Qp Date
This Act has "Not in Force" sections. See the Table of Legislative Changes.

Administrative Tribunals Appointment and

Administration Act

[SBC 2003] CHAPTER 47

Assented to October 23, 2003

Contents
1Definitions
2Chair's initial term and reappointment
3Member's initial term and reappointment
4Chair's absence or incapacitation
5Member's absence or incapacitation
6Temporary, non-renewable appointments
7Powers after resignation or expiry of term
8Termination for cause
9Responsibilities of the chair
10Remuneration and benefits for members
11Application of Act to appointments under Criminal Code
 12–66 Consequential Amendments
67Transitional — Conversion of existing appointments to conforming terms
68Transitional — No action for damages or compensation in respect of Public Sector Employers Act
69Transitional — Effect of amendments on contracts of employment
70Commencement

Definitions

1  In this Act:

"administrative tribunal" means a tribunal to which this Act or any section of this Act applies as provided under another Act;

"appointing authority" means the person or the Lieutenant Governor in Council who, under another Act, has the power to appoint the chair, vice chair and members, or any of them, to an administrative tribunal;

"member" means a person appointed to an administrative tribunal to which a section of this Act applies.

Chair's initial term and reappointment

2  (1) The chair of the administrative tribunal may be appointed by the appointing authority, after a merit based process, to hold office for an initial term of 3 to 5 years.

(2) A member may be reappointed by the appointing authority as the chair of the administrative tribunal for additional terms of up to 5 years.

Member's initial term and reappointment

3  (1) A member, other than the chair, may be appointed by the appointing authority, after a merit based process and consultation with the chair, to hold office for an initial term of 2 to 4 years.

(2) A member may be reappointed by the appointing authority as a member of the administrative tribunal for additional terms of up to 5 years.

Chair's absence or incapacitation

4  (1) If the chair expects to be absent or is absent, the chair may designate a vice chair as the acting chair.

(2) If the chair expects to be absent or is absent and there is no vice chair, the chair may designate a member as the acting chair.

(3) Despite subsections (1) and (2), if the chair is absent or incapacitated for an extended period of time, the appointing authority may designate a vice chair as the acting chair.

(4) Despite subsections (1) and (2), if the chair is absent or incapacitated for an extended period of time and there is no vice chair, the appointing authority may designate a member as the acting chair.

(5) Subsections (3) and (4) apply whether or not a person is designated, under the Act under which the chair is appointed, to act on behalf of the chair.

(6) A person designated under any of subsections (1) to (4) has all the powers and may perform all the duties of the chair.

Member's absence or incapacitation

5  If a member is absent or incapacitated for an extended period of time or expects to be absent for an extended period of time, the appointing authority, after consultation with the chair, may appoint another person, who would otherwise be qualified for appointment as a member, to replace the member until the member returns to duty or the member's term expires, whichever comes first.

Temporary, non-renewable appointments

6  (1) If the administrative tribunal requires additional members, after consultation with the minister responsible for the Act under which the administrative tribunal is established, the chair may appoint an individual, who would otherwise be qualified for appointment as a member, to be a member for up to 6 months.

(2) Under subsection (1), an individual may be appointed to the tribunal only once in any 2 year period.

(3) An appointing authority may establish conditions and qualifications for appointments under subsection (1).

Powers after resignation or expiry of term

7  (1) If a member resigns or their appointment expires, the chair may authorize that individual to continue to exercise powers as a member of the administrative tribunal in any proceeding over which that individual had jurisdiction immediately before the end of their term.

(2) An authorization under subsection (1) continues until a final decision in that proceeding is made.

(3) If a person performs duties under subsection (1), section 10 applies.

Termination for cause

8  The appointing authority may terminate the appointment of the chair, a vice chair or a member for cause.

Responsibilities of the chair

9  The chair is responsible for the effective management and operation of the tribunal and the organization and allocation of work among the members.

Remuneration and benefits for members

10  In accordance with general directives of the Treasury Board, members may be paid remuneration and must be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in carrying out their duties.

Application of Act to appointments under Criminal Code

11  Sections 1 to 5 and 8 to 10 apply to the review board established or designated under section 672.38 of the Criminal Code.

Consequential Amendments

[Note: See Table of Legislative Changes for the status of sections 12 to 66.]

Section(s)   Affected Act
12–13   Agricultural Land Commission Act
14–16   Assessment Act
17   Community Care and Assisted Living Act
18–19   Employment and Assistance Act
20–23   Employment Standards Act
24   Environmental Management Act
25–26   Expropriation Act
27–28   Financial Institutions Act
29   Fire Services Act
30   Forest and Range Practices Act
31–32   Forest Practices Code of British Columbia Act
33   Hospital Act
34–35   Human Rights Code
36   Industry Training Authority Act
37–38   Labour Relations Code
39   Local Government Act
40–42   Manufactured Home Park Tenancy Act
43–45   Mental Health Act
46   Miscellaneous Statutes Amendment Act (No. 2), 2002
47–48   Motor Carrier Act
49–50   Natural Products Marketing (BC) Act
51–52   Parole Act
53   Petroleum and Natural Gas Act
54–55   Public Sector Employers Act
56–58   Residential Tenancy Act
59–60   Safety Standards Act
61–62   Securities Act
63   Utilities Commission Act
64–66   Workers Compensation Act

Transitional Provisions

Transitional — Conversion of existing appointments to conforming terms

67  (1) Subject to subsections (2) and (3), on the coming into force of an amendment made to any other Act by this Act, any existing appointment under a provision of that other Act, if the provision is amended by this Act, is governed by the following rules:

(a) an appointment as a chair that was expressed to be made at pleasure or without a specified term is converted to a term of 5 years starting on the day the amendment comes into force;

(b) an appointment as a member, other than a chair, that was expressed to be made at pleasure or without a specified term is converted to a term of 4 years starting on the day the amendment comes into force;

(c) an existing appointment as a chair or other member that was made for a specified term is continued until the end of the term.

(2) On the coming into force of section 21, existing appointments of individuals as adjudicators who were appointed by the chair under the Employment Standards Act are cancelled and those individuals are appointed as members under section 102 (b) of the Employment Standards Act for a term equal to the remainder of their existing terms.

(3) On the coming into force of section 61, existing designations, made before the coming into force of this section, of members of the British Columbia Securities Commission as the chair and vice chairs of the commission and the appointments of those members are continued as expressed in the orders by which they were appointed.

(4) An appointment to which this section applies must be considered to have been made after a merit based process.

Transitional — No action for damages or compensation in respect of Public Sector Employers Act

68  No action for damages or compensation may be brought against the government or any person because of amendments made by this Act to the Public Sector Employers Act.

Transitional — Effect of amendments on contracts of employment

69  On the date that section 14.9 (3) to (5) of the Public Sector Employers Act, as enacted by section 54 of this Act, comes into force,

(a) section 14.9 (3) to (5) of that Act is deemed, in respect of a member of a tribunal referred to in section 14.9 (1) of that Act, to be included in all contracts of employment related to the member's appointment, that are commenced, changed or renewed on or after that date, and

(b) any provision of an applicable contract of employment referred to in paragraph (a) that conflicts with or is inconsistent with section 14.9 (3) to (5) of that Act is void to the extent of the conflict or inconsistency.

Commencement

70  (1) This Act, except section 46, comes into force by regulation of the Lieutenant Governor in Council.

(2) On coming into force, section 54 is deemed to have come into force on the day the Administrative Tribunals Appointment and Administration Act receives First Reading in the Legislative Assembly.