The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 13th day of April, 2015
Craig James, Clerk of the House
HONOURABLE SUZANNE ANTON
MINISTER OF JUSTICE
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
Administrative Tribunals Act
1 The Administrative Tribunals Act, S.B.C. 2004, c. 45, is amended by adding the following heading before section 1:
Part 1 – Interpretation and Application .
2 Section 1 is amended
(a) by repealing the definition of "dispute resolution process" and substituting the following:
"facilitated settlement process" means a process established under section 28 [facilitated settlement]; , and
(b) in the definition of "tribunal" by striking out "under the tribunal's enabling Act".
3 The following section is added:
1.1 (1) The provisions of this Act do not operate, except as made applicable to a tribunal or other body by another enactment.
(2) If another enactment refers to a provision of that enactment or of a third enactment that incorporates a provision of this Act, the reference is deemed to include a reference to the incorporated provision of this Act.
(3) If another enactment incorporates section 1 [definitions] of this Act,
(a) the definitions in this Act apply to provisions of this Act incorporated by the other enactment, but
(b) unless a contrary intention appears in the other enactment, the definitions in this Act do not apply to a use of a term in the other enactment outside of the incorporated provisions.
(4) Subsection (1) does not apply to this section or to section 62 [application of Act to BC Review Board].
4 The following heading is added before section 2:
Part 2 – Appointments .
5 Section 2 is amended
(a) in subsection (1) by striking out "merit based" and substituting "merit-based", and
(b) in subsection (2) by adding ", after a merit-based process," after "may be reappointed by the appointing authority".
6 Section 3 is amended
(a) in subsection (1) by striking out "merit based" and substituting "merit-based", and
(b) in subsection (2) by adding ", after a merit-based process," after "may be reappointed by the appointing authority".
7 The following section is added:
7.1 An act of the tribunal is not invalid because of a defect that is afterwards discovered in the appointment of a chair, vice chair or member.
8 The following Part is added after section 10:
Part 3 – Clustering
10.1 (1) The Lieutenant Governor in Council may, by regulation, designate 2 or more tribunals as a cluster if, in the opinion of the Lieutenant Governor in Council, the matters that the tribunals deal with are such that they can operate more effectively and efficiently as part of a cluster than alone.
(2) The Lieutenant Governor in Council may, by regulation, do one or both of the following:
(a) remove a tribunal from a cluster;
(b) add a tribunal to a cluster.
(3) If a tribunal is in a cluster, this Part applies to the tribunal despite any other enactment.
10.2 (1) The Lieutenant Governor in Council may, after a merit-based process, appoint an executive chair to be responsible for the effective management and operation of all of the tribunals in a cluster.
(2) The executive chair has all the powers, duties and immunities of the chair of each tribunal in the cluster under an enactment.
(3) To the extent necessary to give effect to subsection (2), and subject to this Part, if a tribunal is in a cluster, any reference to the chair of the tribunal in an enactment is deemed to be a reference to the executive chair of the cluster.
(4) The executive chair holds office for an initial term of 3 to 5 years.
(5) The executive chair may be reappointed by the Lieutenant Governor in Council, after a merit-based process, for additional terms of up to 5 years.
(6) The executive chair must have all the qualifications required of a chair of any tribunal in the cluster under any enactment.
(7) The executive chair is a member of each of the tribunals in the cluster for which he or she is responsible.
10.3 (1) Subject to section 10.6 [transition], the appointing authority may, after a merit-based process, appoint a tribunal chair for a tribunal in the cluster under the direction of the executive chair of that cluster.
(2) The term of appointment of a tribunal chair is the same as the term of appointment of the chair of the tribunal under the tribunal's enabling Act.
(3) A tribunal chair may be reappointed, after a merit-based process, on the same basis as the chair of the tribunal under the tribunal's enabling Act.
(4) The executive chair may delegate to a tribunal chair a power or duty of the chair of the tribunal under an enactment, including a power under the enactment to delegate a power or duty to another person.
(5) The tribunal chair has all the immunities of the chair of the tribunal under an enactment.
(6) The appointing authority may appoint the executive chair of a cluster to also be the tribunal chair of a tribunal in the cluster.
(7) The tribunal chair is a member of the tribunal for which he or she is appointed.
10.4 (1) The Lieutenant Governor in Council may designate a member of a tribunal in a cluster, other than the executive chair of the cluster, as an alternate executive chair.
(2) If the executive chair of a cluster is absent or incapacitated, the alternate executive chair has all the powers and immunities and may perform all the duties of the executive chair.
10.5 An act of a tribunal is not invalid because of a defect that is afterwards discovered in the appointment of an executive chair or tribunal chair.
10.6 (1) On the designation of a tribunal as part of a cluster under section 10.1 (1) or (2) (b) [designating clusters], the individual appointed as chair under the tribunal's enabling Act is no longer appointed under the tribunal's enabling Act and is deemed to be appointed as tribunal chair under section 10.3 [tribunal chairs].
(2) The term of the deemed appointment as tribunal chair under subsection (1) ends on the date the individual's appointment under the tribunal's enabling Act would have ended if the tribunal had not been designated as part of a cluster.
(3) On a tribunal in a cluster ceasing to be in any cluster, the individual appointed as tribunal chair is deemed to be the chair under the tribunal's enabling Act for the remainder of the term of his or her appointment as tribunal chair.
(4) On an individual appointed as tribunal chair being appointed as executive chair of a cluster, the individual remains the tribunal chair until his or her appointment as tribunal chair expires or is terminated.
(5) This section applies despite any other provision in this Part.
9 The following heading is added before section 11:
Part 4 – Practice and Procedure .
10 Section 11 is amended
(a) in subsection (1) by striking out "Subject to this Act and the tribunal's enabling Act," and substituting "Subject to an enactment applicable to the tribunal,",
(b) by repealing subsection (2) (b) and substituting the following:
(b) respecting facilitated settlement processes; ,
(c) in subsection (2) by adding the following paragraphs:
(i.1) requiring an intervener to provide an address for service or delivery of notices, orders and other documents;
(j.1) providing that an intervener's address of record is to be treated as an address for service;
(v.1) respecting filing and service of a summons to a witness;
(x) requiring or allowing that a process be conducted electronically, with or without conditions. , and
(d) by adding the following subsection:
(5) Rules for the tribunal may be different for different classes of disputes, claims, issues and circumstances.
11 Section 12 (3) is repealed and the following substituted:
(3) Practice directives must be consistent with any enactment applying to the tribunal and any rule of practice or procedure made by the tribunal.
12 Section 13 (1) is repealed and the following substituted:
(1) The tribunal may issue practice directives.
(1.1) Practice directives must be consistent with any enactment applying to the tribunal and any rule of practice or procedure made by the tribunal.
13 Section 16 (1) is amended by striking out "its enabling Act." and substituting "the enactments governing the application."
14 Section 17 (2) is amended by striking out "its enabling Act." and substituting "the enactments governing the application."
15 Section 27 (2) is amended by striking out "under the tribunal's enabling Act".
16 Section 28 is repealed and the following substituted:
28 (1) The chair may appoint a member or staff of the tribunal or another person to conduct a facilitated settlement process to resolve one or more issues in dispute.
(2) The tribunal may require 2 or more parties to participate in the facilitated settlement process, in accordance with the rules of the tribunal.
(3) The tribunal may make the consent of one, all or none of the parties to the application a condition of a facilitated settlement process, in accordance with the rules of the tribunal.
17 Section 29 (1) (a) and (b) is amended by striking out "dispute resolution" and substituting "facilitated settlement".
18 Section 40 (5) is repealed.
19 The following heading is added before section 43:
Part 5 – Jurisdiction over Legal Questions .
20 The following heading is added before section 47:
Part 6 – Costs and Sanctions .
21 Section 47 (1) is amended
(a) in paragraphs (a) and (b) by striking out "part of the costs" and substituting "all or part of the costs", and
(b) in paragraph (c) by striking out "part of the actual costs" and substituting "all or part of the actual costs".
22 The following sections are added:
47.1 (1) The tribunal may require an applicant or intervener to deposit with it an amount of money it considers sufficient to cover all or part of either or both of the following:
(a) the anticipated costs of the other parties or interveners;
(b) the anticipated actual costs and expenses of the tribunal in connection with the application.
(2) An order under section 47 [power to award costs] may include directions respecting the disposition of money deposited under subsection (1).
47.2 (1) If a party is an agent or representative of the government,
(a) an order under section 47 (1) (a) and (b) [power to award costs] may not be made against the party,
(b) an order under section 47 (1) (c) [power to award costs] may not be made against the party, and
(c) an order under section 47 (1) (a) may be made for or against the government.
(2) An order under section 47 (1) (c) may not be made against the government.
(3) Costs payable by the government under section 47 [power to award costs] or under subsection (1) (c) of this section must be paid out of the consolidated revenue fund.
23 The following heading is added before section 50:
Part 7 – Decisions .
24 The following heading is added before section 55:
Part 8 – Immunities .
25 Section 55 (1) is amended by striking out "dispute resolution" and substituting "facilitated settlement" and by striking out "duties under the tribunal's enabling Act or this Act" and substituting "the member's or person's duties".
26 Section 56 is amended
(a) in subsection (1) by striking out "dispute resolution" and substituting "facilitated settlement", and
(b) in subsection (2) (a) and (b) by striking out "under this Act or the tribunal's enabling Act" and substituting "under an enactment governing an application".
27 The following heading is added before section 57:
Part 9 – Accountability and Judicial Review .
28 Section 58 (1) is amended by striking out "If the tribunal's enabling Act contains a privative clause," and substituting "If the Act under which the application arises contains or incorporates a privative clause,".
29 The following sections are added to Part 9:
59.1 For the purposes of evaluating and improving its services, the tribunal may conduct surveys in the course of or after providing those services.
59.2 At the times, and in the form and manner, prescribed by regulation, the tribunal must submit the following to the minister responsible for the tribunal:
(a) a review of the tribunal's operations during the preceding period;
(b) performance indicators for the preceding period;
(c) details on the nature and number of applications and other matters received or commenced by the tribunal during the preceding period;
(d) details of the time from filing or commencement to decision of the applications and other matters disposed of by the tribunal in the preceding period;
(e) results of any surveys carried out by or on behalf of the tribunal during the preceding period;
(f) a forecast of workload for the succeeding period;
(g) trends or special problems foreseen by the tribunal;
(h) plans for improving the tribunal's operations in the future;
(i) other information as prescribed by regulation.
30 The following heading is added before section 60:
Part 10 – Miscellaneous .
