Acts and Regulations

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

Section 48
Disposition versions

Full text
Appeal
Repealed: 2023, c.6, s.1
2023, c.6, s.1
48Repealed: 2023, c.6, s.1
2023, c.6, s.1
Appeal
48(1)With leave of a judge of the Court of Appeal, the Commission or a person directly affected by a final decision of the Tribunal may appeal the decision to the Court of Appeal.
48(2)The application for leave shall be made within 30 days after the later of the making of the decision and the issuing of the reasons for the decision.
48(3)Within the 30-day period referred to in subsection (2), a copy of the leave to appeal application and supporting documents shall be
(a) served on the other parties to the appeal, and
(b) filed with the Registrar of the Tribunal.
48(4)Despite the fact that an appeal is taken under this section, the decision appealed from takes effect immediately, but the Tribunal or the Court of Appeal may grant a stay of the decision until disposition of the appeal.
48(5)The Registrar shall certify to the Court of Appeal the following documents:
(a) the decision that was appealed to the Tribunal or reviewed by the Tribunal, if any;
(b) the decision of the Tribunal, together with any statement of reasons for the decision;
(c) the record of the proceedings before the Tribunal; and
(d) all written submissions to the Tribunal or other material that is relevant to the appeal.
48(6)The Minister is entitled to be heard on the argument of an appeal under this section, regardless of whether the Minister is named as a party to the appeal.
48(7)If an appeal is taken under this section, the Court of Appeal may order the Commission, the Tribunal or a regulator to make a decision or to do any other act that the Commission, the Tribunal or the regulator, as the case may be, is authorized and empowered to do under financial and consumer services legislation and that the Court of Appeal considers proper, having regard to the material and submissions before it and to financial and consumer services legislation, and the Commission, the Tribunal or the regulator, as the case may be, shall make that decision or do that act accordingly.
48(8)To the extent that they are not inconsistent with this section, the Rules of Court apply to an appeal under this section.
48(9)Despite an order of the Court of Appeal on an appeal, the Tribunal may make a further decision on new material or if there is a significant change in the circumstances, and that decision is subject to this section.
Appeal
48(1)With leave of a judge of the Court of Appeal, the Commission or a person directly affected by a final decision of the Tribunal may appeal the decision to the Court of Appeal.
48(2)The application for leave shall be made within 30 days after the later of the making of the decision and the issuing of the reasons for the decision.
48(3)Within the 30-day period referred to in subsection (2), a copy of the leave to appeal application and supporting documents shall be
(a) served on the other parties to the appeal, and
(b) filed with the Registrar of the Tribunal.
48(4)Despite the fact that an appeal is taken under this section, the decision appealed from takes effect immediately, but the Tribunal or the Court of Appeal may grant a stay of the decision until disposition of the appeal.
48(5)The Registrar shall certify to the Court of Appeal the following documents:
(a) the decision that was appealed to the Tribunal or reviewed by the Tribunal, if any;
(b) the decision of the Tribunal, together with any statement of reasons for the decision;
(c) the record of the proceedings before the Tribunal; and
(d) all written submissions to the Tribunal or other material that is relevant to the appeal.
48(6)The Minister is entitled to be heard on the argument of an appeal under this section, regardless of whether the Minister is named as a party to the appeal.
48(7)If an appeal is taken under this section, the Court of Appeal may order the Commission, the Tribunal or a regulator to make a decision or to do any other act that the Commission, the Tribunal or the regulator, as the case may be, is authorized and empowered to do under financial and consumer services legislation and that the Court of Appeal considers proper, having regard to the material and submissions before it and to financial and consumer services legislation, and the Commission, the Tribunal or the regulator, as the case may be, shall make that decision or do that act accordingly.
48(8)To the extent that they are not inconsistent with this section, the Rules of Court apply to an appeal under this section.
48(9)Despite an order of the Court of Appeal on an appeal, the Tribunal may make a further decision on new material or if there is a significant change in the circumstances, and that decision is subject to this section.