5(1)A person who wishes to provide funeral services for remuneration, reward or compensation under pre-arranged funeral plans may apply to the Director for a funeral provider’s licence under this Act to enter into pre-arranged funeral plans in accordance with the regulations.

5(2)If the Director is satisfied that an applicant for a funeral provider’s licence is a reputable person and that the necessary agreements have been made with a financial institution, as required by this Act, for the deposit of and the reporting with respect to any money to be received under the pre-arranged funeral plans proposed to be entered into by the applicant, the Director may, subject to subsections (3) and (4), issue a licence to the applicant.

5(3)The Director shall not issue a funeral provider’s licence under subsection (2) unless the applicant is a licensed Funeral Provider under the Embalmers, Funeral Directors and Funeral Providers Act.

5(4)The Director shall not issue a funeral provider’s licence under subsection (2) if the applicant is in arrears in respect of payment of levies to the Board for deposit to the credit of the Compensation Fund.

5(5)The Director may at any time restrict a funeral provider’s licence by imposing any terms and conditions that he or she considers appropriate on the licence.

5(6)A licensed funeral provider shall comply with the terms and conditions imposed by the Director under subsection (5) and to any terms and conditions for the licence established by the regulations.

5(7)The Director shall not refuse to issue a funeral provider’s licence for a reason other than that referred to in subsection (3) or (4) or impose terms and conditions on the licence without giving the applicant or holder of the licence an opportunity to be heard.

5(8)A funeral provider’s licence remains valid for the period of time prescribed by regulation.

6(1)Subject to subsection (7), a licensed funeral provider shall, for each location at which the licensed funeral provider carries on business in the Province, employ or contract with a licensed manager to act on behalf of the licensed funeral provider at the location.

6(2)A person may apply to the Director for a manager’s licence in accordance with the regulations.

6(3)If the Director is satisfied that an applicant for a funeral provider’s licence is a reputable person, the Director may, subject to subsection (4), issue a manager’s licence to the applicant.

6(4)The Director shall not issue a manager’s licence under subsection (3) unless the applicant is licensed as a Funeral Director under the Embalmers, Funeral Directors and Funeral Providers Act.

6(5)The Director may at any time restrict a manager’s licence by imposing any terms and conditions that he or she considers appropriate on the licence.

6(5.1)A licensed manager shall comply with the terms and conditions imposed by the Director under subsection (5) and to any terms and conditions for the licence established by the regulations.

6(5.2)The Director shall not refuse to issue a manager’s licence for a reason other than that referred to in subsection (4) or impose terms and conditions on the licence without giving the applicant or holder of the licence an opportunity to be heard.

6(5.3)A manager’s licence remains valid for the period of time prescribed by regulation.

6(6)For the location at which a licensed manager acts on behalf of a licensed funeral provider under subsection (1), the licensed manager

6(7)A licensed funeral provider who is an individual may be the licensed manager for one location at which the licensed funeral provider carries on business in the Province.

8(1)In this section, “licensed funeral director” means a person licensed as a Funeral Director under the Embalmers, Funeral Directors and Funeral Providers Act.

8(2)Subject to subsection (3), a licensed funeral provider, with respect to every pre-arranged funeral plan entered into after July 31, 2010, shall ensure that both the purchaser and a licensed funeral director who has been provided by the licensed funeral provider with the authority to enter into pre-arranged funeral plans on behalf of the licensed funeral provider sign a Standard Form of Pre-arranged Funeral Plan prescribed by regulation.

8(3)A purchaser and a licensed funeral director who enter into a pre-arranged funeral plan or an agreement amending a pre-arranged funeral plan on behalf of a licensed funeral provider may agree to any addition to the Standard Form of Pre-arranged Funeral Plan that does not alter any right or duty as stated in this Act, the regulations or the Standard Form of Pre-arranged Funeral Plan.

8(4)Despite anything in this section, a pre-arranged funeral plan entered into by a purchaser and a licensed funeral provider is not invalid by reason only that it is not in the form of a Standard Form of Pre-arranged Funeral Plan.

10(1)Subject to subsection (2), a licensed funeral provider holds in trust any money paid under a pre-arranged funeral plan held by the licensed funeral provider, including any money that may be payable as penalty under subsection (4), for the purposes for which it has been paid until

10(2)Subject to subsection 29(2), subsection (1) applies with respect to a pre-arranged funeral plan entered into before the commencement of this subsection, except that the licensed funeral provider shall retain in trust, unless the plan is terminated, cancelled or discontinued, at least ten per cent of the total amount paid under the plan until all the funeral services contracted for under the plan have been provided.