31 Section 60 is amended
(a) by renumbering the section as section 60 (1),
(b) in subsection (1) (c) by striking out "the filing of different types of applications, including preliminary and interim applications;" and substituting "services provided, or anything done, by the tribunal, employees of the tribunal or other persons;",
(c) in subsection (1) by adding the following paragraphs:
(e.1) establishing restrictions on the authority of a tribunal under sections 47.1 [security for costs] and 47.2 [government and agents of government], including, without limiting this,
(i) prescribing limits, rates and tariffs relating to amounts that may be required to be paid or deposited, and
(ii) prescribing what are to be considered costs to the government in relation to an application and how those are to be determined;
(g) prescribing the form, manner and timing of reports to the minister responsible for the tribunal;
(h) prescribing information that must be included in reports to the minister responsible for the tribunal;
(i) prescribing information the tribunal must make public; , and
(d) by adding the following subsection:
(2) The Lieutenant Governor in Council may make different regulations under subsection (1) for different tribunals.
32 Section 61 (1) and (2) (b) is amended by striking out "dispute resolution" and substituting "facilitated settlement".
33 Section 62 is repealed and the following substituted:
62 The following provisions of the Act apply to the review board established or designated under section 672.38 of the Criminal Code:
(a) Part 1 [Interpretation and Application];
(b) Part 2 [Appointments], except sections 6 [member's temporary appointment] and 7 [powers after resignation or expiry of term];
(c) section 59.1 [surveys];
(d) section 59.2 [reporting];
(e) this Part, except section 60 (1) (a) to (f) [power to make regulations].
Agricultural Land Commission Act
34 Section 5 (2) and (3) of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, is amended by striking out "merit based process" and substituting "merit-based process".
35 Section 5.1 is repealed and the following substituted:
5.1 The following provisions of the Administrative Tribunals Act apply to the commission:
(a) Part 1 [Interpretation and Application];
(b) Part 2 [Appointments], except section 3 (1) [member's initial term];
(c) Part 3 [Clustering];
(d) section 26 (6) [decision of majority decision of panel];
(e) section 44 [tribunal without jurisdiction over constitutional questions];
(f) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(g) Part 8 [Immunities];
(h) section 59.1 [surveys];
(i) section 59.2 [reporting];
(j) section 60 (1) (g) to (i) and (2) [power to make regulations].
36 Section 55 (5) is repealed.
37 The following section is added:
55.01 For the purposes of an appeal under section 55, the following provisions of the Administrative Tribunals Act apply to the commission:
(a) Part 4 [Practice and Procedure], except the following:
(i) section 16 [consent orders];
(ii) section 22 [notice of appeal (inclusive of prescribed fee)];
(iii) section 26 (1) to (5) and (7) to (9) [organization of tribunal, except decision of majority is decision of panel];
(iv) section 27 [staff of tribunal];
(v) section 28 [facilitated settlement];
(vi) section 29 [disclosure protection];
(vii) section 30 [tribunal duties];
(viii) section 31 (1) (f) [summary dismissal if no reasonable prospect application will succeed];
(ix) section 34 [power to compel witnesses and order disclosure];
(x) section 38 [examination of witnesses];
(xi) section 41 [hearings open to public];
(xii) section 42 [discretion to receive evidence in confidence];
(b) section 48 [maintenance of order at hearings];
(c) Part 7 [Decisions];
(d) section 57 [time limit for judicial review];
(e) section 58 [standard of review with privative clause];
(f) section 60 (1) (a) and (b) and (2) [power to make regulations];
(g) section 61 [application of Freedom of Information and Protection of Privacy Act].
38 Section 55.2 is repealed.
Arbitration Act
39 Section 16 (3) of the Arbitration Act, R.S.B.C. 1996, c. 55, is repealed and the following substituted:
(3) In considering whether to revoke the authority of an arbitrator, the court must consider whether
(a) the arbitration agreement was freely made,
(b) the matters in dispute are factually or legally complex,
(c) the intended arbitrator is qualified to settle the factual or legal matters in dispute,
(d) the intended arbitrator is potentially biased, and
(e) fraud is alleged by a party to the court proceeding.
Assessment Act
40 Sections 31 (2) and (3) and 43 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, are amended by striking out "merit based process" and substituting "merit-based process".
41 Section 43 (3) is repealed.
42 The following section is added:
43.1 The following provisions of the Administrative Tribunals Act apply to the property assessment appeal board:
(a) Part 1 [Interpretation and Application];
(a.1) Part 2 [Appointments];
(b) Part 3 [Clustering];
(b.1) section 11 [general power to make rules respecting practice and procedure];
(c) section 13 [practice directives tribunal may make];
(c.1) section 14 [general power to make orders];
(d) section 15 [interim orders];
(d.1) section 16 [consent orders];
(e) section 17 (2) [order of tribunal may include terms of settlement];
(e.1) section 18 [failure of party to comply with tribunal orders and rules];
(f) section 19 [service of notice or documents];
(f.1) section 20 [when failure to serve does not invalidate proceeding];
(g) section 28 [facilitated settlement];
(g.1) section 29 [disclosure protection];
(h) section 31 (1) (a), (b) and (e) [summary dismissal];
(i) section 32 [representation of parties to an application];
(j) section 33 [interveners];
(k) section 34 (3) and (4) [tribunal may compel witnesses and order disclosure];
(l) section 35 [recording tribunal proceedings];
(m) section 37 [applications involving similar questions];
(n) section 38 [examination of witnesses];
(o) section 39 [adjournments];
(p) section 40 [information admissible in tribunal proceedings];
(q) section 44 [tribunal without jurisdiction over constitutional questions];
(r) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(s) section 48 [maintenance of order at hearings];
(t) section 49 [contempt proceeding for uncooperative witness or other person];
(u) Part 7 [Decisions], except sections 50 (1) and 52 [notice of decision];
(v) Part 8 [Immunities];
(w) section 59.1 [surveys];
(x) section 59.2 [reporting];
(y) section 60 (1) (a), (b) and (g) to (i) and (2) [power to make regulations];
(z) section 61 [application of Freedom of Information and Protection of Privacy Act].
Building Act
43 Section 19 (3) of the Building Act is repealed and the following substituted:
(3) The following provisions of the Administrative Tribunals Act apply to the appeal board:
(a) Part 1 [Interpretation and Application];
(b) Part 2 [Appointments], except section 9 [responsibilities of the chair];
(c) Part 3 [Clustering];
(d) section 11 [general power to make rules respecting practice and procedure];
(e) section 13 [practice directives tribunal may make];
(f) section 18 [failure of party to comply with tribunal orders and rules];
(g) section 26 [organization of tribunal];
(h) section 27 [staff of tribunal];
(i) section 28 [facilitated settlement];
(j) section 29 [disclosure protection];
(k) section 32 [representation of parties to an application];
(l) section 36 [form of hearing of application];
(m) section 39 [adjournments];
(n) section 44 [tribunal without jurisdiction over constitutional questions];
(o) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(p) section 51 [final decision];
(q) section 56 [immunity protection for tribunal and members];
(r) section 58 [standard of review with privative clause];
(s) section 59.1 [surveys];
(t) section 59.2 [reporting];
(u) section 60 (1) (g) to (i) and (2) [power to make regulations].
44 Section 19 (3) (b), as enacted by section 43 of this Act, is amended by striking out ", except section 9 [responsibilities of the chair]".
45 Section 30 (4) and (5) is repealed and the following substituted:
(4) Subject to this Act, the following provisions of the Safety Standards Act apply to an appeal under this Part:
(a) Part 8 [Safety Standards Appeal Board];
(b) Division 2 [Appeals to the Safety Standards Appeal Board] of Part 9, except the following:
(i) section 51 [right to appeal];
(ii) section 52 (1) [board must consider public safety];
(iii) section 54 [appeal does not operate as stay];
(iv) section 62 [enforcement of appeal board orders].
(5) Despite subsection (4), the following provisions of the Administrative Tribunals Act incorporated under section 44 [application of Administrative Tribunals Act] of the Safety Standards Act do not apply to an appeal under this Part:
(a) section 26 [organization of tribunal];
(b) section 27 [staff of tribunal];
(c) section 30 [tribunal duties];
(d) section 33 [interveners];
(e) section 47 (1) (a) and (b) [costs payable to party or intervener];
(f) section 48 [maintenance of order at hearings];
(g) section 49 [contempt proceeding for uncooperative witness or other person].
Civil Resolution Tribunal Act
46 Section 68 (4) of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, is amended by adding ", after a merit-based process," after "may reappoint a tribunal member appointed under this section".
47 The following section is added:
73.1 An act of the tribunal is not invalid because of a defect that is afterwards discovered in the appointment of a chair, vice chair or member.
48 The following Division is added after section 90:
Division 1.1 – Clustering
90.1 Part 3 [Clustering] of the Administrative Tribunals Act applies to the tribunal.
49 Section 93 is amended by adding the following subsection:
(2.1) Section 60 (1) (a), (b) and (g) to (i) and (2) [power to make regulations] of the Administrative Tribunals Act applies to the tribunal.
Community Care and Assisted Living Act
50 Section 29 of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is amended
(a) in subsection (1) by striking out "merit based process" and substituting "merit-based process", and
(b) by repealing subsection (1.2).
51 The following section is added:
29.1 The following provisions of the Administrative Tribunals Act apply to the board:
(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 21 [notice of hearing by publication];
(ii) section 23 [notice of appeal (exclusive of prescribed fee)];
(e) section 44 [tribunal without jurisdiction over constitutional questions];
(f) section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code];
(g) section 47 (1) (c) and (2) [power to award costs of tribunal];
(h) section 48 [maintenance of order at hearings];
(i) section 49 [contempt proceeding for uncooperative witness or other person];
(j) Part 7 [Decisions];
(k) section 55 [compulsion protection];
(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) Part 10 [Miscellaneous], except section 62 [application of Act to BC Review Board].
Community Safety Act
52 Section 42 of the Community Safety Act, S.B.C. 2013, c. 16, is repealed and the following substituted:
42 Section 55 is amended by adding the following subsection:
(1.1) The director may not make a decision or an order under this Act that has the effect of altering a provision of a community safety order.
53 Section 51 is repealed and the following substituted:
51 Section 62 is amended by adding the following subsection:
(1.1) The director may not make a decision or an order under this Act that has the effect of altering a provision of a community safety order.
Employment and Assistance Act
54 Section 19 (2) of the Employment and Assistance Act, S.B.C. 2002, c. 40, is amended by striking out "merit based process" and substituting "merit-based process".
