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This Act is current to August 14, 2019
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Civil Resolution Tribunal Act

[SBC 2012] CHAPTER 25

Assented to May 31, 2012

Contents
Part 1 — Definitions and Tribunal Mandate
Division 1 — Definitions and Interpretation
1Definitions and interpretation
Division 2 — Tribunal Mandate
2Civil Resolution Tribunal mandate and role
2.1General authority of tribunal — claim categories
3Repealed
Part 1.1
Division 1
3.1Repealed
3.2-3.4Not in force
Division 2-4
3.5-3.8Repealed
Part 2 — How to Bring a Matter to the Tribunal
Division 1 — Initiating a Claim
4Asking the tribunal to resolve a claim
5Use of online dispute resolution services may be required before request accepted
6Initiating notice
7Giving and responding to initiating notice
8Repealed
9Government as party
10Claims to be resolved must be within tribunal authority
11General authority for tribunal to refuse to resolve claim or dispute
12Repealed
12.1Repealed
12.2Not in force
12.3Repealed
Division 2 — Limitation Period
13Limitation period
13.1Limitation period does not run after request for tribunal resolution
13.2Time limit — certain claims brought or continued in court
13.3Time limit — court determination about matters within jurisdiction of tribunal
13.4Time limit — suspension during certain court processes
14Repealed
Division 3 — Relationship with Other Proceedings
14.1Repealed
15Restrictions in relation to court and other proceedings — when tribunal proceeding starts
16Repealed
16.1Court must stay or dismiss certain proceedings
16.2Court may order that tribunal not adjudicate claim
16.3Considerations in the interest of justice and fairness
16.4Bringing or continuing claim in court
Part 3 — Tribunal Proceedings Generally
17Tribunal proceeding processes
18Nature of tribunal proceeding
19Use of electronic communication tools
20General rule that parties to represent themselves
20.1Lawyer representation in respect of accident claims
21Repealed
22Parties may request consent dismissal order
Part 4 — Case Management Phase
Division 1 — Case Manager Responsibilities
23Case manager role
24Case managers assigned to dispute
Division 2 — Facilitated Settlement
25Dispute resolution services that may be used
26Consent resolution orders if parties resolve issues or claims by agreement
27Case manager may provide neutral evaluation of dispute
28Case manager may make recommendation for resolution if parties consent
29Case manager may act as tribunal in providing direct resolution if parties agree
30Unresolved claims in dispute proceed to tribunal hearing
Division 3 — Preparation for Tribunal Hearing
31Addition of appropriate parties
32Preparation of case and evidence
33Party may prepare summons to require other persons to provide evidence
34Tribunal may require persons to provide evidence
Division 4 — Referral of Matters to Tribunal
35Referral to tribunal if claim has no reasonable likelihood of success
36Referral to tribunal for non-compliance
37Cancellation of final decision or dismissal order under section 36
Part 5 — Tribunal Resolution
Division 1 — Tribunal Hearings
38General tribunal authority in conducting hearings
39How tribunal hearings are conducted
40Notice of hearing
41Consent resolution orders if parties resolve issues or claims by agreement
42Evidence in tribunal hearing
43Repealed
44Recording tribunal proceedings
45Referral back to case management phase
Division 2 — Final Decision Resolving Dispute
46Tribunal must give final decision following hearing
47Notice of final decision
48Order giving effect to final decision
48.1Repealed
49Order for payment of expenses
50When final decision is effective
51Amendment of final decision or order to clarify
Division 3 — Tribunal Authority If Party Does Not Participate
52Tribunal may hear or dismiss claims or dispute if party does not participate
53Cancellation of final decision or dismissal order made in absence of party
Division 4
54-56Repealed
Division 5 — Objection to Tribunal Small Claim Decision
56.1Notice of objection renders decision non-binding
56.2Tribunal must certify parties have completed tribunal process
56.3Deposit for claims previously adjudicated by civil resolution tribunal
56.4Disclosing the final decision of the tribunal
Division 6
56.5Repealed
Part 5.1 — Judicial Review of Tribunal Decisions
56.6Time limit for application for judicial review of tribunal decisions
56.7Standard of review
Part 6 — Enforcement of Tribunal Orders
57Enforcement by filing in Supreme Court
58Enforcement by filing in Provincial Court
58.1Enforcement of small claims decisions
58.2Enforcement of tribunal decision by other person
59Cancellation of tribunal order
60Enforcement of tribunal orders by proceeding for contempt
Part 7 — Tribunal Powers and Procedures
61General tribunal authority in relation to tribunal proceeding
62Rules of practice and procedure for tribunal proceedings
63Practice directives
64Authority to correct decisions and orders
65Authority of tribunal members and panels
66Authority to administer oaths
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
73.1Validity of tribunal acts
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
79Chair may establish panels
80Assignment of case managers and tribunal panels
81Service improvement surveys
82Annual report by chair
Division 3 — Tribunal Duties and Protection
83Tribunal member duties
84Immunity protection
Part 9 — General
Division 1 — Information and Confidentiality
85Publication of tribunal orders and other information
86Protection of personal information
87Tribunal members and staff obligation of confidentiality
88General rule: tribunal may not be required to testify or produce evidence
89Confidentiality of online and facilitated settlement information
90Application of Freedom of Information and Protection of Privacy Act
Division 1.1 — Clustering
90.1Tribunal may be clustered with other tribunals
Division 2 — Offences
91General offence provision of Offence Act does not apply
92Offence for providing false or misleading information
Division 3 — Regulations
93Power to make regulations
94-110 Consequential Amendments
111 Amendments to this Act
112Repealed
Part 10 — Tribunal Jurisdiction
Division 1 — General
113Restricted authority of tribunal
114Limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code
115Exclusive jurisdiction of tribunal — privative clause
116Specialized expertise of tribunal
Division 2 — Referenced Claims
117Jurisdiction provided for in another enactment
Division 3 — Tribunal Small Claims
118Claims within jurisdiction of tribunal for tribunal small claims
119Claims beyond jurisdiction of tribunal for tribunal small claims
Division 4 — Strata Property Claims
120Meaning of words and expressions in Division — strata property claims
121Claims within jurisdiction of tribunal for strata property claims
122Claims beyond jurisdiction of tribunal for strata property claims
123Orders available in strata property claims
123.1Transition — appeal of certain strata property claims
Division 5Cooperative Association Claims
124Meaning of words and expressions in Division — cooperative association claims
125Claims within jurisdiction of tribunal for cooperative association claims
126Claims beyond jurisdiction of tribunal for cooperative association claims
127Orders available in cooperative association claims
Division 6Society Claims
128Meaning of words and expressions in Division — society claims
129Claims within jurisdiction of tribunal for society claims
130Claims beyond jurisdiction of tribunal for society claims
131Orders available in society claims
Division 7Accident Claims
132Definitions for Division — accident claims
133Claims within jurisdiction of tribunal for accident claims
134Claims beyond jurisdiction of tribunal for accident claims
135Matters relating to tribunal limit amount
136Transition — claims in relation to accidents
137Commencement
Schedule

Part 1 — Definitions and Tribunal Mandate

Division 1 — Definitions and Interpretation

Definitions and interpretation

1   (1) In this Act:

"accident claim" means a claim over which the tribunal has jurisdiction under Division 7 [Accident Claims] of Part 10 [Tribunal Jurisdiction];

"applicable Act" means the enactment referred to in section 2.1 in relation to a claim category;

"case management" means the part of a tribunal proceeding for a dispute that is conducted under Part 4 [Case Management Phase];

"case manager" means a tribunal member or other tribunal officer assigned responsibility in relation to Part 4 [Case Management Phase];

"chair" means the chair of the tribunal appointed under section 67 [tribunal chair];

"child" means a person who is under 19 years of age;

"claim" includes any matter that may be resolved by the tribunal;

"claim category" means a category of claims referred to in section 2.1;

"consent resolution order" means an order of the tribunal under

(a) section 26 [consent resolution orders if parties resolve issues or claims by agreement — case management phase], or

(b) section 41 [consent resolution orders if parties resolve issues or claims by agreement — tribunal hearing phase];

"constitutional question" means any question that requires notice to be given under section 8 [Attorney General to be given notice of certain constitutional questions] of the Constitutional Question Act;

"continue" includes the continuation or the transfer, as the case may be, of a claim in a court;

"cooperative association claim" means a claim over which the tribunal has jurisdiction under Division 5 [Cooperative Association Claims] of Part 10;

"court" means the Supreme Court or Provincial Court having jurisdiction;

"default" includes the following circumstances:

(a) if a party fails to comply with section 7 [giving and responding to initiating notice];

(b) if section 36 [referral to tribunal for non-compliance] or section 52 [tribunal may hear or dismiss claims or dispute if party does not participate] applies;

"dismissal order" means an order of the tribunal under

(a) section 22 [parties may request consent dismissal order],

(b) section 35 (2) (a) [order dismissing claim that is an abuse of process],

(c) section 36 (3) (b) [order dismissing claim of non-compliant party in case management phase], or

(d) section 52 (1) (b) [order dismissing claim if party does not participate in tribunal hearing];

"dispute" means the claims that are to be resolved in a single tribunal proceeding;

"electronic" means created, recorded, transmitted or stored in digital or other intangible form by electronic, magnetic or optical means or by any other similar means;

"electronic communication tools" includes a computer program, or other electronic means, used by way of the internet or otherwise, to initiate an activity or to respond to electronic information, records or activities in whole or in part without review by an individual at the time of the activity or response;

"exclusive jurisdiction" means the jurisdiction of the tribunal in respect of certain claims, under section 115 [exclusive jurisdiction of tribunal — privative clause];

"facilitated settlement" means dispute resolution services provided under Division 2 [Facilitated Settlement] of Part 4 [Case Management Phase];

"final decision" means

(a) a decision of the tribunal under section 46 (1) (a) [final decision following tribunal hearing] resolving the claims in a dispute,

(b) a decision of the tribunal by way of a consent resolution order, or

(c) a decision of the tribunal by way of a dismissal order;

"formal written reasons", in relation to a final decision of the tribunal, means written reasons that are identified in the reasons as being formal written reasons of the tribunal;

"initiating notice" means the notice given under section 6 (1) [initiating notice] by the tribunal to the initiating party;

"initiating party" means the person who made the initial request for tribunal resolution under section 4 [asking the tribunal to resolve a claim] with respect to a dispute;

"legally binding process" means a court proceeding or other process for seeking a remedy that provides a legally binding decision respecting a claim;

