The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 21st 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:
1 Section 1 of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, is amended
(a) by repealing the definition of "facilitated dispute resolution services" and substituting the following:
"facilitated settlement" means dispute resolution services provided under Division 2 [Facilitated Settlement] of Part 4 [Case Management Phase]; ,
(b) by adding the following definitions:
"facilitated small claim" means a claim over which the tribunal has jurisdiction under section 3.2 [facilitated small claims] or 3.3 (2) [facilitated small claims become tribunal small claims on default – exception], but does not include a strata property claim;
"initiating notice" means the notice given under section 6 (1) [initiating notice] by the tribunal to the initiating party; ,
(c) in the definition of "online dispute resolution services" by striking out "facilitated dispute resolution services;" and substituting "facilitated settlement;",
(d) by repealing the definition of "party" and substituting the following:
"party" means an initiating party or a responding party; ,
(e) by adding the following definition:
"responding party" means a person who makes a response under section 7 [response]; ,
(f) by repealing the definition of "Schedule", and
(g) by adding the following definitions:
"strata property claim" means a claim over which the tribunal has jurisdiction under section 3.6 [strata property claims within jurisdiction of tribunal];
"tribunal small claim" means a claim over which the tribunal has jurisdiction under section 3.1 [tribunal small claims] or 3.3 (1) [facilitated small claims become tribunal small claims on default], but does not include a strata property claim; .
2 Section 3 is repealed.
3 The following Part is added:
Part 1.1 – Jurisdiction of the Tribunal
Division 1 – Small Claims
3.1 (1) The tribunal has jurisdiction to resolve a claim for relief in the nature of one or more of the following, if the amount of the claim is less than or equal to an amount prescribed by regulation as the maximum tribunal small claim amount:
(a) debt or damages;
(b) recovery of personal property;
(c) specific performance of an agreement relating to personal property or services;
(d) relief from opposing claims to personal property.
(2) Despite subsection (1), the tribunal does not have jurisdiction in a claim
(a) for libel, slander or malicious prosecution,
(b) for or against the government, or
(c) in a class of claims prescribed by regulation as being excluded from the jurisdiction of the tribunal.
(3) An initiating party may adjust the initiating party's claim to fit within the maximum tribunal small claim amount prescribed under subsection (1).
(4) The maximum tribunal small claim amount prescribed under subsection (1) may not exceed the amount prescribed by the Lieutenant Governor in Council under section 3 [claims the Provincial Court may hear] of the Small Claims Act.
3.2 (1) This section applies to a claim if the claim would otherwise be in the jurisdiction of the tribunal under section 3.1 [tribunal small claims], except that the amount of the claim is more than the maximum tribunal small claim amount prescribed under section 3.1 (1).
(2) If the amount of a claim to which this section applies is less than or equal to the amount prescribed by regulation as the maximum facilitated small claim amount, the tribunal has jurisdiction to facilitate the settlement of, but not to adjudicate, the claim.
(3) Despite subsection (2), the tribunal does not have jurisdiction to facilitate the settlement of a claim in a class of claims prescribed by regulation as being excluded from facilitated settlement.
(4) An initiating party may adjust the initiating party's claim to fit within the maximum facilitated small claim amount prescribed under subsection (2).
(5) The maximum facilitated small claim amount prescribed under subsection (2) may not exceed the amount prescribed by the Lieutenant Governor in Council under section 3 [claims the Provincial Court may hear] of the Small Claims Act.
3.3 (1) Despite sections 3.1 [tribunal small claims] and 3.2 [facilitated small claims], the tribunal has jurisdiction to adjudicate a claim if all of the following apply:
(a) section 3.2 applies to the claim;
(b) all parties against whom the claim is made have been served, or deemed to have been served, a copy of the initiating notice in accordance with section 7 (1) [service of initiating notice];
(c) the time for making a response has expired;
(d) none of the parties who have been given a copy of the initiating notice have made a response.
(2) Subsection (1) does not apply if
(a) a responding party makes a response before the tribunal makes a final decision under section 36 [referral to tribunal for non-compliance], and the tribunal extends the time for making the response, or
(b) the tribunal makes a final decision under section 36 but cancels the final decision under section 37 [cancellation of final decision or dismissal order under section 36].
3.4 (1) The tribunal may not make a final decision in relation to a facilitated small claim, except under section 26 (4) [consent resolution orders].
(2) The following provisions of this Act do not apply to a facilitated small claim:
(a) section 23 (2) [facilitated settlement and hearing preparation may occur at same time];
(b) section 28 [case manager may make recommendation for resolution if parties consent];
(c) section 29 [case manager may act as tribunal in providing direct resolution if parties agree];
(d) section 30 [unresolved claims in dispute proceed to tribunal hearing];
(e) Division 3 [Preparation for Tribunal Hearing] of Part 4 [Case Management Phase];
(f) Division 4 [Referral of Matters to Tribunal] of Part 4 [Case Management Phase];
(g) Part 5 [Tribunal Resolution].
