Bill 18 – 2015: Administrative Tribunals Statutes Amendment Act, 2015

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2015 Legislative Session: 4th Session, 40th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE SUZANNE ANTON

MINISTER OF JUSTICE

BILL 18 – 2015

ADMINISTRATIVE TRIBUNALS STATUTES AMENDMENT ACT, 2015

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

Administrative Tribunals Act

SECTION 1: [Administrative Tribunals Act, heading to

Part 1] designates sections 1

and 1.1 of the Act as

Part 1 –

Interpretation and Application.

1 The Administrative Tribunals Act, S.B.C. 2004, c. 45, is amended by adding the following heading before

section 1:

Part 1 –

Interpretation and Application .

SECTION 2: [Administrative Tribunals Act,

section 1]

replaces the definition of "dispute resolution process" with a definition of "facilitated settlement process";

amends the definition of "tribunal".

Section 1 is amended

(

a) by repealing the definition of "dispute resolution process" and substituting the following:

"facilitated settlement process" means a process established under

section 28 [facilitated settlement] ; , and

(

b) in the definition of "tribunal" by striking out " under the tribunal's enabling Act ".

SECTION 3: [Administrative Tribunals Act,

section 1.1] clarifies that provisions of the Act

operate only if made applicable to a tribunal or other body by another statute

or regulation.

3 The following

section is added:

Application by incorporation

1.1

(1) The provisions of this Act do not operate, except as made applicable to a tribunal or other body by another enactment.

(2) If another enactment refers to a provision of that enactment or of a third enactment that incorporates a provision of this Act, the reference is deemed to include a reference to the incorporated provision of this Act.

(3) If another enactment incorporates

section 1 [definitions] of this Act,

(

a) the

definitions in this Act apply to provisions of this Act incorporated by the other enactment, but

(

b) unless a contrary intention appears in the other enactment, the

definitions in this Act do not apply to a use of a term in the other enactment outside of the incorporated provisions.

(4) Subsection (1) does not apply to this

section or to

section 62 [application of Act to BC Review Board] .

SECTION 4: [Administrative Tribunals Act, heading to

Part 2] designates sections 2 to 10

of the Act as

Part 2 – Appointments.

4 The following heading is added before

section 2:

Part 2 – Appointments .

SECTION 5: [Administrative Tribunals Act,

section 2] provides that initial appointment

and reappointment of the chair of the tribunal must occur after a merit-based

process.

Section 2 is amended

(

a) in subsection (1) by striking out " merit based " and substituting " merit-based ", and

(

b) in subsection (2) by adding " , after a merit-based process, " after " may be reappointed by the appointing authority ".

SECTION 6: [Administrative Tribunals Act,

section 3] provides that initial appointment

and reappointment of a member of the tribunal must occur after a merit-based

process.

Section 3 is amended

(

a) in subsection (1) by striking out " merit based " and substituting " merit-based ", and

(

b) in subsection (2) by adding " , after a merit-based process, " after " may be reappointed by the appointing authority ".

SECTION 7: [Administrative Tribunals Act,

section 7.1] provides that the acts of the tribunal

remain valid regardless of an error in the method of appointment of a chair,

vice chair or member.

7 The following

section is added:

Validity of tribunal acts

7.1

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

SECTION 8: [Administrative Tribunals Act,

Part 3]

authorizes the Lieutenant Governor in Council to designate tribunals as a cluster in the interests of effectiveness and efficiency;

creates a position of executive chair to be responsible for the effective management and operation of all tribunals in a cluster;

vests in the executive chair all the statutory powers, duties and immunities of the chair of a tribunal under its legislation;

provides for tribunal chairs to work under the direction of the executive chair;

authorizes the executive chair to delegate powers and duties to tribunal chairs.

8 The following

Part is added after

section 10:

Part 3 – Clustering

Designating clusters

10.1

(1) The Lieutenant Governor in Council may, by regulation, designate 2 or more tribunals as a cluster if, in the opinion of the Lieutenant Governor in Council, the matters that the tribunals deal with are such that they can operate more effectively and efficiently as part of a cluster than alone.

(2) The Lieutenant Governor in Council may, by regulation, do one or both of the following:

(

a) remove a tribunal from a cluster;

(

b) add a tribunal to a cluster.

(3) If a tribunal is in a cluster, this Part applies to the tribunal despite any other enactment.

Executive chair

10.2

(1) The Lieutenant Governor in Council may, after a merit-based process, appoint an executive chair to be responsible for the effective management and operation of all of the tribunals in a cluster.

(2) The executive chair has all the powers, duties and immunities of the chair of each tribunal in the cluster under an enactment.

(3) To the extent necessary to give effect to subsection (2), and subject to this Part, if a tribunal is in a cluster, any reference to the chair of the tribunal in an enactment is deemed to be a reference to the executive chair of the cluster.

(4) The executive chair holds office for an initial term of 3 to 5 years.

(5) The executive chair may be reappointed by the Lieutenant Governor in Council, after a merit-based process, for additional terms of up to 5 years.

(6) The executive chair must have all the qualifications required of a chair of any tribunal in the cluster under any enactment.

(7) The executive chair is a member of each of the tribunals in the cluster for which he or she is responsible.

Tribunal chairs

10.3

(1) Subject to

section 10.6 [transition] , the appointing authority may, after a merit-based process, appoint a tribunal chair for a tribunal in the cluster under the direction of the executive chair of that cluster.

(2) The term of appointment of a tribunal chair is the same as the term of appointment of the chair of the tribunal under the tribunal's enabling Act.

(3) A tribunal chair may be reappointed, after a merit-based process, on the same basis as the chair of the tribunal under the tribunal's enabling Act.

(4) The executive chair may delegate to a tribunal chair a power or duty of the chair of the tribunal under an enactment, including a power under the enactment to delegate a power or duty to another person.

(5) The tribunal chair has all the immunities of the chair of the tribunal under an enactment.

(6) The appointing authority may appoint the executive chair of a cluster to also be the tribunal chair of a tribunal in the cluster.

(7) The tribunal chair is a member of the tribunal for which he or she is appointed.

Alternate executive chair

10.4

(1) The Lieutenant Governor in Council may designate a member of a tribunal in a cluster, other than the executive chair of the cluster, as an alternate executive chair.

(2) If the executive chair of a cluster is absent or incapacitated, the alternate executive chair has all the powers and immunities and may perform all the duties of the executive chair.

Validity of tribunal acts

10.5

An act of a tribunal is not invalid because of a defect that is afterwards discovered in the appointment of an executive chair or tribunal chair.

Transition

10.6

(1) On the designation of a tribunal as part of a cluster under

section 10.1 (1) or (2) (b) [designating clusters] , the individual appointed as chair under the tribunal's enabling Act is no longer appointed under the tribunal's enabling Act and is deemed to be appointed as tribunal chair under

section 10.3 [tribunal chairs] .

(2) The term of the deemed appointment as tribunal chair under subsection (1) ends on the date the individual's appointment under the tribunal's enabling Act would have ended if the tribunal had not been designated as part of a cluster.

(3) On a tribunal in a cluster ceasing to be in any cluster, the individual appointed as tribunal chair is deemed to be the chair under the tribunal's enabling Act for the remainder of the term of his or her appointment as tribunal chair.

(4) On an individual appointed as tribunal chair being appointed as executive chair of a cluster, the individual remains the tribunal chair until his or her appointment as tribunal chair expires or is terminated.

(5) This

section applies despite any other provision in this Part.

SECTION 9: [Administrative Tribunals Act, heading to

Part 4] designates sections 11

to 42 of the Act as

Part 4 – Practice and Procedure.

9 The following heading is added before

section 11:

Part 4 – Practice and Procedure .

SECTION 10: [Administrative Tribunals Act,

section 11] authorizes the tribunal to make

rules regarding

facilitated settlement processes,

addresses of service and record for interveners,

filing and service of summonses, and

processes conducted electronically.

Section 11 is amended

(

a) in subsection (1) by striking out " Subject to this Act and the tribunal's enabling Act, " and substituting " Subject to an enactment applicable to the tribunal, ",

(

b) by repealing subsection (2) (

b) and substituting the following:

(

b) respecting facilitated settlement processes; ,

(

c) in subsection (2) by adding the following paragraphs:

(i.1) requiring an intervener to provide an address for service or delivery of notices, orders and other documents;

(j.1) providing that an intervener's address of record is to be treated as an address for service;

(v.1) respecting filing and service of a summons to a witness;

(

x) requiring or allowing that a process be conducted electronically, with or without conditions. , and

(

d) by adding the following subsection:

(5) Rules for the tribunal may be different for different classes of disputes, claims, issues and circumstances.

SECTION 11: [Administrative Tribunals Act,

section 12] requires that mandatory practice

directives be consistent with any statute or regulation applying to a tribunal,

not just the tribunal's enabling Act.

Section 12 (3) is repealed and the following substituted:

(3) Practice directives must be consistent with any enactment applying to the tribunal and any rule of practice or procedure made by the tribunal.

SECTION 12: [Administrative Tribunals Act,

section 13] requires that permissive practice

directives be consistent with any statute or regulation applying to a tribunal,

not just the tribunal's enabling Act.

Section 13 (1) is repealed and the following substituted:

(1) The tribunal may issue practice directives.

(1.1) Practice directives must be consistent with any enactment applying to the tribunal and any rule of practice or procedure made by the tribunal.

SECTION 13: [Administrative Tribunals Act,

section 16] requires that consent orders be

consistent with any statute or regulation governing an application, not just the

tribunal's enabling Act.

Section 16 (1) is amended by striking out " its enabling Act. " and substituting " the enactments governing the application. "

SECTION 14: [Administrative Tribunals Act,

section 17] requires that orders that include

terms of settlement must be consistent with any statute or regulation governing

an application, not just the tribunal's enabling Act.

Section 17 (2) is amended by striking out " its enabling Act. " and substituting " the enactments governing the application. "

SECTION 15: [Administrative Tribunals Act,

section 27] permits the tribunal to retain certain

persons it considers necessary to exercise its powers and carry out its

duties under any statute or regulation, not just the tribunal's enabling Act.

Section 27 (2) is amended by striking out " under the tribunal's enabling Act ".

SECTION 16: [Administrative Tribunals Act,

section 28] authorizes the tribunal to

conduct a facilitated settlement process,

require parties to participate in a facilitated settlement process, and

make consent of one, all or none of the parties a condition of a facilitated settlement process.

Section 28 is repealed and the following substituted:

Facilitated settlement

(1) The chair may appoint a member or staff of the tribunal or another person to conduct a facilitated settlement process to resolve one or more issues in dispute.

(2) The tribunal may require 2 or more parties to participate in the facilitated settlement process, in accordance with the rules of the tribunal.

(3) The tribunal may make the consent of one, all or none of the parties to the application a condition of a facilitated settlement process, in accordance with the rules of the tribunal.

SECTION 17: [Administrative Tribunals Act,

section 29] is consequential to amendments

made by this Bill to

section 28 of the Act.

Section 29 (1) (

a) and (

b) is amended by striking out " dispute resolution " and substituting " facilitated settlement ".

SECTION 18: [Administrative Tribunals Act,

section 40] is self-explanatory.

Section 40 (5) is repealed.

SECTION 19: [Administrative Tribunals Act, heading to

Part 5] designates sections 43

to 46.3 of the Act as

Part 5 – Jurisdiction over Legal Questions.

19 The following heading is added before

section 43:

Part 5 – Jurisdiction over Legal Questions .

SECTION 20: [Administrative Tribunals Act, heading to

Part 6] designates sections 47

to 49 of the Act as

Part 6 – Costs and Sanctions.

20 The following heading is added before

section 47:

Part 6 – Costs and Sanctions .

SECTION 21: [Administrative Tribunals Act,

section 47] clarifies that the tribunal can

award all or part of the costs incurred by parties, interveners or the tribunal.

Section 47 (1) is amended

(

a) in paragraphs (

a) and (

b) by striking out " part of the costs " and substituting " all or part of the costs ", and

(

b) in paragraph (

c) by striking out " part of the actual costs " and substituting " all or part of the actual costs ".

SECTION 22: [Administrative Tribunals Act, sections 47.1 and 47.2]

authorizes the tribunal to require security for costs;

clarifies when costs may be awarded against government and agents of government.

22 The following sections are added:

Security for costs

47.1

(1) The tribunal may require an applicant or intervener to deposit with it an amount of money it considers sufficient to cover all or part of either or both of the following:

(

a) the anticipated costs of the other parties or interveners;

(

b) the anticipated actual costs and expenses of the tribunal in connection with the application.

(2) An order under

section 47 [power to award costs] may include directions respecting the disposition of money deposited under subsection (1).

Government and agents of government

47.2

(1) If a party is an agent or representative of the government,

(

a) an order under

section 47 (1) (

a) and (b) [power to award costs] may not be made against the party,

(

b) an order under

section 47 (1) (c) [power to award costs] may not be made against the party, and

(

c) an order under

section 47 (1) (

a) may be made for or against the government.

(2) An order under

section 47 (1) (

c) may not be made against the government.

(3) Costs payable by the government under

section 47 [power to award costs] or under subsection (1) (

c) of this

section must be paid out of the consolidated revenue fund.

SECTION 23: [Administrative Tribunals Act, heading to

Part 7] designates sections 50

to 54 of the Act as

Part 7 – Decisions.

