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CIVIL RESOLUTION TRIBUNAL ACT

[SBC 2012] CHAPTER 25

Assented to May 31, 2012

Contents

Part 1 — Definitions and Tribunal Mandate

Division 1 — Definitions and Interpretation

1 Definitions and interpretation

Division 2 — Tribunal Mandate

2 Civil Resolution Tribunal mandate and role

2.1 General authority of tribunal — claim categories

 3 Repealed

Part 1.1

Division 1

3.1 Repealed

3.2-3.4 Not in force

Division 2-4

3.5-3.8 Repealed

Part 2 — How to Bring a Matter to the Tribunal

Division 1 — Initiating a Claim

4 Asking the tribunal to resolve a claim

5 Use of online dispute resolution services may be required before request accepted
 6 Initiating notice

7 Giving and responding to initiating notice

8 Repealed

9 Government as party

10 Claims to be resolved must be within tribunal authority

11 General authority for tribunal to refuse to resolve claim or dispute

12 Repealed

12.1 Repealed

12.2 Not in force

12.3 Repealed

Division 2 — Limitation Period

 13 Limitation period

13.1 Limitation period does not run after request for tribunal resolution

13.2 Time limit — certain claims brought or continued in court

13.3 Time limit — court determination about matters within jurisdiction of tribunal

13.4 Time limit — suspension during certain court processes

13.5 Time limit — determination of extent of responsibility for accident

14 Repealed

Division 3 — Relationship with Other Proceedings

14.1 Repealed

15 Restrictions in relation to court and other proceedings — when tribunal proceeding starts

16 Repealed
 16.1 Court must stay or dismiss certain proceedings

16.2 Court may order that tribunal not adjudicate claim

16.3 Considerations in the interest of justice and fairness

16.4 Bringing or continuing claim in court

Part 3 — Tribunal Proceedings Generally

17 Tribunal proceeding processes

18 Nature of tribunal proceeding

19 Use of electronic communication tools

20 General rule that parties to represent themselves

20.1 Lawyer representation in respect of accident claims or intimate image protection claims

21 Repealed
 22 Parties may request consent dismissal order

Part 4 — Case Management Phase

Division 1 — Case Manager Responsibilities

23 Case manager role

24 Case managers assigned to dispute

Division 2 — Facilitated Settlement

25 Dispute resolution services that may be used

26 Consent resolution orders if parties resolve issues or claims by agreement

27 Case manager may provide neutral evaluation of dispute

28 Case manager may make recommendation for resolution if parties consent

29 Case manager may act as tribunal in providing direct resolution if parties agree
 30 Unresolved claims in dispute proceed to tribunal hearing

Division 3 — Preparation for Tribunal Hearing

31 Addition of appropriate parties

32 Preparation of case and evidence

33 Party may prepare summons to require other persons to provide evidence

34 Tribunal may require persons to provide evidence

Division 4 — Referral of Matters to Tribunal

35 Referral to tribunal if claim has no reasonable likelihood of success

36 Referral to tribunal for non-compliance

37 Cancellation of final decision or dismissal order under section 36

Part 5 — Tribunal Resolution

Division 1 — Tribunal Hearings

38 General tribunal authority in conducting hearings

39 How tribunal hearings are conducted

40 Notice of hearing

41 Consent resolution orders if parties resolve issues or claims by agreement

42 Evidence in tribunal hearing

43 Repealed

44 Recording tribunal proceedings

45 Referral back to case management phase

Division 2 — Final Decision Resolving Dispute

46 Tribunal must give final decision following hearing

 47 Notice of final decision

48 Order giving effect to final decision

48.1 Repealed

49 Order for payment of expenses

50 When final decision is effective

51 Amendment of final decision or order to clarify

Division 3 — Tribunal Authority If Party Does Not Participate

52 Tribunal may hear or dismiss claims or dispute if party does not participate

53 Cancellation of final decision or dismissal order made in absence of party

Division 4

54-56 Repealed
 Division 5 — Repealed

56.1-56.4 Repealed

Division 6

56.5 Repealed

Part 5.1 — Judicial Review of Tribunal Decisions

56.6 Time limit for application for judicial review

56.7 Standard of review if tribunal has exclusive jurisdiction or specialized expertise

56.8 Standard of review — other tribunal decisions

56.9 Discretionary decision — patently unreasonable

Part 6 — Enforcement of Tribunal Orders

57 Enforcement by filing in Supreme Court

 58 Enforcement by filing in Provincial Court

58.1 Enforcement of small claims decisions

58.2 Enforcement of tribunal decision by other person

59 Cancellation of tribunal order

60 Enforcement of tribunal orders by proceeding for contempt

Part 7 — Tribunal Powers and Procedures

61 General tribunal authority in relation to tribunal proceeding

62 Rules of practice and procedure for tribunal proceedings

63 Practice directives

64 Authority to correct decisions and orders

65 Authority of tribunal members and panels

 66 Authority to administer oaths

Part 8 — Tribunal Membership and Administration

Division 1 — Appointment of Tribunal Members and Other Staff

67 Tribunal chair

68 Vice chairs and other members of the tribunal

69 Temporary tribunal members

70 Acting chair if chair absent or incapacitated

71 Acting chair if no chair appointed

72 Member's absence or incapacitation

73 Powers after resignation or expiry of term

73.1 Validity of tribunal acts

 74 Termination for cause

75 Remuneration and benefits for members

76 Other tribunal officers

77 Other persons engaged or retained by tribunal

Division 2 — Tribunal Organization and Operations

78 Authority of chair

79 Chair may establish panels

80 Assignment of case managers and tribunal panels

81 Service improvement surveys

82 Annual report by chair

Division 3 — Tribunal Duties and Protection

 83 Tribunal member duties

84 Immunity protection

Part 9 — General

Division 1 — Information and Confidentiality

85 Publication of tribunal orders and other information

86 Protection of personal information

87 Tribunal members and staff obligation of confidentiality

88 General rule: tribunal may not be required to testify or produce evidence

89 Confidentiality of online and facilitated settlement information

90 Application of Freedom of Information and Protection of Privacy Act

Division 1.1 — Clustering

 90.1 Tribunal may be clustered with other tribunals

Division 2 — Offences

91 General offence provision of Offence Act does not apply

92 Offence for providing false or misleading information

Division 3 — Regulations

93 Power to make regulations

94-110 Consequential Amendments

111 Amendments to this Act

112 Repealed

Part 10 — Tribunal Jurisdiction

Division 1 — General
 113 Restricted authority of tribunal

114 Limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights
Code

115 Exclusive jurisdiction of tribunal — privative clause

116 Specialized expertise of tribunal

Division 2 — Referenced Claims

117 Jurisdiction provided for in another enactment

Division 3 — Tribunal Small Claims

118 Claims within jurisdiction of tribunal for tribunal small claims

119 Claims beyond jurisdiction of tribunal for tribunal small claims

Division 4 — Strata Property Claims

120 Meaning of words and expressions in Division — strata property claims

 121 Claims within jurisdiction of tribunal for strata property claims

122 Claims beyond jurisdiction of tribunal for strata property claims

123 Orders available in strata property claims

123.1 Transition — appeal of certain strata property claims

Division 5 — Cooperative Association Claims

124 Meaning of words and expressions in Division — cooperative association claims

125 Claims within jurisdiction of tribunal for cooperative association claims

126 Claims beyond jurisdiction of tribunal for cooperative association claims

127 Orders available in cooperative association claims

Division 6 — Society Claims

128 Meaning of words and expressions in Division — society claims

 129 Claims within jurisdiction of tribunal for society claims

130 Claims beyond jurisdiction of tribunal for society claims

131 Orders available in society claims

Division 7 — Accident Claims

132 Definitions for Division — accident claims

133 Claims within jurisdiction of tribunal for accident claims

134 Claims beyond jurisdiction of tribunal for accident claims

135 Matters relating to tribunal limit amount

136 Transition — claims in relation to accidents

Division 8 — Intimate Image Protection Claims

136.1 Meaning of words and expressions in Division — intimate image protection claims
 136.2 Claims within jurisdiction of tribunal for intimate image protection claims

136.3 Orders available in intimate image protection claims

136.4 Disapplication and modification of certain provisions

137 Commencement

Schedule

Part 1 — Definitions and Tribunal Mandate

Division 1 — Definitions and Interpretation

Definitions and interpretation

1 (1)In this Act:

"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;

"case management" means the part of a tribunal proceeding for a dispute that is conducted
under Part 4 [Case Management Phase];

"case manager" means a tribunal member or other tribunal officer assigned responsibility in
relation to Part 4 [Case Management Phase];

"chair" means the chair of the tribunal appointed under section 67 [tribunal chair];

"child" means a person who is under 19 years of age;

"claim" includes any matter that may be resolved by the tribunal;

"claim category" means a category of claims referred to in section 2.1;