Division 2 – Strata Property Claims
3.5 In this Division, words and expressions have the same meaning as in the Strata Property Act or a regulation under that Act.
3.6 (1) Subject to subsections (2) and (3) and section 48.1 [orders available in strata property claims], the tribunal has jurisdiction over a claim concerning one or more of the following:
(a) the interpretation or application of the Strata Property Act or a regulation, bylaw or rule under that Act;
(b) the common property or common assets of the strata corporation;
(c) the use or enjoyment of a strata lot;
(d) money owing, including money owing as a fine, under the Strata Property Act or a regulation, bylaw or rule under that Act;
(e) an action or threatened action by the strata corporation, including the council, in relation to an owner or tenant;
(f) a decision of the strata corporation, including the council, in relation to an owner or tenant;
(g) the exercise of voting rights by a person who holds 50% or more of the votes, including proxies, at an annual or special general meeting.
(2) The tribunal does not have jurisdiction in relation to a claim that may be dealt with, by the Supreme Court, under any of the following provisions of the Strata Property Act:
(a) section 33 [accountability];
(b) section 52 [unanimous votes];
(c) section 58 [court appointed voter];
(d) section 89 [removal of claim of lien after purchase from owner developer];
(e) section 90 [removal of liens and other charges];
(f) section 117 [forced sale of owner's strata lot to collect money owing];
(g) section 160 [court orders respecting rebuilding damaged property];
(h) section 173 (2) [court order when special levy resolution receives more than 1/2 but less than 3/4 of votes];
(i) section 174 [appointment of administrator for strata corporation];
(j) section 208 [orders respecting requests from leasehold landlords];
(k) section 209 [leasehold landlord's remedies on leasehold tenant's default];
(l) section 226 (1) (c) and (d) [release of security for common facilities];
(m) section 232 [amendment of declaration to extend time for election];
(n) section 233 [other amendments respecting Phased Strata Plan Declaration];
(o) section 235 [orders if owner developer elects not to proceed with next phase];
(p) section 236 [order to compel completion of a phase];
(q) section 246 [order for amendment of Schedule of Unit Entitlement];
(r) section 272 [vote to cancel strata plan];
(s) section 279 [order vesting authority in liquidator];
(t) section 284 [application for court order to wind up strata corporation].
(3) The tribunal does not have jurisdiction in relation to any of the following:
(a) a claim to which Part 5 [Resolving Disputes] of the Residential Tenancy Act applies;
(b) a claim to which all parties have agreed that the Arbitration Act will apply;
(c) a claim prescribed by regulation as being excluded from the jurisdiction of the tribunal.
Division 3 – Other Claims
3.7 (1) If another enactment gives the tribunal jurisdiction in relation to a claim, the provisions of this Act are subject to that enactment.
(2) Judicial review of a final decision, by the tribunal, resolving a claim under this Division must be brought within the time limit prescribed by regulation for the class of claim.
Division 4 – General Restrictions on Jurisdiction
3.8 (1) The tribunal does not have jurisdiction over a constitutional question.
(2) Subject to subsection (3), the tribunal may decline jurisdiction to apply the Human Rights Code in a dispute.
(3) The tribunal does not have jurisdiction over a question of whether there is a conflict between the Human Rights Code and another enactment.
4 The heading to Division 1 of Part 2 is repealed and the following substituted:
Division 1 – Initiating a Claim .
5 Sections 6 to 8 are repealed and the following substituted:
6 (1) On receiving a request for resolution, the tribunal must give the initiating party an initiating notice if, on initial review,
(a) the claim appears to be within the jurisdiction of the tribunal,
(b) the request for resolution appears, on its face, to disclose a reasonable claim, and
(c) the claim meets all of the other requirements under this Act.
(2) If the tribunal decides to give an initiating notice under subsection (1), this decision has no binding effect and, for certainty, does not preclude a subsequent decision by the tribunal not to resolve the claim under section 11 [general authority for tribunal to refuse to resolve claim or dispute].
(3) If the tribunal decides not to give an initiating notice under subsection (1), the tribunal must notify the initiating party and, on request, give reasons.
7 (1) The tribunal may resolve a claim only if the initiating party serves, or is deemed to have served, in accordance with the rules, a copy of the initiating notice to all persons against whom the claim is made.
(2) On being served, or being deemed to have been served, with an initiating notice, a person must make a response in accordance with the rules.
(3) If none of the persons served, or deemed to have been served, with an initiating notice make a response within the time required by the rules, the tribunal must
(a) give the initiating party notice the responding person or persons did not make a response, and
(b) subject to sections 10 [claims to be resolved must be within tribunal authority], 11 (1) [general authority for tribunal to refuse to resolve claim or dispute] and 37 [cancellation of final decision or dismissal order under section 36], proceed to adjudicate the dispute in accordance with any applicable rules.
