The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE SHIRLEY BOND
MINISTER OF JUSTICE AND ATTORNEY GENERAL
This Bill establishes the Civil Resolution Tribunal. The tribunal will offer people an alternative to court proceedings for resolving disputes that are within the authority of the tribunal.
As described in the Bill, 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.
In fulfilling its mandate, the role of the tribunal is to encourage the resolution of disputes by agreement between the parties and, if resolution by agreement is not reached, to resolve the dispute by deciding the claims brought to the tribunal by the parties.
Initial authority for the tribunal will be in relation to certain small claims matters and certain strata property matters, as set out in the Schedule to the Act.
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Part 1 — Definitions and Tribunal Mandate
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 frivolous, vexatious or 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 dispute resolution services" means dispute resolution services provided under 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 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 dispute resolution services;
"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", in relation to a tribunal proceeding, means a person who has consented to tribunal resolution of the dispute or who is required to be a party to the proceeding;
"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];
"rules" means the rules of practice and procedure established under this Act for the tribunal;
"Schedule" means the Schedule to this Act;
"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].
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.
3 (1) Unless otherwise provided under this Act,
(a) the claims that may be resolved by the tribunal, and
(b) the tribunal's specific powers in relation those claims
are those for which the tribunal is provided jurisdiction under the Schedule.
(2) The tribunal does not have jurisdiction over
(a) a constitutional question, or
(b) a question of whether there is a conflict between the Human Rights Code and another enactment.
(3) Subject to subsection (2), the tribunal may decline jurisdiction to apply the Human Rights Code in a dispute.
Part 2 — How to Bring a Matter to the Tribunal
Division 1 — Request for Tribunal to Resolve 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.
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.
6 In making a request for tribunal resolution of a claim, the initiating party consents to
(a) the procedures established under this Act for the tribunal to resolve the claim,
(b) the powers of the tribunal under this Act in resolving the claim,
(c) the authority of the tribunal to make a final and binding decision respecting the claim and to make any other decisions and orders authorized under this Act, and
(d) the restrictions established under this Act in relation to court proceedings and other legally binding processes respecting the claim.
7 (1) The tribunal may resolve a claim only if the person against whom the claim is made
(a) consents to all matters referred to in section 6 (a) to (d) [consent of initiating party], or
(b) is required under another Act or a court order to participate as a party to the tribunal proceeding.
(2) A person referred to in subsection (1) may,
(a) in response, make a request for tribunal resolution of a claim against the initiating party, and
(b) if such a request is made by a person whose consent is required under subsection (1) (a), make the person's consent under this section conditional on the initiating party consenting to resolution of the claim against the initiating party.
(3) All requests for tribunal resolution in relation to a dispute are cancelled if, within the time period established by the rules,
(a) consent is not received from all parties whose consent is required under this section, and
(b) there is no party required to participate as referred to in subsection (1) (b).
(4) Nothing in this section affects the tribunal's authority to refuse to resolve a claim or dispute.
8 A final decision of the tribunal resolving a dispute is final and binding on the parties who
(a) consented in accordance with section 6 [consent of initiating party] or 7 (1) (a) [consent of other parties] to the applicable claims being resolved by the tribunal, or
(b) were required to participate as referred to in section 7 (1) (b) [other parties required to participate].
9 The government may not be a party to a tribunal proceeding.
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, in which case the tribunal may resolve the dispute if the party against whom the claim is made agrees to removal of the issues or is a party whose participation is required as referred to in section 7 (1) (b) [other parties required to participate].
11 (1) The tribunal may refuse to resolve a claim or a dispute if it considers any of the following apply:
(a) a claim in the dispute has been resolved through a legally binding process or other dispute resolution process;
(b) not all persons who should properly be bound by a final decision of the tribunal in relation to the dispute are parties to the dispute;
(c) issues in the dispute are too complex for the dispute resolution processes of the tribunal or it is otherwise impractical for the tribunal to resolve the dispute;
(d) resolving the dispute may involve application of the Canadian Charter of Rights and Freedoms or the Human Rights Code;
(e) a claim in the dispute is frivolous or vexatious or gives rise to an abuse of process;
(f) in the interests of justice or fairness, the dispute should be dealt with or continue to be dealt with by a court proceeding or other legally binding process.
(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.
12 (1) A tribunal proceeding is started when the tribunal gives notice under subsection (2) that it has accepted the request for tribunal resolution.
