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

Civil Resolution Tribunal Act

[SBC 2012] CHAPTER 25

Contents
Part 1 to 6
1-60Not in force
Part 7 — Tribunal Powers and Procedures
61Not in Force
62Rules of practice and procedure for tribunal proceedings
63Practice directives
64-66Not in Force
Part 8 — Tribunal Membership and Administration
Division 1 — Appointment of Tribunal Members and Other Staff
67Tribunal chair
68Vice chairs and other members of the tribunal
69Temporary tribunal members
70Acting chair if chair absent or incapacitated
71Acting chair if no chair appointed
72Member's absence or incapacitation
73Powers after resignation or expiry of term
74Termination for cause
75Remuneration and benefits for members
76Other tribunal officers
77Other persons engaged or retained by tribunal
Division 2 — Tribunal Organization and Operations
78Authority of chair
79-82Not in force
Division 3 — Tribunal Duties and Protection
83Tribunal member duties
84Immunity protection
Part 9 — General
Division 1 — Information and Confidentiality
85-86Not in force
87Tribunal members and staff obligation of confidentiality
88-90Not in force
Division 2
91-92Not in force
Division 3 — Regulations
93Power to make regulations
94—110 Consequential Amendments
111 Amendments to this Act
112Commencement
Schedule

Part 1 to 6

Not in force

1-60  [Not in force.]

Part 7 — Tribunal Powers and Procedures

Not in Force

61  [Not in force.]

Rules of practice and procedure for tribunal proceedings

62  (1) The tribunal may make rules respecting practice and procedure in tribunal proceedings to facilitate the resolution of disputes before it in accordance with its mandate.

(2) Without limiting subsection (1), the tribunal may make rules respecting the following:

(a) the form, content and manner of providing consent under section 6 [consent of initiating party] or 7 [other parties must have given consent or be required to participate];

(b) factors supporting a refusal under section 11 [general authority for tribunal to refuse to resolve a dispute];

(c) dispute resolution services provided by the tribunal, including rules respecting

(i) online dispute resolution services and their use, and

(ii) facilitated dispute resolution services that may be provided in the case management phase;

(d) procedures and processes that apply in relation to tribunal proceedings, including rules

(i) providing authority to waive or modify a rule in relation to a tribunal proceeding,

(ii) establishing times by which actions in a tribunal proceeding are to be taken, including providing authority to extend or shorten established times,

(iii) providing authority in relation to adjournments and postponements,

(iv) imposing restrictions on evidence and submissions in relation to a tribunal hearing under section 36 (3) (a) [proceeding to hearing if a party does not comply with the case management process], and

(v) respecting procedures and processes that apply to a hearing under section 52 (1) (a) [tribunal may hear claims or dispute if party does not appear];

(e) powers under the Act to make orders and give directions, including rules

(i) respecting the process for a party to request that an order or direction be made, and

(ii) respecting the cancellation of a final decision or order under section 37 [cancellation of final decision or dismissal order under section 36] or 53 [cancellation of final decision or dismissal order made in absence of party];

(f) the form, content and manner for providing notices, summons, orders or other information or records, including rules

(i) authorizing the service, giving, filing, delivery or other provision to be done through electronic communication tools provided by the tribunal or through other means,

(ii) establishing requirements for service, and what is considered to be the address for service, of a party,

(iii) authorizing substituted service, and

(iv) establishing when a notice, summons, order or other information or record is deemed to have been served on or otherwise provided to or received by the tribunal, a party or another person;

(g) the provision, receipt, disclosure and exchange of evidence, other information and records in a tribunal proceeding, including rules

(i) respecting how a person providing evidence asserts the truth of the evidence by oath, affirmation or otherwise,

(ii) respecting requirements for the preparation of expert witness evidence by a party or jointly by parties,

(iii) respecting summonses under section 33 [party may require other persons to provide evidence], including establishing witness fees and expenses that are payable in relation to a summons and providing authority for the tribunal to cancel or vary a summons, and

(iv) authorizing the tribunal to direct how expenses for the provision, receipt, disclosure and exchange are to be allocated between parties;

(h) the participation of parties and other persons in tribunal proceedings, including rules

(i) respecting who may act for an organization or office in a tribunal proceeding as referred to in section 20 (5) [who may act for corporations and other organizations],

(ii) respecting representation of a party by a lawyer or other person,

(iii) allowing a party or witness to have a supporting person present with the party or witness while participating in a tribunal proceeding, and

(iv) respecting authority of the tribunal to allow other persons to participate in a tribunal proceeding;

(i) the consequences of a party's non-compliance with the rules or with a tribunal order;

(j) establishing a tariff of expenses and charges of a party that may be payable by one party to another party;

(k) respecting the preparation of validated copies of orders and final decisions of the tribunal;

(l) respecting communications and records in relation to tribunal proceedings, including rules