"online dispute resolution services" means dispute resolution services that are provided by way of electronic communication tools and are intended to assist parties in resolving a dispute by agreement without direct assistance from a tribunal officer or person engaged or retained by the tribunal to provide facilitated settlement;

"order giving effect to a final decision" means a tribunal order under section 46 (1) (c) [order giving effect to final decision following hearing];

"participate", in relation to a tribunal hearing, includes participation in the hearing through the means referred to in section 39 [how tribunal hearings are conducted] that apply to the hearing;

"party" means an initiating party or a responding party;

"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act;

"practice directive" means a practice directive under section 63 [practice directives];

"referenced claim" means a claim over which the tribunal has jurisdiction under Division 2 [Referenced Claims] of Part 10;

"refusal", in relation to a claim or dispute, means a refusal by the tribunal under

(a) section 11 [general authority for tribunal to refuse to resolve claim or dispute], or

(b) section 36 (3) (c) [tribunal may refuse to resolve claim if party does not comply];

"request for tribunal resolution" means a request under section 4 [asking the tribunal to resolve a claim];

"responding party" means a person who makes a response under section 7 [response];

"rules" means the rules of practice and procedure established under this Act for the tribunal;

"society claim" means a claim over which the tribunal has jurisdiction under Division 6 [Society Claims] of Part 10;

"specialized expertise" means the expertise that the tribunal is to be considered to have in respect of certain claims, under section 116 [specialized expertise of tribunal];

"strata property claim" means a claim over which the tribunal has jurisdiction under Division 4 [Strata Property Claims] of Part 10;

"tribunal" means the Civil Resolution Tribunal referred to in section 2 [Civil Resolution Tribunal mandate and role];

"tribunal member" means

(a) the chair,

(b) a vice chair or other tribunal member appointed under section 68 [vice chairs and other members], or

(c) a temporary tribunal member appointed under section 69 [temporary tribunal members];

"tribunal officer" means a tribunal member or a person appointed under section 76 [other tribunal officers];

"tribunal small claim" means a claim over which the tribunal has jurisdiction under Division 3 [Tribunal Small Claims] of Part 10, but does not include any other claim category;

"validated", in relation to orders and final decisions of the tribunal, means validated in accordance with the rules;

"vice chair" means a person appointed as a vice chair of the tribunal under section 68 (1) [vice chairs].

(2) A claim that may be either a tribunal small claim or a claim in another claim category within the jurisdiction of the tribunal is to be adjudicated as the claim category that is not a tribunal small claim.

(3) For the purposes of this Act, the tribunal has exclusive jurisdiction in respect of a claim if the claim is in a claim category in respect of which the applicable Division of Part 10 provides that the tribunal has exclusive jurisdiction.

(4) For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of a claim if the claim is in a claim category in respect of which the applicable Division of Part 10 provides that the tribunal is to be considered to have specialized expertise.

Division 2 — Tribunal Mandate

Civil Resolution Tribunal mandate and role

2   (1) The Civil Resolution Tribunal is established, consisting of the chair and other tribunal members appointed in accordance with this Act.

(2) The mandate of the tribunal is to provide dispute resolution services in relation to matters that are within its authority, in a manner that

(a) is accessible, speedy, economical, informal and flexible,

(b) applies principles of law and fairness, and recognizes any relationships between parties to a dispute that will likely continue after the tribunal proceeding is concluded,

(c) uses electronic communication tools to facilitate resolution of disputes brought to the tribunal, and

(d) accommodates, so far as the tribunal considers reasonably practicable, the diversity of circumstances of the persons using the services of the tribunal.

(3) In fulfilling its mandate, the role of the tribunal is

(a) to encourage the resolution of disputes by agreement between the parties, and

(b) if resolution by agreement is not reached, to resolve the dispute by deciding the claims brought to the tribunal by the parties.

(4) In addition to its responsibilities in relation to disputes brought to the tribunal for resolution, the tribunal may

(a) provide the public with information on dispute resolution processes generally, and

(b) make its online dispute resolution services available to the public generally.

General authority of tribunal — claim categories

2.1   The tribunal may, in accordance with this Act, adjudicate the following claim categories:

(a) claims in relation to a relevant enactment, under Division 2 [Referenced Claims] of Part 10 [Tribunal Jurisdiction];

(b) claims in relation to the Small Claims Act, under Division 3 [Tribunal Small Claims] of Part 10;

(c) claims in relation to the Strata Property Act, under Division 4 [Strata Property Claims] of Part 10;

(d) claims in relation to the Cooperative Association Act, under Division 5 [Cooperative Association Claims] of Part 10;

(e) claims in relation to the Societies Act, under Division 6 [Society Claims] of Part 10;

(f) claims in respect of accidents, as defined in section 132 [definitions for Division — accident claims], under Division 7 [Accident Claims] of Part 10.

Repealed

3   [Repealed 2015-16-2.]

Part 1.1

Division 1

Repealed

3.1   [Repealed 2018-17-5.]

Not in force

3.2-3.4   [Not in force.]

Division 2-4

Repealed

3.5-3.8   [Repealed 2018-17-5.]

Part 2 — How to Bring a Matter to the Tribunal

Division 1 — Initiating a Claim

Asking the tribunal to resolve a claim

4   (1) A person who has a claim that is within the jurisdiction of the tribunal may, in accordance with this Part, make a request to the tribunal asking the tribunal to resolve the claim.

(1.1) A person may not make a request for tribunal resolution if

(a) the applicable Act in respect of the claim describes a class of persons who may make a request for tribunal resolution, and

(b) the person is not in the described class of persons.

(2) A request for tribunal resolution must be made

(a) in a manner required or authorized under the rules, and

(b) with payment of any applicable fees for the case management phase and the tribunal hearing phase.

(3) [Repealed 2018-17-6.]

Use of online dispute resolution services may be required before request accepted

5   If required under the rules, before a person makes a request for tribunal resolution, the person must attempt to resolve the dispute using online dispute resolution services provided by the tribunal.

Initiating notice

6   (1) On receiving a request for resolution, the tribunal must give the initiating party an initiating notice if, on initial review,

(a) the claim appears to be within the jurisdiction of the tribunal,

(b) the request for resolution appears, on its face, to disclose a reasonable claim, and

(c) the claim meets all of the other requirements under this Act.

(1.1) The tribunal may give an amended initiating notice.

(2) If the tribunal decides to give an initiating notice under subsection (1), this decision has no binding effect and, for certainty, does not preclude a subsequent decision by the tribunal not to resolve the claim under section 11 [general authority for tribunal to refuse to resolve claim or dispute].

(3) If the tribunal decides not to give an initiating notice under subsection (1), the tribunal must notify the initiating party and, on request, give reasons.

Giving and responding to initiating notice

7   (1) The tribunal may resolve a claim only if the initiating party serves, or is deemed to have served, in accordance with the rules, a copy of the initiating notice to all persons against whom the claim is made.

(2) On being served, or being deemed to have been served, with an initiating notice, a person must make a response in accordance with the rules.

(3) If none of the persons served, or deemed to have been served, with an initiating notice make a response within the time required by the rules, the tribunal

(a) must give the initiating party notice that none of the persons served, or deemed to have been served, made a response, and

(b) may, subject to sections 10 [claims to be resolved must be within tribunal authority], 11 (1) [general authority for tribunal to refuse to resolve claim or dispute] and 37 [cancellation of final decision or dismissal order under section 36], proceed to adjudicate the dispute in accordance with any applicable rules.

(4) If one or more of the persons served, or deemed to have been served, with an initiating notice make a response within the time required by the rules, the tribunal may do one of the following:

(a) determine under section 10 (1) that the tribunal does not have jurisdiction over the claim;

(b) refuse to resolve the claim under section 11 (1);

(c) proceed to the case management phase.

Repealed

8   [Repealed 2015-16-5.]

Government as party

9   (1) The government may not be a party to a tribunal proceeding unless the tribunal proceeding is in relation to

(a) a claim over which the tribunal has exclusive jurisdiction,

(b) an accident claim, or

(c) a claim in a class of claims that is prescribed by regulation.

(2) If the government is a responding party to a tribunal proceeding referred to in subsection (1), the Crown Proceeding Act applies.

Claims to be resolved must be within tribunal authority

10   (1) The tribunal must refuse to resolve a claim that it considers is not within the jurisdiction of the tribunal.

(2) A claim that involves

(a) one or more issues that are within the tribunal's jurisdiction, and

(b) one or more issues that are not within the tribunal's jurisdiction

may be amended to remove the issues that are not within the tribunal's jurisdiction.

General authority for tribunal to refuse to resolve claim or dispute

11   (1) The tribunal may refuse to resolve a claim or a dispute within its jurisdiction if it considers that any of the following apply:

(a) the claim or the dispute

(i) would be more appropriate for another legally binding process or dispute resolution process, or

(ii) has been resolved through a legally binding process or other dispute resolution process;

(b) the request for resolution does not disclose a reasonable claim or is an abuse of process;

(c) issues in the claim or the dispute are too complex for the dispute resolution process of the tribunal or otherwise impractical for the tribunal to case manage or resolve;

(d) resolving the claim or the dispute may involve a constitutional question or the application of the Human Rights Code;

(e) the tribunal is satisfied that it has been established, on the basis of satisfactory evidence, that the claim or the dispute is beyond the jurisdiction of the tribunal.

(2) The tribunal may exercise authority under this section

(a) at the time of considering a request for tribunal resolution, or

(b) in the case of a request that has been accepted, at any time before the tribunal makes the final decision resolving the dispute.

(3) If the tribunal refuses to resolve a dispute under this section, it must notify the person making the request or the parties, as applicable, of the refusal and the reason for the refusal.

(4) If the tribunal refuses to resolve a dispute under this section after the tribunal proceeding respecting the dispute has started, section 15 [restrictions in relation to court and other proceedings — when tribunal proceeding starts] no longer applies in relation to the claims that were to be resolved by the tribunal proceeding.

Repealed

12   [Repealed 2015-16-8.]

Repealed

12.1   [Repealed 2018-17-11.]

Not in force

12.2   [Not in force.]

Repealed

12.3   [Repealed 2018-17-11.]

Division 2 — Limitation Period

Limitation period

13   The Limitation Act applies to a claim, and, for that purpose,

(a) a reference to a claim in that Act is deemed to include a claim under this Act, and

(b) a reference to a court proceeding in that Act is deemed to include a tribunal proceeding.