55 Section 19.1 is repealed and the following substituted:
19.1 The following provisions of the Administrative Tribunals Act apply to the tribunal:
(a) Part 1 [Interpretation and Application];
(b) Part 2 [Appointments], except sections 7 (3) [remuneration and benefits after expiry of term] and 10 [remuneration and benefits for members];
(c) Part 3 [Clustering];
(d) section 30 [tribunal duties];
(e) section 44 [tribunal without jurisdiction over constitutional questions];
(f) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(g) Part 8 [Immunities];
(h) section 58 [standard of review with privative clause];
(i) section 59.1 [surveys];
(j) section 59.2 [reporting];
(k) section 60 (1) (g) to (i) and (2) [power to make regulations];
(l) section 61 [application of Freedom of Information and Protection of Privacy Act].
Employment Standards Act
56 Section 103 of the Employment Standards Act, R.S.B.C. 1996, c. 113, is repealed and the following substituted:
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].
57 Section 109 (1) (b) is amended by striking out "requesting an appeal" and substituting "requesting an appeal or applying for reconsideration".
58 Section 112 is amended by adding the following subsection:
(5.1) The director is a party to an appeal under this section.
59 Section 116 is amended
(a) by repealing subsection (2) and substituting the following:
(2) The director or a person served with an order or a decision of the tribunal may make an application under this section.
(2.1) The application may not be made more than 30 days after the date of the order or decision.
(2.2) The tribunal may not reconsider an order or decision on the tribunal's own motion more than 30 days after the date of the decision or order. , and
(b) by adding the following subsection:
(4) The director and a person served with an order or a decision of the tribunal are parties to a reconsideration of the order or decision.
Environmental Management Act
60 Section 93 of the Environmental Management Act, S.B.C. 2003, c. 53, is amended
(a) in subsection (3) by striking out "merit based process" and substituting "merit-based process", and
(b) by repealing subsections (4) and (7) to (11).
61 The following section is added:
93.1 (1) Subject to subsection (2), for the purposes of an appeal, the following provisions of the Administrative Tribunals Act apply to the appeal board:
(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 23 [notice of appeal (exclusive of prescribed fee)];
(ii) section 24 [time limit for appeals];
(iii) section 33 [interveners];
(iv) section 34 (1) and (2) [party power to compel witnesses and require disclosure];
(e) Part 6 [Costs and Sanctions];
(f) Part 7 [Decisions];
(g) Part 8 [Immunities];
(h) section 57 [time limit for judicial review];
(i) section 59.1 [surveys];
(j) section 59.2 [reporting];
(k) section 60 [power to make regulations].
(2) A reference to an intervener in a provision of the Administrative Tribunals Act made applicable to the appeal board under subsection (1) must be read as a reference to a person or body to which both of the following apply:
(a) the appeal board has given the person or body the right to appear before it;
(b) the person or body does not have full party status.
62 Sections 94 (2) and (3) and 95 are repealed.
63 Section 102 (1) is repealed and the following substituted:
(1) Division 1 [Environmental Appeal Board] of this Part applies to an appeal under this Division.
64 Section 104 and Division 3 of Part 8 are repealed.
65 Section 133 is amended by adding the following subsection:
(4) This section does not apply to notices or documents of the appeal board.
Farm Practices Protection (Right to Farm) Act
66 Section 5 of the Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131, is repealed and the following substituted:
5 After receipt of an application that meets the requirements of section 3, the chair of the board, if satisfied that any consultations under section 4 have been terminated without achieving a settlement of the complaint, or that settlement is unlikely, must establish a panel of the board to hear the complaint.
67 Sections 6 (3) to (5), 6.1, 7, 10 and 11 (5) are repealed.
68 Section 8 (1) is amended by striking out ", in accordance with section 6 (5),".
69 The following section is added:
11.1 (1) For the purposes of exercising its powers and performing duties under this Act, the following provisions of the Administrative Tribunals Act apply to the board in addition to those incorporated under section 3.1 [application of Administrative Tribunals Act to the board] of the Natural Products Marketing (BC) Act:
(a) Part 4 [Practice and Procedure], except the following:
(i) section 21 [notice of hearing by publication];
(ii) section 22 [notice of appeal (inclusive of prescribed fee)];
(iii) section 23 [notice of appeal (exclusive of prescribed fee)];
(iv) section 24 [time limit for appeals];
(v) section 25 [appeal does not operate as stay];
(vi) section 31 (1) (b) [summary dismissal for not filing within time limit];
(vii) section 34 (1) and (2) [party power to compel witnesses and require disclosure];
(b) section 47 [power to award costs];
(c) section 49 [contempt proceedings for uncooperative witness or other person];
(d) Part 7 [Decisions], except section 50 (1) [money order set out as principal and interest];
(e) section 56 [immunity protection for tribunal and members];
(f) section 60 (1) (a) to (i) and (2) [power to make regulations].
(2) Despite section 3.1 of the Natural Products Marketing (BC) Act, the following sections of the Administrative Tribunals Act do not apply to the board in relation to this Act:
(a) section 57 [time limit for judicial review];
(b) section 58 [standard of review with privative clause].
70 Section 12 (2) is amended
(a) by repealing paragraphs (a) and (e), and
(b) in paragraph (d) by striking out "for the purposes of section 10 (3),".
Financial Institutions Act
71 Section 202 (1) (a) and (c) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended by striking out "merit based process" and substituting "merit-based process".
72 Section 202.1 is repealed and the following substituted:
202.1 The following provisions of the Administrative Tribunals Act apply to the commission:
(a) Part 1 [Interpretation and Application];
(b) Part 2 [Appointments], except sections 4 [appointment of acting chair] and 9 [responsibilities of the chair];
(c) section 55 [compulsion protection];
(d) section 59.1 [surveys];
(e) section 59.2 [reporting];
(f) section 60 (1) (g) to (i) and (2) [power to make regulations];
(g) section 61 [application of Freedom of Information and Protection of Privacy Act].
73 Section 242.1 is amended
(a) in subsection (1) (a) and (b) by striking out "merit based process" and substituting "merit-based process",
(b) by repealing subsection (4), and
(c) by repealing subsection (7) and substituting the following:
(7) The following provisions of the Administrative Tribunals Act apply to the tribunal or to appeals conducted by 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 17 [withdrawal or settlement of application];
(ii) section 21 [notice of hearing by publication];
(iii) section 23 [notice of appeal (exclusive of prescribed fee)];
(iv) section 25 [appeal does not operate as stay];
(v) section 26 [organization of tribunal];
(vi) section 27 [staff of tribunal];
(vii) section 28 [facilitated settlement];
(viii) section 29 [disclosure protection];
(ix) section 30 [tribunal duties];
(x) section 33 [interveners];
(xi) section 34 [power to compel witnesses and order disclosure];
(xii) section 36 [form of hearing of application];
(e) section 44 [tribunal without jurisdiction over constitutional questions];
(f) section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code];
(g) Part 6 [Costs and Sanctions], except sections 47.1 [security for costs] and 47.2 [government and agents of government];
(h) Part 7 [Decisions];
(i) Part 8 [Immunities];
(j) section 57 [time limit for judicial review];
(k) section 58 [standard of review with privative clause];
(l) section 59.1 [surveys];
(m) section 59.2 [reporting];
(n) Part 10 [Miscellaneous], except section 62 [application of Act to BC Review Board].
Forest Act
74 Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by repealing the definition of ""Forest Appeals Commission" or "commission"" and substituting the following:
"commission" has the same meaning as "Forest Appeals Commission";
"Forest Appeals Commission" means the Forest Appeals Commission continued under section 140.1 of the Forest and Range Practices Act; .
75 The following section is added to Division 4 of Part 11.1:
142.921 Part 12 does not apply to an appeal under this Division.
76 Section 146 (5) is repealed and the following substituted:
(5) This Division does not apply to an appeal under the Forest and Range Practices Act in respect of a contravention of this Act or the regulations under this Act.
77 The following section is added:
146.1 Part 8.1 of the Forest and Range Practices Act applies to an appeal referred to in section 146 (1) or (2) of this Act.
78 Section 147 is repealed and the following substituted:
147 (1) If a determination, order or decision referred to in section 146 (1) or (2) is made, the determination, order or decision may be appealed by the person
(a) in respect of whom it is made, or
(b) in respect of whose agreement it is made.
(2) Only the appellant and the government are parties to the appeal.
79 Sections 148 to 148.6, 149 (4) and (5), 149.1 and 150 are repealed.
80 The following Division is added to Part 12:
Division 2.1 – Appeals of Contraventions
150.1 Division 4 of Part 6 of the Forest and Range Practices Act applies to a correction, review or appeal under the Forest and Range Practices Act in respect of a contravention of this Act or the regulations under this Act.
81 Section 151 (2) is amended
(a) in paragraph (q) by striking out "and appeals",
(b) in paragraph (r) by striking out "and the content of notices of appeal under section 147",
(c) in paragraph (s) by striking out "or appeal" and "or notice of appeal",
(d) by repealing paragraph (t) and substituting the following:
(t) the costs of reviews and the apportionment of those costs between the government and the person requesting the review; ,
(e) by repealing paragraph (u),
(f) in paragraph (v) by striking out "and appeals", and
(g) by repealing paragraphs (w) and (x).
82 Section 167.3 is amended
(a) in subsection (1) by striking out "Divisions 1 to 4 of Part 6" and substituting "Divisions 1 to 3 of Part 6", and
(b) by repealing subsection (2).
Forest and Range Practices Act
83 Section 1 (1) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended by repealing the definition of "commission" and substituting the following:
"commission" means the Forest Appeals Commission continued under section 140.1; .
84 Section 82 (2) is repealed and the following substituted:
(2) The board, if it so requests, has standing to be a party to an appeal under this section.
85 Sections 83 (3) and 84 (3) and (4) are repealed.
86 The following section is added:
83.1 In addition to the provisions of the Administrative Tribunals Act incorporated under Part 8.1 of this Act, section 33 of that Act applies to appeals under sections 82 and 83 of this Act.
87 Section 110 (1) is amended by striking out "the government, board or commission" and substituting "the government or board".
88 The following Part is added:
Part 8.1 – Forest Appeals Commission
140.1 (1) The Forest Appeals Commission is continued.
(2) The commission is to hear appeals under
(a) section 82 or 83, or
(b) the Forest Act, the Private Managed Forest Land Act, the Range Act or the Wildfire Act and, in relation to appeals under those Acts, the commission has the powers given to it by those Acts.
(3) The commission consists of the following members appointed by the Lieutenant Governor in Council after a merit-based process:
(a) a member designated as the chair;
(b) one or more members designated as vice chairs after consultation with the chair;
(c) other members appointed after consultation with the chair.
