The following electronic version is for informational purposes only.
The printed version remains the official version.
Certified correct as passed Third Reading on the 7th day of May, 2018
Craig James, Clerk of the House
HONOURABLE DAVID R. P. EBY
ATTORNEY GENERAL
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 The Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, is amended by adding the following heading after the heading for Part 1 and before section 1:
Division 1 – Definitions and Interpretation .
2 Section 1 is amended
(a) by renumbering the section as section 1 (1),
(b) in subsection (1) by adding the following definitions:
"accident claim" means a claim over which the tribunal has jurisdiction under Division 7 [Accident Claims] of Part 10 [Tribunal Jurisdiction];
"applicable Act" means the enactment referred to in section 2.1 in relation to a claim category;
"claim category" means a category of claims referred to in section 2.1;
"continue" includes the continuation or the transfer, as the case may be, of a claim in a court;
"cooperative association claim" means a claim over which the tribunal has jurisdiction under Division 5 [Cooperative Association Claims] of Part 10;
"court" means the Supreme Court or Provincial Court having jurisdiction;
"default" includes the following circumstances:
(a) if a party fails to comply with section 7 [giving and responding to initiating notice];
(b) if section 36 [referral to tribunal for non-compliance] or section 52 [tribunal may hear or dismiss claims or dispute if party does not participate] applies;
"exclusive jurisdiction" means the jurisdiction of the tribunal in respect of certain claims, under section 115 [exclusive jurisdiction of tribunal – privative clause];
"referenced claim" means a claim over which the tribunal has jurisdiction under Division 2 [Referenced Claims] of Part 10;
"society claim" means a claim over which the tribunal has jurisdiction under Division 6 [Society Claims] of Part 10;
"specialized expertise" means the expertise that the tribunal is to be considered to have in respect of certain claims, under section 116 [specialized expertise of tribunal]; ,
(c) in subsection (1) in the definition of "strata property claim" by striking out "under section 3.6 [strata property claims within jurisdiction of tribunal]" and substituting "under Division 4 [Strata Property Claims] of Part 10",
(d) in subsection (1) by repealing the definition of "tribunal small claim" and substituting the following:
"tribunal small claim" means a claim over which the tribunal has jurisdiction under Division 3 [Tribunal Small Claims] of Part 10, but does not include any other claim category; , and
(e) by adding the following subsections:
(2) A claim that may be either a tribunal small claim or a claim in another claim category within the jurisdiction of the tribunal is to be adjudicated as the claim category that is not a tribunal small claim.
(3) For the purposes of this Act, the tribunal has exclusive jurisdiction in respect of a claim if the claim is in a claim category in respect of which the applicable Division of Part 10 provides that the tribunal has exclusive jurisdiction.
(4) For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of a claim if the claim is in a claim category in respect of which the applicable Division of Part 10 provides that the tribunal is to be considered to have specialized expertise.
3 The following heading is added after section 1:
Division 2 – Tribunal Mandate .
4 The following section is added:
2.1 The tribunal may, in accordance with this Act, adjudicate the following claim categories:
(a) claims in relation to a relevant enactment, under Division 2 [Referenced Claims] of Part 10 [Tribunal Jurisdiction];
(b) claims in relation to the Small Claims Act, under Division 3 [Tribunal Small Claims] of Part 10;
(c) claims in relation to the Strata Property Act, under Division 4 [Strata Property Claims] of Part 10;
(d) claims in relation to the Cooperative Association Act, under Division 5 [Cooperative Association Claims] of Part 10;
(e) claims in relation to the Societies Act, under Division 6 [Society Claims] of Part 10;
(f) claims in respect of accidents, as defined in section 132 [definitions for Division – accident claims], under Division 7 [Accident Claims] of Part 10.
5 Part 1.1 is repealed.
6 Section 4 is amended
(a) by adding the following subsection:
(1.1) A person may not make a request for tribunal resolution if
(a) the applicable Act in respect of the claim describes a class of persons who may make a request for tribunal resolution, and
(b) the person is not in the described class of persons. , and
(b) by repealing subsection (3).
7 Section 6 is amended by adding the following subsection:
(1.1) The tribunal may give an amended initiating notice.
8 Section 7 (3) is amended
(a) by striking out "must",
(b) by repealing paragraph (a) and substituting the following:
(a) must give the initiating party notice that none of the persons served, or deemed to have been served, made a response, and , and
(c) in paragraph (b) by adding "may," before "subject to".
9 Section 9 is repealed and the following substituted:
9 (1) The government may not be a party to a tribunal proceeding unless the tribunal proceeding is in relation to
(a) a claim over which the tribunal has exclusive jurisdiction,
(b) an accident claim, or
(c) a claim in a class of claims that is prescribed by regulation.
(2) If the government is a responding party to a tribunal proceeding referred to in subsection (1), the Crown Proceeding Act applies.