(2) If, in relation to a dispute,
(a) the requirements established under this Act are met, and
(b) the tribunal accepts the request for tribunal resolution,
the tribunal must give notice to the parties that a tribunal proceeding to resolve their dispute is started.
Division 2 — Limitation Period and Relationship
with Other Proceedings
13 The Limitation Act applies to a claim, and, for that purpose, a reference to an action in that Act is deemed to be a reference to a tribunal proceeding under this Act.
14 (1) If the tribunal gives notice under section 12 [tribunal proceeding started when notice sent], the running of time with respect to a limitation period, set under the Limitation Act, that applies to a claim in the dispute is postponed until the date that any of the following occurs:
(a) the tribunal notifies the parties of its refusal to resolve the claim;
(b) the parties withdraw from the tribunal proceeding under section 21 [parties may agree to withdraw from tribunal proceeding];
(c) in relation to judicial review of a final decision, a circumstance prescribed by regulation applies.
(2) The burden of proving that the running of time has been postponed under subsection (1) is on the person claiming the benefit of the postponement.
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.
16 (1) This section applies if the tribunal has made a final decision in a tribunal proceeding.
(2) A party to the tribunal proceeding may not commence a court proceeding or other legally binding process against another party to the tribunal proceeding to decide an issue or claim in the dispute, as applicable, that was resolved by the final decision.
(3) If a party to the tribunal proceeding has commenced a court proceeding or other legally binding process referred to in section 15 (1) (b) [process against other party to tribunal proceeding],
(a) the parties must, as soon as practicable, take the steps necessary to have that process discontinued, and
(b) the order giving effect to the final decision
(i) may require the parties to take the steps necessary to have that process discontinued, and
(ii) may direct that a party is not to seek an award of costs or other expenses in that legally binding process.
Part 3 — Tribunal Proceedings Generally
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.
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.
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.
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.
21 (1) At any time after the tribunal proceeding starts but before the tribunal hearing starts, if all parties to the proceeding agree, they may withdraw from the tribunal proceeding.
(2) Withdrawal referred to in subsection (1) must be done in accordance with the rules and, when done, 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.
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
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 one or more facilitated dispute resolution processes 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 if the dispute is to be resolved by the tribunal,
(c) so far as is practicable, determining the evidence or other information that will assist the tribunal in resolving a dispute, and
(d) making a recommendation to the tribunal as to the process to be used in hearing a dispute.
(2) In the case management phase, the facilitated resolution processes and preparations for a tribunal hearing may be conducted at the same time.
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 Dispute Resolution
25 (1) A case manager has authority
(a) to determine, in accordance with the rules, which facilitated dispute resolution processes are to be used in the case management phase for a particular dispute, and
(b) to require the parties to participate in facilitated dispute resolution processes.
(2) Facilitated dispute resolution services 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.
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.
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 tribunal would likely resolve the dispute if it proceeded to 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 tribunal any evaluation or views provided under subsection (1) if the dispute proceeds to a tribunal hearing.
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.
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.
30 If a claim in a dispute has not been resolved during the case management phase, by agreement or by direct resolution under section 29, the claim is to proceed to resolution by tribunal hearing.
Division 3 — Preparation for Tribunal Hearing
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) The consent requirements of section 7 [other parties must have given consent or be required to participate] apply to a person who is to be added as a party under this section.
(3) If the persons referred to in subsection (1) do not become parties to the dispute, the case manager may recommend to the tribunal that it refuse to resolve the dispute.
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.
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.
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
35 (1) At any time in the case management phase, if the case manager considers that a claim in a dispute is frivolous or vexatious 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.
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) in granting leave under paragraph (b) of this subsection, the tribunal may order that the consent of the parties to the original tribunal proceeding under section 6 [consent of initiating party] or 7 (1) (a) [consent of other parties required] is to be considered consent to the new tribunal proceeding.
37 (1) If, under section 36 [referral to tribunal if there is non-compliance in case management phase], 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.
Division 1 — Tribunal 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.
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.
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.
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.
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.
43 The tribunal may direct that all or part of the evidence to be provided
(a) by a witness, or
(b) in the form of a record
be received by the tribunal in confidence to the exclusion of one or more parties or any other person, on terms directed by the tribunal, if the tribunal considers that the nature of the information or record requires this direction in the interests of justice.
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.
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
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.
