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楼主: 郭国汀

Sponosor your spouse dependent child in Canada class

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 楼主| 发表于 4/19/2019 17:23:40 | 显示全部楼层
Limitation on recovery for acts of violence
90   If the dominant cause of any bodily injury to or death of a person is the use of any weapon or any object, other than a vehicle, used as a weapon,


(a) the insurer is not liable under this Act, including, without limitation, under section 20, 24, 76, 77 or 78 or under an optional insurance contract or the plan, to indemnify or to pay any insurance money to or on behalf of


(i) the person using the weapon or object,


(ii) the person suffering the bodily injury or death, or


(iii) a spouse, child, parent or personal representative of a person referred to in subparagraph (i) or (ii), and


(b) the person using the weapon or object is not a designated defendant, as that term is defined in section 95, for the purposes of Part 6.


Limitation on recovery in relation to stolen vehicles
91   (1) This section applies to a person who


(a) suffered bodily injury, death or loss of or damage to property that is caused by the use or operation of a vehicle, and


(b) at the time of the accident as a result of which the bodily injury, death or loss of or damage to property was suffered, was an operator of, or a passenger in or on, a vehicle that the person knew or ought to have known was being operated without the consent of the owner, and, in the case of a leased motor vehicle, the lessee.


(2) Despite the Negligence Act and section 100 of this Act,


(a) if 2 or more persons are found at fault for the bodily injury, death or loss of or damage to property referred to in subsection (1), they are liable to the person referred to in that subsection for any damages awarded for that bodily injury, death or loss of or damage to property in the degree to which they are respectively found to have been at fault and are not liable to make contribution to and indemnify each other respecting that liability or any payment made in relation to it, and


(b) a person referred to in subsection (1) is not entitled to any recovery from the corporation under section 20.


Payment to minor
92   (1) A payment of insurance money for or on behalf of


(a) a minor, or


(b) an adult who is incapable of making decisions about the adult's financial affairs, business or property and does not have


(i) a committee under the Patients Property Act,


(ii) an attorney under Part 2 of the Power of Attorney Act, or


(iii) a representative having power over the adult's financial affairs under section 7 (1) (b) of the Representation Agreement Act,


must be made to the Public Guardian and Trustee, to be administered as the Public Guardian and Trustee considers advisable, and the Public Guardian and Trustee may make arrangements with other persons, societies or agencies for this purpose.


(2) [Repealed 2007-34-84.]


(3) Subsection (1) does not apply to a payment of insurance money made for or on behalf of a minor as indemnity for the loss of, damage to or the loss of use of property.


Family exclusion clauses
93   A provision in the plan or an optional insurance contract that the insurer is not liable to indemnify a person insured under the plan or optional insurance contract for any liability resulting from bodily injury to or the death of the child or spouse of that person has no effect after April 16, 1985, whether the insurance under the plan or the optional insurance contract took effect before or after that date.


Corporation's collection remedies
93.1   (1) In this section:


"convicted" includes


(a) being found guilty, whether under the Youth Criminal Justice Act (Canada) or, before April 1, 2003, under the Young Offenders Act (Canada), as it then was, of contravening section 220, 221, 249, 252, 253, 254 (5), 255 (2) or (3), 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code, and


(b) convicted or subject to a similar result in a jurisdiction of the United States of America under a law similar to the Youth Criminal Justice Act (Canada) for contravening a provision of the law of that jurisdiction that is similar to


(i) section 220, 221, 249, 252, 253, 254 (5), 255 (2) or (3), 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code, or


(ii) section 224 or 226 of the Motor Vehicle Act;


"fine indebtedness" means the indebtedness referred to in paragraph (f) of the definition of "vehicle indebtedness";


"vehicle indebtedness" means


(a) money owing to the corporation in respect of premiums and related fees, charges or interest,


(b) an amount paid by the corporation under section 76 on behalf of an insured if


(i) the amount was, under section 76, paid to a person having a claim referred to in section 76 (2), and


(ii) the insured


(A) is, in relation to the accident that resulted in the injury, death or loss of or damage to property for which the payment was made, convicted of an offence under section 220, 221, 249, 252, 253 (a) or 255 (2) or (3) of the Criminal Code, or of an offence under a provision of the law of the United States of America that is similar to one of those sections, and the offence was committed while the insured was operating or having care or control of a vehicle or by means of a vehicle,


(B) is convicted of an offence under section 253 (b) of the Criminal Code, section 224 of the Motor Vehicle Act or a provision of another jurisdiction in Canada or the United States of America that is similar to either of those sections, and the accident occurred during the person's commission of the offence and while the person was operating a vehicle,


(C) is convicted of an offence under section 254 (5) of the Criminal Code, section 226 of the Motor Vehicle Act or a provision of the law of another jurisdiction in Canada or the United States of America that is similar to either of those sections, and the accident occurred within the 2 hours preceding the person's commission of the offence and while the person was operating a vehicle, or


(D) was, at the time that the accident occurred, operating a vehicle when not authorized and qualified by law to operate the vehicle,


(c) money in respect of which rights of recovery are assigned to the corporation under section 84 if the person against whom the corporation is entitled to exercise those rights of recovery is, in relation to the injury, death or loss of or damage to property in respect of which the money was paid, convicted of an offence under section 322, 334, 335, 344, 354, 355, 430, 434 or 435 of the Criminal Code or of an offence under a provision of the law of the United States of America that is similar to one of those sections,


(d) money owing to the corporation under


(i) any judgment obtained by the corporation, including any order for costs in favour of the corporation or an insured, or


(ii) any compensation or restitution order made in favour of the corporation under section 42.1 (6) of this Act, under the Criminal Code or under any other enactment,


(d.1) a monetary penalty imposed under section 215.44 of the Motor Vehicle Act that has not been paid,


(e) a fee that is prescribed under the Motor Vehicle Act, and that has not been paid, for


(i) the registration of a motor vehicle or trailer,


(ii) a licence or permit for a motor vehicle or trailer, or


(iii) a driver's licence, and


(f) indebtedness to the government because of a failure to pay a fine, or a victim's surcharge levy within the meaning of the Victims of Crime Act, imposed as a result of a conviction under


(i) a motor vehicle related Criminal Code offence, within the meaning of the Motor Vehicle Act,


(ii) the Motor Vehicle Act,


(iii) the Commercial Transport Act,


(iv) the Motor Fuel Tax Act,


(v) the Highway Act or the Transportation Act,


(vi) the Passenger Transportation Act, or


(vii) [Repealed 2014-5-46.]


(viii) [Repealed 2007-14-140.]


(ix) the Off-Road Vehicle Act.


(2) Subject to subsection (4) but despite any other provision of this Act or the regulations, if a person is indebted to the government or the corporation for a vehicle indebtedness, the corporation may do one or more of the following for so long as any part of the vehicle indebtedness remains outstanding:


(a) recover the vehicle indebtedness by action against the debtor in a court of competent jurisdiction;


(b) refuse any application made by the debtor for insurance;


(c) cancel any owner's certificate issued in the debtor's name or any universal compulsory vehicle insurance issued in the debtor's name;


(d) issue an owner's certificate or provide universal compulsory vehicle insurance to the debtor with a term of more than 90 days but less than one year;


(e) cancel any driver's certificate issued in the debtor's name;


(f) issue a driver's certificate to the debtor with a term of more than 90 days but less than 5 years.


(3) Subject to subsection (4) but despite any other provision of this Act or the regulations, if a person is required to reimburse the corporation under section 90 (12) of the Motor Vehicle Act, the corporation may exercise one or more of the rights referred to in subsection (2) (a), (b), (d) or (f) of this section for so long as any part of that indebtedness remains outstanding.


(4) Despite subsections (2) and (3), the corporation must not exercise a right referred to in subsection (2) (b), (c), (d), (e) or (f) unless


(a) the indebtedness is a fine indebtedness,


(b) the corporation has a judgment in its favour in relation to the indebtedness in respect of which it intends to exercise one or more of those rights, or


(c) the corporation mails to the debtor, at the debtor's last address according to the corporation's records, a written demand for payment of that indebtedness together with a notice of any action the corporation intends to take under this section, and the debtor does not, within 30 days after the date of mailing, pay the indebtedness or make arrangements satisfactory to the corporation for payment of the indebtedness.


(5) If money is owed by a debtor to the corporation or the government for a vehicle indebtedness, to the corporation for a reimbursement required under section 90 (12) of the Motor Vehicle Act or to the corporation for any other reason, the corporation may deduct the amount of the indebtedness from any insurance money, other than benefits as defined in section 83 (1) of this Act, payable by the corporation to the debtor, whether or not the corporation has provided a demand to the debtor under subsection (4) (c) of this section.


(6) Nothing in this section limits or qualifies any other collection remedy or right available to the corporation or the government under this or any other enactment in relation to any indebtedness, including a vehicle indebtedness, owing by any person to the corporation or to the government.


Power to make regulations under this Part
94   (1) Without limiting any power of the Lieutenant Governor in Council to make regulations under any other Part of this Act, the Lieutenant Governor in Council may make regulations under this Part as follows:


(a) respecting the priority of claims under the plan or optional insurance contracts;


(b) establishing an amount, or prescribing the manner of determining an amount, for the purposes of section 82.1 (2) (b);


(c) prescribing lessors or motor vehicles, or classes of either, for the purposes of section 82.1 (3) (b);


(d) prescribing circumstances for the purposes of paragraphs (c) and (f) of the definition of "benefits" in section 83 (1).


(2) In making regulations under subsection (1) (c), the Lieutenant Governor in Council may make different regulations in relation to lessors and motor vehicles, or classes of either, in different circumstances.

 楼主| 发表于 4/19/2019 17:58:24 | 显示全部楼层
Part 6 — Vehicle Actions


Definitions
95   In this Part:


"accident" means an unintentional mishap occurring in British Columbia as a result of which a person suffers bodily injury, death or loss of or damage to property that arises out of the use or operation of a vehicle;


"designated defendants", subject to section 90 (b), means, in relation to an accident, the following persons:


(a) each owner of a vehicle involved in the accident;


(b) each operator of or passenger in or on a vehicle involved in the accident and each person vicariously liable for that individual;


(c) any other individual who, as a result of that individual's acts or omissions at the scene of the accident, has some involvement in the accident and each person vicariously liable for that individual,


and, in relation to a claim made under section 20 or an action brought under section 24, includes the corporation;


"net income loss", in relation to a person who suffered loss of income as a result of an accident is, for any period,


(a) if the person is a person referred to in section 2 (1) of the Income Tax Act, the gross income that the person lost in that period less the amount that would have been payable on that gross income for the following:


(i) income tax under the Income Tax Act, as that Act read on December 31 of the calendar year before the calendar year in respect of which the net income loss is to be determined, calculated in accordance with the regulations and with reference to prescribed deductions and tax credits;


(ii) income tax under the Income Tax Act (Canada) as that Act read on December 31 of the calendar year before the calendar year in respect of which the net income loss is to be determined, calculated in accordance with the regulations under, and with reference to deductions and tax credits prescribed under, this Act;


(iii) premiums under the Employment Insurance Act (Canada), as that Act read on December 31 of the calendar year before the calendar year in respect of which the net income loss is to be determined, or


(b) for any other person, the gross income that the person lost in that period less the following amounts calculated in accordance with the regulations under this Act:


(i) the amount that would have been payable as taxes on that gross income according to the tax laws in the jurisdiction in which the person is liable to pay tax on income, as those laws read on December 31 of the calendar year before the calendar year in respect of which the net income loss is to be determined, calculated with reference to deductions and tax credits prescribed under this Act;


(ii) the premiums or other amounts, if any, that would have been payable in respect of that gross income according to the laws in the jurisdiction in which the person is liable to pay tax on income, as those laws read on December 31 of the calendar year before the calendar year in respect of which the net income loss is to be determined, for a purpose similar or equivalent to that of the Employment Insurance Act (Canada);


"vehicle action" means an action brought in British Columbia in which damages are claimed for bodily injury, death or loss of or damage to property that arises out of the use or operation of a vehicle.


Alternative dispute resolution
96   (1) The Lieutenant Governor in Council may make regulations respecting mediation in vehicle actions including, without limitation, regulations


(a) providing to a party to a vehicle action the ability to require the parties to engage in mediation and setting out when and how that ability may be exercised and prescribing any other results that flow from the exercise of that ability, and


(b) respecting


(i) the forms or procedures that must or may be used or followed before, during and after the mediation process,


(ii) the requiring and maintaining confidentiality of information disclosed for the purposes of mediation,


(iii) the circumstances and manner in which a party to a vehicle action may opt out of or be exempted from mediation,


(iv) the costs and other sanctions that may be imposed in relation to mediation, including, without limitation, in relation to any failure to participate in mediation when and as required or otherwise to comply with the regulations,


(v) the mediators' fees and disbursements, and


(vi) qualifications required for, and the selection and identification of, individuals who may act as mediators in the mediation process contemplated by these regulations.


(2) If and to the extent that there is any conflict between the regulations made under subsection (1) and any other enactment, including, without limitation, the rules of any court, the regulations made under subsection (1) apply.


(3) Regulations made under subsection (1) may provide for a mediation process to be applicable to vehicle actions brought out of one or more court registries and may be different for vehicle actions brought out of different court registries.


(4) Without limiting subsections (1) to (3) or any other enactment and without limiting the right of the corporation or an insurer to use any method it considers appropriate to resolve any dispute, the Lieutenant Governor in Council may make regulations respecting dispute resolution procedures, including, without limitation, arbitration and mediation procedures, that the corporation or an insurer may make available to any person who wishes to use them to resolve disputes in relation to any insurance money claimed or payable under this Act, or any other disputes in relation to the administration of this Act and the regulations.


Application of sections 98 and 100
97   Sections 98 and 100 apply only to causes of action arising out of an accident that occurs after June 17, 1997.


Recovery for loss of income
98   Despite any other enactment or rule of law but subject to this Part, a person who suffers a loss of income as a result of an accident or, if deceased, his or her personal representative, is entitled to recover from designated defendants, as damages for the income loss suffered after the accident and before the first day of trial of any action brought in relation to it, not more than the net income loss that the person suffered in that period as a result of the accident.


