British Columbia Bill 70 (Government) — 4th Parliament, 37th Session — Previous Version 1
4-37 Gov Bill 70-1
British Columbia — Bills
Copyright (
c) Queen's Printer,
Victoria, British Columbia, Canada
License
Disclaimer
2003 Legislative Session: 4th Session, 37th Parliament
FIRST READING
The following electronic version is for informational
purposes only.
The printed version remains the official version.
HONOURABLE RICH COLEMAN
MINISTER OF PUBLIC SAFETY
AND
SOLICITOR GENERAL
BILL 70 – 2003
COMMERCIAL APPEALS COMMISSION REPEAL ACT
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 The Commercial Appeals Commission Act, R.S.B.C. 1996, c. 54,
is repealed.
Consequential Amendments
Business Corporations Act
Section 1 (1) of the Business Corporations Act, S.B.C. 2002,
c. 57, is amended by repealing the definition of "Appeals Commission" .
Section 406 is repealed and the following substituted:
Appeal to court
(1) In this section, "decision" means
a direction, decision, order, ruling or refusal of the registrar.
(2) Subject to subsection (3), a person affected by a decision may appeal the decision to the Supreme Court.
(3) No appeal lies under this
section in respect of an order of the registrar under
section 29 (5).
(4) The registrar is a party to an appeal of a decision to the Supreme Court.
(5) An appeal under subsection (2) is an appeal on the record.
(6) For the purposes of subsection (5), the record consists of the following:
(
a) the record of oral evidence, if any, before the registrar;
(
b) copies or originals of documentary evidence before the registrar;
(
c) other things received as evidence by the registrar;
(
d) the decision;
(
e) the written reasons for the decision, if any.
(7) An appeal under subsection (2) must be commenced not more than 30 days after the earlier of the following:
(
a) the furnishing to the appellant of a notice of the decision to be appealed;
(
b) actual notice to the appellant of the decision to be appealed.
Cemetery and Funeral Services Act
4 Sections 10 and 73 of the Cemetery and Funeral Services Act,
R.S.B.C. 1996, c. 45, are repealed.
Community Care Facility Act
Section 15 (6) of the Community Care Facility Act, R.S.B.C.
1996, c. 60, is amended by striking out "Sections 1, 3 (1) (
b) and (
c) and (2) to (4), 4, 5, 7, 8, 19 and 21 of the Commercial Appeals Commission
Act " and substituting "Despite the repeal of the Commercial
Appeals Commission Act , sections 1, 3 (1) (
b) and (
c) and (2) to (4), 4,
5, 7, 8, 19 and 21 of that Act" .
Section 2 of the Supplement to the Community Care Facility Act
is repealed and the following substituted:
Section 15 (6) is amended by striking out
"sections 1, 3 (1) (
b) and (
c) and (2) to (4), 4, 5, 7, 8, 19 and 21"
and substituting "sections 1, 3 (1) (
b) and (
c) and (2) to (4), 4 to
11, 13 to 19 and 21" .
Company Act, R.S.B.C. 1996, c. 62
Section 1 (1) of the Company Act, R.S.B.C. 1996, c. 62, is amended
by repealing the definition of "commission" .
Section 36 (8) is repealed.
Section 114 (1) (
f) is repealed and the following substituted:
(
f) in the case of a reporting company, a person whose registration in any capacity has been cancelled under
(
i) the Securities Act by either the British Columbia Securities Commission or the executive director, or
(ii) the Mortgage Brokers Act by the Commercial Appeals Commission, the Financial Services Tribunal or the registrar under that Act,
unless the person or body that cancelled the registration otherwise orders at the time of cancellation, or unless 5 years have elapsed since the cancellation of the registration.
Section 302 (2) is repealed.
Section 332 is repealed and the following substituted:
Appeals to court
(1) In this section:
"decision" means a direction, decision, order or ruling of a decision maker, or a refusal by a decision maker;
"decision maker" , in relation to a decision in respect of which an appeal is being made, means
(
a) if the decision was made by the registrar, the registrar, or
(
b) if the decision was made by the executive director, the executive director.
(2) A person affected by a decision under this Act may appeal it to the court.
(3) A decision maker is a party to an appeal of a decision of the decision maker to the court.
(4) An appeal under subsection (2) is an appeal on the record.
(5) For the purposes of subsection (4), the record consists of the following:
(
a) the record of oral evidence, if any, before the decision maker;
(
b) copies or originals of documentary evidence before the decision maker;
(
c) other things received as evidence by the decision maker;
(
d) the decision;
(
e) the written reasons for the decision, if any.
(6) An appeal under subsection (2) must be commenced not more than 30 days after the earlier of the following:
(
a) the mailing to the appellant, at the appellant's most recent address known to the decision maker, of a notice of the decision to be appealed;
(
b) actual notice to the appellant of the decision to be appealed.
Section 337 (2) is repealed.
Company Act, S.B.C. 1999, c. 27
Section 1 (1) of the Company Act, S.B.C. 1999, c. 27, is amended
by repealing the definition of "Appeals Commission" .
Section 402 is repealed and the following substituted:
Appeals to court
(1) In this section, "decision" means
a direction, decision, order or ruling by the registrar under this Act, including
a refusal of the registrar to receive or file any record.
(2) Subject to subsection (3), a person affected by a decision under this Act may appeal it to the Supreme Court.
(3) No appeal lies under this
section in respect of an order of the registrar under
section 29 (5).
(4) The registrar is a party to an appeal of a decision to the Supreme Court.
(5) An appeal under subsection (2) is an appeal on the record.
(6) For the purposes of subsection (5), the record consists of the following:
(
a) the record of oral evidence, if any, before the registrar;
(
b) copies or originals of documentary evidence before the registrar;
(
c) other things received as evidence by the registrar;
(
d) the registrar's decision;
(
e) the written reasons for the decision, if any.
(7) An appeal under subsection (2) must be commenced not more than 30 days after the earlier of the following:
(
a) the mailing to the appellant, at the appellant's most recent address known to the decision maker, of a notice of the decision to be appealed;
(
b) actual notice to the appellant of the decision to be appealed.
Consumer Protection Act
Section 21.6 of the Consumer Protection Act, R.S.B.C. 1996,
c. 69, is amended by repealing subsections (4) and (5).
Cooperative Association Act
Section 207 of the Cooperative Association Act, S.B.C. 1999,
c. 28, is repealed and the following substituted:
Appeal from the registrar's decisions
(1) In this section, "decision" means
a direction, decision, order or ruling by the registrar under this Act.