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.
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.
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].
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].
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
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.
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 — Judicial Review of Tribunal Decisions
54 (1) An application for judicial review of a final decision of the tribunal must be commenced within the time period established under the Schedule for the applicable class of dispute.
(2) Despite subsection (1), either before or after expiration of the time period established under the Schedule, the court may extend the time for making the application on terms the court considers proper, if it is satisfied that
(a) there are serious grounds for relief,
(b) there is a reasonable explanation for the delay, and
(c) no substantial prejudice or hardship will result to a person affected by the delay.
55 In relation to a judicial review of a final decision of the tribunal, the applicant must provide to the court a copy of the formal written reasons of the tribunal for that decision.
56 (1) In a judicial review proceeding, the standard of review to be applied to a decision of the tribunal is correctness for all questions except those respecting findings of fact, the exercise of discretion and the application of the common law rules of natural justice and procedural fairness.
(2) A court must not set aside a finding of fact by the tribunal unless
(a) there is no evidence to support the finding, or
(b) in light of all the evidence, the finding is otherwise unreasonable.
(3) A court must not set aside a discretionary decision of the tribunal unless the decision is patently unreasonable.
(4) For the purposes of subsection (3), a discretionary decision is patently unreasonable if the discretion
(a) is exercised arbitrarily or in bad faith,
(b) is exercised for an improper purpose,
(c) is based entirely or predominantly on irrelevant factors, or
(d) fails to take statutory requirements into account.
(5) Questions about the application of common law rules of natural justice and procedural fairness must be decided having regard to whether, in all of the circumstances, including the mandate of the tribunal, the tribunal acted fairly.
Part 6 — Enforcement of Tribunal Orders
57 (1) A validated copy of
(a) an order giving effect to a final decision of the tribunal, or
(b) a consent resolution order
may be filed in the Supreme Court.
(2) Unless amended, varied or cancelled under this Act, 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.
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) Unless amended, varied or cancelled under this Act, 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.
59 If the tribunal cancels an order that has been filed under section 57 [enforcement by filing in Supreme Court] or 58 [enforcement by filing in Provincial Court], 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.
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
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.
62 (1) The tribunal may make rules respecting practice and procedure in tribunal proceedings to facilitate the resolution of disputes before it in accordance with its mandate.
(2) Without limiting subsection (1), the tribunal may make rules respecting the following:
(a) the form, content and manner of providing consent under section 6 [consent of initiating party] or 7 [other parties must have given consent or be required to participate];
(b) factors supporting a refusal under section 11 [general authority for tribunal to refuse to resolve a dispute];
(c) dispute resolution services provided by the tribunal, including rules respecting
(i) online dispute resolution services and their use, and
(ii) facilitated dispute resolution services that may be provided in the case management phase;
(d) procedures and processes that apply in relation to tribunal proceedings, including rules
(i) providing authority to waive or modify a rule in relation to a tribunal proceeding,
(ii) establishing times by which actions in a tribunal proceeding are to be taken, including providing authority to extend or shorten established times,
(iii) providing authority in relation to adjournments and postponements,
(iv) imposing restrictions on evidence and submissions in relation to a tribunal hearing under section 36 (3) (a) [proceeding to hearing if a party does not comply with the case management process], and
(v) respecting procedures and processes that apply to a hearing under section 52 (1) (a) [tribunal may hear claims or dispute if party does not appear];
(e) powers under the Act to make orders and give directions, including rules
(i) respecting the process for a party to request that an order or direction be made, and
(ii) respecting the cancellation of a final decision or order under section 37 [cancellation of final decision or dismissal order under section 36] or 53 [cancellation of final decision or dismissal order made in absence of party];
(f) the form, content and manner for providing notices, summons, orders or other information or records, including rules
(i) authorizing the service, giving, filing, delivery or other provision to be done through electronic communication tools provided by the tribunal or through other means,
(ii) establishing requirements for service, and what is considered to be the address for service, of a party,
(iii) authorizing substituted service, and
(iv) establishing when a notice, summons, order or other information or record is deemed to have been served on or otherwise provided to or received by the tribunal, a party or another person;
(g) the provision, receipt, disclosure and exchange of evidence, other information and records in a tribunal proceeding, including rules
(i) respecting how a person providing evidence asserts the truth of the evidence by oath, affirmation or otherwise,
(ii) respecting requirements for the preparation of expert witness evidence by a party or jointly by parties,
(iii) respecting summonses under section 33 [party may require other persons to provide evidence], including establishing witness fees and expenses that are payable in relation to a summons and providing authority for the tribunal to cancel or vary a summons, and