23 The following heading is added before

section 50:

Part 7 – Decisions .

SECTION 24: [Administrative Tribunals Act, heading to

Part 8] designates sections 55

and 56 of the Act as

Part 8 – Immunities".

24 The following heading is added before

section 55:

Part 8 – Immunities .

SECTION 25: [Administrative Tribunals Act,

section 55] is consequential to amendments

made by this Bill to

section 28 of the Act.

Section 55 (1) is amended by striking out " dispute resolution " and substituting " facilitated settlement " and by striking out " duties under the tribunal's enabling Act or this Act " and substituting " the member's or person's duties ".

SECTION 26: [Administrative Tribunals Act,

section 56] gives decision makers immunity

for acts or omissions in the performance or purported performance of their

duties, unless done in bad faith, under any statute or regulation, not just the tribunal's

enabling Act.

Section 56 is amended

(

a) in subsection (1) by striking out " dispute resolution " and substituting " facilitated settlement ", and

(

b) in subsection (2) (

a) and (

b) by striking out " under this Act or the tribunal's enabling Act " and substituting " under an enactment governing an application ".

SECTION 27: [Administrative Tribunals Act, heading to

Part 9] designates sections 57

to 59.2 of the Act as

Part 9 – Accountability and Judicial Review.

27 The following heading is added before

section 57:

Part 9 – Accountability and Judicial Review .

SECTION 28: [Administrative Tribunals Act,

section 58] clarifies that the standard of

review under

section 58 of the Act applies if the Act under which the application

arises contains or incorporates a privative clause, whether or not that Act

is the tribunal's enabling Act.

Section 58 (1) is amended by striking out " If the tribunal's enabling Act contains a privative clause, " and substituting " If the Act under which the application arises contains or incorporates a privative clause, ".

SECTION 29: [Administrative Tribunals Act, sections 59.1 and 59.2]

authorizes the tribunal to conduct surveys;

requires the tribunal to submit reports to the minister.

29 The following sections are added to

Part 9:

Surveys

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

Reporting

59.2 At the times, and in the form and manner, prescribed by regulation, the tribunal must submit the following to the minister responsible for the tribunal:

(

a) a review of the tribunal's operations during the preceding period;

(

b) performance indicators for the preceding period;

(

c) details on the nature and number of applications and other matters received or commenced by the tribunal during the preceding period;

(

d) details of the time from filing or commencement to decision of the applications and other matters disposed of by the tribunal in the preceding period;

(

e) results of any surveys carried out by or on behalf of the tribunal during the preceding period;

(

f) a forecast of workload for the succeeding period;

(

g) trends or special problems foreseen by the tribunal;

(

h) plans for improving the tribunal's operations in the future;

(

i) other information as prescribed by regulation.

SECTION 30: [Administrative Tribunals Act, heading to

Part 10] designates sections 60

to 62 of the Act as

Part 10 – Miscellaneous.

30 The following heading is added before

section 60:

Part 10 – Miscellaneous .

SECTION 31: [Administrative Tribunals Act,

section 60]

authorizes the Lieutenant Governor in Council to make regulations in relation to security for costs and costs against government and agents of government;

authorizes the Lieutenant Governor in Council to make regulations in relation to reports, information that must be contained in reports and information that must otherwise be made public;

clarifies that regulations under

section 60 of the Act may be different for different tribunals to which all or part of the

section applies.

Section 60 is amended

(

a) by renumbering the

section as

section 60 (1),

(

b) in subsection (1) (

c) by striking out " the filing of different types of applications, including preliminary and interim applications; " and substituting " services provided, or anything done, by the tribunal, employees of the tribunal or other persons; ",

(

c) in subsection (1) by adding the following paragraphs:

(e.1) establishing restrictions on the authority of a tribunal under sections 47.1 [security for costs] and 47.2 [government and agents of government] , including, without limiting this,

(

i) prescribing limits, rates and tariffs relating to amounts that may be required to be paid or deposited, and

(ii) prescribing what are to be considered costs to the government in relation to an application and how those are to be determined;

(

g) prescribing the form, manner and timing of reports to the minister responsible for the tribunal;

(

h) prescribing information that must be included in reports to the minister responsible for the tribunal;

(

i) prescribing information the tribunal must make public; , and

(

d) by adding the following subsection:

(2) The Lieutenant Governor in Council may make different regulations under subsection (1) for different tribunals.

SECTION 32: [Administrative Tribunals Act,

section 61] is consequential to amendments

made by this Bill to

section 28 of the Act.

Section 61 (1) and (2) (

b) is amended by striking out " dispute resolution " and substituting " facilitated settlement ".

SECTION 33: [Administrative Tribunals Act,

section 62] applies certain provisions of the

Act to the BC Review Board.

Section 62 is repealed and the following substituted:

Application of Act to BC Review Board

62 The following provisions of the Act apply to the review board established or designated under

section 672.38 of the Criminal Code :

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] , except sections 6 [member's temporary appointment] and 7 [powers after resignation or expiry of term] ;

(

c) section 59.1 [surveys] ;

(

d) section 59.2 [reporting] ;

(

e) this Part, except

section 60 (1) (

a) to (f) [power to make regulations] .

Agricultural Land Commission Act

SECTION 34: [Agricultural Land Commission Act,

section 5] is self-explanatory.

Section 5 (2) and (3) of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, is amended by striking out " merit based process " and substituting " merit-based process ".

SECTION 35: [Agricultural Land Commission Act,

section 5.1] applies certain provisions

of the Administrative Tribunals Act to the Agricultural Land Commission generally.

Section 5.1 is repealed and the following substituted:

Application of Administrative Tribunals Act to commission generally

5.1 The following provisions of the Administrative Tribunals Act apply to the commission:

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] , except

section 3 (1) [member's initial term] ;

(

c) Part 3 [Clustering] ;

(d)

section 26 (6) [decision of majority decision of panel] ;

(

e) section 44 [tribunal without jurisdiction over constitutional questions] ;

(

f) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code ] ;

(

g) Part 8 [Immunities] ;

(

h) section 59.1 [surveys] ;

(

i) section 59.2 [reporting] ;

(j)

section 60 (1) (

g) to (

i) and (2) [power to make regulations] .

SECTION 36: [Agricultural Land Commission Act,

section 55] is consequential to the addition

by this Bill of

section 55.01 to the Act.

Section 55 (5) is repealed.

SECTION 37: [Agricultural Land Commission Act,

section 55.01] applies certain provisions

of the Administrative Tribunals Act to the Agricultural Land Commission

for the purposes of an appeal under

section 55 of the Agricultural Land

Commission Act .

37 The following

section is added:

Application of Administrative Tribunals Act to appeals

55.01 For the purposes of an appeal under

section 55, the following provisions of the Administrative Tribunals Act apply to the commission:

(

a) Part 4 [Practice and Procedure] , except the following:

(

i) section 16 [consent orders] ;

(ii)

section 22 [notice of appeal (inclusive of prescribed fee)] ;

(iii)

section 26 (1) to (5) and (7) to (9) [organization of tribunal, except decision of majority is decision of panel] ;

(iv)

section 27 [staff of tribunal] ;

(

v) section 28 [facilitated settlement] ;

(vi)

section 29 [disclosure protection] ;

(vii)

section 30 [tribunal duties] ;

(viii)

section 31 (1) (f) [summary dismissal if no reasonable prospect application will succeed] ;

(ix)

section 34 [power to compel witnesses and order disclosure] ;

(

x) section 38 [examination of witnesses] ;

(xi)

section 41 [hearings open to public] ;

(xii)

section 42 [discretion to receive evidence in confidence] ;

(

b) section 48 [maintenance of order at hearings] ;

(

c) Part 7 [Decisions] ;

(

d) section 57 [time limit for judicial review] ;

(

e) section 58 [standard of review with privative clause] ;

(f)

section 60 (1) (

a) and (

b) and (2) [power to make regulations] ;

(

g) section 61 [application of Freedom of Information and Protection of Privacy Act ] .

SECTION 38: [Agricultural Land Commission Act,

section 55.2] repeals immunity protection

for members of the Agricultural Land Commission, consequential to the

incorporation of

section 56 of the Administrative Tribunals Act by the addition

by this Bill of

section 55.01 to the Act.

Section 55.2 is repealed.

Arbitration Act

SECTION 39: [Arbitration Act,

section 16] clarifies considerations for court when deciding

whether to revoke the authority of an arbitrator.

Section 16 (3) of the Arbitration Act, R.S.B.C. 1996, c. 55, is repealed and the following substituted:

(3) In considering whether to revoke the authority of an arbitrator, the court must consider whether

(

a) the arbitration agreement was freely made,

(

b) the matters in dispute are factually or legally complex,

(

c) the intended arbitrator is qualified to settle the factual or legal matters in dispute,

(

d) the intended arbitrator is potentially biased, and

(

e) fraud is alleged by a party to the court proceeding.

Assessment Act

SECTION 40: [Assessment Act, sections 31 and 43] is self-explanatory.

40 Sections 31 (2) and (3) and 43 (1) of the Assessment Act, R.S.B.C. 1996, c. 20, are amended by striking out " merit based process " and substituting " merit-based process ".

SECTION 41: [Assessment Act,

section 43] is consequential to the addition by this Bill of

section 43.1 to the Act.

Section 43 (3) is repealed.

SECTION 42: [Assessment Act,

section 43.1] applies certain provisions of the Administrative

Tribunals Act to the property assessment appeal board.

42 The following

section is added:

Application of Administrative Tribunals Act

43.1 The following provisions of the Administrative Tribunals Act apply to the property assessment appeal board:

(

a) Part 1 [Interpretation and Application] ;

(a.1)

Part 2 [Appointments] ;

(

b) Part 3 [Clustering] ;

(b.1)

section 11 [general power to make rules respecting practice and procedure] ;

(

c) section 13 [practice directives tribunal may make] ;

(c.1)

section 14 [general power to make orders] ;

(

d) section 15 [interim orders] ;

(d.1)

section 16 [consent orders] ;

(e)

section 17 (2) [order of tribunal may include terms of settlement] ;

(e.1)

section 18 [failure of party to comply with tribunal orders and rules] ;

(

f) section 19 [service of notice or documents] ;

(f.1)

section 20 [when failure to serve does not invalidate proceeding] ;

(

g) section 28 [facilitated settlement] ;

(g.1)

section 29 [disclosure protection] ;

(h)

section 31 (1) (a), (

b) and (e) [summary dismissal] ;

(

i) section 32 [representation of parties to an application] ;

(

j) section 33 [interveners] ;

(k)

section 34 (3) and (4) [tribunal may compel witnesses and order disclosure] ;

(

l) section 35 [recording tribunal proceedings] ;

(

m) section 37 [applications involving similar questions] ;

(

n) section 38 [examination of witnesses] ;

(

o) section 39 [adjournments] ;

(

p) section 40 [information admissible in tribunal proceedings] ;

(

q) section 44 [tribunal without jurisdiction over constitutional questions] ;

(

r) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code ] ;

(

s) section 48 [maintenance of order at hearings] ;

(

t) section 49 [contempt proceeding for uncooperative witness or other person] ;

(

u) Part 7 [Decisions] , except sections 50 (1) and 52 [notice of decision] ;

(

v) Part 8 [Immunities] ;

(

w) section 59.1 [surveys] ;

(

x) section 59.2 [reporting] ;

(y)

section 60 (1) (a), (

b) and (

g) to (

i) and (2) [power to make regulations] ;

(

z) section 61 [application of Freedom of Information and Protection of Privacy Act ] .

Building Act

SECTION 43: [Building Act,

section 19] applies certain provisions of the Administrative Tribunals

Act to the Building Code Appeal Board.

Section 19 (3) of the Building Act is repealed and the following substituted:

(3) The following provisions of the Administrative Tribunals Act apply to the appeal board:

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] , except

section 9 [responsibilities of the chair] ;

(

c) Part 3 [Clustering] ;

(

d) section 11 [general power to make rules respecting practice and procedure] ;

(

e) section 13 [practice directives tribunal may make] ;

(

f) section 18 [failure of party to comply with tribunal orders and rules] ;

(

g) section 26 [organization of tribunal] ;

(

h) section 27 [staff of tribunal] ;

(

i) section 28 [facilitated settlement] ;

(

j) section 29 [disclosure protection] ;

(

k) section 32 [representation of parties to an application] ;

(

l) section 36 [form of hearing of application] ;

(

m) section 39 [adjournments] ;

(

n) section 44 [tribunal without jurisdiction over constitutional questions] ;

(

o) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code ] ;

(

p) section 51 [final decision] ;

(

q) section 56 [immunity protection for tribunal and members] ;

(

r) section 58 [standard of review with privative clause] ;

(

s) section 59.1 [surveys] ;

(

t) section 59.2 [reporting] ;

(u)

section 60 (1) (

g) to (

i) and (2) [power to make regulations] .

SECTION 44: [Building Act,

section 19] applies

section 9 of the Administrative Tribunals

Act to the Building Code Appeal Board.

Section 19 (3) (b), as enacted by

section 43 of this Act, is amended by striking out " , except

section 9 [responsibilities of the chair] ".

SECTION 45: [Building Act,

section 30] incorporates the provisions of the Safety Standards

Act regarding jurisdiction and procedure of the Safety Standards Appeal

Board, with exceptions.

