Government Services
December 9, 2010
Amendments to Mortgage Broker Act Will
Help Protect Consumers
from Financial Loss
Consumer protection will be further enhanced by amendments
proposed to the Mortgage Broker Act which governs the
financial activities for mortgage brokers. The Department of
Government Services has reviewed the act to ensure consistent
enforcement activities to prevent financial losses to consumers.
The Honourable Harry Harding, Minister of Government Services,
brought forward Bill 34 today to make these amendments.
"There has been a great deal of attention to a number of
high-profile frauds at home, in the United States of America and
abroad that have been financially and emotionally devastating to
consumers," said Minister Harding. "It is our hope that by
making the Mortgage Brokers Act consistent with our other
financial services acts we are strengthening our enforcement
abilities so that consumers will be better protected from those
who deliberately set out to steal their hard-earned money."
The amendments are similar to amendments made during the
spring 2010 sitting of the House of Assembly to the
Securities Act; the Insurance Adjusters, Agents and
Brokers Act; the Prepaid Funeral Services Act; and,
the Insurance Companies Act.
Some highlights of the amendments include the ability of
judges to issue search warrants for investigators to enter
private dwellings and the ability to seize documents or other
items during a search. As well, investigators or examiners will
be able to summon an individual to testify under oath or produce
documents and it will be an offence to obstruct or interfere
with an investigator or examiner. The courts will also have the
ability to increase penalties for anyone who violates the act.
"We have carefully reviewed this legislation and recognizes
that the level of enforcement needs to be more consistent with
other legislation," said Minister Harding. "In recent years we
have made considerable efforts to review legislation to
determine if it can be strengthened and Bill 34 is an excellent
example of that effort."
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2010 12 09 3:35 p.m.