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楼主: 郭国汀

CIVIL RESOLUTION TRIBUNAL ACT

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 楼主| 发表于 5/8/2019 19:11:59 | 显示全部楼层
Part 6 —Enforcement of Tribunal Orders
Enforcement by filing in Supreme Court
57   (1)Afinal decision of the tribunal in relation to a claim category, other than atribunal small claim, may be enforced by filing, in the Supreme Court, avalidated copy of an order giving effect to the final decision.
(2)An order filed under subsection (1) has the same force andeffect, and all proceedings may be taken on it, as if it were a judgment of theSupreme Court.
Enforcement by filing in Provincial Court
58   (1)Avalidated copy of an order referred to in section 57 [enforcement byfiling in Supreme Court] may be filed in the Provincial Court if
(a)the order is for financial compensation or the return ofpersonal property, and
(b)as applicable,
(i)the principal amount set out under section 48 (2) [orderfor payment of money], or
(ii)the value of the personal property
is withinthe monetary limit for claims under the Small Claims Act.
(2)An order filed under subsection (1) has the same force andeffect, and all proceedings may be taken on it, as if it were a judgment of theProvincial Court.
Enforcement of small claims decisions
58.1   (1)Aconsent resolution order in relation to a tribunal small claim [words not inforce] may be enforced by filing, in the Provincial Court, a validated copy ofthe order.
(2)A final decision of the tribunal in relation to a tribunalsmall claim may be enforced by filing, in the Provincial Court, a validatedcopy of the order giving effect to the final decision.
(3)A party may file an order in the Provincial Court undersubsection (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 andeffect, and all proceedings may be taken on it, as if it were a judgment of theProvincial Court.
Enforcement of tribunal decision by other person
58.2   (1)Afinal decision of the tribunal in relation to a claim adjudicated by thetribunal may, unless the court orders otherwise, be enforced under this Part bya 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 finaldecision under subsection (1), the person is deemed to be a party for thepurposes of this Act.
(3)Subsection (1) does not apply to a tribunal small claim.
Cancellation of tribunal order
59  If the tribunal cancelsunder section 37 [cancellation of final decision or dismissal orderunder section 36] an order that has been filed under this Part, theparty that filed the cancelled order must not take any further steps to enforcethat order and must take the steps necessary to discontinue any enforcementprocess.
Enforcement of tribunal orders by proceeding for contempt
60   (1)Aperson 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 inbreach of an order or judgment of the Supreme Court.
(2)Subsection (1) does not limit the conduct for which theSupreme Court may make a finding of contempt in respect of a person's conductin relation to a tribunal proceeding.