Structured judgments
99   (1) The court must order that an award for pecuniary damages in a vehicle action be paid periodically, on the terms the court considers just,


(a) if the award for pecuniary damages is, after section 83 has been applied, at least $100 000 and the court considers it to be in the best interests of the plaintiff, or


(b) if


(i) the plaintiff requests that an amount be included in the award to compensate for income tax payable on income from investment of the award, and


(ii) the court considers that the order, that the award be paid periodically, is not contrary to the best interests of the plaintiff.


(2) Despite subsection (1), the court must not make an order under this section


(a) if one or more of the parties in respect of whom the order would be made satisfies the court that those parties do not have sufficient means to fund the order, or


(b) if the court is satisfied that an order to pay the award periodically would have the effect of preventing the plaintiff or another person from obtaining full recovery for damages arising out of the accident.


(3) If the court does not make an order for periodic payments under this section, it may make an award for damages that includes an amount to offset liability for income tax on income from investment of the award.

 楼主| 发表于 4/19/2019 18:05:40 | 显示全部楼层
Apportionment
100   (1) This section applies in respect of a vehicle action in which the court determines that loss of income has been caused by the fault of 2 or more persons at least one of whom is a designated defendant.


(2) Despite the Negligence Act, if, in a vehicle action, the plaintiff is found to be entitled to recover damages for loss of income suffered after the accident and before the first day of trial of any action brought in relation to it,


(a) all of the defendants whom the court determines were at fault for that loss of income are liable, in accordance with the Negligence Act, to the plaintiff for the net income loss that the plaintiff suffered in that period as a result of the accident, and


(b) the court must determine the degree to which defendants who are not designated defendants were at fault for that loss of income, and those defendants


(i) are liable, in accordance with the Negligence Act, for that portion of the difference between


(A) the net income loss that the plaintiff suffered in that period as a result of the accident, and


(B) the gross income that the plaintiff would have earned in that period had the accident not occurred


that is proportionate to the degree to which those defendants are determined to be at fault for the loss of income, and


(ii) are not entitled to seek contribution or indemnification from designated defendants respecting that liability or any payment made in relation to it.

 楼主| 发表于 4/19/2019 18:22:02 | 显示全部楼层
Part 7 — Minor Injuries


Definitions and interpretation
101   (1) In this Part:


"accident" means an accident occurring in British Columbia that is caused by a vehicle or the use or operation of a vehicle as a result of which a person suffers bodily injury;


"claimant" means a person who claims damages for non-pecuniary loss for a bodily injury resulting from an accident;


"diagnostic and treatment protocol" “诊断和治疗方案”means a protocol prescribed for the purposes of examining, assessing, diagnosing and treating a minor injury;


"minor injury" means a physical or mental injury, whether or not chronic, that


(a) subject to subsection (2), does not result in a serious impairment or a permanent serious disfigurement of the claimant, and


(b) is one of the following:


(i) an abrasion, a contusion, a laceration, a sprain or a strain;(磨损,挫伤,裂伤,扭伤或拉伤);


(ii) a pain syndrome;疼痛综合症;


(iii) a psychological or psychiatric condition;心理或精神疾病;
(iv) a prescribed injury or an injury in a prescribed type or class of injury;


"permanent serious disfigurement", in relation to a claimant, means a permanent disfigurement that, having regard to any prescribed criteria, significantly detracts from the claimant's physical appearance;


"serious impairment", in relation to a claimant, means a physical or mental impairment that


(a) is not resolved within 12 months, or another prescribed period, if any, after the date of an accident, and


(b) meets prescribed criteria.


(2) Subject to subsection (3) and the regulations, an injury that, at the time of the accident or when it first manifested, was an injury within the definition of "minor injury" in subsection (1) is deemed to be a minor injury if


(a) the claimant, without reasonable excuse, fails to seek a diagnosis or comply with treatment in accordance with a diagnostic and treatment protocol prescribed for the injury, and


(b) the injury


(i) results in a serious impairment or a permanent serious disfigurement of the claimant, or


(ii) develops into an injury other than an injury within the definition of "minor injury" in subsection (1).


(3) An injury is not deemed, under subsection (2), to be a minor injury if the claimant establishes that either of the circumstances referred to in subsection (2) (b) would have resulted even if the claimant had sought a diagnosis and complied with treatment in accordance with a diagnostic and treatment protocol prescribed for the injury.


(4) For the purposes of this Part, a minor injury includes a symptom or a condition associated with the injury whether or not the symptom or condition resolves within 12 months, or another prescribed period, if any, after the date of an accident.


Application of this Part
102   This Part applies to an accident occurring on or after April 1, 2019.


Limit on non-pecuniary loss for minor injuries
103   (1) Subject to subsection (2), the amount recoverable by a claimant as damages for non-pecuniary loss arising from one or more minor injuries suffered by the claimant in a single accident must be calculated or determined in accordance with the regulations.


(2) The amount recoverable by a claimant under subsection (1) must be reduced in proportion to the claimant's degree of fault, if any, in the accident.


Power to make regulations under this Part
104   (1) Without limiting any power of the Lieutenant Governor in Council to make regulations under any other Part of this Act, the Lieutenant Governor in Council may make regulations under this Part as follows:


(a) respecting the examination and assessment of injuries, the determination of whether an injury is a minor injury and the onus of proof on such a determination;


(b) respecting the examination, assessment, diagnosis and treatment of minor injuries, including, without limitation,


(i) establishing or adopting procedures, guidelines, criteria, requirements or standards to be followed or met, as applicable, by claimants, insurers and prescribed health care practitioners, and


(ii) establishing time limits for the purposes of obtaining an examination, assessment, diagnosis or treatment;


(c) prescribing circumstances in which a prescribed diagnostic and treatment protocol applies and providing when a protocol no longer applies;


(d) governing the roles, in relation to a protocol, of claimants, insurers and prescribed health care practitioners and imposing limits on those roles;


(e) respecting treatment plans for a minor injury and respecting the number and type of treatments for a minor injury, including, without limitation, prescribing different numbers or types of treatments for different circumstances;


(f) respecting referrals, including referrals to a person in a prescribed class of persons, for the purposes of obtaining an opinion about


(i) the examination, assessment or diagnosis of an injury,


(ii) the treatment plan for a minor injury, or


(iii) the condition of a claimant;


(g) for the purposes of paragraph (f),


(i) prescribing a class of persons,


(ii) requiring the establishment of a register of persons in the class,


(iii) prescribing requirements and qualifications for persons in the class,


(iv) requiring treatment plans from persons in the class, and


(v) requiring reports from persons in the class and establishing the form of, and information to be included in, those reports;


(h) respecting procedures and conditions for the making of claims to, and the refusal and payment of claims by, an insurer, including, without limitation, establishing circumstances in which claims are deemed to have been approved;


(i) establishing forms for claims and treatment plans or authorizing the corporation to establish forms for claims and treatment plans;


(j) prescribing injuries or types or classes of injuries for the purposes of the definition of "minor injury" in section 101 (1);


(k) respecting criteria for the purposes of the definition of "permanent serious disfigurement" in section 101 (1);


(l) respecting criteria and prescribing a period for the purposes of the definition of "serious impairment" in section 101 (1);


(m) respecting circumstances in which an injury or an injury in a prescribed class of injuries, or a claimant or a claimant in a prescribed class of claimants, will be exempt from the application of section 101 (2);


(n) for the purposes of section 103 (1), respecting damages for non-pecuniary loss for a minor injury, including, without limitation, establishing


(i) an amount of damages or a limit on damages for a minor injury arising from an accident in which a claimant suffers


(A) a minor injury and an injury that is not minor, or


(B) only a minor injury, and


(ii) rates, formulas, rules or principles, including using a consumer price index published by Statistics Canada under the Statistics Act (Canada), for calculating or determining an amount of damages or a limit on damages.


(2) A regulation under subsection (1) (b) (i) may adopt by reference, in whole or in part and with any change the Lieutenant Governor in Council considers necessary, any procedures, guidelines, criteria, requirements or standards published by a body, or person with a professional designation, approved by the Lieutenant Governor in Council for the purposes of this section.


(3) Procedures, guidelines, criteria, requirements or standards adopted under subsection (2) may be adopted as they stand at the time of adoption or as amended from time to time.


(4) A regulation under subsection (1) (n) may be different in respect of accidents occurring on or after different dates or in different periods.

 楼主| 发表于 4/19/2019 18:36:43 | 显示全部楼层
Part 8 — General


Power to make regulations under the Act
105          (1) Without limiting any power of the Lieutenant Governor in Council to make regulations under any other Part of this Act, 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) exempting a person or class of persons from a provision of this Act or the regulations under this Act;


(b) defining, for the purposes of this Act or the regulations under this Act, words or expressions used but not defined in this Act;


(c) providing that a contravention of a regulation under this Act is an offence;


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


(3) In making a regulation under this Act, the Lieutenant Governor in Council may, in addition to any other variation authority that is specifically provided,


(a) make different regulations for different persons, places, things, circumstances or transactions, or different classes of persons, places, things, circumstances or transactions, and


(b) establish different classes of persons, places, things, circumstances or transactions.


(4) In making a regulation under this Act, the Lieutenant Governor in Council may delegate a matter to or confer a discretion on the corporation.


Transitional regulations
106          (1) Despite this or any other Act, the Lieutenant Governor in Council may make regulations as follows:


(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in this Act;


(b) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of more effectively bringing this Act into operation;


(c) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in bringing this Act into effect, including, without limitation, provisions making an exception to or a modification of a provision in an enactment or providing for the application or continued application of a previous enactment;


(d) resolving any errors, inconsistencies or ambiguities arising in this Act.


(2) A regulation under subsection (1) may be made retroactive to the date this section comes into force or a later date and, if made retroactive, is deemed to have come into force on the specified date.


(3) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.


(4) This section and any regulations made under this section are repealed on April 1, 2021 or on an earlier date prescribed by the Lieutenant Governor in Council.

 楼主| 发表于 4/19/2019 21:14:12 | 显示全部楼层
CIVIL RESOLUTION TRIBUNAL ACT
[SBC 2012] CHAPTER 25
Assented to May 31, 2012
Contents
Part 1 — Definitions and Tribunal Mandate