140.2 The following provisions of the Administrative Tribunals Act apply to the commission:
(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 25 [appeal does not operate as stay];
(iii) section 33 [interveners];
(iv) section 34 (1) and (2) [party power to compel witnesses and require disclosure];
(e) Part 6 [Costs and Sanctions], except sections 47.1 [security for costs] and 47.2 [government and agents of government];
(f) Part 7 [Decisions];
(g) Part 8 [Immunities];
(h) section 59.1 [surveys];
(i) section 59.2 [reporting];
(j) Part 10 [Miscellaneous], except section 62 [application of Act to BC Review Board].
140.3 (1) In accordance with the regulations, the commission must
(a) hear appeals under this Act, the Forest Act, the Private Managed Forest Land Act, the Range Act or the Wildfire Act,
(b) provide the minister with an annual evaluation of the manner in which reviews and appeals under this Act, the Forest Act, the Private Managed Forest Land Act, the Range Act and the Wildfire Act are functioning and identify problems that may have arisen under the provisions of those Acts,
(c) make recommendations to the minister annually, and at other times it considers appropriate, concerning the need for amendments to this Act, the Forest Act, the Private Managed Forest Land Act, the Range Act and the Wildfire Act and related regulations respecting reviews and appeals, and
(d) perform other functions required by the regulations.
(2) The chair must give to the minister an annual report concerning the commission's activities.
(3) The minister must promptly lay the report before the Legislative Assembly if it is in session or, if it is not in session when the report is submitted, file the report with the Clerk of the Legislative Assembly.
140.4 (1) If the board may appeal a decision, order or determination, the board must do so no later than 60 days after the latest of the following to occur:
(a) the original decision, order or determination;
(b) any correction of the original decision, order or determination;
(c) any review of the original decision, order or determination.
(2) The board may apply for an order under section 84 (2) no later than 60 days after the period prescribed for section 83 (2) (b) has elapsed.
140.5 (1) In this section, "minister" means the minister responsible for the administration of the section of the Act under which the decision, order or determination giving rise to an appeal was made.
(2) On receipt of a notice of appeal, the commission must give a copy of the notice of appeal to the minister.
(3) On receipt of a notice of appeal in which the board has standing, the commission must give a copy of the notice,
(a) if a person other than the board delivered the notice, to the board, or
(b) if the board delivered the notice,
(i) to the person who is the subject of the determination, or
(ii) for an appeal of a failure to make a determination, to the person who would be subject to the determination, if made.
(4) The following are parties to an appeal:
(a) the government;
(b) the board, if it has standing and so requests;
(c) the person who is the subject of the determination or would be the subject of the determination, if made.
(5) At any stage of an appeal, the commission or a member of it may direct that a person who may be affected by the appeal be added as a party to the appeal.
140.6 The commission may conduct an appeal by way of a new hearing.
140.7 (1) A party to an appeal, or the minister, may appeal the decision of the commission to the Supreme Court on a question of law or jurisdiction.
(2) An appeal under subsection (1) must be filed no later than 3 weeks after the date the person filing the appeal receives the decision of the commission.
(3) On an appeal under subsection (1), a judge of the Supreme Court, on terms the judge considers appropriate, may order that all or part of the decision or order of the commission be stayed.
(4) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.
89 Section 166 is amended
(a) by renumbering the section as section 166 (1), and
(b) by adding the following subsection:
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing the period that must elapse after the facts relevant to a determination first come to the knowledge of an official or a minister before the board may apply to the commission for an order under section 83;
(b) prescribing the period in which the commission must deliver a decision after holding a hearing;
(c) prescribing the form and content of annual reports made by the commission.
Forest Practices Code of British Columbia Act
90 Section 1 of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is repealed.
91 Sections 131, 132 to 137 and 139 to 141 and Part 9 are repealed.
92 Section 200 is amended by striking out ", the commission".
93 Section 220 is repealed.
Greenhouse Gas Industrial Reporting and Control Act
94 Section 52 (1) of the Greenhouse Gas Industrial Reporting and Control Act, S.B.C. 2014, c. 29, is repealed, and the following substituted:
(1) The Lieutenant Governor in Council may make regulations respecting appeals under Part 5 [Appeals to Environmental Appeal Board], including, without limitation, prescribing decisions or classes of decisions as being appealable under that Part.
Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act
95 Section 28 (1) of the Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, S.B.C. 2008, c. 16, is repealed and the following substituted:
(1) The Lieutenant Governor in Council may make regulations respecting appeals under Part 5 [Appeals to Environmental Appeal Board], including, without limitation, prescribing decisions or classes of decisions as being appealable under that Part.
Greenhouse Gas Reduction (Vehicle Emission Standards) Act
96 Section 29 (1) of the Greenhouse Gas Reduction (Vehicle Emission Standards) Act, S.B.C. 2008, c. 21, is repealed and the following substituted:
(1) The Lieutenant Governor in Council may make regulations respecting appeals under Part 5 [Appeals to Environmental Appeal Board], including, without limitation, prescribing decisions or classes of decisions as being appealable under that Part.
Health Professions Act
97 Section 50.52 of the Health Professions Act, R.S.B.C. 1996, c. 183, is repealed and the following substituted:
50.52 The following provisions of the Administrative Tribunals Act apply to the review board:
(a) Part 1 [Interpretation and Application];
(b) Part 2 [Appointments];
(c) Part 3 [Clustering];
(d) section 26 [organization of tribunal];
(e) section 27 [staff of tribunal];
(f) section 28 [facilitated settlement];
(g) section 29 [disclosure protection];
(h) section 30 [tribunal duties];
(i) Part 8 [Immunities];
(j) section 59.1 [surveys];
(k) section 59.2 [reporting];
(l) section 60 (1) (g) to (i) and (2) [power to make regulations].
98 The Schedule is amended in Column 1 by striking out "Section 60" and substituting "Section 60 (1) (b) to (f) and (2)".
Homeowner Protection Act
99 Section 29.4 (7) and (8) of the Homeowner Protection Act, S.B.C. 1998, c. 31, is repealed and the following substituted:
(7) Subject to this Act, Part 8 and Division 2 of Part 9 of the Safety Standards Act apply to an appeal under this Part.
(8) Despite subsection (7), the following provisions of the Administrative Tribunals Act incorporated under section 44 of the Safety Standards Act do not apply to an appeal under this Part:
(a) section 26 [organization of tribunal];
(b) section 27 [staff of tribunal];
(c) section 30 [tribunal duties].
Hospital Act
100 Section 46 of the Hospital Act, R.S.B.C. 1996, c. 200, is amended
(a) in subsection (4.1) (a) to (e) by striking out "merit based process" and substituting "merit-based process", and
(b) by repealing subsection (4.2) and substituting the following:
(4.2) The following provisions of the Administrative Tribunals Act apply to the Hospital Appeal Board:
(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 21 [notice of hearing by publication];
(ii) section 22 [notice of appeal (inclusive of prescribed fee)];
(iii) section 23 [notice of appeal (exclusive of prescribed fee)];
(iv) section 24 [time limit for appeals];
(v) section 36 [form of hearing of application];
(vi) section 40 [information admissible in tribunal proceedings];
(vii) section 41 [hearing open to public];
(e) section 44 [tribunal without jurisdiction over constitutional questions];
(f) section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code];
(g) Part 6 [Costs and Sanctions], except sections 47.1 [security for costs] and 47. 2 [government and agents of government];
(h) Part 7 [Decisions];
(i) Part 8 [Immunities];
(j) section 57 [time limit for judicial review];
(k) section 58 [standard of review with privative clause];
(l) section 59.1 [surveys];
(m) section 59.2 [reporting];
(n) section 60 (1) (a), (b) and (d) to (i) and (2) [power to make regulations];
(o) section 61 [application of Freedom of Information and Protection of Privacy Act].
Human Rights Code
101 Section 1 of the Human Rights Code, R.S.B.C. 1996, c. 210, is amended
(a) in the definition of "chair" by striking out "section 31 (1) (a)" and substituting "section 31", and
(b) in the definition of "member" by striking out "section 31 (1) (b)" and substituting "section 31".
102 Section 27.3 (2) is amended by adding the following paragraph:
(m) requiring or allowing that a process be conducted electronically, with or without conditions.
103 Section 31 is repealed and the following substituted:
31 The British Columbia Human Rights Tribunal is continued consisting of the following individuals appointed by the Lieutenant Governor in Council after a merit-based process:
(a) a member designated as the chair;
(b) other members appointed after consultation with the chair.
104 Section 32 is repealed and the following substituted:
32 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) section 17 [withdrawal or settlement of application];
(e) section 28 [facilitated settlement];
(f) section 29 [disclosure protection];
(g) section 30 [tribunal duties];
(h) section 34 (3) and (4) [tribunal power to compel witnesses and order disclosure];
(i) section 45 [tribunal without jurisdiction over Canadian Charter of Rights and Freedoms issues];
(j) section 46 [notice to Attorney General if constitutional question raised in application];
(k) section 46.1 (3) to (9) [notice to Attorney General regarding issue under Human Rights Code];
(l) section 48 [maintenance of order at hearings];
(m) section 49 [contempt proceeding for uncooperative witness or other person];
(n) section 50 [decisions];
(o) Part 8 [Immunities];
(p) section 57 [time limit for judicial review];
(q) section 59 [standard of review without privative clause];
(r) section 59.1 [surveys];
(s) section 59.2 [reporting];
(t) section 60 (1) (g) to (i) and (2) [power to make regulations];
(u) section 61 [application of Freedom of Information and Protection of Privacy Act].
105 Section 39.1 (2) is repealed and the following substituted:
(2) The minister must,
(a) if the Legislative Assembly is in session, promptly lay the annual report under subsection (1) before the Legislative Assembly, or
(b) if the Legislative Assembly is not in session when the annual report is submitted, file the report with the Clerk of the Legislative Assembly.
106 Section 43 is amended by striking out "gives evidence or otherwise assists in a complaint or other proceeding under this Code." and substituting "might complain or be named in a complaint, gives evidence, might give evidence or otherwise assists or might assist in a complaint or other proceeding under this Code."
Industry Training Authority Act
107 Section 10 of the Industry Training Authority Act, S.B.C. 2003, c. 34, is amended
(a) in subsection (1) by striking out "merit based process:" and substituting "merit-based process:", and
(b) by repealing subsection (2) and substituting the following:
(2) The following provisions of the Administrative Tribunals Act apply to the appeal board:
(a) Part 1 [Interpretation and Application];
(b) Part 2 [Appointments];
(c) Part 3 [Clustering];
(d) Part 8 [Immunities];
(e) section 59.1 [surveys];
(f) section 59.2 [reporting].
108 Section 11 (6) is amended by striking out "60 (a) to (c)" and substituting "60 (1) (a) to (c) and (g) to (i) and (2)".
