Whether you are browsing for information on our website or participating in a proceeding, the Financial and Consumer Services Tribunal is committed to respecting your privacy. The handling of all personal information by the Tribunal is governed by the Right to Information and Protection of Privacy Act.
We also strive to respect the open court principle, which encourages fair, transparent decision-making and promotes the integrity of the justice system. In furtherance of this principle, the public and media may have access to certain forms or documents filed with the Tribunal and are usually permitted to attend hearings before the Tribunal.
We have sought a balance between the open court principle and the privacy concerns of the parties, witnesses and members of the public who interact with us.
PURPOSE OF POLICY
| ||1. ||the types of personal information we collect about you and how it is collected, |
|2.||the general purposes for which your personal information is collected,|
|3. ||the disclosure of your personal information,|
| ||4.||how long your personal information is conserved,|
| ||5.||the means by which you may limit the use and disclosure of information collected,|
| ||6.||the means by which you may request the correction of your personal information, and|
| ||7.||the means by which you may request access to your personal information.|
“Anonymize” consists of removing identifying personal information so that the person cannot be identified.
“Personal Information” is information that can be used to identify a specific individual. For examples of what constitutes personal information, please consult section 1 of the Right to Information and Protection of Privacy Act.
“Redact or redacting” consists of blocking out sensitive personal information from a document.
WHAT PERSONAL INFORMATION DO WE COLLECT AND HOW?
While it is not possible to protect all personal information in proceedings before the Tribunal, we limit our collection of personal information to that which is reasonably necessary to accomplish our decision-making role.
We collect personal information in the forms or other documents parties file with the Registrar, in documents that are entered as evidence in a hearing and in the transcript of a hearing. This personal information may include your name, address, telephone number, e-mail address and other information necessary to reach a decision in the proceeding.
If you file a form or document containing unnecessary personal information, the Registrar of the Tribunal will redact or anonymize the unnecessary personal information before returning a filed copy to you.
On our Website
We do not automatically gather personal information consisting of your name, phone number, home address, or e-mail address on our website. Personal information will only be obtained if you supply it when e-filing forms or documents or using the Contact us feature on our website.
No data transmission over the Internet is 100% secure, but we take all reasonable steps, including appropriate technical and administrative safeguards, to protect this information. We protect personal information by incorporating security measures against such risks as unauthorized access, collection, use, disclosure or disposal of personal information. Security measures are integrated into the design and implementation of our day-to-day operating practices as part of our continuing commitment to the protection of personal information.
THE PURPOSE OF THE COLLECTION (USE OF PERSONAL INFORMATION)
We use your personal information to either respond to your request, to provide updates on a proceeding, or to accomplish our decision-making role.
DISCLOSURE OF PERSONAL INFORMATION
We may disclose your personal information where we are required or permitted by law to do so. Below are some instances where we may disclose your personal information.
- a Notice of Appeal (Form 1),
- a Request for Review (Form 2),
- a Statement of Allegations (Form 3),
- a Notice of Application (Form 4),
- a Notice of Motion (Form 6), and
- a Notice of Preliminary Motion (Form 7).
When a person files a pleading with the Registrar of the Tribunal, the Registrar reviews the pleading before filing it and redacts or anonymizes any personal information such as social insurance numbers, bank account numbers, driver’s licence numbers, and other information of this nature which does not assist the Tribunal in rendering a decision. The Registrar will return a filed redacted copy to the party or parties, where applicable.
Pleadings are usually accessible to the public and media. Before responding to a request from the public for a pleading, the Registrar will analyze whether it can be disclosed pursuant to the Right to Information and Protection of Privacy Act. If so, the Registrar will red act unnecessary personal information from the pleading before providing it to the public or media. For example,
- social insurance numbers, bank account numbers, driver’s licence numbers, home address, personal e-mail, personal telephone number, and other information of this nature will routinely be redacted;
- in appeals, reviews and application proceedings where it serves no purpose for the public to be aware of the identity of the parties, the names of the parties as well as other information which could permit the identification of the parties (such as address, occupation, etc.) will be anonymized
- in proceedings such as appeals involving a licence or registration or enforcement proceedings, the names of the parties will be available to the public and media as it is important for the public to be aware of the identity of the parties as the Right to Information and Protection of Privacy Act was not designed to hide wrongdoing or to protect anyone who represents a danger to their fellow citizens; and
- in all types of proceedings, the names of potential witnesses and any information that would permit the identification of these persons will be anonymized.
If you intend to present evidence at the hearing, you are required to share this evidence with the other parties to the proceeding. You must also provide a copy of this evidence to the Registrar of the Tribunal in advance of the hearing. The Registrar will redact or anonymize unnecessary personal information from this evidence and return copies to the parties.