        Division 1 — Definitions and Interpretation

        1
Definitions and interpretation

        Division 2 — Tribunal Mandate

        2
Civil Resolution Tribunal mandate and role

        2.1
General authority of tribunal — claim categories

        3
Repealed

Part 1.1

        Division 1

        3.1
Repealed

        3.2-3.4
Not in force

        Division 2-4

        3.5-3.8
Repealed

Part 2 — How to Bring a Matter to the Tribunal

        Division 1 — Initiating a Claim

        4
Asking the tribunal to resolve a claim

        5
Use of online dispute resolution services may be required before request accepted

        6
Initiating notice

        7
Giving and responding to initiating notice

        8
Repealed

        9
Government as party

        10
Claims to be resolved must be within tribunal authority

        11
General authority for tribunal to refuse to resolve claim or dispute

        12
Repealed

        12.1
Repealed

        12.2
Not in force

        12.3
Repealed

        Division 2 — Limitation Period

        13
Limitation period

        13.1
Limitation period does not run after request for tribunal resolution

        13.2
Time limit — certain claims brought or continued in court

        13.3
Time limit — court determination about matters within jurisdiction of tribunal

        13.4
Time limit — suspension during certain court processes

        14
Repealed

        Division 3 — Relationship with Other Proceedings

        14.1
Not in force

        15
Restrictions in relation to court and other proceedings — when tribunal proceeding starts

        16
Repealed

        16.1
Court must stay or dismiss certain proceedings

        16.2
Court may order that tribunal not adjudicate claim

        16.3
Considerations in the interest of justice and fairness

        16.4
Bringing or continuing claim in court

Part 3 — Tribunal Proceedings Generally

        17
Tribunal proceeding processes

        18
Nature of tribunal proceeding

        19
Use of electronic communication tools

        20
General rule that parties to represent themselves

        20.1
Lawyer representation in respect of accident claims

        21
Repealed

        22
Parties may request consent dismissal order

Part 4 — Case Management Phase

        Division 1 — Case Manager Responsibilities

        23
Case manager role

        24
Case managers assigned to dispute

        Division 2 — Facilitated Settlement

        25
Dispute resolution services that may be used

        26
Consent resolution orders if parties resolve issues or claims by agreement

        27
Case manager may provide neutral evaluation of dispute

        28
Case manager may make recommendation for resolution if parties consent

        29
Case manager may act as tribunal in providing direct resolution if parties agree

        30
Unresolved claims in dispute proceed to tribunal hearing

        Division 3 — Preparation for Tribunal Hearing

        31
Addition of appropriate parties

        32
Preparation of case and evidence

        33
Party may prepare summons to require other persons to provide evidence

        34
Tribunal may require persons to provide evidence

        Division 4 — Referral of Matters to Tribunal

        35
Referral to tribunal if claim has no reasonable likelihood of success

        36
Referral to tribunal for non-compliance

        37
Cancellation of final decision or dismissal order under section 36

Part 5 — Tribunal Resolution

        Division 1 — Tribunal Hearings

        38
General tribunal authority in conducting hearings

        39
How tribunal hearings are conducted

        40
Notice of hearing

        41
Consent resolution orders if parties resolve issues or claims by agreement

        42
Evidence in tribunal hearing

        43
Repealed

        44
Recording tribunal proceedings

        45
Referral back to case management phase

        Division 2 — Final Decision Resolving Dispute

        46
Tribunal must give final decision following hearing

        47
Notice of final decision

        48
Order giving effect to final decision

        48.1
Repealed

        49
Order for payment of expenses

        50
When final decision is effective

        51
Amendment of final decision or order to clarify

        Division 3 — Tribunal Authority If Party Does Not Participate

        52
Tribunal may hear or dismiss claims or dispute if party does not participate

        53
Cancellation of final decision or dismissal order made in absence of party

        Division 4

        54-56
Repealed

        Division 5 — Objection to Tribunal Small Claim Decision

        56.1
Notice of objection renders decision non-binding

        56.2
Tribunal must certify parties have completed tribunal process

        56.3
Deposit for claims previously adjudicated by civil resolution tribunal

        56.4
Disclosing the final decision of the tribunal

        Division 6

        56.5
Repealed

Part 5.1 — Judicial Review of Tribunal Decisions

        56.6
Time limit for application for judicial review of tribunal decisions

        56.7
Standard of review

Part 6 — Enforcement of Tribunal Orders

        57
Enforcement by filing in Supreme Court

        58
Enforcement by filing in Provincial Court

        58.1
Enforcement of small claims decisions

        58.2
Enforcement of tribunal decision by other person

        59
Cancellation of tribunal order

        60
Enforcement of tribunal orders by proceeding for contempt

Part 7 — Tribunal Powers and Procedures

        61
General tribunal authority in relation to tribunal proceeding

        62
Rules of practice and procedure for tribunal proceedings

        63
Practice directives

        64
Authority to correct decisions and orders

        65
Authority of tribunal members and panels

        66
Authority to administer oaths

Part 8 — Tribunal Membership and Administration

        Division 1 — Appointment of Tribunal Members and Other Staff

        67
Tribunal chair

        68
Vice chairs and other members of the tribunal

        69
Temporary tribunal members

        70
Acting chair if chair absent or incapacitated

        71
Acting chair if no chair appointed

        72
Member's absence or incapacitation

        73
Powers after resignation or expiry of term

        73.1
Validity of tribunal acts

        74
Termination for cause

        75
Remuneration and benefits for members

        76
Other tribunal officers

        77
Other persons engaged or retained by tribunal

        Division 2 — Tribunal Organization and Operations

        78
Authority of chair

        79
Chair may establish panels

        80
Assignment of case managers and tribunal panels

        81
Service improvement surveys

        82
Annual report by chair

        Division 3 — Tribunal Duties and Protection

        83
Tribunal member duties

        84
Immunity protection

Part 9 — General

        Division 1 — Information and Confidentiality

        85
Publication of tribunal orders and other information

        86
Protection of personal information

        87
Tribunal members and staff obligation of confidentiality

        88
General rule: tribunal may not be required to testify or produce evidence

        89
Confidentiality of online and facilitated settlement information

        90
Application of Freedom of Information and Protection of Privacy Act

        Division 1.1 — Clustering

        90.1
Tribunal may be clustered with other tribunals

        Division 2 — Offences

        91
General offence provision of Offence Act does not apply

        92
Offence for providing false or misleading information

        Division 3 — Regulations

        93
Power to make regulations

        94-110
Consequential Amendments

        111
Amendments to this Act

        112
Repealed

Part 10 — Tribunal Jurisdiction

        Division 1 — General

        113
Restricted authority of tribunal

        114
Limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code

        115
Exclusive jurisdiction of tribunal — privative clause

        116
Specialized expertise of tribunal

        Division 2 — Referenced Claims

        117
Jurisdiction provided for in another enactment

        Division 3 — Tribunal Small Claims

        118
Claims within jurisdiction of tribunal for tribunal small claims

        119
Claims beyond jurisdiction of tribunal for tribunal small claims

        Division 4 — Strata Property Claims

        120
Meaning of words and expressions in Division — strata property claims

        121
Claims within jurisdiction of tribunal for strata property claims

        122
Claims beyond jurisdiction of tribunal for strata property claims

        123
Orders available in strata property claims

        123.1
Transition — appeal of certain strata property claims

        Division 5-6

        124-131
Not in force

        Division 7 — Accident Claims

        132
Definitions for Division — accident claims

        133
Claims within jurisdiction of tribunal for accident claims

        134
Claims beyond jurisdiction of tribunal for accident claims

        135
Matters relating to tribunal limit amount

        136
Transition — claims in relation to accidents

        137
Commencement

Schedule

Part 1 — Definitions and Tribunal Mandate
Division 1 — Definitions and Interpretation
Definitions and interpretation
1   (1)In this Act:
"accident claim" means a claim over which the tribunal has jurisdiction under Division 7 [Accident Claims] of Part 10 [Tribunal Jurisdiction];
"applicable Act" means the enactment referred to in section 2.1 in relation to a claim category;
"case management" means the part of a tribunal proceeding for a dispute that is conducted under Part 4 [Case Management Phase];
"case manager" means a tribunal member or other tribunal officer assigned responsibility in relation to Part 4 [Case Management Phase];
"chair" means the chair of the tribunal appointed under section 67 [tribunal chair];
"child" means a person who is under 19 years of age;
"claim" includes any matter that may be resolved by the tribunal;
"claim category" means a category of claims referred to in section 2.1;
"consent resolution order" means an order of the tribunal under
(a)section 26 [consent resolution orders if parties resolve issues or claims by agreement — case management phase], or
(b)section 41 [consent resolution orders if parties resolve issues or claims by agreement — tribunal hearing phase];
"constitutional question" means any question that requires notice to be given under section 8 [Attorney General to be given notice of certain constitutional questions] of the Constitutional Question Act;
"continue" includes the continuation or the transfer, as the case may be, of a claim in a court;
"court" means the Supreme Court or Provincial Court having jurisdiction;
"default" includes the following circumstances:
(a)if a party fails to comply with section 7 [giving and responding to initiating notice];
(b)if section 36 [referral to tribunal for non-compliance] or section 52 [tribunal may hear or dismiss claims or dispute if party does not participate] applies;
"dismissal order" means an order of the tribunal under
(a)section 22 [parties may request consent dismissal order],
(b)section 35 (2) (a) [order dismissing claim that is an abuse of process],
(c)section 36 (3) (b) [order dismissing claim of non-compliant party in case management phase], or
(d)section 52 (1) (b) [order dismissing claim if party does not participate in tribunal hearing];
"dispute" means the claims that are to be resolved in a single tribunal proceeding;
"electronic" means created, recorded, transmitted or stored in digital or other intangible form by electronic, magnetic or optical means or by any other similar means;
"electronic communication tools" includes a computer program, or other electronic means, used by way of the internet or otherwise, to initiate an activity or to respond to electronic information, records or activities in whole or in part without review by an individual at the time of the activity or response;
"exclusive jurisdiction" means the jurisdiction of the tribunal in respect of certain claims, under section 115 [exclusive jurisdiction of tribunal — privative clause];
"facilitated settlement" means dispute resolution services provided under Division 2 [Facilitated Settlement] of Part 4 [Case Management Phase];
"final decision" means
(a)a decision of the tribunal under section 46 (1) (a) [final decision following tribunal hearing] resolving the claims in a dispute,
(b)a decision of the tribunal by way of a consent resolution order, or
(c)a decision of the tribunal by way of a dismissal order;
"formal written reasons", in relation to a final decision of the tribunal, means written reasons that are identified in the reasons as being formal written reasons of the tribunal;
"initiating notice" means the notice given under section 6 (1) [initiating notice] by the tribunal to the initiating party;
"initiating party" means the person who made the initial request for tribunal resolution under section 4 [asking the tribunal to resolve a claim] with respect to a dispute;
"legally binding process" means a court proceeding or other process for seeking a remedy that provides a legally binding decision respecting a claim;
"online dispute resolution services" means dispute resolution services that are provided by way of electronic communication tools and are intended to assist parties in resolving a dispute by agreement without direct assistance from a tribunal officer or person engaged or retained by the tribunal to provide facilitated settlement;
"order giving effect to a final decision" means a tribunal order under section 46 (1) (c) [order giving effect to final decision following hearing];
"participate", in relation to a tribunal hearing, includes participation in the hearing through the means referred to in section 39 [how tribunal hearings are conducted]that apply to the hearing;
"party" means an initiating party or a responding party;
"personal information" has the same meaning as in the Freedom of Information and Protection of Privacy Act;
"practice directive" means a practice directive under section 63 [practice directives];
"referenced claim" means a claim over which the tribunal has jurisdiction under Division 2 [Referenced Claims] of Part 10;
"refusal", in relation to a claim or dispute, means a refusal by the tribunal under
(a)section 11 [general authority for tribunal to refuse to resolve claim or dispute], or
(b)section 36 (3) (c) [tribunal may refuse to resolve claim if party does not comply];
"request for tribunal resolution" means a request under section 4 [asking the tribunal to resolve a claim];
"responding party" means a person who makes a response under section 7 [response];
"rules" means the rules of practice and procedure established under this Act for the tribunal;
"specialized expertise" means the expertise that the tribunal is to be considered to have in respect of certain claims, under section 116 [specialized expertise of tribunal];
"strata property claim" means a claim over which the tribunal has jurisdiction under Division 4 [Strata Property Claims] of Part 10;
"tribunal" means the Civil Resolution Tribunal referred to in section 2 [Civil Resolution Tribunal mandate and role];
"tribunal member" means
(a)the chair,
(b)a vice chair or other tribunal member appointed under section 68 [vice chairs and other members], or
(c)a temporary tribunal member appointed under section 69 [temporary tribunal members];
"tribunal officer" means a tribunal member or a person appointed under section 76 [other tribunal officers];
"tribunal small claim" means a claim over which the tribunal has jurisdiction under Division 3 [Tribunal Small Claims] of Part 10, but does not include any other claim category;
"validated", in relation to orders and final decisions of the tribunal, means validated in accordance with the rules;
"vice chair" means a person appointed as a vice chair of the tribunal under section 68 (1) [vice chairs].
(2)A claim that may be either a tribunal small claim or a claim in another claim category within the jurisdiction of the tribunal is to be adjudicated as the claim category that is not a tribunal small claim.
(3)For the purposes of this Act, the tribunal has exclusive jurisdiction in respect of a claim if the claim is in a claim category in respect of which the applicable Division of Part 10 provides that the tribunal has exclusive jurisdiction.
(4)For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of a claim if the claim is in a claim category in respect of which the applicable Division of Part 10 provides that the tribunal is to be considered to have specialized expertise.
Division 2 — Tribunal Mandate
Civil Resolution Tribunal mandate and role
2   (1)The Civil Resolution Tribunal is established, consisting of the chair and other tribunal members appointed in accordance with this Act.
(2)The mandate of the tribunal is to provide dispute resolution services in relation to matters that are within its authority, in a manner that
(a)is accessible, speedy, economical, informal and flexible,
(b)applies principles of law and fairness, and recognizes any relationships between parties to a dispute that will likely continue after the tribunal proceeding is concluded,
(c)uses electronic communication tools to facilitate resolution of disputes brought to the tribunal, and
(d)accommodates, so far as the tribunal considers reasonably practicable, the diversity of circumstances of the persons using the services of the tribunal.
(3)In fulfilling its mandate, the role of the tribunal is
(a)to encourage the resolution of disputes by agreement between the parties, and
(b)if resolution by agreement is not reached, to resolve the dispute by deciding the claims brought to the tribunal by the parties.
(4)In addition to its responsibilities in relation to disputes brought to the tribunal for resolution, the tribunal may
(a)provide the public with information on dispute resolution processes generally, and
(b)make its online dispute resolution services available to the public generally.
General authority of tribunal — claim categories
2.1  The tribunal may, in accordance with this Act, adjudicate the following claim categories:
(a)claims in relation to a relevant enactment, under Division 2 [Referenced Claims] of Part 10 [Tribunal Jurisdiction];
(b)claims in relation to the Small Claims Act, under Division 3 [Tribunal Small Claims] of Part 10;
(c)claims in relation to the Strata Property Act, under Division 4 [Strata Property Claims] of Part 10;
(d) and (e)[Not in force.]
(f)claims in respect of accidents, as defined in section 132 [definitions for Division — accident claims], under Division 7 [Accident Claims] of Part 10.
Repealed
3  [Repealed 2015-16-2.]
Part 1.1
Division 1
Repealed
3.1  [Repealed 2018-17-5.]
Not in force
3.2-3.4  [Not in force.]
Division 2-4
Repealed
3.5-3.8  [Repealed 2018-17-5.]
