Interpretation Guidelines Manual British Columbia Employment Standards Act and Regulations

EMPLOYMENT STANDARDS ACT - PART 14 - GENERAL PROVISIONS

ESA Section 121 – Director cannot be required to give evidence in other proceedings 


Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains the very limited circumstances under which a director can be required to appear in court.


Text of Legislation

121. Except for a prosecution under this Act or an appeal to the Employment Standards Tribunal, the director or a delegate of the director must not be required by a court, board, tribunal or person to give evidence or produce records relating to information obtained for the purposes of this Act.


Policy Interpretation

The parties in subsequent proceedings or actions may seek information gathered during an investigation under this Act. The director is protected from having to disclose the information.

Where evidence gathered by the director is required during an appeal before the Employment Standards Tribunal, or for prosecution under this Act, the director can be compelled to produce the information or attend the hearing. 


Related Information

Related sections of the Act or Regulation

ESA
s.1, Definition, 'director'
s.109, Other powers of tribunal
s.117, Director’s power to delegate
s.125, Offences

Other references

Offence Act, [RSBC 1996] Chapter 338