 楼主| 发表于 5/8/2019 19:34:59 | 显示全部楼层
Part 7 —Tribunal Powers and Procedures
General tribunal authority in relation to tribunal proceeding
61   (1)Subjectto this Act and the rules, the tribunal may make any order or give anydirection in relation to a tribunal proceeding it thinks necessary to achievethe 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 tribunalmay vary or cancel an order that it has made under the Act.
Rules of practice and procedure for tribunal proceedings
62   (1)Thetribunal may make rules respecting practice and procedure in tribunalproceedings to facilitate the resolution of disputes before it in accordancewith its mandate.
(2)Without limiting subsection (1), the tribunal may make rulesrespecting the following:
(a)the form and content of an initiating notice under section 6 [initiatingnotice] and a response under section 7 [giving and respondingto initiating notice];
(b)factors supporting a refusal under section 11 [generalauthority for tribunal to refuse to resolve a dispute];
(c)dispute resolution services provided by the tribunal, including rulesrespecting
(i)online dispute resolution services and their use, and
(ii)facilitated settlement that may be provided in the case managementphase;
(d)procedures and processes that apply in relation to tribunalproceedings, including rules
(i)providing authority to waive or modify a rule in relation to atribunal proceeding,
(ii)establishing times by which actions in a tribunal proceeding are tobe 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 tribunalif a court orders it not to facilitate the settlement of, resolve or adjudicatea claim,
(iv)imposing restrictions on evidence and submissions in relation to atribunal hearing under section 36 (3) (a) [proceeding to hearing if aparty does not comply with the case management process], and
(v)respecting procedures and processes that apply to a hearing undersection 52 (1) (a) [tribunal may hear claims or dispute if party doesnot appear];
(e)powers under the Act to make orders and give directions,including rules
(i)respecting the process for a party to request that anorder or direction be made,
(i.1)respecting orders available if a party given aninitiating notice fails to make a response,
(i.2)respecting the cancellation of an order given when aparty that fails to make a response within the time required by the rulessubsequently makes a response, and
(ii)respecting the cancellation of a final decision or order under section 37 [cancellationof final decision or dismissal order under section 36] or53 [cancellation of final decision or dismissal order made in absenceof party];
(f)the form, content and manner for giving notices, summons, orders orother information or records, including rules
(i)authorizing the service, giving, filing, delivery or other provisionto be done through electronic communication tools provided by the tribunal orthrough other means,
(ii)establishing requirements for service, and what is considered to bethe address for service, of a party,
(iii)authorizing substituted service, and
(iv)establishing when a notice, summons, order or other information orrecord is deemed to have been served on or otherwise given to or received bythe tribunal, a party or another person;
(g)the provision, receipt, disclosure and exchange of evidence, otherinformation and records in a tribunal proceeding, including rules
(i)respecting how a person providing evidence asserts the truth of theevidence by oath, affirmation or otherwise,
(i.1)respecting forms of evidence to be provided,
(ii)respecting requirements for the preparation of expert witnessevidence by a party or jointly by parties,
(ii.1)limiting the number of expert witnesses a party maycall or limiting, in respect of one or more issues in a claim, the giving ofexpert witness evidence to an expert appointed by the tribunal,
(iii)respecting summonses under section 33 [party may requireother persons to provide evidence], including establishing witness fees andexpenses that are payable in relation to a summons and providing authority forthe 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 tribunalproceedings, including rules
(i)respecting who may act for an organization or office in a tribunalproceeding as referred to in section 20 (5) [who may act forcorporations 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 withthe party or witness while participating in a tribunal proceeding, and
(iv)respecting authority of the tribunal to allow other persons toparticipate in a tribunal proceeding;
(i)the consequences of a party's non-compliance with the rules or with atribunal order, including
(i)respecting the process to be followed if a party given aninitiating notice fails to make a response, and
(ii)respecting the process to be followed if an order isgiven against a party that fails to make a response within the time required bythe rules but that subsequently makes a response;
(j)establishing a tariff of expenses and charges of a party that may bepayable 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 totribunal proceedings, including rules
(i)respecting the use, validity and authenticity of and access toelectronic communications and electronic records in relation to tribunalproceedings,
(ii)respecting access to and restriction of access to tribunal records byany person, and
(iii)establishing information that is considered to be confidential undersection 87 [tribunal members and staff obligation of confidentiality];
(m)respecting fees, including rules
(i)establishing fees that may be charged by the tribunal for providingservices, other than services for which fees are established by regulationunder section 93 (2) (l) [power to make regulations],
(ii)authorizing the tribunal to waive fees applicable under this Act fora person who cannot afford the fees, and
(iii)authorizing the tribunal to direct the refund of fees under this Actin circumstances established by the rules;
(n)rules respecting any other matter for which rules are contemplated bythis Act.
(3)Where a provision of subsection (2) describes a specific matter asbeing included as part of the authority under that subsection, the inclusionmust not be read as limiting the authority of the general description of thatauthority.
(4)Rules for the tribunal may be different for different classes of claimcategories, disputes, claims, issues and circumstances, as established by therules.
Practice directives
63   (1)Thechair may issue practice directives consistent with this Act, the rules and theregulations.
(2)The tribunal is not bound by the practice directives inthe exercise of its powers or the performance of its duties.
Authority to correct decisions and orders
64  On its own initiative oron request by a party, the tribunal may amend a decision or order to correctany of the following:
(a)a clerical or typographical error;
(b)an accidental or inadvertent error, omission or othersimilar mistake;
(c)an arithmetical error made in a computation.
Authority of tribunal members and panels
65   (1)Anauthority conferred under this Act on the tribunal may be exercised by anytribunal member or panel assigned responsibility in relation to the applicabletribunal proceeding.
(2)For certainty, subsection (1) applies to a tribunal memberacting as a case manager in relation to the tribunal proceeding.
Authority to administer oaths
66  If a person is requiredunder this Act to provide evidence or other information on oath or solemnaffirmation, a tribunal member or case manager may administer the oath orreceive the solemn affirmation.