Integrated Pest Management Act
109 Section 14 (5), (6) and (9) of the Integrated Pest Management Act, S.B.C. 2003, c. 58, is repealed and the following substituted:
(6) Subject to this Act, Division 1 of Part 8 of the Environmental Management Act applies to an appeal under this Act.
110 Section 35 (3) is repealed.
Labour Relations Code
111 Section 115 (1) of the Labour Relations Code, R.S.B.C. 1996, c. 244, is amended by striking out "merit based process." and substituting "merit-based process."
112 Section 115.1 is repealed and the following substituted:
115.1 The following provisions of the Administrative Tribunals Act apply to the board:
(a) Part 1 [Interpretation];
(b) Part 2 [Appointments];
(c) Part 3 [Clustering];
(d) section 34 (3) (b) and (4) [tribunal power to compel witnesses and order disclosure];
(e) section 43 [discretion to refer questions of law to court];
(f) section 46 [notice to Attorney General if constitutional question raised in application];
(g) section 46.1 [discretion to decline jurisdiction to apply the Human Rights Code];
(h) section 47 (1) (c) [power to award costs];
(i) section 48 [maintenance of order at hearings];
(j) section 49 [contempt proceeding for uncooperative witness or other person];
(k) section 56 [immunity protection for tribunal and members];
(l) section 57 [time limit for judicial review];
(m) section 58 (1) and (2) [standard of review with privative clause];
(n) section 59.1 [surveys];
(o) section 59.2 [reporting];
(p) section 60 (1) (g) to (i) and (2) [power to make regulations];
(q) section 61 [application of Freedom of Information and Protection of Privacy Act].
Local Government Act
113 Section 693 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended
(a) in subsection (1) by striking out "merit based process:" and substituting "merit-based process:",
(b) in subsection (4) by striking out "A" and substituting "If the appeal board sits as the tribunal under section 26 (3) [organization of tribunal] of the Administrative Tribunals Act, a", and
(c) by repealing subsections (9) to (12).
114 The following section is added to Division 1 of Part 21:
693.01 The following provisions of the Administrative Tribunals Act apply to the appeal board:
(a) Part 1 [Interpretation and Application];
(b) Part 2 [Appointments], except section 9 [responsibilities of the chair];
(c) Part 3 [Clustering];
(d) section 11 [general power to make rules respecting practice and procedure];
(e) section 13 [practice directives tribunal may make];
(f) section 18 [failure of party to comply with tribunal orders and rules];
(g) section 26 [organization of tribunal];
(h) section 27 [staff of tribunal];
(i) section 28 [facilitated settlement];
(j) section 29 [disclosure protection];
(k) section 32 [representations of parties to an application];
(l) section 36 [form of hearing of application];
(m) section 39 [adjournments];
(n) section 44 [tribunal without jurisdiction over constitutional questions];
(o) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(p) section 51 [final decision];
(q) section 56 [immunity protection for tribunal and members];
(r) section 58 [standard of review with privative clause];
(s) section 59.1 [surveys];
(t) section 59.2 [reporting];
(u) section 60 (1) (g) to (i) and (2) [power to make regulations].
115 Section 693.01 (b), as enacted by section 114 of this Act, is amended by striking out ", except section 9 [responsibilities of the chair]".
Manufactured Home Park Tenancy Act
116 Section 1 of the Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77, is amended by adding the following definitions:
"dispute resolution process" means a process, including, without limitation, a facilitated settlement process and a hearing under Part 6 [Resolving Disputes], that is established by the regulations or the director to resolve one or more issues in dispute;
"facilitated settlement process" means a process established by the director to assist the parties to an application for dispute resolution to resolve their dispute;
"rules of procedure" means the rules of procedure established by the director under section 9 [director's powers and duties]; .
117 Section 9 (3) is repealed and the following substituted:
(3) The director may make and publish rules of procedure to facilitate the resolution of disputes under Part 6 [Resolving Disputes].
(3.1) Without limiting subsection (3), the director may make rules as follows:
(a) respecting applications for dispute resolution;
(b) respecting dispute resolution proceedings and processes, including, without limitation,
(i) the conduct of dispute resolution proceedings, and
(ii) the movement of disputes between different dispute resolution processes;
(c) respecting the disclosure, exchange or provision of information, records and documents by parties before or during a dispute resolution process;
(d) requiring or allowing that a process be conducted electronically, with or without conditions;
(e) respecting the effect of a party's non-compliance with the rules of procedure.
(3.2) The director may make different rules for different types or classes of disputes, claims, issues, circumstances or dispute resolution processes.
118 Section 9.1 (1) is amended by striking out "section 9 (3)" and substituting "section 9 (3) or (3.1)".
119 Section 48 is amended
(a) by repealing subsection (1) and substituting the following:
(1) If a tenant makes an application for dispute resolution to dispute a landlord's notice to end a tenancy, the director must grant to the landlord an order of possession of the manufactured home site if
(a) the landlord's notice to end tenancy complies with section 45 [form and content of notice to end tenancy], and
(b) the director, during the dispute resolution proceeding, dismisses the tenant's application or upholds the landlord's notice. , and
(b) in subsection (4) by striking out "Despite section 54 [setting down dispute for hearing], in" and substituting "In" and by striking out "holding a hearing," and substituting "any further dispute resolution process under Part 6 [Resolving Disputes],".
120 Section 51 is amended
(a) in subsection (2) by striking out "receives" and substituting "accepts" and by striking out "determine the dispute" and substituting "resolve the dispute under this Part", and
(b) in subsection (3) by striking out "for determination by the director" and substituting "to the director for dispute resolution".
121 Section 52 is amended
(a) in subsection (3) by adding "and the notice of dispute resolution proceeding referred to in section 54" before "to the other party" and by striking out "making the application," and substituting "receiving the notice of dispute resolution proceeding", and
(b) in subsection (5) (a) by striking out "determined" and substituting "resolved".
122 Section 54 is repealed and the following substituted:
54 If an application for dispute resolution is properly completed and is accepted by the director, the director must,
(a) subject to the regulations, determine which dispute resolution processes will be used to resolve the dispute, and
(b) give the person who made the application a notice of dispute resolution proceeding
(i) indicating that a dispute resolution proceeding to resolve the dispute has been started, and
(ii) setting out the particulars of any dispute resolution process determined under paragraph (a).
123 Section 55 is amended
(a) in subsection (1) by striking out "determine" and substituting "resolve under this Part",
(b) by adding the following subsection:
(3.1) On the request of a party or on the director's own initiative, the director may make any order provided for in the regulations or the rules of procedure. ,
(c) in subsection (4) (b) by striking out "determined" and substituting "resolved", and
(d) in subsection (4) by striking out "or" at the end of paragraph (b), by adding ", or" at the end of paragraph (c) and by adding the following paragraph:
(d) the person who made the application fails to pursue the application diligently or does not follow an order made in the course of the dispute resolution proceeding.
124 Section 56 is repealed.
125 Section 57 is amended
(a) in subsection (3) by striking out "established under section 9 (3) [director's powers and duties]",
(b) in subsection (4) by striking out "determination" and substituting "resolution", and
(c) in subsection (4) (b) by striking out "be heard" and substituting "participate".
126 The following sections are added:
57.1 (1) If required under the regulations, the parties to an application for dispute resolution must participate in a facilitated settlement process.
(2) During a facilitated settlement process, the director may proceed under this Part to resolve one or more of the issues or claims in dispute on the basis of the information received by the director and without any further dispute resolution process under this Division if
(a) the parties agree to a direct resolution, by the director, of the issue or claim, or
(b) the party responding to the application does not participate in the facilitated settlement process.
(3) Despite subsection (1), before or during a facilitated settlement process, the director may require the dispute to proceed to a hearing under this Division
(a) if, in the director's opinion, the parties are unlikely to resolve their dispute by agreement, or
(b) in any circumstances provided for in the rules of procedure.
57.2 If, during a dispute resolution proceeding, the parties resolve their dispute by agreement, the director may record the agreement in the form of a decision or order under this Part.
127 Section 66 (1) and (2) is amended by striking out everything after "the director may" and substituting "require the disputes to be resolved in the same dispute resolution proceeding."
128 Section 67 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to the regulations and the rules of procedure, the director may conduct a dispute resolution proceeding under this Division in the manner the director considers appropriate. ,
(b) in subsection (2) by striking out "hold a hearing" and substituting "conduct a dispute resolution proceeding",
(c) by repealing subsection (2) (c) and substituting the following:
(c) by telephone or videoconference or through the use of other means of communication, including electronic means, provided for in the regulations, or , and
(d) by adding the following subsection:
(2.1) It is not necessary for any of the methods referred to in subsection (2) to allow all parties to the dispute to take part in the dispute resolution proceeding at the same time.
129 Section 69 (2) is amended by striking out "established under section 9 (3) [director's powers and duties]".
130 Section 70 (1) (c) is amended by striking out ", and" and substituting "or, in the case of a decision under section 57.2 [decision or order if parties resolve dispute by agreement], the particulars of the agreement under that section, and".
131 Section 71.1 is repealed and the following substituted:
71.1 (1) The following provisions of the Administrative Tribunals Act apply to the director as if the director were a tribunal and to dispute resolution proceedings under Division 1 of this Part and reviews under Division 2 of this Part:
(a) Part 1 [Interpretation and Application], except for the definition of "facilitated settlement process";
(b) section 29 [disclosure protection];
(c) section 44 [tribunal without jurisdiction over constitutional questions];
(d) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(e) section 48 [maintenance of order at hearings];
(f) section 56 [immunity protection for tribunal and members];
(g) section 57 [time limit for judicial review];
(h) section 58 [standard of review with privative clause];
(i) section 59.1 [surveys];
(j) section 59.2 [reporting];
(k) section 60 (1) (g) to (i) and (2) [power to make regulations];
(l) section 61 [application of Freedom of Information and Protection of Privacy Act].
(2) In applying sections 29, 56 and 61 of the Administrative Tribunals Act for the purposes of this Act, a reference in those sections to a facilitated settlement process must be read as a reference to a facilitated settlement process under this Act.
132 Section 72 (2) (a) and (b) is amended by striking out "hearing" and substituting "dispute resolution proceeding".
133 Section 75 (2) is amended
(a) in paragraph (b) by striking out "hearing" and substituting "dispute resolution proceeding", and
(b) by repealing paragraph (c) and substituting the following:
(c) by conducting a new dispute resolution proceeding.