"consent resolution order" means an order of the tribunal under

(a)section 26 [consent resolution orders if parties resolve issues or claims

by agreement — case management phase], or
(b)section 41 [consent resolution orders if parties resolve issues or claims
by agreement — tribunal hearing phase];

"constitutional question" means any question that requires notice to be given under section
8 [Attorney General to be given notice of certain constitutional questions] of
the Constitutional Question Act;

"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;

"dismissal order" means an order of the tribunal under

(a)section 22 [parties may request consent dismissal order],

(b)section 35 (2) (a) [order dismissing claim that is an abuse of process],
(c)section 36 (3) (b) [order dismissing claim of non-compliant party in case
management phase], or
(d)section 52 (1) (b) [order dismissing claim if party does not participate in
tribunal hearing];

"dispute" means the claims that are to be resolved in a single tribunal proceeding;
"electronic" means created, recorded, transmitted or stored in digital or other intangible form
by electronic, magnetic or optical means or by any other similar means;

"electronic communication tools" includes a computer program, or other electronic means,

used by way of the internet or otherwise, to initiate an activity or to respond to
electronic information, records or activities in whole or in part without review by an
individual at the time of the activity or response;

"exclusive jurisdiction" means the jurisdiction of the tribunal in respect of certain claims,
under section 115 [exclusive jurisdiction of tribunal — privative clause];

"facilitated settlement" means dispute resolution services provided under Division

2 [Facilitated Settlement] of Part 4 [Case Management Phase];

"final decision" means

(a)a decision of the tribunal under section 46 (1) (a) [final decision
following tribunal hearing] resolving the claims in a dispute,
(b)a decision of the tribunal by way of a consent resolution order, or
(c)a decision of the tribunal by way of a dismissal order;

"formal written reasons", in relation to a final decision of the tribunal, means written reasons
that are identified in the reasons as being formal written reasons of the tribunal;

"initiating notice" means the notice given under section 6 (1) [initiating notice] by the
tribunal to the initiating party;

"initiating party" means the person who made the initial request for tribunal resolution under
section 4 [asking the tribunal to resolve a claim] with respect to a dispute;

"intimate image protection claim" means a claim over which the tribunal has jurisdiction
under Division 8 [Intimate Image Protection Claims] of Part 10 [Tribunal Jurisdiction];

"legally binding process" means a court proceeding or other process for seeking a remedy
that provides a legally binding decision respecting a claim;

"online dispute resolution services" means dispute resolution services that are provided by
way of electronic communication tools and are intended to assist parties in resolving a
dispute by agreement without direct assistance from a tribunal officer or person engaged
or retained by the tribunal to provide facilitated settlement;
"order giving effect to a final decision" means a tribunal order under section 46 (1)
(c) [order giving effect to final decision following hearing];

"participate", in relation to a tribunal hearing, includes participation in the hearing through

the means referred to in section 39 [how tribunal hearings are conducted] that apply to
the hearing;

"party" means an initiating party or a responding party;

"personal information" has the same meaning as in the Freedom of Information and
Protection of Privacy Act;

"practice directive" means a practice directive under section 63 [practice directives];

"referenced claim" means a claim over which the tribunal has jurisdiction under Division
2 [Referenced Claims] of Part 10;

"refusal", in relation to a claim or dispute, means a refusal by the tribunal under

(a)section 11 [general authority for tribunal to refuse to resolve claim or

dispute], or
(b)section 36 (3) (c) [tribunal may refuse to resolve claim if party does not
comply];

"request for tribunal resolution" means a request under section 4 [asking the tribunal to
resolve a claim];

"responding party" means a person who makes a response under section 7 [response];

"rules" means the rules of practice and procedure established under this Act for the tribunal;

"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];

"strata property claim" means a claim over which the tribunal has jurisdiction under
Division 4 [Strata Property Claims] of Part 10;

"tribunal" means the Civil Resolution Tribunal referred to in section 2 [Civil Resolution
Tribunal mandate and role];

"tribunal member" means

 (a)the chair,
(b)a vice chair or other tribunal member appointed under section 68 [vice
chairs and other members], or
(c)a temporary tribunal member appointed under section 69 [temporary
tribunal members];

"tribunal officer" means a tribunal member or a person appointed under section 76 [other
tribunal officers];

"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;

"validated", in relation to orders and final decisions of the tribunal, means validated in
accordance with the rules;

"vice chair" means a person appointed as a vice chair of the tribunal under
section 68 (1) [vice chairs].

(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.

Division 2 — Tribunal Mandate

Civil Resolution Tribunal mandate and role

2 (1)The Civil Resolution Tribunal is established, consisting of the chair and other
tribunal members appointed in accordance with this Act.
(2)The mandate of the tribunal is to provide dispute resolution services in relation to
matters that are within its authority, in a manner that
(a)is accessible, speedy, economical, informal and flexible,
 (b)applies principles of law and fairness, and recognizes any relationships
between parties to a dispute that will likely continue after the tribunal
proceeding is concluded,
(c)uses electronic communication tools to facilitate resolution of disputes
brought to the tribunal, and
(d)accommodates, so far as the tribunal considers reasonably practicable,
the diversity of circumstances of the persons using the services of the
tribunal.
(3)In fulfilling its mandate, the role of the tribunal is
(a)to encourage the resolution of disputes by agreement between the parties,
and
(b)if resolution by agreement is not reached, to resolve the dispute by
deciding the claims brought to the tribunal by the parties.
(4)In addition to its responsibilities in relation to disputes brought to the tribunal for
resolution, the tribunal may
(a)provide the public with information on dispute resolution processes
generally, and
(b)make its online dispute resolution services available to the public
generally.

General authority of tribunal — claim categories

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;
 (g)claims in relation to the Intimate Images Protection Act, under Division
8 [Intimate Image Protection Claims] of Part 10.

Repealed
3 [Repealed 2015-16-2.]

Part 1.1

Division 1

Repealed
3.1 [Repealed 2018-17-5.]

Not in force
3.2-3.4 [Not in force.]

Division 2-4

Repealed
3.5-3.8 [Repealed 2018-17-5.]

Part 2 — How to Bring a Matter to the Tribunal

Division 1 — Initiating a Claim

Asking the tribunal to resolve a claim

4 (1)A person who has a claim that is within the jurisdiction of the tribunal may, in
accordance with this Part, make a request to the tribunal asking the tribunal to resolve
the claim.
(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.
(2)A request for tribunal resolution must be made
(a)in a manner required or authorized under the rules, and
(b)with payment of any applicable fees for the case management phase and
the tribunal hearing phase.
 (3)[Repealed 2018-17-6.]

Use of online dispute resolution services may be required before request accepted
5 If required under the rules, before a person makes a request for tribunal resolution, the
person must attempt to resolve the dispute using online dispute resolution services provided
by the tribunal.

Initiating notice
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.
(1.1)The tribunal may give an amended initiating notice.
(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.

Giving and responding to initiating notice

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
(a)must give the initiating party notice that none of the persons served, or
deemed to have been served, made a response, and
(b)may, 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.

Repealed
8 [Repealed 2015-16-5.]

Government as party
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.

Claims to be resolved must be within tribunal authority

10 (1)The tribunal must refuse to resolve a claim that it considers is not within the
jurisdiction of the tribunal.
(2)A claim that involves
(a)one or more issues that are within the tribunal's jurisdiction, and
(b)one or more issues that are not within the tribunal's jurisdiction

may be amended to remove the issues that are not within the tribunal's jurisdiction.

General authority for tribunal to refuse to resolve claim or dispute

11 (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.
(2)The tribunal may exercise authority under this section
(a)at the time of considering a request for tribunal resolution, or
(b)in the case of a request that has been accepted, at any time before the
tribunal makes the final decision resolving the dispute.
(3)If the tribunal refuses to resolve a dispute under this section, it must notify the person
making the request or the parties, as applicable, of the refusal and the reason for the
refusal.
(4)If the tribunal refuses to resolve a dispute under this section after the tribunal
proceeding respecting the dispute has started, section 15 [restrictions in relation to
court and other proceedings — when tribunal proceeding starts] no longer applies in
relation to the claims that were to be resolved by the tribunal proceeding.

Repealed
12 [Repealed 2015-16-8.]

Repealed
12.1 [Repealed 2018-17-11.]

Not in force
12.2 [Not in force.]

Repealed
12.3 [Repealed 2018-17-11.]

Division 2 — Limitation Period

Limitation period
13 The Limitation Act applies to a claim, and, for that purpose,
(a)a reference to a claim in that Act is deemed to include a claim under this
Act, and
(b)a reference to a court proceeding in that Act is deemed to include a
tribunal proceeding.

Limitation period does not run after request for tribunal resolution
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.

Time limit — certain claims brought or continued in court

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;
(c)[Repealed 2022-6-1.]

Time limit — court determination about matters within jurisdiction of tribunal

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.
Time limit — suspension during certain court processes
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.