(4) If one or more of the persons served, or deemed to have been served, with an initiating notice make a response within the time required by the rules, the tribunal may do one of the following:
(a) determine under section 10 (1) that the tribunal does not have jurisdiction over the claim;
(b) refuse to resolve the claim under section 11 (1);
(c) proceed to the case management phase.
6 Section 10 (2) is amended by striking out ", in which case the tribunal may resolve the dispute if the party against whom the claim is made agrees to removal of the issues or is a party whose participation is required as referred to in section 7 (1) (b) [other parties required to participate]".
7 Section 11 (1) is repealed and the following substituted:
(1) The tribunal may refuse to resolve a claim within its jurisdiction if it considers that any of the following apply:
(a) the claim or the dispute has been resolved through a legally binding process or other dispute resolution process;
(b) the request for resolution does not disclose a reasonable claim or is an abuse of process;
(c) issues in the claim or dispute are too complex for the dispute resolution process of the tribunal or otherwise impractical for the tribunal to case manage or resolve;
(d) resolving the claim or dispute may involve a constitutional question or the application of the Human Rights Code;
(e) in the case of a tribunal small claim or a facilitated small claim, the tribunal is satisfied that if an application under section 12.1 [Provincial Court may order that tribunal not adjudicate tribunal small claim] or 12.2 [Provincial Court may order that tribunal not help settle small claim] were brought, the Provincial Court would grant an order that the tribunal neither adjudicate nor facilitate the settlement of the claim or dispute;
(f) in the case of a strata property claim, the tribunal is satisfied that if an application under section 12.3 [Supreme Court may order that tribunal not resolve strata property claim] were brought, the Supreme Court would grant an order that the tribunal not resolve the claim or dispute.
8 Section 12 is repealed and the following sections are added to Division 1 of Part 2:
12.1 (1) The Provincial Court may order that the tribunal not adjudicate a claim that is or purports to be a tribunal small claim if
(a) the tribunal does not have jurisdiction to adjudicate the claim, or
(b) it is not in the interests of justice and fairness for the tribunal to adjudicate the claim.
(2) Subsection (1) (a) applies only if the Provincial Court has jurisdiction over the claim.
(3) When deciding whether it is in the interests of justice and fairness for the tribunal to adjudicate a tribunal small claim or dispute, the Provincial Court may consider the following:
(a) whether an issue raised by the claim or dispute is of such importance that the claim or dispute would benefit from being adjudicated by the Provincial Court to establish a precedent;
(b) whether an issue raised by the claim or dispute relates to the constitution or the Human Rights Code;
(c) whether an issue raised by the claim or dispute is sufficiently complex to benefit from being adjudicated by the Provincial Court;
(d) whether all of the parties to the claim or dispute agree that the claim or dispute should not be adjudicated by the tribunal;
(e) whether the claim or dispute should be heard together with a claim or dispute currently before the Provincial Court;
(f) whether the use of electronic tools in the adjudication process of the tribunal would be unfair to a party in a way that cannot be accommodated by the tribunal.
12.2 (1) The Provincial Court may order that the tribunal not facilitate the settlement of a claim that is or purports to be a facilitated small claim or a tribunal small claim if
(a) the tribunal does not have jurisdiction to facilitate the settlement of the claim, or
(b) it is not in the interests of justice and fairness for the tribunal to facilitate the settlement of the claim.
(2) Subsection (1) (a) applies only if the Provincial Court has jurisdiction over the claim.
(3) When deciding whether it is in the interests of justice and fairness for the tribunal to facilitate the settlement of a claim or dispute, the Provincial Court may consider the following:
(a) whether all of the parties to the claim or dispute agree that the claim or dispute should not be the subject of facilitated settlement by the tribunal;
(b) whether the use of electronic tools in facilitated settlement by the tribunal would be unfair to a party in a way that cannot be accommodated by the tribunal.
(4) If the Provincial Court orders that the tribunal not adjudicate a tribunal small claim but determines that the tribunal may facilitate the settlement of the claim, the dispute is deemed to be a facilitated small claim for the purposes of this Act.
(5) For certainty, the Provincial Court may make an order under both section 12.1 [Provincial Court may order that tribunal not adjudicate tribunal small claim] and this section.
12.3 (1) The Supreme Court may order that the tribunal not resolve a claim that is or purports to be a strata property claim if
(a) the tribunal does not have jurisdiction to resolve the claim, or
(b) it is not in the interests of justice and fairness for the tribunal to resolve the claim.
