Acts and Regulations

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

Section 44
Disposition versions

Full text
Payment of hearing and investigation costs
Repealed: 2023, c.6, s.1
2023, c.6, s.1
44Repealed: 2023, c.6, s.1
2016, c.36, s.6; 2017, c.48, s.8; 2023, c.6, s.1
Payment of hearing and investigation costs
44(1)After holding a hearing, the Tribunal may order a person whose affairs were the subject of the hearing to pay the fees and expenses prescribed by regulation for the costs of any investigation and the costs related to the hearing that were incurred by or on behalf of the Commission if the Tribunal
(a) is satisfied that the person has not complied with, or is not complying with, financial and consumer services legislation, or
(b) is of the opinion that the person has not acted in the public interest.
44(2)On application by the Commission and after holding a hearing, the Tribunal may order a person who has been convicted of an offence under financial and consumer services legislation to pay the fees and expenses prescribed by regulation for the costs of an investigation in respect of the offence that were incurred by or on behalf of the Commission.
44(3)For the purposes of subsection (1) and (2), the costs related to an investigation or a hearing that are incurred by or on behalf of the Commission include the following:
(a) costs incurred in respect of services provided by an expert, an investigator or other consultant;
(b) costs for time spent by the Commission or the staff of the Commission;
(c) fees paid to a witness;
(d) costs of legal services provided to the Commission; and
(e) any costs of matters preliminary to the hearing.
44(4)The Tribunal may prepare a certificate certifying the amount of the costs that the person is required to pay under subsection (1) or (2), and the Commission may file the certificate with a clerk of the Court of Queen’s Bench.
44(5)A certificate filed under subsection (4) has the same force and effect as if it were a judgment of the Court of Queen’s Bench for the recovery of a debt in the amount specified in the certificate together with the costs of filing.
44(6)The Rules of Court with respect to costs and the taxation of costs do not apply to costs referred to in this section.
2016, c.36, s.6; 2017, c.48, s.8
Payment of hearing and investigation costs
44(1)After holding a hearing, the Tribunal may order a person whose affairs were the subject of the hearing to pay the fees and expenses set out in the rules of the Commission for the costs of any investigation and the costs related to the hearing that were incurred by or on behalf of the Commission if the Tribunal
(a) is satisfied that the person has not complied with, or is not complying with, financial and consumer services legislation, or
(b) is of the opinion that the person has not acted in the public interest.
44(2)On application by the Commission and after holding a hearing, the Tribunal may order a person who has been convicted of an offence under financial and consumer services legislation to pay the fees and expenses set out in the rules of the Commission for the costs of an investigation in respect of the offence that were incurred by or on behalf of the Commission.
44(3)For the purposes of subsection (1) and (2), the costs related to an investigation or a hearing that are incurred by or on behalf of the Commission include the following:
(a) costs incurred in respect of services provided by an expert, an investigator or other consultant;
(b) costs for time spent by the Commission or the staff of the Commission;
(c) fees paid to a witness;
(d) costs of legal services provided to the Commission; and
(e) any costs of matters preliminary to the hearing.
44(4)The Tribunal may prepare a certificate certifying the amount of the costs that the person is required to pay under subsection (1) or (2), and the Commission may file the certificate with a clerk of the Court of Queen’s Bench.
44(5)A certificate filed under subsection (4) has the same force and effect as if it were a judgment of the Court of Queen’s Bench for the recovery of a debt in the amount specified in the certificate together with the costs of filing.
44(6)The Rules of Court with respect to costs and the taxation of costs do not apply to costs referred to in this section.
2016, c.36, s.6
Payment of hearing and investigation costs
44(1)After holding a hearing, the Tribunal may order a person whose affairs were the subject of the hearing to pay the fees and expenses set out in the rules of the Commission for the costs of any investigation and the costs related to the hearing that were incurred by or on behalf of the Commission if the Tribunal
(a) is satisfied that the person has not complied with, or is not complying with, financial and consumer services legislation, or
(b) is of the opinion that the person has not acted in the public interest when a duty to act in the public interest is imposed on the person by financial and consumer services legislation.
44(2)On application by the Commission and after holding a hearing, the Tribunal may order a person who has been convicted of an offence under financial and consumer services legislation to pay the fees and expenses set out in the rules of the Commission for the costs of an investigation in respect of the offence that were incurred by or on behalf of the Commission.
44(3)For the purposes of subsection (1) and (2), the costs related to an investigation or a hearing that are incurred by or on behalf of the Commission include the following:
(a) costs incurred in respect of services provided by an expert, an investigator or other consultant;
(b) costs for time spent by the Commission or the staff of the Commission;
(c) fees paid to a witness;
(d) costs of legal services provided to the Commission; and
(e) any costs of matters preliminary to the hearing.
44(4)The Tribunal may prepare a certificate certifying the amount of the costs that the person is required to pay under subsection (1) or (2), and the Commission may file the certificate with a clerk of the Court of Queen’s Bench.
44(5)A certificate filed under subsection (4) has the same force and effect as if it were a judgment of the Court of Queen’s Bench for the recovery of a debt in the amount specified in the certificate together with the costs of filing.
44(6)The Rules of Court with respect to costs and the taxation of costs do not apply to costs referred to in this section.
Payment of hearing and investigation costs
44(1)After holding a hearing, the Tribunal may order a person whose affairs were the subject of the hearing to pay the fees and expenses set out in the rules of the Commission for the costs of any investigation and the costs related to the hearing that were incurred by or on behalf of the Commission if the Tribunal
(a) is satisfied that the person has not complied with, or is not complying with, financial and consumer services legislation, or
(b) is of the opinion that the person has not acted in the public interest when a duty to act in the public interest is imposed on the person by financial and consumer services legislation.
44(2)On application by the Commission and after holding a hearing, the Tribunal may order a person who has been convicted of an offence under financial and consumer services legislation to pay the fees and expenses set out in the rules of the Commission for the costs of an investigation in respect of the offence that were incurred by or on behalf of the Commission.
44(3)For the purposes of subsection (1) and (2), the costs related to an investigation or a hearing that are incurred by or on behalf of the Commission include the following:
(a) costs incurred in respect of services provided by an expert, an investigator or other consultant;
(b) costs for time spent by the Commission or the staff of the Commission;
(c) fees paid to a witness;
(d) costs of legal services provided to the Commission; and
(e) any costs of matters preliminary to the hearing.
44(4)The Tribunal may prepare a certificate certifying the amount of the costs that the person is required to pay under subsection (1) or (2), and the Commission may file the certificate with a clerk of the Court of Queen’s Bench.
44(5)A certificate filed under subsection (4) has the same force and effect as if it were a judgment of the Court of Queen’s Bench for the recovery of a debt in the amount specified in the certificate together with the costs of filing.
44(6)The Rules of Court with respect to costs and the taxation of costs do not apply to costs referred to in this section.