Process of a Complaint
The Registrar receives a written Complaint. A copy of the Complaint is then forwarded to the Respondent and the
Respondent’s Manager. The Respondent is provided opportunity to provide a written Reply.
The Complaints Committee conducts an investigation and considers both the written Complaint and the written Reply.
The Complaints Committee then:
- dismisses the Complaint as it had no merit or was not in the jurisdiction of the committee; OR
- refers the Complaint to the Discipline Committee for further action; OR
- refers the Complaint to the Director of Consumers Affair at FCNB for action; OR
- attempts a resolution or mediation of the Complaint.
- If the Complaints Committee dismissed the Complaint, the Complainant or the Minister of Justice and Attorney General can request the NBREA Board of Directors review the treatment of the complaint by the Complaints Committee. The Board’s jurisdiction as defined by the Act, is to review the procedure used by the Complaints Committee and is not to review the decision of the Complaints Committee. If the Board of Directors determines the treatment of the Complaint by the Complaints Committee was flawed, the Board of Directors would then refer the complaint to the Discipline Committee for further action.
- If the Complaints Committee attempts resolution or mediation:
- the Complaint is resolved by the parties (on a voluntary basis); OR
- the Complaint is referred to the Discipline Committee for further action
If the Complaint is referred to the Discipline Committee for further action, the parties will participate in:
- An optional Pre-Hearing Conference and potential simplification or resolution of the Complaint; OR
- A full Hearing or Penalty Hearing and subsequent written Decision.
Statutory appeal to the New Brunswick Court of Queen’s Bench pursuant to s.25 of the Act.