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

Civil Resolution Tribunal Act

[SBC 2012] CHAPTER 25

Contents
Part 1 — Definitions and Tribunal Mandate
1Definitions
2Civil Resolution Tribunal mandate and role
3Repealed
Part 1.1Jurisdiction of the Tribunal
Division 1
3.1 to 3.4Not in force
Division 2Strata Property Claims
3.5Meaning of words and expressions in Division
3.6Strata property claims within jurisdiction of tribunal
Division 3Other Claims
3.7Jurisdiction from another enactment
Division 4General Restrictions on Jurisdiction
3.8No jurisdiction over constitutional questions, limited jurisdiction over Human Rights Code
Part 2How to Bring a Matter to the Tribunal
Division 1Initiating 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 may not be a party
10Claims to be resolved must be within tribunal authority
11General authority for tribunal to refuse to resolve claim or dispute
12Repealed
12.1-12.2Not in force
12.3Supreme Court may order that tribunal not resolve strata property claim
Division 2Limitation Period
13Limitation period
14Suspension of limitation period
Division 3Relationship with Other Proceedings
15Restrictions in relation to court and other proceedings — when tribunal proceeding starts
16Repealed
Part 3Tribunal Proceedings Generally
17Tribunal proceeding processes
18Nature of tribunal proceeding
19Use of electronic communication tools
20General rule that parties to represent themselves
21Repealed
22Parties may request consent dismissal order
Part 4Case Management Phase
Division 1Case Manager Responsibilities
23Case manager role
24Case managers assigned to dispute
Division 2Facilitated 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 3Preparation 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 4Referral 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 5Tribunal Resolution
Division 1Tribunal 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 2Final Decision Resolving Dispute
46Tribunal must give final decision following hearing
47Notice of final decision
48Order giving effect to final decision
48.1Orders available in strata property claims
49Order for payment of expenses
50When final decision is effective
51Amendment of final decision or order to clarify
Division 3Tribunal 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 to 56Repealed
Division 5
56.1 to 56.4Not in force
Division 6Appeal of Strata Property Final Decision
56.5Appeal to Supreme Court
Part 6Enforcement of Tribunal Orders
57Enforcement of strata property decision by filing in Supreme Court
58Enforcement of strata property decision by filing in Provincial Court
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
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 2Offences
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
112Commencement
Schedule

Part 1 — Definitions and Tribunal Mandate

Definitions

1  In this Act:

"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;

"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;

"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;

"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];

"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;

"strata property claim" means a claim over which the tribunal has jurisdiction under section 3.6 [strata property claims within jurisdiction of tribunal];

"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];

"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].

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.

Repealed

3  [Repealed 2015-16-2.]

Part 1.1Jurisdiction of the Tribunal

Division 1

Not in force

3.1 to 3.4  [Not in force.]

Division 2Strata Property Claims

Meaning of words and expressions in Division

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

Strata property claims within jurisdiction of tribunal

3.6  (1) Subject to subsections (2) and (3) and section 48.1 [orders available in strata property claims], the tribunal has jurisdiction over a claim 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 the 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 the strata corporation, including the council, in relation to an owner or tenant;

(f) a decision of the 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) 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 respecting rebuilding 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) section 226 (1) (c) and (d) [release of security for common facilities];

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

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

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

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

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

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

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

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

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

(a) a claim to which Part 5 [Resolving Disputes] of the Residential Tenancy Act applies;

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

(c) a claim prescribed by regulation as being excluded from the jurisdiction of the tribunal.

Division 3Other Claims

Jurisdiction from another enactment

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

(2) Judicial review of a final decision, by the tribunal, resolving a claim under this Division must be brought within the time limit prescribed by regulation for the class of claim.

Division 4General Restrictions on Jurisdiction

No jurisdiction over constitutional questions, limited jurisdiction over Human Rights Code

3.8  (1) The tribunal does not have jurisdiction over a constitutional question.

(2) Subject to subsection (3), the tribunal may decline jurisdiction to apply the Human Rights Code in a dispute.

(3) The tribunal does not have jurisdiction over a question of whether there is a conflict between the Human Rights Code and another enactment.

Part 2How to Bring a Matter to the Tribunal

Division 1Initiating 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.

(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) As a restriction, a person may not make a request for tribunal resolution if both of the following apply:

(a) the person is a party to a court proceeding or other legally binding process that will decide issues in the claim;

(b) the process has reached the stage specified in the rules in relation to such claims.

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.

(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 must

(a) give the initiating party notice the responding person or persons did not make a response, and

(b) 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 may not be a party

9  The government may not be a party to a tribunal proceeding.

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 within its jurisdiction if it considers that any of the following apply:

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

(e) [Not in force.]

(f) in the case of a strata property claim, the tribunal is satisfied that if an application under section 12.3 [Supreme Court may order that tribunal not resolve strata property claim] were brought, the Supreme Court would grant an order that the tribunal not resolve the claim or dispute.

(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.]

Not in force

12.1-12.2  [Not in force.]

Supreme Court may order that tribunal not resolve strata property claim

12.3  (1) The Supreme Court may order that the tribunal not resolve a claim that is or purports to be a strata property claim if

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

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

(2) When deciding whether it is in the interests of justice and fairness for the tribunal to resolve a claim or dispute, the Supreme Court may consider the following:

(a) whether the use of electronic tools in the process of the tribunal would be unfair to one or more parties in a way that cannot be accommodated by the tribunal;

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

(c) whether an issue raised by the claim or dispute relates to the constitution or the Human Rights Code;

(d) whether an issue raised by the claim or dispute is sufficiently complex to benefit from being resolved by the Supreme Court;

(e) whether all of the parties to the claim or dispute agree that the claim or dispute should be resolved by the Supreme Court;

(f) whether the claim or dispute should be heard together with a claim or dispute currently before the Supreme Court.