(2) When deciding whether it is in the interests of justice and fairness for the tribunal to resolve a claim or dispute, the Supreme Court may consider the following:
(a) whether the use of electronic tools in the process of the tribunal would be unfair to one or more parties in a way that cannot be accommodated by the tribunal;
(b) whether an issue raised by the claim or dispute is of such importance that the claim or dispute would benefit from being resolved by the Supreme Court to establish a precedent;
(c) whether an issue raised by the claim or dispute relates to the constitution or the Human Rights Code;
(d) whether an issue raised by the claim or dispute is sufficiently complex to benefit from being resolved by the Supreme Court;
(e) whether all of the parties to the claim or dispute agree that the claim or dispute should be resolved by the Supreme Court;
(f) whether the claim or dispute should be heard together with a claim or dispute currently before the Supreme Court.
9 The heading to Division 2 of Part 2 is repealed and the following substituted:
Division 2 – Limitation Period .
10 Section 14, as enacted by section 111 of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, is amended
(a) in subsection (1) by striking out "If the tribunal gives notice under section 12 [tribunal proceeding started when notice sent]," and substituting "If the tribunal gives an initiating notice under section 6 (1) [initiating notice],",
(b) by repealing subsection (2) (a) and substituting the following:
(a) the basic limitation period resumes running on the earliest of the following dates, if applicable:
(i) the date the tribunal notifies the parties of its refusal to facilitate the settlement of, resolve or adjudicate the claim;
(ii) except when the tribunal refers claims in a dispute to a hearing under section 30 [unresolved claims in dispute proceed to tribunal hearing], the date the tribunal certifies case management is completed;
(iii) the date a party files a notice of objection under section 56.1 [notice of objection renders decision non-binding];
(iv) the date the time for filing a notice of objection expires, and , and
(c) by repealing subsection (3) (a) and substituting the following:
(a) the ultimate limitation period resumes running on the earliest of the following dates, if applicable:
(i) the date the tribunal notifies the parties of its refusal to facilitate the settlement of, resolve or adjudicate the claim;
(ii) except when the tribunal refers claims in a dispute to a hearing under section 30, the date the tribunal certifies case management is completed;
(iii) the date a party files a notice of objection under section 56.1 [notice of objection renders decision non-binding];
(iv) the date the time for filing a notice of objection expires, and .
11 The following heading is added after section 14:
Division 3 – Relationship with Other Proceedings .
12 The following section is added to Division 3 of Part 2:
14.1 (1) A person may not bring a tribunal small claim as a claim in the Provincial Court unless one or more of the following apply:
(a) the tribunal has made a final decision in relation to the claim, and a party has filed a notice of objection under section 56.1 [notice of objection renders decision non-binding];
(b) the tribunal does not have jurisdiction to adjudicate the claim;
(c) the tribunal refuses to resolve the claim;
(d) the Provincial Court orders under section 12.1 (1) [Provincial Court may order that tribunal not adjudicate tribunal small claim] that the tribunal not adjudicate the claim and subsection (2) of this section applies;
(e) the person is in a class of persons exempted by regulation.
(2) A person may not bring a facilitated small claim as a claim in the Provincial Court unless one or more of the following apply:
(a) the tribunal certifies that case management of the claim is completed;
(b) the tribunal does not have jurisdiction to facilitate the settlement of the claim;
(c) the tribunal refuses to facilitate the settlement of the claim;
(d) the Provincial Court orders under section 12.2 (1) [Provincial Court may order that tribunal not help settle small claim] that the tribunal not facilitate the settlement of the claim;
(e) the person is in a class of persons exempted by regulation.
13 Sections 16 and 21 are repealed.
14 Section 23 is amended
(a) in subsection (1) (a) by striking out "one or more facilitated dispute resolution processes" and substituting "facilitated settlement",
(b) in subsection (1) (b) by striking out "if the dispute is to be resolved by the tribunal",
(c) in subsection (1) (c) by striking out "the tribunal",
(d) by repealing subsection (1) (d) and substituting the following:
(d) making a recommendation to the tribunal as to the process to be used in hearing the dispute, if the tribunal has jurisdiction to do so. , and
(e) in subsection (2) by striking out "the facilitated resolution processes" and substituting "facilitated settlement".
15 The heading to Division 2 of Part 4 is repealed and the following substituted:
Division 2 – Facilitated Settlement .
16 Section 25 is amended
(a) in subsection (1) (a) by striking out "facilitated dispute resolution processes are" and substituting "facilitated settlement is",
(b) in subsection (1) (b) by striking out "facilitated dispute resolution processes" and substituting "facilitated settlement", and
(c) in subsection (2) by striking out "Facilitated dispute resolution services" and substituting "Facilitated settlement".
17 Section 27 is amended
(a) by repealing subsection (1) (b) and substituting the following:
(b) the case manager's views on how the court or tribunal would likely resolve the dispute if it proceeded to a court or tribunal hearing. , and
(b) in subsection (2) by striking out "the tribunal" and substituting "the court or tribunal" and by striking out "if the dispute proceeds to a tribunal hearing".
18 Section 30 is repealed and the following substituted:
30 If a tribunal small claim or strata property claim has not been resolved during the case management phase, the claim is to proceed to resolution by tribunal hearing.