Time limit — determination of extent of responsibility for accident

13.5 A party may not make a request under section 4 [asking the tribunal to resolve a
claim] asking the tribunal to resolve a claim referred to in section 133 (1) (d) [determination
of extent of responsibility for accident] more than the prescribed number of days after the
date of a prescribed event.

Repealed
14 [Repealed 2018-17-13.]

Division 3 — Relationship with Other Proceedings

Repealed
14.1 (1)[Repealed 2018-17-13.]
(2)[Not in force.]

Restrictions in relation to court and other proceedings — when tribunal proceeding starts
15 (1)Subject to this Division, once a tribunal proceeding is started,
(a)a party to the tribunal proceeding may not commence, against another
party to the tribunal proceeding, a court proceeding or other legally binding
process in relation to an issue or claim that is to be resolved in the tribunal
proceeding, and
(b)if a party has already commenced a process referred to in paragraph (a)
against another party to the tribunal proceeding, the parties must adjourn or
suspend the process while the tribunal proceeding is continuing.
(2)For certainty, except as otherwise provided in this Division, nothing in this section
operates to prevent a person from commencing or continuing a legally binding process
in respect of a claim until a tribunal proceeding respecting the claim is started.

Repealed
 16 [Repealed 2015-16-13.]

Court must stay or dismiss certain proceedings

16.1 (1)Subject to subsection (2) and section 16.4 (1) and (2) [bringing or continuing
claim in court], if, in a court proceeding, the court determines that all matters 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, in a court proceeding, a party alleges that a
matter in a proceeding before the court relates to a minor injury within the jurisdiction
of the tribunal under section 133 (1) (b) or (c) [claims within jurisdiction of tribunal for
accident claims], the court must stay the proceeding until the tribunal determines, as
applicable,
(a)in the case of an accident claim under section 133 (1) (b), whether an
injury is a minor injury, and
(b)in the case of an accident claim under section 133 (1) (c), unless it is not
in the interests of justice and fairness for the tribunal to make the
determination, whether a party has established that there is a substantial
likelihood that damages will exceed the tribunal limit amount.
(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].

Court may order that tribunal not adjudicate claim

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.

Considerations in the interest of justice and fairness

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.

Bringing or continuing claim in court

16.4 (1)Subject to this section, 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;
(c.1)[Repealed 2022-6-3.]
(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 a
proceeding 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;
(c)an intimate image protection claim.
(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.

Part 3 — Tribunal Proceedings Generally

Tribunal proceeding processes

17 (1)A tribunal proceeding has two phases,
(a)the case management phase, and
(b)the tribunal hearing phase.
(2)In the case management phase, resolution by agreement between the parties is
facilitated and preparations are made for the tribunal hearing should one be required.
(3)In the tribunal hearing phase, the dispute is heard and the tribunal gives a final
decision to resolve the dispute if it is not resolved in the case management phase.
Nature of tribunal proceeding
18 A tribunal proceeding is to be conducted with as little formality and technicality and with
as much speed as permitted by the requirements of this Act, the rules and a proper
consideration of the issues in the dispute.

Use of electronic communication tools

19 The tribunal may use electronic communication tools in conducting all or part of a
tribunal proceeding, and may require or authorize parties or other persons to use electronic
communication tools provided by the tribunal in relation to tribunal proceedings or other
dispute resolution services provided by the tribunal.

General rule that parties to represent themselves

20 (1)Unless otherwise provided under this Act, the parties are to represent themselves
in a tribunal proceeding.
(2)A party may be represented by a lawyer or another individual with authority to bind
the party in relation to the dispute if
(a)the party is a child or a person with impaired capacity,
(b)the rules permit the party to be represented, or
(c)the tribunal, in the interests of justice and fairness, permits the party to be
represented.
(3)Without limiting the authority of the tribunal under subsection (2) (c), the tribunal
may consider the following as circumstances supporting giving the permission:
(a)another party is represented in the proceeding;
(b)the other parties have agreed to the representation.
(4)A person representing a party in a tribunal proceeding must be a lawyer unless
(a)the rules otherwise permit, or
(b)the tribunal is satisfied that the person being proposed to represent the
party is an appropriate person to do this.
(5)In the case of a party that is a corporation, partnership or other form of organization
or office with capacity to be a party to a court proceeding, the person acting for the party
in the tribunal proceeding must be
(a)a director, officer or partner of the party,
(b)an individual permitted under the rules, or
(c)an individual permitted by the tribunal.

Lawyer representation in respect of accident claims or intimate image protection claims

 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 or an intimate image protection claim.

Repealed
21 [Repealed 2015-16-13.]

Parties may request consent dismissal order

22 (1)On request of all parties to a dispute, made
(a)at any time during the case management phase, or
(b)at any time during the tribunal hearing phase before the tribunal gives its
final decision in the dispute,

the tribunal may make an order dismissing some or all claims in the dispute.
(2)A dismissal order under subsection (1) is a final decision of the tribunal resolving the
specified claims.

Part 4 — Case Management Phase

Division 1 — Case Manager Responsibilities

Case manager role

23 (1)The role of a case manager is to assist in the resolution of disputes, including by
(a)assisting the parties in reaching resolution by agreement through
facilitated settlement as provided in the rules,
(b)reviewing the claims in a dispute and assisting the parties in identifying
the facts relevant to resolving the dispute and the issues to be decided,
(c)so far as is practicable, determining the evidence or other information
that will assist in resolving a dispute, and
(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.
(2)In the case management phase, facilitated settlement and preparations for a tribunal
hearing may be conducted at the same time.

Case managers assigned to dispute

24 (1)The case manager for a dispute may be a tribunal member or other tribunal
officer as assigned in accordance with section 80 [assignment of case managers and
tribunal panels].
 (2)For certainty, more than one tribunal officer may act as case manager in relation to
the same dispute.

Division 2 — Facilitated Settlement

Dispute resolution services that may be used

25 (1)A case manager has authority
(a)to determine, in accordance with the rules, which facilitated settlement
service is to be used in the case management phase for a particular dispute,
and
(b)to require the parties to participate in facilitated settlement services.
(2)Facilitated settlement may be conducted in person, in writing, by telephone,
videoconferencing or email, or through use of other electronic communication tools, or
by any combination of those means.

Consent resolution orders if parties resolve issues or claims by agreement

26 (1)If, in the case management phase, the parties to a dispute reach a resolution by
agreement on any or all of the issues or claims in the dispute, they may ask the case
manager to prepare a draft consent resolution order respecting the issues or claims.
(2)If the case manager prepares a draft consent resolution order and the parties agree to
the draft order, the order is to be presented to the tribunal for approval as an order of the
tribunal.
(3)If the tribunal declines to approve a draft consent resolution order, it must provide the
parties with reasons for doing this.
(4)If the tribunal approves the draft consent resolution order, that order becomes a final
decision of the tribunal resolving the specified issues or claims.

Case manager may provide neutral evaluation of dispute

27 (1)Subject to the rules, the case manager may provide to the parties either or both of
(a)a non-binding neutral evaluation of the claims in the dispute, and
(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.
(2)Subject to sections 28 [case manager may make recommendation for resolution if
parties consent] and 29 [case manager may act as tribunal if parties consent], neither
the parties to a dispute nor the case manager may disclose to the court or tribunal any
evaluation or views provided under subsection (1).
Case manager may make recommendation for resolution if parties consent
28 (1)If the parties to a dispute consent, the case manager may make a
recommendation to the tribunal as to the final decision resolving the dispute.
(2)A recommendation may be in the form of a draft final decision, or a draft final
decision and draft order giving effect to the final decision, for consideration by the
tribunal.
(3)In hearing the dispute, the tribunal must consider, but is not required to follow, a
recommendation made under this section.

Case manager may act as tribunal in providing direct resolution if parties agree
29 (1)If the case manager for a dispute is a tribunal member, the case manager may,
during the case management phase, offer to act as the tribunal in accordance with this
section.
(2)If the parties agree to this direct resolution of any or all of the issues or claims in the
dispute, the case manager may
(a)act as the tribunal panel in resolving those issues or claims without
assignment under section 80 [assignment of case managers and tribunal
panel], and
(b)proceed to resolve the issues or claims under Division 2 [Final Decision
Resolving Dispute] of Part 5 [Tribunal Resolution], but on the basis of the
information received by the case manager and without any further case
management or hearing.

Unresolved claims in dispute proceed to tribunal hearing

30 If a claim has not been resolved during the case management phase, the claim is to
proceed to resolution by tribunal hearing.

Division 3 — Preparation for Tribunal Hearing

Addition of appropriate parties

31 (1)If the case manager considers that one or more other persons should properly be
parties to a dispute, the case manager may provide the current parties with an
opportunity to have those other persons added as parties in accordance with the rules
and with any directions by the case manager.
(2) and (3)[Repealed 2015-16-20.]