Limitation period does not run after request for tribunal resolution

13.1   The basic limitation period and the ultimate limitation period under the Limitation Act that are applicable to a claim do not run after a request is made under section 4 [asking the tribunal to resolve a claim] of this Act for the tribunal to resolve the claim.

Time limit — certain claims brought or continued in court

13.2   Unless the court orders otherwise, a party may not bring or continue a claim in a court, which claim may be brought or continued under section 16.4 (1) [bringing or continuing claim in court], more than 28 days after whichever of the following dates is applicable:

(a) the date on which the party receives notice of the tribunal's decision

(i) not to give an initiating notice under section 6 [initiating notice],

(ii) refusing to resolve the claim under

(A) section 10 [claims to be resolved must be within tribunal authority], or

(B) section 11 [general authority for tribunal to refuse to resolve claim or dispute], or

(iii) declining jurisdiction in respect of the claim under section 114 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code];

(b) the date of a court order under section 16.2 [court may order that tribunal not adjudicate claim] that the tribunal not adjudicate the claim;

(c) the date on which the tribunal certifies, under section 56.2 (1) [tribunal must certify parties have completed tribunal process], that the parties have completed the tribunal's process in respect of a tribunal small claim, if a party has made a notice of objection under section 56.1 (1) [notice of objection renders decision non-binding].

Time limit — court determination about matters within jurisdiction of tribunal

13.3   Unless the tribunal or the court orders otherwise, a party may not make a request under section 4 [asking the tribunal to resolve a claim] asking the tribunal to resolve a claim more than 28 days after the date of a court order under section 16.1 [court must stay or dismiss certain proceedings] staying or dismissing, as applicable, a court proceeding under that section.

Time limit — suspension during certain court processes

13.4   A time limit of 28 days established under section 13.2 or 13.3 does not run during the following periods:

(a) from the date a party requests judicial review of a decision of the tribunal until the date of the decision by the court;

(b) from the date a party files a notice of appeal of a court order that relates to the claim until the date of the decision by the court.

Repealed

14   [Repealed 2018-17-13.]

Division 3 — Relationship with Other Proceedings

Repealed

14.1   (1) [Repealed 2018-17-13.]

(2) [Not in force.]

Restrictions in relation to court and other proceedings — when tribunal proceeding starts

15   (1) Subject to this Division, once a tribunal proceeding is started,

(a) a party to the tribunal proceeding may not commence, against another party to the tribunal proceeding, a court proceeding or other legally binding process in relation to an issue or claim that is to be resolved in the tribunal proceeding, and

(b) if a party has already commenced a process referred to in paragraph (a) against another party to the tribunal proceeding, the parties must adjourn or suspend the process while the tribunal proceeding is continuing.

(2) For certainty, except as otherwise provided in this Division, nothing in this section operates to prevent a person from commencing or continuing a legally binding process in respect of a claim until a tribunal proceeding respecting the claim is started.

Repealed

16   [Repealed 2015-16-13.]

Court must stay or dismiss certain proceedings

16.1   (1) Subject to subsection (2) and section 16.4 (1) and (2) [bringing or continuing claim in court], if, in a court proceeding, the court determines that all matters are within the jurisdiction of the tribunal, the court must,

(a) in the case of a claim within the exclusive jurisdiction of the tribunal, dismiss the proceeding,

(b) in the case of a claim in respect of which the tribunal is to be considered to have specialized expertise, dismiss the proceeding unless it is not in the interests of justice and fairness for the tribunal to adjudicate the claim, or

(c) in any other case, stay or dismiss the proceeding, as the court considers appropriate, unless it is not in the interests of justice and fairness for the tribunal to adjudicate the claim.

(2) Subject to section 16.4 (1) and (2), if, in a court proceeding, a party alleges that a matter in a proceeding before the court relates to a minor injury within the jurisdiction of the tribunal under section 133 (1) (b) or (c) [claims within jurisdiction of tribunal for accident claims], the court must stay the proceeding until the tribunal determines, as applicable,

(a) in the case of an accident claim under section 133 (1) (b), whether an injury is a minor injury, and

(b) in the case of an accident claim under section 133 (1) (c), unless it is not in the interests of justice and fairness for the tribunal to make the determination, whether a party has established that there is a substantial likelihood that damages will exceed the tribunal limit amount.

(3) For the purposes of subsection (2), "minor injury" and "tribunal limit amount" have the same meaning as in section 132 [definitions for Division — accident claims].

Court may order that tribunal not adjudicate claim

16.2   (1) Subject to subsection (2), the court may order that the tribunal not adjudicate a claim that is or purports to be in one of the claim categories if

(a) the tribunal does not have jurisdiction to adjudicate the claim, or

(b) it is not in the interests of justice and fairness for the tribunal to adjudicate the claim.

(2) Subsection (1) (b) does not apply if the tribunal has exclusive jurisdiction in respect of the claim.

Considerations in the interest of justice and fairness

16.3   (1) For the purposes of sections 16.1 (1) and 16.2 (1), when deciding whether it is in the interests of justice and fairness for the tribunal to adjudicate a claim, the court may consider the following:

(a) whether an issue raised by the claim or dispute is of such importance that the claim or dispute would benefit from being adjudicated by that court to establish a precedent;

(b) whether an issue raised by the claim or dispute relates to a constitutional question or the Human Rights Code;

(c) whether an issue raised by the claim or dispute is sufficiently complex to benefit from being adjudicated by that court;

(d) whether all of the parties to the claim or dispute agree that the claim or dispute should not be adjudicated by the tribunal;

(e) whether the claim or dispute should be heard together with a claim or dispute currently before that court;

(f) whether the use of electronic communication tools in the adjudication process of the tribunal would be unfair to a party in a way that cannot be accommodated by the tribunal.

(2) For the purposes of section 16.1 (2), when deciding whether it is in the interests of justice and fairness for the tribunal to make the determination referred to in that subsection, the court may consider the principle of proportionality.

Bringing or continuing claim in court

16.4   (1) Subject to this section and Division 5 [Objection to Tribunal Small Claim Decision] of Part 5 [Tribunal Resolution], a person may not bring or continue, as the case may be, a claim that is within the jurisdiction of the tribunal as a claim in a court unless one or more of the following apply:

(a) the tribunal decides not to give an initiating notice under section 6 [initiating notice];

(b) the tribunal refuses to resolve the claim under

(i) section 10 [claims to be resolved must be within tribunal authority], or

(ii) section 11 [general authority for tribunal to refuse to resolve claim or dispute];

(c) the court orders under section 16.2 that the tribunal not adjudicate the claim;

(c.1) the tribunal has made a final decision in relation to a tribunal small claim and a party has made a notice of objection under section 56.1 (1) [notice of objection renders decision non-binding];

(d) the tribunal declines jurisdiction in respect of the claim under section 114 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code];

(e) the claim is a counterclaim to a notice of claim or a notice of civil claim, as applicable, filed in the court;

(f) the person is in a class of persons prescribed by regulation.

(2) A person may bring or continue, as the case may be, the following claims as an action in the Supreme Court, even if none of the circumstances referred to in subsection (1) (a) to (f) have occurred:

(a) a tribunal small claim;

(b) an accident claim described in section 133 (1) (c) [claims within jurisdiction of tribunal for accident claims], if all parties consent.

(3) If, in respect of a claim that is otherwise within the jurisdiction of the tribunal, the tribunal

(a) decides not to give an initiating notice solely for the reason that the requirement in section 6 (1) (b) has not been met, or

(b) refuses to resolve the claim solely for the reason described in section 11 (1) (b),

a party must seek judicial review of the decision before the party may file notice of the same claim in court.

Part 3 — Tribunal Proceedings Generally

Tribunal proceeding processes

17   (1) A tribunal proceeding has two phases,

(a) the case management phase, and

(b) the tribunal hearing phase.

(2) In the case management phase, resolution by agreement between the parties is facilitated and preparations are made for the tribunal hearing should one be required.

(3) In the tribunal hearing phase, the dispute is heard and the tribunal gives a final decision to resolve the dispute if it is not resolved in the case management phase.

Nature of tribunal proceeding

18   A tribunal proceeding is to be conducted with as little formality and technicality and with as much speed as permitted by the requirements of this Act, the rules and a proper consideration of the issues in the dispute.

Use of electronic communication tools

19   The tribunal may use electronic communication tools in conducting all or part of a tribunal proceeding, and may require or authorize parties or other persons to use electronic communication tools provided by the tribunal in relation to tribunal proceedings or other dispute resolution services provided by the tribunal.

General rule that parties to represent themselves

20   (1) Unless otherwise provided under this Act, the parties are to represent themselves in a tribunal proceeding.

(2) A party may be represented by a lawyer or another individual with authority to bind the party in relation to the dispute if

(a) the party is a child or a person with impaired capacity,

(b) the rules permit the party to be represented, or

(c) the tribunal, in the interests of justice and fairness, permits the party to be represented.

(3) Without limiting the authority of the tribunal under subsection (2) (c), the tribunal may consider the following as circumstances supporting giving the permission:

(a) another party is represented in the proceeding;

(b) the other parties have agreed to the representation.

(4) A person representing a party in a tribunal proceeding must be a lawyer unless

(a) the rules otherwise permit, or

(b) the tribunal is satisfied that the person being proposed to represent the party is an appropriate person to do this.

(5) In the case of a party that is a corporation, partnership or other form of organization or office with capacity to be a party to a court proceeding, the person acting for the party in the tribunal proceeding must be

(a) a director, officer or partner of the party,

(b) an individual permitted under the rules, or

(c) an individual permitted by the tribunal.

Lawyer representation in respect of accident claims

20.1   Without limiting section 20, a party may, as of right, be represented by a lawyer in a tribunal proceeding in respect of an accident claim.

Repealed

21   [Repealed 2015-16-13.]

Parties may request consent dismissal order

22   (1) On request of all parties to a dispute, made

(a) at any time during the case management phase, or

(b) at any time during the tribunal hearing phase before the tribunal gives its final decision in the dispute,

the tribunal may make an order dismissing some or all claims in the dispute.

(2) A dismissal order under subsection (1) is a final decision of the tribunal resolving the specified claims.

Part 4 — Case Management Phase

Division 1 — Case Manager Responsibilities

Case manager role

23   (1) The role of a case manager is to assist in the resolution of disputes, including by

(a) assisting the parties in reaching resolution by agreement through facilitated settlement as provided in the rules,

(b) reviewing the claims in a dispute and assisting the parties in identifying the facts relevant to resolving the dispute and the issues to be decided,

(c) so far as is practicable, determining the evidence or other information that will assist in resolving a dispute, and

(d) making a recommendation to the tribunal as to the process to be used in hearing the dispute, if the tribunal has jurisdiction to do so.