Section 30 (4) and (5) is repealed and the following substituted:

(4) Subject to this Act, the following provisions of the Safety Standards Act apply to an appeal under this Part:

(

a) Part 8 [Safety Standards Appeal Board] ;

(

b) Division 2 [Appeals to the Safety Standards Appeal Board] of

Part 9, except the following:

(

i) section 51 [right to appeal] ;

(ii)

section 52 (1) [board must consider public safety] ;

(iii)

section 54 [appeal does not operate as stay] ;

(iv)

section 62 [enforcement of appeal board orders] .

(5) Despite subsection (4), the following provisions of the Administrative Tribunals Act incorporated under

section 44 [application of Administrative Tribunals Act ] of the Safety Standards Act do not apply to an appeal under this Part:

(

a) section 26 [organization of tribunal] ;

(

b) section 27 [staff of tribunal] ;

(

c) section 30 [tribunal duties] ;

(

d) section 33 [interveners] ;

(e)

section 47 (1) (

a) and (b) [costs payable to party or intervener] ;

(

f) section 48 [maintenance of order at hearings] ;

(

g) section 49 [contempt proceeding for uncooperative witness or other person] .

Civil Resolution Tribunal Act

SECTION 46: [Civil Resolution Tribunal Act,

section 68] provides that initial appointment

and reappointment of a member of the Civil Resolution Tribunal must occur

after a merit-based process.

Section 68 (4) of the Civil Resolution Tribunal Act, S.B.C. 2012, c. 25, is amended by adding " , after a merit-based process, " after " may reappoint a tribunal member appointed under this

section ".

SECTION 47: [Civil Resolution Tribunal Act,

section 73.1] provides that the acts of the

Civil Resolution Tribunal remain valid regardless of an error in the method of

appointment of a chair, vice chair or member.

47 The following

section is added:

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.

SECTION 48: [Civil Resolution Tribunal Act, Division 1.1 of

Part 9] applies to the Civil

Resolution Tribunal the clustering provisions of the Administrative Tribunals

Act .

48 The following Division is added after

section 90:

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.

SECTION 49: [Civil Resolution Tribunal Act,

section 93] applies to the Civil Resolution

Tribunal some of the provisions of the Administrative Tribunal Act authorizing

regulations.

Section 93 is amended by adding the following subsection:

(2.1) Section 60 (1) (a), (

b) and (

g) to (

i) and (2) [power to make regulations] of the Administrative Tribunals Act applies to the tribunal.

Community Care and Assisted Living Act

SECTION 50: [Community Care and Assisted Living Act,

section 29] is consequential to the

addition by this Bill of

section 29.1 to the Act.

Section 29 of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is amended

(

a) in subsection (1) by striking out " merit based process " and substituting " merit-based process ", and

(

b) by repealing subsection (1.2).

SECTION 51: [Community Care and Assisted Living Act,

section 29.1] applies certain provisions

of the Administrative Tribunals Act to the Community Care and

Assisted Living Appeal Board.

51 The following

section is added:

Application of Administrative Tribunals Act

29.1 The following provisions of the Administrative Tribunals Act apply to the board:

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] ;

(

c) Part 3 [Clustering] ;

(

d) Part 4 [Practice and Procedure] , except the following:

(

i) section 21 [notice of hearing by publication] ;

(ii)

section 23 [notice of appeal (exclusive of prescribed fee)] ;

(

e) section 44 [tribunal without jurisdiction over constitutional questions] ;

(

f) section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code ] ;

(g)

section 47 (1) (

c) and (2) [power to award costs of tribunal] ;

(

h) section 48 [maintenance of order at hearings] ;

(

i) section 49 [contempt proceeding for uncooperative witness or other person] ;

(

j) Part 7 [Decisions] ;

(

k) section 55 [compulsion protection] ;

(

l) section 57 [time limit for judicial review] ;

(

m) section 58 [standard of review with privative clause] ;

(

n) section 59.1 [surveys] ;

(

o) section 59.2 [reporting] ;

(

p) Part 10 [Miscellaneous] , except

section 62 [application of Act to BC Review Board] .

Community Safety Act

SECTION 52: [Community Safety Act,

section 42] is consequential to the amendments made

by this Bill to the Manufactured Home Park Tenancy Act .

Section 42 of the Community Safety Act, S.B.C. 2013, c. 16, is repealed and the following substituted:

Section 55 is amended by adding the following subsection:

(1.1) The director may not make a decision or an order under this Act that has the effect of altering a provision of a community safety order.

SECTION 53: [Community Safety Act,

section 51] is consequential to the amendments made

by this Bill to the Residential Tenancy Act .

Section 51 is repealed and the following substituted:

Section 62 is amended by adding the following subsection:

(1.1) The director may not make a decision or an order under this Act that has the effect of altering a provision of a community safety order.

Employment and Assistance Act

SECTION 54: [Employment and Assistance Act,

section 19] is self-explanatory.

Section 19 (2) of the Employment and Assistance Act, S.B.C. 2002, c. 40, is amended by striking out " merit based process " and substituting " merit-based process ".

SECTION 55: [Employment and Assistance Act,

section 19.1] applies certain provisions of

the Administrative Tribunals Act to the Employment and Assistance Appeal

Tribunal.

Section 19.1 is repealed and the following substituted:

Application of Administrative Tribunals Act

19.1 The following provisions of the Administrative Tribunals Act apply to the tribunal:

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] , except sections 7 (3) [remuneration and benefits after expiry of term] and 10 [remuneration and benefits for members] ;

(

c) Part 3 [Clustering] ;

(

d) section 30 [tribunal duties] ;

(

e) section 44 [tribunal without jurisdiction over constitutional questions] ;

(

f) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code ] ;

(

g) Part 8 [Immunities] ;

(

h) section 58 [standard of review with privative clause] ;

(

i) section 59.1 [surveys] ;

(

j) section 59.2 [reporting] ;

(k)

section 60 (1) (

g) to (

i) and (2) [power to make regulations] ;

(

l) section 61 [application of Freedom of Information and Protection of Privacy Act ] .

Employment Standards Act

SECTION 56: [Employment Standards Act,

section 103] applies certain provisions of the

Administrative Tribunals Act to the Employment Standards Tribunal.

Section 103 of the Employment Standards Act, R.S.B.C. 1996, c. 113, is repealed and the following substituted:

Application of Administrative Tribunals Act

103 The following provisions of the Administrative Tribunals Act apply to the tribunal:

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] ;

(

c) Part 3 [Clustering] ;

(

d) Part 4 [Practice and Procedure] , except the following:

(

i) section 22 [notice of appeal (inclusive of prescribed fee)] ;

(ii)

section 23 [notice of appeal (exclusive of prescribed fee)] ;

(iii)

section 24 [time limit for appeals] ;

(iv)

section 25 [appeal does not operate as stay] ;

(

v) section 26 [organization of tribunal] ;

(vi)

section 27 [staff of tribunal] ;

(vii)

section 31 [summary dismissal] ;

(viii)

section 34 (1) and (2) [party power to compel witnesses and require disclosure] ;

(ix)

section 41 [hearings open to public] ;

(

x) section 42 [discretion to receive evidence in confidence] ;

(

e) section 45 [tribunal without jurisdiction over Canadian Charter of Rights and Freedoms issues] ;

(

f) section 46 [notice to Attorney General if constitutional question raised in application] ;

(

g) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code ] ;

(

h) section 48 [maintenance of order at hearings] ;

(

i) section 49 [contempt proceeding for uncooperative witness or other person] ;

(

j) Part 7 [Decisions] , except sections 50 (1) [money order set out as principal and interest] and 54 [enforcement of tribunal's final decision] ;

(

k) Part 8 [Immunities] ;

(

l) section 57 [time limit for judicial review] ;

(

m) section 58 [standard of review with privative clause] ;

(

n) section 59.1 [surveys] ;

(

o) section 59.2 [reporting] ;

(p)

section 60 (1) (a), (

b) and (

g) to (

i) and (2) [power to make regulations] ;

(

q) section 61 [application of Freedom of Information and Protection of Privacy Act ] .

SECTION 57: [Employment Standards Act,

section 109] authorizes the Employment Standards

Tribunal to extend the time for applying for reconsideration.

Section 109 (1) (

b) is amended by striking out " requesting an appeal " and substituting " requesting an appeal or applying for reconsideration ".

SECTION 58: [Employment Standards Act,

section 112] clarifies that the director is a party

to an appeal under

section 112 of the Act.

Section 112 is amended by adding the following subsection:

(5.1) The director is a party to an appeal under this section.

SECTION 59: [Employment Standards Act,

section 116] provides that an application for

reconsideration, or a decision by the Employment Standards Tribunal to

reconsider, must occur within 30 days of the original decision.

Section 116 is amended

(

a) by repealing subsection (2) and substituting the following:

(2) The director or a person served with an order or a decision of the tribunal may make an application under this section.

(2.1) The application may not be made more than 30 days after the date of the order or decision.

(2.2) The tribunal may not reconsider an order or decision on the tribunal's own motion more than 30 days after the date of the decision or order. , and

(

b) by adding the following subsection:

(4) The director and a person served with an order or a decision of the tribunal are parties to a reconsideration of the order or decision.

Environmental Management Act

SECTION 60: [Environmental Management Act,

section 93] is consequential to the addition

by this Bill of

section 93.1 to the Act.

Section 93 of the Environmental Management Act, S.B.C. 2003, c. 53, is amended

(

a) in subsection (3) by striking out " merit based process " and substituting " merit-based process ", and

(

b) by repealing subsections (4) and (7) to (11).

SECTION 61: [Environmental Management Act,

section 93.1] applies certain provisions of

the Administrative Tribunals Act to the Environmental Appeal Board.

61 The following

section is added:

Application of Administrative Tribunals Act

93.1

(1) Subject to subsection (2), for the purposes of an appeal, the following provisions of the Administrative Tribunals Act apply to the appeal board:

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] ;

(

c) Part 3 [Clustering] ;

(

d) Part 4 [Practice and Procedure] , except the following:

(

i) section 23 [notice of appeal (exclusive of prescribed fee)] ;

(ii)

section 24 [time limit for appeals] ;

(iii)

section 33 [interveners] ;

(iv)

section 34 (1) and (2) [party power to compel witnesses and require disclosure] ;

(

e) Part 6 [Costs and Sanctions] ;

(

f) Part 7 [Decisions] ;

(

g) Part 8 [Immunities] ;

(

h) section 57 [time limit for judicial review] ;

(

i) section 59.1 [surveys] ;

(

j) section 59.2 [reporting] ;

(

k) section 60 [power to make regulations] .

(2) A reference to an intervener in a provision of the Administrative Tribunals Act made applicable to the appeal board under subsection (1) must be read as a reference to a person or body to which both of the following apply:

(

a) the appeal board has given the person or body the right to appear before it;

(

b) the person or body does not have full party status.

SECTION 62: [Environmental Management Act, sections 94 and 95] is consequential to the

addition by this Bill of

section 93.1 to the Act.

62 Sections 94 (2) and (3) and 95 are repealed.

SECTION 63: [Environmental Management Act,

section 102] applies the provisions of

Division 1 of

Part 8 of the Act to appeals under Division 2 of

Part 8.

Section 102 (1) is repealed and the following substituted:

(1) Division 1 [Environmental Appeal Board] of this Part applies to an appeal under this Division.

SECTION 64: [Environmental Management Act,

section 104 and Division 3 of

Part 8] is

consequential to

the addition by this Bill of

section 93 to the Act, and

the amendments made by this Bill to

section 102 of the Act.

Section 104 and Division 3 of

Part 8 are repealed.

SECTION 65: [Environmental Management Act,

section 133] provides that the general provisions

for services of notices under the Environmental Management Act do

not apply to notices of the Environmental Appeal Board.

Section 133 is amended by adding the following subsection:

(4) This

section does not apply to notices or documents of the appeal board.

Farm Practices Protection (Right to Farm) Act

SECTION 66: [Farm Practices Protection (Right to Farm) Act,

section 5] removes the

requirement that a panel of the board have 3 members.

Section 5 of the Farm Practices Protection (Right to Farm) Act, R.S.B.C. 1996, c. 131, is repealed and the following substituted:

Establishing panels to hear complaints

5 After receipt of an application that meets the requirements of

section 3, the chair of the board, if satisfied that any consultations under

section 4 have been terminated without achieving a settlement of the complaint, or that settlement is unlikely, must establish a panel of the board to hear the complaint.

SECTION 67: [Farm Practices Protection (Right to Farm) Act, sections 6, 6.1, 7, 10 and

11] is consequential to the addition by this Bill of

section 11.1 to the Act.

67 Sections 6 (3) to (5), 6.1, 7, 10 and 11 (5) are repealed.

SECTION 68: [Farm Practices Protection (Right to Farm) Act,

section 8 (1)] is consequential

to the repeal by this Bill of

section 6 (5).

Section 8 (1) is amended by striking out " , in accordance with

section 6 (5), ".

SECTION 69: [Farm Practices Protection (Right to Farm) Act,

section 11.1] applies to the

board certain provisions of the Administrative Tribunals Act in relation to the

board's powers and duties under the Act.