(2) A person affected by a decision under this Act may appeal it to the court.
(3) The registrar is a party to an appeal of a decision to the court.
(4) An appeal under subsection (2) is an appeal on the record.
(5) For the purposes of subsection (4), the record consists of the following:
(
a) the record of oral evidence, if any, before the registrar;
(
b) copies or originals of documentary evidence before the registrar;
(
c) other things received as evidence by the registrar;
(
d) the registrar's direction, decision, order or ruling;
(
e) the written reasons for the decision, if any.
(6) An appeal under subsection (2) must be commenced not more than 30 days after the earlier of the following:
(
a) the mailing to the appellant, at the appellant's most recent address known to the registrar, of a notice of the decision to be appealed;
(
b) actual notice to the appellant of the decision to be appealed.
Credit Reporting Act
Section 8 of the Credit Reporting Act, R.S.B.C. 1996, c. 81,
is repealed.
Credit Union Incorporation Act
Section 1 (1) of the Credit Union Incorporation Act, R.S.B.C.
1996, c. 82, is amended by adding the following definition:
"tribunal" means the Financial Services Tribunal
under the Financial Institutions Act ; .
Section 98 is repealed and the following substituted:
Appeal
(1) A person directly affected by
(
a) an order of the superintendent under
section 76 (9) (
a) or (b),
(
b) a consent referred to in
section 93 (2) (
c) that is given subject to conditions, or
(
c) a refusal of the superintendent to give a consent referred to in
section 93 (2) (
c) may appeal the order, the conditional consent or the refusal of consent to the tribunal, and, unless otherwise provided for in this Act, sections 242.2 and 242.3 of the Financial Institutions Act apply.
(2) Despite
section 242.2 (2) of the Financial Institutions
Act , an appeal under subsection (1) of this
section operates as a
stay unless an order is made under
section 242.2 (10) (
a) of the Financial
Institutions Act .
(3) A person directly affected by
(
a) a consent, referred to in
section 93 (2) (b), that is given subject to conditions, or
(
b) a refusal of the commission to give a consent referred to in
section 93 (2) (
b) may appeal the conditional consent or the refusal to the Supreme Court and, unless otherwise provided for in this Act,
section 242.4 (2) to (5) of the Financial Institution Act applies.
Debt Collection Act
Section 7 of the Debt Collection Act, R.S.B.C. 1996, c. 92,
is repealed.
Finance and Corporate Relations Statutes Amendment Act, 1998
Section 20 of the Finance and Corporate Relations Statutes
Amendment Act, 1998, S.B.C. 1998, c. 7, as it enacts
section 29.5 (3) (
b) of
the Real Estate Act, R.S.B.C. 1996, c. 397, is amended by adding "or
the tribunal" after "the Commercial Appeals Commission" .
Section 23 is repealed.
Financial Institutions Act
Section 1 (1) of the Financial Institutions Act, R.S.B.C. 1996,
c. 141, is amended by adding the following definition:
"tribunal" means the Financial Services Tribunal
established under
section 242.1; .
Section 227 (b) (iii) is amended by adding "and the
tribunal" after "Commercial Appeals Commission" .
Section 237 (1) is amended by striking out "This
section
applies to hearings under this Act" and substituting "This
section
applies to hearings by the commission, superintendent or council under this
Act" .
Section 238 is repealed and the following substituted:
Summary procedure – superintendent or council
(1) If the superintendent or council, depending
on which of them has the power to make the order,
(
a) intends to make an order under
section 48 (2), 93 (1) or (2), 99 (2), 145 (1), 231 (1) (g), (h), (
i) or (j), 244 (2) or 245 (1), and
(
b) considers that the length of time that would be required to hold a hearing would be detrimental to the due administration of this Act,
then, despite
section 237, the superintendent or council, as applicable, may make the intended order without giving a person directly affected by it an opportunity to be heard, but the superintendent or council, as soon as practicable after making the order, must deliver to that person
(
c) a copy of the order and written reasons for it, and
(
d) written notice of the person's rights under subsection (2).
(2) A person directly affected by an order made under subsection (1) may, within 14 days of receiving a copy of the order,
(
a) require a hearing before the superintendent or council, as applicable, by delivering written notice to the superintendent or council, or
(
b) appeal the order to the tribunal.
(3) Within a reasonable time after receiving written notice referred to in subsection (2) (a), the superintendent or council, as applicable, must hold the required hearing and following the hearing must confirm, revoke or vary the order.
27 The following
section is added:
Summary procedure – commission
238.1
(1) If the commission
(
a) intends to make an order under
section 275 or 277 (
d) to (f), and
(
b) considers that the length of time that would be required to hold a hearing would be detrimental to the due administration of this Act,
then, despite
section 237, the commission may make the intended order without giving a person directly affected by it an opportunity to be heard, but the commission, as soon as practicable after making the order, must deliver to that person
(
c) a copy of the order and written reasons for it, and
(
d) written notice of the person's rights under subsection (2).
(2) The person directly affected by an order made under subsection (1) may, within 14 days of receiving a copy of the order,
(
a) require a hearing before the commission by delivering written notice to the commission, or
(
b) appeal the order to the Supreme Court, and, for this purpose,
section 242.4 (2) to (4) applies.
(3) Within a reasonable time after receiving written notice referred to in subsection (2) (a), the commission must hold the required hearing and following the hearing must confirm, revoke or vary the order.
Section 242 is amended
(
a) by repealing subsection (1) and substituting the following:
(1) A person directly affected by any of the following decisions of the superintendent or council may appeal the decision to the tribunal:
(
a) an order under
section 48 (2), 68 (4), 93 (1) or (2), 99 (2), 109 (2), 125 (1), 137, 143, 145, 193, 197, 231 (1), 233, 244 (2), 245 (1) or 247 (2) or (4);
(
b) a consent referred to in
section 235 (2) (
c) given subject to conditions;
(
c) the imposition or variation of conditions on a previously given consent referred to in
section 235 (2) (c);
(
d) a refusal to give a consent referred to in
section 235 (2) (c);
(
e) the issuance subject to conditions of a licence under Division 2 of
Part 6;
(
f) the imposition or variation of a condition on a previously issued licence under Division 2 of
Part 6;
(
g) a refusal to issue a licence under Division 2 of
Part 6. ,
(
b) in subsection (2) by striking out "Commercial Appeals Commission"
and substituting "tribunal" ,
(
c) in subsection (3) (
a) and (
b) by striking out "Commercial
Appeals Commission" and substituting "tribunal" , and
(
d) by repealing subsection (4).