(2) In the case management phase, facilitated settlement and preparations for a tribunal hearing may be conducted at the same time.

Case managers assigned to dispute

24   (1) The case manager for a dispute may be a tribunal member or other tribunal officer as assigned in accordance with section 80 [assignment of case managers and tribunal panels].

(2) For certainty, more than one tribunal officer may act as case manager in relation to the same dispute.

Division 2 — Facilitated Settlement

Dispute resolution services that may be used

25   (1) A case manager has authority

(a) to determine, in accordance with the rules, which facilitated settlement service is to be used in the case management phase for a particular dispute, and

(b) to require the parties to participate in facilitated settlement services.

(2) Facilitated settlement may be conducted in person, in writing, by telephone, videoconferencing or email, or through use of other electronic communication tools, or by any combination of those means.

Consent resolution orders if parties resolve issues or claims by agreement

26   (1) If, in the case management phase, the parties to a dispute reach a resolution by agreement on any or all of the issues or claims in the dispute, they may ask the case manager to prepare a draft consent resolution order respecting the issues or claims.

(2) If the case manager prepares a draft consent resolution order and the parties agree to the draft order, the order is to be presented to the tribunal for approval as an order of the tribunal.

(3) If the tribunal declines to approve a draft consent resolution order, it must provide the parties with reasons for doing this.

(4) If the tribunal approves the draft consent resolution order, that order becomes a final decision of the tribunal resolving the specified issues or claims.

Case manager may provide neutral evaluation of dispute

27   (1) Subject to the rules, the case manager may provide to the parties either or both of

(a) a non-binding neutral evaluation of the claims in the dispute, and

(b) the case manager's views on how the court or tribunal would likely resolve the dispute if it proceeded to a court or tribunal hearing.

(2) Subject to sections 28 [case manager may make recommendation for resolution if parties consent] and 29 [case manager may act as tribunal if parties consent], neither the parties to a dispute nor the case manager may disclose to the court or tribunal any evaluation or views provided under subsection (1).

Case manager may make recommendation for resolution if parties consent

28   (1) If the parties to a dispute consent, the case manager may make a recommendation to the tribunal as to the final decision resolving the dispute.

(2) A recommendation may be in the form of a draft final decision, or a draft final decision and draft order giving effect to the final decision, for consideration by the tribunal.

(3) In hearing the dispute, the tribunal must consider, but is not required to follow, a recommendation made under this section.

Case manager may act as tribunal in providing direct resolution if parties agree

29   (1) If the case manager for a dispute is a tribunal member, the case manager may, during the case management phase, offer to act as the tribunal in accordance with this section.

(2) If the parties agree to this direct resolution of any or all of the issues or claims in the dispute, the case manager may

(a) act as the tribunal panel in resolving those issues or claims without assignment under section 80 [assignment of case managers and tribunal panel], and

(b) proceed to resolve the issues or claims under Division 2 [Final Decision Resolving Dispute] of Part 5 [Tribunal Resolution], but on the basis of the information received by the case manager and without any further case management or hearing.

Unresolved claims in dispute proceed to tribunal hearing

30   If a claim has not been resolved during the case management phase, the claim is to proceed to resolution by tribunal hearing.

Division 3 — Preparation for Tribunal Hearing

Addition of appropriate parties

31   (1) If the case manager considers that one or more other persons should properly be parties to a dispute, the case manager may provide the current parties with an opportunity to have those other persons added as parties in accordance with the rules and with any directions by the case manager.

(2) and (3) [Repealed 2015-16-20.]

Preparation of case and evidence

32   (1) For the purposes of preparing the dispute for resolution by the tribunal, the case manager may direct any or all parties to do the following:

(a) provide information respecting

(i) the issues in the dispute,

(ii) the position of the parties in relation to those issues, and

(iii) the resolution that is being requested;

(b) provide evidence respecting a matter that is relevant to an issue in the dispute, including requiring the evidence to be provided on oath or affirmation or in a manner authorized under the rules;

(c) produce a record or other thing in the party's possession or control that is relevant to an issue in the dispute;

(d) prepare an agreed statement of facts;

(e) arrange for the preparation of expert evidence, including

(i) by requiring the parties to do this jointly,

(ii) by limiting the number of experts a party may call, or

(iii) by limiting the giving of expert evidence in respect of one or more issues in a claim to an expert appointed by the tribunal.

(2) The tribunal may make an order requiring compliance with a direction under this section.

Party may prepare summons to require other persons to provide evidence

33   (1) A party to a dispute may prepare and serve a summons, in a form authorized by the rules, requiring a person

(a) to provide evidence that is relevant to an issue in the dispute, on oath or affirmation or in a manner authorized under the rules, by attending or participating in the tribunal hearing or by providing the evidence for use in the tribunal hearing, or

(b) to produce, for the tribunal, the summoning party or another party, a record or other thing that is relevant to an issue in the dispute and is in the person's possession or control.

(2) The authority under subsection (1) may not be exercised in relation to evidence that is inadmissible under section 42 (2) [restriction on admitting privileged evidence].

(3) Subject to an order under section 34 (1) (f) [tribunal may require persons to provide evidence — allocation of expenses], the party that served a summons under this section is responsible for the expenses and witness fees that are payable in relation to the summons.

(4) A summons under this section may be cancelled by the tribunal in accordance with the rules.

Tribunal may require persons to provide evidence

34   (1) The tribunal may, at any time during the case management phase or tribunal hearing phase for a dispute, make orders as follows:

(a) requiring a party to prepare and serve a summons under section 33 [party may prepare summons to require other persons to provide evidence];

(b) requiring a person to comply with a summons served by a party under section 33;

(c) requiring a person to provide evidence that is relevant to an issue in the dispute, including by requiring evidence to be provided on oath or affirmation or in a manner authorized under the rules;

(d) requiring a person to produce a record or other thing that is relevant to an issue in the dispute and is in the person's possession or control;

(e) in the case of an order directed at an organization, requiring any directors or officers of the organization to cause the organization to comply with the order;

(f) making a party responsible for, or allocating between the parties responsibility for, the expenses and witness fees that are payable in relation to an order under paragraph (c) or (d) or a summons under section 33.

(2) The authority under subsection (1) may not be exercised in relation to evidence that is inadmissible under section 42 (2) [restriction on admitting privileged evidence].

Division 4 — Referral of Matters to Tribunal

Referral to tribunal if claim has no reasonable likelihood of success

35   (1) At any time in the case management phase, if the case manager considers that a claim in a dispute has no reasonable likelihood of success or gives rise to an abuse of process, the case manager may,

(a) if the case manager is a tribunal member, exercise tribunal authority under this section without assignment under section 80 [assignment of case managers and tribunal panels], and

(b) in any case, refer the claim to the tribunal.

(2) If a claim is to be dealt with under this section, the tribunal must review the claim in accordance with the rules and may, following the review,

(a) make an order dismissing the claim if the tribunal considers that the claim is frivolous, vexatious or an abuse of process, or

(b) direct that the claim is to continue to be dealt with by the tribunal proceeding.

(3) The tribunal must give reasons for dismissing a claim under subsection (2) (a).

(4) If the reasons provided under subsection (3) are not formal written reasons, the party whose claim has been dismissed may request that the tribunal provide formal written reasons for the decision, in which case the tribunal must provide those reasons within the time period established by the rules.

(5) A dismissal order under subsection (2) (a) may include a requirement for payment, as described in section 49 [order for payment of expenses], by the party who made the claim that is being dismissed.

Referral to tribunal for non-compliance

36   (1) This section applies if a party to a dispute fails to comply with any of the following:

(a) this Act or the regulations;

(b) the rules in relation to the case management phase for the dispute, including any time limits specified for taking actions;

(c) an order of the tribunal made during the case management phase.

(2) The case manager may, after giving notice to the non-compliant party, refer the dispute to the tribunal for resolution.

(3) If a dispute is referred to the tribunal under this section, the tribunal may

(a) proceed to hear the dispute in accordance with any applicable rules,

(b) make an order dismissing a claim in the dispute that is made by the non-compliant party, or

(c) refuse to resolve a claim of the non-compliant party or refuse to resolve the dispute.

(4) If the tribunal makes a dismissal order under subsection (3) (b),

(a) the tribunal must give reasons for the order, and

(b) the order may include a requirement for payment, as described in section 49 [order for payment of expenses], by the party referred to in subsection (1).

(5) If the reasons provided under subsection (4) (a) are not formal written reasons, the party whose claim was dismissed may request that the tribunal provide formal written reasons for the decision, in which case the tribunal must provide those reasons within the time period established by the rules.

(6) If the tribunal refuses under subsection (3) (c) to resolve a claim or the dispute,

(a) section 15 [restrictions in relation to court and other proceedings — when tribunal proceeding starts] ceases to apply in relation to the claim or dispute, as applicable,

(b) any further request for tribunal resolution in relation to a claim that was refused may be made only with leave of the tribunal, and

(c) [Repealed 2015-16-22.]

(d) the tribunal must certify that case management of all of the claims in the dispute is completed.

Cancellation of final decision or dismissal order under section 36

37   (1) If, under section 36 [referral to tribunal for non-compliance], the tribunal makes

(a) a final decision following a hearing, or

(b) a dismissal order respecting a claim of the non-compliant party,

that party may request that the tribunal cancel the final decision or order.

(2) A request under this section must be made in accordance with the rules and with payment of any applicable fee.

(3) The tribunal may, in accordance with the rules, order that the final decision or dismissal order is cancelled if satisfied that the circumstances established by the rules apply, in which case the dispute is to be resolved by continuing the tribunal proceeding.

(4) If a final decision is cancelled under this section, the order giving effect to the final decision is cancelled.

Part 5 — Tribunal Resolution

Division 1 — Tribunal Hearings

General tribunal authority in conducting hearings

38   The procedure for a tribunal hearing in relation to a dispute is at the discretion of the tribunal, subject to this Act and the rules.

How tribunal hearings are conducted

39   (1) In resolving a dispute, the tribunal may conduct a hearing in writing, by telephone, videoconferencing or email, or through use of other electronic communication tools, or by any combination of those means.

(2) It is not necessary for the means of communication referred to in subsection (1) to allow all parties to the dispute to take part at the same time.

(3) The tribunal may hold an in-person hearing if the tribunal considers that the nature of the dispute or that extraordinary circumstances make an in-person hearing necessary in the interests of justice.