19 The following sections are added to Division 2 of Part 4:
30.1 (1) A case manager may terminate facilitated settlement of a facilitated small claim if the case manager determines that one or more of the following apply:
(a) the request for resolution does not disclose a reasonable claim;
(b) a party to the dispute has failed to comply with this Act, the regulations, the rules, a direction of the case manager or an order of the tribunal made during the case management phase;
(c) one or more of the parties are not acting in good faith to resolve the dispute;
(d) the claim has not been resolved during the case management phase, and further case management is not warranted.
(2) A case manager who makes a determination under this section must certify that case management of the dispute is completed.
(3) On request by any party, a case manager must provide reasons for a determination under subsection (1) (a) to (c).
(4) The Provincial Court may consider a determination under subsection (1) (a) to (c) when awarding costs under section 19 [costs] of the Small Claims Act.
30.2 (1) On terminating facilitated settlement, the tribunal may make an order requiring a party to pay another party to the dispute some or all of
(a) the fees paid, under this Act by the other party in relation to the dispute, and
(b) any other reasonable expenses and charges that the tribunal considers directly relate to the conduct of the proceeding.
(2) An order under subsection (1) may be enforced by filing a validated copy of the order in the Provincial Court.
(3) An order filed under this section has the same force and effect, and all enforcement proceedings may be taken on it, as if it were a judgment of the Provincial Court.
30.3 (1) A person subject to an order under section 30.2 may request reconsideration by filing, in accordance with the rules, a notice of reconsideration with the tribunal.
(2) On a reconsideration under this section, the tribunal must confirm, vary or cancel the original order.
(3) The tribunal must give the party against whom the order was made notice of the decision made under subsection (2).
(4) A decision under this section is final and binding.
(5) Sections 57 [time limit for judicial review] and 58 [standard of review with privative clause] of the Administrative Tribunals Act apply to an application for judicial review brought in relation to a decision under this section.
20 Section 31 (2) and (3) is repealed.
21 Section 35 (1) is amended by striking out "a claim in a dispute is frivolous or vexatious" and substituting "a claim in a dispute has no reasonable likelihood of success".
22 Section 36 (6) is amended by repealing paragraph (c) and by adding the following paragraph:
(d) the tribunal must certify that case management of all of the claims in the dispute is completed.
23 Section 43 is repealed.
24 Section 48 is amended by adding the following subsection:
(5) In the case of a final decision in a tribunal small claim, the tribunal may not make an order under this section unless both of the following apply:
(a) the time for making a notice of objection under section 56.1 (2) [notice of objection no later than 28 days after party receives decision] has expired;
(b) no notice of objection has been made.
25 The following section is added:
48.1 (1) In resolving a strata property claim, the tribunal may make one or more of the following orders:
(a) an order requiring a party to do something;
(b) an order requiring a party to refrain from doing something;
(c) an order requiring a party to pay money.
(2) In resolving a strata property claim brought to the tribunal under section 3.6 (2) (e) to (g) [strata property claims within jurisdiction of tribunal], the tribunal may make an order directed at the strata corporation, the council or a person who holds 50% or more of the votes, if the order is necessary to prevent or remedy a significantly unfair action, decision or exercise of voting rights.
(3) Despite subsections (1) and (2), the tribunal may not make
(a) an order requiring the sale or other disposition of a strata lot, or
(b) any other order prescribed by regulation.
26 Division 4 of Part 5 is repealed.
27 The following Divisions are added to Part 5:
Division 5 – Objection to Tribunal Small Claim Decision
56.1 (1) A party that is given notice of a final decision in relation to a tribunal small claim may make a notice of objection.
(2) A party may not make a notice of objection later than 28 days after the party receives notice of the final decision.
(3) If a party makes a notice of objection under this section, the final decision is not binding on any party.
(4) Despite section 58.1 [enforcement of small claims decisions], if a party makes a notice of objection under this section, a final decision of the tribunal is not enforceable.
56.2 (1) If a party makes a notice of objection in accordance with the rules, the tribunal must certify that the parties have completed the tribunal's process.
(2) A certificate under subsection (1) is conclusive evidence that the parties may bring a tribunal small claim as a claim in the Provincial Court under section 14.1 (1) (a) [small claims must go through tribunal before going to Provincial Court].
56.3 (1) If the civil resolution tribunal has adjudicated a claim, or made an order for payment of case management expenses, and a person has filed a notice of objection under this Part, the Provincial Court may order that the person make a deposit as a condition of making or defending the claim.
(2) The amount a person is required to deposit must not exceed the total of the following:
(a) an amount prescribed by regulation that is less than or equal to the amount awarded by the civil resolution tribunal against the person;
(b) an amount prescribed by regulation as security for the costs of the other parties.
(3) The Provincial Court may order that a deposit under this section be paid in installments.