29 The following sections are added:
Financial Services Tribunal
242.1
(1) The Financial Services Tribunal is established
consisting of
(
a) the chair and vice chair of the commission, and
(
b) other members appointed by the Lieutenant Governor in Council after a merit based process and consultation with the chair.
(2) The chair and vice chair of the commission are the chair and vice chair, respectively, of the tribunal.
(3) The Lieutenant Governor in Council may terminate the appointment of a member for cause.
(4) Sections 1, 3 to 7, 9 and 10 of the Administrative Tribunals Appointment and Administration Act apply to the tribunal.
(5) The chair
(
a) is the chief executive officer of the tribunal,
(
b) may hire and supervise staff required for the exercise
of the powers and the performance of the duties of the tribunal, provided the
staff are hired under the Public Service Act ,
(
c) may, subject to this Act and the regulations, establish forms and rules of practice and procedure, and
(
d) must prepare and deliver to the minister an annual report describing the number of appeals heard by the tribunal, the issues under consideration, the disposition of those issues, and any other matter the minister may direct.
(6) Section 243 applies to the tribunal, members of the tribunal, and a person subject to a direction of the tribunal.
Practice and procedure
242.2
(1) A person may commence an appeal to the
tribunal by
(
a) filing a notice of appeal with the chair within 30 days of receiving notification of the decision to be appealed, and
(
b) forwarding the prescribed fee to the chair.
(2) Subject to subsection (10) (a), a decision referred to in subsection (1) is not stayed by the filing of an appeal.
(3) On receipt of the notice of appeal and prescribed fee under subsection (1), the chair must assign one member of the tribunal who is not the chair or the vice chair to consider the appeal.
(4) At any time, the chair may do any of the following:
(
a) extend or abridge any time limit contained in this section;
(
b) refer a matter that is before a member to another member;
(
c) consolidate one or more appeals if, in the opinion of the chair, the appeals will deal with substantially similar facts or issues;
(
d) dismiss the appeal with the consent of both parties.
(5) Subject to subsection (8), an appeal is an appeal on the record, and must be based on written submissions.
(6) For the purposes of subsection (5), the record consists of the following:
(
a) the record of oral evidence, if any, before the original decision maker;
(
b) copies or originals of documentary evidence before the original decision maker;
(
c) other things received as evidence by the original decision maker;
(
d) the decision and written reasons for it, if any, given by the original decision maker.
(7) The original decision maker must forward the record described in subsection (6) to the chair within 14 days of receiving the chair's request for it.
(8) On application by a party, the member considering the appeal may do the following:
(
a) permit oral submissions;
(
b) permit the introduction of evidence, oral or otherwise, if satisfied that new evidence has become available or been discovered that
(
i) is substantial and material to the decision, and
(ii) did not exist at the time the original decision was made, or, did exist at that time but was not discovered and could not through the exercise of reasonable diligence have been discovered.
(9) If oral submissions or new evidence are permitted under subsection (8), the member considering the appeal may
(
a) require the parties to participate in any proceeding that might assist in clarifying or narrowing the facts or issues, or otherwise facilitating the appeal,
(
b) make any order in respect of matters arising from a proceeding held under paragraph (a),
(
c) subject to this Act, the regulations and any rules set by the chair under
section 242.1 (5) (c), determine the manner in which a proceeding held under paragraph (
a) or an appeal is conducted,
(
d) require a witness, by summons, to attend and to give evidence on oath, at the cost of the party requesting the witness, and
(
e) proceed with a proceeding held under paragraph (
a) or an appeal in the absence of the appellant, if the appellant has been given at least 10 days notice of the proceeding or the appeal, as applicable.
(10) In respect of an appeal,
(
a) on application, the member hearing the appeal may
(
i) stay the decision under appeal for any length of time, with or without conditions, or
(ii) lift a stay of a decision under appeal for any length of time, with or without conditions,
(
b) the member hearing the appeal may require the parties to disclose documents or information relevant to the matter under appeal,
(
c) the member hearing the appeal may permit a person who is not a party to the appeal to provide submissions in respect of the appeal if, in the opinion of the member, the submissions would substantially assist in the determination of the appeal,
(
d) the member may consider any evidence, whether or not it is admissible in a court of law,
(e)
section 34 (5) of the Evidence Act does not apply,
(
f) the member hearing the appeal may dismiss the appeal at any time if
(
i) the member gives the appellant written notice requiring the appellant to diligently pursue their appeal, and the appellant fails to do so within the time specified in the notice, or
(ii) the notice of appeal discloses no reasonable ground of appeal, or the appeal is frivolous or vexatious, and
(
g) the original decision maker is a party to an appeal of a decision of the original decision maker to the tribunal.
(11) The member hearing the appeal may confirm, reverse or vary a decision under appeal, or may send the matter back for reconsideration, with or without directions, to the person or body whose decision is under appeal.
(12) For a decision under subsection (11), the member hearing the appeal must provide written reasons, and forward those reasons to the chair for distribution to the parties.
(13) The chair may file in the Supreme Court an order of the chair or of a member hearing an appeal under this
section and, once filed, the order is enforceable as if it were an order of the Supreme Court.
Judicial review
242.3
(1) In respect of this Act or any other
Act that confers jurisdiction on the tribunal, the tribunal has exclusive jurisdiction
(
a) inquire into, hear and determine all those matters and questions of fact and law arising or requiring determination, and
(
b) make any order permitted to be made.
(2) A decision of the tribunal on a matter in respect of which the tribunal has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.
Appeal from a decision of the commission
242.4
(1) A person directly affected by any of
the following decisions of the commission may appeal the decision to the Supreme
Court:
(
a) an order under
section 275 or 277 (
d) to (g);
(
b) a consent referred to in
section 235 (2) (
b) given subject to conditions;
(
c) the imposition or variation of conditions on a previously given consent referred to in
section 235 (2) (b);
(
d) a refusal to give a consent referred to in
section 235 (2) (b);
(
e) the issuance, subject to conditions, of
(
i) a business authorization, or
(ii) a permit under
section 187 (1);
(
f) the imposition or variation of a condition on a previously issued
(
i) business authorization, or
(ii) permit under
section 187 (1);
(
g) a refusal to issue
(
i) a business authorization, or
(ii) a permit under
section 187 (1).