(4) Subject to an order under subsection (5), an in-person hearing must be open to the public.

(5) The tribunal may, by order,

(a) impose restrictions on a person's continued participation in or attendance at a tribunal hearing, and

(b) exclude a person from further participation in or attendance at a tribunal hearing until the tribunal orders otherwise.

Notice of hearing

40   The tribunal must give notice to the parties as to the following:

(a) when the tribunal hearing is to be started;

(b) the means by which it is to be conducted;

(c) if applicable, where the hearing is to be conducted;

(d) if applicable, the times by which steps in the hearing are to be completed and by whom;

(e) any other information required to be provided under the rules.

Consent resolution orders if parties resolve issues or claims by agreement

41   (1) If, in the tribunal hearing phase, the parties to a dispute reach a resolution by agreement on any or all of the issues or claims in the dispute, they may ask the tribunal to approve a consent resolution order respecting the issues or claims.

(2) If the tribunal approves the consent resolution order, that order is a final decision of the tribunal resolving the specified issues or claims.

Evidence in tribunal hearing

42   (1) In conducting a hearing, the tribunal may do any or all of the following:

(a) receive, and accept as evidence, information that it considers relevant, necessary and appropriate, whether or not the information would be admissible in a court of law;

(b) ask questions of the parties and witnesses;

(c) inform itself in any other way it considers appropriate.

(2) The tribunal is not bound by the rules of evidence, but may not admit evidence that is inadmissible in a court because of a privilege under the law of evidence or otherwise.

(3) Unless otherwise required under the rules or by the tribunal, evidence to be provided in a tribunal hearing may be provided in electronic form.

(4) Nothing in this section overrides the provisions of this or any other Act that expressly limit the extent to which or purposes for which any oral testimony, information, records or things may be admitted or used in evidence.

Repealed

43   [Repealed 2015-16-23.]

Recording tribunal proceedings

44   (1) The tribunal may make an electronic or other recording of its proceedings or transcribe its proceedings.

(2) The tribunal's recording or transcription of a proceeding must be considered to be correct and to constitute part of the record of the proceeding.

(3) If, by a mechanical or human failure or other accident, the recording or transcription of a proceeding is destroyed, interrupted or incomplete, the validity of the proceeding is not affected.

Referral back to case management phase

45   The tribunal may direct that a dispute be referred back to the case management phase if, in the course of a tribunal hearing,

(a) the tribunal considers that one or more persons should properly be parties to the dispute, or

(b) other circumstances established by the rules apply.

Division 2 — Final Decision Resolving Dispute

Tribunal must give final decision following hearing

46   (1) Following a tribunal hearing, the tribunal must, within the applicable time period, if any, established by the rules,

(a) give its final decision in resolving the claims in the dispute,

(b) give reasons for the decision, and

(c) subject to this Act and the rules, make any order the tribunal considers is required to give effect to the decision.

(2) If an order giving effect to a final decision is given orally, a written record of the order must be given to the parties within the time period established by the rules.

(3) If the reasons provided under subsection (1) (b) are not formal written reasons, a party to the dispute may request that the tribunal provide formal written reasons for the decision, in which case the tribunal must provide those reasons within the time period established by the rules.

(4) The chair may extend a time period that is otherwise applicable under this section.

Notice of final decision

47   The tribunal must, within the applicable time period referred to in section 46 (1) [tribunal must give final decision following hearing],

(a) if the final decision is not given orally, give notice of the final decision to all parties to the dispute, and

(b) in all cases, provide the parties with access to, or a copy of, the final decision and any order giving effect to the final decision.

Order giving effect to final decision

48   (1) The tribunal may make an order giving effect to a final decision on terms and conditions the tribunal considers appropriate.

(2) If an order referred to in subsection (1) includes an order for the payment of money, the order must set out the principal amount payable.

(3) The Court Order Interest Act applies to the tribunal as if it were a court.

(4) The tribunal may make an order varying the terms and conditions of an order giving effect to a final decision, but may not vary the final decision.

(5) In the case of a final decision in a tribunal small claim, the tribunal may not make an order under this section unless both of the following apply:

(a) the time for making a notice of objection under section 56.1 (2) [notice of objection no later than 28 days after party receives decision] has expired;

(b) no notice of objection has been made.

Repealed

48.1   [Repealed 2018-17-20.]

Order for payment of expenses

49   (1) An order under section 48 [order giving effect to final decision] may include a requirement for one party to pay to another party to the dispute some or all of

(a) the fees paid under this Act by the other party in relation to the dispute, and

(b) any other reasonable expenses and charges that the tribunal considers directly relate to the conduct of the proceeding.

(2) For certainty, expenses and charges referred to in subsection (1) (b) include amounts payable under

(a) section 33 (3) [party may prepare summons to require other persons to provide evidence], or

(b) section 34 (1) (f) [tribunal may require persons to provide evidence — allocation of expenses].

(3) A requirement included in an order under subsection (1) may be subject to limits or restrictions prescribed by regulation, which may be different for different classes of claim categories, disputes, claims, issues and circumstances, as established by the regulations.

When final decision is effective

50   Unless otherwise specified by the tribunal, a final decision under section 46 [final decision following hearing] is effective,

(a) in the case of a final decision given orally, when it is given, and

(b) in the case of a final decision given other than orally, on the date that notice is given under section 47 [notice of final decision].

Amendment of final decision or order to clarify

51   (1) Subject to the rules, the tribunal may amend

(a) a final decision under section 46 [final decision following hearing], or

(b) an order giving effect to a final decision

for the purpose of clarifying the decision or order.

(2) The tribunal may not amend a final decision or order referred to in subsection (1) other than as provided under this section, section 48 (4) [order giving effect to final decision — authority to vary terms and conditions] or section 64 [authority to correct decisions and orders].

(3) This section must not be construed as limiting the tribunal's ability, on request of a party, to reopen a tribunal proceeding in order to cure a jurisdictional defect.

Division 3 — Tribunal Authority If Party Does Not Participate

Tribunal may hear or dismiss claims or dispute if party does not participate

52   (1) If a party does not attend or otherwise participate in a tribunal hearing at a time set for the hearing, the tribunal may

(a) proceed to hear and resolve the dispute in accordance with any applicable rules, or

(b) make an order dismissing a claim in the dispute that is made by the non-participating party.

(2) If the tribunal makes a dismissal order under subsection (1) (b),

(a) the tribunal must give reasons for the order, and

(b) the order may include a requirement for payment, as described in section 49 [order for payment of expenses], by the non-participating party referred to in subsection (1) of this section.

(3) If the reasons provided under subsection (2) (a) are not formal written reasons, the party whose claim was dismissed may request that the tribunal provide formal written reasons for the decision, in which case the tribunal must provide those reasons within the time period established by the rules.

Cancellation of final decision or dismissal order made in absence of party

53   (1) If, under section 52 [tribunal may hear or dismiss claims or dispute if party does not participate], the tribunal makes

(a) a final decision following a hearing, or

(b) a dismissal order respecting a claim of the non-participating party,

that party may request that the tribunal cancel the final decision or order.

(2) A request under this section must be made in accordance with the rules and with payment of any applicable fee.

(3) The tribunal may, in accordance with the rules, cancel the final decision or dismissal order if satisfied that the circumstances established by the rules apply, in which case the dispute is to be resolved by continuing the tribunal proceeding.

(4) If a final decision is cancelled, the order giving effect to the final decision is cancelled.

Division 4

Repealed

54-56   [Repealed 2015-16-26.]

Division 5 — Objection to Tribunal Small Claim Decision

Notice of objection renders decision non-binding

56.1   (1) A party that is given notice of a final decision in relation to a tribunal small claim may make a notice of objection.

(2) A party may not make a notice of objection later than 28 days after the party receives notice of the final decision.

(2.1) Subject to subsection (2), a party may not make a notice of objection if the party has defaulted in the tribunal unless the default is set aside by the tribunal.

(3) If a party makes a notice of objection under this section, the final decision is not binding on any party.

(4) Despite section 58.1 [enforcement of small claims decisions], if a party makes a notice of objection under this section, a final decision of the tribunal is not enforceable.

Tribunal must certify parties have completed tribunal process

56.2   (1) If a party makes a notice of objection in accordance with the rules, the tribunal must certify that the parties have completed the tribunal's process.

(2) A certificate under subsection (1) is conclusive evidence that the parties may bring a tribunal small claim as a claim in the Provincial Court.

Deposit for claims previously adjudicated by civil resolution tribunal

56.3   (1) If the civil resolution tribunal has adjudicated a claim, or made an order for payment of case management expenses, and a person has filed a notice of objection under this Part, the Provincial Court may order that the person make a deposit as a condition of making or defending the claim.

(2) The amount a person is required to deposit must not exceed the total of the following:

(a) an amount prescribed by regulation that is less than or equal to the amount awarded by the civil resolution tribunal against the person;

(b) an amount prescribed by regulation as security for the costs of the other parties.

(3) The Provincial Court may order that a deposit under this section be paid in instalments.

(4) [Repealed 2018-17-23.]

Disclosing the final decision of the tribunal

56.4   If a claim to which this Division applies is brought to the Provincial Court, the parties may disclose the final decision of the tribunal

(a) to a settlement conference judge,

(b) for the purposes of section 56.3 [deposit for claims previously adjudicated by civil resolution tribunal], and

(c) to the trial judge, but only after that judge has given a final decision on the amount to be awarded and only for the purposes of assessing penalties.

Division 6

Repealed

56.5   [Repealed 2018-17-24.]

Part 5.1 — Judicial Review of Tribunal Decisions

Time limit for application for judicial review of tribunal decisions

56.6   Section 57 [time limit for judicial review] of the Administrative Tribunals Act applies to an application for judicial review of a decision of the tribunal under this Act.

Standard of review

56.7   (1) The tribunal must be considered to be an expert tribunal, and section 58 (2) and (3) [standard of review with privative clause] of the Administrative Tribunals Act applies, in relation to an application for judicial review of a final decision of the tribunal in

(a) a claim within the exclusive jurisdiction of the tribunal, or

(b) a claim in respect of which the tribunal is to be considered to have specialized expertise.

(2) Subsection (1) does not apply to an application for judicial review of a final decision of the tribunal that relates to liability in an accident claim described in section 133 (1) (c) [claims within jurisdiction of tribunal for accident claims] of this Act.

(3) Section 59 [standard of review without privative clause] of the Administrative Tribunals Act applies to an application for judicial review of a final decision of the tribunal in a claim other than a claim to which subsection (1) of this section applies.

