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Appeal of Director's Determination - Act Part 13, Section 112

Last updated on August 1, 2026

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

Summary

This section details the grounds on which a person may appeal a director’s determination and the period within which an appeal must be made.

Text of Legislation

112. (1) Subject to this section, a person served with a determination may appeal the determination to the tribunal on one or more of the following grounds:

(a) the director erred in law;

(b) the director failed to observe the principles of natural justice in making the determination;

(c) evidence has become available that was not available at the time the determination was being made.

(2) A person who wishes to appeal a determination to the tribunal under subsection (1) must, within the appeal period established under subsection (3),

(a) deliver to the director the deposit amount specified in subsection (3.1), if applicable,

(a.1) deliver to the office of the tribunal

(i) a written request specifying the grounds on which the appeal is based under subsection (1),

(i.1) a copy of the director’s written reasons for the determination,

(ii) payment of the appeal fee, if any, prescribed by regulation, and

(iii) if a deposit is delivered to the director under paragraph (a), written confirmation from the director respecting delivery of the deposit, and

(b) deliver a copy of the request under paragraph (a.1) (i) to the director.

(3) The appeal period referred to in subsection (2) is the period that starts on the date the determination was served under section 122 and ends 30 days after that date.

(3.1) If the determination in respect of which a person wishes to make an appeal includes a requirement that the person pay an amount of money to one or more employees, the person must deliver to the director a deposit equal to

(a) the total amount that the person is required to pay under the determination, or

(b) a smaller amount that the tribunal considers adequate in the circumstances.

(4) If, after an appeal is made by a person in accordance with subsections (2) and (3), the determination that is the subject of the appeal is varied by the director under section 86, the person, within 7 days of being notified of the variation,

(a) may amend the request for appeal under subsection (2) (a.1) (i) and deliver it to the tribunal, and

(b) if the request for appeal is amended, must deliver a copy of the amended request to the director.

(5) On receiving a copy of the request under subsection (2) (b) or amended request under subsection (4) (b), the director must provide the tribunal with the record that was before the director at the time the determination, or variation of it, was made, including any witness statement and document considered by the director.

(5.1) The director is a party to an appeal under this section.

(6) The filing of a determination under section 91 does not prevent the determination being appealed.

(7) This section does not apply to a determination made under section 119.

Policy Interpretation

Subsection (1)

A person can appeal a determination by delivering a written request to the office of the Tribunal within the appeal period established in subsection (3) below. Where prescribed by regulation, the written request must include an appeal fee.

The Tribunal will only grant an appeal on one or more of the following grounds:

  • Error in law
  • Denial of the principles of natural justice
  • Evidence has become available that was not available at the time the determination was being made

The Tribunal is independent from the Employment Standards Branch. Further information about how the Tribunal decides appeals based on the grounds above can be found at www.bcest.bc.ca.

Subsection (2)

A person intending to appeal a determination must do the following within the time period in subsection (3) before filing the appeal:

  • If the person intending to appeal is required by the determination to pay money, they must deposit the amount they have been ordered to pay with the Director
    • They may deposit a lesser amount upon application to the Employment Standards Tribunal
  • A written request, in the form required by the Tribunal, must be delivered to the Tribunal's office
  • The request must specify the grounds on which the appeal is based under subsection (1)
  • The request must include a copy of the Director's written reasons for the determination
  • If prescribed by regulation, the request must include payment of an appeal fee
    • There is currently no appeal fee
  • If a deposit amount was required, the request must include written confirmation from the Director that the deposit was delivered
    • The person intending to appeal may contact the Director for this confirmation
  • A copy of the appeal request must be delivered to the Director

Subsection (3)

The appeal period is 30 days after the date of service, whether the person was served by registered mail, regular mail, electronic mail, fax machine, or by personal service.

Subsection (3.1)

If a person wishing to appeal a determination is required by that determination to pay an amount of money to one or more employees, they must deliver a deposit to the Director. This deposit will equal the total amount referred to in the determination. The person intending to appeal may apply to the Tribunal to request that a lesser amount be deposited with the Director. When deciding a sufficient amount, the Tribunal will consider various factors, which may include financial hardship to the applicant and possible prejudice to the affected employees.

This section helps ensure that employees owed wages are paid in a timely manner, and that efforts to collect wages are not frustrated by what may sometimes be a lengthy appeal process. The Director holds funds deposited in trust pending the outcome of the appeal process. 

Subsection (4)

If a determination is varied by the Director under section 86, after an appeal has been made by a person in accordance with this section, the person may:

  • amend the request for appeal under subsection 2(a)(i) and deliver it to the Tribunal; and
  • if the request for appeal is amended, deliver a copy of the amended request to the Director

within 7 days of being notified of the variation.

Subsection (5)

Where the Director receives a copy of a request to appeal a determination under subsection (2)(b) or where a request for an appeal is amended under subsection 4(b), the Director must provide the Tribunal with the information that was available to the Director at the time the determination under subsection (2), or variation of the determination under subsection (4), was made. This will include any witness statement and all documents that were considered by the Director.

Subsection (5.1)

The Director is responsible for the administration and enforcement of the Act. The Director is entitled to participate fully in any appeal before the Tribunal.

Subsection (6)

An appeal request can be made even if a determination has been filed in Supreme Court under s.91 of the Act. Where money is collected as a result of a judgment of the court, the Director will administer any funds in accordance with section 99. Interest on money received by the Director will be paid in accordance with the Employment Standards Regulation, section 27.

Subsection (7)

Where there are reciprocal provisions with another jurisdiction in or outside Canada for enforcement of an order, judgment or certificate with respect to outstanding wages from another jurisdiction, the Director may make a determination requiring payment of those wages and file the determination in a Supreme Court registry.

Where any person is served with a determination under this section, they may only appeal the determination to the Supreme Court in accordance with section 119.

Related Information

Employment Standards Tribunal Decisions

Britco Structures Ltd., BC EST #260/03
Bruce Davies et al, Directors or Officers of Merilus Technologies Inc., BC EST #171/03
Imperial Limousine Service Ltd., BC EST #014/05

Related sections of the Act or Regulation

ESA

ESR

Other

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