(2) The commission is a party to an appeal of a decision of the commission to the Supreme Court.
(3) An appeal under subsection (1) is an appeal on the record.
(4) For the purposes of subsection (3), the record consists of the following:
(
a) the record of oral evidence, if any, before the commission;
(
b) copies or originals of documentary evidence before the commission;
(
c) other things received as evidence by the commission;
(
d) the commission's decision;
(
e) the written reasons for the decision, if any.
(5) An appeal under subsection (1) must be commenced not more than 30 days after the earlier of the following:
(
a) the mailing to the appellant, at the appellant's most recent address known to the commission of a notice of the decision to be appealed;
(
b) actual notice to the appellant of the decision to be appealed.
Section 249 (1) (
a) is amended by striking out "or
the Commercial Appeals Commission," and substituting "the Commercial
Appeals Commission or the tribunal," .
Section 289 (3) is amended by striking out "and"
at the end of paragraph (
t) and by adding the following paragraphs:
(
v) prescribing the practices and procedures, including the fees for filing an appeal, respecting the tribunal, and
(
w) prescribing time limits respecting when the tribunal must commence and complete an appeal or processes related to the appeal, including
summary procedures.
Freedom of Information and Protection of Privacy Act
Schedule 2 of the Freedom of Information and Protection of
Privacy Act, R.S.B.C. 1996, c. 165, is amended
(
a) by striking out the following:
Public Body:
Commercial Appeals Commission
Head:
Chair , and
(
b) by adding the following:
Public Body:
Financial Services Tribunal
Head:
Chair .
Homeowner Protection Act
Section 16 of the Homeowner Protection Act, S.B.C. 1998, c.
31, is repealed and the following substituted:
Procedure for refusing, suspending or cancelling the licence of a residential builder
16 If the registrar refuses to issue a licence
to, or renew the licence of, a residential builder, or suspends, cancels or
imposes restrictions on the licence of a residential builder, the registrar
must serve notice of the decision, together with written reasons, on the residential
builder.
Homeowner Protection Amendment Act, 2001
Section 11 of the Homeowner Protection Amendment Act, 2001,
S.B.C. 2001, c. 14, is repealed and the following substituted:
Section 16 is repealed and the following substituted:
Procedure for refusing, suspending or cancelling the
licence of a residential builder
16 If the registrar refuses to issue a licence to, or renew the
licence of, a person, or suspends, cancels or imposes restrictions on the
licence of a person, the registrar must serve notice of the decision, together
with written reasons, on the person.
Land Act
Section 63 (3) of the Land Act, R.S.B.C. 1996, c. 245, is repealed
and the following substituted:
(3) A person appointed under subsection (2) has the same power that the Supreme Court has for the trial of civil actions
(
a) to summon and enforce the attendance of witnesses,
(
b) to compel witnesses to give evidence on oath or in any other manner, and
(
c) to compel witnesses to produce records and things.
(3.1) When a person appointed under subsection (2) exercises a power under subsection (3), a person who fails or refuses to do any of the following is liable, on application to the Supreme Court, to be committed for contempt as if in breach of an order or judgment of the Supreme Court:
(
a) to attend;
(
b) to take an oath;
(
c) to answer questions;
(
d) to produce the records or things in the person's custody or possession.
(3.2) Section 34 (5) of the Evidence Act does not apply to a hearing under this section.
Mortgage Brokers Act
Section 1 (1) of the Mortgage Brokers Act, R.S.B.C. 1996, c.
313, is amended
(
a) by repealing the definition of "commission" , and
(
b) by adding the following definition:
"tribunal" means the Financial Services Tribunal
under the Financial Institutions Act .
Section 8 is amended
(
a) in subsection (3) by striking out "commission." and
substituting "tribunal." , and
(
b) by repealing subsection (4).
Section 9 is repealed and the following substituted:
Appeal to tribunal
(1) A person affected by a direction, decision
or order of the registrar under this Act may appeal it to the tribunal, and,
unless otherwise provided for in this Act, sections 242.2 and 242.3 of the Financial
Institutions Act apply.
(2) Despite
section 242.2 (2) of the Financial Institutions
Act , an appeal under subsection (1) of this
section operates as a stay unless
an order is made under
section 242.2 (10) (
a) of the Financial Institutions
Act .
(3) In respect of an appeal taken from a suspension of registration made under
section 8 (2), the following provisions do not apply:
(a) subsection (2) of this section;
(
b) section 242.2 (10) (
a) of the Financial Institutions
Act .
Section 10 is amended by striking out "commission"
and substituting "tribunal" .
Motor Dealer Act
Section 8 of the Motor Dealer Act, R.S.B.C. 1996, c. 316, is
repealed.
Pension Benefits Standards Act
Section 1 (1) of the Pension Benefits Standards Act, R.S.B.C.
1996, c. 352, is amended by adding the following definition:
"tribunal" means the Financial Services Tribunal
under the Financial Institutions Act ; .
Section 21 is amended
(
a) by repealing subsections (1) and (3) and substituting the following:
(1) An administrator may appeal a decision of the superintendent under
section 20 (4) to the tribunal, and, unless otherwise provided for in this Act, sections 242.2 and 242.3 of the Financial Institutions Act apply.
(1.1) Despite
section 242.2 (2) of the Financial Institutions
Act , an appeal under subsection (1) of this
section operates as a
stay unless an order is made under
section 242.2 (10) (
a) of the Financial
Institutions Act . ,
(
b) in subsection (4) (b) (
i) by striking out "Commercial Appeals
Commission" and substituting "tribunal" , and
(
c) by adding the following subsection:
(5) On an appeal referred to in subsection (1), the tribunal may make an order requiring the superintendent to register the plan or amendment, or rescind the cancellation of the registration of the plan, or make any other order the tribunal considers appropriate.
Section 66 is amended by striking out "21 (2) or (3),"
and substituting "21 (2)," .
Public Sector Employers Act
44 The
Schedule to the Public Sector Employers Act, R.S.B.C. 1996,
c. 384, is amended by striking out "Commercial Appeals Commission" .
Real Estate Act
Section 1 of the Real Estate Act, R.S.B.C. 1996, c. 397, is
amended by adding the following definition:
"tribunal" means the Financial Services Tribunal
under the Financial Institutions Act .
Section 14 (1), (2) (
a) and (
b) and (3) is amended by striking
out "Commercial Appeals Commission" and substituting "tribunal" .