Part 6 — Enforcement of Tribunal Orders

Enforcement by filing in Supreme Court

57   (1) A final decision of the tribunal in relation to a claim category, other than a tribunal small claim, may be enforced by filing, in the Supreme Court, a validated copy of an order giving effect to the final decision.

(2) An order filed under subsection (1) has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Supreme Court.

Enforcement by filing in Provincial Court

58   (1) A validated copy of an order referred to in section 57 [enforcement by filing in Supreme Court] may be filed in the Provincial Court if

(a) the order is for financial compensation or the return of personal property, and

(b) as applicable,

(i) the principal amount set out under section 48 (2) [order for payment of money], or

(ii) the value of the personal property

is within the monetary limit for claims under the Small Claims Act.

(2) An order filed under subsection (1) has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Provincial Court.

Enforcement of small claims decisions

58.1   (1) A consent resolution order in relation to a tribunal small claim [words not in force] may be enforced by filing, in the Provincial Court, a validated copy of the order.

(2) A final decision of the tribunal in relation to a tribunal small claim may be enforced by filing, in the Provincial Court, a validated copy of the order giving effect to the final decision.

(3) A party may file an order in the Provincial Court under subsection (2) only if both of the following apply:

(a) the time for making a notice of objection has expired;

(b) no notice of objection has been made.

(4) An order filed under this section has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Provincial Court.

Enforcement of tribunal decision by other person

58.2   (1) A final decision of the tribunal in relation to a claim adjudicated by the tribunal may, unless the court orders otherwise, be enforced under this Part by a person who was not a party to the claim if

(a) the claim is a strata property claim, or

(b) the person is within a prescribed class of persons.

(2) If a person referred to in subsection (1) enforces a final decision under subsection (1), the person is deemed to be a party for the purposes of this Act.

(3) Subsection (1) does not apply to a tribunal small claim.

Cancellation of tribunal order

59   If the tribunal cancels under section 37 [cancellation of final decision or dismissal order under section 36] an order that has been filed under this Part, the party that filed the cancelled order must not take any further steps to enforce that order and must take the steps necessary to discontinue any enforcement process.

Enforcement of tribunal orders by proceeding for contempt

60   (1) A person who fails or refuses to comply with an order of the tribunal is liable, on application to the Supreme Court, to be punished for contempt as if in breach of an order or judgment of the Supreme Court.

(2) Subsection (1) does not limit the conduct for which the Supreme Court may make a finding of contempt in respect of a person's conduct in relation to a tribunal proceeding.

Part 7 — Tribunal Powers and Procedures

General tribunal authority in relation to tribunal proceeding

61   (1) Subject to this Act and the rules, the tribunal may make any order or give any direction in relation to a tribunal proceeding it thinks necessary to achieve the objects of the tribunal in accordance with its mandate.

(2) The tribunal may make an order under subsection (1) or, unless otherwise provided, under any other provision of this Act

(a) on its own initiative,

(b) on request by a party, or

(c) on recommendation by a case manager.

(3) Unless otherwise restricted under this Act, the tribunal may vary or cancel an order that it has made under the Act.

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 and content of an initiating notice under section 6 [initiating notice] and a response under section 7 [giving and responding to initiating notice];

(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 settlement 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,

(iii.1) respecting the process to be followed by the tribunal if a court orders it not to facilitate the settlement of, resolve or adjudicate a claim,

(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,

(i.1) respecting orders available if a party given an initiating notice fails to make a response,

(i.2) respecting the cancellation of an order given when a party that fails to make a response within the time required by the rules subsequently makes a response, 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 giving 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 given 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,

(i.1) respecting forms of evidence to be provided,

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

(ii.1) limiting the number of expert witnesses a party may call or limiting, in respect of one or more issues in a claim, the giving of expert witness evidence to an expert appointed by the tribunal,

(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, including

(i) respecting the process to be followed if a party given an initiating notice fails to make a response, and

(ii) respecting the process to be followed if an order is given against a party that fails to make a response within the time required by the rules but that subsequently makes a response;

(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 certificates, directions, orders, reasons 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) (l) [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 claim categories, 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.

Authority to correct decisions and orders

64   On its own initiative or on request by a party, the tribunal may amend a decision or order to correct any of the following:

(a) a clerical or typographical error;

(b) an accidental or inadvertent error, omission or other similar mistake;

(c) an arithmetical error made in a computation.

Authority of tribunal members and panels

65   (1) An authority conferred under this Act on the tribunal may be exercised by any tribunal member or panel assigned responsibility in relation to the applicable tribunal proceeding.

(2) For certainty, subsection (1) applies to a tribunal member acting as a case manager in relation to the tribunal proceeding.

Authority to administer oaths

66   If a person is required under this Act to provide evidence or other information on oath or solemn affirmation, a tribunal member or case manager may administer the oath or receive the solemn affirmation.

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.

Validity of tribunal acts

73.1   An act of the tribunal is not invalid because of a defect that is afterwards discovered in the appointment of a chair, vice chair or member.

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 settlement.

(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.

Chair may establish panels

79   (1) The chair may establish panels of one, two or three tribunal members.

(2) If a panel has more than one member,

(a) the chair must designate one of the members as chair of the panel, and

(b) a decision of a majority of the members of a panel is a decision of the tribunal and, in the case of a tie, the decision of the chair of the panel governs.

(3) There is no restriction on the number of panels that may be engaged in tribunal hearings at the same time.

(4) If a member of a panel is unable for any reason to complete the member's duties, the remaining members of that panel, with consent of the chair of the tribunal, may continue to hear and determine the dispute, and the vacancy does not invalidate the proceeding.

Assignment of case managers and tribunal panels

80   The chair is responsible for the assignment of

(a) case managers for a dispute, and

(b) a tribunal panel to act as tribunal for a dispute.

Service improvement surveys

81   For the purposes of evaluating and improving its services under this Act, the tribunal may conduct surveys in the course of or after providing those services.

Annual report by chair

82   (1) As soon as practicable after the end of the fiscal year of the government, the tribunal must submit to the minister an annual report on the activities of the tribunal, including information respecting the following:

(a) a review of the operation of the tribunal during the preceding fiscal year;

(b) performance indicators for the preceding fiscal year, including details of the number, nature, time to resolution and outcome of disputes that came before the tribunal during that year;

(c) details of the number and nature of disputes before the tribunal that were outstanding at the end of the preceding fiscal year;

(d) results of surveys conducted under section 81 [service improvement surveys];

(e) details of any trends or special problems that emerged during the preceding fiscal year;

(f) forecasts of the workload of the tribunal in the present fiscal year;

(g) plans for improving the operation of the tribunal in the present fiscal year.

(2) After receiving an annual report under subsection (1), the minister must

(a) promptly lay the report before the Legislative Assembly if it is then sitting, or

(b) if the Legislative Assembly is not sitting, file the report with the Clerk of the Legislative Assembly.

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 facilitated settlement.

(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

Publication of tribunal orders and other information

85   (1) The tribunal must make the following information available to the public, including by making it available on the internet:

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

(b) any practice directives of the tribunal;

(c) fees that are payable in relation to services provided by the tribunal;

(d) the final decisions of the tribunal under section 46 [tribunal must give final decision following hearing], except final decisions in respect of parties in default.

(2) The tribunal may make the following available to the public, including by making it available on the internet:

(a) information respecting disputes that are current tribunal proceedings, including, without limiting this, the parties and claims in the disputes and the status of the tribunal proceedings;

(b) orders of the tribunal;

(b.1) the final decisions of the tribunal under section 46 in respect of parties in default;

(c) formal written reasons for final decisions or a record of such reasons.

Protection of personal information

86   (1) The tribunal must protect personal information in its custody or under its control by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal.

(2) The tribunal must ensure that personal information in its custody or under its control is stored only in Canada.

(3) For the purposes of

(a) publication under section 85 [publication of tribunal orders and other information], or

(b) otherwise providing or making accessible information or records referred to in section 90 [application of Freedom of Information and Protection of Privacy Act] or other tribunal information or records,

the tribunal may remove or obscure personal information or replace personal information with anonymous identifiers.

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 settlement

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

General rule: tribunal may not be required to testify or produce evidence

88   (1) The persons referred to in section 87 (a) to (c) [tribunal members and staff obligations of confidentiality] must not be required to testify or produce evidence in any proceeding, other than a criminal proceeding, about information or records obtained in the discharge of their duties under this Act.

(2) Despite subsection (1), the tribunal may produce to the court the record of the part of a tribunal proceeding that is the subject of an application for judicial review under the Judicial Review Procedure Act.

Confidentiality of online and facilitated settlement information

89   (1) Subject to this section, a person must not disclose or be compelled to disclose the following in a court proceeding or other legally binding process:

(a) any information or record provided by one party to another, and any communication made by one party to another, in the course of using the online dispute resolution services or facilitated settlement services of the tribunal;

(b) any information obtained or record prepared by a party specifically for the purpose of resolving the dispute through dispute resolution services referred to in paragraph (a).

(2) Subsection (1) does not apply

(a) if the parties to the dispute consent to the disclosure,

(b) in a criminal proceeding, or

(c) in relation to a communication that threatens bodily harm.

(3) Nothing in this section prevents a party from introducing into evidence in any proceeding information or records produced in the course of the dispute resolution services referred to in subsection (1) (a) that are otherwise producible or compellable in those proceedings.

Application of Freedom of Information and Protection of Privacy Act

90   (1) The Freedom of Information and Protection of Privacy Act, other than section 44 (1) (b), (2), (2.1) and (3) [powers of commissioner in conducting investigations, audits or inquiries], does not apply to any of the following:

(a) information and records in the custody or under the control of the tribunal that were obtained or created in the course of

(i) receiving and dealing with requests for tribunal resolution under section 4 [asking the tribunal to resolve a claim], or

(ii) online dispute resolution services or facilitated settlement services of the tribunal;

(b) the collection of personal information about an individual, without consent or from a source other than the individual, as part of the processes under sections 4 and 7;

(c) access from outside Canada by way of electronic communication tools provided by the tribunal;

(d) records kept by a person referred to in section 87 (a) to (c) [tribunal member and staff obligations of confidentiality] in providing online dispute resolution services or facilitated settlement services;

(e) a personal note, communication or draft decision of a person referred to in section 87 (a) to (c) in relation to the resolution of a dispute;

(f) information obtained, including evidence received, by the tribunal or a tribunal officer in a tribunal proceeding;

(g) an electronic recording of a tribunal hearing or a transcription of a tribunal hearing;

(h) an order of the tribunal, a final decision of the tribunal, formal written reasons for a final decision or a record of such reasons, to which public access is provided by the tribunal.

