Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 11 - ENFORCEMENT

ESA Section 91 – Determination or order may be filed and enforced as judgment


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains the consequences to a person who fails to comply with a demand made under s.89. 


Text of Legislation

91. (1) The director may at any time file in a Supreme Court registry a determination, a settlement agreement or an order of the tribunal.

(2) Unless varied, cancelled or suspended under section 86, 113, 115, 116 or 119 a filed determination is enforceable in the same manner as a judgment of the Supreme Court in favour of the director for the recovery of a debt in the amount stated in the determination.

(3) Unless varied or cancelled by the tribunal under section 116, a filed order of the tribunal is enforceable in the same manner as a judgment of the Supreme Court in favour of the director for the recovery of a debt in the amount stated in the order.

(3.1) A settlement agreement filed under this section is enforceable in the same manner as a judgment of the Supreme Court in favour of the director for the recovery of a debt in the amount stated in the settlement agreement.

(4) If a determination or order filed under this section is varied, cancelled or suspended, the director must promptly withdraw the determination or order from filing in the Supreme Court registry.


Policy Interpretation

Subsection (1)

The director may enforce compliance with the Act by filing a determination of the director, a settlement agreement or an order of the Tribunal in a Supreme Court registry.

Where an arbitration board has referred a decision to the director for the purposes of collecting the wages under s.3(8) of the Act, the director may also enforce compliance in the same manner under ss.87 to 97 and s.99 of the Act, as though it were an order of the tribunal.

Subsection (2)

Once filed, the determination, settlement agreement or order becomes enforceable as a Supreme Court judgment.

Collection may include, but is not limited to execution of writs of seizure and sale, the registering of certificates of judgment against real property and the use of the collection procedures in the Court Order Enforcement Act.

If a determination or an order of the Tribunal is varied after it has been filed, the director must withdraw the determination or order of the Tribunal from filing without delay, however once varied the determination or order of the Tribunal may be filed again.

Court Order Enforcement Act

When a determination, settlement agreement or order is filed in the Supreme Court, the collection procedures of the Court Order Enforcement Act are also available to the director. For example, an examination in aid of execution can be conducted under the Rules of Court. A determination, settlement agreement or order can be enforced in a jurisdiction that the Province of B.C. has a reciprocal agreement with under the Court Order Enforcement Act. This is separate from an enforcement of a determination or settlement agreement under a reciprocal agreement under the Employment Standards Act (see s.119 of the Act)

Subsection (3.1)

When a settlement agreement is filed in Supreme Court, it is enforceable in the same manner as a judgment of the Supreme Court in favour of the director for the recovery of the debt in the amount stated in the settlement agreement.

Subsection (4)

If a determination of the director or order of the tribunal is filed in the Supreme Court and it is varied, cancelled, or suspended by the Tribunal under s.115 of the Act, it must be withdrawn promptly by the director. If the director varies a determination, the new, varied determination would be filed in court.

Once the determination, settlement agreement or tribunal order has been satisfied the director normally files an acknowledgement of payment form in the Supreme Court, releases all certificates of judgement filed in a Land Titles office and cancels all demands issued.


Related Information

Related sections of the Act or Regulation

ESA

Factsheet

Enforcement Measures and Penalties

Other

Court Order Enforcement Act