Part 2 — How to Bring a Matter to the Tribunal
Division 1 — Initiating a Claim
Asking the tribunal to resolve a claim
4   (1)A person who has a claim that is within the jurisdiction of the tribunal may, in accordance with this Part, make a request to the tribunal asking the tribunal to resolve the claim.
(1.1)A person may not make a request for tribunal resolution if
(a)the applicable Act in respect of the claim describes a class of persons who may make a request for tribunal resolution, and
(b)the person is not in the described class of persons.
(2)A request for tribunal resolution must be made
(a)in a manner required or authorized under the rules, and
(b)with payment of any applicable fees for the case management phase and the tribunal hearing phase.
(3)[Repealed 2018-17-6.]
Use of online dispute resolution services may be required before request accepted
5  If required under the rules, before a person makes a request for tribunal resolution, the person must attempt to resolve the dispute using online dispute resolution services provided by the tribunal.
Initiating notice
6   (1)On receiving a request for resolution, the tribunal must give the initiating party an initiating notice if, on initial review,
(a)the claim appears to be within the jurisdiction of the tribunal,
(b)the request for resolution appears, on its face, to disclose a reasonable claim, and
(c)the claim meets all of the other requirements under this Act.
(1.1)The tribunal may give an amended initiating notice.
(2)If the tribunal decides to give an initiating notice under subsection (1), this decision has no binding effect and, for certainty, does not preclude a subsequent decision by the tribunal not to resolve the claim under section 11 [general authority for tribunal to refuse to resolve claim or dispute].
(3)If the tribunal decides not to give an initiating notice under subsection (1), the tribunal must notify the initiating party and, on request, give reasons.
Giving and responding to initiating notice
7   (1)The tribunal may resolve a claim only if the initiating party serves, or is deemed to have served, in accordance with the rules, a copy of the initiating notice to all persons against whom the claim is made.
(2)On being served, or being deemed to have been served, with an initiating notice, a person must make a response in accordance with the rules.
(3)If none of the persons served, or deemed to have been served, with an initiating notice make a response within the time required by the rules, the tribunal
(a)must give the initiating party notice that none of the persons served, or deemed to have been served, made a response, and
(b)may, subject to sections 10 [claims to be resolved must be within tribunal authority], 11 (1) [general authority for tribunal to refuse to resolve claim or dispute] and 37 [cancellation of final decision or dismissal order under section 36], proceed to adjudicate the dispute in accordance with any applicable rules.
(4)If one or more of the persons served, or deemed to have been served, with an initiating notice make a response within the time required by the rules, the tribunal may do one of the following:
(a)determine under section 10 (1) that the tribunal does not have jurisdiction over the claim;
(b)refuse to resolve the claim under section 11 (1);
(c)proceed to the case management phase.
Repealed
8  [Repealed 2015-16-5.]
Government as party
9   (1)The government may not be a party to a tribunal proceeding unless the tribunal proceeding is in relation to
(a)a claim over which the tribunal has exclusive jurisdiction,
(b)an accident claim, or
(c)a claim in a class of claims that is prescribed by regulation.
(2)If the government is a responding party to a tribunal proceeding referred to in subsection (1), the Crown Proceeding Act applies.
Claims to be resolved must be within tribunal authority
10   (1)The tribunal must refuse to resolve a claim that it considers is not within the jurisdiction of the tribunal.
(2)A claim that involves
(a)one or more issues that are within the tribunal's jurisdiction, and
(b)one or more issues that are not within the tribunal's jurisdiction
may be amended to remove the issues that are not within the tribunal's jurisdiction.
General authority for tribunal to refuse to resolve claim or dispute
11   (1)The tribunal may refuse to resolve a claim or a dispute within its jurisdiction if it considers that any of the following apply:
(a)the claim or the dispute
(i)would be more appropriate for another legally binding process or dispute resolution process, or
(ii)has been resolved through a legally binding process or other dispute resolution process;
(b)the request for resolution does not disclose a reasonable claim or is an abuse of process;
(c)issues in the claim or the dispute are too complex for the dispute resolution process of the tribunal or otherwise impractical for the tribunal to case manage or resolve;
(d)resolving the claim or the dispute may involve a constitutional question or the application of the Human Rights Code;
(e)the tribunal is satisfied that it has been established, on the basis of satisfactory evidence, that the claim or the dispute is beyond the jurisdiction of the tribunal.
(2)The tribunal may exercise authority under this section
(a)at the time of considering a request for tribunal resolution, or
(b)in the case of a request that has been accepted, at any time before the tribunal makes the final decision resolving the dispute.
(3)If the tribunal refuses to resolve a dispute under this section, it must notify the person making the request or the parties, as applicable, of the refusal and the reason for the refusal.
(4)If the tribunal refuses to resolve a dispute under this section after the tribunal proceeding respecting the dispute has started, section 15 [restrictions in relation to court and other proceedings — when tribunal proceeding starts] no longer applies in relation to the claims that were to be resolved by the tribunal proceeding.
Repealed
12  [Repealed 2015-16-8.]
Repealed
12.1  [Repealed 2018-17-11.]
Not in force
12.2  [Not in force.]
Repealed
12.3  [Repealed 2018-17-11.]
Division 2 — Limitation Period
Limitation period
13  The Limitation Act applies to a claim, and, for that purpose,
(a)a reference to a claim in that Act is deemed to include a claim under this Act, and
(b)a reference to a court proceeding in that Act is deemed to include a tribunal proceeding.
Limitation period does not run after request for tribunal resolution
13.1  The basic limitation period and the ultimate limitation period under the Limitation Act that are applicable to a claim do not run after a request is made under section 4 [asking the tribunal to resolve a claim] of this Act for the tribunal to resolve the claim.
Time limit — certain claims brought or continued in court
13.2  Unless the court orders otherwise, a party may not bring or continue a claim in a court, which claim may be brought or continued under section 16.4 (1) [bringing or continuing claim in court], more than 28 days after whichever of the following dates is applicable:
(a)the date on which the party receives notice of the tribunal's decision
(i)not to give an initiating notice under section 6 [initiating notice],
(ii)refusing to resolve the claim under
(A)section 10 [claims to be resolved must be within tribunal authority], or
(B)section 11 [general authority for tribunal to refuse to resolve claim or dispute], or
(iii)declining jurisdiction in respect of the claim under section 114 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code];
(b)the date of a court order under section 16.2 [court may order that tribunal not adjudicate claim] that the tribunal not adjudicate the claim;
(c)the date on which the tribunal certifies, under section 56.2 (1) [tribunal must certify parties have completed tribunal process], that the parties have completed the tribunal's process in respect of a tribunal small claim, if a party has made a notice of objection under section 56.1 (1) [notice of objection renders decision non-binding].
Time limit — court determination about matters within jurisdiction of tribunal
13.3  Unless the tribunal or the court orders otherwise, a party may not make a request under section 4 [asking the tribunal to resolve a claim] asking the tribunal to resolve a claim more than 28 days after the date of a court order under section 16.1 [court must stay or dismiss certain proceedings] staying or dismissing, as applicable, a court proceeding under that section.
Time limit — suspension during certain court processes
13.4  A time limit of 28 days established under section 13.2 or 13.3 does not run during the following periods:
(a)from the date a party requests judicial review of a decision of the tribunal until the date of the decision by the court;
(b)from the date a party files a notice of appeal of a court order that relates to the claim until the date of the decision by the court.
Repealed
14  [Repealed 2018-17-13.]
Division 3 — Relationship with Other Proceedings
Not in force
14.1   (1)[Repealed 2018-17-13.]
(2)[Not in force.]
Restrictions in relation to court and other proceedings — when tribunal proceeding starts
15   (1)Subject to this Division, once a tribunal proceeding is started,
(a)a party to the tribunal proceeding may not commence, against another party to the tribunal proceeding, a court proceeding or other legally binding process in relation to an issue or claim that is to be resolved in the tribunal proceeding, and
(b)if a party has already commenced a process referred to in paragraph (a) against another party to the tribunal proceeding, the parties must adjourn or suspend the process while the tribunal proceeding is continuing.
(2)For certainty, except as otherwise provided in this Division, nothing in this section operates to prevent a person from commencing or continuing a legally binding process in respect of a claim until a tribunal proceeding respecting the claim is started.
Repealed
16  [Repealed 2015-16-13.]
Court must stay or dismiss certain proceedings
16.1   (1)Subject to subsection (2) and section 16.4 (1) and (2) [bringing or continuing claim in court], if, in a court proceeding, the court determines that all matters are within the jurisdiction of the tribunal, the court must,
(a)in the case of a claim within the exclusive jurisdiction of the tribunal, dismiss the proceeding,
(b)in the case of a claim in respect of which the tribunal is to be considered to have specialized expertise, dismiss the proceeding unless it is not in the interests of justice and fairness for the tribunal to adjudicate the claim, or
(c)in any other case, stay or dismiss the proceeding, as the court considers appropriate, unless it is not in the interests of justice and fairness for the tribunal to adjudicate the claim.
(2)Subject to section 16.4 (1) and (2), if, in a court proceeding, a party alleges that a matter in a proceeding before the court relates to a minor injury within the jurisdiction of the tribunal under section 133 (1) (b) or (c) [claims within jurisdiction of tribunal for accident claims], the court must stay the proceeding until the tribunal determines, as applicable,
(a)in the case of an accident claim under section 133 (1) (b), whether an injury is a minor injury, and
(b)in the case of an accident claim under section 133 (1) (c), unless it is not in the interests of justice and fairness for the tribunal to make the determination, whether a party has established that there is a substantial likelihood that damages will exceed the tribunal limit amount.
(3)For the purposes of subsection (2), "minor injury" and "tribunal limit amount" have the same meaning as in section 132 [definitions for Division — accident claims].
Court may order that tribunal not adjudicate claim
16.2   (1)Subject to subsection (2), the court may order that the tribunal not adjudicate a claim that is or purports to be in one of the claim categories if
(a)the tribunal does not have jurisdiction to adjudicate the claim, or
(b)it is not in the interests of justice and fairness for the tribunal to adjudicate the claim.
(2)Subsection (1) (b) does not apply if the tribunal has exclusive jurisdiction in respect of the claim.
Considerations in the interest of justice and fairness
16.3   (1)For the purposes of sections 16.1 (1) and 16.2 (1), when deciding whether it is in the interests of justice and fairness for the tribunal to adjudicate a claim, the court may consider the following:
(a)whether an issue raised by the claim or dispute is of such importance that the claim or dispute would benefit from being adjudicated by that court to establish a precedent;
(b)whether an issue raised by the claim or dispute relates to a constitutional question or the Human Rights Code;
(c)whether an issue raised by the claim or dispute is sufficiently complex to benefit from being adjudicated by that court;
(d)whether all of the parties to the claim or dispute agree that the claim or dispute should not be adjudicated by the tribunal;
(e)whether the claim or dispute should be heard together with a claim or dispute currently before that court;
(f)whether the use of electronic communication tools in the adjudication process of the tribunal would be unfair to a party in a way that cannot be accommodated by the tribunal.
(2)For the purposes of section 16.1 (2), when deciding whether it is in the interests of justice and fairness for the tribunal to make the determination referred to in that subsection, the court may consider the principle of proportionality.
Bringing or continuing claim in court
16.4   (1)Subject to this section and Division 5 [Objection to Tribunal Small Claim Decision] of Part 5 [Tribunal Resolution], a person may not bring or continue, as the case may be, a claim that is within the jurisdiction of the tribunal as a claim in a court unless one or more of the following apply:
(a)the tribunal decides not to give an initiating notice under section 6 [initiating notice];
(b)the tribunal refuses to resolve the claim under
(i)section 10 [claims to be resolved must be within tribunal authority], or
(ii)section 11 [general authority for tribunal to refuse to resolve claim or dispute];
(c)the court orders under section 16.2 that the tribunal not adjudicate the claim;
(c.1)the tribunal has made a final decision in relation to a tribunal small claim and a party has made a notice of objection under section 56.1 (1) [notice of objection renders decision non-binding];
(d)the tribunal declines jurisdiction in respect of the claim under section 114 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code];
(e)the claim is a counterclaim to a notice of claim or a notice of civil claim, as applicable, filed in the court;
(f)the person is in a class of persons prescribed by regulation.
(2)A person may bring or continue, as the case may be, the following claims as an action in the Supreme Court, even if none of the circumstances referred to in subsection (1) (a) to (f) have occurred:
(a)a tribunal small claim;
(b)an accident claim described in section 133 (1) (c) [claims within jurisdiction of tribunal for accident claims], if all parties consent.
(3)If, in respect of a claim that is otherwise within the jurisdiction of the tribunal, the tribunal
(a)decides not to give an initiating notice solely for the reason that the requirement in section 6 (1) (b) has not been met, or
(b)refuses to resolve the claim solely for the reason described in section 11 (1) (b),
a party must seek judicial review of the decision before the party may file notice of the same claim in court.
Part 3 — Tribunal Proceedings Generally
Tribunal proceeding processes
17   (1)A tribunal proceeding has two phases,
(a)the case management phase, and
(b)the tribunal hearing phase.
(2)In the case management phase, resolution by agreement between the parties is facilitated and preparations are made for the tribunal hearing should one be required.
(3)In the tribunal hearing phase, the dispute is heard and the tribunal gives a final decision to resolve the dispute if it is not resolved in the case management phase.
Nature of tribunal proceeding
18  A tribunal proceeding is to be conducted with as little formality and technicality and with as much speed as permitted by the requirements of this Act, the rules and a proper consideration of the issues in the dispute.
Use of electronic communication tools
19  The tribunal may use electronic communication tools in conducting all or part of a tribunal proceeding, and may require or authorize parties or other persons to use electronic communication tools provided by the tribunal in relation to tribunal proceedings or other dispute resolution services provided by the tribunal.
General rule that parties to represent themselves
20   (1)Unless otherwise provided under this Act, the parties are to represent themselves in a tribunal proceeding.
(2)A party may be represented by a lawyer or another individual with authority to bind the party in relation to the dispute if
(a)the party is a child or a person with impaired capacity,
(b)the rules permit the party to be represented, or
(c)the tribunal, in the interests of justice and fairness, permits the party to be represented.
(3)Without limiting the authority of the tribunal under subsection (2) (c), the tribunal may consider the following as circumstances supporting giving the permission:
(a)another party is represented in the proceeding;
(b)the other parties have agreed to the representation.
(4)A person representing a party in a tribunal proceeding must be a lawyer unless
(a)the rules otherwise permit, or
(b)the tribunal is satisfied that the person being proposed to represent the party is an appropriate person to do this.
(5)In the case of a party that is a corporation, partnership or other form of organization or office with capacity to be a party to a court proceeding, the person acting for the party in the tribunal proceeding must be
(a)a director, officer or partner of the party,
(b)an individual permitted under the rules, or
(c)an individual permitted by the tribunal.
Lawyer representation in respect of accident claims
20.1  Without limiting section 20, a party may, as of right, be represented by a lawyer in a tribunal proceeding in respect of an accident claim.
Repealed
21  [Repealed 2015-16-13.]
Parties may request consent dismissal order
22   (1)On request of all parties to a dispute, made
(a)at any time during the case management phase, or
(b)at any time during the tribunal hearing phase before the tribunal gives its final decision in the dispute,
the tribunal may make an order dismissing some or all claims in the dispute.
(2)A dismissal order under subsection (1) is a final decision of the tribunal resolving the specified claims.
Part 4 — Case Management Phase
Division 1 — Case Manager Responsibilities
Case manager role
23   (1)The role of a case manager is to assist in the resolution of disputes, including by
(a)assisting the parties in reaching resolution by agreement through facilitated settlement as provided in the rules,