10 Section 11 (1) is repealed and the following substituted:
(1) The tribunal may refuse to resolve a claim or a dispute within its jurisdiction if it considers that any of the following apply:
(a) the claim or the dispute
(i) would be more appropriate for another legally binding process or dispute resolution process, or
(ii) 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 the 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 the dispute may involve a constitutional question or the application of the Human Rights Code;
(e) the tribunal is satisfied that it has been established, on the basis of satisfactory evidence, that the claim or the dispute is beyond the jurisdiction of the tribunal.
11 Sections 12.1 and 12.3 are repealed.
12 The following sections are added:
13.1 The basic limitation period and the ultimate limitation period under the Limitation Act that are applicable to a claim do not run after a request is made under section 4 [asking the tribunal to resolve a claim] of this Act for the tribunal to resolve the claim.
13.2 Unless the court orders otherwise, a party may not bring or continue a claim in a court, which claim may be brought or continued under section 16.4 (1) [bringing or continuing claim in court], more than 28 days after whichever of the following dates is applicable:
(a) the date on which the party receives notice of the tribunal's decision
(i) not to give an initiating notice under section 6 [initiating notice],
(ii) refusing to resolve the claim under
(A) section 10 [claims to be resolved must be within tribunal authority], or
(B) section 11 [general authority for tribunal to refuse to resolve claim or dispute], or
(iii) declining jurisdiction in respect of the claim under section 114 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code];
(b) the date of a court order under section 16.2 [court may order that tribunal not adjudicate claim] that the tribunal not adjudicate the claim.
13.3 Unless the tribunal or the court orders otherwise, a party may not make a request under section 4 [asking the tribunal to resolve a claim] asking the tribunal to resolve a claim more than 28 days after the date of a court order under section 16.1 [court must stay or dismiss certain proceedings] staying or dismissing, as applicable, a court proceeding under that section.
13.4 A time limit of 28 days established under section 13.2 or 13.3 does not run during the following periods:
(a) from the date a party requests judicial review of a decision of the tribunal until the date of the decision by the court;
(b) from the date a party files a notice of appeal of a court order that relates to the claim until the date of the decision by the court.
13 Sections 14 and 14.1 are repealed.
14 Section 15 is amended
(a) in subsection (1) by striking out "Once" and substituting "Subject to this Division, once", and
(b) in subsection (2) by adding "except as otherwise provided in this Division," after "For certainty,".
15 The following sections are added to Division 3 of Part 2:
16.1 (1) Subject to subsection (2) and section 16.4 (1) and (2) [bringing or continuing claim in court], if a court determines that all matters in a proceeding before it are within the jurisdiction of the tribunal, the court must,
(a) in the case of a claim within the exclusive jurisdiction of the tribunal, dismiss the proceeding,
(b) in the case of a claim in respect of which the tribunal is to be considered to have specialized expertise, dismiss the proceeding unless it is not in the interests of justice and fairness for the tribunal to adjudicate the claim, or
(c) in any other case, stay or dismiss the proceeding, as the court considers appropriate, unless it is not in the interests of justice and fairness for the tribunal to adjudicate the claim.
(2) Subject to section 16.4 (1) and (2), if a matter in a proceeding before a court is an accident claim within the jurisdiction of the tribunal described in section 133 (1) (c) [claims within the jurisdiction of the tribunal for accident claims] in relation to a minor injury, the court must stay the proceeding until the tribunal determines that a party has established that there is a substantial likelihood that damages will exceed the tribunal limit amount unless it is not in the interests of justice and fairness for the tribunal to make that determination.
(3) For the purposes of subsection (2), "minor injury" and "tribunal limit amount" have the same meaning as in section 132 [definitions for Division – accident claims].
16.2 (1) Subject to subsection (2), the court may order that the tribunal not adjudicate a claim that is or purports to be in one of the claim categories 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) (b) does not apply if the tribunal has exclusive jurisdiction in respect of the claim.
16.3 (1) For the purposes of sections 16.1 (1) and 16.2 (1), when deciding whether it is in the interests of justice and fairness for the tribunal to adjudicate a claim, the 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 that court to establish a precedent;
(b) whether an issue raised by the claim or dispute relates to a constitutional question or the Human Rights Code;
(c) whether an issue raised by the claim or dispute is sufficiently complex to benefit from being adjudicated by that 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 that court;
(f) whether the use of electronic communication tools in the adjudication process of the tribunal would be unfair to a party in a way that cannot be accommodated by the tribunal.
(2) For the purposes of section 16.1 (2), when deciding whether it is in the interests of justice and fairness for the tribunal to make the determination referred to in that subsection, the court may consider the principle of proportionality.
