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
This section explains the very limited circumstances under which a director can be required to appear in court.
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.
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 sections of the Act or Regulation
Offence Act, [RSBC 1996] Chapter 338