Preparation of case and evidence

 32 (1)For the purposes of preparing the dispute for resolution by the tribunal, the case
manager may direct any or all parties to do the following:
(a)provide information respecting
(i)the issues in the dispute,
(ii)the position of the parties in relation to those issues, and
(iii)the resolution that is being requested;
(b)provide evidence respecting a matter that is relevant to an issue in the
dispute, including requiring the evidence to be provided on oath or
affirmation or in a manner authorized under the rules;
(c)produce a record or other thing in the party's possession or control that is
relevant to an issue in the dispute;
(d)prepare an agreed statement of facts;
(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.
(2)The tribunal may make an order requiring compliance with a direction under this
section.

Party may prepare summons to require other persons to provide evidence

33 (1)A party to a dispute may prepare and serve a summons, in a form authorized by
the rules, requiring a person
(a)to provide evidence that is relevant to an issue in the dispute, on oath or
affirmation or in a manner authorized under the rules, by attending or
participating in the tribunal hearing or by providing the evidence for use in
the tribunal hearing, or
(b)to produce, for the tribunal, the summoning party or another party, a
record or other thing that is relevant to an issue in the dispute and is in the
person's possession or control.
(2)The authority under subsection (1) may not be exercised in relation to evidence that is
inadmissible under section 42 (2) [restriction on admitting privileged evidence].
(3)Subject to an order under section 34 (1) (f) [tribunal may require persons to provide
evidence — allocation of expenses], the party that served a summons under this section
is responsible for the expenses and witness fees that are payable in relation to the
summons.
 (4)A summons under this section may be cancelled by the tribunal in accordance with
the rules.

Tribunal may require persons to provide evidence

34 (1)The tribunal may, at any time during the case management phase or tribunal
hearing phase for a dispute, make orders as follows:
(a)requiring a party to prepare and serve a summons under section
33 [party may prepare summons to require other persons to provide
evidence];
(b)requiring a person to comply with a summons served by a party under
section 33;
(c)requiring a person to provide evidence that is relevant to an issue in the
dispute, including by requiring evidence to be provided on oath or
affirmation or in a manner authorized under the rules;
(d)requiring a person to produce a record or other thing that is relevant to an
issue in the dispute and is in the person's possession or control;
(e)in the case of an order directed at an organization, requiring any directors
or officers of the organization to cause the organization to comply with the
order;
(f)making a party responsible for, or allocating between the parties
responsibility for, the expenses and witness fees that are payable in relation
to an order under paragraph (c) or (d) or a summons under section 33.
(2)The authority under subsection (1) may not be exercised in relation to evidence that is
inadmissible under section 42 (2) [restriction on admitting privileged evidence].

Division 4 — Referral of Matters to Tribunal

Referral to tribunal if claim has no reasonable likelihood of success

35 (1)At any time in the case management phase, if the case manager considers that a
claim in a dispute has no reasonable likelihood of success or gives rise to an abuse of
process, the case manager may,
(a)if the case manager is a tribunal member, exercise tribunal authority
under this section without assignment under section 80 [assignment of case
managers and tribunal panels], and
(b)in any case, refer the claim to the tribunal.
 (2)If a claim is to be dealt with under this section, the tribunal must review the claim in
accordance with the rules and may, following the review,
(a)make an order dismissing the claim if the tribunal considers that the
claim is frivolous, vexatious or an abuse of process, or
(b)direct that the claim is to continue to be dealt with by the tribunal
proceeding.
(3)The tribunal must give reasons for dismissing a claim under subsection (2) (a).
(4)If the reasons provided under subsection (3) are not formal written reasons, the party
whose claim has been dismissed may request that the tribunal provide formal written
reasons for the decision, in which case the tribunal must provide those reasons within
the time period established by the rules.
(5)A dismissal order under subsection (2) (a) may include a requirement for payment, as
described in section 49 [order for payment of expenses], by the party who made the
claim that is being dismissed.

Referral to tribunal for non-compliance

36 (1)This section applies if a party to a dispute fails to comply with any of the
following:
(a)this Act or the regulations;
(b)the rules in relation to the case management phase for the dispute,
including any time limits specified for taking actions;
(c)an order of the tribunal made during the case management phase.
(2)The case manager may, after giving notice to the non-compliant party, refer the
dispute to the tribunal for resolution.
(3)If a dispute is referred to the tribunal under this section, the tribunal may
(a)proceed to hear the dispute in accordance with any applicable rules,
(b)make an order dismissing a claim in the dispute that is made by the non-
compliant party, or
(c)refuse to resolve a claim of the non-compliant party or refuse to resolve
the dispute.
(4)If the tribunal makes a dismissal order under subsection (3) (b),
(a)the tribunal must give reasons for the order, and
(b)the order may include a requirement for payment, as described in
section 49 [order for payment of expenses], by the party referred to in
subsection (1).
 (5)If the reasons provided under subsection (4) (a) are not formal written reasons, the
party whose claim was dismissed may request that the tribunal provide formal written
reasons for the decision, in which case the tribunal must provide those reasons within
the time period established by the rules.
(6)If the tribunal refuses under subsection (3) (c) to resolve a claim or the dispute,
(a)section 15 [restrictions in relation to court and other proceedings —
when tribunal proceeding starts] ceases to apply in relation to the claim or
dispute, as applicable,
(b)any further request for tribunal resolution in relation to a claim that was
refused may be made only with leave of the tribunal, and
(c)[Repealed 2015-16-22.]
(d)the tribunal must certify that case management of all of the claims in the
dispute is completed.

Cancellation of final decision or dismissal order under section 36

37 (1)If, under section 36 [referral to tribunal for non-compliance], the tribunal makes
(a)a final decision following a hearing, or
(b)a dismissal order respecting a claim of the non-compliant party,

that party may request that the tribunal cancel the final decision or order.
(2)A request under this section must be made in accordance with the rules and with
payment of any applicable fee.
(3)The tribunal may, in accordance with the rules, order that the final decision or
dismissal order is cancelled if satisfied that the circumstances established by the rules
apply, in which case the dispute is to be resolved by continuing the tribunal proceeding.
(4)If a final decision is cancelled under this section, the order giving effect to the final
decision is cancelled.

Part 5 — Tribunal Resolution

Division 1 — Tribunal Hearings

General tribunal authority in conducting hearings

38 The procedure for a tribunal hearing in relation to a dispute is at the discretion of the
tribunal, subject to this Act and the rules.

How tribunal hearings are conducted

 39 (1)In resolving a dispute, the tribunal may conduct a hearing in writing, by
telephone, videoconferencing or email, or through use of other electronic
communication tools, or by any combination of those means.
(2)It is not necessary for the means of communication referred to in subsection (1) to
allow all parties to the dispute to take part at the same time.
(3)The tribunal may hold an in-person hearing if the tribunal considers that the nature of
the dispute or that extraordinary circumstances make an in-person hearing necessary in
the interests of justice.
(4)Subject to an order under subsection (5), an in-person hearing must be open to the
public.
(5)The tribunal may, by order,
(a)impose restrictions on a person's continued participation in or attendance
at a tribunal hearing, and
(b)exclude a person from further participation in or attendance at a tribunal
hearing until the tribunal orders otherwise.

Notice of hearing
40 The tribunal must give notice to the parties as to the following:
(a)when the tribunal hearing is to be started;
(b)the means by which it is to be conducted;
(c)if applicable, where the hearing is to be conducted;
(d)if applicable, the times by which steps in the hearing are to be completed
and by whom;
(e)any other information required to be provided under the rules.

Consent resolution orders if parties resolve issues or claims by agreement

41 (1)If, in the tribunal hearing phase, the parties to a dispute reach a resolution by
agreement on any or all of the issues or claims in the dispute, they may ask the tribunal
to approve a consent resolution order respecting the issues or claims.
(2)If the tribunal approves the consent resolution order, that order is a final decision of
the tribunal resolving the specified issues or claims.

Evidence in tribunal hearing

42 (1)In conducting a hearing, the tribunal may do any or all of the following:
 (a)receive, and accept as evidence, information that it considers relevant,
necessary and appropriate, whether or not the information would be
admissible in a court of law;
(b)ask questions of the parties and witnesses;
(c)inform itself in any other way it considers appropriate.
(2)The tribunal is not bound by the rules of evidence, but may not admit evidence that is
inadmissible in a court because of a privilege under the law of evidence or otherwise.
(3)Unless otherwise required under the rules or by the tribunal, evidence to be provided
in a tribunal hearing may be provided in electronic form.
(4)Nothing in this section overrides the provisions of this or any other Act that expressly
limit the extent to which or purposes for which any oral testimony, information, records
or things may be admitted or used in evidence.

Repealed
43 [Repealed 2015-16-23.]