(iv) authorizing the tribunal to direct how expenses for the provision, receipt, disclosure and exchange are to be allocated between parties;
(h) the participation of parties and other persons in tribunal proceedings, including rules
(i) respecting who may act for an organization or office in a tribunal proceeding as referred to in section 20 (5) [who may act for corporations and other organizations],
(ii) respecting representation of a party by a lawyer or other person,
(iii) allowing a party or witness to have a supporting person present with the party or witness while participating in a tribunal proceeding, and
(iv) respecting authority of the tribunal to allow other persons to participate in a tribunal proceeding;
(i) the consequences of a party's non-compliance with the rules or with a tribunal order;
(j) establishing a tariff of expenses and charges of a party that may be payable by one party to another party;
(k) respecting the preparation of validated copies of orders and final decisions of the tribunal;
(l) respecting communications and records in relation to tribunal proceedings, including rules
(i) respecting the use, validity and authenticity of and access to electronic communications and electronic records in relation to tribunal proceedings,
(ii) respecting access to and restriction of access to tribunal records by any person, and
(iii) establishing information that is considered to be confidential under section 87 [tribunal members and staff obligation of confidentiality];
(m) respecting fees, including rules
(i) establishing fees that may be charged by the tribunal for providing services, other than services for which fees are established by regulation under section 93 (2) (d) [power to make regulations],
(ii) authorizing the tribunal to waive fees applicable under this Act for a person who cannot afford the fees, and
(iii) authorizing the tribunal to direct the refund of fees under this Act in circumstances established by the rules;
(n) rules respecting any other matter for which rules are contemplated by this Act.
(3) Where a provision of subsection (2) describes a specific matter as being included as part of the authority under that subsection, the inclusion must not be read as limiting the authority of the general description of that authority.
(4) Rules for the tribunal may be different for different classes of disputes, claims, issues and circumstances, as established by the rules.
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.
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.
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.
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
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.
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 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.
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.
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.
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.
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.
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.
74 The Lieutenant Governor in Council may not terminate the appointment of the chair, a vice chair or another tribunal member except for cause.
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.
76 Employees necessary to carry out the powers and duties of the tribunal may be appointed under the Public Service Act.
77 (1) The chair may engage or retain consultants or specialists the tribunal considers necessary to exercise the powers and perform the duties of the tribunal under this Act and may determine their remuneration.
(2) Without limiting subsection (1), the chair may engage or retain persons to conduct facilitated dispute resolution services.
(3) The Public Service Act does not apply to a person engaged or retained under this section.
Division 2 — Tribunal Organization and Operations
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.
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.
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.
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.
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
83 Tribunal members must faithfully, honestly and impartially perform their duties.
84 (1) In this section:
"protected function" means
(a) the consideration of requests for tribunal resolution,
(b) the case management phase in relation to a dispute, or
(c) a tribunal hearing in relation to a dispute;
"protected person" means a tribunal member, a case manager or other tribunal officer, or a person conducting a facilitated dispute resolution process.
(2) Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against a protected person, the tribunal or the government because of anything done or omitted
(a) in the exercise or intended exercise of any power under this Act in relation to a protected function, or
(b) in the performance or intended performance of any duty under this Act in relation to a protected function.
(3) Subsection (2) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.
Division 1 — Information and Confidentiality
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.
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.
87 Except in the performance of their duties under this Act,
(a) a tribunal officer,
(b) a person acting on behalf of or under the direction of a tribunal officer, or
(c) a person engaged or retained to provide facilitated dispute resolution services
must not disclose to any person confidential information obtained in the discharge of those duties.
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.
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 dispute resolution 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.
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] and consents under section 7 [other parties must have given consent or be required to participate], or
(ii) online dispute resolution services or facilitated dispute resolution 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 dispute resolution 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.
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.
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.