16.4 (1) Subject to this section and Division 5 [Objection to Tribunal Small Claim Decision] of Part 5 [Tribunal Resolution], a person may not bring or continue, as the case may be, a claim that is within the jurisdiction of the tribunal as a claim in a court unless one or more of the following apply:
(a) the tribunal decides not to give an initiating notice under section 6 [initiating notice];
(b) the tribunal refuses to resolve the claim under
(i) section 10 [claims to be resolved must be within tribunal authority], or
(ii) section 11 [general authority for tribunal to refuse to resolve claim or dispute];
(c) the court orders under section 16.2 that the tribunal not adjudicate the claim;
(d) the tribunal declines jurisdiction in respect of the claim under section 114 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code];
(e) the claim is a counterclaim to a notice of claim or a notice of civil claim, as applicable, filed in the court;
(f) the person is in a class of persons prescribed by regulation.
(2) A person may bring or continue, as the case may be, the following claims as an action in the Supreme Court, even if none of the circumstances referred to in subsection (1) (a) to (f) have occurred:
(a) a tribunal small claim;
(b) an accident claim described in section 133 (1) (c) [claims within jurisdiction of tribunal for accident claims], if all parties consent.
(3) If, in respect of a claim that is otherwise within the jurisdiction of the tribunal, the tribunal
(a) decides not to give an initiating notice solely for the reason that the requirement in section 6 (1) (b) has not been met, or
(b) refuses to resolve the claim solely for the reason described in section 11 (1) (b),
a party must seek judicial review of the decision before the party may file notice of the same claim in court.
16 The following section is added:
20.1 Without limiting section 20, a party may, as of right, be represented by a lawyer in a tribunal proceeding in respect of an accident claim.
17 Section 25 (1) is amended
(a) in paragraph (a) by adding "service" after "facilitated settlement", and
(b) in paragraph (b) by adding "services" after "facilitated settlement".
18 Section 32 (1) (e) is repealed and the following substituted:
(e) arrange for the preparation of expert evidence, including
(i) by requiring the parties to do this jointly,
(ii) by limiting the number of experts a party may call, or
(iii) by limiting the giving of expert evidence in respect of one or more issues in a claim to an expert appointed by the tribunal.
19 Section 46 (1) is amended by adding ", if any," after "applicable time period".
20 Section 48.1 is repealed.
21 Section 49 is amended by adding the following subsection:
(3) A requirement included in an order under subsection (1) may be subject to limits or restrictions prescribed by regulation, which may be different for different classes of claim categories, disputes, claims, issues and circumstances, as established by the regulations.
22 Section 56.1 is amended by adding the following subsection:
(2.1) Subject to subsection (2), a party may not make a notice of objection if the party has defaulted in the tribunal unless the default is set aside by the tribunal.
23 Section 56.3 (4) is repealed.
24 Division 6 of Part 5 is repealed.
25 The following Part is added:
Part 5.1 – Judicial Review of Tribunal Decisions
56.6 Section 57 [time limit for judicial review] of the Administrative Tribunals Act applies to an application for judicial review of a decision of the tribunal under this Act.
56.7 (1) The tribunal must be considered to be an expert tribunal, and section 58 (2) and (3) [standard of review with privative clause] of the Administrative Tribunals Act applies, in relation to an application for judicial review of a final decision of the tribunal in
(a) a claim within the exclusive jurisdiction of the tribunal, or
(b) a claim in respect of which the tribunal is to be considered to have specialized expertise.
(2) Subsection (1) does not apply to an application for judicial review of a final decision of the tribunal that relates to liability in an accident claim described in section 133 (1) (c) [claims within jurisdiction of tribunal for accident claims] of this Act.
(3) Section 59 [standard of review without privative clause] of the Administrative Tribunals Act applies to an application for judicial review of a final decision of the tribunal in a claim other than a claim to which subsection (1) of this section applies.
26 Section 57 is repealed and the following substituted:
57 (1) A final decision of the tribunal in relation to a claim category, other than a tribunal small claim, may be enforced by filing, in the Supreme Court, a validated copy of an order giving effect to the final decision.
(2) An order filed under subsection (1) has the same force and effect, and all proceedings may be taken on it, as if it were a judgment of the Supreme Court.
27 The following section is added:
58.2 (1) A final decision of the tribunal in relation to a claim adjudicated by the tribunal may, unless the court orders otherwise, be enforced under this Part by a person who was not a party to the claim if
(a) the claim is a strata property claim, or
(b) the person is within a prescribed class of persons.
(2) If a person referred to in subsection (1) enforces a final decision under subsection (1), the person is deemed to be a party for the purposes of this Act.
(3) Subsection (1) does not apply to a tribunal small claim.
28 Section 62 is amended
(a) in subsection (2) (g) by adding the following subparagraphs:
(i.1) respecting forms of evidence to be provided,
(ii.1) limiting the number of expert witnesses a party may call or limiting, in respect of one or more issues in a claim, the giving of expert witness evidence to an expert appointed by the tribunal, , and
(b) in subsection (4) by adding "claim categories," after "different classes of".