Recording tribunal proceedings

44 (1)The tribunal may make an electronic or other recording of its proceedings or
transcribe its proceedings.
(2)The tribunal's recording or transcription of a proceeding must be considered to be
correct and to constitute part of the record of the proceeding.
(3)If, by a mechanical or human failure or other accident, the recording or transcription
of a proceeding is destroyed, interrupted or incomplete, the validity of the proceeding is
not affected.

Referral back to case management phase

45 The tribunal may direct that a dispute be referred back to the case management phase if,
in the course of a tribunal hearing,
(a)the tribunal considers that one or more persons should properly be parties
to the dispute, or
(b)other circumstances established by the rules apply.

Division 2 — Final Decision Resolving Dispute

Tribunal must give final decision following hearing

46 (1)Following a tribunal hearing, the tribunal must, within the applicable time
period, if any, established by the rules,
 (a)give its final decision in resolving the claims in the dispute,
(b)give reasons for the decision, and
(c)subject to this Act and the rules, make any order the tribunal considers is
required to give effect to the decision.
(2)If an order giving effect to a final decision is given orally, a written record of the
order must be given to the parties within the time period established by the rules.
(3)If the reasons provided under subsection (1) (b) are not formal written reasons, a
party to the dispute may request that the tribunal provide formal written reasons for the
decision, in which case the tribunal must provide those reasons within the time period
established by the rules.
(4)The chair may extend a time period that is otherwise applicable under this section.

Notice of final decision

47 The tribunal must, within the applicable time period referred to in section 46 (1) [tribunal
must give final decision following hearing],
(a)if the final decision is not given orally, give notice of the final decision to
all parties to the dispute, and
(b)in all cases, provide the parties with access to, or a copy of, the final
decision and any order giving effect to the final decision.

Order giving effect to final decision

48 (1)The tribunal may make an order giving effect to a final decision on terms and
conditions the tribunal considers appropriate.
(2)If an order referred to in subsection (1) includes an order for the payment of money,
the order must set out the principal amount payable.
(3)The Court Order Interest Act applies to the tribunal as if it were a court.
(4)The tribunal may make an order varying the terms and conditions of an order giving
effect to a final decision, but may not vary the final decision.
(5)[Repealed 2022-6-4.]

Repealed
48.1 [Repealed 2018-17-20.]

Order for payment of expenses

49 (1)An order under section 48 [order giving effect to final decision] may include a
requirement for one party to pay to 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)For certainty, expenses and charges referred to in subsection (1) (b) include amounts
payable under
(a)section 33 (3) [party may prepare summons to require other persons to
provide evidence], or
(b)section 34 (1) (f) [tribunal may require persons to provide evidence —
allocation of expenses].
(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, parties, insurers and circumstances, as
established by the regulations.

When final decision is effective

50 Unless otherwise specified by the tribunal, a final decision under section 46 [final
decision following hearing] is effective,
(a)in the case of a final decision given orally, when it is given, and
(b)in the case of a final decision given other than orally, on the date that
notice is given under section 47 [notice of final decision].

Amendment of final decision or order to clarify

51 (1)Subject to the rules, the tribunal may amend
(a)a final decision under section 46 [final decision following hearing], or
(b)an order giving effect to a final decision

for the purpose of clarifying the decision or order.

(2)The tribunal may not amend a final decision or order referred to in subsection (1)
other than as provided under this section, section 48 (4) [order giving effect to final
decision — authority to vary terms and conditions] or section 64 [authority to correct
decisions and orders].
(3)This section must not be construed as limiting the tribunal's ability, on request of a
party, to reopen a tribunal proceeding in order to cure a jurisdictional defect.

Division 3 — Tribunal Authority If Party Does Not Participate

Tribunal may hear or dismiss claims or dispute if party does not participate
52 (1)If a party does not attend or otherwise participate in a tribunal hearing at a time
set for the hearing, the tribunal may
(a)proceed to hear and resolve the dispute in accordance with any
applicable rules, or
(b)make an order dismissing a claim in the dispute that is made by the non-
participating party.
(2)If the tribunal makes a dismissal order under subsection (1) (b),
(a)the tribunal must give reasons for the order, and
(b)the order may include a requirement for payment, as described in
section 49 [order for payment of expenses], by the non-participating party
referred to in subsection (1) of this section.
(3)If the reasons provided under subsection (2) (a) are not formal written reasons, the
party whose claim was dismissed may request that the tribunal provide formal written
reasons for the decision, in which case the tribunal must provide those reasons within
the time period established by the rules.

Cancellation of final decision or dismissal order made in absence of party

53 (1)If, under section 52 [tribunal may hear or dismiss claims or dispute if party does
not participate], the tribunal makes
(a)a final decision following a hearing, or
(b)a dismissal order respecting a claim of the non-participating party,

that party may request that the tribunal cancel the final decision or order.
(2)A request under this section must be made in accordance with the rules and with
payment of any applicable fee.
(3)The tribunal may, in accordance with the rules, cancel the final decision or dismissal
order if satisfied that the circumstances established by the rules apply, in which case the
dispute is to be resolved by continuing the tribunal proceeding.
(4)If a final decision is cancelled, the order giving effect to the final decision is
cancelled.

Division 4

Repealed
54-56 [Repealed 2015-16-26.]
 Division 5 — Repealed

Repealed
56.1-56.4 [Repealed 2022-6-6.]

Division 6

Repealed
56.5 [Repealed 2018-17-24.]

Part 5.1 — Judicial Review of Tribunal Decisions

Time limit for application for judicial review

56.6 (1)An application for judicial review of a decision of the tribunal must be
commenced within 60 days of the date the decision is given.
(2)Despite subsection (1), either before or after expiration of the time, the Supreme
Court may extend the time for making the application on terms the Supreme Court
considers proper, if the Supreme Court is satisfied that
(a)there are serious grounds for relief,
(b)there is a reasonable explanation for the delay, and
(c)no substantial prejudice or hardship will result to a person affected by the
delay.

Standard of review if tribunal has exclusive jurisdiction or specialized expertise

56.7 (1)The tribunal must be considered to be an expert tribunal relative to the courts
in relation to a decision of the tribunal
(a)concerning a claim within the exclusive jurisdiction of the tribunal, or
(b)concerning a claim in respect of which the tribunal is to be considered to
have specialized expertise, other than a decision of the tribunal concerning
a claim described in section 133 (1) (c) [claims within jurisdiction of
tribunal for accident claims].
(2)On an application for judicial review of a decision of the tribunal for which the
tribunal must be considered to be an expert tribunal, the standard of review to be applied
is as follows:
(a)a finding of fact or law or an exercise of discretion by the tribunal must
not be interfered with unless it is patently unreasonable;
 (b)questions about the application of common law rules of natural justice
and procedural fairness must be decided having regard to whether, in all of
the circumstances, the tribunal acted fairly;
(c)for all matters other than those identified in paragraphs (a) and (b), the
standard of review to be applied to the tribunal's decision is correctness.

Standard of review — other tribunal decisions

56.8 (1)This section applies to an application for judicial review of a decision of the
tribunal other than a decision for which the tribunal must be considered to be an expert
tribunal under section 56.7.
(2)The standard of review to be applied to a decision of the tribunal is correctness for all
questions except those respecting
(a)a finding of fact,
(b)the exercise of discretion, or
(c)the application of common law rules of natural justice and procedural
fairness.
(3)The Supreme Court must not set aside a finding of fact by the tribunal unless
(a)there is no evidence to support the finding, or
(b)in light of all the evidence, the finding is otherwise unreasonable.
(4)The Supreme Court must not set aside a discretionary decision of the tribunal unless
it is patently unreasonable.
(5)Questions about the application of common law rules of natural justice and
procedural fairness must be decided having regard to whether, in all of the
circumstances, the tribunal acted fairly.

Discretionary decision — patently unreasonable

56.9 For the purposes of sections 56.7 (2) (a) and 56.8 (4), a discretionary decision is
patently unreasonable if the discretion
(a)is exercised arbitrarily or in bad faith,
(b)is exercised for an improper purpose,
(c)is based entirely or predominantly on irrelevant factors, or
(d)fails to take statutory requirements into account.

Part 6 — Enforcement of Tribunal Orders

Enforcement by filing in Supreme Court

 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.

Enforcement by filing in Provincial Court

58 (1)A validated copy of an order referred to in section 57 [enforcement by filing in
Supreme Court] may be filed in the Provincial Court if
(a)the order is for financial compensation or the return of personal property,
and
(b)as applicable,
(i)the principal amount set out under section 48 (2) [order for
payment of money], or
(ii)the value of the personal property

is within the monetary limit for claims under the Small Claims Act.
(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 Provincial Court.

Enforcement of small claims decisions

58.1 (1)A consent resolution order in relation to a tribunal 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)[Repealed 2022-6-7.]
(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.

Enforcement of tribunal decision by other person

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.

Cancellation of tribunal order

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.