(b)reviewing the claims in a dispute and assisting the parties in identifying the facts relevant to resolving the dispute and the issues to be decided,
(c)so far as is practicable, determining the evidence or other information that will assist in resolving a dispute, and
(d)making a recommendation to the tribunal as to the process to be used in hearing the dispute, if the tribunal has jurisdiction to do so.
(2)In the case management phase, facilitated settlement and preparations for a tribunal hearing may be conducted at the same time.
Case managers assigned to dispute
24   (1)The case manager for a dispute may be a tribunal member or other tribunal officer as assigned in accordance with section 80 [assignment of case managers and tribunal panels].
(2)For certainty, more than one tribunal officer may act as case manager in relation to the same dispute.
Division 2 — Facilitated Settlement
Dispute resolution services that may be used
25   (1)A case manager has authority
(a)to determine, in accordance with the rules, which facilitated settlement service is to be used in the case management phase for a particular dispute, and
(b)to require the parties to participate in facilitated settlement services.
(2)Facilitated settlement may be conducted in person, in writing, by telephone, videoconferencing or email, or through use of other electronic communication tools, or by any combination of those means.
Consent resolution orders if parties resolve issues or claims by agreement
26   (1)If, in the case management phase, the parties to a dispute reach a resolution by agreement on any or all of the issues or claims in the dispute, they may ask the case manager to prepare a draft consent resolution order respecting the issues or claims.
(2)If the case manager prepares a draft consent resolution order and the parties agree to the draft order, the order is to be presented to the tribunal for approval as an order of the tribunal.
(3)If the tribunal declines to approve a draft consent resolution order, it must provide the parties with reasons for doing this.
(4)If the tribunal approves the draft consent resolution order, that order becomes a final decision of the tribunal resolving the specified issues or claims.
Case manager may provide neutral evaluation of dispute
27   (1)Subject to the rules, the case manager may provide to the parties either or both of
(a)a non-binding neutral evaluation of the claims in the dispute, and
(b)the case manager's views on how the court or tribunal would likely resolve the dispute if it proceeded to a court or tribunal hearing.
(2)Subject to sections 28 [case manager may make recommendation for resolution if parties consent] and 29 [case manager may act as tribunal if parties consent], neither the parties to a dispute nor the case manager may disclose to the court or tribunal any evaluation or views provided under subsection (1).
Case manager may make recommendation for resolution if parties consent
28   (1)If the parties to a dispute consent, the case manager may make a recommendation to the tribunal as to the final decision resolving the dispute.
(2)A recommendation may be in the form of a draft final decision, or a draft final decision and draft order giving effect to the final decision, for consideration by the tribunal.
(3)In hearing the dispute, the tribunal must consider, but is not required to follow, a recommendation made under this section.
Case manager may act as tribunal in providing direct resolution if parties agree
29   (1)If the case manager for a dispute is a tribunal member, the case manager may, during the case management phase, offer to act as the tribunal in accordance with this section.
(2)If the parties agree to this direct resolution of any or all of the issues or claims in the dispute, the case manager may
(a)act as the tribunal panel in resolving those issues or claims without assignment under section 80 [assignment of case managers and tribunal panel], and
(b)proceed to resolve the issues or claims under Division 2 [Final Decision Resolving Dispute] of Part 5 [Tribunal Resolution], but on the basis of the information received by the case manager and without any further case management or hearing.
Unresolved claims in dispute proceed to tribunal hearing
30  If a claim has not been resolved during the case management phase, the claim is to proceed to resolution by tribunal hearing.
Division 3 — Preparation for Tribunal Hearing
Addition of appropriate parties
31   (1)If the case manager considers that one or more other persons should properly be parties to a dispute, the case manager may provide the current parties with an opportunity to have those other persons added as parties in accordance with the rules and with any directions by the case manager.
(2) and (3)[Repealed 2015-16-20.]
Preparation of case and evidence
32   (1)For the purposes of preparing the dispute for resolution by the tribunal, the case manager may direct any or all parties to do the following:
(a)provide information respecting
(i)the issues in the dispute,
(ii)the position of the parties in relation to those issues, and
(iii)the resolution that is being requested;
(b)provide evidence respecting a matter that is relevant to an issue in the dispute, including requiring the evidence to be provided on oath or affirmation or in a manner authorized under the rules;
(c)produce a record or other thing in the party's possession or control that is relevant to an issue in the dispute;
(d)prepare an agreed statement of facts;
(e)arrange for the preparation of expert evidence, including
(i)by requiring the parties to do this jointly,
(ii)by limiting the number of experts a party may call, or
(iii)by limiting the giving of expert evidence in respect of one or more issues in a claim to an expert appointed by the tribunal.
(2)The tribunal may make an order requiring compliance with a direction under this section.
Party may prepare summons to require other persons to provide evidence
33   (1)A party to a dispute may prepare and serve a summons, in a form authorized by the rules, requiring a person
(a)to provide evidence that is relevant to an issue in the dispute, on oath or affirmation or in a manner authorized under the rules, by attending or participating in the tribunal hearing or by providing the evidence for use in the tribunal hearing, or
(b)to produce, for the tribunal, the summoning party or another party, a record or other thing that is relevant to an issue in the dispute and is in the person's possession or control.
(2)The authority under subsection (1) may not be exercised in relation to evidence that is inadmissible under section 42 (2) [restriction on admitting privileged evidence].
(3)Subject to an order under section 34 (1) (f) [tribunal may require persons to provide evidence — allocation of expenses], the party that served a summons under this section is responsible for the expenses and witness fees that are payable in relation to the summons.
(4)A summons under this section may be cancelled by the tribunal in accordance with the rules.
Tribunal may require persons to provide evidence
34   (1)The tribunal may, at any time during the case management phase or tribunal hearing phase for a dispute, make orders as follows:
(a)requiring a party to prepare and serve a summons under section 33 [party may prepare summons to require other persons to provide evidence];
(b)requiring a person to comply with a summons served by a party under section 33;
(c)requiring a person to provide evidence that is relevant to an issue in the dispute, including by requiring evidence to be provided on oath or affirmation or in a manner authorized under the rules;
(d)requiring a person to produce a record or other thing that is relevant to an issue in the dispute and is in the person's possession or control;
(e)in the case of an order directed at an organization, requiring any directors or officers of the organization to cause the organization to comply with the order;
(f)making a party responsible for, or allocating between the parties responsibility for, the expenses and witness fees that are payable in relation to an order under paragraph (c) or (d) or a summons under section 33.
(2)The authority under subsection (1) may not be exercised in relation to evidence that is inadmissible under section 42 (2) [restriction on admitting privileged evidence].
Division 4 — Referral of Matters to Tribunal
Referral to tribunal if claim has no reasonable likelihood of success
35   (1)At any time in the case management phase, if the case manager considers that a claim in a dispute has no reasonable likelihood of success or gives rise to an abuse of process, the case manager may,
(a)if the case manager is a tribunal member, exercise tribunal authority under this section without assignment under section 80 [assignment of case managers and tribunal panels], and
(b)in any case, refer the claim to the tribunal.
(2)If a claim is to be dealt with under this section, the tribunal must review the claim in accordance with the rules and may, following the review,
(a)make an order dismissing the claim if the tribunal considers that the claim is frivolous, vexatious or an abuse of process, or
(b)direct that the claim is to continue to be dealt with by the tribunal proceeding.
(3)The tribunal must give reasons for dismissing a claim under subsection (2) (a).
(4)If the reasons provided under subsection (3) are not formal written reasons, the party whose claim has been dismissed may request that the tribunal provide formal written reasons for the decision, in which case the tribunal must provide those reasons within the time period established by the rules.
(5)A dismissal order under subsection (2) (a) may include a requirement for payment, as described in section 49 [order for payment of expenses], by the party who made the claim that is being dismissed.
Referral to tribunal for non-compliance
36   (1)This section applies if a party to a dispute fails to comply with any of the following:
(a)this Act or the regulations;
(b)the rules in relation to the case management phase for the dispute, including any time limits specified for taking actions;
(c)an order of the tribunal made during the case management phase.
(2)The case manager may, after giving notice to the non-compliant party, refer the dispute to the tribunal for resolution.
(3)If a dispute is referred to the tribunal under this section, the tribunal may
(a)proceed to hear the dispute in accordance with any applicable rules,
(b)make an order dismissing a claim in the dispute that is made by the non-compliant party, or
(c)refuse to resolve a claim of the non-compliant party or refuse to resolve the dispute.
(4)If the tribunal makes a dismissal order under subsection (3) (b),
(a)the tribunal must give reasons for the order, and
(b)the order may include a requirement for payment, as described in section 49 [order for payment of expenses], by the party referred to in subsection (1).
(5)If the reasons provided under subsection (4) (a) are not formal written reasons, the party whose claim was dismissed may request that the tribunal provide formal written reasons for the decision, in which case the tribunal must provide those reasons within the time period established by the rules.
(6)If the tribunal refuses under subsection (3) (c) to resolve a claim or the dispute,
(a)section 15 [restrictions in relation to court and other proceedings — when tribunal proceeding starts] ceases to apply in relation to the claim or dispute, as applicable,
(b)any further request for tribunal resolution in relation to a claim that was refused may be made only with leave of the tribunal, and
(c)[Repealed 2015-16-22.]
(d)the tribunal must certify that case management of all of the claims in the dispute is completed.
Cancellation of final decision or dismissal order under section 36
37   (1)If, under section 36 [referral to tribunal for non-compliance], the tribunal makes
(a)a final decision following a hearing, or
(b)a dismissal order respecting a claim of the non-compliant party,
that party may request that the tribunal cancel the final decision or order.
(2)A request under this section must be made in accordance with the rules and with payment of any applicable fee.
(3)The tribunal may, in accordance with the rules, order that the final decision or dismissal order is cancelled if satisfied that the circumstances established by the rules apply, in which case the dispute is to be resolved by continuing the tribunal proceeding.
(4)If a final decision is cancelled under this section, the order giving effect to the final decision is cancelled.
Part 5 — Tribunal Resolution
Division 1 — Tribunal Hearings
General tribunal authority in conducting hearings
38  The procedure for a tribunal hearing in relation to a dispute is at the discretion of the tribunal, subject to this Act and the rules.
How tribunal hearings are conducted
39   (1)In resolving a dispute, the tribunal may conduct a hearing in writing, by telephone, videoconferencing or email, or through use of other electronic communication tools, or by any combination of those means.
(2)It is not necessary for the means of communication referred to in subsection (1) to allow all parties to the dispute to take part at the same time.
(3)The tribunal may hold an in-person hearing if the tribunal considers that the nature of the dispute or that extraordinary circumstances make an in-person hearing necessary in the interests of justice.
(4)Subject to an order under subsection (5), an in-person hearing must be open to the public.
(5)The tribunal may, by order,
(a)impose restrictions on a person's continued participation in or attendance at a tribunal hearing, and
(b)exclude a person from further participation in or attendance at a tribunal hearing until the tribunal orders otherwise.
Notice of hearing
40  The tribunal must give notice to the parties as to the following:
(a)when the tribunal hearing is to be started;
(b)the means by which it is to be conducted;
(c)if applicable, where the hearing is to be conducted;
(d)if applicable, the times by which steps in the hearing are to be completed and by whom;
(e)any other information required to be provided under the rules.
Consent resolution orders if parties resolve issues or claims by agreement
41   (1)If, in the tribunal hearing phase, the parties to a dispute reach a resolution by agreement on any or all of the issues or claims in the dispute, they may ask the tribunal to approve a consent resolution order respecting the issues or claims.
(2)If the tribunal approves the consent resolution order, that order is a final decision of the tribunal resolving the specified issues or claims.
Evidence in tribunal hearing
42   (1)In conducting a hearing, the tribunal may do any or all of the following:
(a)receive, and accept as evidence, information that it considers relevant, necessary and appropriate, whether or not the information would be admissible in a court of law;
(b)ask questions of the parties and witnesses;
(c)inform itself in any other way it considers appropriate.
(2)The tribunal is not bound by the rules of evidence, but may not admit evidence that is inadmissible in a court because of a privilege under the law of evidence or otherwise.
(3)Unless otherwise required under the rules or by the tribunal, evidence to be provided in a tribunal hearing may be provided in electronic form.
(4)Nothing in this section overrides the provisions of this or any other Act that expressly limit the extent to which or purposes for which any oral testimony, information, records or things may be admitted or used in evidence.
Repealed
43  [Repealed 2015-16-23.]
Recording tribunal proceedings
44   (1)The tribunal may make an electronic or other recording of its proceedings or transcribe its proceedings.
(2)The tribunal's recording or transcription of a proceeding must be considered to be correct and to constitute part of the record of the proceeding.
(3)If, by a mechanical or human failure or other accident, the recording or transcription of a proceeding is destroyed, interrupted or incomplete, the validity of the proceeding is not affected.
Referral back to case management phase
45  The tribunal may direct that a dispute be referred back to the case management phase if, in the course of a tribunal hearing,
(a)the tribunal considers that one or more persons should properly be parties to the dispute, or
(b)other circumstances established by the rules apply.
Division 2 — Final Decision Resolving Dispute
Tribunal must give final decision following hearing
46   (1)Following a tribunal hearing, the tribunal must, within the applicable time period, if any, established by the rules,
(a)give its final decision in resolving the claims in the dispute,
(b)give reasons for the decision, and
(c)subject to this Act and the rules, make any order the tribunal considers is required to give effect to the decision.
(2)If an order giving effect to a final decision is given orally, a written record of the order must be given to the parties within the time period established by the rules.
(3)If the reasons provided under subsection (1) (b) are not formal written reasons, a party to the dispute may request that the tribunal provide formal written reasons for the decision, in which case the tribunal must provide those reasons within the time period established by the rules.
(4)The chair may extend a time period that is otherwise applicable under this section.
Notice of final decision
47  The tribunal must, within the applicable time period referred to in section 46 (1) [tribunal must give final decision following hearing],
(a)if the final decision is not given orally, give notice of the final decision to all parties to the dispute, and
(b)in all cases, provide the parties with access to, or a copy of, the final decision and any order giving effect to the final decision.
Order giving effect to final decision
48   (1)The tribunal may make an order giving effect to a final decision on terms and conditions the tribunal considers appropriate.
(2)If an order referred to in subsection (1) includes an order for the payment of money, the order must set out the principal amount payable.
(3)The Court Order Interest Act applies to the tribunal as if it were a court.
(4)The tribunal may make an order varying the terms and conditions of an order giving effect to a final decision, but may not vary the final decision.
(5)In the case of a final decision in a tribunal small claim, the tribunal may not make an order under this section unless both of the following apply:
(a)the time for making a notice of objection under section 56.1 (2) [notice of objection no later than 28 days after party receives decision] has expired;
(b)no notice of objection has been made.
Repealed
48.1  [Repealed 2018-17-20.]
Order for payment of expenses
49   (1)An order under section 48 [order giving effect to final decision] may include a requirement for one party to pay to another party to the dispute some or all of