(2) Subsection (1) does not apply to personal information, as defined in the Freedom of Information and Protection of Privacy Act, that has been in existence for 100 or more years or to other information that has been in existence for 50 or more years.

Division 1.1 — Clustering

Tribunal may be clustered with other tribunals

90.1   Part 3 [Clustering] of the Administrative Tribunals Act applies to the tribunal.

Division 2 — Offences

General offence provision of Offence Act does not apply

91   Section 5 [general offence for contravening enactment] of the Offence Act does not apply to a contravention of this Act or regulations under this Act.

Offence for providing false or misleading information

92   (1) A person who provides false or misleading evidence or other information in a tribunal proceeding commits an offence and is liable on conviction to a fine of $10 000 or imprisonment for term not longer than 6 months, or both.

(2) A person is not guilty of an offence under this section if the person establishes that, at the time the information was provided, the person did not know that it was false or misleading and exercised reasonable care and diligence in providing the information.

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) respecting any matter for which the tribunal may make rules, including prescribing rules of practice and procedure for the tribunal;

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

(c) prescribing an amount less than or equal to the amount awarded by the tribunal as a deposit and an amount for security for costs under section 56.3 (2) [deposit for claims previously adjudicated by civil resolution tribunal];

(d) establishing a monetary amount as the maximum tribunal small claim amount for the purposes of section 118 (1) [claims within jurisdiction of tribunal for tribunal small claims];

(e) establishing a monetary amount as the tribunal limit amount for the purposes of section 132 [definitions for Division — accident claims];

(f) prescribing fees that are to be paid under this Act for services provided or anything done by the tribunal;

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

(h) to (m) [Repealed 2018-17-30.]

(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 claim categories, 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

(a) strata property claims may be different for different classes, as established by regulation, of strata lots and strata corporations, as defined in section 1 (1) of the Strata Property Act,

(b) cooperative association claims may be different for different classes, as established by regulation, of associations, as defined in section 1 (1) of the Cooperative Association Act, and

(c) society claims may be different for different classes, as established by regulation, of societies, as defined in section 1 of the Societies Act.

Consequential Amendments

[Note: See Table of Legislative Changes for the status of sections 94 to 111.]

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

Section(s) Affected Act
111 Civil Resolution Tribunal Act

Repealed

112   [Repealed 2018-17-31.]

Part 10 — Tribunal Jurisdiction

Division 1 — General

Restricted authority of tribunal

113   The tribunal does not have jurisdiction over any of the following:

(a) a constitutional question;

(b) a claim in a class of claims prescribed by regulation as being excluded from the jurisdiction of the tribunal.

Limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code

114   For the purposes of this Act, section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code] of the Administrative Tribunals Act applies to the tribunal.

Exclusive jurisdiction of tribunal — privative clause

115   (1) If, under section 1 (3), the tribunal has exclusive jurisdiction in respect of a claim category, or a class of claims in a claim category, the tribunal has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising under this Act or required to be determined by the tribunal under this Act, and to make any order permitted by this Act to be made, in respect of the claim category or the class of claims in the claim category.

(2) A decision of the tribunal made in a claim in respect of which the tribunal has exclusive jurisdiction is final and binding on the parties, except the decision may be judicially reviewed in accordance with section 56.7 (1) (a) [standard of review].

Specialized expertise of tribunal

116   (1) If, under section 1 (4), the tribunal is to be considered to have specialized expertise in respect of a claim category, or a class of claims in a claim category, the tribunal is to be considered to have specialized expertise to inquire into, hear and determine all those matters and questions of fact, law and discretion arising under this Act or required to be determined by the tribunal under this Act, and to make any order permitted by this Act to be made, in respect of the claim category or the class of claims in the claim category.

(2) A decision of the tribunal made in a claim in respect of which the tribunal is to be considered to have specialized expertise is final and binding on the parties, except the decision may be judicially reviewed in accordance with section 56.7 (1) (b) [standard of review].

Division 2 — Referenced Claims

Jurisdiction provided for in another enactment

117   If another enactment gives the tribunal jurisdiction in relation to a claim, the provisions of this Act are subject to that enactment.

Division 3 — Tribunal Small Claims

Claims within jurisdiction of tribunal for tribunal small claims

118   (1) Except as otherwise provided in section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction to resolve a claim for relief in the nature of one or more of the following, if the amount of the claim is less than or equal to an amount, in respect of the Small Claims Act, prescribed by regulation as the maximum tribunal small claim amount:

(a) debt or damages;

(b) recovery of personal property;

(c) specific performance of an agreement relating to personal property or services;

(d) relief from opposing claims to personal property.

(2) An initiating party may adjust the initiating party's claim to fit within the maximum tribunal small claim amount prescribed under subsection (1).

(3) The maximum tribunal small claim amount prescribed under subsection (1) may not exceed the amount prescribed by the Lieutenant Governor in Council under section 3 [claims the Provincial Court may hear] of the Small Claims Act.

Claims beyond jurisdiction of tribunal for tribunal small claims

119   The tribunal does not have jurisdiction under this Division in a claim

(a) for libel, slander or malicious prosecution, or

(b) despite section 9 [government as party], for or against the government.

Division 4 — Strata Property Claims

Meaning of words and expressions in Division — strata property claims

120   In this Division, words and expressions have the same meaning as in the Strata Property Act or a regulation under that Act.

Claims within jurisdiction of tribunal for strata property claims

121   (1) Except as otherwise provided in section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction over a claim, in respect of the Strata Property Act, concerning one or more of the following:

(a) the interpretation or application of the Strata Property Act or a regulation, bylaw or rule under that Act;

(b) the common property or common assets of a strata corporation;

(c) the use or enjoyment of a strata lot;

(d) money owing, including money owing as a fine, under the Strata Property Act or a regulation, bylaw or rule under that Act;

(e) an action or threatened action by a strata corporation, including the council, in relation to an owner or tenant;

(f) a decision of a strata corporation, including the council, in relation to an owner or tenant;

(g) the exercise of voting rights by a person who holds 50% or more of the votes, including proxies, at an annual or special general meeting.

(2) For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of claims within the jurisdiction of the tribunal under this Division.

Claims beyond jurisdiction of tribunal for strata property claims

122   (1) The tribunal does not have jurisdiction in relation to a claim that may be dealt with, by the Supreme Court, under any of the following provisions of the Strata Property Act:

(a) section 33 [accountability];

(b) section 52 [unanimous votes];

(c) section 58 [court appointed voter];

(d) section 89 [removal of claim of lien after purchase from owner developer];

(e) section 90 [removal of liens and other charges];

(f) section 117 [forced sale of owner's strata lot to collect money owing];

(g) section 160 [court orders if strata corporation decides not to repair or replace damaged property];

(h) section 173 (2) [court order when special levy resolution receives more than 1/2 but less than 3/4 of votes];

(i) section 174 [appointment of administrator for strata corporation];

(j) section 208 [orders respecting requests from leasehold landlords];

(k) section 209 [leasehold landlord's remedies on leasehold tenant's default];

(l) the following provisions of Part 13 [Phased Strata Plans]:

(i) section 226 (1) (c) and (d) [release of security for common facilities];

(ii) section 232 [amendment of declaration to extend time for election];

(iii) section 233 [other amendments respecting Phased Strata Plan Declaration];

(iv) section 235 [orders if owner developer elects not to proceed with next phase];

(v) section 236 [order to compel completion of a phase];

(m) section 246 [order for amendment of Schedule of Unit Entitlement];

(n) the following provisions of Part 16 [Cancellation of Strata Plan and Winding Up of Strata Corporation]:

(i) section 272 [vote to cancel strata plan];

(ii) section 273.1 [confirmation by court of winding-up resolution — without liquidator];

(iii) section 278.1 [confirmation by court of winding-up resolution — with liquidator];

(iv) section 279 [order vesting authority in liquidator];

(v) section 284 [application for court order to wind up strata corporation].

(2) The tribunal does not have jurisdiction in relation to any of the following:

(a) a claim to which Part 5 [Resolving Disputes] or 5.1 [Administrative Penalties] of the Residential Tenancy Act or Part 6 [Resolving Disputes] or 6.1 [Administrative Penalties] of the Manufactured Home Park Tenancy Act applies;

(b) a claim to which all parties have agreed that the Arbitration Act will apply.

Orders available in strata property claims

123   (1) In resolving a strata property claim, the tribunal may make one or more of the following orders:

(a) an order requiring a party to do something;

(b) an order requiring a party to refrain from doing something;

(c) an order requiring a party to pay money.

(2) In resolving a strata property claim described in section 121 (1) (e) to (g), the tribunal may make an order directed at the strata corporation, the council or a person who holds 50% or more of the votes, if the order is necessary to prevent or remedy a significantly unfair action, decision or exercise of voting rights.

(3) Despite subsections (1) and (2), the tribunal may not make the following orders:

(a) an order requiring the sale or other disposition of a strata lot;

(b) an order in a class of orders prescribed by regulation.

Transition — appeal of certain strata property claims

123.1   Despite the repeal of section 56.5 [appeal to Supreme Court] of this Act, that section, as it read immediately before its repeal, continues to apply in respect of a strata property claim with an initiating notice given before January 1, 2019.

Division 5Cooperative Association Claims

Meaning of words and expressions in Division — cooperative association claims

124   In this Division, words and expressions have the same meaning as in the Cooperative Association Act or a regulation under that Act.

Claims within jurisdiction of tribunal for cooperative association claims

125   (1) Except as otherwise provided in section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction in a dispute over a claim, in respect of the Cooperative Association Act, in relation to a housing cooperative or a community service cooperative, concerning one or more of the following:

(a) the interpretation or application of the Cooperative Association Act or a regulation, memorandum or rule under that Act, including a request to examine or take extracts from, or to receive a copy of, a record of an association;

(b) an action or threatened action by the association or its directors in relation to a member;

(c) a decision of the association or its directors in relation to a member.

(2) For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of claims within the jurisdiction of the tribunal under this Division.