(4) If the civil resolution tribunal has given notice under section 7 (3) (a) [if none of the persons served with initiating process responds] that none of the persons served, or deemed to have been served, with an initiating notice made a response, the Provincial Court must make, on application by a party, an order under subsection (1) of this section unless the Provincial Court is satisfied that one or more of the following apply:
(a) the civil resolution tribunal gave the notice in error;
(b) the failure of the persons to make a response occurred for reasons that were not known to the civil resolution tribunal when it issued the notice, and those reasons justify or excuse the failure to participate;
(c) the civil resolution tribunal did not have jurisdiction over the claim;
(d) making an order under this section would create undue hardship that could not be accommodated by ordering that a deposit be reduced or paid in installments.
56.4 If a claim to which this Division applies is brought to the Provincial Court, the parties may disclose the final decision of the tribunal
(a) to a settlement conference judge,
(b) for the purposes of section 56.3 [deposit for claims previously adjudicated by civil resolution tribunal], and
(c) to the trial judge, but only after that judge has given a final decision on the amount to be awarded and only for the purposes of assessing costs.
Division 6 – Appeal of Strata Property Final Decision
56.5 (1) Subject to this section, a party that is given notice of a final decision in a strata property claim may appeal to the Supreme Court on a question of law arising out of the decision.
(2) A party may appeal to the Supreme Court only if
(a) all parties consent, or
(b) the court grants leave to appeal.
(3) A party may not file an appeal under subsection (1) later than 28 days after the party is given notice of the final decision.
(4) The court may grant leave to appeal under subsection (2) (b) if it determines that it is in the interests of justice and fairness to do so.
(5) When deciding whether it is in the interests of justice and fairness to grant leave, the court may consider the following:
(a) whether an issue raised by the claim or dispute that is the subject of the appeal is of such importance that it would benefit from being resolved by the Supreme Court to establish a precedent;
(b) whether an issue raised by the claim or dispute relates to the constitution or the Human Rights Code;
(c) the importance of the issue to the parties, or to a class of persons of which one of the parties is a member;
(d) the principle of proportionality.
(6) On appeal, the court may do one of the following:
(a) confirm, vary or set aside the decision of the tribunal;
(b) refer the claim back to the tribunal with the court's directions on the question of law that was the subject of the appeal.
28 Section 57 is repealed and the following substituted:
57 (1) A final decision of the tribunal in relation to a strata property claim may be enforced by filing, in the Supreme Court, a validated copy of an order giving effect to the final decision.
(2) A party may file a copy of an order in the Supreme Court only if one or more of the following apply:
(a) the final decision is an approved draft consent resolution order;
(b) the time for an appeal under section 56.5 (3) [appeal to Supreme Court] has expired and leave to appeal has not been sought or consented to;
(c) leave to appeal is denied;
(d) the appeal is heard, and the Supreme Court confirms the decision of the tribunal.
(3) If an appeal is heard and the Supreme Court varies the decision of the tribunal, the decision of the tribunal as varied may be enforced by filing, in the Supreme Court, a validated copy of the order of the tribunal and the order of the Supreme Court.
(4) An order filed under this section has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Supreme Court.
29 Section 58 (2) is amended by striking out "Unless amended, varied or cancelled under this Act, an order" and substituting "An order".
30 The following section is added:
58.1 (1) A consent resolution order in relation to a tribunal small claim or a facilitated small claim may be enforced by filing, in the Provincial Court, a validated copy of the order.
(2) A final decision of the tribunal in relation to a tribunal small claim may be enforced by filing, in the Provincial Court, a validated copy of the order giving effect to the final decision.
(3) A party may file an order in the Provincial Court under subsection (2) only if both of the following apply:
(a) the time for making a notice of objection has expired;
(b) no notice of objection has been made.
(4) An order filed under this section has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Provincial Court.
31 Section 59 is repealed and the following substituted:
59 If the tribunal cancels under section 37 [cancellation of final decision or dismissal order under section 36] an order that has been filed under this Part, the party that filed the cancelled order must not take any further steps to enforce that order and must take the steps necessary to discontinue any enforcement process.