Enforcement of tribunal orders by proceeding for contempt

60 (1)A person who fails or refuses to comply with an order of the tribunal is liable, on
application to the Supreme Court, to be punished for contempt as if in breach of an
order or judgment of the Supreme Court.
(2)Subsection (1) does not limit the conduct for which the Supreme Court may make a
finding of contempt in respect of a person's conduct in relation to a tribunal proceeding.

Part 7 — Tribunal Powers and Procedures

General tribunal authority in relation to tribunal proceeding

61 (1)Subject to this Act and the rules, the tribunal may make any order or give any
direction in relation to a tribunal proceeding it thinks necessary to achieve the objects of
the tribunal in accordance with its mandate.
(2)The tribunal may make an order under subsection (1) or, unless otherwise provided,
under any other provision of this Act
(a)on its own initiative,
(b)on request by a party, or
(c)on recommendation by a case manager.
(3)Unless otherwise restricted under this Act, the tribunal may vary or cancel an order
that it has made under the Act.

Rules of practice and procedure for tribunal proceedings

62 (1)The tribunal may make rules respecting practice and procedure in tribunal
proceedings to facilitate the resolution of disputes before it in accordance with its
mandate.
(2)Without limiting subsection (1), the tribunal may make rules respecting 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)factors supporting a refusal under section 11 [general authority for
tribunal to refuse to resolve a dispute];
(c)dispute resolution services provided by the tribunal, including rules
respecting
(i)online dispute resolution services and their use, and
(ii)facilitated settlement that may be provided in the case
management phase;
(d)procedures and processes that apply in relation to tribunal proceedings,
including rules
(i)providing authority to waive or modify a rule in relation to a
tribunal proceeding,
(ii)establishing times by which actions in a tribunal proceeding are
to be taken, including providing authority to extend or shorten
established times,
(iii)providing authority in relation to adjournments and
postponements,
(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,
(iv)imposing restrictions on evidence and submissions in relation to
a tribunal hearing under section 36 (3) (a) [proceeding to hearing if
a party does not comply with the case management process],
(v)respecting procedures and processes that apply to a hearing
under section 52 (1) (a) [tribunal may hear claims or dispute if
party does not appear], and
(vi)respecting procedures and processes that apply to a claim that is
an application made under section 5 of the Intimate Images
Protection Act, including all related matters;
(e)powers under the Act to make orders and give directions, including rules
(i)respecting the process for a party to request that an order or
direction be made,
 (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
(ii)respecting the cancellation of a final decision or order under
section 37 [cancellation of final decision or dismissal order under
section 36] or 53 [cancellation of final decision or dismissal order
made in absence of party];
(f)the form, content and manner for giving notices, summons, orders or
other information or records, including rules
(i)authorizing the service, giving, filing, delivery or other provision
to be done through electronic communication tools provided by the
tribunal or through other means,
(ii)establishing requirements for service, and what is considered to
be the address for service, of a party,
(iii)authorizing substituted service, and
(iv)establishing when a notice, summons, order or other
information or record is deemed to have been served on or
otherwise given to or received by the tribunal, a party or another
person;
(g)the provision, receipt, disclosure and exchange of evidence, other
information and records in a tribunal proceeding, including rules
(i)respecting how a person providing evidence asserts the truth of
the evidence by oath, affirmation or otherwise,
(i.1)respecting forms of evidence to be provided,
(ii)respecting requirements for the preparation of expert witness
evidence by a party or jointly by parties,
(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,
(iii)respecting summonses under section 33 [party may require
other persons to provide evidence], including establishing witness
fees and expenses that are payable in relation to a summons and
providing authority for the tribunal to cancel or vary a summons,
and
 (iv)authorizing the tribunal to direct how expenses for the
provision, receipt, disclosure and exchange are to be allocated
between parties;
(h)the participation of parties and other persons in tribunal proceedings,
including rules
(i)respecting who may act for an organization or office in a tribunal
proceeding as referred to in section 20 (5) [who may act for
corporations and other organizations],
(ii)respecting representation of a party by a lawyer or other person,
(iii)allowing a party or witness to have a supporting person present
with the party or witness while participating in a tribunal
proceeding, and
(iv)respecting authority of the tribunal to allow other persons to
participate in a tribunal proceeding;
(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;
(j)establishing a tariff of expenses and charges of a party that may be
payable by one party to another party;
(k)respecting the preparation of validated copies of certificates, directions,
orders, reasons and final decisions of the tribunal;
(l)respecting communications and records in relation to tribunal
proceedings, including rules
(i)respecting the use, validity and authenticity of and access to
electronic communications and electronic records in relation to
tribunal proceedings,
(ii)respecting access to and restriction of access to tribunal records
by any person, and
(iii)establishing information that is considered to be confidential
under section 87 [tribunal members and staff obligation of
confidentiality];
(m)respecting fees, including rules
 (i)establishing fees that may be charged by the tribunal for
providing services, other than services for which fees are
established by regulation under section 93 (2) (f) [power to make
regulations],
(ii)authorizing the tribunal to waive fees applicable under this Act
for a person who cannot afford the fees, and
(iii)authorizing the tribunal to direct the refund of fees under this
Act in circumstances established by the rules;
(n)rules respecting any other matter for which rules are contemplated by
this Act.
(3)Where a provision of subsection (2) describes a specific matter as being included as
part of the authority under that subsection, the inclusion must not be read as limiting the
authority of the general description of that authority.
(4)Rules for the tribunal may be different for different classes of claim categories,
disputes, claims, issues and circumstances, as established by the rules.

Practice directives
63 (1)The chair may issue practice directives consistent with this Act, the rules and the
regulations.
(2)The tribunal is not bound by the practice directives in the exercise of its powers or the
performance of its duties.

Authority to correct decisions and orders

64 On its own initiative or on request by a party, the tribunal may amend a decision or order
to correct any of the following:
(a)a clerical or typographical error;
(b)an accidental or inadvertent error, omission or other similar mistake;
(c)an arithmetical error made in a computation.

Authority of tribunal members and panels

65 (1)An authority conferred under this Act on the tribunal may be exercised by any
tribunal member or panel assigned responsibility in relation to the applicable tribunal
proceeding.
(2)For certainty, subsection (1) applies to a tribunal member acting as a case manager in
relation to the tribunal proceeding.
Authority to administer oaths
66 If a person is required under this Act to provide evidence or other information on oath or
solemn affirmation, a tribunal member or case manager may administer the oath or receive
the solemn affirmation.

Part 8 — Tribunal Membership and Administration

Division 1 — Appointment of Tribunal Members and Other Staff

Tribunal chair
67 (1)The Lieutenant Governor in Council may, after a merit-based process, appoint
the chair of the tribunal.
(2)The term of office for the chair must be at least 3 years and not more than 5 years,
and the appointment must be on a full-time basis.
(3)The Lieutenant Governor in Council may reappoint the chair for additional terms.

Vice chairs and other members of the tribunal

68 (1)The Lieutenant Governor in Council may, after a merit-based process and after
consultation with the chair, appoint one or more vice chairs of the tribunal.
(2)The Lieutenant Governor in Council may, on the recommendation of the chair after a
merit-based process, appoint one or more other tribunal members.
(3)The term of office for the initial appointment of a tribunal member under this section
must be at least 2 years and not more than 4 years.
(4)The Lieutenant Governor in Council may reappoint a tribunal member appointed
under this section, after a merit-based process, for additional terms of not more than 5
years.
(5)An appointment under this section may be on a full-time basis or part-time basis.

Temporary tribunal members

69 (1)Subject to this section, if the tribunal requires additional members, the chair may
appoint as a temporary tribunal member a person who would otherwise be qualified for
appointment as a tribunal member.
(2)The chair must comply with any conditions and qualifications established under
subsection (5).
 (3)The term of office for a temporary tribunal member's appointment under this section
must not be more than 6 months, and the appointment may be on a full-time basis or
part-time basis.
(4)A person may be appointed under this section only twice in any 2-year period.
(5)The Lieutenant Governor in Council may establish conditions and qualifications for
appointments under this section.

Acting chair if chair absent or incapacitated

70 (1)If the chair expects to be absent or is absent, the chair may designate a vice chair
as the acting chair for the period that the chair is absent.
(2)Despite subsection (1), if the chair is absent or incapacitated for an extended period,
the minister may designate a vice chair as the acting chair for the period that the chair is
absent or incapacitated.
(3)If there is authority to make a designation under subsection (1) or (2) but
(a)there is no vice chair, or
(b)there is a vice chair but the vice chair is not willing or able to act as
chair,

the chair or minister, as applicable, may designate another tribunal member as the acting
chair.
(4)A person designated under this section has all the powers and may perform all the
duties of the chair.

Acting chair if no chair appointed

71 (1)If the tribunal has no chair, the Lieutenant Governor in Council may appoint a
tribunal member, or an individual who would otherwise be qualified for appointment as
a tribunal member, as the acting chair for a term of not more than 6 months.
(2)In exceptional circumstances, an individual may be reappointed as the acting chair
under subsection (1) for an additional term of not more than 6 months.
(3)A person appointed under this section has all the powers and may perform all the
duties of the chair.