 楼主| 发表于 5/9/2019 13:07:07 | 显示全部楼层
Part 8 —Tribunal Membership and Administration
Division 1 — Appointment of Tribunal Members and Other Staff
Tribunal chair
67   (1)TheLieutenant Governor in Council may, after a merit-based process, appoint thechair of the tribunal.
(2)The term of office for the chair must be at least 3 yearsand not more than 5 years, and the appointment must be on a full-timebasis.
(3)The Lieutenant Governor in Council may reappoint the chair foradditional terms.
Vice chairs and other members of the tribunal
68   (1)TheLieutenant Governor in Council may, after a merit-based process and afterconsultation with the chair, appoint one or more vice chairs of the tribunal.
(2)The Lieutenant Governor in Council may, on the recommendation of thechair after a merit-based process, appoint one or more other tribunal members.
(3)The term of office for the initial appointment of a tribunal memberunder 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 appointedunder this section, after a merit-based process, for additional terms of notmore than 5 years.
(5)An appointment under this section may be on a full-time basis orpart-time basis.
Temporary tribunal members
69   (1)Subjectto this section, if the tribunal requires additional members, the chair mayappoint as a temporary tribunal member a person who would otherwise bequalified for appointment as a tribunal member.
(2)The chair must comply with any conditions and qualificationsestablished under subsection (5).
(3)The term of office for a temporary tribunal member's appointment underthis section must not be more than 6 months, and the appointment may be on afull-time basis or part-time basis.
(4)A person may be appointed under this section only twice in any 2-yearperiod.
(5)The Lieutenant Governor in Council may establishconditions and qualifications for appointments under this section.
Acting chair if chair absent or incapacitated
70   (1)Ifthe chair expects to be absent or is absent, the chair may designate a vicechair as the acting chair for the period that the chair is absent.
(2)Despite subsection (1), if the chair is absent or incapacitated for anextended period, the minister may designate a vice chair as the acting chairfor 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 actas chair,
the chair orminister, as applicable, may designate another tribunal member as the actingchair.
(4)A person designated under this section has all the powers and mayperform all the duties of the chair.
Acting chair if no chair appointed
71   (1)Ifthe tribunal has no chair, the Lieutenant Governor in Council may appoint atribunal member, or an individual who would otherwise be qualified forappointment as a tribunal member, as the acting chair for a term of not morethan 6 months.
(2)In exceptional circumstances, an individual may be reappointed as theacting chair under subsection (1) for an additional term of not more than 6months.
(3)A person appointed under this section has all the powers and mayperform all the duties of the chair.
Member's absence or incapacitation
72   (1)Ifa tribunal member appointed under section 68 [vice chairs and othermembers]
(a)expects to be absent for an extended period, or
(b)is absent or incapacitated for an extended period,
theLieutenant Governor in Council may, after consultation with the chair, appointanother person, who would otherwise be qualified for appointment as a tribunalmember, to replace the tribunal member until the member returns to full duty orthe member's term expires, whichever comes first.
(2)The appointment of a person under subsection (1) is not affected bythe tribunal member returning to less than full duty.
Powers after resignation or expiry of term
73   (1)Ifa tribunal member resigns or their appointment expires, the chair may authorizethe person to continue to exercise powers as a tribunal member in anyproceeding over which that person had jurisdiction immediately before the endof the person's term as a tribunal member.
(2)An authorization under subsection (1) continues until afinal decision in that proceeding is made.
(3)If an individual performs duties under subsection (1), section75 [remuneration and benefits for members] applies.
Validity of tribunal acts
73.1  An act of the tribunal isnot invalid because of a defect that is afterwards discovered in theappointment of a chair, vice chair or member.
Termination for cause
74  The Lieutenant Governorin Council may not terminate the appointment of the chair, a vice chair oranother tribunal member except for cause.
Remuneration and benefits for members
75   (1)Theminister 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-pocketexpenses necessarily incurred in carrying out their duties.
Other tribunal officers
76  Employees necessary tocarry out the powers and duties of the tribunal may be appointed underthe Public Service Act.
Other persons engaged or retained by tribunal
77   (1)Thechair may engage or retain consultants or specialists the tribunal considersnecessary to exercise the powers and perform the duties of the tribunal underthis Act and may determine their remuneration.
(2)Without limiting subsection (1), the chair may engage or retainpersons to conduct facilitated settlement.
(3)The Public Service Act does not apply to a personengaged or retained under this section.