93 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing rules of practice and procedure for the tribunal;
(b) repealing or amending a rule made by the tribunal;
(c) respecting circumstances and determination of the applicable date for purposes of section 14 [running of time under Limitation Act postponed];
(d) prescribing fees that are to be paid under this Act for services provided by the tribunal;
(e) in relation to Part 1 [Small Claims Matters] of the Schedule, establishing a monetary limit for the purposes of section 1 (3) [small claims limit on amount or value] of the Schedule;
(f) in relation to Part 2 [Strata Property Matters] of the Schedule,
(i) prescribing classes of claims that are excluded from the jurisdiction of the tribunal, or
(ii) prescribing classes of orders that may not be made by the tribunal in relation to strata property matters;
(g) in relation to Part 3 [Other Matters that May Be Brought to the Tribunal] of the Schedule,
(i) establishing restrictions and requirements in relation to claims that are prescribed as being within the jurisdiction of the tribunal under that Part, and
(ii) establishing the time limit that applies in relation to judicial review of a final decision resolving a claim of the prescribed class;
(h) respecting any other matter for which regulations are contemplated by this Act.
(3) Regulations of the Lieutenant Governor in Council under this Act may be different for different classes of disputes, claims, issues and circumstances, as established by the regulations.
(4) In addition to the authority under subsection (3), regulations of the Lieutenant Governor in Council in relation to Part 2 [Strata Property Matters] of the Schedule may be different for different classes of strata lots and strata corporations, as established by the regulations.
Freedom of Information and Protection of Privacy Act
94 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the following:
| Public Body: | Civil Resolution Tribunal |
| Head: | Chair . |
Strata Property Act
95 Section 1 (1) of the Strata Property Act, S.B.C. 1998, c. 43, is amended by adding the following definitions:
"civil resolution tribunal" means the Civil Resolution Tribunal established under the Civil Resolution Tribunal Act;
"tribunal proceeding" means a tribunal proceeding under the Civil Resolution Tribunal Act; .
96 Section 59 (3) (j) is amended by striking out "or arbitration" and substituting ", arbitration or tribunal proceeding".
97 Section 112 (1) is amended by adding "or before a tribunal proceeding is started under section 12 of the Civil Resolution Tribunal Act in respect of the collection of money from an owner or tenant" after "from an owner or tenant".
98 Section 114 is amended
(a) by repealing subsection (1) (b) and substituting the following:
(b) to the strata corporation to hold in trust if
(i) the matter has been referred to arbitration,
(ii) notice of a tribunal proceeding has been given under section 12 of the Civil Resolution Tribunal Act, or
(iii) court proceedings have been started. , and
(b) in subsection (3) by striking out "the court or arbitrator" and substituting "the arbitrator, the civil resolution tribunal or the court".
99 Section 115 (5) is amended by striking out "which have not been determined by a court or by arbitration." and substituting "that have not been determined by a court, by arbitration or by the civil resolution tribunal."
100 Section 124 is amended
(a) in subsection (3) by striking out "or begin arbitration." and substituting ", begin arbitration or mediation or request that the tribunal resolve a claim under the Civil Resolution Tribunal Act.", and
(b) by repealing subsection (4) and substituting the following:
(4) An admission, statement, document or record that is made only for the purpose of a voluntary dispute resolution process in the bylaws may not be used in court, in an arbitration or mediation, in a tribunal proceeding or in any other proceeding.
101 The heading to Part 10 is repealed and the following substituted:
Part 10 — Legal Proceedings and Dispute Resolution .
102 Section 176 is repealed and the following substituted:
176 The requirements and procedures regarding authorizations for suits and liability for expenses and judgments in suits by and against the strata corporation, as set out in the following sections, apply to an arbitration in which the strata corporation is a party:
(a) section 166 [owner's liability for judgment against corporation];
(b) section 167 [defending suits];
(c) section 169 [limit on owner's responsibility for costs];
(d) section 171 [corporation may sue as representative of all owners];
(e) section 172 [corporation may sue on behalf of some owners].
103 Section 177 (1) and (2) is amended by striking out "Subject to section 178 (1)" and substituting "Subject to sections 178 (1) and 178.1 (1)".
104 The following section is added:
178.1 (1) Subject to subsection (2), a dispute must not be referred to arbitration under section 177 (1) or (2) of this Act once a tribunal proceeding has started under section 12 of the Civil Resolution Tribunal Act in relation to the same dispute.
(2) A dispute may be referred to arbitration under section 177 (1) or (2) of this Act if
(a) the civil resolution tribunal notifies the parties of its refusal to resolve the dispute, or
(b) the parties agree to withdraw from a tribunal proceeding under section 21 of the Civil Resolution Tribunal Act in relation to the same dispute.