29 Section 85 is amended
(a) by repealing subsection (1) (d) and substituting the following:
(d) the final decisions of the tribunal under section 46 [tribunal must give final decision following hearing], except final decisions in respect of parties in default. , and
(b) in subsection (2) by adding the following paragraph:
(b.1) the final decisions of the tribunal under section 46 in respect of parties in default; .
30 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) respecting any matter for which the tribunal may make rules, including prescribing rules of practice and procedure for the tribunal;
(b) repealing or amending a rule made by the tribunal;
(c) 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];
(d) establishing a monetary amount as the maximum tribunal small claim amount for the purposes of section 118 (1) [claims within jurisdiction of tribunal for tribunal small claims];
(e) establishing a monetary amount as the tribunal limit amount for the purposes of section 132 [definitions for Division – accident claims];
(f) prescribing fees that are to be paid under this Act for services provided or anything done by the tribunal;
(g) respecting any other matter for which regulations are contemplated by this Act. ,
(b) in subsection (3) by adding "claim categories," after "for different classes of", and
(c) 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
(a) strata property claims may be different for different classes, as established by regulation, of strata lots and strata corporations, as defined in section 1 (1) of the Strata Property Act,
(b) cooperative association claims may be different for different classes, as established by regulation, of associations, as defined in section 1 (1) of the Cooperative Association Act, and
(c) society claims may be different for different classes, as established by regulation, of societies, as defined in section 1 of the Societies Act.
31 Section 112 is renumbered as section 136.
32 The following Part is added:
Part 10 – Tribunal Jurisdiction
Division 1 – General
113 The tribunal does not have jurisdiction over any of the following:
(a) a constitutional question;
(b) a claim in a class of claims prescribed by regulation as being excluded from the jurisdiction of the tribunal.
114 For the purposes of this Act, section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code] of the Administrative Tribunals Act applies to the tribunal.
115 (1) If, under section 1 (3), the tribunal has exclusive jurisdiction in respect of a claim category, or a class of claims in a claim category, the tribunal has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising under this Act or required to be determined by the tribunal under this Act, and to make any order permitted by this Act to be made, in respect of the claim category or the class of claims in the claim category.
(2) A decision of the tribunal made in a claim in respect of which the tribunal has exclusive jurisdiction is final and binding on the parties, except the decision may be judicially reviewed in accordance with section 56.7 (1) (a) [standard of review].
116 (1) If, under section 1 (4), the tribunal is to be considered to have specialized expertise in respect of a claim category, or a class of claims in a claim category, the tribunal is to be considered to have specialized expertise to inquire into, hear and determine all those matters and questions of fact, law and discretion arising under this Act or required to be determined by the tribunal under this Act, and to make any order permitted by this Act to be made, in respect of the claim category or the class of claims in the claim category.
(2) A decision of the tribunal made in a claim in respect of which the tribunal is to be considered to have specialized expertise is final and binding on the parties, except the decision may be judicially reviewed in accordance with section 56.7 (1) (b) [standard of review].
Division 2 – Referenced Claims
117 If another enactment gives the tribunal jurisdiction in relation to a claim, the provisions of this Act are subject to that enactment.
Division 3 – Tribunal Small Claims
118 (1) Except as otherwise provided in section 113 [restricted authority of tribunal] or in this Division, 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, in respect of the Small Claims Act, 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) An initiating party may adjust the initiating party's claim to fit within the maximum tribunal small claim amount prescribed under subsection (1).
(3) 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.
119 The tribunal does not have jurisdiction under this Division in a claim
(a) for libel, slander or malicious prosecution, or
(b) despite section 9 [government as party], for or against the government.
Division 4 – Strata Property Claims
120 In this Division, words and expressions have the same meaning as in the Strata Property Act or a regulation under that Act.
121 (1) Except as otherwise provided in section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction over a claim, in respect of the Strata Property Act, 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 a 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 a strata corporation, including the council, in relation to an owner or tenant;
(f) a decision of a 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) For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of claims within the jurisdiction of the tribunal under this Division.
122 (1) 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 if strata corporation decides not to repair or replace 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) the following provisions of Part 13 [Phased Strata Plans]:
(i) section 226 (1) (c) and (d) [release of security for common facilities];
(ii) section 232 [amendment of declaration to extend time for election];
(iii) section 233 [other amendments respecting Phased Strata Plan Declaration];
(iv) section 235 [orders if owner developer elects not to proceed with next phase];
(v) section 236 [order to compel completion of a phase];
(m) section 246 [order for amendment of Schedule of Unit Entitlement];
(n) the following provisions of Part 16 [Cancellation of Strata Plan and Winding Up of Strata Corporation]:
(i) section 272 [vote to cancel strata plan];
(ii) section 273.1 [confirmation by court of winding-up resolution – without liquidator];
(iii) section 278.1 [confirmation by court of winding-up resolution – with liquidator];
(iv) section 279 [order vesting authority in liquidator];
(v) section 284 [application for court order to wind up strata corporation].