 楼主| 发表于 5/9/2019 13:15:35 | 显示全部楼层
本帖最后由 郭国汀 于 5/9/2019 13:21 编辑

Division2 — Tribunal Organization and Operations
Authority of chair
78   (1)Thechair is responsible for the effective management and operation of the tribunaland for the organization and allocation of work among the tribunal members.
(2)Without limiting the authority of the chair, the chair maydo any or all of the following:
(a)establish divisions of the tribunal for the purpose ofproviding efficient and effective dispute resolution services in accordancewith the mandate of the tribunal or providing expertise in relation toparticular subject matters;
(b)establish a code of practice and performance expectationsfor tribunal members;
(c)establish templates that are to be used by tribunalmembers in preparing orders, final decisions and formal written reasons;
(d)establish a process for receiving and dealing withcomplaints from the public respecting the tribunal.
Chair may establish panels
79   (1)Thechair 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 ofthe panel, and
(b)a decision of a majority of the members of a panel is adecision of the tribunal and, in the case of a tie, the decision of the chairof the panel governs.
(3)There is no restriction on the number of panels that maybe engaged in tribunal hearings at the same time.
(4)If a member of a panel is unable for any reason tocomplete the member's duties, the remaining members of that panel, with consentof 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 responsiblefor 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 ofevaluating and improving its services under this Act, the tribunal may conductsurveys in the course of or after providing those services.
Annual report by chair
82   (1)Assoon as practicable after the end of the fiscal year of the government, thetribunal 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 thepreceding fiscal year;
(b)performance indicators for the preceding fiscal year,including details of the number, nature, time to resolution and outcome ofdisputes that came before the tribunal during that year;
(c)details of the number and nature of disputes before thetribunal that were outstanding at the end of the preceding fiscal year;
(d)results of surveys conducted under section 81 [serviceimprovement surveys];
(e)details of any trends or special problems that emergedduring the preceding fiscal year;
(f)forecasts of the workload of the tribunal in the presentfiscal year;
(g)plans for improving the operation of the tribunal in thepresent fiscal year.
(2)After receiving an annual report under subsection (1), theminister must
(a)promptly lay the report before the Legislative Assembly ifit is then sitting, or
(b)if the Legislative Assembly is not sitting, file thereport with the Clerk of the Legislative Assembly.
Division3 — Tribunal Duties and Protection
Tribunal member duties
83  Tribunal members mustfaithfully, honestly and impartially perform their duties.
Immunity protection
84   (1)Inthis section:
"protectedfunction" 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;
"protectedperson" meansa tribunal member, a case manager or other tribunal officer, or a personconducting facilitated settlement.
(2)Subject to subsection (3), no legal proceeding for damageslies or may be commenced or maintained against a protected person, the tribunalor the government because of anything done or omitted
(a)in the exercise or intended exercise of any power underthis Act in relation to a protected function, or
(b)in the performance or intended performance of any dutyunder this Act in relation to a protected function.
(3)Subsection (2) does not apply to a person referred to inthat subsection in relation to anything done or omitted by that person in badfaith.