69 The following

section is added:

Application of Administrative Tribunals Act

11.1

(1) For the purposes of exercising its powers and performing duties under this Act, the following provisions of the Administrative Tribunals Act apply to the board in addition to those incorporated under

section 3.1 [application of Administrative Tribunals Act to the board] of the Natural Products Marketing (BC) Act :

(

a) Part 4 [Practice and Procedure] , except the following:

(

i) section 21 [notice of hearing by publication] ;

(ii)

section 22 [notice of appeal (inclusive of prescribed fee)] ;

(iii)

section 23 [notice of appeal (exclusive of prescribed fee)] ;

(iv)

section 24 [time limit for appeals] ;

(

v) section 25 [appeal does not operate as stay] ;

(vi)

section 31 (1) (b) [summary dismissal for not filing within time limit] ;

(vii)

section 34 (1) and (2) [party power to compel witnesses and require disclosure] ;

(

b) section 47 [power to award costs] ;

(

c) section 49 [contempt proceedings for uncooperative witness or other person] ;

(

d) Part 7 [Decisions] , except

section 50 (1) [money order set out as principal and interest] ;

(

e) section 56 [immunity protection for tribunal and members] ;

(f)

section 60 (1) (

a) to (

i) and (2) [power to make regulations] .

(2) Despite

section 3.1 of the Natural Products Marketing (BC) Act , the following sections of the Administrative Tribunals Act do not apply to the board in relation to this Act:

(

a) section 57 [time limit for judicial review] ;

(

b) section 58 [standard of review with privative clause] .

SECTION 70: [Farm Practices Protection (Right to Farm) Act,

section 12] is consequential

to the repeal by this Bill of

section 10 (3) of the Act.

Section 12 (2) is amended

(

a) by repealing paragraphs (

a) and (e), and

(

b) in paragraph (

d) by striking out " for the purposes of

section 10 (3), ".

Financial Institutions Act

SECTION 71: [Financial Institutions Act,

section 202] is self-explanatory.

Section 202 (1) (

a) and (

c) of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended by striking out " merit based process " and substituting " merit-based process ".

SECTION 72: [Financial Institutions Act,

section 202.1] applies certain provisions of the

Administrative Tribunals Act to the Financial Institutions Commission.

Section 202.1 is repealed and the following substituted:

Application of Administrative Tribunals Act

202.1 The following provisions of the Administrative Tribunals Act apply to the commission:

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] , except sections 4 [appointment of acting chair] and 9 [responsibilities of the chair] ;

(

c) section 55 [compulsion protection] ;

(

d) section 59.1 [surveys] ;

(

e) section 59.2 [reporting] ;

(f)

section 60 (1) (

g) to (

i) and (2) [power to make regulations] ;

(

g) section 61 [application of Freedom of Information and Protection of Privacy Act ] .

SECTION 73: [Financial Institutions Act,

section 242.1] applies certain provisions of the

Administrative Tribunals Act to the Financial Services Tribunal.

Section 242.1 is amended

(

a) in subsection (1) (

a) and (

b) by striking out " merit based process " and substituting " merit-based process ",

(

b) by repealing subsection (4), and

(

c) by repealing subsection (7) and substituting the following:

(7) The following provisions of the Administrative Tribunals Act apply to the tribunal or to appeals conducted by the tribunal:

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] ;

(

c) Part 3 [Clustering] ;

(

d) Part 4 [Practice and Procedure] , except the following:

(

i) section 17 [withdrawal or settlement of application] ;

(ii)

section 21 [notice of hearing by publication] ;

(iii)

section 23 [notice of appeal (exclusive of prescribed fee)] ;

(iv)

section 25 [appeal does not operate as stay] ;

(

v) section 26 [organization of tribunal] ;

(vi)

section 27 [staff of tribunal] ;

(vii)

section 28 [facilitated settlement] ;

(viii)

section 29 [disclosure protection] ;

(ix)

section 30 [tribunal duties] ;

(

x) section 33 [interveners] ;

(xi)

section 34 [power to compel witnesses and order disclosure] ;

(xii)

section 36 [form of hearing of application] ;

(

e) section 44 [tribunal without jurisdiction over constitutional questions] ;

(

f) section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code ] ;

(

g) Part 6 [Costs and Sanctions] , except sections 47.1 [security for costs] and 47.2 [government and agents of government] ;

(

h) Part 7 [Decisions] ;

(

i) Part 8 [Immunities] ;

(

j) section 57 [time limit for judicial review] ;

(

k) section 58 [standard of review with privative clause] ;

(

l) section 59.1 [surveys] ;

(

m) section 59.2 [reporting] ;

(

n) Part 10 [Miscellaneous] , except

section 62 [application of Act to BC Review Board] .

Forest Act

SECTION 74: [Forest Act,

section 1] amends the

definitions of ""Forest Appeals Commission"

and "commission"" to reflect that the Forest Appeal Commission's

enabling statute has been changed from the Forest Practices Code of British

Columbia Act to the Forest and Range Practices Act .

Section 1 (1) of the Forest Act, R.S.B.C. 1996, c. 157, is amended by repealing the definition of " "Forest Appeals Commission" or "commission" " and substituting the following:

"commission" has the same meaning as "Forest Appeals Commission";

"Forest Appeals Commission" means the Forest Appeals Commission continued under

section 140.1 of the Forest and Range Practices Act ; .

SECTION 75: [Forest Act,

section 142.921] clarifies that

Part 12 of the Act does not apply to

appeals to the revenue minister.

75 The following

section is added to Division 4 of

Part 11.1:

Part 12 does not apply

142.921

Part 12 does not apply to an appeal under this Division.

SECTION 76: [Forest Act,

section 146] clarifies that Division 2 of

Part 12 of the Act does

not apply to appeals under the Forest and Range Practices Act in respect of

contraventions of the Act.

Section 146 (5) is repealed and the following substituted:

(5) This Division does not apply to an appeal under the Forest and Range Practices Act in respect of a contravention of this Act or the regulations under this Act.

SECTION 77: [Forest Act,

section 146.1] applies

Part 8.1 of the Forest and Range Practices

Act to appeals referred to in

section 146 (1) or (2) of the Act.

77 The following

section is added:

Part 8.1 of Forest and Range Practices Act applies

146.1

Part 8.1 of the Forest and Range Practices Act applies to an appeal referred to in

section 146 (1) or (2) of this Act.

SECTION 78: [Forest Act,

section 147] sets out the parties to an appeal under Division 2 of

Part 12 of the Act.

Section 147 is repealed and the following substituted:

Parties to appeal

(1) If a determination, order or decision referred to in

section 146 (1) or (2) is made, the determination, order or decision may be appealed by the person

(

a) in respect of whom it is made, or

(

b) in respect of whose agreement it is made.

(2) Only the appellant and the government are parties to the appeal.

SECTION 79: [Forest Act, sections 148 to 148.6, 149, 149.1 and 150] is consequential to the

application of

Part 8.1 of the Forest and Range Practices Act to appeals

referred to in

section 146 (1) or (2) of the Act.

79 Sections 148 to 148.6, 149 (4) and (5), 149.1 and 150 are repealed.

SECTION 80: [Forest Act,

section 150.1] provides that Division 4 of

Part 6 of the Forest and

Range Practices Act governs the procedure in a correction, review or appeal of

a contravention under the Act or its regulations.

80 The following Division is added to

Part 12:

Division 2.1 – Appeals of Contraventions

Forest and Range Practices Act applies to contravention appeals

150.1 Division 4 of

Part 6 of the Forest and Range Practices Act applies to a correction, review or appeal under the Forest and Range Practices Act in respect of a contravention of this Act or the regulations under this Act.

SECTION 81: [Forest Act,

section 151] repeals regulatory authority of the Lieutenant Governor

in Council in relation to appeals to the Forest Appeals Commission, consequential

to the application of

Part 8.1 of the Forest and Range Practices Act to

appeals under the Act.

Section 151 (2) is amended

(

a) in paragraph (

q) by striking out " and appeals ",

(

b) in paragraph (

r) by striking out " and the content of notices of appeal under

section 147 ",

(

c) in paragraph (

s) by striking out " or appeal " and " or notice of appeal ",

(

d) by repealing paragraph (

t) and substituting the following:

(

t) the costs of reviews and the apportionment of those costs between the government and the person requesting the review; ,

(

e) by repealing paragraph (u),

(

f) in paragraph (

v) by striking out " and appeals ", and

(

g) by repealing paragraphs (

w) and (x).

SECTION 82: [Forest Act,

section 167.3] is consequential to the addition by this Bill of sections

146.1 and 150.1 to the Act.

Section 167.3 is amended

(

a) in subsection (1) by striking out " Divisions 1 to 4 of

Part 6 " and substituting " Divisions 1 to 3 of

Part 6 ", and

(

b) by repealing subsection (2).

Forest and Range Practices Act

SECTION 83: [Forest and Range Practices Act,

section 1] amends the definition of "commission"

to reflect that the Forest Appeal Commission's enabling statute has

been changed from the Forest Practices Code of British Columbia Act to the

Forest and Range Practices Act .

Section 1 (1) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is amended by repealing the definition of "commission" and substituting the following:

"commission" means the Forest Appeals Commission continued under

section 140.1; .

SECTION 84: [Forest and Range Practices Act,

section 82] is consequential to the repeal by

this Bill of the enabling provisions of the Forest Practices Code of British

Columbia Act .

Section 82 (2) is repealed and the following substituted:

(2) The board, if it so requests, has standing to be a party to an appeal under this section.

SECTION 85: [Forest and Range Practices Act, sections 83 and 84] is consequential to the

repeal by this Bill of the enabling provisions of the Forest Practices Code of

British Columbia Act .

85 Sections 83 (3) and 84 (3) and (4) are repealed.

SECTION 86: [Forest and Range Practices Act,

section 83.1] applies the intervener provision

of the Administrative Tribunals Act to appeals under sections 82 and 83 of

the Act.

86 The following

section is added:

Application of Administrative Tribunals Act to appeals under this Act

83.1 In addition to the provisions of the Administrative Tribunals Act incorporated under

Part 8.1 of this Act,

section 33 of that Act applies to appeals under sections 82 and 83 of this Act.

SECTION 87: [Forest and Range Practices Act,

section 110] disapplies general notice provisions

of the Act to notices of the Forest Appeals Commission.

Section 110 (1) is amended by striking out " the government, board or commission " and substituting " the government or board ".

SECTION 88: [Forest and Range Practices Act,

Part 8.1] continues the Forest Appeals

Commission and establishes general provisions regarding jurisdiction,

appointment and procedure.

88 The following

Part is added:

Part 8.1 – Forest Appeals Commission

Forest Appeals Commission continued

140.1

(1) The Forest Appeals Commission is continued.

(2) The commission is to hear appeals under

(

a) section 82 or 83, or

(

b) the Forest Act , the Private Managed Forest Land Act , the Range Act or the Wildfire Act and, in relation to appeals under those Acts, the commission has the powers given to it by those Acts.

(3) The commission consists of the following members appointed by the Lieutenant Governor in Council after a merit-based process:

(

a) a member designated as the chair;

(

b) one or more members designated as vice chairs after consultation with the chair;

(

c) other members appointed after consultation with the chair.

Application of Administrative Tribunals Act

140.2 The following provisions of the Administrative Tribunals Act apply to the commission:

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] ;

(

c) Part 3 [Clustering] ;

(

d) Part 4 [Practice and Procedure] , except the following:

(

i) section 22 [notice of appeal (inclusive of prescribed fee)] ;

(ii)

section 25 [appeal does not operate as stay] ;

(iii)

section 33 [interveners] ;

(iv)

section 34 (1) and (2) [party power to compel witnesses and require disclosure] ;

(

e) Part 6 [Costs and Sanctions] , except sections 47.1 [security for costs] and 47.2 [government and agents of government] ;

(

f) Part 7 [Decisions] ;

(

g) Part 8 [Immunities] ;

(

h) section 59.1 [surveys] ;

(

i) section 59.2 [reporting] ;

(

j) Part 10 [Miscellaneous] , except

section 62 [application of Act to BC Review Board] .

Mandate of commission

140.3

(1) In accordance with the regulations, the commission must

(

a) hear appeals under this Act, the Forest Act , the Private Managed Forest Land Act , the Range Act or the Wildfire Act ,

(

b) provide the minister with an annual evaluation of the manner in which reviews and appeals under this Act, the Forest Act , the Private Managed Forest Land Act , the Range Act and the Wildfire Act are functioning and identify problems that may have arisen under the provisions of those Acts,

(

c) make recommendations to the minister annually, and at other times it considers appropriate, concerning the need for amendments to this Act, the Forest Act , the Private Managed Forest Land Act , the Range Act and the Wildfire Act and related regulations respecting reviews and appeals, and

(

d) perform other functions required by the regulations.

(2) The chair must give to the minister an annual report concerning the commission's activities.

(3) The minister must promptly lay the report before the Legislative Assembly if it is in session or, if it is not in session when the report is submitted, file the report with the Clerk of the Legislative Assembly.

Time for appeal by board

140.4

(1) If the board may appeal a decision, order or determination, the board must do so no later than 60 days after the latest of the following to occur:

(

a) the original decision, order or determination;

(

b) any correction of the original decision, order or determination;

(

c) any review of the original decision, order or determination.

(2) The board may apply for an order under

section 84 (2) no later than 60 days after the period prescribed for

section 83 (2) (

b) has elapsed.

Persons and bodies entitled to notice

and to be parties to appeal

140.5

(1) In this section, "minister" means the minister responsible for the administration of the

section of the Act under which the decision, order or determination giving rise to an appeal was made.

