Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 12 - EMPLOYMENT STANDARDS TRIBUNAL

ESA Section 103 – Application of Administrative Tribunals Act


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

The Employment Standards Tribunal provides an independent appeal of determinations made by the Director of Employment Standards.  This section explains which provisions of the Administrative Tribunals Act apply to the tribunal.


Text of Legislation

103.  The following provisions of the Administrative Tribunals Act apply to the tribunal:

(a) Part 1 [Interpretation and Application];

(b) Part 2 [Appointments];

(c) Part 3 [Clustering];

(d) Part 4 [Practice and Procedure], except the following:

(i) section 22 [notice of appeal (inclusive of prescribed fee)];

(ii) section 23 [notice of appeal (exclusive of prescribed fee)];

(iii) section 24 [time limit for appeals];

(iv) section 25 [appeal does not operate as stay];

(v) section 26 [organization of tribunal];

(vi) section 27 [staff of tribunal];

(vii) section 31 [summary dismissal];

(viii) section 34 (1) and (2) [party power to compel witnesses and require disclosure];

(ix) section 41 [hearings open to public];

(x) section 42 [discretion to receive evidence in confidence];

(e) section 45 [tribunal without jurisdiction over Canadian Charter of Rights and Freedoms issues];

(f) section 46 [notice to Attorney General if constitutional question raised in application];

(g) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];

(h) section 48 [maintenance of order at hearings];

(i) section 49 [contempt proceeding for uncooperative witness or other person];

(j) Part 7 [Decisions], except sections 50 (1) [money order set out as principal and interest] and 54 [enforcement of tribunal's final decision];

(k) Part 8 [Immunities];

(l) section 57 [time limit for judicial review];

(m) section 58 [standard of review with privative clause];

(n) section 59.1 [surveys];

(o) section 59.2 [reporting];

(p) section 60 (1) (a), (b) and (g) to (i) and (2) [power to make regulations];

(q) section 61 [application of Freedom of Information and Protection of Privacy Act].


Policy Interpretation

No policy interpretation.


Related Information

Related sections of the Act or Regulation

ESA

Other

Administrative Tribunals Act, [S.B.C. 2004] c. 45

See Employment Standards Tribunal website at www.bcest.bc.ca