 楼主| 发表于 5/9/2019 14:32:44 | 显示全部楼层
Part 9 —General
Division 1 — Information and Confidentiality
Publication of tribunal orders and other information
85   (1)Thetribunal must make the following information available to the public, includingby 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 bythe tribunal;
(d)the final decisions of the tribunal under section 46 [tribunalmust give final decision following hearing], except final decisions inrespect of parties in default.
(2)The tribunal may make the following available to thepublic, including by making it available on the internet:
(a)information respecting disputes that are current tribunalproceedings, including, without limiting this, the parties and claims in thedisputes and the status of the tribunal proceedings;
(b)orders of the tribunal;
(b.1)the final decisions of the tribunal under section 46 inrespect of parties in default;
(c)formal written reasons for final decisions or a record ofsuch reasons.
Protection of personal information
86   (1)Thetribunal must protect personal information in its custody or under its controlby making reasonable security arrangements against such risks as unauthorizedaccess, collection, use, disclosure or disposal.
(2)The tribunal must ensure that personal information in itscustody or under its control is stored only in Canada.
(3)For the purposes of
(a)publication under section 85 [publication oftribunal orders and other information], or
(b)otherwise providing or making accessible information orrecords referred to in section 90 [application of Freedom of Informationand Protection of Privacy Act]or other tribunal information or records,
the tribunalmay remove or obscure personal information or replace personal information withanonymous identifiers.
Tribunal members and staff obligation of confidentiality
87  Except in the performanceof their duties under this Act,
(a)a tribunal officer,
(b)a person acting on behalf of or under the direction of atribunal officer, or
(c)a person engaged or retained to provide facilitatedsettlement
must notdisclose to any person confidential information obtained in the discharge ofthose duties.
General rule: tribunal may not be required to testify orproduce evidence
88   (1)Thepersons referred to in section 87 (a) to (c) [tribunal members andstaff obligations of confidentiality] must not be required to testifyor produce evidence in any proceeding, other than a criminal proceeding, aboutinformation or records obtained in the discharge of their duties under thisAct.
(2)Despite subsection (1), the tribunal may produce to thecourt the record of the part of a tribunal proceeding that is the subject of anapplication for judicial review under the Judicial Review Procedure Act.
Confidentiality of online and facilitated settlementinformation
89   (1)Subjectto this section, a person must not disclose or be compelled to disclose thefollowing in a court proceeding or other legally binding process:
(a)any information or record provided by one party toanother, and any communication made by one party to another, in the course ofusing the online dispute resolution services or facilitated settlement servicesof the tribunal;
(b)any information obtained or record prepared by a partyspecifically for the purpose of resolving the dispute through disputeresolution 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 introducinginto evidence in any proceeding information or records produced in the courseof the dispute resolution services referred to in subsection (1) (a) that areotherwise producible or compellable in those proceedings.
Application of Freedom of Information and Protectionof Privacy Act
90   (1)The Freedom of Information and Protectionof Privacy Act,other than section 44 (1) (b), (2), (2.1) and (3) [powers ofcommissioner in conducting investigations, audits or inquiries], does notapply to any of the following:
(a)information and records in the custody or under thecontrol of the tribunal that were obtained or created in the course of
(i)receiving and dealing with requests for tribunalresolution under section 4 [asking the tribunal to resolve a claim],or
(ii)online dispute resolution services or facilitatedsettlement services of the tribunal;
(b)the collection of personal information about anindividual, without consent or from a source other than the individual, as partof the processes under sections 4 and 7;
(c)access from outside Canada by way of electroniccommunication 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] inproviding online dispute resolution services or facilitated settlementservices;
(e)a personal note, communication or draft decision of aperson referred to in section 87 (a) to (c) in relation to the resolution of adispute;
(f)information obtained, including evidence received, by thetribunal or a tribunal officer in a tribunal proceeding;
(g)an electronic recording of a tribunal hearing or atranscription of a tribunal hearing;
(h)an order of the tribunal, a final decision of thetribunal, formal written reasons for a final decision or a record of suchreasons, to which public access is provided by the tribunal.
(2)Subsection (1) does not apply to personal information, asdefined in the Freedom of Information and Protectionof Privacy Act,that has been in existence for 100 or more years or to other information thathas been in existence for 50 or more years.
Division 1.1 — Clustering
Tribunal may be clustered with other tribunals
90.1  Part 3 [Clustering] ofthe Administrative Tribunals Act applies to the tribunal.