(2) On receipt of a notice of appeal, the commission must give a copy of the notice of appeal to the minister.

(3) On receipt of a notice of appeal in which the board has standing, the commission must give a copy of the notice,

(

a) if a person other than the board delivered the notice, to the board, or

(

b) if the board delivered the notice,

(

i) to the person who is the subject of the determination, or

(ii) for an appeal of a failure to make a determination, to the person who would be subject to the determination, if made.

(4) The following are parties to an appeal:

(

a) the government;

(

b) the board, if it has standing and so requests;

(

c) the person who is the subject of the determination or would be the subject of the determination, if made.

(5) At any stage of an appeal, the commission or a member of it may direct that a person who may be affected by the appeal be added as a party to the appeal.

Appeal by new hearing

140.6 The commission may conduct an appeal by way of a new hearing.

Appeal to court

140.7

(1) A party to an appeal, or the minister, may appeal the decision of the commission to the Supreme Court on a question of law or jurisdiction.

(2) An appeal under subsection (1) must be filed no later than 3 weeks after the date the person filing the appeal receives the decision of the commission.

(3) On an appeal under subsection (1), a judge of the Supreme Court, on terms the judge considers appropriate, may order that all or part of the decision or order of the commission be stayed.

(4) An appeal from a decision of the Supreme Court lies to the Court of Appeal with leave of a justice of the Court of Appeal.

SECTION 89: [Forest and Range Practices Act,

section 166] authorizes the Lieutenant Governor

in Council to make certain regulations in relation to the Forest Appeals

Commission.

Section 166 is amended

(

a) by renumbering the

section as

section 166 (1), and

(

b) by adding the following subsection:

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(

a) prescribing the period that must elapse after the facts relevant to a determination first come to the knowledge of an official or a minister before the board may apply to the commission for an order under

section 83;

(

b) prescribing the period in which the commission must deliver a decision after holding a hearing;

(

c) prescribing the form and content of annual reports made by the commission.

Forest Practices Code of British Columbia Act

SECTION 90: [Forest Practices Code of British Columbia Act,

section 1] is self-explanatory.

Section 1 of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is repealed.

SECTION 91: [Forest Practices Code of British Columbia Act, sections 131, 132 to 137 and

139 to 141 and

Part 9] is self-explanatory.

91 Sections 131, 132 to 137 and 139 to 141 and

Part 9 are repealed.

SECTION 92: [Forest Practices Code of British Columbia Act,

section 200] disapplies the

authority of the Lieutenant Governor in Council to make regulations respecting

fees for services by the Forest Appeals Commission, consequential to the

incorporation of

section 60 (

c) of the Administrative Tribunals Act by

section

140.2 (

j) of the Forest and Range Practices Act , as enacted by this Bill.

Section 200 is amended by striking out " , the commission ".

SECTION 93: [Forest Practices Code of British Columbia Act,

section 220] is self-explanatory.

Section 220 is repealed.

Greenhouse Gas Industrial Reporting and Control Act

SECTION 94: [Greenhouse Gas Industrial Reporting and Control Act,

section 52] is consequential

to the incorporation of provisions of the Administrative Tribunals Act

to the Environmental Appeal Board by the addition by this Bill of

section 93.1

to the Environmental Management Act .

Section 52 (1) of the Greenhouse Gas Industrial Reporting and Control Act, S.B.C. 2014, c. 29, is repealed, and the following substituted:

(1) The Lieutenant Governor in Council may make regulations respecting appeals under

Part 5 [Appeals to Environmental Appeal Board] , including, without limitation, prescribing decisions or classes of decisions as being appealable under that Part.

Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act

SECTION 95: [Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements)

Act,

section 28] is consequential to the incorporation of provisions of

the Administrative Tribunals Act to the Environmental Appeal Board by the

addition by this Bill of

section 93.1 to the Environmental Management Act .

Section 28 (1) of the Greenhouse Gas Reduction (Renewable and Low Carbon Fuel Requirements) Act, S.B.C. 2008, c. 16, is repealed and the following substituted:

(1) The Lieutenant Governor in Council may make regulations respecting appeals under

Part 5 [Appeals to Environmental Appeal Board] , including, without limitation, prescribing decisions or classes of decisions as being appealable under that Part.

Greenhouse Gas Reduction (Vehicle Emission Standards) Act

SECTION 96: [Greenhouse Gas Reduction (Vehicle Emission Standards) Act,

section 29]

is consequential to the incorporation of provisions of the Administrative Tribunals

Act to the Environmental Appeal Board by the addition by this Bill of

section

93.1 to the Environmental Management Act .

Section 29 (1) of the Greenhouse Gas Reduction (Vehicle Emission Standards) Act, S.B.C. 2008, c. 21, is repealed and the following substituted:

(1) The Lieutenant Governor in Council may make regulations respecting appeals under

Part 5 [Appeals to Environmental Appeal Board] , including, without limitation, prescribing decisions or classes of decisions as being appealable under that Part.

Health Professions Act

SECTION 97: [Health Professions Act,

section 50.52] applies certain provisions of the

Administrative Tribunals Act to the Health Professions Review Board generally.

Section 50.52 of the Health Professions Act, R.S.B.C. 1996, c. 183, is repealed and the following substituted:

Application of Administrative Tribunals Act to review board

50.52 The following provisions of the Administrative Tribunals Act apply to the review board:

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] ;

(

c) Part 3 [Clustering] ;

(

d) section 26 [organization of tribunal] ;

(

e) section 27 [staff of tribunal] ;

(

f) section 28 [facilitated settlement] ;

(

g) section 29 [disclosure protection] ;

(

h) section 30 [tribunal duties] ;

(

i) Part 8 [Immunities] ;

(

j) section 59.1 [surveys] ;

(

k) section 59.2 [reporting] ;

(l)

section 60 (1) (

g) to (

i) and (2) [power to make regulations] .

SECTION 98: [Health Professions Act, Schedule] is consequential to the incorporation of

certain provisions of the Administrative Tribunals Act to the Health Professions

Review Board generally by

section 50.52 of the Health Professions Act ,

as enacted by this Bill.

98 The

Schedule is amended in Column 1 by striking out "

Section 60 " and substituting "

Section 60 (1) (

b) to (

f) and (2) ".

Homeowner Protection Act

SECTION 99: [Homeowner Protection Act,

section 29.4] incorporates the provisions of the

Safety Standards Act regarding jurisdiction and procedure of the Safety Standards

Appeal Board, with exceptions.

Section 29.4 (7) and (8) of the Homeowner Protection Act, S.B.C. 1998, c. 31, is repealed and the following substituted:

(7) Subject to this Act,

Part 8 and Division 2 of

Part 9 of the Safety Standards Act apply to an appeal under this Part.

(8) Despite subsection (7), the following provisions of the Administrative Tribunals Act incorporated under

section 44 of the Safety Standards Act do not apply to an appeal under this Part:

(

a) section 26 [organization of tribunal] ;

(

b) section 27 [staff of tribunal] ;

(

c) section 30 [tribunal duties] .

Hospital Act

SECTION 100: [Hospital Act,

section 46] applies certain provisions of the Administrative Tribunals

Act to the Hospital Appeal Board.

Section 46 of the Hospital Act, R.S.B.C. 1996, c. 200, is amended

(

a) in subsection (4.1) (

a) to (

e) by striking out " merit based process " and substituting " merit-based process ", and

(

b) by repealing subsection (4.2) and substituting the following:

(4.2) The following provisions of the Administrative Tribunals Act apply to the Hospital Appeal Board:

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] ;

(

c) Part 3 [Clustering] ;

(

d) Part 4 [Practice and Procedure] , except the following:

(

i) section 21 [notice of hearing by publication] ;

(ii)

section 22 [notice of appeal (inclusive of prescribed fee)] ;

(iii)

section 23 [notice of appeal (exclusive of prescribed fee)] ;

(iv)

section 24 [time limit for appeals] ;

(

v) section 36 [form of hearing of application] ;

(vi)

section 40 [information admissible in tribunal proceedings] ;

(vii)

section 41 [hearing open to public] ;

(

e) section 44 [tribunal without jurisdiction over constitutional questions] ;

(

f) section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code ] ;

(

g) Part 6 [Costs and Sanctions] , except sections 47.1 [security for costs] and 47. 2 [government and agents of government] ;

(

h) Part 7 [Decisions] ;

(

i) Part 8 [Immunities] ;

(

j) section 57 [time limit for judicial review] ;

(

k) section 58 [standard of review with privative clause] ;

(

l) section 59.1 [surveys] ;

(

m) section 59.2 [reporting] ;

(n)

section 60 (1) (a), (

b) and (

d) to (

i) and (2) [power to make regulations] ;

(

o) section 61 [application of Freedom of Information and Protection of Privacy Act ] .

Human Rights Code

SECTION 101: [Human Rights Code,

section 1] amends the

definitions of "chair" and "member"

consequential to the repeal and replacement by this Bill of

section 31 of

the Code.

Section 1 of the Human Rights Code, R.S.B.C. 1996, c. 210, is amended

(

a) in the definition of "chair" by striking out "

section 31 (1) (a) " and substituting "

section 31 ", and

(

b) in the definition of "member" by striking out "

section 31 (1) (b) " and substituting "

section 31 ".

SECTION 102: [Human Rights Code,

section 27.3] authorizes the Human Rights Tribunal to

make rules requiring or allowing that a process be conducted electronically.

Section 27.3 (2) is amended by adding the following paragraph:

(

m) requiring or allowing that a process be conducted electronically, with or without conditions.

SECTION 103: [Human Rights Code,

section 31] repeals and replaces

section 31 of the Code

to remove references to manner and term of appointment, now addressed by

provisions of the Administrative Tribunals Act made applicable to the Human

Rights Tribunal by

section 32 (

b) of the Code, as enacted by this Bill.

Section 31 is repealed and the following substituted:

Human Rights Tribunal

31 The British Columbia Human Rights Tribunal is continued consisting of the following individuals appointed by the Lieutenant Governor in Council after a merit-based process:

(

a) a member designated as the chair;

(

b) other members appointed after consultation with the chair.

SECTION 104: [Human Rights Code,

section 32] applies certain provisions of the Administrative

Tribunals Act to the Human Rights Tribunal.

Section 32 is repealed and the following substituted:

Application of Administrative Tribunals Act to tribunal

32 The following provisions of the Administrative Tribunals Act apply to the tribunal:

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] ;

(

c) Part 3 [Clustering] ;

(

d) section 17 [withdrawal or settlement of application] ;

(

e) section 28 [facilitated settlement] ;

(

f) section 29 [disclosure protection] ;

(

g) section 30 [tribunal duties] ;

(h)

section 34 (3) and (4) [tribunal power to compel witnesses and order disclosure] ;

(

i) section 45 [tribunal without jurisdiction over Canadian Charter of Rights and Freedoms issues] ;

(

j) section 46 [notice to Attorney General if constitutional question raised in application] ;

(

k) section 46.1 (3) to (9) [notice to Attorney General regarding issue under Human Rights Code ] ;

(

l) section 48 [maintenance of order at hearings] ;

(

m) section 49 [contempt proceeding for uncooperative witness or other person] ;

(

n) section 50 [decisions] ;

(

o) Part 8 [Immunities] ;

(

p) section 57 [time limit for judicial review] ;

(

q) section 59 [standard of review without privative clause] ;

(

r) section 59.1 [surveys] ;

(

s) section 59.2 [reporting] ;

(t)

section 60 (1) (

g) to (

i) and (2) [power to make regulations] ;

(

u) section 61 [application of Freedom of Information and Protection of Privacy Act ] .

SECTION 105: [Human Rights Code,

section 39.1] provides that the minister must file the

report of the Human Rights Tribunal with the Clerk of the Legislative Assembly

if the Legislative Assembly is not in session.

Section 39.1 (2) is repealed and the following substituted:

(2) The minister must,

(

a) if the Legislative Assembly is in session, promptly lay the annual report under subsection (1) before the Legislative Assembly, or

(

b) if the Legislative Assembly is not in session when the annual report is submitted, file the report with the Clerk of the Legislative Assembly.

SECTION 106: [Human Rights Code,

section 43] expands the protection of the anti-retaliation

section of the Code where a complaint or proceeding has not been initiated.

Section 43 is amended by striking out " gives evidence or otherwise assists in a complaint or other proceeding under this Code. " and substituting " might complain or be named in a complaint, gives evidence, might give evidence or otherwise assists or might assist in a complaint or other proceeding under this Code. "

Industry Training Authority Act

SECTION 107: [Industry Training Authority Act,

section 10] applies certain provisions of the

Administrative Tribunals Act to the Industry Training Appeal Board.

Section 10 of the Industry Training Authority Act, S.B.C. 2003, c. 34, is amended

(

a) in subsection (1) by striking out " merit based process: " and substituting " merit-based process: ", and

(

b) by repealing subsection (2) and substituting the following:

(2) The following provisions of the Administrative Tribunals Act apply to the appeal board:

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] ;

(

c) Part 3 [Clustering] ;

(

d) Part 8 [Immunities] ;

(

e) section 59.1 [surveys] ;

(

f) section 59.2 [reporting] .

SECTION 108: [Industry Training Authority Act,

section 11] amends the authority of the

Lieutenant Governor in Council to make regulations in relation to appeals to

the Industry Training Appeal Board.