(i) respecting the use, validity and authenticity of and access to electronic communications and electronic records in relation to tribunal proceedings,

(ii) respecting access to and restriction of access to tribunal records by any person, and

(iii) establishing information that is considered to be confidential under section 87 [tribunal members and staff obligation of confidentiality];

(m) respecting fees, including rules

(i) establishing fees that may be charged by the tribunal for providing services, other than services for which fees are established by regulation under section 93 (2) (d) [power to make regulations],

(ii) authorizing the tribunal to waive fees applicable under this Act for a person who cannot afford the fees, and

(iii) authorizing the tribunal to direct the refund of fees under this Act in circumstances established by the rules;

(n) rules respecting any other matter for which rules are contemplated by this Act.

(3) Where a provision of subsection (2) describes a specific matter as being included as part of the authority under that subsection, the inclusion must not be read as limiting the authority of the general description of that authority.

(4) Rules for the tribunal may be different for different classes of disputes, claims, issues and circumstances, as established by the rules.

Practice directives

63  (1) The chair may issue practice directives consistent with this Act, the rules and the regulations.

(2) The tribunal is not bound by the practice directives in the exercise of its powers or the performance of its duties.

Not in Force

64-66  [Not in force.]

Part 8 — Tribunal Membership and Administration

Division 1 — Appointment of Tribunal Members and Other Staff

Tribunal chair

67  (1) The Lieutenant Governor in Council may, after a merit-based process, appoint the chair of the tribunal.

(2) The term of office for the chair must be at least 3 years and not more than 5 years, and the appointment must be on a full-time basis.

(3) The Lieutenant Governor in Council may reappoint the chair for additional terms.

Vice chairs and other members of the tribunal

68  (1) The Lieutenant Governor in Council may, after a merit-based process and after consultation with the chair, appoint one or more vice chairs of the tribunal.

(2) The Lieutenant Governor in Council may, on the recommendation of the chair after a merit-based process, appoint one or more other tribunal members.

(3) The term of office for the initial appointment of a tribunal member under this section must be at least 2 years and not more than 4 years.

(4) The Lieutenant Governor in Council may reappoint a tribunal member appointed under this section, after a merit-based process, for additional terms of not more than 5 years.

(5) An appointment under this section may be on a full-time basis or part-time basis.

Temporary tribunal members

69  (1) Subject to this section, if the tribunal requires additional members, the chair may appoint as a temporary tribunal member a person who would otherwise be qualified for appointment as a tribunal member.

(2) The chair must comply with any conditions and qualifications established under subsection (5).

(3) The term of office for a temporary tribunal member's appointment under this section must not be more than 6 months, and the appointment may be on a full-time basis or part-time basis.

(4) A person may be appointed under this section only twice in any 2-year period.

(5) The Lieutenant Governor in Council may establish conditions and qualifications for appointments under this section.

Acting chair if chair absent or incapacitated

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

(2) Despite subsection (1), if the chair is absent or incapacitated for an extended period, the minister may designate a vice chair as the acting chair for the period that the chair is absent or incapacitated.

(3) If there is authority to make a designation under subsection (1) or (2) but

(a) there is no vice chair, or

(b) there is a vice chair but the vice chair is not willing or able to act as chair,

the chair or minister, as applicable, may designate another tribunal member as the acting chair.

(4) A person designated under this section has all the powers and may perform all the duties of the chair.

Acting chair if no chair appointed

71  (1) If the tribunal has no chair, the Lieutenant Governor in Council may appoint a tribunal member, or an individual who would otherwise be qualified for appointment as a tribunal member, as the acting chair for a term of not more than 6 months.

(2) In exceptional circumstances, an individual may be reappointed as the acting chair under subsection (1) for an additional term of not more than 6 months.

(3) A person appointed under this section has all the powers and may perform all the duties of the chair.

Member's absence or incapacitation

72  (1) If a tribunal member appointed under section 68 [vice chairs and other members]

(a) expects to be absent for an extended period, or

(b) is absent or incapacitated for an extended period,

the Lieutenant Governor in Council may, after consultation with the chair, appoint another person, who would otherwise be qualified for appointment as a tribunal member, to replace the tribunal member until the member returns to full duty or the member's term expires, whichever comes first.

(2) The appointment of a person under subsection (1) is not affected by the tribunal member returning to less than full duty.

Powers after resignation or expiry of term

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

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

(3) If an individual performs duties under subsection (1), section 75 [remuneration and benefits for members] applies.

Termination for cause

74  The Lieutenant Governor in Council may not terminate the appointment of the chair, a vice chair or another tribunal member except for cause.

Remuneration and benefits for members

75  (1) The minister must, in accordance with the general directives of the Treasury Board, set the remuneration for tribunal members.