 楼主| 发表于 5/9/2019 14:38:00 | 显示全部楼层
Division2 — Offences
General offence provision of Offence Act doesnot apply
91  Section 5 [generaloffence for contravening enactment] of the Offence Act does not apply to acontravention of this Act or regulations under this Act.
Offence for providing false or misleading information
92   (1)Aperson who provides false or misleading evidence or other information in atribunal 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 ifthe person establishes that, at the time the information was provided, theperson did not know that it was false or misleading and exercised reasonablecare and diligence in providing the information.
Division 3 — Regulations
Power to make regulations
93   (1)TheLieutenant Governor in Council may make regulations referred to in section 41of the Interpretation Act.
(2)Without limiting subsection (1), the Lieutenant Governorin Council may make regulations as follows:
(a)respecting any matter for which the tribunal may makerules, 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 amountawarded by the tribunal as a deposit and an amount for security for costs undersection 56.3 (2) [deposit for claims previously adjudicated bycivil resolution tribunal];
(d)establishing a monetary amount as the maximum tribunalsmall claim amount for the purposes of section 118 (1) [claimswithin jurisdiction of tribunal for tribunal small claims];
(e)establishing a monetary amount as the tribunal limitamount for the purposes of section 132 [definitions for Division —accident claims];
(f)prescribing fees that are to be paid under this Act forservices provided or anything done by the tribunal;
(g)respecting any other matter for which regulations arecontemplated by this Act.
(h) to (m)[Repealed 2018-17-30.]
(2.1)Section 60 (1) (a), (b) and (g) to (i) and (2) [powerto make regulations] of the Administrative Tribunals Act applies to the tribunal.
(3)Regulations of the Lieutenant Governor in Council underthis 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 differentclasses, 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
  
  
  
    
  
95-105
  
  
  
    
  
106-110
  
  
  
  
Strata  Property Amendment Act, 2009
  
Amendments to this Act
  
Section(s)
  
  
  
  
Affected  Act
  
  
111
  
  
  
    
Repealed
112  [Repealed 2018-17-31.]