10(3)When, at the request of the purchaser or the purchaser’s legal representative, a pre-arranged funeral plan is terminated, cancelled or discontinued within the period of time prescribed by regulation, no penalty or charge is payable, despite any provision in a contract or agreement to the contrary, with respect to the termination, cancellation or discontinuance.

10(4)When, at the request of the purchaser or the purchaser’s legal representative, a pre-arranged funeral plan is terminated, cancelled or discontinued after the period of time referred to in subsection (3), the person making the request shall, if the plan so provides, pay to the licensed funeral provider a penalty, not exceeding the amount prescribed by regulation.

10(5)When a penalty is payable under subsection (4), the amount of the penalty may be deducted by the licensed funeral provider from the money held in trust with respect to the plan that is being terminated, cancelled or discontinued.

10(6)Except as provided in subsection (4), no charge or penalty is payable on the termination, cancellation or discontinuance of a pre-arranged funeral plan and an agreement to pay any charge or penalty other than the penalty referred to in subsection (4) is void.

10(7)The provisions of this section with respect to penalties apply only with respect to pre-arranged funeral plans entered into after May 1, 1988.

10(8)Any money retained by a person in accordance with subsection 4(2) of this Act as it existed immediately before May 1, 1988, shall be dealt with by the person in accordance with the provisions of this Act as they existed at the time the pre-arranged funeral plan authorizing the retention was entered into.

15(1)Subject to subsection (2), a licensed funeral provider shall not withdraw any money paid to a financial institution under section 12 unless

15(2)Subject to subsection 29(2), subsection (1) applies with respect to a pre-arranged funeral plan entered into before July 31, 2010, except that the licensed funeral provider shall retain in trust, unless the plan is terminated, cancelled or discontinued, at least ten per cent of the total amount paid under the plan until all the funeral services contracted for under the plan have been provided.

15(3)If following termination, cancellation or discontinuance of a pre-arranged funeral plan a licensed funeral provider is not available to withdraw or refuses to withdraw money which the licensed funeral provider is required to refund to the purchaser or to pay to the purchaser’s legal representative, the financial institution may, upon the written direction of the Director, pay the money out to the purchaser or the purchaser’s legal representative from the account maintained for the licensed funeral provider.

15(4)If money is held in trust under a pre-arranged funeral plan by a person whose funeral provider’s licence is suspended or cancelled, the Director may order a financial institution to whom money was paid under section 12 by the licensed funeral provider to refrain from paying out all or any part of the money for the period of the suspension or cancellation, and the financial institution shall comply with the order.

15(5)Every pre-arranged funeral plan shall contain a statement that the money paid under the plan may be withdrawn or paid out in the manner specified under subsection (1) or (3) without payment of a penalty or charge other than as permitted by subsection 10(4).

15(6)Subject to any agreement between a licensed funeral provider and a purchaser to provide for the payment of the interest or any part of it to the purchaser, all interest earned on money paid under a pre-arranged funeral plan shall be held in trust by the licensed funeral provider.

15(7)Subsections (5) and (6) apply only with respect to pre-arranged funeral plans entered into after May 1, 1988.

16(1)There is established a fund called the Pre-arranged Funeral Services Compensation Fund for the purpose of compensating purchasers of a pre-arranged funeral plan for those losses prescribed by regulation and for other purposes prescribed by regulation, subject to the limitations set by this Act or the regulations.

16(2)The Board shall administer the Compensation Fund subject to and in accordance with the regulations.

16(3)The Board is not an insurer for the purposes of the Insurance Act.

17(1)A licensed funeral provider who holds in trust money paid under a pre-arranged funeral plan shall pay to the Board, in accordance with this Act and the regulations and in respect of each plan, a levy in an amount and within the time prescribed by regulation for deposit to the credit of the Compensation Fund.

17(2)Subject to subsections (3) and (4), a levy withdrawn by a person under subsection 6.2(2) of this Act, as it existed immediately before July 31, 2010, shall be deemed to have been paid out of the proceeds of the pre-arranged funeral plan to which the licensee or former licensee is entitled on performance of the funeral services contracted for under the plan.