(a)the fees paid under this Act by the other party in relation to the dispute, and
(b)any other reasonable expenses and charges that the tribunal considers directly relate to the conduct of the proceeding.
(2)For certainty, expenses and charges referred to in subsection (1) (b) include amounts payable under
(a)section 33 (3) [party may prepare summons to require other persons to provide evidence], or
(b)section 34 (1) (f) [tribunal may require persons to provide evidence — allocation of expenses].
(3)A requirement included in an order under subsection (1) may be subject to limits or restrictions prescribed by regulation, which may be different for different classes of claim categories, disputes, claims, issues and circumstances, as established by the regulations.
When final decision is effective
50  Unless otherwise specified by the tribunal, a final decision under section 46 [final decision following hearing] is effective,
(a)in the case of a final decision given orally, when it is given, and
(b)in the case of a final decision given other than orally, on the date that notice is given under section 47 [notice of final decision].
Amendment of final decision or order to clarify
51   (1)Subject to the rules, the tribunal may amend
(a)a final decision under section 46 [final decision following hearing], or
(b)an order giving effect to a final decision
for the purpose of clarifying the decision or order.
(2)The tribunal may not amend a final decision or order referred to in subsection (1) other than as provided under this section, section 48 (4) [order giving effect to final decision — authority to vary terms and conditions] or section 64 [authority to correct decisions and orders].
(3)This section must not be construed as limiting the tribunal's ability, on request of a party, to reopen a tribunal proceeding in order to cure a jurisdictional defect.
Division 3 — Tribunal Authority If Party Does Not Participate
Tribunal may hear or dismiss claims or dispute if party does not participate
52   (1)If a party does not attend or otherwise participate in a tribunal hearing at a time set for the hearing, the tribunal may
(a)proceed to hear and resolve the dispute in accordance with any applicable rules, or
(b)make an order dismissing a claim in the dispute that is made by the non-participating party.
(2)If the tribunal makes a dismissal order under subsection (1) (b),
(a)the tribunal must give reasons for the order, and
(b)the order may include a requirement for payment, as described in section 49 [order for payment of expenses], by the non-participating party referred to in subsection (1) of this section.
(3)If the reasons provided under subsection (2) (a) are not formal written reasons, the party whose claim was dismissed may request that the tribunal provide formal written reasons for the decision, in which case the tribunal must provide those reasons within the time period established by the rules.
Cancellation of final decision or dismissal order made in absence of party
53   (1)If, under section 52 [tribunal may hear or dismiss claims or dispute if party does not participate], the tribunal makes
(a)a final decision following a hearing, or
(b)a dismissal order respecting a claim of the non-participating party,
that party may request that the tribunal cancel the final decision or order.
(2)A request under this section must be made in accordance with the rules and with payment of any applicable fee.
(3)The tribunal may, in accordance with the rules, cancel the final decision or dismissal order if satisfied that the circumstances established by the rules apply, in which case the dispute is to be resolved by continuing the tribunal proceeding.
(4)If a final decision is cancelled, the order giving effect to the final decision is cancelled.
Division 4
Repealed
54-56  [Repealed 2015-16-26.]
Division 5 — Objection to Tribunal Small Claim Decision
Notice of objection renders decision non-binding
56.1   (1)A party that is given notice of a final decision in relation to a tribunal small claim may make a notice of objection.
(2)A party may not make a notice of objection later than 28 days after the party receives notice of the final decision.
(2.1)Subject to subsection (2), a party may not make a notice of objection if the party has defaulted in the tribunal unless the default is set aside by the tribunal.
(3)If a party makes a notice of objection under this section, the final decision is not binding on any party.
(4)Despite section 58.1 [enforcement of small claims decisions], if a party makes a notice of objection under this section, a final decision of the tribunal is not enforceable.
Tribunal must certify parties have completed tribunal process
56.2   (1)If a party makes a notice of objection in accordance with the rules, the tribunal must certify that the parties have completed the tribunal's process.
(2)A certificate under subsection (1) is conclusive evidence that the parties may bring a tribunal small claim as a claim in the Provincial Court.
Deposit for claims previously adjudicated by civil resolution tribunal
56.3   (1)If the civil resolution tribunal has adjudicated a claim, or made an order for payment of case management expenses, and a person has filed a notice of objection under this Part, the Provincial Court may order that the person make a deposit as a condition of making or defending the claim.
(2)The amount a person is required to deposit must not exceed the total of the following:
(a)an amount prescribed by regulation that is less than or equal to the amount awarded by the civil resolution tribunal against the person;
(b)an amount prescribed by regulation as security for the costs of the other parties.
(3)The Provincial Court may order that a deposit under this section be paid in instalments.
(4)[Repealed 2018-17-23.]
Disclosing the final decision of the tribunal
56.4  If a claim to which this Division applies is brought to the Provincial Court, the parties may disclose the final decision of the tribunal
(a)to a settlement conference judge,
(b)for the purposes of section 56.3 [deposit for claims previously adjudicated by civil resolution tribunal], and
(c)to the trial judge, but only after that judge has given a final decision on the amount to be awarded and only for the purposes of assessing penalties.
Division 6
Repealed
56.5  [Repealed 2018-17-24.]
Part 5.1 — Judicial Review of Tribunal Decisions
Time limit for application for judicial review of tribunal decisions
56.6  Section 57 [time limit for judicial review] of the Administrative Tribunals Act applies to an application for judicial review of a decision of the tribunal under this Act.
Standard of review
56.7   (1)The tribunal must be considered to be an expert tribunal, and section 58 (2) and (3) [standard of review with privative clause] of the Administrative Tribunals Actapplies, in relation to an application for judicial review of a final decision of the tribunal in
(a)a claim within the exclusive jurisdiction of the tribunal, or
(b)a claim in respect of which the tribunal is to be considered to have specialized expertise.
(2)Subsection (1) does not apply to an application for judicial review of a final decision of the tribunal that relates to liability in an accident claim described in section 133 (1) (c) [claims within jurisdiction of tribunal for accident claims] of this Act.
(3)Section 59 [standard of review without privative clause] of the Administrative Tribunals Act applies to an application for judicial review of a final decision of the tribunal in a claim other than a claim to which subsection (1) of this section applies.
Part 6 — Enforcement of Tribunal Orders
Enforcement by filing in Supreme Court
57   (1)A final decision of the tribunal in relation to a claim category, other than a tribunal small claim, may be enforced by filing, in the Supreme Court, a validated copy of an order giving effect to the final decision.
(2)An order filed under subsection (1) has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Supreme Court.
Enforcement by filing in Provincial Court
58   (1)A validated copy of an order referred to in section 57 [enforcement by filing in Supreme Court] may be filed in the Provincial Court if
(a)the order is for financial compensation or the return of personal property, and
(b)as applicable,
(i)the principal amount set out under section 48 (2) [order for payment of money], or
(ii)the value of the personal property
is within the monetary limit for claims under the Small Claims Act.
(2)An order filed under subsection (1) has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Provincial Court.
Enforcement of small claims decisions
58.1   (1)A consent resolution order in relation to a tribunal small claim [words not in force] may be enforced by filing, in the Provincial Court, a validated copy of the order.
(2)A final decision of the tribunal in relation to a tribunal small claim may be enforced by filing, in the Provincial Court, a validated copy of the order giving effect to the final decision.
(3)A party may file an order in the Provincial Court under subsection (2) only if both of the following apply:
(a)the time for making a notice of objection has expired;
(b)no notice of objection has been made.
(4)An order filed under this section has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Provincial Court.
Enforcement of tribunal decision by other person
58.2   (1)A final decision of the tribunal in relation to a claim adjudicated by the tribunal may, unless the court orders otherwise, be enforced under this Part by a person who was not a party to the claim if
(a)the claim is a strata property claim, or
(b)the person is within a prescribed class of persons.
(2)If a person referred to in subsection (1) enforces a final decision under subsection (1), the person is deemed to be a party for the purposes of this Act.
(3)Subsection (1) does not apply to a tribunal small claim.
Cancellation of tribunal order
59  If the tribunal cancels under section 37 [cancellation of final decision or dismissal order under section 36] an order that has been filed under this Part, the party that filed the cancelled order must not take any further steps to enforce that order and must take the steps necessary to discontinue any enforcement process.
Enforcement of tribunal orders by proceeding for contempt
60   (1)A person who fails or refuses to comply with an order of the tribunal is liable, on application to the Supreme Court, to be punished for contempt as if in breach of an order or judgment of the Supreme Court.
(2)Subsection (1) does not limit the conduct for which the Supreme Court may make a finding of contempt in respect of a person's conduct in relation to a tribunal proceeding.
Part 7 — Tribunal Powers and Procedures
General tribunal authority in relation to tribunal proceeding
61   (1)Subject to this Act and the rules, the tribunal may make any order or give any direction in relation to a tribunal proceeding it thinks necessary to achieve the objects of the tribunal in accordance with its mandate.
(2)The tribunal may make an order under subsection (1) or, unless otherwise provided, under any other provision of this Act
(a)on its own initiative,
(b)on request by a party, or
(c)on recommendation by a case manager.
(3)Unless otherwise restricted under this Act, the tribunal may vary or cancel an order that it has made under the Act.
Rules of practice and procedure for tribunal proceedings
62   (1)The tribunal may make rules respecting practice and procedure in tribunal proceedings to facilitate the resolution of disputes before it in accordance with its mandate.
(2)Without limiting subsection (1), the tribunal may make rules respecting the following:
(a)the form and content of an initiating notice under section 6 [initiating notice] and a response under section 7 [giving and responding to initiating notice];
(b)factors supporting a refusal under section 11 [general authority for tribunal to refuse to resolve a dispute];
(c)dispute resolution services provided by the tribunal, including rules respecting
(i)online dispute resolution services and their use, and
(ii)facilitated settlement that may be provided in the case management phase;
(d)procedures and processes that apply in relation to tribunal proceedings, including rules
(i)providing authority to waive or modify a rule in relation to a tribunal proceeding,
(ii)establishing times by which actions in a tribunal proceeding are to be taken, including providing authority to extend or shorten established times,
(iii)providing authority in relation to adjournments and postponements,
(iii.1)respecting the process to be followed by the tribunal if a court orders it not to facilitate the settlement of, resolve or adjudicate a claim,
(iv)imposing restrictions on evidence and submissions in relation to a tribunal hearing under section 36 (3) (a) [proceeding to hearing if a party does not comply with the case management process], and
(v)respecting procedures and processes that apply to a hearing under section 52 (1) (a) [tribunal may hear claims or dispute if party does not appear];
(e)powers under the Act to make orders and give directions, including rules
(i)respecting the process for a party to request that an order or direction be made,
(i.1)respecting orders available if a party given an initiating notice fails to make a response,
(i.2)respecting the cancellation of an order given when a party that fails to make a response within the time required by the rules subsequently makes a response, and
(ii)respecting the cancellation of a final decision or order under section 37 [cancellation of final decision or dismissal order under section 36] or 53 [cancellation of final decision or dismissal order made in absence of party];
(f)the form, content and manner for giving notices, summons, orders or other information or records, including rules
(i)authorizing the service, giving, filing, delivery or other provision to be done through electronic communication tools provided by the tribunal or through other means,
(ii)establishing requirements for service, and what is considered to be the address for service, of a party,
(iii)authorizing substituted service, and
(iv)establishing when a notice, summons, order or other information or record is deemed to have been served on or otherwise given to or received by the tribunal, a party or another person;
(g)the provision, receipt, disclosure and exchange of evidence, other information and records in a tribunal proceeding, including rules
(i)respecting how a person providing evidence asserts the truth of the evidence by oath, affirmation or otherwise,
(i.1)respecting forms of evidence to be provided,
(ii)respecting requirements for the preparation of expert witness evidence by a party or jointly by parties,
(ii.1)limiting the number of expert witnesses a party may call or limiting, in respect of one or more issues in a claim, the giving of expert witness evidence to an expert appointed by the tribunal,
(iii)respecting summonses under section 33 [party may require other persons to provide evidence], including establishing witness fees and expenses that are payable in relation to a summons and providing authority for the tribunal to cancel or vary a summons, and
(iv)authorizing the tribunal to direct how expenses for the provision, receipt, disclosure and exchange are to be allocated between parties;
(h)the participation of parties and other persons in tribunal proceedings, including rules
(i)respecting who may act for an organization or office in a tribunal proceeding as referred to in section 20 (5) [who may act for corporations and other organizations],
(ii)respecting representation of a party by a lawyer or other person,
(iii)allowing a party or witness to have a supporting person present with the party or witness while participating in a tribunal proceeding, and
(iv)respecting authority of the tribunal to allow other persons to participate in a tribunal proceeding;
(i)the consequences of a party's non-compliance with the rules or with a tribunal order, including
(i)respecting the process to be followed if a party given an initiating notice fails to make a response, and
(ii)respecting the process to be followed if an order is given against a party that fails to make a response within the time required by the rules but that subsequently makes a response;
(j)establishing a tariff of expenses and charges of a party that may be payable by one party to another party;
(k)respecting the preparation of validated copies of certificates, directions, orders, reasons and final decisions of the tribunal;
(l)respecting communications and records in relation to tribunal proceedings, including rules
(i)respecting the use, validity and authenticity of and access to electronic communications and electronic records in relation to tribunal proceedings,
(ii)respecting access to and restriction of access to tribunal records by any person, and
(iii)establishing information that is considered to be confidential under section 87 [tribunal members and staff obligation of confidentiality];
(m)respecting fees, including rules
(i)establishing fees that may be charged by the tribunal for providing services, other than services for which fees are established by regulation under section 93 (2) (l) [power to make regulations],
(ii)authorizing the tribunal to waive fees applicable under this Act for a person who cannot afford the fees, and
(iii)authorizing the tribunal to direct the refund of fees under this Act in circumstances established by the rules;
(n)rules respecting any other matter for which rules are contemplated by this Act.
(3)Where a provision of subsection (2) describes a specific matter as being included as part of the authority under that subsection, the inclusion must not be read as limiting the authority of the general description of that authority.
(4)Rules for the tribunal may be different for different classes of claim categories, disputes, claims, issues and circumstances, as established by the rules.
Practice directives
63   (1)The chair may issue practice directives consistent with this Act, the rules and the regulations.
(2)The tribunal is not bound by the practice directives in the exercise of its powers or the performance of its duties.
Authority to correct decisions and orders
64  On its own initiative or on request by a party, the tribunal may amend a decision or order to correct any of the following:
(a)a clerical or typographical error;
(b)an accidental or inadvertent error, omission or other similar mistake;
(c)an arithmetical error made in a computation.
Authority of tribunal members and panels
65   (1)An authority conferred under this Act on the tribunal may be exercised by any tribunal member or panel assigned responsibility in relation to the applicable tribunal proceeding.
(2)For certainty, subsection (1) applies to a tribunal member acting as a case manager in relation to the tribunal proceeding.
Authority to administer oaths
