Section 1 definition of "dispute resolution process" BEFORE repealed by 2015-10-2(a), effective December 18, 2015 (BC Reg 240/2015).
"dispute resolution process" means a confidential and without prejudice process established by the tribunal to facilitate the settlement of one or more issues in dispute;
Section 1 definition of "facilitated settlement process" was added by 2015-10-2(a), effective December 18, 2015 (BC Reg 240/2015).
Section 1 definition of "tribunal" BEFORE amended by 2015-10-2(b), effective December 18, 2015 (BC Reg 240/2015).
"tribunal" means a tribunal to which some or all of the provisions of this Act are made applicable under the tribunal's enabling Act;
Section 2 (1) and (2) BEFORE amended by 2015-10-5, effective December 18, 2015 (BC Reg 240/2015).
(1) The chair of the tribunal may be appointed by the appointing authority, after a merit based process, to hold office for an initial term of 3 to 5 years.
(2) The chair may be reappointed by the appointing authority for additional terms of up to 5 years.
Section 3 (1) and (2) BEFORE amended by 2015-10-6, effective December 18, 2015 (BC Reg 240/2015).
(1) A member, other than the chair, may be appointed by the appointing authority, after a merit based process and consultation with the chair, to hold office for an initial term of 2 to 4 years.
(2) A member may be reappointed by the appointing authority as a member of the tribunal for additional terms of up to 5 years.
Section 4 BEFORE amended by 2004-57-1, effective October 21, 2004 (Royal Assent).
Chair's absence or incapacitation
4 (1) If the chair expects to be absent or is absent, the chair may designate a vice chair as the acting chair.
(2) If the chair expects to be absent or is absent and there is no vice chair, the chair may designate a member as the acting chair.
(3) Despite subsections (1) and (2), if the chair is absent or incapacitated for an extended period of time, the appointing authority may designate a vice chair as the acting chair.
(4) Despite subsections (1) and (2), if the chair is absent or incapacitated for an extended period of time and there is no vice chair, the appointing authority may designate a member as the acting chair.
(5) Subsections (3) and (4) apply whether or not a person is designated, under the Act under which the chair is appointed, to act on behalf of the chair.
(6) A person designated under any of subsections (1) to (4) has all the powers and may perform all the duties of the chair.
Section 5 BEFORE amended by 2007-14-1(a) and (b), effective October 18, 2007 (BC Reg 311/2007).
Member's absence or incapacitation
5 If a member is absent or incapacitated for an extended period of time or expects to be absent for an extended period of time, the appointing authority, after consultation with the chair, may appoint another person, who would otherwise be qualified for appointment as a member, to replace the member until the member returns to duty or the member's term expires, whichever comes first.
Section 6 (2) BEFORE amended by 2007-14-2, effective October 18, 2007 (BC Reg 311/2007).
(2) Under subsection (1), an individual may be appointed to the tribunal only once in any 2 year period.
Part 3, sections 10.1 to 10.6 were enacted by 2015-10-8, effective December 18, 2015 (BC Reg 240/2015).
Section 10.2 (7) BEFORE amended by 2023-10-1, effective March 30, 2023 (Royal Assent).
(7) The executive chair is a member of each of the tribunals in the cluster for which he or she is responsible.
Section 10.3 (7) BEFORE amended by 2023-10-2, effective March 30, 2023 (Royal Assent).
(7) The tribunal chair is a member of the tribunal for which he or she is appointed.
Section 10.6 (3) and (4) BEFORE amended by 2023-10-3, effective March 30, 2023 (Royal Assent).
(3) On a tribunal in a cluster ceasing to be in any cluster, the individual appointed as tribunal chair is deemed to be the chair under the tribunal's enabling Act for the remainder of the term of his or her appointment as tribunal chair.
(4) On an individual appointed as tribunal chair being appointed as executive chair of a cluster, the individual remains the tribunal chair until his or her appointment as tribunal chair expires or is terminated.
Section 11 (1) BEFORE amended by 2015-10-10(a), effective December 18, 2015 (BC Reg 240/2015).
(1) Subject to this Act and the tribunal's enabling Act, the tribunal has the power to control its own processes and may make rules respecting practice and procedure to facilitate the just and timely resolution of the matters before it.
Section 11 (2) (i.1), (j.1), (v.1) and (x) were added by 2015-10-10(c), effective December 18, 2015 (BC Reg 240/2015).
Section 12 (3) BEFORE amended by 2015-10-11, effective December 18, 2015 (BC Reg 240/2015).
(3) Practice directives issued under subsection (1) must be consistent with this Act and with the tribunal's enabling Act, the regulations made under those Acts and any rules of practice and procedure made by the tribunal.
Section 13 (1) BEFORE amended by 2015-10-12, effective December 18, 2015 (BC Reg 240/2015).
(1) The tribunal may issue practice directives consistent with this Act and with the tribunal's enabling Act, the regulations made under those Acts and any rules of practice and procedure made by the tribunal.
Section 16 (1) BEFORE amended by 2015-10-13, effective December 18, 2015 (BC Reg 240/2015).
(1) On the request of the parties to an application, the tribunal may make a consent order if it is satisfied that the order is consistent with its enabling Act.
Section 17 (2) BEFORE amended by 2015-10-14, effective December 18, 2015 (BC Reg 240/2015).
(2) If the parties reach a settlement in respect of all or part of the subject matter of an application, on the request of the parties, the tribunal may make an order that includes the terms of settlement if it is satisfied that the order is consistent with its enabling Act.
Section 21 BEFORE amended by 2004-57-2, effective October 21, 2004 (Royal Assent).