(2) The tribunal does not have jurisdiction in relation to any of the following:
(a) a claim to which Part 5 [Resolving Disputes] or 5.1 [Administrative Penalties] of the Residential Tenancy Act or Part 6 [Resolving Disputes] or 6.1 [Administrative Penalties] of the Manufactured Home Park Tenancy Act applies;
(b) a claim to which all parties have agreed that the Arbitration Act will apply.
123 (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 described in section 121 (1) (e) to (g), 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 the following orders:
(a) an order requiring the sale or other disposition of a strata lot;
(b) an order in a class of orders prescribed by regulation.
Division 5 – Cooperative Association Claims
124 In this Division, words and expressions have the same meaning as in the Cooperative Association Act or a regulation under that Act.
125 (1) Except as otherwise provided in section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction in a dispute over a claim, in respect of the Cooperative Association Act, in relation to a housing cooperative or a community service cooperative, concerning one or more of the following:
(a) the interpretation or application of the Cooperative Association Act or a regulation, memorandum or rule under that Act, including a request to examine or take extracts from, or to receive a copy of, a record of an association;
(b) an action or threatened action by the association or its directors in relation to a member;
(c) a decision of the association or its directors in relation to a member.
(2) For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of claims within the jurisdiction of the tribunal under this Division.
126 (1) The tribunal does not have jurisdiction under this Division in relation to a claim that may be dealt with, by the Supreme Court, under any of the following provisions of the Cooperative Association Act:
(a) the following provisions of Part 4 [Finance]:
(i) section 66 [redeeming shares, loans to members, paying dividends];
(ii) section 67 [reduction of capital];
(b) the following provisions of Part 6 [Management]:
(i) section 79 (4) [persons disqualified as directors];
(ii) section 91 (5) [disclosure to members and investment shareholders];
(iii) section 92 [powers of court];
(iv) section 93 [court may make declaration];
(v) section 101 (2) (b) [indemnification prohibited];
(vi) section 102 [court ordered indemnification];
(c) the following provisions of Part 9 [Court Proceedings and Investigations]:
(i) section 154 [interpretation];
(ii) section 156 [court proceedings on member's or investment shareholder's application];
(iii) section 157 [court's power to restrain breach or require compliance];
(iv) section 157.1 [relief];
(v) section 157.2 [applications to court];
(vi) section 158 [court may order investigation];
(vii) section 159.3 [remedying corporate mistakes];
(d) the following provisions of Part 11 [Special Purpose Associations]:
(i) section 172 [court order of possession – application by housing cooperative];
(ii) section 172.1 [court order of possession – application by member];
(iii) section 175 [breach of contract].
(2) The tribunal does not have jurisdiction under this Division in relation to a claim that is in respect of any of the following matters or provisions of the Cooperative Association Act:
(a) a matter relating to the termination of membership in the association, including under the following:
(i) sections 34 to 39 [provisions relating to termination of membership];
(ii) section 171 [right to possession terminated];
(b) a matter relating to the winding up, liquidation, dissolution or restoration of an association, including under the following:
(i) section 173 [special provisions on dissolution or winding up of a housing cooperative];
(ii) section 178.1 [community service cooperative];
(iii) Part 14 [Winding up, Dissolution and Restoration];
(c) Part 7 [Auditors];
(d) Part 10 [Dissent];
(e) Part 13 [Continuation, Amalgamation];
(f) Part 16 [Administration].
(3) The tribunal does not have jurisdiction under this Division in relation to any of the following:
(a) a claim that is an appeal of a direction, decision, order, ruling or refusal of the registrar;
(b) a claim to which Part 5 [Resolving Disputes] or 5.1 [Administrative Penalties] of the Residential Tenancy Act applies or Part 6 [Resolving Disputes] or 6.1 [Administrative Penalties] of the Manufactured Home Park Tenancy Act applies;
(c) a claim to which all parties have agreed that the Arbitration Act will apply.
127 (1) In resolving a cooperative association claim, the tribunal may make one or more of the following orders:
(a) an order requiring a party to do something, including requiring the association to provide access to, or a copy of, a record of the association;
(b) an order requiring a party to refrain from doing something;
(c) an order requiring a party to pay money.
(2) In resolving a cooperative association claim brought to the tribunal under section 125 (1) (b) or (c), the tribunal may make an order directed at the association or its directors, if the order is necessary to prevent or remedy an unfairly prejudicial action or decision.
(3) Despite subsections (1) and (2), the tribunal may not make the following orders:
(a) an order requiring the sale or other disposition of real property;
(b) an order in a class of orders prescribed by regulation.
Division 6 – Society Claims
128 In this Division, words and expressions have the same meaning as in the Societies Act or a regulation under that Act.
129 (1) Except as otherwise provided in section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction in a dispute over a claim, in respect of the Societies Act, concerning one or more of the following:
(a) the interpretation or application of the Societies Act or a regulation, constitution or bylaw under that Act, including a request to inspect, or to receive a copy of, a record of a society;
(b) an action or threatened action by the society or its directors in relation to a member;
(c) a decision of the society or its directors in relation to a member.