66  If a person is required under this Act to provide evidence or other information on oath or solemn affirmation, a tribunal member or case manager may administer the oath or receive the solemn affirmation.
Part 8 — Tribunal Membership and Administration
Division 1 — Appointment of Tribunal Members and Other Staff
Tribunal chair
67   (1)The Lieutenant Governor in Council may, after a merit-based process, appoint the chair of the tribunal.
(2)The term of office for the chair must be at least 3 years and not more than 5 years, and the appointment must be on a full-time basis.
(3)The Lieutenant Governor in Council may reappoint the chair for additional terms.
Vice chairs and other members of the tribunal
68   (1)The Lieutenant Governor in Council may, after a merit-based process and after consultation with the chair, appoint one or more vice chairs of the tribunal.
(2)The Lieutenant Governor in Council may, on the recommendation of the chair after a merit-based process, appoint one or more other tribunal members.
(3)The term of office for the initial appointment of a tribunal member under this section must be at least 2 years and not more than 4 years.
(4)The Lieutenant Governor in Council may reappoint a tribunal member appointed under this section, after a merit-based process, for additional terms of not more than 5 years.
(5)An appointment under this section may be on a full-time basis or part-time basis.
Temporary tribunal members
69   (1)Subject to this section, if the tribunal requires additional members, the chair may appoint as a temporary tribunal member a person who would otherwise be qualified for appointment as a tribunal member.
(2)The chair must comply with any conditions and qualifications established under subsection (5).
(3)The term of office for a temporary tribunal member's appointment under this section must not be more than 6 months, and the appointment may be on a full-time basis or part-time basis.
(4)A person may be appointed under this section only twice in any 2-year period.
(5)The Lieutenant Governor in Council may establish conditions and qualifications for appointments under this section.
Acting chair if chair absent or incapacitated
70   (1)If the chair expects to be absent or is absent, the chair may designate a vice chair as the acting chair for the period that the chair is absent.
(2)Despite subsection (1), if the chair is absent or incapacitated for an extended period, the minister may designate a vice chair as the acting chair for the period that the chair is absent or incapacitated.
(3)If there is authority to make a designation under subsection (1) or (2) but
(a)there is no vice chair, or
(b)there is a vice chair but the vice chair is not willing or able to act as chair,
the chair or minister, as applicable, may designate another tribunal member as the acting chair.
(4)A person designated under this section has all the powers and may perform all the duties of the chair.
Acting chair if no chair appointed
71   (1)If the tribunal has no chair, the Lieutenant Governor in Council may appoint a tribunal member, or an individual who would otherwise be qualified for appointment as a tribunal member, as the acting chair for a term of not more than 6 months.
(2)In exceptional circumstances, an individual may be reappointed as the acting chair under subsection (1) for an additional term of not more than 6 months.
(3)A person appointed under this section has all the powers and may perform all the duties of the chair.
Member's absence or incapacitation
72   (1)If a tribunal member appointed under section 68 [vice chairs and other members]
(a)expects to be absent for an extended period, or
(b)is absent or incapacitated for an extended period,
the Lieutenant Governor in Council may, after consultation with the chair, appoint another person, who would otherwise be qualified for appointment as a tribunal member, to replace the tribunal member until the member returns to full duty or the member's term expires, whichever comes first.
(2)The appointment of a person under subsection (1) is not affected by the tribunal member returning to less than full duty.
Powers after resignation or expiry of term
73   (1)If a tribunal member resigns or their appointment expires, the chair may authorize the person to continue to exercise powers as a tribunal member in any proceeding over which that person had jurisdiction immediately before the end of the person's term as a tribunal member.
(2)An authorization under subsection (1) continues until a final decision in that proceeding is made.
(3)If an individual performs duties under subsection (1), section 75 [remuneration and benefits for members] applies.
Validity of tribunal acts
73.1  An act of the tribunal is not invalid because of a defect that is afterwards discovered in the appointment of a chair, vice chair or member.
Termination for cause
74  The Lieutenant Governor in Council may not terminate the appointment of the chair, a vice chair or another tribunal member except for cause.
Remuneration and benefits for members
75   (1)The minister must, in accordance with the general directives of the Treasury Board, set the remuneration for tribunal members.
(2)In accordance with the general directives of the Treasury Board, tribunal members must be reimbursed for reasonable travelling and out-of-pocket expenses necessarily incurred in carrying out their duties.
Other tribunal officers
76  Employees necessary to carry out the powers and duties of the tribunal may be appointed under the Public Service Act.
Other persons engaged or retained by tribunal
77   (1)The chair may engage or retain consultants or specialists the tribunal considers necessary to exercise the powers and perform the duties of the tribunal under this Act and may determine their remuneration.
(2)Without limiting subsection (1), the chair may engage or retain persons to conduct facilitated settlement.
(3)The Public Service Act does not apply to a person engaged or retained under this section.
Division 2 — Tribunal Organization and Operations
Authority of chair
78   (1)The chair is responsible for the effective management and operation of the tribunal and for the organization and allocation of work among the tribunal members.
(2)Without limiting the authority of the chair, the chair may do any or all of the following:
(a)establish divisions of the tribunal for the purpose of providing efficient and effective dispute resolution services in accordance with the mandate of the tribunal or providing expertise in relation to particular subject matters;
(b)establish a code of practice and performance expectations for tribunal members;
(c)establish templates that are to be used by tribunal members in preparing orders, final decisions and formal written reasons;
(d)establish a process for receiving and dealing with complaints from the public respecting the tribunal.
Chair may establish panels
79   (1)The chair may establish panels of one, two or three tribunal members.
(2)If a panel has more than one member,
(a)the chair must designate one of the members as chair of the panel, and
(b)a decision of a majority of the members of a panel is a decision of the tribunal and, in the case of a tie, the decision of the chair of the panel governs.
(3)There is no restriction on the number of panels that may be engaged in tribunal hearings at the same time.
(4)If a member of a panel is unable for any reason to complete the member's duties, the remaining members of that panel, with consent of the chair of the tribunal, may continue to hear and determine the dispute, and the vacancy does not invalidate the proceeding.
Assignment of case managers and tribunal panels
80  The chair is responsible for the assignment of
(a)case managers for a dispute, and
(b)a tribunal panel to act as tribunal for a dispute.
Service improvement surveys
81  For the purposes of evaluating and improving its services under this Act, the tribunal may conduct surveys in the course of or after providing those services.
Annual report by chair
82   (1)As soon as practicable after the end of the fiscal year of the government, the tribunal must submit to the minister an annual report on the activities of the tribunal, including information respecting the following:
(a)a review of the operation of the tribunal during the preceding fiscal year;
(b)performance indicators for the preceding fiscal year, including details of the number, nature, time to resolution and outcome of disputes that came before the tribunal during that year;
(c)details of the number and nature of disputes before the tribunal that were outstanding at the end of the preceding fiscal year;
(d)results of surveys conducted under section 81 [service improvement surveys];
(e)details of any trends or special problems that emerged during the preceding fiscal year;
(f)forecasts of the workload of the tribunal in the present fiscal year;
(g)plans for improving the operation of the tribunal in the present fiscal year.
(2)After receiving an annual report under subsection (1), the minister must
(a)promptly lay the report before the Legislative Assembly if it is then sitting, or
(b)if the Legislative Assembly is not sitting, file the report with the Clerk of the Legislative Assembly.
Division 3 — Tribunal Duties and Protection
Tribunal member duties
83  Tribunal members must faithfully, honestly and impartially perform their duties.
Immunity protection
84   (1)In this section:
"protected function" means
(a)the consideration of requests for tribunal resolution,
(b)the case management phase in relation to a dispute, or
(c)a tribunal hearing in relation to a dispute;
"protected person" means a tribunal member, a case manager or other tribunal officer, or a person conducting facilitated settlement.
(2)Subject to subsection (3), no legal proceeding for damages lies or may be commenced or maintained against a protected person, the tribunal or the government because of anything done or omitted
(a)in the exercise or intended exercise of any power under this Act in relation to a protected function, or
(b)in the performance or intended performance of any duty under this Act in relation to a protected function.
(3)Subsection (2) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.
Part 9 — General
Division 1 — Information and Confidentiality
Publication of tribunal orders and other information
85   (1)The tribunal must make the following information available to the public, including by making it available on the internet:
(a)the rules of practice and procedure for the tribunal;
(b)any practice directives of the tribunal;
(c)fees that are payable in relation to services provided by the tribunal;
(d)the final decisions of the tribunal under section 46 [tribunal must give final decision following hearing], except final decisions in respect of parties in default.
(2)The tribunal may make the following available to the public, including by making it available on the internet:
(a)information respecting disputes that are current tribunal proceedings, including, without limiting this, the parties and claims in the disputes and the status of the tribunal proceedings;
(b)orders of the tribunal;
(b.1)the final decisions of the tribunal under section 46 in respect of parties in default;
(c)formal written reasons for final decisions or a record of such reasons.
Protection of personal information
86   (1)The tribunal must protect personal information in its custody or under its control by making reasonable security arrangements against such risks as unauthorized access, collection, use, disclosure or disposal.
(2)The tribunal must ensure that personal information in its custody or under its control is stored only in Canada.
(3)For the purposes of
(a)publication under section 85 [publication of tribunal orders and other information], or
(b)otherwise providing or making accessible information or records referred to in section 90 [application of Freedom of Information and Protection of Privacy Act]or other tribunal information or records,
the tribunal may remove or obscure personal information or replace personal information with anonymous identifiers.
Tribunal members and staff obligation of confidentiality
87  Except in the performance of their duties under this Act,
(a)a tribunal officer,
(b)a person acting on behalf of or under the direction of a tribunal officer, or
(c)a person engaged or retained to provide facilitated settlement
must not disclose to any person confidential information obtained in the discharge of those duties.
General rule: tribunal may not be required to testify or produce evidence
88   (1)The persons referred to in section 87 (a) to (c) [tribunal members and staff obligations of confidentiality] must not be required to testify or produce evidence in any proceeding, other than a criminal proceeding, about information or records obtained in the discharge of their duties under this Act.
(2)Despite subsection (1), the tribunal may produce to the court the record of the part of a tribunal proceeding that is the subject of an application for judicial review under the Judicial Review Procedure Act.
Confidentiality of online and facilitated settlement information
89   (1)Subject to this section, a person must not disclose or be compelled to disclose the following in a court proceeding or other legally binding process:
(a)any information or record provided by one party to another, and any communication made by one party to another, in the course of using the online dispute resolution services or facilitated settlement services of the tribunal;
(b)any information obtained or record prepared by a party specifically for the purpose of resolving the dispute through dispute resolution services referred to in paragraph (a).
(2)Subsection (1) does not apply
(a)if the parties to the dispute consent to the disclosure,
(b)in a criminal proceeding, or
(c)in relation to a communication that threatens bodily harm.
(3)Nothing in this section prevents a party from introducing into evidence in any proceeding information or records produced in the course of the dispute resolution services referred to in subsection (1) (a) that are otherwise producible or compellable in those proceedings.
Application of Freedom of Information and Protection of Privacy Act
90   (1)The Freedom of Information and Protection of Privacy Act, other than section 44 (1) (b), (2), (2.1) and (3) [powers of commissioner in conducting investigations, audits or inquiries], does not apply to any of the following:
(a)information and records in the custody or under the control of the tribunal that were obtained or created in the course of
(i)receiving and dealing with requests for tribunal resolution under section 4 [asking the tribunal to resolve a claim], or
(ii)online dispute resolution services or facilitated settlement services of the tribunal;
(b)the collection of personal information about an individual, without consent or from a source other than the individual, as part of the processes under sections 4 and 7;
(c)access from outside Canada by way of electronic communication tools provided by the tribunal;
(d)records kept by a person referred to in section 87 (a) to (c) [tribunal member and staff obligations of confidentiality] in providing online dispute resolution services or facilitated settlement services;
(e)a personal note, communication or draft decision of a person referred to in section 87 (a) to (c) in relation to the resolution of a dispute;
(f)information obtained, including evidence received, by the tribunal or a tribunal officer in a tribunal proceeding;
(g)an electronic recording of a tribunal hearing or a transcription of a tribunal hearing;
(h)an order of the tribunal, a final decision of the tribunal, formal written reasons for a final decision or a record of such reasons, to which public access is provided by the tribunal.
(2)Subsection (1) does not apply to personal information, as defined in the Freedom of Information and Protection of Privacy Act, that has been in existence for 100 or more years or to other information that has been in existence for 50 or more years.
Division 1.1 — Clustering
Tribunal may be clustered with other tribunals
90.1  Part 3 [Clustering] of the Administrative Tribunals Act applies to the tribunal.
Division 2 — Offences
General offence provision of Offence Act does not apply
91  Section 5 [general offence for contravening enactment] of the Offence Act does not apply to a contravention of this Act or regulations under this Act.
Offence for providing false or misleading information
92   (1)A person who provides false or misleading evidence or other information in a tribunal proceeding commits an offence and is liable on conviction to a fine of $10 000 or imprisonment for term not longer than 6 months, or both.
(2)A person is not guilty of an offence under this section if the person establishes that, at the time the information was provided, the person did not know that it was false or misleading and exercised reasonable care and diligence in providing the information.
Division 3 — Regulations
Power to make regulations
93   (1)The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2)Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a)respecting any matter for which the tribunal may make rules, including prescribing rules of practice and procedure for the tribunal;
(b)repealing or amending a rule made by the tribunal;
(c)prescribing an amount less than or equal to the amount awarded by the tribunal as a deposit and an amount for security for costs under section 56.3 (2) [deposit for claims previously adjudicated by civil resolution tribunal];
(d)establishing a monetary amount as the maximum tribunal small claim amount for the purposes of section 118 (1) [claims within jurisdiction of tribunal for tribunal small claims];
(e)establishing a monetary amount as the tribunal limit amount for the purposes of section 132 [definitions for Division — accident claims];
(f)prescribing fees that are to be paid under this Act for services provided or anything done by the tribunal;
(g)respecting any other matter for which regulations are contemplated by this Act.
(h) to (m)[Repealed 2018-17-30.]
(2.1)Section 60 (1) (a), (b) and (g) to (i) and (2) [power to make regulations] of the Administrative Tribunals Act applies to the tribunal.
(3)Regulations of the Lieutenant Governor in Council under this Act may be different for different classes of claim categories, disputes, claims, issues and circumstances, as established by the regulations.
(4)In addition to the authority under subsection (3), regulations of the Lieutenant Governor in Council in relation to
(a)strata property claims may be different for different classes, as established by regulation, of strata lots and strata corporations, as defined in section 1 (1) of the Strata Property Act,
(b) and (c)[Not in force.]
Consequential Amendments
[Note: See Table of Legislative Changes for the status of sections 94 to 111.]
Section(s)                Affected Act
94                 Freedom of Information and Protection of Privacy Act