17(3)When a pre-arranged funeral plan is terminated, cancelled or discontinued, a levy withdrawn by a person under subsection 6.2(2) of this Act, as it existed immediately before July 31, 2010, shall be deemed to have been paid out of the penalty payable under the plan, if one is provided for, or out of money the person is authorized to retain in accordance with subsection 10(8), and the person shall credit the amount of the levy withdrawn as payment towards any penalty payable under the plan or as payment towards any money the person is authorized to retain under subsection 10(8).

17(4)When a pre-arranged funeral plan is terminated, cancelled or discontinued and no penalty is provided for in the plan or the penalty is less than the amount of the levy withdrawn or the amount authorized to be retained under subsection 10(8), the person who withdrew the money under subsection 6.2(2) of this Act, as it existed immediately before July 31, 2010, shall reimburse

17(5)Despite any other provision of this Act or any provision in a pre-arranged funeral plan, no action lies against a person with respect to a withdrawal and payment of a levy under this section or in respect of any loss of interest that may have resulted because of the withdrawal and payment.

18(1)Every licensed funeral provider shall, at such times as may be established by or in accordance with the regulations, report to the Director or the Board concerning any pre-arranged funeral plans undertaken by the licensed funeral provider and shall give to the Director or the Board the information in respect of the plans that is required by or in accordance with the regulations.

18(2)Every financial institution shall prepare as of December 31 in each year, and at such other times as the Director may require, a statement showing:

18(3)The statement required under subsection (2) as of December 31 in each year shall be sent by ordinary mail to the Director before January 31 in the year immediately following the year to which the statement relates, and any other statement required under subsection (2) shall be sent by ordinary mail to the Director before a date fixed by the Director.

19(1)A licensed funeral provider shall forward for inspection to the Director, at the request of the Director, all advertising material, sales literature, catalogues, price lists, trade notices, brochures, folders, posters, displays, photographs, films and other material used or to be used by the licensed funeral provider, or by anyone acting on behalf of the licensed funeral provider, in relation to promoting pre-arranged funeral plans or to soliciting persons to enter into pre-arranged funeral plans.

19(2)The Director may restrict or prohibit the use by a licensed funeral provider of any advertising material, sales literature, catalogues, price lists, trade notices, brochures, folders, posters, displays, photographs, films or other material referred to in subsection (1) if the Director finds that the use of the material is on any reasonable grounds objectionable.

19(3)A restriction or prohibition issued under subsection (2) constitutes a condition to which the licence of the funeral provider’s licence is subject.

23(1)A licensed funeral provider may, with the consent of the purchaser or the purchaser’s legal representative, assign a pre-arranged funeral plan to another licensed funeral provider with notice in writing of the assignment to the financial institution maintaining the account on behalf of the licensed funeral provider making the assignment.

23(1.1)A licensed funeral provider shall, at the request of the purchaser or the purchaser’s legal representative, assign a pre-arranged funeral plan to another licensed funeral provider with notice in writing of the assignment to the financial institution maintaining the account on behalf of the licensed funeral provider making the assignment.

23(2)When an assignment of a pre-arranged funeral plan is made to another licensed funeral provider, the financial institution maintaining the account on behalf of the licensed funeral provider shall make all necessary changes in the records and funds in order to make the assignment complete, and if the account of the assignee is maintained elsewhere than with that financial institution, money held under the assigned pre-arranged funeral plan may be transferred to the account maintained on behalf of the assignee, on the payment by the assignee of the charges and fees of the financial institution.

23(3)A licensed funeral provider who makes an assignment of a pre-arranged funeral plan to another licensed funeral provider on the request of the purchaser or the purchaser’s legal representative may charge an administrative fee that does not exceed the amount prescribed by regulation.

26.1(1)If agreed to by a purchaser and a licensed funeral provider in a pre-arranged funeral plan, the licensed funeral provider may contract with a third party to provide on its behalf funeral services under the pre-arranged funeral plan, but the licensed funeral provider remains responsible for the provision of the services under the plan.

26.1(2)This section applies only to the funeral services prescribed by regulation.

26.1(3)This section applies despite paragraph 3(a) and section 26.