32 Section 62 (2) is amended
(a) by repealing paragraph (a) and substituting the following:
(a) the form and content of an initiating notice under section 6 [initiating notice] and a response under section 7 [giving and responding to initiating notice]; ,
(b) in paragraph (c) (ii) by striking out "facilitated dispute resolution services" and substituting "facilitated settlement",
(c) in paragraph (d) by adding the following subparagraphs:
(iii.1) respecting the process to be followed by the tribunal if a court orders it not to facilitate the settlement of, resolve or adjudicate a claim,
(iii.2) respecting reconsideration under section 30.3 [reconsideration] of an order for payment of case management expenses, ,
(d) in paragraph (e) by striking out "and" at the end of subparagraph (i) and by adding the following subparagraphs:
(i.1) respecting orders available if a party given an initiating notice fails to make a response,
(i.2) respecting the cancellation of an order given when a party that fails to make a response within the time required by the rules subsequently makes a response, and ,
(e) in paragraph (f) by striking out "providing notices, summons, orders or other information or records," and substituting "giving notices, summons, orders or other information or records,",
(f) in paragraph (f) (iv) by striking out "otherwise provided to" and substituting "otherwise given to",
(g) by repealing paragraph (i) and substituting the following:
(i) the consequences of a party's non-compliance with the rules or with a tribunal order, including
(i) respecting the process to be followed if a party given an initiating notice fails to make a response, and
(ii) respecting the process to be followed if an order is given against a party that fails to make a response within the time required by the rules but that subsequently makes a response; ,
(h) in paragraph (k) by striking out "orders and final decisions" and substituting "certificates, directions, orders, reasons and final decisions", and
(i) in paragraph (m) (i) by striking out "section 93 (2) (d) [power to make regulations]," and substituting "section 93 (2) (l) [power to make regulations],".
33 Section 77 (2) is amended by striking out "facilitated dispute resolution services." and substituting "facilitated settlement."
34 Section 84 (1) is amended in the definition of "protected person" by striking out "a facilitated dispute resolution process" and substituting "facilitated settlement".
35 Section 87 (c) is amended by striking out "facilitated dispute resolution services" and substituting "facilitated settlement".
36 Section 89 (1) (a) is amended by striking out "facilitated dispute resolution" and substituting "facilitated settlement".
37 Section 90 (1) is amended
(a) in paragraph (a) (i) by striking out "and consents under section 7 [other parties must have given consent or be required to participate]", and
(b) in paragraphs (a) (ii) and (d) by striking out "facilitated dispute resolution" and substituting "facilitated settlement".
38 Section 93 is amended
(a) by repealing subsection (2) and substituting the following:
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing rules of practice and procedure for the tribunal;
(b) repealing or amending a rule made by the tribunal;
(c) prescribing a class of claims as being excluded from the jurisdiction of the tribunal under Division 1 [Small Claims] of Part 1.1 [Jurisdiction of the Tribunal];
(d) establishing a monetary amount as the maximum tribunal small claim amount under section 3.1 (1) [tribunal small claims];
(e) establishing a monetary amount as the maximum facilitated small claim amount under section 3.2 (2) [facilitated small claims];
(f) prescribing a class of claims as being excluded from the jurisdiction of the tribunal under Division 2 [Strata Property Claims] of Part 1.1 [Jurisdiction of the Tribunal];
(g) establishing the time limit that applies in relation to judicial review of a final decision resolving a claim under Division 3 [Other Claims] of Part 1.1 [Jurisdiction of the Tribunal];
(h) respecting circumstances and determination of the applicable date for the purposes of section 14 [running of time under Limitation Act postponed];
(i) exempting a person or class of persons from the requirements of section 14.1 [small claims must go through tribunal before going to Provincial Court];
(j) prescribing a class of orders that may not be made by the tribunal under section 48.1 [orders available in strata property claims];
(k) prescribing an amount less than or equal to the amount awarded by the tribunal as a deposit and an amount for security for costs under section 56.3 (2) [deposit for claims previously adjudicated by civil resolution tribunal];
(l) prescribing fees that are to be paid under this Act for services provided or anything done by the tribunal;
(m) respecting any other matter for which regulations are contemplated by this Act. , and
(b) by repealing subsection (4) and substituting the following:
(4) In addition to the authority under subsection (3), regulations of the Lieutenant Governor in Council in relation to strata property claims may be different for different classes of strata lots and strata corporations, as established by the regulations.
39 The Schedule is repealed.
40 (1) In this section and sections 41 [transition – claims where no tribunal notice given] and 42 [transition – grandparented proceedings], words and expressions have the same meaning as in the Civil Resolution Tribunal Act, as it read immediately before this section comes into force.
(2) In section 42, "grandparented proceeding" means a proceeding under the Civil Resolution Tribunal Act if all of the following apply on or before the date this section comes into force:
(a) an initiating party made a request for resolution under section 4 of the Civil Resolution Tribunal Act, as it read immediately before the date this section comes into force;
(b) one or both of the following apply to each person against whom the claim is made:
(i) the person consented to all matters referred to in section 6 (a) to (d) of the Civil Resolution Tribunal Act, as it read immediately before the date this section comes into force;
(ii) the person was required under an Act other than the Civil Resolution Tribunal Act, or by a court order, to participate as a party to the claim;
(c) the tribunal gave notice to the parties that the tribunal had accepted the request for resolution under section 12 of the Civil Resolution Tribunal Act, as it read immediately before the date this section comes into force.
41 (1) This section applies if
(a) an initiating party made a request for resolution under section 4 of the Civil Resolution Tribunal Act, as it read immediately before the date this section comes into force, and
(b) the tribunal did not give notice to the parties that the tribunal had accepted the request for resolution under section 12 of the Civil Resolution Tribunal Act, as it read immediately before the date this section comes into force.