Section 11 (6) is amended by striking out " 60 (

a) to (c) " and substituting " 60 (1) (

a) to (

c) and (

g) to (

i) and (2) ".

Integrated Pest Management Act

SECTION 109: [Integrated Pest Management Act,

section 14] applies, subject to the Integrated

Pest Management Act , Division 1 of

Part 8 of the Environmental Management

Act to appeals, under the Integrated Pest Management Act , to the

Environmental Appeal Board.

Section 14 (5), (6) and (9) of the Integrated Pest Management Act, S.B.C. 2003, c. 58, is repealed and the following substituted:

(6) Subject to this Act, Division 1 of

Part 8 of the Environmental Management Act applies to an appeal under this Act.

SECTION 110: [Integrated Pest Management Act,

section 35] is self-explanatory.

Section 35 (3) is repealed.

Labour Relations Code

SECTION 111: [Labour Relations Code,

section 115] is self-explanatory.

Section 115 (1) of the Labour Relations Code, R.S.B.C. 1996, c. 244, is amended by striking out " merit based process. " and substituting " merit-based process. "

SECTION 112: [Labour Relations Code,

section 115.1] applies certain provisions of the

Administrative Tribunals Act to the Labour Relations Board.

Section 115.1 is repealed and the following substituted:

Application of Administrative Tribunals Act

115.1 The following provisions of the Administrative Tribunals Act apply to the board:

(

a) Part 1 [Interpretation] ;

(

b) Part 2 [Appointments] ;

(

c) Part 3 [Clustering] ;

(d)

section 34 (3) (

b) and (4) [tribunal power to compel witnesses and order disclosure] ;

(

e) section 43 [discretion to refer questions of law to court] ;

(

f) section 46 [notice to Attorney General if constitutional question raised in application] ;

(

g) section 46.1 [discretion to decline jurisdiction to apply the Human Rights Code ] ;

(h)

section 47 (1) (c) [power to award costs] ;

(

i) section 48 [maintenance of order at hearings] ;

(

j) section 49 [contempt proceeding for uncooperative witness or other person] ;

(

k) section 56 [immunity protection for tribunal and members] ;

(

l) section 57 [time limit for judicial review] ;

(m)

section 58 (1) and (2) [standard of review with privative clause] ;

(

n) section 59.1 [surveys] ;

(

o) section 59.2 [reporting] ;

(p)

section 60 (1) (

g) to (

i) and (2) [power to make regulations] ;

(

q) section 61 [application of Freedom of Information and Protection of Privacy Act ] .

Local Government Act

SECTION 113: [Local Government Act,

section 693] is consequential to the incorporation of

the panel provisions of the Administrative Tribunals Act in

section 693.01 (

g) of the Local Government Act , as enacted by this Bill.

Section 693 of the Local Government Act, R.S.B.C. 1996, c. 323, is amended

(

a) in subsection (1) by striking out " merit based process: " and substituting " merit-based process: ",

(

b) in subsection (4) by striking out " A " and substituting " If the appeal board sits as the tribunal under

section 26 (3) [organization of tribunal] of the Administrative Tribunals Act , a ", and

(

c) by repealing subsections (9) to (12).

SECTION 114: [Local Government Act,

section 693.01] applies certain provisions of the

Administrative Tribunals Act to the Building Code Appeal Board.

114 The following

section is added to Division 1 of

Part 21:

Application of Administrative Tribunals Act to appeal board

693.01 The following provisions of the Administrative Tribunals Act apply to the appeal board:

(

a) Part 1 [Interpretation and Application];

(

b) Part 2 [Appointments] , except

section 9 [responsibilities of the chair] ;

(

c) Part 3 [Clustering] ;

(

d) section 11 [general power to make rules respecting practice and procedure] ;

(

e) section 13 [practice directives tribunal may make] ;

(

f) section 18 [failure of party to comply with tribunal orders and rules] ;

(

g) section 26 [organization of tribunal] ;

(

h) section 27 [staff of tribunal] ;

(

i) section 28 [facilitated settlement] ;

(

j) section 29 [disclosure protection] ;

(

k) section 32 [representations of parties to an application] ;

(

l) section 36 [form of hearing of application] ;

(

m) section 39 [adjournments] ;

(

n) section 44 [tribunal without jurisdiction over constitutional questions] ;

(

o) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code ] ;

(

p) section 51 [final decision] ;

(

q) section 56 [immunity protection for tribunal and members] ;

(

r) section 58 [standard of review with privative clause] ;

(

s) section 59.1 [surveys] ;

(

t) section 59.2 [reporting] ;

(u)

section 60 (1) (

g) to (

i) and (2) [power to make regulations] .

SECTION 115: [Local Government Act,

section 693.01] applies

section 9 of the Administrative

Tribunals Act to the Building Code Appeal Board.

Section 693.01 (b), as enacted by

section 114 of this Act, is amended by striking out " , except

section 9 [responsibilities of the chair] ".

Manufactured Home Park Tenancy Act

SECTION 116: [Manufactured Home Park Tenancy Act,

section 1] adds to the Act

definitions

of "dispute resolution process", "facilitated settlement process" and

"rules of procedure".

Section 1 of the Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77, is amended by adding the following

definitions:

"dispute resolution process" means a process, including, without limitation, a facilitated settlement process and a hearing under

Part 6 [Resolving Disputes] , that is established by the regulations or the director to resolve one or more issues in dispute;

"facilitated settlement process" means a process established by the director to assist the parties to an application for dispute resolution to resolve their dispute;

"rules of procedure" means the rules of procedure established by the director under

section 9 [director's powers and duties] ; .

SECTION 117: [Manufactured Home Park Tenancy Act,

section 9] authorizes the director to

make and publish rules of procedure to facilitate the resolution of disputes

under

Part 6 of the Act, including

making rules of procedure in respect of applications for dispute resolution and dispute resolution proceedings and processes, and

making different rules for different types or classes of disputes, claims, issues, circumstances or processes.

Section 9 (3) is repealed and the following substituted:

(3) The director may make and publish rules of procedure to facilitate the resolution of disputes under

Part 6 [Resolving Disputes] .

(3.1) Without limiting subsection (3), the director may make rules as follows:

(

a) respecting applications for dispute resolution;

(

b) respecting dispute resolution proceedings and processes, including, without limitation,

(

i) the conduct of dispute resolution proceedings, and

(ii) the movement of disputes between different dispute resolution processes;

(

c) respecting the disclosure, exchange or provision of information, records and documents by parties before or during a dispute resolution process;

(

d) requiring or allowing that a process be conducted electronically, with or without conditions;

(

e) respecting the effect of a party's non-compliance with the rules of procedure.

(3.2) The director may make different rules for different types or classes of disputes, claims, issues, circumstances or dispute resolution processes.

SECTION 118: [Manufactured Home Park Tenancy Act,

section 9.1] is consequential to the

amendment made by this Bill to

section 9 of the Act.

Section 9.1 (1) is amended by striking out "

section 9 (3) " and substituting "

section 9 (3) or (3.1) ".

SECTION 119: [Manufactured Home Park Tenancy Act,

section 48]

requires the director, in specified circumstances, to grant to the landlord an order of possession of the manufactured home site;

is consequential to the amendments made by this Bill to

Part 6 of the Act.

Section 48 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) If a tenant makes an application for dispute resolution to dispute a landlord's notice to end a tenancy, the director must grant to the landlord an order of possession of the manufactured home site if

(

a) the landlord's notice to end tenancy complies with

section 45 [form and content of notice to end tenancy] , and

(

b) the director, during the dispute resolution proceeding, dismisses the tenant's application or upholds the landlord's notice. , and

(

b) in subsection (4) by striking out " Despite

section 54 [setting down dispute for hearing] , in " and substituting " In " and by striking out " holding a hearing, " and substituting " any further dispute resolution process under

Part 6 [Resolving Disputes] , ".

SECTION 120: [Manufactured Home Park Tenancy Act,

section 51] is consequential to the

amendments made by this Bill to

Part 6 of the Act.

Section 51 is amended

(

a) in subsection (2) by striking out " receives " and substituting " accepts " and by striking out " determine the dispute " and substituting " resolve the dispute under this Part ", and

(

b) in subsection (3) by striking out " for determination by the director " and substituting " to the director for dispute resolution ".

SECTION 121: [Manufactured Home Park Tenancy Act,

section 52] is consequential to the

amendments made by this Bill to

section 54 of the Act.

Section 52 is amended

(

a) in subsection (3) by adding " and the notice of dispute resolution proceeding referred to in

section 54 " before " to the other party " and by striking out " making the application, " and substituting " receiving the notice of dispute resolution proceeding ", and

(

b) in subsection (5) (

a) by striking out " determined " and substituting " resolved ".

SECTION 122: [Manufactured Home Park Tenancy Act,

section 54] requires the director, on

accepting an application for dispute resolution, to determine which dispute

resolution processes will be used to resolve the dispute and to give the person

who made the application a notice of dispute resolution proceeding.

Section 54 is repealed and the following substituted:

Notice of dispute resolution proceeding

54 If an application for dispute resolution is properly completed and is accepted by the director, the director must,

(

a) subject to the regulations, determine which dispute resolution processes will be used to resolve the dispute, and

(

b) give the person who made the application a notice of dispute resolution proceeding

(

i) indicating that a dispute resolution proceeding to resolve the dispute has been started, and

(ii) setting out the particulars of any dispute resolution process determined under paragraph (a).

SECTION 123: [Manufactured Home Park Tenancy Act,

section 55]

is consequential to the amendments made by this Bill to

Part 6 of the Act;

authorizes the director to make any order provided for by the regulations or the rules of procedure;

authorizes the director to dismiss all or part of an application for dispute resolution if the person who made the application fails to pursue the application diligently or does not follow an order made in the course of the dispute resolution proceeding.

Section 55 is amended

(

a) in subsection (1) by striking out " determine " and substituting " resolve under this Part ",

(

b) by adding the following subsection:

(3.1) On the request of a party or on the director's own initiative, the director may make any order provided for in the regulations or the rules of procedure. ,

(

c) in subsection (4) (

b) by striking out " determined " and substituting " resolved ", and

(

d) in subsection (4) by striking out " or " at the end of paragraph (b), by adding " , or " at the end of paragraph (

c) and by adding the following paragraph:

(

d) the person who made the application fails to pursue the application diligently or does not follow an order made in the course of the dispute resolution proceeding.

SECTION 124: [Manufactured Home Park Tenancy Act,

section 56] is consequential to the

addition by this Bill of sections 57.1 and 57.2 to the Act.

Section 56 is repealed.

SECTION 125: [Manufactured Home Park Tenancy Act,

section 57] is consequential to the

addition by this Bill of a definition of "rules of procedure" to

section 1 of the

Act and the amendments made by this Bill to

Part 6 of the Act.

Section 57 is amended

(

a) in subsection (3) by striking out " established under

section 9 (3) [director's powers and duties] ",

(

b) in subsection (4) by striking out " determination " and substituting " resolution ", and

(

c) in subsection (4) (

b) by striking out " be heard " and substituting " participate ".

SECTION 126: [Manufactured Home Park Tenancy Act, sections 57.1 and 57.2]

requires the parties to a dispute to participate in a facilitated settlement process if required under the regulations;

authorizes the director to determine the issues or claims in dispute without any further dispute resolution process if the parties agree or the party responding to the application does not participate in the facilitated settlement process;

authorizes the director to require the dispute to proceed to a hearing if, in the director's opinion, the parties are unlikely to resolve their dispute by agreement or in any circumstances provided for in the rules of procedure.

126 The following sections are added:

Facilitated settlement process

57.1

(1) If required under the regulations, the parties to an application for dispute resolution must participate in a facilitated settlement process.

(2) During a facilitated settlement process, the director may proceed under this Part to resolve one or more of the issues or claims in dispute on the basis of the information received by the director and without any further dispute resolution process under this Division if

(

a) the parties agree to a direct resolution, by the director, of the issue or claim, or

(

b) the party responding to the application does not participate in the facilitated settlement process.

(3) Despite subsection (1), before or during a facilitated settlement process, the director may require the dispute to proceed to a hearing under this Division

(

a) if, in the director's opinion, the parties are unlikely to resolve their dispute by agreement, or

(

b) in any circumstances provided for in the rules of procedure.

Decision or order if parties resolve dispute by agreement

57.2 If, during a dispute resolution proceeding, the parties resolve their dispute by agreement, the director may record the agreement in the form of a decision or order under this Part.

SECTION 127: [Manufactured Home Park Tenancy Act,

section 66] is consequential to the

amendments made by this Bill to

Part 6 of the Act.

Section 66 (1) and (2) is amended by striking out everything after " the director may " and substituting " require the disputes to be resolved in the same dispute resolution proceeding. "

SECTION 128: [Manufactured Home Park Tenancy Act,

section 67]

is consequential to the amendments made by this Bill to

section 1 of the Act;

authorizes the director to conduct dispute resolution proceedings by a variety of means of communication, including through the use of other means of communication provided for in the regulations;

provides that it is not necessary for the means of communication to allow all parties to a dispute to take

part in the dispute resolution proceeding at the same time.

