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Help with XML

General Information

Timing

Contacting Owners

Submitting a Report

Troubleshooting

Navigating FundsFinderNB

Holders of small amounts


Help with XML

What is XML?

Where can I find the Holder filing XSD schema file?


General Information

Is the holder always a registered company?

A holder can be a person, a partnership, an incorporated company, an association, or a credit union, to name a few examples.

My business is not located in New Brunswick. Do I still need to remit unclaimed property to the program?

If the holder "carries on business" in New Brunswick, they need to comply with the Unclaimed Property Act and the Rules. The concept of "carries on business" is defined in section 6 of the Unclaimed Property Act. Among other activities, the definition covers businesses required by law to have one of the following:

  • a registered office in New Brunswick
  • an address at which legal process can be served
  • an agent for service

A holder also "carries on business" in New Brunswick if it has a place of business in or it exercises central management from New Brunswick.

If you are in doubt about whether the Unclaimed Property Act applies to you or your business, you should seek a legal opinion. Commission staff are not authorized to act as legal advisors to a holder.

Timing

What time period is covered in the first annual filing?

First, you will need to determine if you hold any unclaimed property at the end of the 2022 calendar year. That typically means you haven’t had any communication with the individual property owner in the last three years.

Section 2 of the Unclaimed Property Act establishes that the application of the Act also applies to the preceding five years. You need to review your books for unclaimed property for the calendar years: 2021, 2020, 2019, 2018 and 2017.

Remember: For a property to be considered unclaimed, it needs to be dormant at least three years. That means if you have identified possible unclaimed property on your books in 2017, you will need to look in your records as far back as 2014 to see when the owner last communicated with you. Refer to section 5 of Rule UP-001 Unclaimed Property - General for more information. 

Now that you have identified the unclaimed property, you must submit a report and deliver the unclaimed property during the program's first filing period: January 1-March 31, 2023.

What if I have a fiscal year-end date that is not December 31?

Section 9 of the Unclaimed Property Act establishes December 31 as the date the obligation to deliver property to the Director arises, regardless of the date that a corporate holder may have established as their fiscal year-end date. You can file anytime between January 1 and March 31 of every year to comply with sections 2 to 5 of the Act as well as filing a report under section 9 of the Act.

Do I have to report and deliver property annually?

You are required to report and deliver property if you are holding unclaimed property on December 31 in any year, unless you are exempted.

Am I required to file a report if I do not hold unclaimed property on December 31 (a "nil" report)?

You are not obligated to file a report in any year when:

Can I file property early?

Yes. You may face a situation when you may want to file a report and deliver property before the property has met the requirements in section 12 of the Unclaimed Property Act and section 10 of Rule UP-001 Unclaimed Property - General. You need to make an application to the Director before filing the report. Your application must set out the reason why the property should be delivered early and the application must confirm that you sent a notice to the apparent owner. An application fee is not required.

To make an application on FundsFinderNB.ca, under Holder Options, select Make an Application. Enter the holder name, select the application type of Early Delivery, and enter the reasons for your application. You will have the option to upload supporting documents. Once the Director has approved your application, it will appear on the Manage Holder Submissions page under Action Required as a report with a status of Additional Information Required. You can then select Complete Report and you will be prompted to upload your unclaimed property file, validate it, and submit it. You can consult the Holder Filing Manual for more information.

How long do I have to keep records of unclaimed property?

You must keep books, records and documents related to property delivered to the Director for at least 10 years after you delivered the property. Refer to section 29 of the Unclaimed Property Act.

Contacting Owners

How do I notify an owner of unclaimed property?

If you are holding property valued at $100 or more per person, you must send a notice to the apparent owner. A sample notice is provided as a helpful tool. Select the Guides, Manuals, and Templates option in the Resources menu. You may use another format as long as the notice meets the requirements in section 7 of the Unclaimed Property Act and section 7 of Rule UP-001 Unclaimed Property – General.

Can the notice to an apparent owner be sent electronically?

Yes. If you have an email address for the owner, you may use it to send the notice. If you have both an electronic address and a postal address, you may choose which method to use first and use the alternative if you don’t receive a response from the first method. Refer to section 7 of Rule UP-001 Unclaimed Property – General.