Section 31 is amended
(
a) by repealing subsection (11) and substituting the following:
(11) The superintendent has the same power that the Supreme Court has for the trial of civil actions
(
a) to summon and enforce the attendance of witnesses,
(
b) to compel witnesses to give evidence on oath or in any other manner, and
(
c) to compel witnesses to produce records and things.
(11.1) When the superintendent exercises a power under subsection (11), a person who fails or refuses to do any of the following is liable, on application to the Supreme Court, to be committed for contempt as if in breach of an order or judgment of the Supreme Court:
(
a) to attend;
(
b) to take an oath;
(
c) to answer questions;
(
d) to produce the records or things in the person's
custody or possession. ,
(
b) in subsection (13) (
b) by striking out "Commercial Appeals
Commission." and substituting "tribunal." ,
(
c) by repealing subsection (14), and
(
d) in subsection (15) by striking out "Commercial Appeals Commission"
and substituting "tribunal" .
Section 79 is repealed and the following substituted:
Appeal to tribunal
(1) A person affected by a decision or order
of the superintendent under this Act may appeal it to the tribunal, and, unless
otherwise provided for in this Act, sections 242.2 and 242.3 of the Financial
Institutions Act apply.
(2) Despite
section 242.2 (2) of the Financial Institutions
Act , an appeal under subsection (1) of this
section operates as a
stay unless an order is made under
section 242.2 (10) (
a) of the Financial
Institutions Act .
(3) In respect of an appeal taken from a decision or order of the superintendent made under
section 30, 31 (10), (16) or (17) or 74, the following provisions do not apply:
(a) subsection (2) of this section;
(
b) section 242.2 (10) (
a) of the Financial Institutions
Act .
Society Act
Section 1 of the Society Act, R.S.B.C. 1996, c. 433, is amended
by repealing the definition of "commission" .
Section 96 is repealed and the following substituted:
Appeals
(1) In this section, "decision" means
a decision, refusal or order by the registrar under this Act.
(2) Subject to subsection (3), a person affected by a decision under this Act may appeal it to the court.
(3) No appeal lies under this
section in respect of a decision of the registrar under
section 88 (2) or (3).
(4) The registrar is a party to an appeal of a decision to the court.
(5) An appeal under subsection (2) is an appeal on the record.
(6) For the purposes of subsection (5), the record consists of the following:
(
a) the record of oral evidence, if any, before the registrar;
(
b) copies or originals of documentary evidence before the registrar;
(
c) other things received as evidence by the registrar;
(
d) the registrar's decision, refusal or order;
(
e) the written reasons for the decision, if any.
(7) An appeal under subsection (2) must be commenced not more than 30 days after the earlier of the following:
(
a) the mailing to the appellant, at the appellant's most recent address known to the registrar, of a notice of the decision to be appealed;
(
b) actual notice to the appellant of the decision to be appealed.
Trade Practice Act
Section 17.1 of the Trade Practice Act, R.S.B.C. 1996, c. 457,
is amended
(
a) by repealing subsections (2), (5), (7) and (8), and
(
b) by repealing subsection (6) and substituting the following:
(6) An order under this
section remains in effect until the director
(
a) notifies the supplier that the order no longer has effect, or
(
b) accepts from the supplier a written undertaking or assurance in accordance with
section 17.
Travel Agents Act
Section 6 of the Travel Agents Act, R.S.B.C. 1996, c. 459,
is repealed.
Transitional Provisions
Transitional – Commercial Appeals Commission Act
53 The Commercial Appeals Commission is dissolved
and the appointments of the chair and the other members of the commission are
terminated.
Transitional – Cemetery and Funeral Services Act
54 Despite sections 1 and 4 of this Act, the Commercial
Appeals Commission Act and sections 10 and 73 of the Cemetery and Funeral
Services Act , as they read before the coming into force of sections
1 and 4 of this Act, continue to apply to any decision referred to in either
of sections 10 and 73 of the Cemetery and Funeral Services Act if, in
respect of that decision, a notice of appeal was received by the Commercial
Appeals Commission, in accordance with
section 8 of the Commercial Appeals
Commission Act , before the coming into force of
section 4 of this Act.
Transitional – Company Act
55 Despite sections 1, 7, 8 and 10 to 12 of this
Act, the Commercial Appeals Commission Act and sections 36 (8), 302 (2),
332 and 337 (2) of the Company Act , R.S.B.C. 1996, c. 62, as they
read before the coming into force of sections 1, 7, 8 and 10 to 12 of this Act,
continue to apply to any direction, decision, order, ruling or refusal referred
to in any of sections 36 (8), 302 (2), 332 and 378 (2) of the Company Act
if, in respect of that direction, decision, order, ruling or refusal, a notice
of appeal was received by the Commercial Appeals Commission, in accordance with
section 8 of the Commercial Appeals Commission Act , before the
coming into force of sections 7, 8 and 10 to 12 of this Act.
Transitional – Consumer Protection Act
56 Despite sections 1 and 15 of this Act, the
Commercial Appeals Commission Act and
section 21.6 (4) and (5) of the
Consumer Protection Act , as they read before the coming into force
of sections 1 and 15 of this Act, continue to apply to any decision referred
to in
section 21.6 (4) and (5) of the Consumer Protection Act if, in
respect of that decision, a notice of appeal was received by the Commercial
Appeals Commission, in accordance with
section 8 of the Commercial Appeals
Commission Act , before the coming into force of
section 15 of this
Act.
Transitional – Cooperative Association Act
57 Despite sections 1 and 16 of this Act, the
Commercial Appeals Commission Act and
section 207 of the Cooperative
Association Act , as they read before the coming into force of sections
1 and 16 of this Act, continue to apply to any direction, decision, order or
ruling referred to in
section 207 of the Cooperative Association Act
if, in respect of that direction, decision, order or ruling, a notice of appeal
was received by the Commercial Appeals Commission, in accordance with
section
8 of the Commercial Appeals Commission Act , before the coming
into force of
section 16 of this Act.
Transitional – Credit Reporting Act
58 Despite sections 1 and 17 of this Act, the
Commercial Appeals Commission Act and
section 8 of the Credit Reporting
Act , as they read before the coming into force of sections 1 and
17 of this Act, continue to apply to any direction, decision, order or ruling
referred to in
section 8 of the Credit Reporting Act if, in respect of
that direction, decision, order or ruling, a notice of appeal was received by
the Commercial Appeals Commission, in accordance with
section 8 of the Commercial
Appeals Commission Act , before the coming into force of
section 17
of this Act.
