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1 The Commercial Appeals Commission Act, R.S.B.C. 1996, c. 54, is repealed.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

2 Section 1 (1) of the Business Corporations Act, S.B.C. 2002, c. 57, is amended by repealing the definition of "Appeals Commission".

3 Section 406 is repealed and the following substituted:

Appeal to court

406 (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4 Sections 10 and 73 of the Cemetery and Funeral Services Act, R.S.B.C. 1996, c. 45, are repealed.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

5 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".

6 Section 2 of the Supplement to the Community Care Facility Act is repealed and the following substituted:

2 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

7 Section 1 (1) of the Company Act, R.S.B.C. 1996, c. 62, is amended by repealing the definition of "commission".

8 Section 36 (8) is repealed.

9 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.

10 Section 302 (2) is repealed.

11 Section 332 is repealed and the following substituted:

Appeals to court

332 (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.

12 Section 337 (2) is repealed.

 
Company Act, S.B.C. 1999, c. 27

13 Section 1 (1) of the Company Act, S.B.C. 1999, c. 27, is amended by repealing the definition of "Appeals Commission".

14 Section 402 is repealed and the following substituted:

Appeals to court

402 (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

15 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

16 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

207 (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

17 Section 8 of the Credit Reporting Act, R.S.B.C. 1996, c. 81, is repealed.

 
Credit Union Incorporation Act

18 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; .

19 Section 98 is repealed and the following substituted:

Appeal

98 (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

20 Section 7 of the Debt Collection Act, R.S.B.C. 1996, c. 92, is repealed.

 
Finance and Corporate Relations Statutes Amendment Act, 1998

21 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".

22 Section 23 is repealed.

 
Financial Institutions Act

23 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; .

24 Section 227 (b) (iii) is amended by adding "and the tribunal" after "Commercial Appeals Commission".

25 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".

26 Section 238 is repealed and the following substituted:

Summary procedure -- superintendent or council

238 (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.

28 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 to

(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.

30 Section 249 (1) (a) is amended by striking out "or the Commercial Appeals Commission," and substituting "the Commercial Appeals Commission or the tribunal,".

31 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

 
Mortgage Brokers Act

36 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.

37 Section 8 is amended

(a) in subsection (3) by striking out "commission." and substituting "tribunal.", and

(b) by repealing subsection (4).

38 Section 9 is repealed and the following substituted:

Appeal to tribunal

9 (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.

39 Section 10 is amended by striking out "commission" and substituting "tribunal".

 
Motor Dealer Act

40 Section 8 of the Motor Dealer Act, R.S.B.C. 1996, c. 316, is repealed.

 
Pension Benefits Standards Act

41 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; .

42 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.

43 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

45 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.

46 Section 14 (1), (2) (a) and (b) and (3) is amended by striking out "Commercial Appeals Commission" and substituting "tribunal".

47 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".

48 Section 79 is repealed and the following substituted:

Appeal to tribunal

79 (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

49 Section 1 of the Society Act, R.S.B.C. 1996, c. 433, is amended by repealing the definition of "commission".

50 Section 96 is repealed and the following substituted:

Appeals

96 (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

51 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

52 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 in 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.