Do I need to send a notice if I know the address in the owner’s file is incorrect?

You do not have to send the notice when you have reasonable grounds to believe the address is incorrect and you are unable to find the correct address.

Do I need to send a notice to an owner for a small amount of unclaimed property?

If the value of the unclaimed property is less than $100, you do not need to send a notice.

Submitting a Report

How do I report unclaimed property?

All reports are filed using FCNB's online portal: FundsFinderNB.ca, which has file upload capabilities. FCNB uses the XML file format standard for data to be uploaded as well as an alternative process that can accept a spreadsheet format, such as Excel or Google Sheets.

Can I file a paper version of the report?

No. All filings are made using the online portal: FundsFinderNB.ca.

Can I file unclaimed property items as a lump sum?

No. Because each property is owned individually, you must list each unclaimed property when you file your report with the Director.

How do I deliver unclaimed property?

Electronic Funds Transfer (EFT) payments can be set up through your online banking platform or accounting software. Consult the reference materials from your specific bank or accounting software for instructions on how to set up a payment. The bank account details listed below must be entered as a payee.

The invoice provided to the holder by FundsFinderNB will contain a tracking number. The tracking number must be included in the comment field. Please send an email with payment details to FundsFinderNB@FCNB.ca when you have submitted your payment.

Business Name:    Financial and Consumer Services Commission
Contact Name:    Accounts Receivable
Email:    FundsFinderNB@FCNB.ca
Telephone:    (866) 933-2222

Bank account details
Financial Institution:    Bank of Montreal
Transit Number:    00114
Institution Number:    001
Account Number:    1054837
 

Alternatively, a holder can mail or deliver a cheque in the amount of the invoice to the address below. The tracking number from the invoice must be included.

The Financial and Consumer Services Commission
Unclaimed Property Division
300-85 Charlotte Street
Saint John, New Brunswick Canada
E2L 2J2

Is there a fee to report and deliver unclaimed property?

Unless the report or the delivery of the property is late, there is no fee to submit a report and deliver property under this program. However, if the property is reported or delivered more than 90 days after the end of the calendar year during which the property became unclaimed, a late fee and interest will be due.

Can I file older property?

Yes. Any time after January 1, 2022, you are encouraged to file and deliver any unclaimed property you hold that became unclaimed prior to the time periods established in the Unclaimed Property Act. A filing and delivery of this type can be made at any time throughout the calendar year. You do not need to make an application or receive prior approval from the Director. A late fee and interest are not applicable to this type of filing. Requirements under section 11 of the Unclaimed Property Act must be met.

On FundsFinderNB.ca, under Holder Options, select Report Unclaimed Property. Select the report type of Voluntary Delivery and enter a description of your submission. You will be prompted to validate and upload your unclaimed property file and submit it. Once the Director has approved your report submission, it will appear on the Manage Holder Submissions page under Processing and Completed. You can consult the Holder Filing Manual for more information.

Did New Brunswick use the standard National Association of Unclaimed Property Administrators (NAUPA) property codes?

For the most part, New Brunswick has used the NAUPA standard codes. Some property types described by the NAUPA codes are not applicable in New Brunswick. Therefore, those codes have not been included in our list of codes. You must ensure you are using the proper code when filing a report with the Director.

What are the ownership details required for a filing and delivery of unclaimed property to the Director?

Subsection 9(2) of the Unclaimed Property Act lists the information to be filed. The Director recognizes that not all holders have the same information on file to support the ownership of unclaimed property. Subsection 9(5) of the Unclaimed Property Act contemplates that a holder will file a report containing the information to the extent it is available.

Am I required to file a report and deliver unclaimed property if my records do not identify the owner?

Yes. You must report as much information as you have in your records on the property and deliver the property.

How do I estimate the value of the property to be filed?

The value of the property is established as of December 31 of the year the property became unclaimed. If you hold property that is subject to fluctuations in value, you are encouraged to file your report and deliver the property as soon as possible after that date to protect against market fluctuations. See section 2 of Rule UP-001 Unclaimed Property – General.

If you hold securities, you are subject to unique requirements. You should review section 11 of Rule UP-001 Unclaimed Property – General.

What if taxes are due on the property?