134 Section 81 (j) is amended by striking out "prescribed" and substituting "provided for".
135 Section 82 is amended
(a) in subsection (1) by adding ", the notice of dispute resolution proceeding in respect of the application" after "dispute resolution",
(b) in subsections (1) and (2) by adding the following paragraph:
(f) by any other means of service provided for in the regulations. , and
(c) in subsection (2) by adding "and the notice of dispute resolution proceeding in respect of the application" before "must".
136 Section 89 is amended
(a) in subsection (2) by adding the following paragraph:
(i.1) respecting dispute resolution proceedings and processes, including
(i) respecting the types of dispute resolution processes that may be used to resolve disputes,
(ii) requiring different dispute resolution processes to be used to resolve different types or classes of disputes, and
(iii) for the purposes of section 67 (2) (c) [how dispute resolution proceedings may be conducted], respecting other means of communication, including electronic means, for conducting dispute resolution proceedings; ,
(b) by repealing subsection (2) (r) and substituting the following:
(r) respecting other means of giving or serving documents, including
(i) prescribing when documents given or served by those other means are deemed to be received, and
(ii) providing for different means of giving or serving documents for the purposes of sections 81 (j) and 82 (1) (f) and (2) (f); , and
(c) in subsection (3) by striking out "and" at the end of paragraph (b), by adding ", and" at the end of paragraph (c) and by adding the following paragraph:
(d) make different regulations for different types or classes of disputes, claims, issues, circumstances or dispute resolution processes.
137 Section 96.1 (2) is amended by striking out "determining a dispute" and substituting "resolving a dispute".
Mental Health Act
138 Section 24.1 of the Mental Health Act, R.S.B.C. 1996, c. 288, is amended by striking out "merit based process:" and substituting "merit-based process:".
139 Section 24.2 is repealed and the following substituted:
24.2 The following provisions of the Administrative Tribunals Act apply to the board and members of the board's review panels:
(a) Part 1 [Interpretation and Application];
(a.1) Part 2 [Appointments];
(b) Part 3 [Clustering];
(b.1) section 11 [general power to make rules respecting practice and procedure];
(c) section 13 [practice directives tribunal may make];
(c.1) section 14 [general power to make orders];
(d) section 15 [interim orders];
(d.1) section 18 [failure of party to comply with tribunal order and rules];
(e) section 19 [service of notice or documents];
(f) section 20 [when failure to serve does not invalidate proceeding];
(g) section 26 (5) to (7) and (9) [panel of tribunal and chair power to hear preliminary matters];
(h) section 27 [staff of tribunal];
(i) section 30 [tribunal duties];
(j) section 32 [representation of parties to an application];
(k) section 35 [recording tribunal proceedings];
(l) section 36 [form of hearing of application];
(m) section 38 [examination of witnesses];
(n) section 39 [adjournments];
(o) section 40 (1) and (2) [relevant information admissible];
(p) section 44 [tribunal without jurisdiction over constitutional questions];
(q) section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code];
(r) section 48 [maintenance of order at hearings];
(s) section 49 [contempt proceeding for uncooperative witness or other person];
(t) Part 8 [Immunities];
(u) section 57 [time limit for judicial review];
(v) section 59 [standard of review without privative clause];
(w) section 59.1 [surveys];
(x) section 59.2 [reporting];
(y) section 60 (1) (a), (b) and (g) to (i) and (2) [power to make regulations];
(z) section 61 [application of Freedom of Information and Protection of Privacy Act].
Motor Dealer Act
140 The Motor Dealer Act, R.S.B.C. 1996, c. 316, is amended by adding the following section:
7.1 The following provisions of the Administrative Tribunals Act apply to the registrar:
(a) section 11 [general power to make rules respecting practice and procedure];
(b) section 14 (a) and (c) [general power to make orders];
(c) section 15 [interim orders];
(d) section 18 [failure of party to comply with tribunal order and rules];
(e) section 28 [facilitated settlement];
(f) section 29 [disclosure protection];
(g) section 31 [summary dismissal];
(h) section 33 [interveners];
(i) section 34 (3) and (4) [tribunal power to compel witnesses and order disclosure];
(j) section 35 [recording tribunal proceedings];
(k) section 36 [form of hearing of application];
(l) section 37 [applications involving similar questions];
(m) section 39 [adjournments];
(n) section 41 [hearings open to public];
(o) section 43 [discretion to refer questions of law to court];
(p) section 46 [notice to Attorney General if constitutional question raised in application];
(q) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(r) section 48 [maintenance of order at hearings];
(s) section 49 [contempt proceeding for uncooperative witness or other person];
(t) section 57 [time limit for judicial review];
(u) section 61 [application of Freedom of Information and Protection of Privacy Act].
141 Section 15 (7) is repealed.
142 The following section is added:
16.1 The following provisions of the Administrative Tribunals Act apply to the board for the purposes of a hearing under section 15 of this Act:
(a) section 34 (3) and (4) [tribunal power to compel witnesses and order disclosure];
(b) section 48 [maintenance of order at hearings];
(c) section 49 [contempt proceeding for uncooperative witness or other person];
(d) section 56 [immunity protection for tribunal and members];
(e) section 57 [time limit for judicial review].
Natural Products Marketing (BC) Act
143 Section 3 (1) of the Natural Products Marketing (BC) Act, R.S.B.C. 1996, c. 330, is amended by striking out "merit based process:" and substituting "merit-based process:".
144 Section 3.1 is repealed and the following substituted:
3.1 The following provisions of the Administrative Tribunal Act apply to the Provincial board:
(a) Part 1 [Interpretation and Application];
(b) Part 2 [Appointments];
(c) Part 3 [Clustering];
(d) section 27 [staff of tribunal];
(e) section 28 [facilitated settlement];
(f) section 29 [disclosure protection];
(g) section 30 [tribunal duties];
(h) section 43 [discretion to refer questions of law to court];
(i) section 45 [tribunal without jurisdiction over Canadian Charter of Rights and Freedoms issues];
(j) section 46 [notice to Attorney General if constitutional question raised in application];
(k) section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code];
(l) section 48 [maintenance of order at hearings];
(m) section 55 [compulsion protection];
(n) section 57 [time limit for judicial review];
(o) section 58 [standard of review with privative clause];
(p) section 59.1 [surveys];
(q) section 59.2 [reporting];
(r) section 61 [application of Freedom of Information and Protection of Privacy Act].
145 Section 8.1 (1) is repealed and the following substituted:
(1) For the purposes of an appeal under section 8 of this Act, the following provisions of the Administrative Tribunals Act apply to the Provincial board in addition to those incorporated under section 3.1 of this Act:
(a) Part 4 [Practice and Procedure], except the following:
(i) section 21 [notice of hearing by publication];
(ii) section 23 [notice of appeal (exclusive of prescribed fee)];
(iii) section 34 (1) and (2) [party power to compel witnesses and order disclosure];
(b) section 47 [power to award costs];
(c) section 49 [contempt proceeding for uncooperative witness or other person];
(d) section 50 [decisions];
(e) section 51 [final decision];
(f) section 52 [notice of decision];
(g) section 60 (1) (a) to (i) and (2) [power to make regulations].
Oil and Gas Activities Act
146 Section 20 of the Oil and Gas Activities Act, S.B.C. 2008, c. 36, is repealed and the following substituted:
20 The following provisions of the Administrative Tribunals Act apply to the appeal 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 23 [notice of appeal (exclusive of prescribed fee)];
(ii) section 25 [appeal does not operate as stay];
(iii) section 34 (1) and (2) [party power to compel witnesses and require disclosure];
(e) section 44 [tribunal without jurisdiction over constitutional questions];
(f) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(g) Part 6 [Costs and Sanctions], except section 47.2 (1) (a) and (c) [government and agents of government];
(h) Part 7 [Decisions];
(i) Part 8 [Immunities];
(j) section 57 [time limit for judicial review];
(k) section 59 [standard of review without privative clause];
(l) section 59.1 [surveys];
(m) section 59.2 [reporting];
(n) Part 10 [Miscellaneous], except section 62 [application of Act to BC Review Board].
Passenger Transportation Act
147 Section 6 of the Passenger Transportation Act, S.B.C. 2004, c. 39, is amended
(a) in subsection (1) by adding ", after a merit-based process," after "appointed", and
(b) by repealing subsection (3) and substituting the following:
(3) The following provisions of the Administrative Tribunals Act apply to the board:
(a) in section 1 [definitions], the definitions of "appointing authority", "member", "privative clause", "tribunal" and "tribunal's enabling Act";
(b) Part 2 [Appointments];
(c) Part 3 [Clustering];
(d) section 11 [general power to make rules respecting practice and procedure];
(e) section 26 [organization of tribunal];
(f) section 28 [facilitated settlement];
(g) section 29 [disclosure protection];
(h) section 30 [tribunal duties];
(i) section 31 [summary dismissal];
(j) section 41 [hearings open to public];
(k) section 42 [discretion to receive evidence in confidence];
(l) section 44 [tribunal without jurisdiction over constitutional questions];
(m) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(n) section 57 [time limit for judicial review];
(o) section 58 [standard of review with privative clause];
(p) section 59.1 [surveys];
(q) section 59.2 [reporting];
(r) section 60 (1) (g) to (i) and (2) [power to make regulations];
(s) section 61 [application of Freedom of Information and Protection of Privacy Act].
Petroleum and Natural Gas Act
148 Section 146 (1) of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended by striking out "merit based process:" and substituting "merit-based process:".
149 Section 148 is repealed and the following substituted:
148 The following provisions of the Administrative Tribunals Act apply to the board:
(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 12 [practice directives tribunal must make];
(ii) section 16 [consent orders];
(iii) section 22 [notice of appeal (inclusive of prescribed fee)];
(iv) section 23 [notice of appeal (exclusive of prescribed fee)];
(v) section 24 [time limit for appeals];
(vi) section 25 [appeal does not operate as stay];
(vii) section 34 (1) and (2) [party power to compel witnesses and order disclosure];
(e) section 44 [tribunal without jurisdiction over constitutional questions];
(f) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(g) section 48 [maintenance of order at hearings];
(h) section 49 [contempt proceeding for uncooperative witness or other person];
(i) section 50 [decisions];
(j) section 51 [final decision];
(k) section 52 [notice of decision];
(l) section 53 (1) to (3) and (5) [amendment to final decision];
(m) Part 8 [Immunities];
(n) section 57 [time limit for judicial review];
(o) section 59 [standard of review without privative clause];
(p) section 59.1 [surveys];
(q) section 59.2 [reporting];
(r) section 60 (1) (a) to (c) and (g) to (i) and (2) [power to make regulations];
(s) section 61 [application of Freedom of Information and Protection of Privacy Act].