Division 2Limitation 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.

Suspension of limitation period

14  (1) If the tribunal gives an initiating notice under section 6 (1) [initiating notice], the basic limitation period and the ultimate limitation period applicable to the claim do not run while the tribunal proceeding in relation to the notice continues.

(2) If the running of the basic limitation period applicable to a claim has been suspended under subsection (1),

(a) the basic limitation period resumes running on the earliest of the following dates, if applicable:

(i) the date the tribunal notifies the parties of its refusal to facilitate the settlement of, resolve or adjudicate the claim;

(ii) except when the tribunal refers claims in a dispute to a hearing under section 30 [unresolved claims in dispute proceed to tribunal hearing], the date the tribunal certifies case management is completed;

(iii) [Not in force.]

(iv) [Words not in force.], and

(b) that basic limitation period is the length of time that remained, as of the applicable date under paragraph (a), in the basic limitation period applicable to the claim.

(3) If the running of the ultimate limitation period applicable to a claim has been suspended under subsection (1),

(a) the ultimate limitation period resumes running on the earliest of the following dates, if applicable:

(i) the date the tribunal notifies the parties of its refusal to facilitate the settlement of, resolve or adjudicate the claim;

(ii) except when the tribunal refers claims in a dispute to a hearing under section 30, the date the tribunal certifies case management is completed;

(iii) [Not in force.]

(iv) [Words not in force.], and

(b) that ultimate limitation period is the length of time that remained, as of the applicable date under paragraph (a), in the ultimate limitation period applicable to the claim.

Division 3Relationship with Other Proceedings

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

15  (1) 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, 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.]

Part 3Tribunal 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.

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 4Case Management Phase

Division 1Case 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 2Facilitated 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 is to be used in the case management phase for a particular dispute, and

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

(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 [words not in force] strata property claim has not been resolved during the case management phase, the claim is to proceed to resolution by tribunal hearing.

Division 3Preparation 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 by requiring the parties to do this jointly.

(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 4Referral 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 5Tribunal Resolution

Division 1Tribunal 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 2Final Decision Resolving Dispute

Tribunal must give final decision following hearing

46  (1) Following a tribunal hearing, the tribunal must, within the applicable time period 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.

Orders available in strata property claims

48.1  (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 brought to the tribunal under section 3.6 (2) (e) to (g) [strata property claims within jurisdiction of tribunal], 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

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

(b) any other order prescribed by regulation.

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].

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 3Tribunal 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 to 56  [Repealed 2015-16-26.]

Division 5

Not in force

56.1 to 56.4  [Not in force.]

Division 6Appeal of Strata Property Final Decision

Appeal to Supreme Court

56.5  (1) Subject to this section, a party that is given notice of a final decision in a strata property claim may appeal to the Supreme Court on a question of law arising out of the decision.

(2) A party may appeal to the Supreme Court only if

(a) all parties consent, or

(b) the court grants leave to appeal.

(3) A party may not file an appeal under subsection (1) later than 28 days after the party is given notice of the final decision.

(4) The court may grant leave to appeal under subsection (2) (b) if it determines that it is in the interests of justice and fairness to do so.

(5) When deciding whether it is in the interests of justice and fairness to grant leave, the court may consider the following:

(a) whether an issue raised by the claim or dispute that is the subject of the appeal is of such importance that it would benefit from being resolved by the Supreme Court to establish a precedent;

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

(c) the importance of the issue to the parties, or to a class of persons of which one of the parties is a member;

(d) the principle of proportionality.

(6) On appeal, the court may do one of the following:

(a) confirm, vary or set aside the decision of the tribunal;

(b) refer the claim back to the tribunal with the court's directions on the question of law that was the subject of the appeal.

Part 6Enforcement of Tribunal Orders

Enforcement of strata property decision by filing in Supreme Court

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

(2) A party may file a copy of an order in the Supreme Court only if one or more of the following apply:

(a) the final decision is an approved draft consent resolution order;

(b) the time for an appeal under section 56.5 (3) [appeal to Supreme Court] has expired and leave to appeal has not been sought or consented to;

(c) leave to appeal is denied;

(d) the appeal is heard, and the Supreme Court confirms the decision of the tribunal.

(3) If an appeal is heard and the Supreme Court varies the decision of the tribunal, the decision of the tribunal as varied may be enforced by filing, in the Supreme Court, a validated copy of the order of the tribunal and the order of the Supreme Court.

(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 Supreme Court.

Enforcement of strata property decision 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.

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,

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

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

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

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

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

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

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

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

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

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].

(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;

(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) [Not in force.]

(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 2Offences

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) prescribing rules of practice and procedure for the tribunal;

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

(c) to (e) [Not in force.]

(f) prescribing a class of claims as being excluded from the jurisdiction of the tribunal under Division 2 [Strata Property Claims] of Part 1.1 [Jurisdiction of the Tribunal];

(g) establishing the time limit that applies in relation to judicial review of a final decision resolving a claim under Division 3 [Other Claims] of Part 1.1 [Jurisdiction of the Tribunal];

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

(i) [Not in force.]

(j) prescribing a class of orders that may not be made by the tribunal under section 48.1 [orders available in strata property claims];

(k) [Not in force.]

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

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

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

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

(4) In addition to the authority under subsection (3), regulations of the Lieutenant Governor in Council in relation to strata property claims may be different for different classes of strata lots and strata corporations, as established by the regulations.

Consequential Amendments

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

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

Amendments to this Act

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

Section(s)   Affected Act
111   Civil Resolution Tribunal Act

Commencement

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

Schedule

[Repealed 2015-16-39.]