Acts and Regulations

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

Section 40
Disposition versions

Full text
Registrar of the Tribunal
Repealed: 2023, c.6, s.1
2023, c.6, s.1
40Repealed: 2023, c.6, s.1
2017, c.48, s.8; 2022, c.9, s.13; 2023, c.6, s.1
Registrar of the Tribunal
40(1)With the approval of the chair of the Tribunal, the Commission shall appoint from among its employees a Registrar of the Tribunal.
40(2)The Registrar shall perform the duties imposed on the Registrar by financial and consumer services legislation or by the chair of the Tribunal or delegated to the Registrar under section 15.
40(3)The Registrar may exercise the powers imposed on the Registrar by financial and consumer services legislation, by the chair of the Tribunal or by the Commission or delegated to the Registrar under section 15 and may do any of the following:
(a) accept service of all notices and other documents on behalf of the Tribunal;
(b) when authorized by the chair of the Tribunal, sign a decision made by the Tribunal; and
(c) certify under their hand a decision made by the Tribunal or a document or other thing used in connection with a hearing by the Tribunal.
40(4) In the case of the temporary absence, illness or incapacity to act of the Registrar, the Commission, with the approval of the chair of the Tribunal, may designate another employee of the Commission to act as Registrar.
40(5)Repealed: 2017, c.48, s.8
40(6)Repealed: 2017, c.48, s.8
40(7)Repealed: 2017, c.48, s.8
2017, c.48, s.8; 2022, c.9, s.13
Registrar of the Tribunal
40(1)With the approval of the chair of the Tribunal, the Commission shall appoint from among its employees a Registrar of the Tribunal.
40(2)The Registrar shall perform the duties imposed on him or her by financial and consumer services legislation or by the chair of the Tribunal or delegated to him or her under section 15.
40(3)The Registrar may exercise the powers imposed on him or her by financial and consumer services legislation, by the chair of the Tribunal or by the Commission or delegated to him or her under section 15 and may do any of the following:
(a) accept service of all notices and other documents on behalf of the Tribunal;
(b) when authorized by the chair of the Tribunal, sign a decision made by the Tribunal; and
(c) certify under his or her hand a decision made by the Tribunal or a document or other thing used in connection with a hearing by the Tribunal.
40(4) In the case of the temporary absence, illness or incapacity to act of the Registrar, the Commission, with the approval of the chair of the Tribunal, may designate another employee of the Commission to act as Registrar.
40(5)Repealed: 2017, c.48, s.8
40(6)Repealed: 2017, c.48, s.8
40(7)Repealed: 2017, c.48, s.8
2017, c.48, s.8
Registrar of the Tribunal
40(1)With the approval of the chair of the Tribunal, the Commission shall appoint from among its employees a Registrar of the Tribunal.
40(2)The Registrar shall perform the duties imposed on him or her by financial and consumer services legislation or by the chair of the Tribunal or delegated to him or her under section 15.
40(3)The Registrar may exercise the powers imposed on him or her by financial and consumer services legislation, by the chair of the Tribunal or by the Commission or delegated to him or her under section 15 and may do any of the following:
(a) accept service of all notices and other documents on behalf of the Tribunal;
(b) when authorized by the chair of the Tribunal, sign a decision made by the Tribunal as a result of a hearing; and
(c) certify under his or her hand a decision made by the Tribunal or a document or other thing used in connection with a hearing by the Tribunal.
40(4) In the case of the temporary absence, illness or incapacity to act of the Registrar, the Commission, with the approval of the chair of the Tribunal, may designate another employee of the Commission to act as Registrar.
40(5)A certificate purporting to be signed by the Registrar is, without proof of the Registrar’s appointment, authority or signature, admissible in evidence and is, in the absence of evidence to the contrary, proof of the facts stated in the certificate.
40(6)A certificate referred to in subsection (5) shall not be received in evidence unless the party intending to produce it has given to the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the certificate.
40(7)With leave of the court, a person against whom a certificate referred to in subsection (5) is produced may require the attendance of the person who signed the certificate for purposes of cross-examination.
Registrar of the Tribunal
40(1)With the approval of the chair of the Tribunal, the Commission shall appoint from among its employees a Registrar of the Tribunal.
40(2)The Registrar shall perform the duties imposed on him or her by financial and consumer services legislation or by the chair of the Tribunal or delegated to him or her under section 15.
40(3)The Registrar may exercise the powers imposed on him or her by financial and consumer services legislation, by the chair of the Tribunal or by the Commission or delegated to him or her under section 15 and may do any of the following:
(a) accept service of all notices and other documents on behalf of the Tribunal;
(b) when authorized by the chair of the Tribunal, sign a decision made by the Tribunal as a result of a hearing; and
(c) certify under his or her hand a decision made by the Tribunal or a document or other thing used in connection with a hearing by the Tribunal.
40(4) In the case of the temporary absence, illness or incapacity to act of the Registrar, the Commission, with the approval of the chair of the Tribunal, may designate another employee of the Commission to act as Registrar.
40(5)A certificate purporting to be signed by the Registrar is, without proof of the Registrar’s appointment, authority or signature, admissible in evidence and is, in the absence of evidence to the contrary, proof of the facts stated in the certificate.
40(6)A certificate referred to in subsection (5) shall not be received in evidence unless the party intending to produce it has given to the person against whom it is to be produced reasonable notice of the party’s intention, together with a copy of the certificate.
40(7)With leave of the court, a person against whom a certificate referred to in subsection (5) is produced may require the attendance of the person who signed the certificate for purposes of cross-examination.