Section 13 of the Unclaimed Property Act requires a holder to make any withholdings or remittances required as if the holder was delivering the property to the owner directly. The Director is entitled to receive the amount remaining, after deduction of any required withholdings or remittances.

What is an unidentified remittance?

Unidentified remittances are payments made to a holder that the holder cannot match up with a corresponding account receivable.

Troubleshooting

What if I realized I made an error in a report?

Select Request Support on FundsFinderNB.ca. Describe the error and complete the contact details. Our staff will follow up with you directly.

What if I find more unclaimed property after I already filed a report for the period?

You can file an additional report and deliver the property so long as you file within the 90 days after the end of the calendar year during which the property became unclaimed.

If you discover unclaimed property for a past time period, you may be able to apply under section 8 of Rule UP-001 Unclaimed Property – General for permission to file the property late. An approved application under this section is not subject to a late fee or interest.

Filing of a report and delivery of unclaimed property that is not compliant with the time periods without permission from the Director, as established in section 5 of the Unclaimed Property Act and the Rules, may be subject to a late fee and interest. Refer to Rule UP-002 Unclaimed Property Fees for details.

Does New Brunswick have a disclosure program for late delivery of unclaimed property?

Yes. Section 10 of the Unclaimed Property Act and section 8 of Rule UP-001 Unclaimed Property - General set out the requirements for a holder who has discovered they hold unclaimed property that should have been delivered to the Director. (This is similar to the voluntary disclosure agreement (VDA) process in other jurisdictions).

If this is your case, you should access FundsFinderNB.ca and, under Holder Options, select Make an Application. Enter the holder name, select the application type of Late Delivery, and enter the circumstances and reasons for your application. You will have the option to upload supporting documents and then submit your application.

FundsFinderNB.ca will issue an invoice for the $300 application fee. Upon receipt of the fee, the Director will review the circumstances and, if applicable, issue a draft report submission that will appear under Action Required on the Manage Holder Submissions page with a status of Additional Information Required. You can then select Complete Report and you will be prompted to upload your unclaimed property file, validate it, and submit it. A late fee and interest are not calculated on this type of filing. You can consult the Holder Filing Manual for more information.

What if an owner attempts to collect their property after I have reported and/or delivered the property to the Director?

If: And: Then:
The owner is seeking property already delivered to the program The property is valued greater than $50 You can return the property to the owner directly and then immediately make an application for a refund of property delivered to the Director. Before you do, confirm with the Director a claim has not been made on the property and the property remains available.

OR

Refer the owner to the online unclaimed property list published by the Director to submit their claim. The process requires the owner to establish their identity and the basis on which the claim is being made. The Director cannot return property to an owner based solely on a communication from a holder.
The owner is seeking property already delivered to the program The property is valued at less than $50 You can return the property to the owner directly and then immediately make an application for a refund of property delivered to the Director. Property valued at less than $50 is not included in the list of unclaimed property published by the Director and cannot be claimed online.
The owner is seeking property I have reported to the Director, but have yet to deliver to the program. You can return the property to the owner directly and then immediately notify the Director.

Navigating FundsFinderNB

What is a remitter? 

A remitter is a person who may report and submit unclaimed property on behalf of a holder. Every person preparing to file a report with the Director must create an account and establish a profile on FundsFinderNB portal to identify them as a remitter on behalf of a holder. The portal uses the remitter’s email address as their account identifier.

Does every remitter need to create a profile on the portal? 

Yes. Even if you believe you will only file once, you must create a profile on the portal.

Can one remitter report on behalf of multiple holders? 

Yes, a remitter may submit separate reports for different holders.

What is my account identification number? 

It is a number that is automatically generated when a user sets up an account on FundsFinderNB. This number will appear on the user's profile and can be used to verify the identity of the user, should the need arise.

What do I do if I have forgotten my password?

If you have forgotten your password, select the Forgot your password? button on the Holder/Remitter Sign in page. This will redirect you to a page where you can enter your account email address. An email with a "Reset Password" link will then be sent to you. Once you select the link, you will be redirected to a page where you can reset your password.

How do I change the email address on my FundsFinderNB account?