Section 67 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) Subject to the regulations and the rules of procedure, the director may conduct a dispute resolution proceeding under this Division in the manner the director considers appropriate. ,

(

b) in subsection (2) by striking out " hold a hearing " and substituting " conduct a dispute resolution proceeding ",

(

c) by repealing subsection (2) (

c) and substituting the following:

(

c) by telephone or videoconference or through the use of other means of communication, including electronic means, provided for in the regulations, or , and

(

d) by adding the following subsection:

(2.1) It is not necessary for any of the methods referred to in subsection (2) to allow all parties to the dispute to take

part in the dispute resolution proceeding at the same time.

SECTION 129: [Manufactured Home Park Tenancy Act,

section 69] is consequential to the

addition by this Bill of a definition of "rules of procedure" to

section 1 of the

Act.

Section 69 (2) is amended by striking out " established under

section 9 (3) [director's powers and duties] ".

SECTION 130: [Manufactured Home Park Tenancy Act,

section 70] is consequential to the

addition by this Bill of

section 57.2 to the Act.

Section 70 (1) (

c) is amended by striking out " , and " and substituting " or, in the case of a decision under

section 57.2 [decision or order if parties resolve dispute by agreement] , the particulars of the agreement under that section, and ".

SECTION 131: [Manufactured Home Park Tenancy Act,

section 71.1] applies to the director

under the Act certain provisions of the Administrative Tribunals Act in relation

to reviews and appeals.

Section 71.1 is repealed and the following substituted:

Application of Administrative Tribunals Act

71.1

(1) The following provisions of the Administrative Tribunals Act apply to the director as if the director were a tribunal and to dispute resolution proceedings under Division 1 of this Part and reviews under Division 2 of this Part:

(

a) Part 1 [Interpretation and Application] , except for the definition of "facilitated settlement process";

(

b) section 29 [disclosure protection] ;

(

c) section 44 [tribunal without jurisdiction over constitutional questions] ;

(

d) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code ] ;

(

e) section 48 [maintenance of order at hearings] ;

(

f) section 56 [immunity protection for tribunal and members] ;

(

g) section 57 [time limit for judicial review] ;

(

h) section 58 [standard of review with privative clause] ;

(

i) section 59.1 [surveys] ;

(

j) section 59.2 [reporting] ;

(k)

section 60 (1) (

g) to (

i) and (2) [power to make regulations] ;

(

l) section 61 [application of Freedom of Information and Protection of Privacy Act ] .

(2) In applying sections 29, 56 and 61 of the Administrative Tribunals Act for the purposes of this Act, a reference in those sections to a facilitated settlement process must be read as a reference to a facilitated settlement process under this Act.

SECTION 132: [Manufactured Home Park Tenancy Act,

section 72] is consequential to the

amendments made by this Bill to Division 1 of

Part 6 of the Act.

Section 72 (2) (

a) and (

b) is amended by striking out " hearing " and substituting " dispute resolution proceeding ".

SECTION 133: [Manufactured Home Park Tenancy Act,

section 75] is consequential to the

amendments made by this Bill to Division 1 of

Part 6 of the Act.

Section 75 (2) is amended

(

a) in paragraph (

b) by striking out " hearing " and substituting " dispute resolution proceeding ", and

(

b) by repealing paragraph (

c) and substituting the following:

(

c) by conducting a new dispute resolution proceeding.

SECTION 134: [Manufactured Home Park Tenancy Act,

section 81] is consequential to the

amendment made by this Bill to

section 89 (2) (

r) of the Act.

Section 81 (

j) is amended by striking out " prescribed " and substituting " provided for ".

SECTION 135: [Manufactured Home Park Tenancy Act,

section 82]

is consequential to the amendment made by this Bill to

section 54 of the Act;

provides for additional means of service to be provided for in the regulations.

Section 82 is amended

(

a) in subsection (1) by adding " , the notice of dispute resolution proceeding in respect of the application " after " dispute resolution ",

(

b) in subsections (1) and (2) by adding the following paragraph:

(

f) by any other means of service provided for in the regulations. , and

(

c) in subsection (2) by adding " and the notice of dispute resolution proceeding in respect of the application " before " must ".

SECTION 136: [Manufactured Home Park Tenancy Act,

section 89]

authorizes the Lieutenant Governor in Council to make regulations

respecting other means of giving or serving documents, and

respecting dispute resolution proceedings and processes, including respecting the types of dispute resolution processes that may be used to resolve disputes and requiring different processes to be used to resolve different types or classes of disputes;

authorizes the Lieutenant Governor in Council to make different regulations for different types or classes of disputes, claims, issues, circumstances or dispute resolution processes.

Section 89 is amended

(

a) in subsection (2) by adding the following paragraph:

(i.1) respecting dispute resolution proceedings and processes, including

(

i) respecting the types of dispute resolution processes that may be used to resolve disputes,

(ii) requiring different dispute resolution processes to be used to resolve different types or classes of disputes, and

(iii) for the purposes of

section 67 (2) (c) [how dispute resolution proceedings may be conducted] , respecting other means of communication, including electronic means, for conducting dispute resolution proceedings; ,

(

b) by repealing subsection (2) (

r) and substituting the following:

(

r) respecting other means of giving or serving documents, including

(

i) prescribing when documents given or served by those other means are deemed to be received, and

(ii) providing for different means of giving or serving documents for the purposes of sections 81 (

j) and 82 (1) (

f) and (2) (f); , and

(

c) in subsection (3) by striking out " and " at the end of paragraph (b), by adding " , and " at the end of paragraph (

c) and by adding the following paragraph:

(

d) make different regulations for different types or classes of disputes, claims, issues, circumstances or dispute resolution processes.

SECTION 137: [Manufactured Home Park Tenancy Act,

section 96.1] is consequential to

the amendments made by this Bill to Division 1 of

Part 6 of the Act.

Section 96.1 (2) is amended by striking out " determining a dispute " and substituting " resolving a dispute ".

Mental Health Act

SECTION 138: [Mental Health Act,

section 24.1] is self-explanatory.

Section 24.1 of the Mental Health Act, R.S.B.C. 1996, c. 288, is amended by striking out " merit based process: " and substituting " merit-based process: ".

SECTION 139: [Mental Health Act,

section 24.2] applies certain provisions of the Administrative

Tribunals Act to the board and members of its review panels.

Section 24.2 is repealed and the following substituted:

Application of Administrative Tribunals Act

24.2 The following provisions of the Administrative Tribunals Act apply to the board and members of the board's review panels:

(

a) Part 1 [Interpretation and Application] ;

(a.1)

Part 2 [Appointments] ;

(

b) Part 3 [Clustering] ;

(b.1)

section 11 [general power to make rules respecting practice and procedure] ;

(

c) section 13 [practice directives tribunal may make] ;

(c.1)

section 14 [general power to make orders] ;

(

d) section 15 [interim orders] ;

(d.1)

section 18 [failure of party to comply with tribunal order and rules] ;

(

e) section 19 [service of notice or documents] ;

(

f) section 20 [when failure to serve does not invalidate proceeding] ;

(g)

section 26 (5) to (7) and (9) [panel of tribunal and chair power to hear preliminary matters] ;

(

h) section 27 [staff of tribunal] ;

(

i) section 30 [tribunal duties] ;

(

j) section 32 [representation of parties to an application] ;

(

k) section 35 [recording tribunal proceedings] ;

(

l) section 36 [form of hearing of application] ;

(

m) section 38 [examination of witnesses] ;

(

n) section 39 [adjournments] ;

(o)

section 40 (1) and (2) [relevant information admissible] ;

(

p) section 44 [tribunal without jurisdiction over constitutional questions] ;

(

q) section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code ] ;

(

r) section 48 [maintenance of order at hearings] ;

(

s) section 49 [contempt proceeding for uncooperative witness or other person] ;

(

t) Part 8 [Immunities] ;

(

u) section 57 [time limit for judicial review] ;

(

v) section 59 [standard of review without privative clause] ;

(

w) section 59.1 [surveys] ;

(

x) section 59.2 [reporting] ;

(y)

section 60 (1) (a), (

b) and (

g) to (

i) and (2) [power to make regulations] ;

(

z) section 61 [application of Freedom of Information and Protection of Privacy Act ] .

Motor Dealer Act

SECTION 140: [Motor Dealer Act,

section 7.1] applies certain provisions of the Administrative

Tribunals Act to the registrar.

140 The Motor Dealer Act, R.S.B.C. 1996, c. 316, is amended by adding the following section:

Application of Administrative Tribunals Act to registrar

7.1 The following provisions of the Administrative Tribunals Act apply to the registrar:

(

a) section 11 [general power to make rules respecting practice and procedure] ;

(

b) section 14 (

a) and (c) [general power to make orders] ;

(

c) section 15 [interim orders] ;

(

d) section 18 [failure of party to comply with tribunal order and rules] ;

(

e) section 28 [facilitated settlement] ;

(

f) section 29 [disclosure protection] ;

(

g) section 31 [summary dismissal] ;

(

h) section 33 [interveners] ;

(i)

section 34 (3) and (4) [tribunal power to compel witnesses and order disclosure] ;

(

j) section 35 [recording tribunal proceedings] ;

(

k) section 36 [form of hearing of application] ;

(

l) section 37 [applications involving similar questions] ;

(

m) section 39 [adjournments] ;

(

n) section 41 [hearings open to public] ;

(

o) section 43 [discretion to refer questions of law to court] ;

(

p) section 46 [notice to Attorney General if constitutional question raised in application] ;

(

q) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code ] ;

(

r) section 48 [maintenance of order at hearings] ;

(

s) section 49 [contempt proceeding for uncooperative witness or other person] ;

(

t) section 57 [time limit for judicial review] ;

(

u) section 61 [application of Freedom of Information and Protection of Privacy Act ] .

SECTION 141: [Motor Dealer Act,

section 15] is self-explanatory.

Section 15 (7) is repealed.

SECTION 142: [Motor Dealer Act,

section 16.1] applies certain provisions of the Administrative

Tribunals Act to the board for the purposes of a hearing.

142 The following

section is added:

Application of Administrative Tribunals Act to board

16.1 The following provisions of the Administrative Tribunals Act apply to the board for the purposes of a hearing under

section 15 of this Act:

(a)

section 34 (3) and (4) [tribunal power to compel witnesses and order disclosure] ;

(

b) section 48 [maintenance of order at hearings] ;

(

c) section 49 [contempt proceeding for uncooperative witness or other person] ;

(

d) section 56 [immunity protection for tribunal and members] ;

(

e) section 57 [time limit for judicial review] .

Natural Products Marketing (BC) Act

SECTION 143: [Natural Products Marketing (BC) Act,

section 3] is self-explanatory.

Section 3 (1) of the Natural Products Marketing (BC) Act, R.S.B.C. 1996, c. 330, is amended by striking out " merit based process: " and substituting " merit-based process: ".

SECTION 144: [Natural Products Marketing (BC) Act,

section 3.1] applies certain provisions

of the Administrative Tribunals Act to the Provincial board generally.

Section 3.1 is repealed and the following substituted:

Application of Administrative Tribunals Act to Provincial board

3.1 The following provisions of the Administrative Tribunal Act apply to the Provincial board:

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] ;

(

c) Part 3 [Clustering] ;

(

d) section 27 [staff of tribunal] ;

(

e) section 28 [facilitated settlement] ;

(

f) section 29 [disclosure protection] ;

(

g) section 30 [tribunal duties] ;

(

h) section 43 [discretion to refer questions of law to court] ;

(

i) section 45 [tribunal without jurisdiction over Canadian Charter of Rights and Freedoms issues] ;

(

j) section 46 [notice to Attorney General if constitutional question raised in application] ;

(

k) section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code ] ;

(

l) section 48 [maintenance of order at hearings] ;

(

m) section 55 [compulsion protection] ;

(

n) section 57 [time limit for judicial review] ;

(

o) section 58 [standard of review with privative clause] ;

(

p) section 59.1 [surveys] ;

(

q) section 59.2 [reporting] ;

(

r) section 61 [application of Freedom of Information and Protection of Privacy Act ] .

SECTION 145: [Natural Products Marketing (BC) Act,

section 8.1] applies to the Provincial

board, for the purposes of an appeal under

section 8 of the Act, certain provisions

of the Administrative Tribunals Act .

Section 8.1 (1) is repealed and the following substituted:

(1) For the purposes of an appeal under

section 8 of this Act, the following provisions of the Administrative Tribunals Act apply to the Provincial board in addition to those incorporated under

section 3.1 of this Act:

(

a) Part 4 [Practice and Procedure] , except the following:

(

i) section 21 [notice of hearing by publication] ;

(ii)

section 23 [notice of appeal (exclusive of prescribed fee)] ;

(iii)

section 34 (1) and (2) [party power to compel witnesses and order disclosure] ;

(

b) section 47 [power to award costs] ;

(

c) section 49 [contempt proceeding for uncooperative witness or other person] ;

(

d) section 50 [decisions] ;

(

e) section 51 [final decision] ;

(

f) section 52 [notice of decision] ;

(g)

section 60 (1) (

a) to (

i) and (2) [power to make regulations] .

Oil and Gas Activities Act

SECTION 146: [Oil and Gas Activities Act,

section 20] applies certain provisions of the

Administrative Tribunals Act to the Oil and Gas Appeal Tribunal.