95-105                 Strata Property Act

106-110                 Strata Property Amendment Act, 2009
Amendments to this Act
Section(s)                 Affected Act
111                 Civil Resolution Tribunal Act

Repealed
112  [Repealed 2018-17-31.]
Part 10 — Tribunal Jurisdiction
Division 1 — General
Restricted authority of tribunal
113  The tribunal does not have jurisdiction over any of the following:
(a)a constitutional question;
(b)a claim in a class of claims prescribed by regulation as being excluded from the jurisdiction of the tribunal.
Limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code
114  For the purposes of this Act, section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code] of the Administrative Tribunals Actapplies to the tribunal.
Exclusive jurisdiction of tribunal — privative clause
115   (1)If, under section 1 (3), the tribunal has exclusive jurisdiction in respect of a claim category, or a class of claims in a claim category, the tribunal has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising under this Act or required to be determined by the tribunal under this Act, and to make any order permitted by this Act to be made, in respect of the claim category or the class of claims in the claim category.
(2)A decision of the tribunal made in a claim in respect of which the tribunal has exclusive jurisdiction is final and binding on the parties, except the decision may be judicially reviewed in accordance with section 56.7 (1) (a) [standard of review].
Specialized expertise of tribunal
116   (1)If, under section 1 (4), the tribunal is to be considered to have specialized expertise in respect of a claim category, or a class of claims in a claim category, the tribunal is to be considered to have specialized expertise to inquire into, hear and determine all those matters and questions of fact, law and discretion arising under this Act or required to be determined by the tribunal under this Act, and to make any order permitted by this Act to be made, in respect of the claim category or the class of claims in the claim category.
(2)A decision of the tribunal made in a claim in respect of which the tribunal is to be considered to have specialized expertise is final and binding on the parties, except the decision may be judicially reviewed in accordance with section 56.7 (1) (b) [standard of review].
Division 2 — Referenced Claims
Jurisdiction provided for in another enactment
117  If another enactment gives the tribunal jurisdiction in relation to a claim, the provisions of this Act are subject to that enactment.
Division 3 — Tribunal Small Claims
Claims within jurisdiction of tribunal for tribunal small claims
118   (1)Except as otherwise provided in section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction to resolve a claim for relief in the nature of one or more of the following, if the amount of the claim is less than or equal to an amount, in respect of the Small Claims Act, prescribed by regulation as the maximum tribunal small claim amount:
(a)debt or damages;
(b)recovery of personal property;
(c)specific performance of an agreement relating to personal property or services;
(d)relief from opposing claims to personal property.
(2)An initiating party may adjust the initiating party's claim to fit within the maximum tribunal small claim amount prescribed under subsection (1).
(3)The maximum tribunal small claim amount prescribed under subsection (1) may not exceed the amount prescribed by the Lieutenant Governor in Council under section 3 [claims the Provincial Court may hear] of the Small Claims Act.
Claims beyond jurisdiction of tribunal for tribunal small claims
119  The tribunal does not have jurisdiction under this Division in a claim
(a)for libel, slander or malicious prosecution, or
(b)despite section 9 [government as party], for or against the government.
Division 4 — Strata Property Claims
Meaning of words and expressions in Division — strata property claims
120  In this Division, words and expressions have the same meaning as in the Strata Property Act or a regulation under that Act.
Claims within jurisdiction of tribunal for strata property claims
121   (1)Except as otherwise provided in section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction over a claim, in respect of the Strata Property Act, concerning one or more of the following:
(a)the interpretation or application of the Strata Property Act or a regulation, bylaw or rule under that Act;
(b)the common property or common assets of a strata corporation;
(c)the use or enjoyment of a strata lot;
(d)money owing, including money owing as a fine, under the Strata Property Act or a regulation, bylaw or rule under that Act;
(e)an action or threatened action by a strata corporation, including the council, in relation to an owner or tenant;
(f)a decision of a strata corporation, including the council, in relation to an owner or tenant;
(g)the exercise of voting rights by a person who holds 50% or more of the votes, including proxies, at an annual or special general meeting.
(2)For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of claims within the jurisdiction of the tribunal under this Division.
Claims beyond jurisdiction of tribunal for strata property claims
122   (1)The tribunal does not have jurisdiction in relation to a claim that may be dealt with, by the Supreme Court, under any of the following provisions of the Strata Property Act:
(a)section 33 [accountability];
(b)section 52 [unanimous votes];
(c)section 58 [court appointed voter];
(d)section 89 [removal of claim of lien after purchase from owner developer];
(e)section 90 [removal of liens and other charges];
(f)section 117 [forced sale of owner's strata lot to collect money owing];
(g)section 160 [court orders if strata corporation decides not to repair or replace damaged property];
(h)section 173 (2) [court order when special levy resolution receives more than 1/2 but less than 3/4 of votes];
(i)section 174 [appointment of administrator for strata corporation];
(j)section 208 [orders respecting requests from leasehold landlords];
(k)section 209 [leasehold landlord's remedies on leasehold tenant's default];
(l)the following provisions of Part 13 [Phased Strata Plans]:
(i)section 226 (1) (c) and (d) [release of security for common facilities];
(ii)section 232 [amendment of declaration to extend time for election];
(iii)section 233 [other amendments respecting Phased Strata Plan Declaration];
(iv)section 235 [orders if owner developer elects not to proceed with next phase];
(v)section 236 [order to compel completion of a phase];
(m)section 246 [order for amendment of Schedule of Unit Entitlement];
(n)the following provisions of Part 16 [Cancellation of Strata Plan and Winding Up of Strata Corporation]:
(i)section 272 [vote to cancel strata plan];
(ii)section 273.1 [confirmation by court of winding-up resolution — without liquidator];
(iii)section 278.1 [confirmation by court of winding-up resolution — with liquidator];
(iv)section 279 [order vesting authority in liquidator];
(v)section 284 [application for court order to wind up strata corporation].
(2)The tribunal does not have jurisdiction in relation to any of the following:
(a)a claim to which Part 5 [Resolving Disputes] or 5.1 [Administrative Penalties] of the Residential Tenancy Act or Part 6 [Resolving Disputes] or 6.1 [Administrative Penalties] of the Manufactured Home Park Tenancy Act applies;
(b)a claim to which all parties have agreed that the Arbitration Act will apply.
Orders available in strata property claims
123   (1)In resolving a strata property claim, the tribunal may make one or more of the following orders:
(a)an order requiring a party to do something;
(b)an order requiring a party to refrain from doing something;
(c)an order requiring a party to pay money.
(2)In resolving a strata property claim described in section 121 (1) (e) to (g), the tribunal may make an order directed at the strata corporation, the council or a person who holds 50% or more of the votes, if the order is necessary to prevent or remedy a significantly unfair action, decision or exercise of voting rights.
(3)Despite subsections (1) and (2), the tribunal may not make the following orders:
(a)an order requiring the sale or other disposition of a strata lot;
(b)an order in a class of orders prescribed by regulation.
Transition — appeal of certain strata property claims
123.1  Despite the repeal of section 56.5 [appeal to Supreme Court] of this Act, that section, as it read immediately before its repeal, continues to apply in respect of a strata property claim with an initiating notice given before January 1, 2019.
Division 5-6
Not in force
124-131  [Not in force.]
Division 7 — Accident Claims
Definitions for Division — accident claims
132  In this Division:
"accident",
(a)except in respect of the benefits referred to in section 133 (1) (a), has the same meaning as in section 101 [definitions and interpretation] of the Insurance (Vehicle) Act, or
(b)in respect of the benefits referred to in section 133 (1) (a) of this Act, has the same meaning as in section 1.1 [definitions] of the Insurance (Vehicle) Act;
"benefits" has the same meaning as in section 1.1 of the Insurance (Vehicle) Act;
"minor injury" has the same meaning as in section 101 of the Insurance (Vehicle) Act;
"tribunal limit amount" means the amount prescribed by regulation as the maximum amount that the tribunal may award in an accident claim in accordance with section 133 (1) (c) of this Act.
Claims within jurisdiction of tribunal for accident claims
133   (1)Except as otherwise provided in section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction in a dispute, in respect of an accident, over a claim concerning one or more of the following:
(a)the determination of entitlement to benefits paid or payable under the Insurance (Vehicle) Act;
(b)the determination of whether an injury is a minor injury for the purposes of the Insurance (Vehicle) Act;
(c)liability and damages, if the amount, including loss or damage to property related to the accident but excluding interest and any expenses referred to under section 49 [order for payment of expenses], is less than or equal to the tribunal limit amount.
(2)For the purposes of this Act, the tribunal
(a)has exclusive jurisdiction in respect of claims described in subsection (1) (a) or (b) of this section, and
(b)is to be considered to have specialized expertise in respect of claims described in subsection (1) (c) of this section.
(3)For certainty, a person may make a request for tribunal resolution in more than one tribunal proceeding relating to an accident.
Claims beyond jurisdiction of tribunal for accident claims
134   (1)The tribunal does not have jurisdiction in relation to a claim that may be dealt with, by a court, under any of the following provisions of the Insurance (Vehicle) Act:
(a)section 18 (2) [financial responsibility in other provinces];
(b)section 42.1 [offence];
(c)section 68 [relief from forfeiture];
(d)section 77 (2), (8) and (9) [rights of insurer];
(e)section 78 [payment of insurance money into court];
(f)section 79 [defence if more than one contract].
(2)The tribunal does not have jurisdiction in relation to the following:
(a)a claim relating to liability and damages claimed under the Family Compensation Act in respect of a death;
(b)a claim to which the Arbitration Act applies;
(c)a claim under this Division in respect of an accident that occurred before April 1, 2019.
Matters relating to tribunal limit amount
135   (1)It is presumed that the amount, including loss or damage to property related to the accident but excluding interest and any expenses referred to in section 49 [order for payment of expenses], that will be awarded for a minor injury in an accident claim described in section 133 (1) (c) is less than or equal to the tribunal limit amount unless a party establishes on the basis of satisfactory evidence that there is a substantial likelihood that the damages will exceed the tribunal limit amount.
(2)If a case manager, during case management, or the tribunal, during a tribunal proceeding, determines that the damages in an accident claim described in section 133 (1) (c) would likely exceed the tribunal limit amount,
(a)subject to the rules, the case manager or the tribunal may, on request of all parties to a dispute, provide to the parties a non-binding neutral evaluation of the likely amount of damages, and
(i)the parties may not disclose the evaluation
(A)to the court, or
(B)if the evaluation is provided by the case manager, to the tribunal, and
(ii)the parties may request a dismissal order in accordance with section 22 [parties may request consent dismissal order], or
(b)a party may request that the claim be continued in the Supreme Court.
(3)For certainty, subsections (1) and (2) do not limit the tribunal's authority to refuse to resolve a claim that is not within the tribunal's jurisdiction.
(4)If a party brings or continues any proceeding in the Supreme Court in respect of liability and damages in relation to an accident and the settlement or award is less than the tribunal limit amount, the costs, including disbursements, that may be ordered are limited to an amount that would have been permitted in the tribunal proceeding by order of payment of expenses under section 49 [order for payment of expenses].
Transition — claims in relation to accidents
136   (1)Section 134 (2) (c) does not limit the tribunal's jurisdiction in relation to the Small Claims Act in respect of a claim that involves an accident that occurred before April 1, 2019.
(2)If, before the coming into force of this section, the tribunal had jurisdiction in respect of a claim described in subsection (1), the claim is to continue before the tribunal as a tribunal small claim under Division 3 [Tribunal Small Claims] of this Part.
Commencement
137  This Act comes into force by regulation of the Lieutenant Governor in Council.
Schedule


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