(2) For the purposes of this Act, the tribunal is to be considered to have specialized expertise in respect of claims within the jurisdiction of the tribunal under this Division.
130 (1) The tribunal does not have jurisdiction under this Division in relation to a claim that may be dealt with, by the Supreme Court, under any of the following provisions of the Societies Act:
(a) the following provisions of Part 5 [Management]:
(i) section 44 (3) [persons qualified to be directors];
(ii) section 58 [validity of contracts];
(iii) section 59 [directors' liability for money or other property distributed];
(iv) section 65 (2) [indemnification or payment prohibited];
(b) section 80 [powers of court respecting general meetings];
(c) Part 8 [Remedies];
(d) the following provisions of Part 12 [Special Societies]:
(i) section 193 [altering constitution to become member-funded society];
(ii) section 194 [other restrictions on becoming member-funded society];
(iii) section 205 [injunction].
(2) The tribunal does not have jurisdiction under this Division in relation to a claim that is in respect of any of the following matters or provisions of the Societies Act:
(a) a matter relating to the termination of membership in the society;
(b) a matter relating to the liquidation, dissolution or restoration of a society, including under Part 10 [Liquidation, Dissolution and Restoration], except section 143 (1) (b) [duties of liquidator];
(c) Part 7 [Corporate Reorganizations];
(d) Part 9 [Audit].
(3) The tribunal does not have jurisdiction under this Division in relation to any of the following:
(a) a claim that is an appeal of a direction, decision, order, ruling or refusal of the registrar;
(b) a claim to which Part 5 [Resolving Disputes] or 5.1 [Administrative Penalties] of the Residential Tenancy Act applies or Part 6 [Resolving Disputes] or 6.1 [Administrative Penalties] of the Manufactured Home Park Tenancy Act applies;
(c) a claim to which all parties have agreed that the Arbitration Act will apply.
131 (1) In resolving a society claim, the tribunal may make one or more of the following orders:
(a) an order requiring a party to do something, including requiring the society to provide access to, or a copy of, a record of the society;
(b) an order requiring a party to refrain from doing something;
(c) an order requiring a party to pay money.
(2) In resolving a society claim brought to the tribunal under section 129 (1) (b) or (c), the tribunal may make an order directed at the society or its directors, if the order is necessary to prevent or remedy an unfairly prejudicial action or decision.
(3) Despite subsections (1) and (2), the tribunal may not make the following orders:
(a) an order requiring the sale or other disposition of real property;
(b) an order in a class of orders prescribed by regulation.
Division 7 – Accident Claims
132 In this Division:
"accident",
(a) except in respect of the benefits referred to in section 133 (1) (a), has the same meaning as in section 101 [definitions and interpretation] of the Insurance (Vehicle) Act, or
(b) in respect of the benefits referred to in section 133 (1) (a) of this Act, has the same meaning as in section 1.1 [definitions] of the Insurance (Vehicle) Act;
"benefits" has the same meaning as in section 1.1 of the Insurance (Vehicle) Act;
"minor injury" has the same meaning as in section 101 of the Insurance (Vehicle) Act;
"tribunal limit amount" means the amount prescribed by regulation as the maximum amount that the tribunal may award in an accident claim in accordance with section 133 (1) (c) of this Act.
133 (1) Except as otherwise provided in section 113 [restricted authority of tribunal] or in this Division, the tribunal has jurisdiction in a dispute, in respect of an accident, over a claim concerning one or more of the following:
(a) the determination of entitlement to benefits paid or payable under the Insurance (Vehicle) Act;
(b) the determination of whether an injury is a minor injury for the purposes of the Insurance (Vehicle) Act;
(c) liability and damages, if the amount, excluding interest and any expenses referred to under section 49 [order for payment of expenses], is less than or equal to the tribunal limit amount.
(2) For the purposes of this Act, the tribunal
(a) has exclusive jurisdiction in respect of claims described in subsection (1) (a) or (b) of this section, and
(b) is to be considered to have specialized expertise in respect of claims described in subsection (1) (c) of this section.
(3) For certainty, a person may make a request for tribunal resolution in more than one tribunal proceeding relating to an accident.
134 (1) The tribunal does not have jurisdiction in relation to a claim that may be dealt with, by a court, under any of the following provisions of the Insurance (Vehicle) Act:
(a) section 18 (2) [financial responsibility in other provinces];
(b) section 42.1 [offence];
(c) section 68 [relief from forfeiture];
(d) section 77 (2), (8) and (9) [rights of insurer];
(e) section 78 [payment of insurance money into court];
(f) section 79 [defence if more than one contract].
(2) The tribunal does not have jurisdiction in relation to the following:
(a) a claim relating to liability and damages claimed under the Family Compensation Act in respect of a death;
(b) a claim to which the Arbitration Act applies.
