1The following definitions apply in this Act.
“apparent owner” means, in relation to property, the person whose name appears on the books, records or documents of a holder as the person entitled to the property held, issued or owing by the holder.(propriétaire apparent)
“business organization” means a sole proprietorship, a partnership, a limited partnership, a corporation, a body corporate, an unincorporated association, an unincorporated syndicate, an unincorporated organization, a not-for-profit company, an association, whether operated for profit or not, and includes a mutual fund corporation, an insurer, a fraternal benefit society, a mutual benefit association and any other entity prescribed by regulation. (entreprise)
“Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act.(Commission)
“Court” means The Court of King’s Bench of New Brunswick.(Cour)
“Director” means the Director of Unclaimed Property appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Commission or the Director to act on the Director’s behalf.(directeur)
“foreign administrator” means the person who, in any other jurisdiction, performs duties and exercises powers similar to those of the Director in relation to unclaimed property.(administrateur étranger)
“governmental organization” means
(organisme gouvernemental)
(a)
a public body as defined in the
Right to Information and Protection of Privacy Act,
(b)
the Court, The Court of Appeal of New Brunswick, The Probate Court of New Brunswick, the Provincial Court of New Brunswick or the Small Claims Court of New Brunswick, or
(c)
a health care body as defined in the
Right to Information and Protection of Privacy Act.
“holder” means any person, including a business organization and a governmental organization, that is or becomes obligated to hold property for the account of, or to deliver, pay or transfer property to, an owner or apparent owner.(détenteur)
“investigator” means a person appointed as an investigator under section 37.(enquêteur)
“Minister” means the Minister of Finance and Treasury Board includes any person designated by the Minister to act on the Minister’s behalf.(ministre)
“owner” means a person who has a legal or equitable interest in property and includes the person’s legal representative.(propriétaire)
“property” means
(bien)
(a)
a right or interest in intangible property that is held, issued or owed by a holder, and includes all income earned on the property and any property that is referred to as or is evidenced by the following, but does not include any thing or class of thing excluded by the regulations:
(i)
money or a cheque, money order, traveller’s cheque, draft, bill of exchange, deposit, interest or dividend;
(ii)
a credit balance, customer’s overpayment, security deposit, refund, credit memorandum, unpaid wage or salary, unused ticket or unidentified remittance;
(iii)
a share or other evidence of ownership of an interest in a business organization;
(iv)
a bond, debenture, note or other evidence of indebtedness;
(v)
a derivative as defined in the
Securities Act;
(vi)
the right to an amount due and payable by an insurer under the terms of an insurance policy, including an annuity and a refund of premiums; and
(vii)
the right to receive an amount distributable from a trust or custodial fund established under
(A)
a plan to provide education, health, welfare, vacation, severance, retirement or death benefits,
(B)
a share purchase, profit sharing, employee savings or supplemental employment insurance plan, or
(C)
a similar benefit plan; and
(b)
any other thing or class of thing prescribed by regulation.
“regulation” means a regulation made under this Act and, unless the context otherwise indicates, includes a rule.(règlement)
“rule” means a rule made under section 55, or, if the context requires, a rule made under the Financial and Consumer Services Commission Act.(règle)
“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act.(Tribunal)
“unclaimed property” means property that is presumed to be unclaimed within the meaning of section 4.(bien non réclamé)
2023, c.6, s.19; 2023, c.17, s.272