Oral Hearing Not Required - Act Part 10, Section 77.1

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Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

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Summary

This section explains information about oral hearings.

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Text of Legislation

77.1 The director is not required to give an oral hearing to

(a) any person the director investigates under section 73.1 or 76, or

(b) any person in respect of whom the director makes

(i) a determination, or

(ii) a reconsideration under section 86.

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Policy Interpretation

Complaints filed under the ESA proceed by way of investigation. There is no right to an oral hearing. The Director's role is to make reasonable attempts to obtain relevant information, whether orally or in writing, about the complaint and in response to the complaint, in order to assess compliance with the Act.

Inshalla Contracting Ltd., BC EST #RD054/06

Transitional provision

A transitional provision in section 40 of Bill 8 – 2019: Employment Standards Amendment Act, 2019 provides that complaints received and not resolved before the date this section came into force (August 15, 2021) are not subject to it.

Transitional provisions connect former legislation and new amendments. Find out more about recent ​transitional provisions and consequential amendments to the Employment Standard Act and Regulation.

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Related Information

Related sections of the Act or Regulation

ESA

• s.1, Definition “employee”
• s.1, Definition “employer”
• s.2, Purposes of the Act
• s.74, Complaint and time limit
• s.75, If complainant requests identity be kept confidential
• s.76, Investigations
• s.79, Determinations and consequences
• s.81, Notifying others of determination
• s.85, Entry and inspection powers
• s.95, Associated employers
• s.96, Corporate officer’s liability for unpaid wages
• s.97, Sale of business or assets
• s.98, Monetary penalties
• s.101, Publication of violators’ names

ESR

• s.47, Complaints of contraventions of this regulation