(2) In accordance with the general directives of the Treasury Board, tribunal members must be reimbursed for reasonable travelling and out-of-pocket expenses necessarily incurred in carrying out their duties.

Other tribunal officers

76  Employees necessary to carry out the powers and duties of the tribunal may be appointed under the Public Service Act.

Other persons engaged or retained by tribunal

77  (1) The chair may engage or retain consultants or specialists the tribunal considers necessary to exercise the powers and perform the duties of the tribunal under this Act and may determine their remuneration.

(2) Without limiting subsection (1), the chair may engage or retain persons to conduct facilitated dispute resolution services.

(3) The Public Service Act does not apply to a person engaged or retained under this section.

Division 2 — Tribunal Organization and Operations

Authority of chair

78  (1) The chair is responsible for the effective management and operation of the tribunal and for the organization and allocation of work among the tribunal members.

(2) Without limiting the authority of the chair, the chair may do any or all of the following:

(a) establish divisions of the tribunal for the purpose of providing efficient and effective dispute resolution services in accordance with the mandate of the tribunal or providing expertise in relation to particular subject matters;

(b) establish a code of practice and performance expectations for tribunal members;

(c) establish templates that are to be used by tribunal members in preparing orders, final decisions and formal written reasons;

(d) establish a process for receiving and dealing with complaints from the public respecting the tribunal.

Not in force

79-82  [Not in force.]

Division 3 — Tribunal Duties and Protection

Tribunal member duties

83  Tribunal members must faithfully, honestly and impartially perform their duties.

Immunity protection

84  (1) In this section:

"protected function" means

(a) the consideration of requests for tribunal resolution,

(b) the case management phase in relation to a dispute, or

(c) a tribunal hearing in relation to a dispute;

"protected person" means a tribunal member, a case manager or other tribunal officer, or a person conducting a facilitated dispute resolution process.

(2) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against a protected person, the tribunal or the government because of anything done or omitted

(a) in the exercise or intended exercise of any power under this Act in relation to a protected function, or

(b) in the performance or intended performance of any duty under this Act in relation to a protected function.

(3) Subsection (2) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

Part 9 — General

Division 1 — Information and Confidentiality

Not in force

85-86  [Not in force.]

Tribunal members and staff obligation of confidentiality

87  Except in the performance of their duties under this Act,

(a) a tribunal officer,

(b) a person acting on behalf of or under the direction of a tribunal officer, or

(c) a person engaged or retained to provide facilitated dispute resolution services

must not disclose to any person confidential information obtained in the discharge of those duties.

Not in force

88-90  [Not in force.]

Division 2

Not in force

91-92  [Not in force.]

Division 3 — Regulations

Power to make regulations

93  (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) prescribing rules of practice and procedure for the tribunal;

(b) repealing or amending a rule made by the tribunal;

(c) respecting circumstances and determination of the applicable date for purposes of section 14 [running of time under Limitation Act postponed];

(d) prescribing fees that are to be paid under this Act for services provided by the tribunal;

(e) in relation to Part 1 [Small Claims Matters] of the Schedule, establishing a monetary limit for the purposes of section 1 (3) [small claims limit on amount or value] of the Schedule;

(f) in relation to Part 2 [Strata Property Matters] of the Schedule,

(i) prescribing classes of claims that are excluded from the jurisdiction of the tribunal, or

(ii) prescribing classes of orders that may not be made by the tribunal in relation to strata property matters;

(g) in relation to Part 3 [Other Matters that May Be Brought to the Tribunal] of the Schedule,

(i) establishing restrictions and requirements in relation to claims that are prescribed as being within the jurisdiction of the tribunal under that Part, and

(ii) establishing the time limit that applies in relation to judicial review of a final decision resolving a claim of the prescribed class;

(h) respecting any other matter for which regulations are contemplated by this Act.

(2.1) Section 60 (1) (a), (b) and (g) to (i) and (2) [power to make regulations] of the Administrative Tribunals Act applies to the tribunal.

(3) Regulations of the Lieutenant Governor in Council under this Act may be different for different classes of disputes, claims, issues and circumstances, as established by the regulations.

(4) In addition to the authority under subsection (3), regulations of the Lieutenant Governor in Council in relation to Part 2 [Strata Property Matters] of the Schedule may be different for different classes of strata lots and strata corporations, as established by the regulations.

Consequential Amendments

[Note: See Table of Legislative Changes for the status of sections 94 to 110.]

Section(s) Affected Act
94   Freedom of Information and Protection of Privacy Act
95-105   Strata Property Act
106-110   Strata Property Amendment Act, 2009

Amendments to this Act

[Note: See Table of Legislative Changes for the status of section 111.]

Section(s)   Affected Act
111   Civil Resolution Tribunal Act

Commencement

112  This Act comes into force by regulation of the Lieutenant Governor in Council.

Schedule

[Not in force.]