21 If the tribunal is of the opinion that because there are so many parties to an application or for any other reason it is impracticable to give notice of a hearing to a party by a method referred to in section 19 (1) (a) to (d), the tribunal may give notice of a hearing by public advertisement or otherwise as the tribunal directs.
Section 22 (1) BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).
(1) A decision may be appealed by filing a notice of appeal with the appeal tribunal.
Section 22 (2) (a) BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).
(a) be in writing or in another form authorized by the appeal tribunal's rules,
Section 23 (1) BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).
(1) A decision may be appealed by filing a notice of appeal with the appeal tribunal.
Section 23 (2) (a) BEFORE amended by BC Reg 335/2006 under RS1996-440-12, effective December 4, 2006 (BC Reg 335/2006).
(a) be in writing or in another form authorized by the appeal tribunal's rules,
Section 27 (2) BEFORE amended by 2015-10-15, effective December 18, 2015 (BC Reg 240/2015).
(2) The chair of the tribunal may engage or retain consultants, investigators, lawyers, expert witnesses or other persons the tribunal considers necessary to exercise its powers and carry out its duties under the tribunal's enabling Act and may determine their remuneration.
Section 28 BEFORE re-enacted by 2015-10-16, effective December 18, 2015 (BC Reg 240/2015).
Appointment of person to conduct dispute resolution process
28 (1) The chair of the tribunal may appoint a member or staff of the tribunal or other person to conduct a dispute resolution process.
(2) If a member of the tribunal is appointed under subsection (1), that member, in addition to assisting in a dispute resolution process, may make pre-hearing orders in respect of the application but must not hear the merits of the application unless all parties consent.
Section 29 (1) (a) and (b) BEFORE amended by 2015-10-17, effective December 18, 2015 (BC Reg 240/2015).
(a) a document or other record created by a party specifically for the purposes of achieving a settlement of one or more issues through a dispute resolution process, or
(b) a statement made by a party in a dispute resolution process specifically for the purpose of achieving a settlement of one or more issues in dispute.
Section 39 (2) (d) BEFORE amended by 2004-57-3, effective October 21, 2004 (Royal Assent).
(d) the impact of granting the adjournment on the other parties;
Section 40 (5) BEFORE repealed by 2015-10-18, effective December 18, 2015 (BC Reg 240/2015).
(5) Notes or records kept by a person appointed by the tribunal to conduct a dispute resolution process in relation to an application are inadmissible in tribunal proceedings.
Section 44 BEFORE amended by 2004-57-4, effective October 21, 2004 (Royal Assent).
44 The tribunal does not have jurisdiction over constitutional questions.
Section 47 (1) BEFORE amended by 2015-10-21, effective December 18, 2015 (BC Reg 240/2015).
(1) Subject to the regulations, the tribunal may make orders for payment as follows:
(a) requiring a party to pay part of the costs of another party or an intervener in connection with the application;
(b) requiring an intervener to pay part of the costs of a party or another intervener in connection with the application;
(c) if the tribunal considers the conduct of a party has been improper, vexatious, frivolous or abusive, requiring the party to pay part of the actual costs and expenses of the tribunal in connection with the application.
Section 55 (1) BEFORE amended by 2015-10-25, effective December 18, 2015 (BC Reg 240/2015).
(1) A tribunal member, a person acting on behalf of or under the direction of a tribunal member or a person who conducts a dispute resolution process on behalf of or under the direction of the tribunal must not be required to testify or produce evidence in any proceeding, other than a criminal proceeding, about records or information obtained in the discharge of duties under the tribunal's enabling Act or this Act.
Section 56 (1) BEFORE amended by 2015-10-26(a), effective December 18, 2015 (BC Reg 240/2015).
(1) In this section, "decision maker" includes a tribunal member, adjudicator, registrar or other officer who makes a decision in an application or an interim or preliminary matter, or a person who conducts a dispute resolution process.
Section 56 (2) (a) and (b) BEFORE amended by 2015-10-26(b), effective December 18, 2015 (BC Reg 240/2015).
(a) in the performance or intended performance of any duty under this Act or the tribunal's enabling Act, or
(b) in the exercise or intended exercise of any power under this Act or the tribunal's enabling Act.
Section 58 (1) BEFORE amended by 2015-10-28, effective December 18, 2015 (BC Reg 240/2015).
(1) If the tribunal's enabling Act contains a privative clause, relative to the courts the tribunal must be considered to be an expert tribunal in relation to all matters over which it has exclusive jurisdiction.
Section 60 BEFORE amended by 2015-10-31, effective December 18, 2015 (BC Reg 240/2015).
Power to make regulations
60 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) prescribing tariffs of fees to be paid with respect to the filing of different types of applications, including preliminary and interim applications;
(d) prescribing the circumstances in which an award of costs may be made by the tribunal;
(e) prescribing a tariff of costs payable under a tribunal order to pay part of the costs of a party or intervener;
(f) prescribing limits and rates relating to a tribunal order to pay part of the actual costs and expenses of the tribunal.
Section 61 (2) (part) BEFORE amended by 2007-9-127, effective June 21, 2007 (BC Reg 226/2007).
(2) The Freedom of Information and Protection of Privacy Act, other than section 44 (2), (2.1) and (3), does not apply to any of the following:
Section 61 (1) and (2) (b) BEFORE amended by 2015-10-32, effective December 18, 2015 (BC Reg 240/2015).
(1) In this section, "decision maker" includes a tribunal member, adjudicator, registrar or other officer who makes a decision in an application or an interim or preliminary matter, or a person who conducts a dispute resolution process.
(b) notes or records kept by a person appointed by the tribunal to conduct a dispute resolution process in relation to an application;