105 The following Division is added to Part 10:
Division 5 — Civil Resolution Tribunal
189.1 (1) A strata corporation may make a request under section 4 of the Civil Resolution Tribunal Act asking the civil resolution tribunal to resolve a claim concerning anything described in section 6 or 7 of the Schedule to that Act.
(2) In making a request under subsection (1), the strata corporation is consenting to having the claim resolved by the tribunal under the Civil Resolution Tribunal Act.
189.2 (1) Subject to subsection (2), an owner or tenant may make a request under section 4 of the Civil Resolution Tribunal Act asking the civil resolution tribunal to resolve a claim concerning anything described in section 6 or 7 of the Schedule to that Act.
(2) An owner or tenant may not make a request referred to in subsection (1) unless
(a) the owner or tenant requested a council meeting under section 34.1 of this Act and the matter was not resolved under that section, or
(b) the civil resolution tribunal, on request by the owner or tenant, directs that the requirements of paragraph (a) do not apply.
(3) If an owner or tenant makes a request under subsection (1) in relation to a claim against the strata corporation, the strata corporation is required to participate as a party to the tribunal proceeding in relation to that claim.
189.3 The strata corporation is required to participate as a party to the tribunal proceeding if,
(a) under section 31 of the Civil Resolution Tribunal Act, the case manager considers that a strata corporation should properly be a party to a dispute, and
(b) the dispute concerns a claim that the tribunal is dealing with under section 6 or 7 of the Schedule to that Act.
189.4 The requirements and procedures regarding authorization for suits and liability for expenses and judgments in suits by and against the strata corporation, as set out in the following sections, apply to a dispute being resolved by the civil resolution tribunal in which the strata corporation is a party:
(a) section 166 [owner's liability for judgment against corporation];
(b) section 167 [defending suits];
(c) section 169 [limit on owner's responsibility for costs];
(d) section 171 (5) and (6) [corporation may sue as representative of all owners];
(e) section 172 (1) (a), (2) and (3) [corporation may sue on behalf of some owners].
189.5 (1) Sections 15 and 16 of the Civil Resolution Tribunal Act apply to the relationship between court proceedings and a tribunal proceeding in respect of the same claim that concerns anything described in Part 2 [Strata Property Matters] of the Schedule to that Act.
(2) Section 178.1 of this Act applies to the relationship between arbitration under Division 4 of this Part and a tribunal proceeding in respect of the same claim that concerns anything described in Part 2 [Strata Property Matters] of the Schedule to the Civil Resolution Tribunal Act.
Strata Property Amendment Act, 2009
106 Section 1 of the Strata Property Amendment Act, 2009, S.B.C. 2009, c. 17, is repealed.
107 Section 5 is repealed and the following substituted:
5 Section 33 (1) is amended by striking out "to a court having jurisdiction" and substituting "to the Supreme Court".
108 Section 10 is repealed.
109 Section 19 is repealed.
110 Section 25 is amended
(a) by repealing paragraph (a), and
(b) by repealing paragraph (c) and substituting the following:
(c) by adding the following subsection:
(2) If, under section 108 (2) (a),
(a) a resolution is proposed to approve a special levy to raise money for the maintenance or repair of common property or common assets that is necessary to ensure safety or to prevent significant loss or damage, whether physical or otherwise, and
(b) the number of votes cast in favour of the resolution is more than 1/2 of the votes cast on the resolution but less than the 3/4 vote required under section 108 (2) (a),
the strata corporation may apply to the Supreme Court, on such notice as the court may require, for an order under subsection (4) of this section.
(3) An application under subsection (2) must be made within 90 days after the vote referred to in that subsection.
(4) On an application under subsection (2), the court may make an order approving the resolution and, in that event, the strata corporation may proceed as if the resolution had been passed under section 108 (2) (a).
111 Sections 13 and 14 of this Act are repealed and the following substituted:
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.
14 (1) If the tribunal gives notice under section 12 [tribunal proceeding started when notice sent], 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
(i) the date the tribunal notifies the parties of its refusal to resolve the claim,
(ii) the date the parties to the tribunal proceeding withdraw from the proceeding under section 21 [parties may agree to withdraw from tribunal proceeding], or
(iii) in relation to judicial review of a final decision, the date on which a circumstance prescribed by regulation occurs, 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
(i) the date the tribunal notifies the parties of its refusal to resolve the claim,
(ii) the date the parties to the tribunal proceeding withdraw from the tribunal proceeding under section 21 [parties may agree to withdraw from tribunal proceeding], or
(iii) in relation to judicial review of a final decision, the date on which a circumstance prescribed by regulation occurs, 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.