28(1)The Director may, after notice to the licensed funeral provider and a hearing, suspend or cancel a funeral provider’s licence issued under this Act if the Director is satisfied that the licensed funeral provider

28(2)The Director may, after notice to the licensed manager and a hearing, suspend or cancel a manager’s licence issued under this Act if the Director is satisfied that the licensed manager

28(3)Subject to subsection (4), the Director may suspend a funeral provider’s licence or a manager’s licence issued under this Act without a hearing for a period not exceeding 15 days if the Director is satisfied that the licensed funeral provider or licensed manager, as the case may be, has violated or failed to comply with any provision of this Act.

28(4)If a hearing is commenced under subsection (1) or (2), as the case may be, within the 15-day period referred to in subsection (3), the Director may extend the suspension of the funeral provider’s licence or manager’s licence until the hearing is concluded.

28(8)The Director may cancel a funeral provider’s licence issued under this Act if the Director is satisfied that the licensed funeral provider is in arrears more than ten days with respect to any levies that are required to be paid to the Board for deposit to the credit of the Compensation Fund.

28(9)When a funeral provider’s licence is cancelled the Director shall assign all pre-arranged funeral plans entered into by the person whose funeral provider’s licence is cancelled to one or more other licensed funeral providers, with notice to the persons affected by the assignment.

28(10)When a funeral provider’s licence or manager’s licence is cancelled, the Director shall publish notice of the cancellation once in one or more newspapers having general circulation in the Province.

28(11)When a funeral provider’s licence is suspended, has lapsed or has been surrendered or if a licensed funeral provider is unable or unwilling to perform the contracted service under one or more pre-arranged funeral plans, the Director may assign any or all pre-arranged funeral plans entered into by the person whose funeral provider’s licence is suspended, lapsed or surrendered or by the licensee who is unable or unwilling to perform the contracted service, to one or more other licensed funeral providers, with notice to the persons affected by the assignment.

28(12)An assignment under subsection (9) or (11) is effective to assign the pre-arranged funeral plans specified in the assignment and the interest of the person or licensed funeral provider in any agreement with a financial institution under section 12 with respect to money paid under the pre-arranged funeral plans, and is binding on all persons affected by the assignment.

28.1(1)A person directly affected by any of the following decisions of the Director may appeal the decision to the Tribunal:

28.1(2)An appeal under subsection (1) shall be made within 30 days after the date of the decision.

28.1(3)Despite subsection (2), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

29(1)Except as provided by this section and sections 12 and 13, this Act does not apply to pre-arranged funeral plans entered into before June 20, 1963.

29(2)If before June 20, 1963, a pre-arranged funeral plan was entered into,

30.1(1)The following definition applies in this section.

30.1(2)A licensed funeral provider shall keep books, records and documents that are necessary for the proper recording of its business and affairs and any other books, records and documents that are otherwise required under this Act or the regulations.

30.1(3)A licensed funeral provider shall keep the books, records and documents at a safe location and in a durable form.

30.1(4)A licensed funeral provider shall retain the books, records and documents for a minimum period of seven years following:

30.1(5)A licensed funeral provider shall deliver to the Director, or to any other employee of the Financial and Consumer Services Commission, at any time that the Director or other employee requires

30.11(1)No licensed funeral provider shall make any false, misleading or deceptive statements in any advertisement, circular, pamphlet or similar material prepared or used in respect of a regulated activity.

30.11(2)If, in the opinion of the Director, a licensed funeral provider has made a false, misleading or deceptive statement in any advertisement, circular, pamphlet or similar material referred to in subsection (1), the Director may order the licensed funeral provider to stop using that material immediately.

30.12(1)The Financial and Consumer Services Commission may appoint in writing a person as a compliance officer for the purpose of ensuring compliance with this Act and the regulations.

30.12(2)The Financial and Consumer Services Commission shall issue to every compliance officer a certificate of appointment and every compliance officer, in the execution of his or her duties under this Act or the regulations, shall produce his or her certificate of appointment on request.

30.12(3)For the purpose of determining whether this Act and the regulations are being complied with, a compliance officer, in carrying out a compliance review, may

30.12(4)In carrying out a compliance review, a compliance officer may

30.12(5)A compliance officer may carry out a compliance review within or outside the Province.

30.12(6)A compliance officer shall not enter a private dwelling under subsection (3) unless the compliance officer has the consent of the occupier or has obtained an entry warrant under the Entry Warrants Act.

30.12(7)Before or after attempting to enter or to have access to any premises, a compliance officer may apply for an entry warrant under the Entry Warrants Act.

