Acts and Regulations

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

Full text
Appeal or review of decision of a regulator
2023, c.6, s.1
48.1(1)A regulator shall be recognized by the Tribunal as an expert with respect to any decision made by the regulator under financial and consumer services legislation.
48.1(2)When a decision made by a regulator is subject to a review by the Tribunal or an appeal to the Tribunal, the Tribunal may do the following:
(a) when, in the opinion of the Tribunal, the decision is reasonable, confirm the decision; and
(b) when, in the opinion of the Tribunal, the decision is unreasonable,
(i) revoke the decision and substitute a decision that, in the opinion of the Tribunal, is reasonable,
(ii) refer the decision back to the regulator for reconsideration, or
(iii) refer the matter back to the regulator for a rehearing in whole or in part, in accordance with any directions the Tribunal considers proper.
48.1(3)When a decision is referred back to the regulator under subparagraph (2)(b)(ii), the regulator shall reconsider and confirm, vary or set aside the decision as the regulator considers appropriate.
48.1(4)When a matter is referred back to the regulator under subparagraph (2)(b)(iii), the regulator shall rehear the matter and confirm, vary or set aside the decision as the regulator considers proper.
2023, c.6, s.1