112 This Act comes into force by regulation of the Lieutenant Governor in Council.
Division 1 — Small Claims Matters that May Be Resolved
by the Tribunal
1 (1) The Lieutenant Governor in Council may make regulations prescribing classes of disputes respecting the following as being within the jurisdiction of the tribunal:
(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) Unless otherwise restricted under this Act, a person may make a request for tribunal resolution of a claim that is within the jurisdiction of the tribunal as established under subsection (1).
(3) A person may not make a request for tribunal resolution of a claim unless
(a) the amount claimed or the value of the personal property or services, excluding interest, expenses and charges, is equal to or less than the amount prescribed by regulation, and
(b) the claim could be dealt with by a claim in Provincial Court under the Small Claims Act.
(4) A person may not make a request for tribunal resolution of a claim as a small claims matter if the claim could be dealt with by the tribunal under
(a) section 6 [tribunal's jurisdiction in relation to strata property matters], or
(b) section 7 [tribunal's jurisdiction in relation to additional strata property matters].
2 (1) A person who has a claim amounting to more than the prescribed amount referred to in section 1 (3) (a) [tribunal's jurisdiction in relation to small claims matters], excluding interest, expenses and charges, may abandon part of the claim so that the tribunal may resolve the balance of the claim.
(2) To abandon part of the claim, the person must state in the request for tribunal resolution of the claim that the amount of the claim over the prescribed amount is abandoned.
(3) Subject to subsection (4), a person who abandons part of a claim may not
(a) make a request for tribunal resolution of a claim concerning the abandoned part, or
(b) commence a court proceeding or other legally binding process in relation to the abandoned part.
(4) A person may commence a court proceeding or other legally binding process for the whole amount of the claim in a court proceeding if
(a) the tribunal refuses to resolve the claim, or
(b) the parties agree to withdraw from the tribunal proceeding under section 21 [parties may agree to withdraw from tribunal proceeding] of the Act in relation to the same dispute.
Division 2 — Tribunal's Authority Specific
to Small Claims Matters
3 In resolving a claim brought to the tribunal under section 1 [tribunal's jurisdiction in relation to small claims matters], the tribunal may make any order against a party to the dispute that the tribunal considers necessary to resolve the claim.
Division 3 — Judicial Review of Small Claims Matters
4 The time limit for commencing an application for judicial review of a final decision of the tribunal in respect of a claim for which the tribunal has jurisdiction under section 1 [tribunal's jurisdiction in relation to small claims matters] of this Schedule is 60 days after the date on which the final decision is provided under section 47 (b) [notice of final decision] of the Act.
Part 2 — Strata Property Matters
Division 1 — Strata Property Matters that May Be Resolved
by the Tribunal
5 In relation to this Part, words and expressions have the same meaning as in the Strata Property Act or a regulation under that Act.
6 (1) Subject to this Part and section 189.5 [relationship with court proceedings and arbitrations] of the Strata Property Act, if a claim concerns an issue described in subsection (3) of this section,
(a) a strata corporation may make a request for tribunal resolution of a claim against an owner or tenant, and
(b) an owner or tenant may make a request for tribunal resolution of a claim against the strata corporation or against another owner or tenant.
(2) For the purposes of this section, a reference to an owner or tenant includes a person who was an owner or tenant at the time the claim arose.
(3) Subject to section 8 [strata property matters that may not be dealt with by the tribunal], a claim concerning one or more of the following may be the subject of a request referred to in subsection (1) of this section:
(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.
7 (1) Subject to this Part and section 189.5 [relationship with court proceedings and arbitrations] of the Strata Property Act, an owner, a tenant or the strata corporation may make a request for tribunal resolution of a claim that concerns
(a) an action or threatened action by the strata corporation, including the council, in relation to an owner or tenant,
(b) a decision of the strata corporation, including the council, in relation to an owner or tenant, or
(c) 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 section, a reference to an owner or tenant includes a person who was an owner or tenant at the time the claim arose.
