Exclusive jurisdiction of tribunal - Act Part 12, Section 110

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Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information

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Summary

This section explains that a tribunal decisions are entitled to the highest deference from the courts and are subject only to judicial review, not an appeal on the merits.

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Text of Legislation

110 (1) The tribunal has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact, law and discretion arising or required to be determined in an appeal or reconsideration under Parts 12 and 13 and to make any order permitted to be made.

(2) A decision or order of the tribunal on a matter in respect of which the tribunal has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.

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Policy Interpretation

The Employment Standards Tribunal has exclusive jurisdiction to hear appeals of determinations issued by the Director of Employment Standards.

The Employment Standards Tribunal may, upon application by the Director or a party, or on its own motion, reconsider any of its orders or decisions. 

The Tribunal’s decisions are binding and cannot be appealed on the merits. A party may seek judicial review of a Tribunal reconsideration decision to B.C. Supreme Court. The Court may review a decision of the Tribunal but will not interfere with a finding of fact or law, or an exercise of discretion, unless it is patently unreasonable. Patently unreasonable means that it was made in bad faith, for an improper purpose, was based on irrelevant factors or failed to take statutory requirements into account. The Court may review the Tribunal’s process to ensure that it acted fairly. In all other matters, the standard is one of correctness.

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Related Information

Related sections of the Act or Regulation

ESA

• s.109, Other powers of tribunal
• s.112, Appeal of director’s determination
• s.115, Tribunal’s orders
• s.116, Reconsideration of orders and decisions
• s.119, Extraprovincial certificates

Other

Administrative Tribunals Act, [SBC 2004] c.45

Judicial Review Procedure Act, [RSBC 1996] c. 241

See Employment Standards Tribunal website at www.bcest.bc.ca