Select Request Support on FundsFinderNB.ca and fill out the form to submit a support request. You will be asked to provide your account identification number, your current email address, and your new email address.

A former employee established our holder profile on FundsFinderNB.ca. How do I get access?

Select Request Support on FundsFinderNB.ca and fill out the form to submit a support request.

How do I upload documents?

To upload a document or set of documents, follow the following steps:

  • Create a folder somewhere on your computer for the documents you wish to upload.
  • Place all your documents in that folder.
  • When you get to the step in the process where you can upload documents, select the Choose File button.
  • A dialog box will appear to select the file to upload. Navigate to the folder where your documents are and select a document to add. Select Open or Select. Your document will be uploaded and displayed in the grid.
  • Repeat this process until all your documents are displayed in the grid.
  • Proceed to the next step.

How do I apply for an exemption?

Section 3 of the Unclaimed Property Act contemplates that certain holders may need to seek an exemption from the application of all or parts of the Act or the Rules. If you are an individual holder, or a remitter acting on behalf of an individual holder, you can apply through the portal. Access FundsFinderNB.ca and, under Holder Options, select Make an Application. Enter the holder name, select the application type of Exemption, and enter the circumstances and reasons for your application. You will have the option to upload supporting documents.

A fee of $300 is required for an application under section 3 or section 10 of the Unclaimed Property Act. FundsFinderNB.ca will issue an invoice for the $300 application fee. Upon receipt of the fee, the Director will review the application and you will receive an email with details of the Director’s decision.

If you are applying for an exemption for a class of holders, multiple holders or other circumstances where the application is not associated to a single, identifiable holder, you can submit your application at our Saint John location in paper format accompanied by the $300 fee.

Holders of small amounts

What if I hold small amounts of unclaimed property?

Section 6 of Rule UP-001 Unclaimed Property – General excludes certain holders from reporting and delivering when they hold small amounts of unclaimed property. This is provided to recognize the burden placed on holders in reporting and delivering these small amounts.

The following table shows when you may qualify under section 6 of Rule UP-001 Unclaimed Property – General:

If: And: Then:
Each unclaimed property you hold is valued at less than $50. The total value of all the unclaimed property you hold is less than $1,000. You may rely on Section 6. You are not obligated to file a report.
Each unclaimed property you hold is valued at less than $50. The total value of all the unclaimed property you hold is $1,000 or more. You DO NOT qualify under Section 6. You must file a report for all unclaimed property you hold and deliver it to the Director (refer to the Holder Filing Manual for online filing instructions).
You have one or more unclaimed properties valued at $50 or more. You DO NOT qualify under Section 6. You must file a report for all unclaimed property you hold and deliver it to the Director (refer to the Holder Filing Manual for online filing instructions).

I am considering the exclusion provided in subsection 6(1) of Rule UP-001 Unclaimed Property - General. How many years must I go back to determine whether I meet the under $1,000 total threshold?

You must total the fair market value of all unclaimed property you hold from the previous five years.

If I qualify under subsection 6(1) of Rule UP-001 Unclaimed Property – General, am I relieved from liability under section 13 of the Unclaimed Property Act?

You remain liable to the owner for any property you continue to hold.

I relied on subsection 6(1) of Rule UP-001 Unclaimed Property – General in previous years. How do I now file a report and deliver unclaimed property?

When filing, you need to indicate you relied on subsection 6(1) in previous years. The file is then submitted using the standard filing and delivery process.

I relied on subsection 6(1) of Rule UP-001 Unclaimed Property – General in a previous year. What date do I use to report when the property became unclaimed?

The date the property became unclaimed is established in section 5 of Rule UP-001 Unclaimed Property - General. You would report the date indicated by the Rule, even when that date is from a previous calendar year. To aid in the claim process, the Director needs to know the year in which each property became unclaimed.

If I relied on section 6 of Rule UP-001 Unclaimed Property – General, am I subject to a late fee and interest?

A report filed on time, which includes property for which you relied on section 6 in previous years, will not be subject to late fees and interest.

I hold a small amount of unclaimed property. Can I still file a report?

Yes. The exemption under section 6 of Rule UP-001 Unclaimed Property - General is an option available to certain holders. You may choose not to seek the exemption and report and deliver the property to the Director within the required time frame.