Claims beyond jurisdiction of tribunal for cooperative association claims

126   (1) The tribunal does not have jurisdiction under this Division in relation to a claim that may be dealt with, by the Supreme Court, under any of the following provisions of the Cooperative Association Act:

(a) the following provisions of Parts 4 [Finance] and 5 [Association Alterations]:

(i) section 66 [redeeming shares, loans to members, paying dividends];

(ii) section 67 [reduction of capital];

(iii) section 71 [no pledge or disposition of association's undertaking without consent];

(b) the following provisions of Part 6 [Management]:

(i) section 79 (4) [persons disqualified as directors];

(ii) section 91 (5) [disclosure to members and investment shareholders];

(iii) section 92 [powers of court];

(iv) section 93 [court may make declaration];

(v) section 101 (2) (b) [indemnification prohibited];

(vi) section 102 [court ordered indemnification];

(c) the following provisions of Part 9 [Court Proceedings and Investigations]:

(i) section 154 [interpretation];

(ii) section 156 [court proceedings on member's or investment shareholder's application];

(iii) section 157 [court's power to restrain breach or require compliance];

(iv) section 157.1 [relief];

(v) section 157.2 [applications to court];

(vi) section 158 [court may order investigation];

(vii) section 159.3 [remedying corporate mistakes];

(d) the following provisions of Part 11 [Special Purpose Associations]:

(i) section 172 [court order of possession — application by housing cooperative];

(ii) section 172.1 [court order of possession — application by member];

(iii) section 175 [breach of contract].

(2) The tribunal does not have jurisdiction under this Division in relation to a claim that is in respect of any of the following matters or provisions of the Cooperative Association Act:

(a) a matter relating to the termination of membership in the association, including under the following:

(i) sections 34 to 39 [provisions relating to termination of membership];

(ii) section 171 [right to possession terminated];

(b) a matter relating to the winding up, liquidation, dissolution or restoration of an association, including under the following:

(i) section 173 [special provisions on dissolution or winding up of a housing cooperative];

(ii) section 178.1 [community service cooperative];

(iii) Part 14 [Winding up, Dissolution and Restoration];

(c) Part 7 [Auditors];

(d) Part 10 [Dissent];

(e) Part 13 [Continuation, Amalgamation];

(f) Part 16 [Administration].

(3) The tribunal does not have jurisdiction under this Division in relation to any of the following:

(a) a claim that is an appeal of a direction, decision, order, ruling or refusal of the registrar;

(b) a claim to which Part 5 [Resolving Disputes] or 5.1 [Administrative Penalties] of the Residential Tenancy Act applies or Part 6 [Resolving Disputes] or 6.1 [Administrative Penalties] of the Manufactured Home Park Tenancy Act applies;

(c) a claim to which all parties have agreed that the Arbitration Act will apply.

Orders available in cooperative association claims

127   (1) In resolving a cooperative association claim, the tribunal may make one or more of the following orders:

(a) an order requiring a party to do something, including requiring the association to provide access to, or a copy of, a record of the association;

(b) an order requiring a party to refrain from doing something;

(c) an order requiring a party to pay money.

(2) In resolving a cooperative association claim brought to the tribunal under section 125 (1) (b) or (c), the tribunal may make an order directed at the association or its directors, if the order is necessary to prevent or remedy an unfairly prejudicial action or decision.

(3) Despite subsections (1) and (2), the tribunal may not make the following orders:

(a) an order requiring the sale or other disposition of real property;

(b) an order in a class of orders prescribed by regulation.

Division 6Society Claims

Meaning of words and expressions in Division — society claims

128   In this Division, words and expressions have the same meaning as in the Societies Act or a regulation under that Act.

Claims within jurisdiction of tribunal for society claims

129   (1) Except as otherwise provided in section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction in a dispute over a claim, in respect of the Societies Act, concerning one or more of the following:

(a) the interpretation or application of the Societies Act or a regulation, constitution or bylaw under that Act, including a request to inspect, or to receive a copy of, a record of a society;

(b) an action or threatened action by the society or its directors in relation to a member;

(c) a decision of the society or its directors in relation to a member.

(2) For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of claims within the jurisdiction of the tribunal under this Division.

Claims beyond jurisdiction of tribunal for society claims

130   (1) The tribunal does not have jurisdiction under this Division in relation to a claim that may be dealt with, by the Supreme Court, under any of the following provisions of the Societies Act:

(a) the following provisions of Part 5 [Management]:

(i) section 44 (3) [persons qualified to be directors];

(ii) section 58 [validity of contracts];

(iii) section 59 [directors' liability for money or other property distributed];

(iv) section 65 (2) [indemnification or payment prohibited];

(b) section 80 [powers of court respecting general meetings];

(c) Part 8 [Remedies];

(d) the following provisions of Part 12 [Special Societies]:

(i) section 193 [altering constitution to become member-funded society];

(ii) section 194 [other restrictions on becoming member-funded society];

(iii) section 205 [injunction].

(2) The tribunal does not have jurisdiction under this Division in relation to a claim that is in respect of any of the following matters or provisions of the Societies Act:

(a) a matter relating to the termination of membership in the society;

(b) a matter relating to the liquidation, dissolution or restoration of a society, including under Part 10 [Liquidation, Dissolution and Restoration], except section 143 (1) (b) [duties of liquidator];

(c) Part 7 [Corporate Reorganizations];

(d) Part 9 [Audit].

(3) The tribunal does not have jurisdiction under this Division in relation to any of the following:

(a) a claim that is an appeal of a direction, decision, order, ruling or refusal of the registrar;

(b) a claim to which Part 5 [Resolving Disputes] or 5.1 [Administrative Penalties] of the Residential Tenancy Act applies or Part 6 [Resolving Disputes] or 6.1 [Administrative Penalties] of the Manufactured Home Park Tenancy Act applies;

(c) a claim to which all parties have agreed that the Arbitration Act will apply.

Orders available in society claims

131   (1) In resolving a society claim, the tribunal may make one or more of the following orders:

(a) an order requiring a party to do something, including requiring the society to provide access to, or a copy of, a record of the society;

(b) an order requiring a party to refrain from doing something;

(c) an order requiring a party to pay money.

(2) In resolving a society claim brought to the tribunal under section 129 (1) (b) or (c), the tribunal may make an order directed at the society or its directors, if the order is necessary to prevent or remedy an unfairly prejudicial action or decision.

(3) Despite subsections (1) and (2), the tribunal may not make the following orders:

(a) an order requiring the sale or other disposition of real property;

(b) an order in a class of orders prescribed by regulation.

Division 7Accident Claims

Definitions for Division — accident claims

132   In this Division:

"accident",

(a) except in respect of the benefits referred to in section 133 (1) (a), has the same meaning as in section 101 [definitions and interpretation] of the Insurance (Vehicle) Act, or

(b) in respect of the benefits referred to in section 133 (1) (a) of this Act, has the same meaning as in section 1.1 [definitions] of the Insurance (Vehicle) Act;

"benefits" has the same meaning as in section 1.1 of the Insurance (Vehicle) Act;

"minor injury" has the same meaning as in section 101 of the Insurance (Vehicle) Act;

"tribunal limit amount" means the amount prescribed by regulation as the maximum amount that the tribunal may award in an accident claim in accordance with section 133 (1) (c) of this Act.

Claims within jurisdiction of tribunal for accident claims

133   (1) Except as otherwise provided in section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction in a dispute, in respect of an accident, over a claim concerning one or more of the following:

(a) the determination of entitlement to benefits paid or payable under the Insurance (Vehicle) Act;

(b) the determination of whether an injury is a minor injury for the purposes of the Insurance (Vehicle) Act;

(c) liability and damages, if the amount, including loss or damage to property related to the accident but excluding interest and any expenses referred to under section 49 [order for payment of expenses], is less than or equal to the tribunal limit amount.

(2) For the purposes of this Act, the tribunal

(a) has exclusive jurisdiction in respect of claims described in subsection (1) (a) or (b) of this section, and

(b) is to be considered to have specialized expertise in respect of claims described in subsection (1) (c) of this section.

(3) For certainty, a person may make a request for tribunal resolution in more than one tribunal proceeding relating to an accident.

Claims beyond jurisdiction of tribunal for accident claims

134   (1) The tribunal does not have jurisdiction in relation to a claim that may be dealt with, by a court, under any of the following provisions of the Insurance (Vehicle) Act:

(a) section 18 (2) [financial responsibility in other provinces];

(b) section 42.1 [offence];

(c) section 68 [relief from forfeiture];

(d) section 77 (2), (8) and (9) [rights of insurer];

(e) section 78 [payment of insurance money into court];

(f) section 79 [defence if more than one contract].

(2) The tribunal does not have jurisdiction in relation to the following:

(a) a claim relating to liability and damages claimed under the Family Compensation Act in respect of a death;

(b) a claim to which the Arbitration Act applies;

(c) a claim under this Division in respect of an accident that occurred before April 1, 2019.

Matters relating to tribunal limit amount

135   (1) It is presumed that the amount, including loss or damage to property related to the accident but excluding interest and any expenses referred to in section 49 [order for payment of expenses], that will be awarded for a minor injury in an accident claim described in section 133 (1) (c) is less than or equal to the tribunal limit amount unless a party establishes on the basis of satisfactory evidence that there is a substantial likelihood that the damages will exceed the tribunal limit amount.

(2) If a case manager, during case management, or the tribunal, during a tribunal proceeding, determines that the damages in an accident claim described in section 133 (1) (c) would likely exceed the tribunal limit amount,

(a) subject to the rules, the case manager or the tribunal may, on request of all parties to a dispute, provide to the parties a non-binding neutral evaluation of the likely amount of damages, and

(i) the parties may not disclose the evaluation

(A) to the court, or

(B) if the evaluation is provided by the case manager, to the tribunal, and

(ii) the parties may request a dismissal order in accordance with section 22 [parties may request consent dismissal order], or

(b) a party may request that the claim be continued in the Supreme Court.

(3) For certainty, subsections (1) and (2) do not limit the tribunal's authority to refuse to resolve a claim that is not within the tribunal's jurisdiction.

(4) If a party brings or continues any proceeding in the Supreme Court in respect of liability and damages in relation to an accident and the settlement or award is less than the tribunal limit amount, the costs, including disbursements, that may be ordered are limited to an amount that would have been permitted in the tribunal proceeding by order of payment of expenses under section 49 [order for payment of expenses].

Transition — claims in relation to accidents

136   (1) Section 134 (2) (c) does not limit the tribunal's jurisdiction in relation to the Small Claims Act in respect of a claim that involves an accident that occurred before April 1, 2019.

(2) If, before the coming into force of this section, the tribunal had jurisdiction in respect of a claim described in subsection (1), the claim is to continue before the tribunal as a tribunal small claim under Division 3 [Tribunal Small Claims] of this Part.

Commencement

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

Schedule

[Repealed 2015-16-39.]