135 (1) It is presumed that the amount, excluding interest and any expenses referred to in section 49 [order for payment of expenses], that will be awarded for a minor injury in an accident claim described in section 133 (1) (c) is less than or equal to the tribunal limit amount unless a party establishes on the basis of satisfactory evidence that there is a substantial likelihood that the damages will exceed the tribunal limit amount.
(2) If a case manager, during case management, or the tribunal, during a tribunal proceeding, determines that the damages in an accident claim described in section 133 (1) (c) would likely exceed the tribunal limit amount,
(a) subject to the rules, the case manager or the tribunal may, on request of all parties to a dispute, provide to the parties a non-binding neutral evaluation of the likely amount of damages, and
(i) the parties may not disclose the evaluation
(A) to the court, or
(B) if the evaluation is provided by the case manager, to the tribunal, and
(ii) the parties may request a dismissal order in accordance with section 22 [parties may request consent dismissal order], or
(b) a party may request that the claim be continued in the Supreme Court.
(3) For certainty, subsections (1) and (2) do not limit the tribunal's authority to refuse to resolve a claim that is not within the tribunal's jurisdiction.
(4) If a party brings or continues any proceeding in the Supreme Court in respect of liability and damages in relation to an accident and the settlement or award is less than the tribunal limit amount, the costs, including disbursements, that may be ordered are limited to an amount that would have been permitted in the tribunal proceeding by order of payment of expenses under section 49 [order for payment of expenses].
33 (1) Despite the Civil Resolution Tribunal Act or any other Act, the Lieutenant Governor in Council may make regulations as follows:
(a) respecting any matter that the Lieutenant Governor in Council considers is not provided for, or is not sufficiently provided for, in the amendments to the Civil Resolution Tribunal Act, or in amendments to any other Act, enacted by this Act;
(b) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of more effectively bringing into operation the amendments to the Civil Resolution Tribunal Act, or amendments to any other Act, enacted by this Act;
(c) making provisions that the Lieutenant Governor in Council considers appropriate for the purpose of preventing, minimizing or otherwise addressing any transitional difficulties encountered in bringing into effect the amendments to the Civil Resolution Tribunal Act, or amendments to any other Act, enacted by this Act, including, without limitation, provisions making an exception to or a modification of a provision in an enactment or providing for the application or continued application of a previous enactment;
(d) resolving any errors, inconsistencies or ambiguities arising in amendments to the Civil Resolution Tribunal Act, or in amendments to any other Act, enacted by this Act.
(2) A regulation under subsection (1) may be made retroactive to the date this section comes into force or a later date and, if made retroactive, is deemed to have come into force on the specified date.
(3) To the extent of any conflict between a regulation under subsection (1) and another enactment, the regulation prevails.
(4) This section and any regulations made under this section are repealed on April 1, 2021 or an earlier date prescribed by the Lieutenant Governor in Council.
Civil Resolution Tribunal Amendment Act, 2015
34 The Civil Resolution Tribunal Amendment Act, 2015, S.B.C. 2015, c. 16, is repealed.
Cooperative Association Act
35 Section 154 of the Cooperative Association Act, S.B.C. 1999, c. 28, is amended by adding "Divisions 1 to 3 of" after "For the purposes of".
36 The following Division is added to Part 9:
Division 4 – Civil Resolution Tribunal
159.4 In this Division:
"civil resolution tribunal" means the Civil Resolution Tribunal established under the Civil Resolution Tribunal Act;
"cooperative association claim" has the same meaning as in the Civil Resolution Tribunal Act;
"housing or community service cooperative" means a housing cooperative or a community service cooperative.
159.5 (1) A housing or community service cooperative, or a member of a housing or community service cooperative, may make a request under section 4 of the Civil Resolution Tribunal Act asking the civil resolution tribunal to resolve a dispute concerning a cooperative association claim.
(2) A person, other than a person referred to in subsection (1), who claims
(a) to be entitled, under section 130 of this Act, to examine and take extracts from a record of a housing or community service cooperative,
(b) to be entitled, under section 132 of this Act, to receive a copy of a record of a housing or community service cooperative, or
(c) to be entitled, under section 133 of this Act, to obtain a record in relation to a housing or community service cooperative
may make a request under section 4 of the Civil Resolution Tribunal Act asking the civil resolution tribunal to resolve a dispute concerning a cooperative association claim that relates to the person examining, taking extracts from, receiving a copy of or obtaining the record.
(3) A request under section 4 of the Civil Resolution Tribunal Act may not be made with respect to any matter relating to the termination of membership in a housing or community service cooperative, including under sections 34 to 39 and 171 of this Act.