8 (1) For certainty, a person may not make a request for tribunal resolution of, and 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 89 [removal of claim of lien after purchase from owner developer];
(b) section 90 [removal of liens and other charges];
(c) section 160 [court orders respecting rebuilding damaged property];
(d) section 174 [appointment of administrator for strata corporation];
(e) section 233 [other amendments respecting Phased Strata Plan];
(f) section 235 [orders if owner developer elects not to proceed with next phase];
(g) section 236 [order to compel completion of a phase];
(h) section 246 [order for amendment of Schedule of Unit Entitlement];
(i) section 279 [order vesting authority in liquidator];
(j) section 284 [application to wind up strata corporation].
(2) A person may not make a request for tribunal resolution of, and the tribunal does not have jurisdiction in relation to, any of the following claims:
(a) a claim to which Part 5 of the Residential Tenancy Act applies;
(b) a claim to which Part 5 of the Residential Tenancy Act does not apply and all parties have agreed that the Commercial Arbitration Act will apply;
(c) a claim prescribed by regulation as being excluded from the jurisdiction of the tribunal.
Division 2 — Tribunal's Authority Specific
to Strata Property Matters
9 In resolving a claim brought to the tribunal under section 6 [tribunal's jurisdiction in relation to strata property matters], the tribunal may make an order doing one or more of the following:
(a) requiring a party to do something;
(b) requiring a party to refrain from doing something;
(c) requiring a party to pay money.
10 (1) In resolving a claim brought to the tribunal under section 7 [tribunal's jurisdiction in relation to additional strata property matters], the tribunal may make an order under this section if it considers that the order is necessary to prevent or remedy a significantly unfair action, decision or exercise of voting rights.
(2) For the purposes of subsection (1), the tribunal may make an order, directed at the strata corporation, the council or the person who holds 50% or more of the votes, as a party to the tribunal proceeding,
(a) requiring the party to do something,
(b) requiring the party to refrain from doing something, or
(c) requiring the party to pay money.
11 (1) As a restriction on sections 9 [powers of tribunal in relation to strata property matters] and 10 [powers of tribunal in relation to additional strata property matters], 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.
(2) For certainty, in resolving a claim brought to the tribunal under section 6 [tribunal's jurisdiction in relation to strata property matters] or 7 [tribunal's jurisdiction in relation to additional strata property matters], the tribunal may not make an order under any of the following provisions of the Strata Property Act:
(a) section 33 [accountability];
(b) section 58 [court appointed voter];
(c) section 117 [forced sale of owner's strata lot to collect money owing];
(d) section 208 [orders respecting requests from leasehold landlords];
(e) section 209 [leasehold landlord's remedies on leasehold tenant's default];
(f) section 226 (1) (c) and (d) [release of security for common facilities].
Division 3 — Judicial Review of Strata Property Matters
12 The time limit for commencing an application for judicial review of a final decision of the tribunal in respect of a claim for which the tribunal has jurisdiction under
(a) section 6 [tribunal's jurisdiction in relation to strata property matters], or
(b) section 7 [tribunal's jurisdiction in relation to additional strata property matters]
is 90 days after the date on which the final decision is provided under section 47 (b) [notice of final decision] of the Act.
Part 3 — Other Matters that May Be Brought
to the Tribunal
13 (1) The Lieutenant Governor in Council may make regulations
(a) prescribing classes of claims that are not covered by Part 1 [Small Claims Matters] or 2 [Strata Property Matters] of this Schedule as being within the jurisdiction of the tribunal, and
(b) conferring powers on the tribunal for the purpose of providing the tribunal with authority to resolve those claims.
(2) Unless otherwise restricted under this Act, a person may make a request for tribunal resolution of a claim that is within the jurisdiction of the tribunal under subsection (1).
(3) The time limit for commencing an application for judicial review of a final decision in respect of a claim that is within the jurisdiction of the tribunal under this section is the time limit prescribed by regulation for this purpose.
This Bill establishes the Civil Resolution Tribunal. The tribunal will offer people an alternative to court proceedings for resolving disputes that are within the authority of the tribunal.
As described in the Bill, 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.
In fulfilling its mandate, the role of the tribunal is to encourage the resolution of disputes by agreement between the parties and, if resolution by agreement is not reached, to resolve the dispute by deciding the claims brought to the tribunal by the parties.
Initial authority for the tribunal will be in relation to certain small claims matters and certain strata property matters, as set out in the Schedule to the Act.