Background Information and
Some Questions and Answers about the
Administrative Tribunals Act, S.B.C. 2004, c. 45 (ATA)
(Current as of October, 2007)
Background Information about the ATA
The Administrative Tribunals Act (ATA) given Royal Assent on May 20, 2004, is the most significant recent administrative justice reform initiative to modernize British Columbia’s administrative justice system.
The legislation codifies the common law and introduces consistent authorities and powers, and then selectively applies these to the various tribunals as appropriate, reflecting the unique natures, roles and mandates of each tribunal. The ATA reflects recommendations set out in the Administrative Justice Project’s 2002 White Paper.
The ATA is the product of broad public consultation undertaken prior to its enactment and reflects the contributions of many people and organizations who offered their ideas and creativity in the development of the legislation. The ATA is a creative and innovative response to address the issues and challenges faced by British Columbia’s administrative justice community.
Some Questions and Answers About the ATA
How does the ATA work?
The ATA provides for general reform provisions that are then selectively applied to various tribunals by consequential amendments to the tribunal’s own enabling legislation. To view how the ATA applies to a tribunal, you can to review the consequential amendments (listed alphabetically, by the name of the Act in the Third Reading of Bill 56. (Please note, some of the ATA’s provisions have been amended by the Attorney General Statutes Amendment Act, 2007 and the Attorney General Statutes Amendment Act, 2004. Also, ATA provisions have been applied to Other Entities.)
What kinds of things does the ATA provide for?
The first series of provisions (2 to 10) provide for merit-based appointments to tribunals, using transparent processes and for fixed terms, and replace the provisions of the Administrative Tribunals Appointment and Administration Act (enacted in 2003).
This was done so that all of the reform initiatives, including those on appointments, are now consolidated under one Act. The Administrative Tribunals Appointment and Administration Act will still apply to those tribunals not yet covered by the ATA.
For more information on appointments to administrative tribunals, see the Board Resourcing and Development Office.
- A “Menu of Options” for statutory powers and procedures
The next series of provisions (sections 11 to 61) is a “menu of options” for statutory powers and procedures. These sections provide a wide variety of tools tribunals may need to fulfill their mandates, which are then selectively applied to each tribunal to reflect its particular needs, by way of the consequential amendments, discussed above. These provisions are, for the most part, enabling. For example, they empower a tribunal to make its own rules to govern its processes, so that the tribunal rules can reflect and meet the needs of the tribunal and of the parties that appear before it.
The provisions include opportunities for pre-hearing processes like document disclosure and exchange, to ensure timely and effective case management. They permit and promote the use of dispute resolution, and ensure the confidentiality of such activities. The powers to summon witnesses and to require production of documents may be used to ensure the tribunal has the evidence it needs to make its decisions, and the opportunity for and the ability to define the role of interveners is clarified. Tribunals may also be given the opportunity to consolidate applications, to promote more efficient hearing processes. The clear authority to control hearing processes include the power to adjourn and to impose consequences like dismissal for non-compliance and, as an ultimate tool, to seek the assistance of the court through contempt processes.
To promote public accessibility, where a tribunal exercises the power to make rules, it will be required to make those rules accessible to the public, and in most cases, hearings are to be open to the public (with some limited exceptions where confidentiality interests may be considered). In addition, most tribunals will be required to issue practise directives, setting out the usual time frames for the steps to be applied in its processes, including time frames for issuing its reasons. While non-binding, these will provide the public and the parties with a better understanding of and expectations for the tribunal’s processes.
The provisions also seek to standardize certain aspects, such as the giving of notice and service of documents, contents for appeal documents, time limits for appeals and for judicial review proceedings, and applies those as appropriate. The ATA also provides for the organization and management of the tribunal and its staff, and imposes clear standards for tribunal members in the performance of their duties and provides them with immunity protection and protection from compulsion as witnesses in other proceedings.
Tribunals’ clear authority to make interim and final orders, and the ability to file those orders into court, are also addressed. Some tribunals will be given the power to award costs.
In response to the court’s invitation to provide clarity, only one of each of the following provisions applies to any one tribunal:
- constitutional jurisdiction (full, none and limited) of a tribunal
- jurisdiction and discretion to decide Human Rights Code issues (full, none and limited) (see Attorney General Statutes Amendment Act, 2007)
- standard for judicial review
The next to final provisions in this part provide the opportunity for government to make rules, if necessary, and set tariffs. It is not anticipated that government rule-making will be necessary, with most tribunals’ rules being the product of consultation with its stakeholders and the AJO.