30.12(8)The Financial and Consumer Services Commission may, in circumstances prescribed by regulation, require a licensed funeral provider or former licensee in respect of which a compliance review was carried out to pay the Financial and Consumer Services Commission any fee prescribed by regulation and to reimburse the Financial and Consumer Services Commission for any expenses prescribed by regulation.

30.2(1)A compliance officer who removes books, records or documents to make a copy or extract of them or any part of them shall give a receipt to the occupier of the premises for the books, records or documents removed and return the books, records or documents as soon as possible after the making of copies or extracts.

30.2(2)A copy or extract of any book, record or document related to a compliance review and purporting to be certified by a compliance officer is admissible in evidence in any action, proceeding or prosecution and is proof, in the absence of evidence to the contrary, of the original without proof of the appointment, authority or signature of the person purporting to have certified the copy or extract.

30.22(1)No person shall obstruct or interfere with a compliance officer who is carrying out or attempting to carry out a compliance review under this Act, or withhold, destroy, conceal, alter or refuse to produce any information or thing reasonably required by a compliance officer for the purposes of the compliance review.

30.22(2)A refusal of consent to enter a private dwelling is not and shall not be considered to be interfering with or obstructing within the meaning of subsection (1), except if an entry warrant has been obtained.

30.3(1)The Director may make an order under subsection (2)

30.3(2)By an order applicable generally or to one or more persons named or otherwise described in the order, the Director may require any of the following persons to provide information or to produce books, records or documents or classes of books, records or documents specified or otherwise described in the order within the time or at the intervals specified in the order:

30.3(3)The Director may require that the authenticity, accuracy or completeness of information provided or of a book, record or document or a class of books, records or documents produced pursuant to an order under subsection (2) be verified by affidavit.

30.3(4)The Director may require that the information provided or that the books, records or documents or classes of books, records or documents produced pursuant to an order made under subsection (2) be delivered in electronic form, if the information or the books, records or documents or classes of books, records or documents are already available in that form.

30.31(1)The Financial and Consumer Services Commission may, by order, appoint a person as an investigator to make any investigation that the Financial and Consumer Services Commission considers expedient

30.31(2)In its order, the Financial and Consumer Services Commission shall specify the scope of an investigation to be carried out under subsection (1).

30.32(1)An investigator may, with respect to the person who is the subject of the investigation, investigate, inspect and examine

30.32(2)For the purposes of an investigation under this Act, an investigator may inspect and examine any book, record, document or thing, whether in possession or control of the person in respect of whom the investigation is ordered or any other person.

30.32(3)An investigator making an investigation under this Act may, on production of the order appointing him or her,

30.32(4)Inspection or examination under this section shall be completed as soon as possible and the books, records, documents or things shall be returned promptly to the person who produced them.

30.32(5)No person shall withhold, destroy, conceal, alter or refuse to give any information or withhold, destroy, conceal, alter or refuse to produce any book, record, document or thing reasonably required under subsection (3) by an investigator.

30.4(1)An investigator making an investigation under this Act has the same power to summon and enforce the attendance of witnesses, to compel witnesses to give evidence under oath or in any other manner and to compel witnesses to produce books, records, documents and things or classes of books, records, documents and things as the Court of King’s Bench has for the trial of civil actions.

30.4(2)On the application of an investigator to the Court of King’s Bench, the failure or refusal of a person to attend, to take an oath, to answer questions or to produce books, records, documents and things or classes of books, records, documents and things in the custody, possession or control of the person makes the person liable to be committed for contempt as if in breach of an order or judgment of the Court of King’s Bench.

30.4(3)A person giving evidence at an investigation conducted under this section may be represented by legal counsel.

30.4(4)Testimony given by a person under this section shall not be admitted into evidence against that person in any prosecution other than for perjury in the giving of that testimony or the giving of evidence contradictory to that testimony.

30.42(1)On request to the investigator by the person who, at the time of the seizure, was in lawful possession of books, records, documents or things seized under this Act, the books, records, documents or things seized shall, at a time and place mutually convenient to the person who was in lawful possession of them at the time of the seizure and the investigator, be made available for consultation and copying by the person.

30.42(2)If books, records, documents or things are seized under this Act and the matter for which the books, records, documents or things were seized is concluded, the investigator shall return those books, records, documents or things to the person who was in lawful possession of them at the time of the seizure within 60 days after the day that the matter is concluded.