Transitional – Credit Union Incorporation Act
59 Despite sections 1, 18 and 19 of this Act,
the Commercial Appeals Commission Act and
section 98 of the Credit
Union Incorporation Act , as they read before the coming into force of sections
1, 18 and 19 of this Act, continue to apply to any order, conditional consent
or refusal referred to in
section 98 of the Credit Union Incorporation Act
if, in respect of that order, conditional consent or refusal, a notice of appeal
was received by the Commercial Appeals Commission, in accordance with
section
8 of the Commercial Appeals Commission Act , before the coming
into force of sections 18 and 19 of this Act.
Transitional – Debt Collection Act
60 Despite sections 1 and 20 of this Act, the
Commercial Appeals Commission Act and
section 7 of the Debt Collection
Act , as they read before the coming into force of sections 1 and
20 of this Act, continue to apply to any refusal, suspension or cancellation
referred to in
section 7 of the Debt Collection Act if, in respect of
that refusal, suspension or cancellation, a notice of appeal was received by
the Commercial Appeals Commission, in accordance with
section 8 of the Commercial
Appeals Commission Act , before the coming into force of
section 20
of this Act.
Transitional – Financial Institutions Act
61 Despite sections 1, 23 and 26 to 29 of this
Act, the Commercial Appeals Commission Act and sections 238 (2) (
b) and
(4) and 242 of the Financial Institutions Act , as they read before
the coming into force of sections 1, 23 and 26 to 29 of this Act, continue to
apply to any order or decision referred to in either of sections 238 (2) (
b) and (4) and 242 of the Financial Institutions Act if, in respect of that
order or decision, a notice of appeal was received by the Commercial Appeals
Commission, in accordance with
section 8 of the Commercial Appeals Commission
Act , before the coming into force of sections 23 and 26 to 29 of this Act.
Transitional – Homeowner Protection Act
62 Despite sections 1 and 33 of this Act, the
Commercial Appeals Commission Act and
section 16 of the Homeowner
Protection Act , as they read before the coming into force of sections
1 and 33 of this Act, continue to apply to any decision referred to in
section
16 of the Homeowner Protection Act if, in respect of that decision, a
notice of appeal was received by the Commercial Appeals Commission, in accordance
with
section 8 of the Commercial Appeals Commission Act , before the coming
into force of
section 33 of this Act.
Transitional – Mortgage Brokers Act
63 Despite sections 1 and 36 to 39 of this Act,
the Commercial Appeals Commission Act and sections 1 and 8 to 10 of the
Mortgage Brokers Act , as they read before the coming into force of sections
1 and 36 to 39 of this Act, continue to apply to any direction, decision or
order referred to in sections 8 and 9 of the Mortgage Brokers Act if,
in respect of that direction, decision or order, a notice of appeal was received
by the Commercial Appeals Commission, in accordance with
section 8 of the Commercial
Appeals Commission Act , before the coming into force of sections
36 to 39 of this Act.
Transitional – Motor Dealer Act
64 Despite sections 1 and 40 of this Act, the
Commercial Appeals Commission Act and
section 8 of the Motor Dealer
Act , as they read before the coming into force of sections 1 and 40 of this
Act, continue to apply to any direction, decision, order or ruling referred
to in
section 8 of the Motor Dealer Act if, in respect of that direction,
decision, order or ruling, a notice of appeal was received by the Commercial
Appeals Commission, in accordance with
section 8 of the Commercial Appeals
Commission Act , before the coming into force of
section 40 of this Act.
Transitional – Pension Benefits Standards Act
65 Despite sections 1, 41 and 42 of this Act,
the Commercial Appeals Commission Act and
section 21 of the Pension
Benefits Standards Act , as they read before the coming into force
of sections 1, 41 and 42 of this Act, continue to apply to any decision referred
to in
section 21 of the Pension Benefits Standards Act if, in respect
of that decision, a notice of appeal was received by the Commercial Appeals
Commission, in accordance with
section 8 of the Commercial Appeals Commission
Act , before the coming into force of sections 41 and 42 of this Act.
Transitional – Real Estate Act
66 Despite sections 1 and 45 to 48 of this Act,
the Commercial Appeals Commission Act and sections 1, 14, 31 (11) and
(13) to (15) and 79 of the Real Estate Act , as they read before
the coming into force of sections 1 and 45 to 48 of this Act, continue to apply
to any decision, suspension, cancellation, refusal or order referred to in any
of sections 14, 31 (11) and (13) to (15) and 79 of the Real Estate Act
if, in respect of that decision, suspension, cancellation, refusal or order,
a notice of appeal was received by the Commercial Appeals Commission, in accordance
with
section 8 of the Commercial Appeals Commission Act , before
the coming into force of sections 45 to 48 of this Act.
Transitional – Society Act
67 Despite sections 1, 49 and 50 of this Act,
the Commercial Appeals Commission Act and
section 96 of the Society
Act , as they read before the coming into force of sections 1, 49 and 50
of this Act, continue to apply to any decision, refusal or order referred to
section 96 of the Society Act if, in respect of that decision, refusal
or order, a notice of appeal was received by the Commercial Appeals Commission,
in accordance with
section 8 of the Commercial Appeals Commission Act ,
before the coming into force of sections 49 and 50 of this Act.
Transitional – Trade Practice Act
68 Despite sections 1 and 51 of this Act, the
Commercial Appeals Commission Act and
section 17.1 of the Trade Practice
Act , as they read before the coming into force of sections 1 and
51 of this Act, continue to apply to any decision referred to in
section 17.1
of the Trade Practice Act if, in respect of that decision, a notice of
appeal was received by the Commercial Appeals Commission, in accordance with
section 8 of the Commercial Appeals Commission Act , before the
coming into force of
section 51 of this Act.
Transitional – Travel Agents Act
69 Despite sections 1 and 52 of this Act, the
Commercial Appeals Commission Act and
section 6 of the Travel Agents
Act , as they read before the coming into force of sections 1 and
52 of this Act, continue to apply to any decision referred to in
section 6 of
the Travel Agents Act if, in respect of that decision, a notice of appeal
was received by the Commercial Appeals Commission, in accordance with
section
8 of the Commercial Appeals Commission Act , before the coming
into force of
section 52 of this Act.
Commencement
70 Sections 1, 5, 6, 18, 19, 21, 23 to 32, 36
to 39, 41 to 48, 53, 59, 61, 63, 65 and 66 come into force by regulation of
the Lieutenant Governor in Council.