This part concludes with clarification on how the Freedom of Information and Protection of Privacy Act applies to tribunals.
To view which tribunals the ATA applies to, see Administrative Tribunals in British Columbia.
To view how the ATA applies to other entities, see Application of ATA to "Other" Entities.
The Administrative Tribunals Act was given Royal Assent on May 20, 2004, with the general reform provisions (1 to 61) brought into force in June, 2004.
General Reform Provisions, (sections 2 to 61)
June 30, 2004, B.C. Regulation No. 293/2004
The general reform provisions are applied to individual tribunals as consequential amendments to tribunals’ enabling legislation. Most of the more than 125 consequential amendments are now proclaimed into force by regulation.
For proclamation dates of consequential amendments, by tribunal, see the list below, including links to the corresponding B.C. Regulations Bulletins.
Agricultural Land Commission (Agricultural Land Commission Act)
October 15, 2004, B.C. Regulation No. 425/2004
BC Farm Industry Review Board [Natural Products Marketing (BC) Act]
December 3, 2004, B.C. Regulation No. 516/2004
BC Review Board (Criminal Code)
June 30, 2004, B.C. Regulation No. 293/2004
Building Code Appeal Board (Local Government Act)
October 15, 2004, B.C. Regulation No. 425/2004
Community Care and Assisted Living Appeal Board (Community Care and Assisted Living Act)
June 30, 2004, B.C. Regulation No. 293/2004
Employment and Assistance Appeal Tribunal (Employment and Assistance Act)
October 15, 2004, B.C. Regulation No. 425/2004
Employment Standards Tribunal (Employment Standards Act)
October 15, 2004, B.C. Regulation No. 425/2004
Environmental Appeal Board (Environmental Management Act)
October 18, 2007, B.C. Regulation No. 311/2007
Financial Services Tribunal (Financial Institutions Act)
June 30, 2004, B.C. Regulation No. 293/2004
Forest Practices Board (Forest and Range Practices Act)
December 3, 2004, B.C. Regulation No. 516/2004
Hospital Appeal Board (Hospital Act)
December 3, 2004, B.C. Regulation No. 516/2004
Human Rights Tribunal (Human Rights Code)
October 15, 2004, B.C. Regulation No. 425/2004
Industry Training Appeal Board (Industry Training Authority Act)
October 15, 2004, B.C. Regulation No. 425/2004
Labour Relations Board (Labour Relations Code)
October 15, 2004, B.C. Regulation No. 425/2004
Mediation and Arbitration Board (Petroleum and Natural Gas Act)
October 15, 2004, B.C. Regulation No. 425/2004
Mental Health Review Panels
July 8, 2004, B.C. Regulation No. 314/2004
March 18, 2005, B.C. Regulation No. 132/2005 (balance of consequential amendments)
Passenger Transportation Board (Passenger Transportation Act)
June 30, 2004, B.C. Regulation No. 293/2004
Property Assessment Appeal Board, (Assessment Act)
October 15, 2004, B.C. Regulation No. 425/2004
Property Assessment Review Panels, (Assessment Act)
October 15, 2004, B.C. Regulation No. 425/2004
December 3, 2004, B.C. Regulation No. 516/2004
Safety Standards and Appeal Board (Safety Standards Act)
June 30, 2004, B.C. Regulation No. 293/2004
Securities Commission (Securities Act, RSBC 1996, Chapter 418)
May 18, 2006, proclaimed by Royal Assent
Utilities Commission (Utilities Commission Act)
October 15, 2004, B.C. Regulation No. 425/2004 (in part – see also
B.C. Regulation No. 492/2004 below)
October 14, 2004, B.C. Regulation No. 451/2004
Amending B.C. Reg. 425/2004
November 22, 2004, B.C. Regulation No. 492/2004
Workers Compensation Board (Workers Compensation Act)
(part of section 178 only – see also B.C. Regulation 516/2004 below)
July 8, 2004, B.C. Regulation No. 314/2004
December 3, 2004, B.C. Regulation No. 516/2004
Are any changes expected to the ATA soon?
Some amendments have been made by the Attorney General Statutes Amendment Act, 2007 and the Attorney General Statutes Amendment Act, 2004.
With administrative justice reform an on-going initiative, opportunities for other improvements may be identified at later dates and additional amendments to the ATA may be considered.
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