In appeals or reviews, the Record of the Decision-Making Process that is filed by the regulator or decision-maker may contain personal information. Again, the Registrar will redact or anonymize unnecessary personal information from the Record before returning a filed copy to the parties.
The Tribunal does not routinely allow the public or the media to have access to any evidence or Record filed with the Tribunal. The person must present a request under the Right to Information and Protection of Privacy Act; the request will be dealt with in accordance with the requirements and exemptions of that Act. If the request is granted, the Registrar will redact or anonymize unnecessary personal information from this evidence before providing a copy to the applicant.
Decisions and Orders
The Tribunal publishes its decisions and orders on its website and on the CanLII website to further the public interest in an open and transparent justice system.
Only information that is necessary to a proper understanding of the decision or order or that is required to protect the public interest is included in the Tribunal’s decision or order. Generally, the following guidelines apply:
- in enforcement proceedings, the decisions or orders are published with the names of the parties;
- in appeals or reviews involving a licence or registration, the decision or orders are published with the names of the parties;
- in appeals, reviews or applications not involving the public interest, the names of the parties are anonymized; and
- in all proceedings, the names of witnesses are anonymized.
HOW LONG YOUR PERSONAL INFORMATION IS CONSERVED
If there are legal requirements relating to the period of time which we must retain your personal information, we comply with those requirements.
We shall retain your personal information as long as we believe that such retention is necessary for legal or business purposes.
MEANS BY WHICH YOU MAY LIMIT THE USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION
You can take measures to protect your privacy and personal information in proceedings before the Tribunal.
Limit the Personal Information
When you prepare a form or other document that you intend to file with the Registrar or introduce in evidence at the hearing, consider omitting personal information that is not necessary for the conduct of the proceeding.
Requesting that Documents be Kept Confidential
You may request to have the pleadings, evidence, the transcript of a hearing or the entire Tribunal file be kept confidential. For more information, please consult rule 3.3 of the Rules of Procedure. You must convince the Tribunal that your privacy interests or those of your witness outweigh the requirement to conduct proceedings openly and transparently. The Tribunal may order that part of the entirety of its file be kept confidential.
Requesting a Private Hearing
Hearings are normally open to the public and media to ensure open and transparent justice. In furtherance of this principle, the Tribunal places on its website a list of the scheduled hearings. The hearing list indicates the date and time of the hearing as well as the names of the parties where their identity is required to protect the public interest. The hearing list also indicates whether the hearing is open or closed to the public and media.
However, there may be matters where it is appropriate for the public and media to be excluded from a hearing, given the privacy concerns of the parties and the nature of the personal information which may be disclosed during the hearing.
If you believe your matter raises special privacy concerns and that the public should be excluded from the hearing, you can request a private hearing. It is important to keep in mind that it is only in rare cases that the Tribunal will hold a private hearing. You will have to persuade the Tribunal that your privacy interests or those of your witnesses outweigh the requirement to conduct proceedings openly and transparently. For more information on how to request a private hearing, please consult rule 3.4 of the Rules of Procedure.
The Tribunal may also, on its own motion, close a hearing to the public.
REQUESTING THE CORRECTION OF YOUR PERSONAL INFORMATION
Subject to legal restrictions, you may request that personal information which you believe to be inaccurate be corrected, such as your address and contact information. You may change incorrect information at any time and as often as necessary. If you need assistance or have questions about correcting information, please contact the Registrar of the Tribunal, whose contact information is detailed at the end of this Policy.
REQUESTING ACCESS TO YOUR PERSONAL INFORMATION
You have the right to access your personal information that is held by us, subject to the limits and exceptions outlined in the Right to Information and Protection of Privacy Act.
You can make an access request under the Right to Information and Protection of Privacy Act by presenting a request to the Registrar of the Tribunal, whose contact information is detailed at the end of this Policy.
For more information on the process for accessing your personal information, you may review the website of the Office of the Integrity Officer for New Brunswick.
QUESTIONS? CONCERNS? COMPLAINTS
By e-mail: email@example.com
By fax: (506) 658-5477
By telephone: (506) 658-5575 or toll free (855) 267-1454
By mail: 300-85 Charlotte Street, Saint John, NB, E2L 2J2
The Tribunal Chair is responsible for the administration of this policy.
Financial and Consumer Services Commission Act
Release 002 – Approved December 11, 2017. Complete revision of the Policy.
Release 001 - Approved May 11, 2015. This document is the original issue.
December 11, 2017
This Policy will be reviewed annually to ensure it is current and effective.