30.42(3)If books, records, documents or things are seized under this Act and the person who was in lawful possession of the books, records, documents or things at the time of the seizure alleges that the books, records, documents or things are not relevant in respect of the matter for which they were seized, that person may apply by notice of motion to the Court of King’s Bench for the return of the books, records, documents or things.

30.42(4)On a motion under subsection (3), the Court of King’s Bench shall order the return of any books, records, documents or things that it determines are not relevant to the matter for which they were seized to the person who was in lawful possession of the books, records, documents or things at the time of the seizure.

30.5(1)If an investigation has been made under this Act, the investigator shall, at the request of the Financial and Consumer Services Commission, provide to the Financial and Consumer Services Commission a report of the investigation or any transcripts of evidence or any material or other things in the investigator’s possession relating to the investigation.

30.5(2)A report that is provided to the Financial and Consumer Services Commission under this section is privileged and is inadmissible in evidence in any action or proceeding.

30.51(1)For the purpose of protecting the integrity of an investigation under this Act, the Financial and Consumer Services Commission may make an order that applies for the duration of the investigation, prohibiting a person from disclosing to any person other than the person’s lawyer the following information:

30.51(2)An order under subsection (1) does not apply to disclosures authorized by the regulations or by the Director in writing.

30.51(3)An investigator making an investigation under this Act may make, or authorize the making of, any disclosure of information that may be required for the effectual conduct of the investigation.

30.6(1)A person who does any of the following commits an offence, and is liable on conviction, for each offence, if an individual, to a fine of not more than $50,000 or to imprisonment for a term of not more than one year, or to both, and if a person other than an individual, to a fine of not more than $250,000:

30.6(2)Without limiting the availability of other defences, no person commits an offence under paragraph (1)(a) or (b) if

30.62(1)On the application of the Financial and Consumer Services Commission, the Tribunal may make one or more of the following orders if the Tribunal considers it expedient for the administration of this Act or the regulations or to assist in the administration of similar legislation of another jurisdiction:

30.62(2)An order under subsection (1) that names a financial institution shall apply only to the branches of the financial institution identified in the order.

30.62(3)An order under subsection (1) is effective for seven days after its making, but the Financial and Consumer Services Commission may apply to the Court of King’s Bench to continue the order or for any other order that the Court of King’s Bench considers appropriate.

30.62(4)An order under subsection (1) may be made ex parte but, in that event, copies of the order shall be sent without delay by any means that the Tribunal determines to all persons named in the order.

30.62(5)A person in receipt of an order under subsection (1) who is in doubt as to the application of the order to any funds, securities or property or as to a claim being made to that person by any person not named in the order may apply to the Tribunal for direction or clarification.

30.62(6)The Tribunal, on the application of the Financial and Consumer Services Commission or of a person directly affected by the order, may revoke an order under subsection (1) or permit the release of any funds, securities or property in respect of which the order was made.

30.62(7)A notice of an order under subsection (1) may be registered or recorded against the lands or claims identified in the order by submitting the notice to the appropriate registry office established under the Registry Act or to the appropriate land titles office established under the Land Titles Act.

30.62(8)The Tribunal may order a notice submitted under subsection (7) to be revoked or modified and, if an order is made, the Financial and Consumer Services Commission shall submit a copy of the revocation or modification to the appropriate registry office or land titles office.

30.62(9)On submission of a notice under subsection (7) or a copy of a written revocation or modification under subsection (8), the notice or the copy of the revocation or modification shall be registered or recorded in the registry office or land titles office, as the case may be, by the registrar and has the same effect as the registration or recording of a certificate of pending litigation.

30.71(1)On the application of the Financial and Consumer Services Commission and after conducting a hearing, the Tribunal may order a person to pay an administrative penalty of, in the case of an individual, not more than $25,000, and in the case of a person other than an individual, not more than $100,000, if the Tribunal

30.71(2)The Tribunal may make an order under this section despite the imposition of any other penalty on the person or the making of any other order by the Tribunal, the Financial and Consumer Services Commission or the Director related to the same matter.

30.81(1)Despite any other provision of this Act or the regulations, an administrative proceeding conducted by the Financial and Consumer Services Commission, the Tribunal or the Director under this Act or the regulations may be disposed of by

30.81(2)An agreement, written undertaking or decision made, accepted or approved under subsection (1) may be enforced in the same manner as a decision made by the Financial and Consumer Services Commission, the Tribunal or the Director under any other provision of this Act or under the regulations.