Acts and Regulations

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

Section 38
Disposition versions

Full text
Power regarding hearings
Repealed: 2023, c.6, s.1
2023, c.6, s.1
38Repealed: 2023, c.6, s.1
2017, c.48, s.8; 2023, c.6, s.1
Power regarding hearings
38(1)With respect to the following matters, when the Tribunal holds a hearing under financial and consumer services legislation, the Tribunal has the same power that the Court of Queen’s Bench has for the trial of civil actions:
(a) summoning and enforcing the attendance of witnesses;
(b) compelling witnesses to give evidence under oath or in any other manner; and
(c) compelling witnesses to produce books, records, documents and things or classes of books, records, documents and things.
38(2)On application to the Court of Queen’s Bench by the Tribunal, the failure or refusal of a person to do any of the following makes the person liable to be committed for contempt as if in breach of an order or judgment of the Court of Queen’s Bench:
(a) to attend a hearing;
(b) to take an oath at a hearing;
(c) to answer questions at a hearing; or
(d) to produce books, records, documents and things or classes of books, records, documents and things in the custody, possession or control of the person.
38(3)The Tribunal may hold hearings within or outside New Brunswick.
38(4)The Tribunal may hold hearings in conjunction with other bodies if it considers it appropriate and may consult with those bodies during the course of, or in connection with, the hearing.
38(5)The Tribunal may decide all questions of fact or law arising in the course of a hearing.
38(6)The Tribunal may receive in evidence any statement, document, record, information or thing that, in the opinion of the Tribunal, is relevant to the matter before it, regardless of whether the statement, document, record, information or thing is given or produced under oath or would be admissible as evidence in a court of law.
38(7)A proceeding shall be commenced and conducted in accordance with the practices and procedures of the Tribunal.
2017, c.48, s.8
Power regarding hearings
38(1)With respect to the following matters, when the Tribunal holds a hearing under financial and consumer services legislation, the Tribunal has the same power that the Court of Queen’s Bench has for the trial of civil actions:
(a) summoning and enforcing the attendance of witnesses;
(b) compelling witnesses to give evidence under oath or in any other manner; and
(c) compelling witnesses to produce books, records, documents and things or classes of books, records, documents and things.
38(2)On application to the Court of Queen’s Bench by the Tribunal, the failure or refusal of a person to do any of the following makes the person liable to be committed for contempt as if in breach of an order or judgment of the Court of Queen’s Bench:
(a) to attend a hearing;
(b) to take an oath at a hearing;
(c) to answer questions at a hearing; or
(d) to produce books, records, documents and things or classes of books, records, documents and things in the custody, possession or control of the person.
38(3)The Tribunal may hold hearings within or outside New Brunswick.
38(4)The Tribunal may hold hearings in conjunction with other bodies if it considers it appropriate and may consult with those bodies during the course of, or in connection with, the hearing.
38(5)The Tribunal may decide all questions of fact or law arising in the course of a hearing.
38(6)The Tribunal may receive in evidence any statement, document, record, information or thing that, in the opinion of the Tribunal, is relevant to the matter before it, regardless of whether the statement, document, record, information or thing is given or produced under oath or would be admissible as evidence in a court of law.
38(7)A hearing shall be commenced and conducted in accordance with any rules of the Commission made under paragraph 59(3)(a).
Power regarding hearings
38(1)With respect to the following matters, when the Tribunal holds a hearing under financial and consumer services legislation, the Tribunal has the same power that the Court of Queen’s Bench has for the trial of civil actions:
(a) summoning and enforcing the attendance of witnesses;
(b) compelling witnesses to give evidence under oath or in any other manner; and
(c) compelling witnesses to produce books, records, documents and things or classes of books, records, documents and things.
38(2)On application to the Court of Queen’s Bench by the Tribunal, the failure or refusal of a person to do any of the following makes the person liable to be committed for contempt as if in breach of an order or judgment of the Court of Queen’s Bench:
(a) to attend a hearing;
(b) to take an oath at a hearing;
(c) to answer questions at a hearing; or
(d) to produce books, records, documents and things or classes of books, records, documents and things in the custody, possession or control of the person.
38(3)The Tribunal may hold hearings within or outside New Brunswick.
38(4)The Tribunal may hold hearings in conjunction with other bodies if it considers it appropriate and may consult with those bodies during the course of, or in connection with, the hearing.
38(5)The Tribunal may decide all questions of fact or law arising in the course of a hearing.
38(6)The Tribunal may receive in evidence any statement, document, record, information or thing that, in the opinion of the Tribunal, is relevant to the matter before it, regardless of whether the statement, document, record, information or thing is given or produced under oath or would be admissible as evidence in a court of law.
38(7)A hearing shall be commenced and conducted in accordance with any rules of the Commission made under paragraph 59(3)(a).