Section 20 of the Oil and Gas Activities Act, S.B.C. 2008, c. 36, is repealed and the following substituted:

Application of Administrative Tribunals Act

20 The following provisions of the Administrative Tribunals Act apply to the appeal tribunal:

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] ;

(

c) Part 3 [Clustering] ;

(

d) Part 4 [Practice and Procedure] , except the following:

(

i) section 23 [notice of appeal (exclusive of prescribed fee)] ;

(ii)

section 25 [appeal does not operate as stay] ;

(iii)

section 34 (1) and (2) [party power to compel witnesses and require disclosure] ;

(

e) section 44 [tribunal without jurisdiction over constitutional questions] ;

(

f) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code ] ;

(

g) Part 6 [Costs and Sanctions] , except

section 47.2 (1) (

a) and (c) [government and agents of government] ;

(

h) Part 7 [Decisions] ;

(

i) Part 8 [Immunities] ;

(

j) section 57 [time limit for judicial review] ;

(

k) section 59 [standard of review without privative clause] ;

(

l) section 59.1 [surveys] ;

(

m) section 59.2 [reporting] ;

(

n) Part 10 [Miscellaneous] , except

section 62 [application of Act to BC Review Board] .

Passenger Transportation Act

SECTION 147: [Passenger Transportation Act,

section 6] applies certain provisions of the

Administrative Tribunals Act to the Passenger Transportation Board.

Section 6 of the Passenger Transportation Act, S.B.C. 2004, c. 39, is amended

(

a) in subsection (1) by adding " , after a merit-based process, " after " appointed ", and

(

b) by repealing subsection (3) and substituting the following:

(3) The following provisions of the Administrative Tribunals Act apply to the board:

(

a) in

section 1 [definitions] , the

definitions of "appointing authority", "member", "privative clause", "tribunal" and "tribunal's enabling Act";

(

b) Part 2 [Appointments] ;

(

c) Part 3 [Clustering] ;

(

d) section 11 [general power to make rules respecting practice and procedure] ;

(

e) section 26 [organization of tribunal] ;

(

f) section 28 [facilitated settlement] ;

(

g) section 29 [disclosure protection] ;

(

h) section 30 [tribunal duties] ;

(

i) section 31 [summary dismissal] ;

(

j) section 41 [hearings open to public] ;

(

k) section 42 [discretion to receive evidence in confidence] ;

(

l) section 44 [tribunal without jurisdiction over constitutional questions] ;

(

m) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code ] ;

(

n) section 57 [time limit for judicial review] ;

(

o) section 58 [standard of review with privative clause] ;

(

p) section 59.1 [surveys] ;

(

q) section 59.2 [reporting] ;

(r)

section 60 (1) (

g) to (

i) and (2) [power to make regulations] ;

(

s) section 61 [application of Freedom of Information and Protection of Privacy Act ] .

Petroleum and Natural Gas Act

SECTION 148: [Petroleum and Natural Gas Act,

section 146] is self-explanatory.

Section 146 (1) of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is amended by striking out " merit based process: " and substituting " merit-based process: ".

SECTION 149: [Petroleum and Natural Gas Act,

section 148] applies certain provisions of

the Administrative Tribunals Act to the Surface Rights Board.

Section 148 is repealed and the following substituted:

Application of Administrative Tribunals Act

148 The following provisions of the Administrative Tribunals Act apply to the board:

(

a) Part 1 [Interpretation and Application] ;

(

b) Part 2 [Appointments] ;

(

c) Part 3 [Clustering] ;

(

d) Part 4 [Practice and Procedure] , except the following:

(

i) section 12 [practice directives tribunal must make] ;

(ii)

section 16 [consent orders] ;

(iii)

section 22 [notice of appeal (inclusive of prescribed fee)] ;

(iv)

section 23 [notice of appeal (exclusive of prescribed fee)] ;

(

v) section 24 [time limit for appeals] ;

(vi)

section 25 [appeal does not operate as stay] ;

(vii)

section 34 (1) and (2) [party power to compel witnesses and order disclosure] ;

(

e) section 44 [tribunal without jurisdiction over constitutional questions] ;

(

f) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code ] ;

(

g) section 48 [maintenance of order at hearings] ;

(

h) section 49 [contempt proceeding for uncooperative witness or other person] ;

(

i) section 50 [decisions] ;

(

j) section 51 [final decision] ;

(

k) section 52 [notice of decision] ;

(l)

section 53 (1) to (3) and (5) [amendment to final decision] ;

(

m) Part 8 [Immunities] ;

(

n) section 57 [time limit for judicial review] ;

(

o) section 59 [standard of review without privative clause] ;

(

p) section 59.1 [surveys] ;

(

q) section 59.2 [reporting] ;

(r)

section 60 (1) (

a) to (

c) and (

g) to (

i) and (2) [power to make regulations] ;

(

s) section 61 [application of Freedom of Information and Protection of Privacy Act ] .

Prevention of Cruelty to Animals Act

SECTION 150: [Prevention of Cruelty to Animals Act,

section 20.41] applies to the board, in

relation to its powers and duties under the Act, certain provisions of the

Administrative Tribunals Act .

150 The Prevention of Cruelty to Animals Act, R.S.B.C. 1996, c. 372, is amended by adding the following section:

Application of Administrative Tribunals Act

20.41

(1) For the purposes of carrying out its powers and duties under this Act, the following provisions of the Administrative Tribunals Act apply to the board in addition to those incorporated under

section 3.1 of the Natural Products Marketing (BC) Act :

(

a) Part 4 [Practice and Procedure] , except the following:

(

i) section 21 [notice of hearing by publication] ;

(ii)

section 23 [notice of appeal (exclusive of prescribed fee)] ;

(iii)

section 24 [time limit for appeals] ;

(iv)

section 25 [appeal does not operate as stay] ;

(

v) section 33 [interveners] ;

(vi)

section 34 (1) and (2) [party power to compel witnesses and order disclosure] ;

(

b) section 46.3 [tribunal without jurisdiction to apply the Human Rights Code ] ;

(

c) section 47 [power to award costs] ;

(

d) section 49 [contempt proceedings for uncooperative witness or other person] ;

(

e) Part 7 [Decisions] ;

(

f) section 56 [immunity protection for tribunal and members] ;

(g)

section 60 (1) (

a) to (

i) and (2) [power to make regulations] .

(2) Despite

section 3.1 of the Natural Products Marketing (BC) Act , the following provisions of the Administrative Tribunals Act do not apply to the board in carrying out its powers and duties under this Act:

(

a) section 46.2 [limited jurisdiction and discretion to decline jurisdiction to apply the Human Rights Code ] ;

(

b) section 58 [standard of review with privative clause] .

SECTION 151: [Prevention of Cruelty to Animals Act,

section 20.5] is consequential to the

addition by this Bill of

section 20.41 to the Act.

Section 20.5 (1) is repealed.

Private Managed Forest Land Act

SECTION 152: [Private Managed Forest Land Act,

section 1] amends the

definitions of

"board" and "commission" to reflect the change in enabling statute .

Section 1 of the Private Managed Forest Land Act, S.B.C. 2003, c. 80, is amended by repealing the

definitions of "board" and "commission" and substituting the following:

"board" has the same meaning as in the Forest and Range Practices Act ;

"commission" has the same meaning as in the Forest and Range Practices Act ; .

SECTION 153: [Private Managed Forest Land Act,

section 33] is consequential to the application

Part 8.1 of the Forest and Range Practices Act to appeals under the

Private Managed Forest Land Act by

section 33.1 of that Act, as enacted by

this Bill.

Section 33 is amended

(

a) by repealing subsections (3), (5), (7) to (14) and (16), and

(

b) in subsection (15) by adding " or " at the end of paragraph (

b) and by repealing paragraph (c).

SECTION 154: [Private Managed Forest Land Act,

section 33.1] applies to appeals under the

Act

Part 8.1 of the Forest and Range Practices Act .

154 The following

section is added:

Application of

Part 8.1 of Forest and Range Practices Act

33.1

Part 8.1 of the Forest and Range Practices Act applies to an appeal under this Act.

SECTION 155: [Private Managed Forest Land Act,

section 34] is consequential to the application

Part 8.1 of the Forest and Range Practices Act to appeals under the

Private Managed Forest Land Act by

section 33.1 of that Act, as enacted by

this Bill.

Section 34 is repealed.

SECTION 156: [Private Managed Forest Land Act,

section 42] is consequential to the application

Part 8.1 of the Forest and Range Practices Act to appeals under the

Private Managed Forest Land Act by

section 33.1 of that Act, as enacted by

this Bill.

Section 42 (2) (

h) is repealed.

Range Act

SECTION 157: [Range Act,

section 1] amends the definition of "commission" to reflect the

change in enabling statute .

Section 1 (1) of the Range Act, S.B.C. 2004, c. 71, is amended in the definition of "commission" by striking out " Forest Practices Code of British Columbia Act ; " and substituting " Forest and Range Practices Act ; ".

SECTION 158: [Range Act,

section 70] applies to appeals under the Act

Part 8.1 of the Forest

and Range Practices Act .

Section 70 (3) is repealed and the following substituted:

(3) Part 8.1 of the Forest and Range Practices Act applies to an appeal under this Act.

SECTION 159: [Range Act,

section 70.1] applies to appeals under the Act

section 33 of the

Administrative Tribunals Act .

159 The following

section is added:

Interveners and board standing in appeals

70.1

(1) In addition to the provisions of the Administrative Tribunals Act incorporated under

Part 8.1 of the Forest and Range Practices Act ,

section 33 of the Administrative Tribunals Act applies to an appeal under this Act.

(2) The board has standing to be a party, if it so requests, to an appeal under this Act.

SECTION 160: [Range Act,

section 71] is consequential to the application of

Part 8.1 of the

Forest and Range Practices Act to appeals under the Range Act by

section 70 (3) of that Act, as enacted by this Bill.

Section 71 (3) and (4) is repealed.

Residential Tenancy Act

SECTION 161: [Residential Tenancy Act,

section 1] adds to the Act

definitions of "dispute

resolution process", "facilitated settlement process" and "rules of procedure".

Section 1 of the Residential Tenancy Act, S.B.C. 2002, c. 78, is amended by adding the following

definitions:

"dispute resolution process" means a process, including, without limitation, a facilitated settlement process and a hearing under

Part 5 [Resolving Disputes] , that is established by the regulations or the director to resolve one or more issues in dispute;

"facilitated settlement process" means a process established by the director to assist the parties to an application for dispute resolution to resolve their dispute;

"rules of procedure" means the rules of procedure established by the director under

section 9 [director's powers and duties] ; .

SECTION 162: [Residential Tenancy Act,

section 9] authorizes the director to make and publish

rules of procedure to facilitate the resolution of disputes under

Part 5 of

the Act, including

making rules of procedure in respect of applications for dispute resolution and dispute resolution proceedings and processes, and

making different rules for different types or classes of disputes, claims, issues, circumstances or processes.

Section 9 (3) is repealed and the following substituted:

(3) The director may make and publish rules of procedure to facilitate the resolution of disputes under

Part 5 [Resolving Disputes] .

(3.1) Without limiting subsection (3), the director may make rules as follows:

(

a) respecting applications for dispute resolution;

(

b) respecting dispute resolution proceedings and processes, including, without limitation,

(

i) the conduct of dispute resolution proceedings, and

(ii) the movement of disputes between different dispute resolution processes;

(

c) respecting the disclosure, exchange or provision of information, records and documents by parties before or during a dispute resolution process;

(

d) requiring or allowing that a process be conducted electronically, with or without conditions;

(

e) respecting the effect of a party's non-compliance with the rules of procedure.

(3.2) The director may make different rules for different types or classes of disputes, claims, issues, circumstances or dispute resolution processes.

SECTION 163: [Residential Tenancy Act,

section 9.1] is consequential to the amendment

made by this Bill to

section 9 of the Act.

Section 9.1 (1) is amended by striking out "

section 9 (3) " and substituting "

section 9 (3) or (3.1) ".

SECTION 164: [Residential Tenancy Act,

section 38] authorizes a landlord to repay a security

deposit or pet deposit by a method of service provided for in the regulations.

Section 38 (8) is amended by striking out everything after " must " and by adding the following paragraphs:

(

a) use a service method described in

section 88 (c), (

d) or (f) [service of documents] or provided for in the regulations under

section 88 (j), if applicable, or

(

b) give the deposit personally to the tenant.

SECTION 165: [Residential Tenancy Act,

section 55]

requires the director, in specified circumstances, to grant to the landlord an order of possession of the rental unit;

is consequential to the amendments made by this Bill to

Part 5 of the Act.

Section 55 is amended

(

a) by repealing subsection (1) and substituting the following:

(1) If a tenant makes an application for dispute resolution to dispute a landlord's notice to end a tenancy, the director must grant to the landlord an order of possession of the rental unit if

(

a) the landlord's notice to end tenancy complies with

section 52 [form and content of notice to end tenancy] , and

(

b) the director, during the dispute resolution proceeding, dismisses the tenant's application or upholds the landlord's notice. , and

(

b) in subsection (4) by striking out " Despite

section 61 [setting down dispute for hearing] , in " and substituting " In " and by striking out " holding a hearing, " and substituting " any further dispute resolution process under

Part 5 [Resolving Disputes] , ".

SECTION 166: [Residential Tenancy Act,

section 58] is consequential to the amendments

made by this Bill to

Part 5 of the Act.

Section 58 is amended

(

a) in subsection (2) by striking out " receives " and substituting " accepts " and by striking out " determine the dispute " and substituting " resolve the dispute under this Part ", and

(

b) in subsection (3) by striking out " for determination by the director " and substituting " to the director for dispute