 楼主| 发表于 5/9/2019 15:18:58 | 显示全部楼层
Part 10 —Tribunal Jurisdiction
Division 1 — General
Restricted authority of tribunal
113  The tribunal does nothave jurisdiction over any of the following:
(a)a constitutional question;
(b)a claim in a class of claims prescribed by regulation asbeing excluded from the jurisdiction of the tribunal.
Limited jurisdiction and discretion to decline jurisdictionto apply the Human Rights Code
114  For the purposes of thisAct, section 46.2 [limited jurisdiction and discretion to declinejurisdiction to apply the Human Rights Code] of the Administrative Tribunals Act applies to the tribunal.
Exclusive jurisdiction of tribunal — privative clause
115   (1)If,under section 1 (3), the tribunal has exclusive jurisdiction in respect of aclaim category, or a class of claims in a claim category, the tribunal hasexclusive jurisdiction to inquire into, hear and determine all those mattersand questions of fact, law and discretion arising under this Act or required tobe determined by the tribunal under this Act, and to make any order permittedby this Act to be made, in respect of the claim category or the class of claimsin the claim category.
(2)A decision of the tribunal made in a claim in respect ofwhich the tribunal has exclusive jurisdiction is final and binding on theparties, except the decision may be judicially reviewed in accordance withsection 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 specializedexpertise in respect of a claim category, or a class of claims in a claimcategory, the tribunal is to be considered to have specialized expertise toinquire into, hear and determine all those matters and questions of fact, lawand discretion arising under this Act or required to be determined by thetribunal under this Act, and to make any order permitted by this Act to bemade, in respect of the claim category or the class of claims in the claimcategory.
(2)A decision of the tribunal made in a claim in respect ofwhich the tribunal is to be considered to have specialized expertise is finaland binding on the parties, except the decision may be judicially reviewed inaccordance with section 56.7 (1) (b) [standard of review].
Division 2 — Referenced Claims
Jurisdiction provided for in another enactment
117  If another enactmentgives the tribunal jurisdiction in relation to a claim, the provisions of thisAct are subject to that enactment.
Division 3 — Tribunal Small Claims
Claims within jurisdiction of tribunal for tribunal small claims
118   (1)Exceptas otherwise provided in section 113 [restricted authority of tribunal] orin this Division, the tribunal has jurisdiction to resolve a claim for reliefin the nature of one or more of the following, if the amount of the claim isless than or equal to an amount, in respect of the Small Claims Act, prescribed by regulation as themaximum tribunal small claim amount:
(a)debt or damages;
(b)recovery of personal property;
(c)specific performance of an agreement relating to personalproperty or services;
(d)relief from opposing claims to personal property.
(2)An initiating party may adjust the initiating party'sclaim to fit within the maximum tribunal small claim amount prescribed undersubsection (1).
(3)The maximum tribunal small claim amount prescribed undersubsection (1) may not exceed the amount prescribed by the LieutenantGovernor in Council under section 3 [claims the Provincial Courtmay hear] of the Small Claims Act.
Claims beyond jurisdiction of tribunal for tribunal smallclaims
119  The tribunal does not havejurisdiction under this Division in a claim
(a)for libel, slander or malicious prosecution, or
(b)despite section 9 [government as party], foror against the government.
Division 4 — Strata Property Claims
Meaning of words and expressions in Division — strataproperty claims
120  In this Division, wordsand expressions have the same meaning as in the Strata Property Act or a regulation under that Act.
Claims within jurisdiction of tribunal for strata propertyclaims
121   (1)Exceptas otherwise provided in section 113 [restricted authority of tribunal] orin this Division, the tribunal has jurisdiction over a claim, in respect ofthe Strata Property Act, concerning one or more of thefollowing:
(a)the interpretation or application of the Strata Property Act or a regulation, bylaw or ruleunder that Act;
(b)the common property or common assets of a stratacorporation;
(c)the use or enjoyment of a strata lot;
(d)money owing, including money owing as a fine, underthe Strata Property Act or a regulation, bylaw or ruleunder 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% ormore of the votes, including proxies, at an annual or special general meeting.
(2)For the purposes of this Act, the tribunal is to beconsidered to have specialized expertise in respect of claims within thejurisdiction of the tribunal under this Division.
Claims beyond jurisdiction of tribunal for strata propertyclaims
122   (1)Thetribunal does not have jurisdiction in relation to a claim that may be dealtwith, 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 afterpurchase from owner developer];
(e)section 90 [removal of liens and other charges];
(f)section 117 [forced sale of owner's strata lot tocollect money owing];
(g)section 160 [court orders if strata corporationdecides not to repair or replace damaged property];
(h)section 173 (2) [court order when special levyresolution receives more than 1/2 but less than 3/4 of votes];
(i)section 174 [appointment of administrator forstrata corporation];
(j)section 208 [orders respecting requests fromleasehold landlords];
(k)section 209 [leasehold landlord's remedies onleasehold tenant's default];
(l)the following provisions of Part 13 [Phased StrataPlans]:
(i)section 226 (1) (c) and (d) [release of securityfor common facilities];
(ii)section 232 [amendment of declaration to extendtime for election];
(iii)section 233 [other amendments respecting PhasedStrata Plan Declaration];
(iv)section 235 [orders if owner developer elects notto proceed with next phase];
(v)section 236 [order to compel completion of aphase];
(m)section 246 [order for amendment of Schedule ofUnit Entitlement];
(n)the following provisions of Part 16 [Cancellation ofStrata Plan and Winding Up of Strata Corporation]:
(i)section 272 [vote to cancel strata plan];
