Power to Reconsider - Act Part 10, Section 86

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Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

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Summary

This section explains under what circumstances the director will alter a determination once it has been issued.

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Text of Legislation

86. (1) Subject to subsection (2), the director may vary or cancel a determination.

(2) If a person appeals a determination that the director intends to vary or cancel under subsection (1), the director must vary or cancel the determination within 30 days of the date that a copy of the appeal request was received by the director.

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Policy Interpretation

Subsection (1)

The director may vary or cancel a determination at any time, subject to subsection (2).

Subsection (2)

Once a determination has been appealed, the director may only vary or cancel the determination within 30 days of the date that a copy of the appeal request was received by the director.

The director may vary a determination to correct clerical and typographic errors. The director will notify the parties and the Tribunal of the changes resulting in the varied determination.

When an appeal shows a determination to have an error, other than simply clerical or typographical, the director will advise the parties and the Tribunal of the error and may amend or cancel the determination.

The director’s decision to vary or cancel a determination is not a “determination” as defined in section 1 of the Act and therefore is not subject to appeal.

If necessary, the director will issue a new determination to replace a cancelled determination.

Under s.112 (4) the person making the appeal resulting in a varied determination has 7 days from the date of notification of the variation to amend the request for appeal.

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Related Information

Employment Standards Tribunal Decisions

Devonshire Cream Ltd., BC EST D#122/97

Related sections of the Act or Regulation

ESA

• s.1, Definition, “determination”
• s.79, Determinations and consequences
• s.110, Finality of tribunal’s decisions and orders
• s.112, Appeal of director’s determination
• s.113, Director’s determination may be suspended
• s.114, After an appeal is requested
• s.115, Tribunal’s orders
• s.116, Reconsideration of orders and decisions