Prevention of Cruelty to Animals Act
150 The Prevention of Cruelty to Animals Act, R.S.B.C. 1996, c. 372, is amended by adding the following section:
20.41 (1) For the purposes of carrying out its powers and duties under this Act, the following provisions of the Administrative Tribunals Act apply to the board in addition to those incorporated under section 3.1 of the Natural Products Marketing (BC) Act:
(a) Part 4 [Practice and Procedure], except the following:
(i) section 21 [notice of hearing by publication];
(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 33 [interveners];
(vi) section 34 (1) and (2) [party power to compel witnesses and order disclosure];
(b) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(c) section 47 [power to award costs];
(d) section 49 [contempt proceedings for uncooperative witness or other person];
(e) Part 7 [Decisions];
(f) section 56 [immunity protection for tribunal and members];
(g) section 60 (1) (a) to (i) and (2) [power to make regulations].
(2) Despite section 3.1 of the Natural Products Marketing (BC) Act, the following provisions of the Administrative Tribunals Act do not apply to the board in carrying out its powers and duties under this Act:
(a) section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code];
(b) section 58 [standard of review with privative clause].
151 Section 20.5 (1) is repealed.
Private Managed Forest Land Act
152 Section 1 of the Private Managed Forest Land Act, S.B.C. 2003, c. 80, is amended by repealing the definitions of "board" and "commission" and substituting the following:
"board" has the same meaning as in the Forest and Range Practices Act;
"commission" has the same meaning as in the Forest and Range Practices Act; .
153 Section 33 is amended
(a) by repealing subsections (3), (5), (7) to (14) and (16), and
(b) in subsection (15) by adding "or" at the end of paragraph (b) and by repealing paragraph (c).
154 The following section is added:
33.1 Part 8.1 of the Forest and Range Practices Act applies to an appeal under this Act.
155 Section 34 is repealed.
156 Section 42 (2) (h) is repealed.
Range Act
157 Section 1 (1) of the Range Act, S.B.C. 2004, c. 71, is amended in the definition of "commission" by striking out "Forest Practices Code of British Columbia Act;" and substituting "Forest and Range Practices Act;".
158 Section 70 (3) is repealed and the following substituted:
(3) Part 8.1 of the Forest and Range Practices Act applies to an appeal under this Act.
159 The following section is added:
70.1 (1) In addition to the provisions of the Administrative Tribunals Act incorporated under Part 8.1 of the Forest and Range Practices Act, section 33 of the Administrative Tribunals Act applies to an appeal under this Act.
(2) The board has standing to be a party, if it so requests, to an appeal under this Act.
160 Section 71 (3) and (4) is repealed.
Residential Tenancy Act
161 Section 1 of the Residential Tenancy Act, S.B.C. 2002, c. 78, is amended by adding the following definitions:
"dispute resolution process" means a process, including, without limitation, a facilitated settlement process and a hearing under Part 5 [Resolving Disputes], that is established by the regulations or the director to resolve one or more issues in dispute;
"facilitated settlement process" means a process established by the director to assist the parties to an application for dispute resolution to resolve their dispute;
"rules of procedure" means the rules of procedure established by the director under section 9 [director's powers and duties]; .
162 Section 9 (3) is repealed and the following substituted:
(3) The director may make and publish rules of procedure to facilitate the resolution of disputes under Part 5 [Resolving Disputes].
(3.1) Without limiting subsection (3), the director may make rules as follows:
(a) respecting applications for dispute resolution;
(b) respecting dispute resolution proceedings and processes, including, without limitation,
(i) the conduct of dispute resolution proceedings, and
(ii) the movement of disputes between different dispute resolution processes;
(c) respecting the disclosure, exchange or provision of information, records and documents by parties before or during a dispute resolution process;
(d) requiring or allowing that a process be conducted electronically, with or without conditions;
(e) respecting the effect of a party's non-compliance with the rules of procedure.
(3.2) The director may make different rules for different types or classes of disputes, claims, issues, circumstances or dispute resolution processes.
163 Section 9.1 (1) is amended by striking out "section 9 (3)" and substituting "section 9 (3) or (3.1)".
164 Section 38 (8) is amended by striking out everything after "must" and by adding the following paragraphs:
(a) use a service method described in section 88 (c), (d) or (f) [service of documents] or provided for in the regulations under section 88 (j), if applicable, or
(b) give the deposit personally to the tenant.
165 Section 55 is amended
(a) by repealing subsection (1) and substituting the following:
(1) If a tenant makes an application for dispute resolution to dispute a landlord's notice to end a tenancy, the director must grant to the landlord an order of possession of the rental unit if
(a) the landlord's notice to end tenancy complies with section 52 [form and content of notice to end tenancy], and
(b) the director, during the dispute resolution proceeding, dismisses the tenant's application or upholds the landlord's notice. , and
(b) in subsection (4) by striking out "Despite section 61 [setting down dispute for hearing], in" and substituting "In" and by striking out "holding a hearing," and substituting "any further dispute resolution process under Part 5 [Resolving Disputes],".
166 Section 58 is amended
(a) in subsection (2) by striking out "receives" and substituting "accepts" and by striking out "determine the dispute" and substituting "resolve the dispute under this Part", and
(b) in subsection (3) by striking out "for determination by the director" and substituting "to the director for dispute resolution".
167 Section 59 is amended
(a) in subsection (3) by adding "and the notice of dispute resolution proceeding referred to in section 61" before "to the other party" and by striking out "making it," and substituting "receiving the notice of dispute resolution proceeding", and
(b) in subsection (5) (a) by striking out "determined" and substituting "resolved".
168 Section 61 is repealed and the following substituted:
61 If an application for dispute resolution is properly completed and is accepted by the director, the director must,
(a) subject to the regulations, determine which dispute resolution processes will be used to resolve the dispute, and
(b) give the person who made the application a notice of dispute resolution proceeding
(i) indicating that a dispute resolution proceeding to resolve the dispute has been started, and
(ii) setting out the particulars of any dispute resolution process determined under paragraph (a).
169 Section 62 is amended
(a) in subsection (1) by striking out "determine" and substituting "resolve under this Part",
(b) by adding the following subsection:
(3.1) On the request of a party or on the director's own initiative, the director may make any order provided for in the regulations or the rules of procedure. ,
(c) in subsection (4) (b) by striking out "determined" and substituting "resolved", and
(d) in subsection (4) by striking out "or" at the end of paragraph (b), by adding ", or" at the end of paragraph (c) and by adding the following paragraph:
(d) the person who made the application fails to pursue the application diligently or does not follow an order made in the course of the dispute resolution proceeding.
170 Section 63 is repealed.
171 Section 64 is amended
(a) in subsection (3) by striking out "established under section 9 (3) [director's powers and duties]",
(b) in subsection (4) by striking out "determination" and substituting "resolution", and
(c) in subsection (4) (b) by striking out "be heard" and substituting "participate".
172 The following sections are added:
64.1 (1) If required under the regulations, the parties to an application for dispute resolution must participate in a facilitated settlement process.
(2) During a facilitated settlement process, the director may proceed under this Part to resolve one or more of the issues or claims in dispute on the basis of the information received by the director and without any further dispute resolution process under this Division if
(a) the parties agree to a direct resolution, by the director, of the issue or claim, or
(b) the party responding to the application does not participate in the facilitated settlement process.
(3) Despite subsection (1), before or during a facilitated settlement process, the director may require the dispute to proceed to a hearing under this Division
(a) if, in the director's opinion, the parties are unlikely to resolve their dispute by agreement, or
(b) in any circumstances provided for in the rules of procedure.
64.2 If, during a dispute resolution proceeding, the parties resolve their dispute by agreement, the director may record the agreement in the form of a decision or order under this Part.
173 Section 73 (1) and (2) is amended by striking out everything after "the director may" and substituting "require the disputes to be resolved in the same dispute resolution proceeding."
174 Section 74 is amended
(a) by repealing subsection (1) and substituting the following:
(1) Subject to the regulations and the rules of procedure, the director may conduct a dispute resolution proceeding under this Division in the manner the director considers appropriate. ,
(b) in subsection (2) by striking out "hold a hearing" and substituting "conduct a dispute resolution proceeding",
(c) by repealing subsection (2) (c) and substituting the following:
(c) by telephone or videoconference or through the use of other means of communication, including electronic means, provided for in the regulations, or , and
(d) by adding the following subsection:
(2.1) It is not necessary for any of the methods referred to in subsection (2) to allow all parties to the dispute to take part in the dispute resolution proceeding at the same time.
175 Section 76 (2) is amended by striking out "established under section 9 (3) [director's powers and duties]".
176 Section 77 (1) (c) is amended by striking out ", and" and substituting "or, in the case of a decision under section 64.2 [decision or order if parties resolve dispute by agreement], the particulars of the agreement under that section, and".
177 Section 78.1 is repealed and the following substituted:
78.1 (1) The following provisions of the Administrative Tribunals Act apply to the director as if the director were a tribunal and to dispute resolution proceedings under Division 1 of this Part and reviews under Division 2 of this Part:
(a) Part 1 [Interpretation and Application], except for the definition of "facilitated settlement process";
(b) section 29 [disclosure protection];
(c) section 44 [tribunal without jurisdiction over constitutional questions];
(d) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(e) section 48 [maintenance of order at hearings];
(f) section 56 [immunity protection for tribunal and members];
(g) section 57 [time limit for judicial review];
(h) section 58 [standard of review with privative clause];
(i) section 59.1 [surveys];
(j) section 59.2 [reporting];
(k) section 60 (1) (g) to (i) and (2) [power to make regulations];
(l) section 61 [application of Freedom of Information and Protection of Privacy Act].
(2) In applying sections 29, 56 and 61 of the Administrative Tribunals Act for the purposes of this Act, a reference in those sections to a facilitated settlement process must be read as a reference to a facilitated settlement process under this Act.
178 Section 79 (2) (a) and (b) is amended by striking out "hearing" and substituting "dispute resolution proceeding".
179 Section 82 (2) is amended
(a) in paragraph (b) by striking out "hearing," and substituting "dispute resolution proceeding,", and
(b) by repealing paragraph (c) and substituting the following:
(c) by conducting a new dispute resolution proceeding.
180 Section 88 (j) is amended by striking out "prescribed" and substituting "provided for".
181 Section 89 is amended
(a) in subsection (1) by adding ", the notice of dispute resolution proceeding in respect of the application" after "dispute resolution",
(b) in subsections (1) and (2) by adding the following paragraph:
(f) by any other means of service provided for in the regulations. , and
(c) in subsection (2) by adding "and the notice of dispute resolution proceeding in respect of the application" before "must".
