98(1)Despite subsection 38(5) of the Financial and Consumer Services Commission Act, the Tribunal, on its own motion, may state a case in writing for the opinion of The Court of Appeal of New Brunswick on a question that, in the opinion of the Tribunal, is a question of law.

98(2)The Court of Appeal of New Brunswick shall hear and determine the question or questions of law arising in the stated case and shall remit the matter to the Tribunal with the opinion of the Court, and the opinion of the Court on a question of law is binding on the Tribunal and the parties.

98(3)No costs shall be awarded in a case stated under this section.

98(1)Notwithstanding section 97, the Board may of its own motion state a case in writing for the opinion of The Court of Appeal of New Brunswick on any question that, in the opinion of the Board, is a question of law.

98(2)The Court of Appeal of New Brunswick shall hear and determine the question or questions of law arising in the stated case and remit the matter to the Board, with the opinion of the Court; and the opinion of the Court on a question of law is binding on the Board and the parties.

98(3)No costs shall be awarded in any case stated under this section.