37 Section 208 is amended
(a) in subsection (1) by striking out "Arbitration" and substituting "Subject to subsection (7), arbitration",
(b) in subsection (6) by striking out "or" at the end of paragraph (a) and by adding the following paragraphs:
(c) has been decided by the civil resolution tribunal under the Civil Resolution Tribunal Act, or
(d) is a claim that is being adjudicated by the civil resolution tribunal under the Civil Resolution Tribunal Act. , and
(c) by adding the following subsection:
(7) Arbitration in respect of a dispute must not be commenced under subsection (1) once an initiating notice has been given under section 6 of the Civil Resolution Tribunal Act in relation to the dispute, unless the civil resolution tribunal has notified the parties of its refusal to resolve the dispute.
Crown Proceeding Act
38 The Crown Proceeding Act, R.S.B.C. 1996, c. 89, is amended by adding the following section:
5.1 (1) In this section, "civil resolution tribunal" means the Civil Resolution Tribunal established under the Civil Resolution Tribunal Act.
(2) Without limiting section 4, but subject to subsections (4) and (5) of this section and to section 9 [government as party] of the Civil Resolution Tribunal Act, claims may be resolved or adjudicated against the government in the civil resolution tribunal.
(3) Subject to this Act, all proceedings against the government in the civil resolution tribunal must be instituted and proceeded with under the Civil Resolution Tribunal Act.
(4) Nothing in this Act extends the jurisdiction of the civil resolution tribunal beyond the jurisdiction available to it under the Civil Resolution Tribunal Act.
(5) In a proceeding against the government under the Civil Resolution Tribunal Act, the civil resolution tribunal does not have jurisdiction over
(a) a matter for which notice under section 8 of the Constitutional Question Act is required, or
(b) a matter involving the Canadian Charter of Rights and Freedoms.
Insurance (Vehicle) Act
39 Section 1 (1) of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is amended by adding the following definition:
"action" includes proceedings brought in the civil resolution tribunal as an accident claim under the Civil Resolution Tribunal Act; .
40 Section 20 (1) is amended by adding the following definition:
"court" includes the civil resolution tribunal in respect of accident claims under the Civil Resolution Tribunal Act; .
41 Section 24 (13) is repealed and the following substituted:
(13) In this section:
"court" includes the civil resolution tribunal in respect of accident claims under the Civil Resolution Tribunal Act;
"owner", in relation to a motor vehicle, includes a lessee.
42 The following section is added:
74.1 In sections 83, 84 and 86, "court" includes the civil resolution tribunal in respect of applicable accident claims under the Civil Resolution Tribunal Act.
Negligence Act
43 The Negligence Act, R.S.B.C. 1996, c. 333, is amended by adding the following section:
9 In this Act, "action" includes proceedings brought in the civil resolution tribunal under the Civil Resolution Tribunal Act.
Parental Liability Act
44 Section 1 of the Parental Liability Act, S.B.C. 2001, c. 45, is amended by adding the following definition:
"action" includes proceedings brought in the civil resolution tribunal under the Civil Resolution Tribunal Act; .
Societies Act
45 The Societies Act, S.B.C. 2015, c. 18, is amended by adding the following Division to Part 8:
Division 3 – Civil Resolution Tribunal
109.1 In this Division:
"civil resolution tribunal" means the Civil Resolution Tribunal established under the Civil Resolution Tribunal Act;
"society claim" has the same meaning as in the Civil Resolution Tribunal Act.
109.2 (1) A society, or a member of a society, may make a request under section 4 [asking the tribunal to resolve a claim] of the Civil Resolution Tribunal Act asking the civil resolution tribunal to resolve a dispute concerning a society claim.
(2) A person, other than a person referred to in subsection (1), who claims
(a) to be entitled, under section 24 [inspection of records] of this Act, to inspect a record of a society,
(b) to be entitled, under section 27 [copies of records] of this Act, to receive a copy of a record of a society, or
(c) to be entitled, under section 28 [copies of financial statements] of this Act, to receive a copy of a record of a society
may make a request under section 4 of the Civil Resolution Tribunal Act asking the civil resolution tribunal to resolve a dispute concerning a society claim that relates to the person inspecting or receiving a copy of the record.
(3) A person may make a request in accordance with subsection (1) or (2) whether or not the person has applied to the registrar for an order under section 107 [registrar or court may order access or copies] of this Act.
(4) Nothing in this section or the Civil Resolution Tribunal Act limits a person's right to apply to the registrar for an order under section 107 of this Act.
(5) A request under section 4 of the Civil Resolution Tribunal Act may not be made with respect to any matter relating to the termination of membership in a society.
Strata Property Act
46 Section 35 (2) (h) of the Strata Property Act, S.B.C. 1998, c. 43, is amended by adding ", or of the civil resolution tribunal," after "an arbitrator or judge".
47 Section 189.6 is repealed.
Workers Compensation Act
48 Section 1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended by adding the following definition:
"action" includes proceedings brought in the civil resolution tribunal under the Civil Resolution Tribunal Act; .
49 This Act comes into force by regulation of the Lieutenant Governor in Council.