182 Section 97 is amended
(a) in subsection (2) by adding the following paragraph:
(i.1) respecting dispute resolution proceedings and processes, including
(i) respecting the types of dispute resolution processes that may be used to resolve disputes,
(ii) requiring different dispute resolution processes to be used to resolve different types or classes of disputes, and
(iii) for the purposes of section 74 (2) (c) [how dispute resolution proceedings may be conducted], respecting other means of communication, including electronic means, for conducting dispute resolution proceedings; ,
(b) by repealing subsection (2) (p) and substituting the following:
(p) respecting other means of giving or serving documents, including
(i) prescribing when documents given or served by those other means are deemed to be received, and
(ii) providing for different means of giving or serving documents for the purposes of sections 88 (j) and 89 (1) (f) and (2) (f); , and
(c) in subsection (3) by striking out "and" at the end of paragraph (b), by adding ", and" at the end of paragraph (c) and by adding the following paragraph:
(d) make different regulations for different types or classes of disputes, claims, issues, circumstances or dispute resolution processes.
183 Section 104.1 (2) is amended by striking out "determining a dispute" and substituting "resolving a dispute".
Safety Standards Act
184 Section 43 (1) (a) and (b) of the Safety Standards Act, S.B.C. 2003, c. 39, is amended by striking out "merit based process" and substituting "merit-based process".
185 Section 44 is repealed and the following substituted:
44 The following provisions of the Administrative Tribunals Act apply to the appeal board:
(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 23 [notice of appeal (exclusive of prescribed fee)];
(ii) section 25 [appeal does not operate as stay];
(iii) section 31 (1) (f) [summary dismissal because no reasonable prospect of success] and (g) [summary dismissal because appropriately dealt with in another proceeding];
(iv) section 34 (1) and (2) [party power to compel witnesses and order disclosure];
(e) section 44 [tribunal without jurisdiction over constitutional questions];
(f) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(g) Part 6 [Costs and Sanctions], except sections 47.1 [security for costs] and 47.2 [government and agents of government];
(h) Part 7 [Decisions];
(i) Part 8 [Immunities];
(j) section 57 [time limit for judicial review];
(k) section 58 [standard of review with privative clause];
(l) section 59.1 [surveys];
(m) section 59.2 [reporting];
(n) Part 10 [Miscellaneous], except section 62 [application of Act to BC Review Board].
Securities Act
186 Section 4 (1) of the Securities Act, R.S.B.C. 1996, c. 418, is amended by striking out "merit based process:" and substituting "merit-based process:".
187 Section 4.1 is repealed and the following substituted:
4.1 The following provisions of the Administrative Tribunals Act apply to the commission:
(a) Part 1 [Interpretation and Application];
(b) Part 2 [Appointments], except the following:
(i) section 7 (3) [powers after resignation or expiry of term];
(ii) section 9 [responsibilities of the chair];
(iii) section 10 [remuneration and benefits for members];
(c) section 43 [discretion to refer questions of law to court];
(d) section 46 [notice to Attorney General if constitutional question raised in application];
(e) section 46.1 [discretion to decline jurisdiction to apply the Human Rights Code];
(f) section 55 [compulsion protection];
(g) section 61 [application of Freedom of Information and Protection of Privacy Act].
Supplements Repeal Act
188 Section 4 of the Supplements Repeal Act, S.B.C. 2006, c. 33, is repealed.
Utilities Commission Act
189 Section 2 of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is amended
(a) in subsection (1) by striking out "merit based process:" and substituting "merit-based process:", and
(b) by repealing subsection (4).
190 The following section is added:
2.1 The following provisions of the Administrative Tribunals Act apply to the commission, and, for that purpose, a reference in those provisions to a vice chair under that Act must be read as a reference to a deputy chair under this Act:
(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 14 [general power to make orders];
(ii) section 16 [consent orders];
(iii) section 17 [withdrawal or settlement of application];
(iv) section 22 [notice of appeal (inclusive of prescribed fee)];
(v) section 23 [notice of appeal (exclusive of prescribed fee)];
(vi) section 24 [time limit for appeals];
(vii) section 25 [appeal does not operate as stay];
(viii) section 26 [organization of tribunal];
(ix) section 27 [staff of tribunal];
(x) section 31 [summary dismissal];
(xi) section 34 (1) and (2) [party power to compel witnesses and order disclosure];
(e) section 44 [tribunal without jurisdiction over constitutional questions];
(f) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(g) section 48 [maintenance of order at hearings];
(h) section 49 [contempt proceeding for uncooperative witness or other person];
(i) section 54 [enforcement of tribunal's final decision];
(j) section 56 [immunity protection for tribunal and members];
(k) section 59.1 [surveys];
(l) section 59.2 [reporting];
(m) section 60 (1) (a), (b) and (g) to (i) and (2) [power to make regulations];
(n) section 61 [application of Freedom of Information and Protection of Privacy Act].
Water Act
191 Section 92 (6) and (9) of the Water Act, R.S.B.C. 1996, c. 483, is repealed and the following substituted:
(6) Subject to this Act, Division 1 of Part 8 of the Environmental Management Act applies to an appeal under this Act.
Water Sustainability Act
192 Section 105 (4) and (7) of the Water Sustainability Act, S.B.C. 2014, c. 15, is repealed and the following substituted:
(4) Subject to this Act, Division 1 of Part 8 of the Environmental Management Act applies to an appeal under this Act.
Water Utility Act
193 Section 4 (b) of the Water Utility Act, R.S.B.C. 1996, c. 485, is amended by striking out "other than sections 28," and substituting "other than sections 2.1 (b), (c) and (k) to (m), 28,".
Wildfire Act
194 Sections 39 (2) and 40 (2) of the Wildfire Act, S.B.C. 2004, c. 31, are repealed.
195 The following section is added:
40.1 (1) Part 8.1 of the Forest and Range Practices Act applies to an appeal under this Act.
(2) In addition to the provisions of the Administrative Tribunals Act incorporated under Part 8.1 of the Forest and Range Practices Act, section 33 of the Administrative Tribunals Act applies to an appeal under this Act.
(3) The board has standing to be a party, if it so requests, to an appeal under this Act.
196 Section 41 is amended
(a) by repealing subsection (2), and
(b) in subsection (3) by striking out "Forest Practices Code of British Columbia Act" and substituting "Forest and Range Practices Act".
Wildlife Act
197 Section 101.1 (3) and (6) of the Wildlife Act, R.S.B.C. 1996, c. 488, is repealed and the following substituted:
(3) Subject to this Act, Division 1 of Part 8 of the Environmental Management Act applies to an appeal under this Act.
Workers Compensation Act
198 Section 232 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended
(a) in subsections (2) and (6) by striking out "merit based process" and substituting "merit-based process", and
(b) in subsections (3) and (4) by adding ", after a merit-based process," after "may be reappointed".
199 Section 233 is amended by adding the following subsections:
(3) The Lieutenant Governor in Council may terminate the appointment of the chair for cause.
(4) The chair may, after consultation with the minister, terminate the appointment of a member of the appeal tribunal for cause.
200 Section 245.1 is repealed and the following substituted:
245.1 The following provisions of the Administrative Tribunals Act apply to the appeal tribunal:
(a) Part 1 [Interpretation and Application];
(b) section 7.1 [validity of tribunal acts];
(c) Part 3 [Clustering];
(d) section 11 [general power to make rules respecting practice and procedure];
(e) section 13 [practice directives tribunal may make];
(f) section 14 [general power to make orders];
(g) section 15 [interim orders];
(h) section 28 [facilitated settlement];
(i) section 29 [disclosure protection];
(j) section 30 [tribunal duties];
(k) section 31 [summary dismissal];
(l) section 32 [representation of parties to an application];
(m) section 35 (1) to (3) [recording tribunal proceedings];
(n) section 37 [applications involving similar questions];
(o) section 38 [examination of witnesses];
(p) section 42 [discretion to receive evidence in confidence];
(q) section 45 [tribunal without jurisdiction over Canadian Charter of Rights and Freedoms issues];
(r) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code];
(s) section 48 [maintenance of order at hearings];
(t) section 49 [contempt proceeding for uncooperative witness or other person];
(u) section 52 [notice of decision];
(v) Part 8 [Immunities];
(w) Part 9 [Accountability and Judicial Review], except section 59 [standard of review without privative clause];
(x) section 60 (1) (a), (b) and (g) to (i) and (2) [power to make regulations];
(y) section 61 [application of Freedom of Information and Protection of Privacy Act].
201 Section 250 (3) is repealed and the following substituted:
(3) Despite subsection (1), the appeal tribunal is bound by a prior decision of a panel appointed under section 238 (6) unless
(a) the specific circumstances of the matter under appeal are clearly distinguishable from the circumstances addressed in the prior decision,
(b) subsequent to the prior decision, a policy of the board of directors that the panel relied upon in the prior decision was repealed, replaced or revised, or
(c) the prior decision has been overruled under subsection (3.1) of this section.
(3.1) Despite subsection (3), a panel appointed under section 238 (6) may overrule a prior decision of another panel appointed under that section.
202 (1) In this section, "application" means an application to the director under section 51 (1) of the Manufactured Home Park Tenancy Act.
(2) The amendments made by this Act to Part 6 of the Manufactured Home Park Tenancy Act, and any regulations made under section 89 (2) (i.1) of that Act, do not apply in relation to an application that is received by the director before the date this section comes into force.
(3) Part 6 of the Manufactured Home Park Tenancy Act, as that Part read immediately before the date this section comes into force, continues to apply in relation to an application that is received by the director before the date this section comes into force.
203 (1) In this section, "application" means an application to the director under section 58 (1) of the Residential Tenancy Act.
(2) The amendments made by this Act to Part 5 of the Residential Tenancy Act, and any regulations made under section 97 (2) (i.1) of that Act, do not apply in relation to an application that is received by the director before the date this section comes into force.
(3) Part 5 of the Residential Tenancy Act, as that Part read immediately before the date this section comes into force, continues to apply in relation to an application that is received by the director before the date this section comes into force.
204 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:
| Item | Column 1 Provisions of Act |
Column 2 Commencement |
| 1 | Anything not elsewhere covered by this table | The date of Royal Assent |
| 2 | Sections 1 to 38 | By regulation of the Lieutenant Governor in Council |
| 3 | Sections 40 to 56 | By regulation of the Lieutenant Governor in Council |
| 4 | Sections 60 to 104 | By regulation of the Lieutenant Governor in Council |
| 5 | Sections 107 to 139 | By regulation of the Lieutenant Governor in Council |
| 6 | Sections 143 to 198 | By regulation of the Lieutenant Governor in Council |
| 7 | Section 200 | By regulation of the Lieutenant Governor in Council |
| 8 | Sections 202 and 203 | By regulation of the Lieutenant Governor in Council |