Explanatory Notes
SECTION 1: [Commercial Appeals Commission Act, repeals the Act]
is self explanatory.
Business Corporations Act
SECTION 2: [Business Corporations Act, amends
section 1 (1)]
repeals a not in force definition.
SECTION 3: [Business Corporations Act, re-enacts
section 406]
sets out the practice relating to appeals.
Cemetery and Funeral Services Act
SECTION 4: [Cemetery and Funeral Services Act, repeals sections 10 and
73] removes the right to appeal a decision of the registrar to the Commercial
Appeals Commission.
Community Care Facility Act
SECTION 5: [Community Care Facility Act, amends
section 15 (6)]
provides that, despite the repeal of the Commercial Appeals Commission Act ,
selected sections of that Act remain in effect for the purposes of the Community
Care Facility Act .
SECTION 6: [Supplement to the Community Care Facility Act, re-enacts
section 2] is consequential to the amendment made to
section 15 (6)
of the Act by this Bill.
Company Act, R.S.B.C. 1996, c. 62
SECTION 7: [Company Act, amends
section 1 (1)] is consequential
to the repeal of the Commercial Appeals Commission Act .
SECTION 8: [Company Act, repeals
section 36 (8)] is consequential
to the re-enactment of
section 332 of the Act by this Bill.
SECTION 9: [Company Act, amends
section 114 (1)] adds a reference
to the tribunal's ability to cancel a person's registration under the Mortgage
Brokers Act .
SECTION 10: [Company Act, repeals
section 302 (2)] is consequential
to the re-enactment of
section 332 of the Act by this Bill.
SECTION 11: [Company Act, re-enacts
section 332] sets out the
practice relating to appeals under the Act.
SECTION 12: [Company Act, repeals
section 337 (2)] is consequential
to the re-enactment of
section 332 of the Act by this Bill.
Company Act, S.B.C. 1999, c. 27
SECTION 13: [Company Act, amends
section 1 (1)] repeals a not
in force definition.
SECTION 14: [Company Act, re-enacts
section 402] sets out the
practice relating to appeals.
Consumer Protection Act
SECTION 15: [Consumer Protection Act, amends
section 21.6] removes
the right to appeal to the Commercial Appeals Commission.
Cooperative Association Act
SECTION 16: [Cooperative Association Act, re-enacts
section 207]
sets out the practice relating to appeals under
section 207 of the Act.
Credit Reporting Act
SECTION 17: [Credit Reporting Act, repeals
section 8] removes
the right to appeal to the Commercial Appeals Commission.
Credit Union Incorporation Act
SECTION 18: [Credit Union Incorporation Act, amends
section 1 (1)]
adds a definition of "tribunal".
SECTION 19: [Credit Union Incorporation Act, re-enacts
section 98]
provides that appeals from decisions of the superintendent under that
section
of the Act should be made to the Financial Services Tribunal rather than to
the Commercial Appeals Commission, and appeals from the commission should be
made to the Supreme Court.
Debt Collection Act
SECTION 20: [Debt Collection Act, repeals
section 7] removes
the right to appeal to the Commercial Appeals Commission.
Finance and Corporate Relations Statutes Amendment Act, 1998
SECTION 21: [Finance and Corporate Relations Statutes Amendment Act,
1998, amends
section 20] adds a reference to the Financial Services
Tribunal to a not in force provision that permits persons to apply for special
compensation for financial loss once the time for appeal has lapsed.
SECTION 22: [Finance and Corporate Relations Statutes Amendment Act,
1998, repeals
section 23] repeals a not in force amendment to
section
79 of the Real Estate Act , which is repealed and replaced by
section
48 of this Bill.
Financial Institutions Act
SECTION 23: [Financial Institutions Act, amends
section 1 (1)] adds
a definition of "tribunal".
SECTION 24: [Financial Institutions Act, amends
section 227 (b) (iii)]
adds an obligation for the council to retain records of appeals heard by the
Financial Services Tribunal.
SECTION 25: [Financial Institutions Act, amends
section 237 (1)]
clarifies that this
section relates only to hearings before the commission,
superintendent or council.
SECTION 26: [Financial Institutions Act, re-enacts
section 238]
removes references to the commission from
summary procedures for the superintendent
and the council, because appeals from decisions of the commission will be made
to the court,
whereas appeals from decisions of the superintendent and the council
will be made to the Financial Services Tribunal.
SECTION 27: [Financial Institutions Act, enacts
section 238.1]
adds a
summary procedure for the commission.
SECTION 28: [Financial Institutions Act, amends
section 242]
sets out the practice relating to appeals from decisions of the superintendent
or the council.
SECTION 29: [Financial Institutions Act, enacts sections 242.1 to 242.4]
establishes the Financial Services Tribunal;
sets out practice and procedure before the tribunal;
restricts judicial review;
provides for appeals from decisions of the commission.
SECTION 30: [Financial Institutions Act, amends
section 249 (1) (a)]
adds a reference to the Financial Services Tribunal.
SECTION 31: [Financial Institutions Act, adds
section 289 (3) (
v) and
(w)] adds regulation making powers in respect of practice and procedure
and setting time limits for the Financial Services Tribunal.
Freedom of Information and Protection of Privacy Act
SECTION 32: [Freedom of Information and Protection of Privacy Act, amends
Schedule 2] removes a reference to the Commercial Appeals Commission
as a public body for the purposes of the Freedom of Information and Protection
of Privacy Act , and adds a reference to the Financial Services Tribunal.
Homeowner Protection Act
SECTION 33: [Homeowner Protection Act, re-enacts
section 16]
removes the right to appeal to the Commercial Appeals Commission.
Homeowner Protection Amendment Act, 2001
SECTION 34: [Homeowner Protection Amendment Act, 2001, re-enacts
section
11] re-enacts a not in force provision to reflect the changes made by
section 33 of this Bill.
Land Act
SECTION 35: [Land Act, amends
section 63] removes a reference
to the Commercial Appeals Commission Act and includes in the Land
Act the provision of the Commercial Appeals Commission Act that was
removed.
Mortgage Brokers Act
SECTION 36: [Mortgage Brokers Act, amends
section 1 (1)] repeals
the definition of "commission" and adds a definition of "tribunal".
SECTION 37: [Mortgage Brokers Act, amends
section 8] removes
a reference to the commission and replaces it with a reference to the tribunal,
and removes the direction that an appeal does not operate as a stay now found
in the Financial Institutions Act .