Member's absence or incapacitation

72 (1)If a tribunal member appointed under section 68 [vice chairs and other
members]
(a)expects to be absent for an extended period, or
(b)is absent or incapacitated for an extended period,
 the Lieutenant Governor in Council may, after consultation with the chair, appoint
another person, who would otherwise be qualified for appointment as a tribunal
member, to replace the tribunal member until the member returns to full duty or the
member's term expires, whichever comes first.
(2)The appointment of a person under subsection (1) is not affected by the tribunal
member returning to less than full duty.

Powers after resignation or expiry of term

73 (1)If a tribunal member resigns or their appointment expires, the chair may
authorize the person to continue to exercise powers as a tribunal member in any
proceeding over which that person had jurisdiction immediately before the end of the
person's term as a tribunal member.
(2)An authorization under subsection (1) continues until a final decision in that
proceeding is made.
(3)If an individual performs duties under subsection (1), section 75 [remuneration and
benefits for members] applies.

Validity of tribunal acts

73.1 An act of the tribunal is not invalid because of a defect that is afterwards discovered in
the appointment of a chair, vice chair or member.

Termination for cause

74 The Lieutenant Governor in Council may not terminate the appointment of the chair, a
vice chair or another tribunal member except for cause.

Remuneration and benefits for members

75 (1)The minister must, in accordance with the general directives of the Treasury
Board, set the remuneration for tribunal members.
(2)In accordance with the general directives of the Treasury Board, tribunal members
must be reimbursed for reasonable travelling and out-of-pocket expenses necessarily
incurred in carrying out their duties.

Other tribunal officers

76 Employees necessary to carry out the powers and duties of the tribunal may be appointed
under the Public Service Act.

Other persons engaged or retained by tribunal

 77 (1)The chair may engage or retain consultants or specialists the tribunal considers
necessary to exercise the powers and perform the duties of the tribunal under this Act
and may determine their remuneration.
(2)Without limiting subsection (1), the chair may engage or retain persons to conduct
facilitated settlement.
(3)The Public Service Act does not apply to a person engaged or retained under this
section.

Division 2 — Tribunal Organization and Operations

Authority of chair
78 (1)The chair is responsible for the effective management and operation of the
tribunal and for the organization and allocation of work among the tribunal members.
(2)Without limiting the authority of the chair, the chair may do any or all of the
following:
(a)establish divisions of the tribunal for the purpose of providing efficient
and effective dispute resolution services in accordance with the mandate of
the tribunal or providing expertise in relation to particular subject matters;
(b)establish a code of practice and performance expectations for tribunal
members;
(c)establish templates that are to be used by tribunal members in preparing
orders, final decisions and formal written reasons;
(d)establish a process for receiving and dealing with complaints from the
public respecting the tribunal.

Chair may establish panels

79 (1)The chair may establish panels of one, two or three tribunal members.
(2)If a panel has more than one member,
(a)the chair must designate one of the members as chair of the panel, and
(b)a decision of a majority of the members of a panel is a decision of the
tribunal and, in the case of a tie, the decision of the chair of the panel
governs.
(3)There is no restriction on the number of panels that may be engaged in tribunal
hearings at the same time.
 (4)If a member of a panel is unable for any reason to complete the member's duties, the
remaining members of that panel, with consent of the chair of the tribunal, may continue
to hear and determine the dispute, and the vacancy does not invalidate the proceeding.

Assignment of case managers and tribunal panels

80 The chair is responsible for the assignment of
(a)case managers for a dispute, and
(b)a tribunal panel to act as tribunal for a dispute.

Service improvement surveys

81 For the purposes of evaluating and improving its services under this Act, the tribunal may
conduct surveys in the course of or after providing those services.

Annual report by chair

82 (1)As soon as practicable after the end of the fiscal year of the government, the
tribunal must submit to the minister an annual report on the activities of the tribunal,
including information respecting the following:
(a)a review of the operation of the tribunal during the preceding fiscal year;
(b)performance indicators for the preceding fiscal year, including details of
the number, nature, time to resolution and outcome of disputes that came
before the tribunal during that year;
(c)details of the number and nature of disputes before the tribunal that were
outstanding at the end of the preceding fiscal year;
(d)results of surveys conducted under section 81 [service improvement
surveys];
(e)details of any trends or special problems that emerged during the
preceding fiscal year;
(f)forecasts of the workload of the tribunal in the present fiscal year;
(g)plans for improving the operation of the tribunal in the present fiscal
year.
(2)After receiving an annual report under subsection (1), the minister must
(a)promptly lay the report before the Legislative Assembly if it is then
sitting, or
(b)if the Legislative Assembly is not sitting, file the report with the Clerk of
the Legislative Assembly.
 Division 3 — Tribunal Duties and Protection

Tribunal member duties

83 Tribunal members must faithfully, honestly and impartially perform their duties.

Immunity protection
84 (1)In this section:

"protected function" means

(a)the consideration of requests for tribunal resolution,

(b)the case management phase in relation to a dispute, or
(c)a tribunal hearing in relation to a dispute;

"protected person" means a tribunal member, a case manager or other tribunal officer, or a
person conducting facilitated settlement.

(2)Subject to subsection (3), no legal proceeding for damages lies or may be

commenced or maintained against a protected person, the tribunal or the government
because of anything done or omitted
(a)in the exercise or intended exercise of any power under this Act in
relation to a protected function, or
(b)in the performance or intended performance of any duty under this Act
in relation to a protected function.
(3)Subsection (2) does not apply to a person referred to in that subsection in relation to
anything done or omitted by that person in bad faith.

Part 9 — General

Division 1 — Information and Confidentiality

Publication of tribunal orders and other information

85 (1)The tribunal must make the following information available to the public,
including by making it available on the internet:
(a)the rules of practice and procedure for the tribunal;
(b)any practice directives of the tribunal;
(c)fees that are payable in relation to services provided by the tribunal;
 (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.
(2)The tribunal may make the following available to the public, including by making it
available on the internet:
(a)information respecting disputes that are current tribunal proceedings,
including, without limiting this, the parties and claims in the disputes and
the status of the tribunal proceedings;
(b)orders of the tribunal;
(b.1)the final decisions of the tribunal under section 46 in respect of parties
in default;
(c)formal written reasons for final decisions or a record of such reasons.

Protection of personal information

86 (1)The tribunal must protect personal information in its custody or under its control
by making reasonable security arrangements against such risks as unauthorized access,
collection, use, disclosure or disposal.
(2)[Repealed 2021-39-54.]
(3)For the purposes of
(a)publication under section 85 [publication of tribunal orders and other
information], or
(b)otherwise providing or making accessible information or records referred
to in section 90 [application of Freedom of Information and Protection of
Privacy Act] or other tribunal information or records,

the tribunal may remove or obscure personal information or replace personal

information with anonymous identifiers.

Tribunal members and staff obligation of confidentiality

87 Except in the performance of their duties under this Act,
(a)a tribunal officer,
(b)a person acting on behalf of or under the direction of a tribunal officer,
or
(c)a person engaged or retained to provide facilitated settlement

must not disclose to any person confidential information obtained in the discharge of those
duties.
General rule: tribunal may not be required to testify or produce evidence
88 (1)The persons referred to in section 87 (a) to (c) [tribunal members and staff
obligations of confidentiality] must not be required to testify or produce evidence in any
proceeding, other than a criminal proceeding, about information or records obtained in
the discharge of their duties under this Act.
(2)Despite subsection (1), the tribunal may produce to the court the record of the part of
a tribunal proceeding that is the subject of an application for judicial review under
the Judicial Review Procedure Act.

Confidentiality of online and facilitated settlement information

89 (1)Subject to this section, a person must not disclose or be compelled to disclose the
following in a court proceeding or other legally binding process:
(a)any information or record provided by one party to another, and any
communication made by one party to another, in the course of using the
online dispute resolution services or facilitated settlement services of the
tribunal;
(b)any information obtained or record prepared by a party specifically for
the purpose of resolving the dispute through dispute resolution services
referred to in paragraph (a).
(2)Subsection (1) does not apply
(a)if the parties to the dispute consent to the disclosure,
(b)in a criminal proceeding, or
(c)in relation to a communication that threatens bodily harm.
(3)Nothing in this section prevents a party from introducing into evidence in any
proceeding information or records produced in the course of the dispute resolution
services referred to in subsection (1) (a) that are otherwise producible or compellable in
those proceedings.

