Acts and Regulations

2013, c.30 - Financial and Consumer Services Commission Act

Full text
Hearing panels of the Tribunal
Repealed: 2023, c.6, s.1
2023, c.6, s.1
39Repealed: 2023, c.6, s.1
2017, c.48, s.8; 2023, c.6, s.1
Hearing panels of the Tribunal
39(1)The chair of the Tribunal may assign two or more persons from among the members of the Tribunal to sit as members of a hearing panel of the Tribunal and may direct the hearing panel to hold any hearing that the Tribunal itself could hold under financial and consumer services legislation.
39(1.1)Despite subsection (1), the chair of the Tribunal may assign one person from among the members of the Tribunal to sit as a hearing panel of the Tribunal and may direct the hearing panel to hold any hearing in relation to procedural motions or settlements that the Tribunal itself could hold under financial and consumer services legislation.
39(2)A majority of the members of a hearing panel constitute a quorum at a hearing held by the hearing panel.
39(3)A decision, ruling, order, temporary order or direction made by a hearing panel, or any action taken by a hearing panel, at a sitting of a hearing panel shall be deemed to be a decision, ruling, order, temporary order or direction of the Tribunal or action of the Tribunal, as the case may be.
39(4)A hearing panel has, with respect to its duties, the same jurisdiction as that of the Tribunal and may exercise all the powers of the Tribunal under financial and consumer services legislation with respect to a hearing that the hearing panel is directed to hold, and, for that purpose, any reference in financial and consumer services legislation to the Tribunal is deemed to be a reference to a hearing panel.
39(5)The chair of the Tribunal may designate a member of a hearing panel to preside at any sitting of the hearing panel.
39(6)Two or more hearing panels may be constituted and may act simultaneously.
39(7)A hearing panel shall hold its sittings separately from those of another hearing panel being held at the same time.
39(8)If a hearing is being held by a hearing panel and a member of the hearing panel is for any reason unable to complete the hearing, the remaining members, if they constitute a quorum of the hearing panel, may complete the hearing.
2017, c.48, s.8
Hearing panels of the Tribunal
39(1)The chair of the Tribunal may assign two or more persons from among the members of the Tribunal to sit as members of a hearing panel of the Tribunal and may direct the hearing panel to hold any hearing that the Tribunal itself could hold under financial and consumer services legislation.
39(2)A majority of the members of a hearing panel constitute a quorum at a hearing held by the hearing panel.
39(3)A decision, ruling, order, temporary order or direction made by a hearing panel, or any action taken by a hearing panel, at a sitting of a hearing panel shall be deemed to be a decision, ruling, order, temporary order or direction of the Tribunal or action of the Tribunal, as the case may be.
39(4)A hearing panel has, with respect to its duties, the same jurisdiction as that of the Tribunal and may exercise all the powers of the Tribunal under financial and consumer services legislation with respect to a hearing that the hearing panel is directed to hold, and, for that purpose, any reference in financial and consumer services legislation to the Tribunal is deemed to be a reference to a hearing panel.
39(5)The chair of the Tribunal may designate a member of a hearing panel to preside at any sitting of the hearing panel.
39(6)Two or more hearing panels may be constituted and may act simultaneously.
39(7)A hearing panel shall hold its sittings separately from those of another hearing panel being held at the same time.
39(8)If a hearing is being held by a hearing panel and a member of the hearing panel is for any reason unable to complete the hearing, the remaining members, if they constitute a quorum of the hearing panel, may complete the hearing.
Hearing panels of the Tribunal
39(1)The chair of the Tribunal may assign two or more persons from among the members of the Tribunal to sit as members of a hearing panel of the Tribunal and may direct the hearing panel to hold any hearing that the Tribunal itself could hold under financial and consumer services legislation.
39(2)A majority of the members of a hearing panel constitute a quorum at a hearing held by the hearing panel.
39(3)A decision, ruling, order, temporary order or direction made by a hearing panel, or any action taken by a hearing panel, at a sitting of a hearing panel shall be deemed to be a decision, ruling, order, temporary order or direction of the Tribunal or action of the Tribunal, as the case may be.
39(4)A hearing panel has, with respect to its duties, the same jurisdiction as that of the Tribunal and may exercise all the powers of the Tribunal under financial and consumer services legislation with respect to a hearing that the hearing panel is directed to hold, and, for that purpose, any reference in financial and consumer services legislation to the Tribunal is deemed to be a reference to a hearing panel.
39(5)The chair of the Tribunal may designate a member of a hearing panel to preside at any sitting of the hearing panel.
39(6)Two or more hearing panels may be constituted and may act simultaneously.
39(7)A hearing panel shall hold its sittings separately from those of another hearing panel being held at the same time.
39(8)If a hearing is being held by a hearing panel and a member of the hearing panel is for any reason unable to complete the hearing, the remaining members, if they constitute a quorum of the hearing panel, may complete the hearing.