(2) The tribunal must give the initiating party an initiating notice in relation to a claim to which this section applies if, on initial review,
(a) the claim appears to be within the jurisdiction of the tribunal, and
(b) the request for resolution appears, on its face, to disclose a reasonable claim.
(3) If the tribunal gives an initiating notice under subsection (2), the Civil Resolution Tribunal Act and any regulations or rules under that Act, as they read on the date this section comes into force, or as they may be amended from time to time, apply to the proceeding.
42 (1) Despite the Civil Resolution Tribunal Act but subject to subsection (2), a grandparented proceeding must be conducted in accordance with the Civil Resolution Tribunal Act and any regulations or rules under that Act, as they read immediately before the date this section comes into force.
(2) If, on judicial review of a final decision of the tribunal, the court refers a matter back to the tribunal, the court may order that the Civil Resolution Tribunal Act and any regulations or rules under that Act, as they read on the date of the court's decision, or as they may be amended from time to time, apply to the matter.
Court Rules Act
43 Section 1 of the Court Rules Act, R.S.B.C. 1996, c. 80, is amended
(a) in subsection (2) by adding the following paragraph:
(i) all matters arising, in relation to court process, as a result of the Civil Resolution Tribunal Act or any regulation or rule under that Act, including providing that a decision of the civil resolution tribunal be treated like an offer to settle for penalty purposes. , and
(b) by adding the following subsection:
(6.1) In addition, in relation to the Provincial Court, the rules may make provision for an application, other than a claim under the Small Claims Act, arising under an enactment that gives the Provincial Court jurisdiction to determine the application.
Small Claims Act
44 Section 3 of the Small Claims Act, R.S.B.C. 1996, c. 430, is amended by adding the following subsection:
(3) This section is subject to sections 14.1 and 56.3 of the Civil Resolution Tribunal Act.
Strata Property Act
45 Section 112 (1) of the Strata Property Act, S.B.C. 1998, c. 43, as amended by section 97 of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, is amended by striking out "or before a tribunal proceeding is started under section 12 of the Civil Resolution Tribunal Act in respect of the collection of money from an owner or tenant" and substituting "or before an initiating notice is given by the tribunal under section 6 (1) of the Civil Resolution Tribunal Act in respect of the collection of money from an owner or tenant".
46 Section 114 (1) (b) (ii), as enacted by section 98 of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, is repealed and the following substituted:
(ii) an initiating notice has been given under section 6 of the Civil Resolution Tribunal Act, or .
47 Section 178.1, as enacted by section 104 of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, is repealed and the following substituted:
178.1 (1) Subject to subsection (2), a dispute must not be referred to arbitration under section 177 (1) or (2) of this Act once an initiating notice has been given under section 6 of the Civil Resolution Tribunal Act in relation to the dispute.
(2) A dispute may be referred to arbitration under section 177 (1) or (2) if the civil resolution tribunal notifies the parties of its refusal to resolve the dispute.
48 Sections 189.1 to 189.3 and 189.5, as enacted by section 105 of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, are repealed and the following substituted:
189.1 (1) Subject to subsection (2), a strata corporation, owner or tenant may make a request under section 4 of the Civil Resolution Tribunal Act asking the civil resolution tribunal to resolve a dispute concerning any strata property matter over which the civil resolution tribunal has jurisdiction.
(2) An owner or tenant may not make a request referred to in subsection (1) unless
(a) the owner or tenant requested a council hearing under section 34.1, or
(b) the civil resolution tribunal, on request by the strata corporation, owner or tenant, directs that the requirements of paragraph (a) of this subsection do not apply.
49 The following section is added to Division 5 of Part 10, as enacted by section 105 of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25:
189.6 (1) If the Supreme Court determines that all matters in a proceeding before it are within the jurisdiction of the civil resolution tribunal, the Supreme Court must dismiss the proceeding unless it is not in the interests of justice and fairness for the civil resolution tribunal to resolve the dispute.
(2) When deciding whether it is in the interests of justice and fairness for the civil resolution tribunal to resolve a dispute under this section, the Supreme Court may consider the following:
(a) whether the use of electronic tools in the process of the civil resolution tribunal would be unfair to one or more parties in a way that cannot be accommodated by the civil resolution tribunal;
(b) whether an issue raised by the dispute is of such public interest or importance that the dispute would benefit from being resolved by the Supreme Court to establish a precedent;
(c) whether an issue raised by the dispute relates to the constitution or the Human Rights Code;
(d) whether an issue raised by the dispute is sufficiently complex to benefit from being resolved by the Supreme Court;
(e) whether all of the parties to the dispute agree that the dispute should be resolved by the Supreme Court;
(f) whether the claim should be heard together with a claim currently before the Supreme Court.
50 This Act comes into force by regulation of the Lieutenant Governor in Council.