BILL NO. 128

(as introduced)

2nd Session, 60th General Assembly
Nova Scotia
57 Elizabeth II, 2008

Private Member's Bill

Consumer Protection Act
(amended)

Becky Kent
Cole Harbour-Eastern Passage

First Reading: April 25, 2008

(Explanatory Notes)

Second Reading:

Third Reading:

Clause 1 makes the definition of "Board" applicable to the proposed new Section found in Clause 2 of this Bill.

1 Subsection 18T(1) of Chapter 92 of the Revised Statutes, 1989, the Consumer Protection Act, as enacted by Chapter 25 of the Acts of 2006, is amended by adding "and Section 18TA" immediately after "Section" in the first line.

2 Chapter 92 is further amended by adding immediately after Section 18T the following Section:

18TA (1) Where the Governor in Council directs or the Board on its own motion decides, the Board shall appoint a person to act as a consumer advocate in a hearing before the Board pursuant to Section 18T.

(2) A consumer advocate appointed pursuant to subsection (1)

(a) shall participate in all aspects of the hearing before the Board and represent the interests of borrowers as a full intervenor with power to enter into settlement agreements with other parties; and

(b) has all the powers and authorities necessary to carry out the duties of a consumer advocate pursuant to this Section.

(3) The Board may fix fees and expenses of a consumer advocate in performing the functions and duties of a consumer advocate pursuant to this Section.

(4) The fees and expenses referred to in subsection (3)

(a) must be paid to the Board by the applicant or applicants in such proportion as determined by the Board; and

(b) may include the cost of retaining experts and legal counsel to provide the consumer advocate with advice, including testimony, on technical and legal matters.

(5) The Board may make rules respecting practice and procedure, scope of work, fees and expenses and other matters respecting a consumer advocate appointed pursuant to subsection (1).

(6) The Governor in Council may make regulations respecting the qualifications and experience of a consumer advocate.

(7) The exercise of the authority contained in subsection (6) is regulations within the meaning of the Regulations Act.