(ii)section 273.1 [confirmation by court ofwinding-up resolution — without liquidator];
(iii)section 278.1 [confirmation by court ofwinding-up resolution — with liquidator];
(iv)section 279 [order vesting authority inliquidator];
(v)section 284 [application for court order to windup strata corporation].
(2)The tribunal does not have jurisdiction in relation to anyof the following:
(a)a claim to which Part 5 [Resolving Disputes] or5.1 [Administrative Penalties] of the Residential Tenancy Act or Part 6 [ResolvingDisputes] or 6.1 [Administrative Penalties] ofthe 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)Inresolving a strata property claim, the tribunal may make one or more of thefollowing orders:
(a)an order requiring a party to do something;
(b)an order requiring a party to refrain from doingsomething;
(c)an order requiring a party to pay money.
(2)In resolving a strata property claim described in section121 (1) (e) to (g), the tribunal may make an order directed atthe strata corporation, the council or a person who holds 50% or more of thevotes, if the order is necessary to prevent or remedy a significantly unfairaction, decision or exercise of voting rights.
(3)Despite subsections (1) and (2), the tribunal may not makethe following orders:
(a)an order requiring the sale or other disposition of astrata lot;
(b)an order in a class of orders prescribed by regulation.
Transition — appeal of certain strata property claims
123.1  Despite the repeal ofsection 56.5 [appeal to Supreme Court] of this Act, thatsection, as it read immediately before its repeal, continues to apply inrespect of a strata property claim with an initiating notice given beforeJanuary 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 section133 (1) (a), has the same meaning as in section 101 [definitionsand interpretation] of the Insurance (Vehicle) Act, or
(b)in respect of the benefits referred to in section133 (1) (a) of this Act, has the same meaning as insection 1.1 [definitions] of the Insurance (Vehicle) Act;
"benefits" has the same meaning as insection 1.1 of the Insurance (Vehicle) Act;
"minorinjury" hasthe same meaning as in section 101 of the Insurance (Vehicle) Act;
"tribunallimit amount" meansthe amount prescribed by regulation as the maximum amount that the tribunal mayaward in an accident claim in accordance with section 133 (1) (c) ofthis Act.
Claims within jurisdiction of tribunal for accident claims
133   (1)Exceptas otherwise provided in section 113 [restricted authority of tribunal] orin this Division, the tribunal has jurisdiction in a dispute, in respect of anaccident, over a claim concerning one or more of the following:
(a)the determination of entitlement to benefits paid orpayable under the Insurance (Vehicle) Act;
(b)the determination of whether an injury is a minor injuryfor the purposes of the Insurance (Vehicle) Act;
(c)liability and damages, if the amount, including loss ordamage to property related to the accident but excluding interest and anyexpenses 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 describedin subsection (1) (a) or (b) of this section, and
(b)is to be considered to have specialized expertise inrespect of claims described in subsection (1) (c) of this section.
(3)For certainty, a person may make a request for tribunalresolution in more than one tribunal proceeding relating to an accident.
Claims beyond jurisdiction of tribunal for accident claims
134   (1)Thetribunal does not have jurisdiction in relation to a claim that may be dealtwith, by a court, under any of the following provisions of the Insurance (Vehicle) Act:
(a)section 18 (2) [financial responsibility in otherprovinces];
(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 thefollowing:
(a)a claim relating to liability and damages claimed underthe 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 thatoccurred before April 1, 2019.
Matters relating to tribunal limit amount
135   (1)Itis presumed that the amount, including loss or damage to property related tothe accident but excluding interest and any expenses referred to in section49 [order for payment of expenses], that will be awarded for aminor injury in an accident claim described in section 133 (1) (c) isless than or equal to the tribunal limit amount unless a party establishes onthe basis of satisfactory evidence that there is a substantial likelihood thatthe damages will exceed the tribunal limit amount.
(2)If a case manager, during case management, or thetribunal, during a tribunal proceeding, determines that the damages in anaccident claim described in section 133 (1) (c) would likely exceedthe tribunal limit amount,
(a)subject to the rules, the case manager or the tribunalmay, on request of all parties to a dispute, provide to the parties anon-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 thetribunal, and
(ii)the parties may request a dismissal order in accordancewith section 22 [parties may request consent dismissal order], or
(b)a party may request that the claim be continued in theSupreme Court.
(3)For certainty, subsections (1) and (2) do not limit thetribunal's authority to refuse to resolve a claim that is not within thetribunal's jurisdiction.
(4)If a party brings or continues any proceeding in theSupreme Court in respect of liability and damages in relation to an accidentand the settlement or award is less than the tribunal limit amount, the costs,including disbursements, that may be ordered are limited to an amount thatwould have been permitted in the tribunal proceeding by order of payment ofexpenses under section 49 [order for payment of expenses].
Transition — claims in relation to accidents
136   (1)Section134 (2) (c) does not limit the tribunal's jurisdiction in relation to the Small Claims Act in respect of a claim thatinvolves an accident that occurred before April 1, 2019.
(2)If, before the coming into force of this section, thetribunal had jurisdiction in respect of a claim described in subsection (1),the claim is to continue before the tribunal as a tribunal small claim underDivision 3 [Tribunal Small Claims] of this Part.
Commencement
137  This Act comes into force byregulation of the Lieutenant Governor in Council.
Schedule

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