Application of Freedom of Information and Protection of Privacy Act

90 (1)The Freedom of Information and Protection of Privacy Act, other than section 44
(1) (b), (2), (2.1) and (3) [powers of commissioner in conducting investigations, audits
or inquiries], does not apply to any of the following:
(a)information and records in the custody or under the control of the
tribunal that were obtained or created in the course of
(i)receiving and dealing with requests for tribunal resolution under
section 4 [asking the tribunal to resolve a claim], or
 (ii)online dispute resolution services or facilitated settlement
services of the tribunal;
(b)the collection of personal information about an individual, without
consent or from a source other than the individual, as part of the processes
under sections 4 and 7;
(c)access from outside Canada by way of electronic communication tools
provided by the tribunal;
(d)records kept by a person referred to in section 87 (a) to (c) [tribunal
member and staff obligations of confidentiality] in providing online dispute
resolution services or facilitated settlement services;
(e)a personal note, communication or draft decision of a person referred to
in section 87 (a) to (c) in relation to the resolution of a dispute;
(f)information obtained, including evidence received, by the tribunal or a
tribunal officer in a tribunal proceeding;
(g)an electronic recording of a tribunal hearing or a transcription of a
tribunal hearing;
(h)an order of the tribunal, a final decision of the tribunal, formal written
reasons for a final decision or a record of such reasons, to which public
access is provided by the tribunal.
(2)Subsection (1) does not apply to personal information, as defined in the Freedom of
Information and Protection of Privacy Act, that has been in existence for 100 or more
years or to other information that has been in existence for 50 or more years.

Division 1.1 — Clustering

Tribunal may be clustered with other tribunals

90.1 Part 3 [Clustering] of the Administrative Tribunals Act applies to the tribunal.

Division 2 — Offences

General offence provision of Offence Act does not apply

91 Section 5 [general offence for contravening enactment] of the Offence Act does not apply
to a contravention of this Act or regulations under this Act.

Offence for providing false or misleading information

 92 (1)A person who provides false or misleading evidence or other information in a
tribunal proceeding commits an offence and is liable on conviction to a fine of $10 000
or imprisonment for term not longer than 6 months, or both.
(2)A person is not guilty of an offence under this section if the person establishes that, at
the time the information was provided, the person did not know that it was false or
misleading and exercised reasonable care and diligence in providing the information.

Division 3 — Regulations

Power to make regulations

93 (1)The Lieutenant Governor in Council may make regulations referred to in section
41 of the Interpretation Act.
(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;
(b.1)prescribing an event and the number of days in relation to the event for
the purposes of section 13.5 [time limit — determination of extent of
responsibility for accident];
(c)[Repealed 2022-6-10.]
(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];
(e.1)respecting claims referred to in section 133 (1) (a) and (d) [claims
within jurisdiction of tribunal for accident claims], including respecting any
matters required to be proven and the onus of proof with respect to any
matters required to be proven;
(e.2)prescribing insurers for the purposes of section 133 (1) (d);
(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.
(h) to (m)[Repealed 2018-17-30.]
 (2.1)Section 60 (1) (a), (b) and (g) to (i) and (2) [power to make regulations] of
the Administrative Tribunals Act applies to the tribunal.
(3)Regulations of the Lieutenant Governor in Council under this Act may be different
for different classes of claim categories, disputes, claims, issues, parties, events, insurers
and circumstances, as established by the regulations.
(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.

Consequential Amendments

Section(s) Affected Act

Freedom of Information and Protection of Privacy
94
Act
95-105 Strata Property Act
106-110 Strata Property Amendment Act, 2009

Amendments to this Act

Section(s
Affected Act
)
Civil Resolution Tribunal
111
Act

Repealed
112 [Repealed 2018-17-31.]

Part 10 — Tribunal Jurisdiction

Division 1 — General
Restricted authority of tribunal
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.

Limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code
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.

Exclusive jurisdiction of tribunal — privative clause

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 Part 5.1 [Judicial Review of Tribunal Decisions].

Specialized expertise of tribunal

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 Part 5.1 [Judicial Review of
Tribunal Decisions].

Division 2 — Referenced Claims

Jurisdiction provided for in another enactment
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

Claims within jurisdiction of tribunal for 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.

Claims beyond jurisdiction of tribunal for tribunal small claims

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

Meaning of words and expressions in Division — 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.

Claims within jurisdiction of tribunal for strata property claims

 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.

Claims beyond jurisdiction of tribunal for strata property claims

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.

Orders available in strata property claims

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.

Transition — appeal of certain strata property claims

123.1 Despite the repeal of section 56.5 [appeal to Supreme Court] of this Act, that section,
as it read immediately before its repeal, continues to apply in respect of a strata property
claim with an initiating notice given before January 1, 2019.

Division 5 — Cooperative Association Claims

Meaning of words and expressions in Division — 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.

Claims within jurisdiction of tribunal for cooperative association claims

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.

Claims beyond jurisdiction of tribunal for cooperative association claims

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 Parts 4 [Finance] and 5 [Association
Alterations]:
(i)section 66 [redeeming shares, loans to members, paying
dividends];
(ii)section 67 [reduction of capital];
(iii)section 71 [no pledge or disposition of association's
undertaking without consent];
(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.

Orders available in cooperative association claims

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

Meaning of words and expressions in Division — society claims

128 In this Division, words and expressions have the same meaning as in the Societies Act or
a regulation under that Act.

Claims within jurisdiction of tribunal for society claims

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.

Claims beyond jurisdiction of tribunal for society claims

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.

Orders available in society claims

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

Definitions for Division — accident claims

132 In this Division:

"accident",

(a)except in respect of the benefits referred to in section 133 (1) (a) or a

determination of responsibility referred to in section 133 (1) (d), has the
same meaning as in section 101 [definitions and interpretation] of
the Insurance (Vehicle) Act,
(b)in respect of the benefits referred to in section 133 (1) (a) of this Act, has
the same meaning as in
(i)section 1.1 [definitions] of the Insurance (Vehicle) Act for
benefits payable under Part 1 of that Act, and
(ii)section 113 [definitions] of the Insurance (Vehicle) Act for
benefits payable under Part 10 of that Act, and
(c)in respect of a determination of responsibility referred to in section
133 (1) (d) of this Act, has the same meaning as in section 1.1 of
the Insurance (Vehicle) Act;

"benefits" has the same meaning as in section 1 of the Insurance (Vehicle) Act;

"Insurance Corporation of British Columbia" means the Insurance Corporation of British

Columbia continued by the Insurance Corporation Act;

"insurer" has the same meaning as in section 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.
Claims within jurisdiction of tribunal for accident claims
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 by an insurer 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, including loss or damage to
property related to the accident but 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;
(d)the determination by the Insurance Corporation of British Columbia or a
prescribed insurer of the extent to which the initiating party is responsible
for the accident.
(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) or (d) 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.

Claims beyond jurisdiction of tribunal for accident claims

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;
 (c)a claim under this Division in respect of an accident that occurred before
April 1, 2019.

Matters relating to tribunal limit amount

135 (1)It is presumed that the amount, including loss or damage to property related to
the accident but 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].

Transition — claims in relation to accidents

136 (1)Section 134 (2) (c) does not limit the tribunal's jurisdiction in relation to
the Small Claims Act in respect of a claim that involves an accident that occurred before
April 1, 2019.
 (2)If, before the coming into force of this section, the tribunal had jurisdiction in respect
of a claim described in subsection (1), the claim is to continue before the tribunal as a
tribunal small claim under Division 3 [Tribunal Small Claims] of this Part.

Division 8 — Intimate Image Protection Claims

Meaning of words and expressions in Division — intimate image protection claims

136.1 In this Division, words and expressions have the same meaning as in the Intimate
Images Protection Act and the regulations under that Act, with the exception that "claim"
means an application, rather than a claim, as used in that Act and the regulations under that
Act.

Claims within jurisdiction of tribunal for intimate image protection claims

136.2 (1)Except as otherwise provided in section 113 [restricted authority of
tribunal] or in this Division, the tribunal has jurisdiction over a claim that is an
application made under section 5 [application for expedited intimate image protection
order] of the Intimate Images Protection Act, including all related matters.
(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.

Orders available in intimate image protection claims

136.3 In resolving an intimate image protection claim, including all related matters, and
whether or not the tribunal has made or cancelled other orders relating to the same intimate
image, the tribunal may make or cancel one or more of the orders referred to in section 5 of
the Intimate Images Protection Act.

Disapplication and modification of certain provisions

136.4 (1)The following provisions of this Act do not apply respecting a claim under
this Division:
(a)section 2 (3) (a) [encouragement of resolution by agreement between
parties];
(b)section 7 (1) [giving initiating notice];
(c)section 85 (1) (d) [publication of tribunal orders and other information].
(2)For the purposes of a claim that is an application made under section 5 [application
for expedited intimate image protection order] of the Intimate Images Protection Act,
including all related matters,
 (a)section 17 (1) is to be read as requiring case management, at the
discretion of the tribunal, subject to this Act and the rules, and
(b)section 17 (2) does not apply.

Commencement
137 This Act comes into force by regulation of the Lieutenant Governor in Council.

Schedule

[Repealed 2015-16-39.]

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