SECTION 38: [Mortgage Brokers Act, re-enacts
section 9] provides
that appeals under
section 8 of the Act should be made to the Financial Services
Tribunal rather than to the Commercial Appeals Commission, and provides that
a member of the tribunal cannot stay the decision being appealed.
SECTION 39: [Mortgage Brokers Act, amends
section 10] removes
a reference to the commission and replaces it with a reference to the Financial
Services Tribunal.
Motor Dealer Act
SECTION 40: [Motor Dealer Act, repeals
section 8] removes the
right to appeal to the Commercial Appeals Commission.
Pension Benefits Standards Act
SECTION 41: [Pension Benefits Standards Act, amends
section 1 (1)] adds
a definition of "tribunal".
SECTION 42: [Pension Benefits Standards Act, amends
section 21]
provides that an appeal of a superintendent's decision under the Act should
be made to the Financial Services Tribunal rather than to the Commercial Appeals
Commission, and provides that the tribunal may make an order to register, or
to rescind the cancellation of the registration of, a plan.
SECTION 43: [Pension Benefits Standards Act, amends
section 66]
is consequential to the repeal of
section 21 (3) of the Act by this Bill.
Public Sector Employers Act
SECTION 44 [Public Sector Employers Act, amends the Schedule]
is consequential to the repeal of the Commercial Appeals Commission Act .
Real Estate Act
SECTION 45: [Real Estate Act, amends
section 1] adds a definition
of "tribunal".
SECTION 46: [Real Estate Act, amends
section 14] provides that
an appeal under
section 14 of the Act should be made to the Financial Services
Tribunal rather than to the Commercial Appeals Commission.
SECTION 47: [Real Estate Act, amends
section 31]
removes a reference to the Commercial Appeals Commission Act and
includes in the Real Estate Act the provisions to which reference was
removed;
provides that an appeal of a superintendent's decision under the Act should
be made to the Financial Services Tribunal rather than to the Commercial Appeals
Commission;
removes references to the Commercial Appeals Commission and replaces them
with references to the Financial Services Tribunal.
SECTION 48: [Real Estate Act, re-enacts
section 79] provides
that an appeal under that
section of the Act should be made to the Financial
Services Tribunal rather than to the Commercial Appeals Commission, and provides
that a member of the tribunal cannot stay the decision being appealed.
Society Act
SECTION 49: [Society Act, amends
section 1] repeals the definition
of "commission".
SECTION 50: [Society Act, re-enacts
section 96] sets out the
practice relating to appeals under
section 96 of the Society Act .
Trade Practice Act
SECTION 51: [Trade Practice Act, amends
section 17.1] removes
the right to appeal to the Commercial Appeals Commission.
Travel Agents Act
SECTION 52: [Travel Agents Act, repeals
section 6] removes the
right to appeal to the Commercial Appeals Commission.
SECTION 53: [Transitional – Commercial Appeals Commission Act]
dissolves the Commercial Appeals Commission.
SECTION 54: [Transitional – Cemetery and Funeral Services Act]
continues the application of the Commercial Appeals Commission Act for
all appeals under the Cemetery and Funeral Services Act commenced before
the coming into force of
section 4 of this Bill.
SECTION 55: [Transitional – Company Act] continues the application
of the Commercial Appeals Commission Act for all appeals under the Company
Act commenced before the coming into force of sections 7, 8 and 10 to 12
of this Bill.
SECTION 56: [Transitional – Consumer Protection Act] continues
the application of the Commercial Appeals Commission Act for all appeals
under the Consumer Protection Act commenced before the coming into force
section 15 of this Bill.
SECTION 57: [Transitional – Cooperative Association Act] continues
the application of the Commercial Appeals Commission Act for all appeals
under the Cooperative Association Act commenced before the coming into
force of
section 16 of this Bill.
SECTION 58: [Transitional – Credit Reporting Act] continues
the application of the Commercial Appeals Commission Act for all appeals
under the Credit Reporting Act commenced before the coming into force
section 17 of this Bill.
SECTION 59: [Transitional – Credit Union Incorporation Act]
continues the application of the Commercial Appeals Commission Act for
all appeals under the Credit Union Incorporation Act commenced before
the coming into force of sections 18 and 19 of this Bill.
SECTION 60: [Transitional – Debt Collection Act] continues the
application of the Commercial Appeals Commission Act for all appeals
under the Debt Collection Act commenced before the coming into force
section 20 of this Bill.
SECTION 61: [Transitional – Financial Institutions Act] continues
the application of the Commercial Appeals Commission Act for all appeals
under the Financial Institutions Act commenced before the coming into
force of sections 23 and 26 to 29 of this Bill.
SECTION 62: [Transitional – Homeowner Protection Act] continues
the application of the Commercial Appeals Commission Act for all appeals
under the Homeowner Protection Act commenced before the coming into force
section 33 of this Bill.
SECTION 63: [Transitional – Mortgage Brokers Act] continues
the application of the Commercial Appeals Commission Act for all appeals
under the Mortgage Brokers Act commenced before the coming into force
of sections 36 to 39 of this Bill.
SECTION 64: [Transitional – Motor Dealer Act] continues the
application of the Commercial Appeals Commission Act for all appeals
under the Motor Dealer Act commenced before the coming into force of
section 40 of this Bill.
SECTION 65: [Transitional – Pension Benefits Standards Act]
continues the application of the Commercial Appeals Commission Act for
all appeals under the Pension Benefits Standards Act commenced before
the coming into force of sections 41 and 42 of this Bill.
SECTION 66: [Transitional – Real Estate Act] continues the application
of the Commercial Appeals Commission Act for all appeals under the Real
Estate Act commenced before the coming into force of sections 45 to 48 of
this Bill.
SECTION 67: [Transitional – Society Act] continues the application
of the Commercial Appeals Commission Act for all appeals under the Society
Act commenced before the coming into force of sections 49 and 50 of this
Bill.
SECTION 68: [Transitional – Trade Practice Act] continues the
application of the Commercial Appeals Commission Act for all appeals
under the Trade Practice Act commenced before the coming into force of
section 51 of this Bill.
SECTION 69: [Transitional – Travel Agents Act] continues the
application of the Commercial Appeals Commission Act for all appeals
under the Travel Agents Act commenced before the coming into force of
section 52 of this Bill.
Copyright (c) 2003: Queen's Printer, Victoria, British Columbia, Canada