BILL 68 – 2003
ADMINISTRATIVE TRIBUNALS APPOINTMENT AND ADMINISTRATION ACT

Contents

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

Definitions

1 In this Act:

"administrative tribunal" means a tribunal to which this Act or any section of this Act applies as provided under another Act;

"appointing authority" means the person or the Lieutenant Governor in Council who, under another Act, has the power to appoint the chair, vice chair and members, or any of them, to an administrative tribunal;

"member" means a person appointed to an administrative tribunal to which a section of this Act applies.

Chair's initial term and reappointment

2 (1) The chair of the administrative tribunal may be appointed by the appointing authority, after a merit based process, to hold office for an initial term of 3 to 5 years.

(2) A member may be reappointed by the appointing authority as the chair of the administrative tribunal for additional terms of up to 5 years.

Member's initial term and reappointment

3 (1) A member, other than the chair, may be appointed by the appointing authority, after a merit based process and consultation with the chair, to hold office for an initial term of 2 to 4 years.

(2) A member may be reappointed by the appointing authority as a member of the administrative tribunal for additional terms of up to 5 years.

Chair's absence or incapacitation

4 (1) If the chair expects to be absent or is absent, the chair may designate a vice chair as the acting chair.

(2) If the chair expects to be absent or is absent and there is no vice chair, the chair may designate a member as the acting chair.

(3) Despite subsections (1) and (2), if the chair is absent or incapacitated for an extended period of time, the appointing authority may designate a vice chair as the acting chair.

(4) Despite subsections (1) and (2), if the chair is absent or incapacitated for an extended period of time and there is no vice chair, the appointing authority may designate a member as the acting chair.

(5) Subsections (3) and (4) apply whether or not a person is designated, under the Act under which the chair is appointed, to act on behalf of the chair.

(6) A person designated under any of subsections (1) to (4) has all the powers and may perform all the duties of the chair.

Member's absence or incapacitation

5 If a member is absent or incapacitated for an extended period of time or expects to be absent for an extended period of time, the appointing authority, after consultation with the chair, may appoint another person, who would otherwise be qualified for appointment as a member, to replace the member until the member returns to duty or the member's term expires, whichever comes first.

Temporary, non-renewable appointments

6 (1) If the administrative tribunal requires additional members, after consultation with the minister responsible for the Act under which the administrative tribunal is established, the chair may appoint an individual, who would otherwise be qualified for appointment as a member, to be a member for up to 6 months.

(2) Under subsection (1), an individual may be appointed to the tribunal only once in any 2 year period.

(3) An appointing authority may establish conditions and qualifications for appointments under subsection (1).

Powers after resignation or expiry of term

7 (1) If a member resigns or their appointment expires, the chair may authorize that individual to continue to exercise powers as a member of the administrative tribunal in any proceeding over which that individual had jurisdiction immediately before the end of their term.

(2) An authorization under subsection (1) continues until a final decision in that proceeding is made.

(3) If a person performs duties under subsection (1), section 10 applies.

Termination for cause

8 The appointing authority may terminate the appointment of the chair, a vice chair or a member for cause.

Responsibilities of the chair

9 The chair is responsible for the effective management and operation of the tribunal and the organization and allocation of work among the members.

Remuneration and benefits for members

10 In accordance with general directives of the Treasury Board, members may be paid remuneration and must be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in carrying out their duties.

Application of Act to appointments under Criminal Code

11 Sections 1 to 5 and 8 to 10 apply to the review board established or designated under section 672.38 of the Criminal Code.

 
Consequential Amendments

 
Agricultural Land Commission Act

12 Section 5 (2), (3) and (5) of the Agricultural Land Commission Act, S.B.C. 2002, c. 36, is repealed and the following substituted:

(2) The Lieutenant Governor in Council must

(a) appoint one individual as a member and the chair of the commission after a merit based process, and

(b) appoint one or more individuals as vice chairs of the commission after a merit based process and consultation with the chair.

(3) The minister may appoint the members of the commission other than the chair and vice chairs after a merit based process and consultation with the chair.

13 The following section is added:

Administrative Tribunals Appointment and
Administration Act applies to commission

5.1 The Administrative Tribunals Appointment and Administration Act applies to the commission.

 
Assessment Act

14 Section 31 of the Assessment Act, R.S.B.C. 1996, c. 20, is amended

(a) by repealing subsections (1) to (4) and substituting the following:

(1) The minister must appoint property assessment review panels, each comprised of 3 members, to review and consider the annual assessments of land and improvements in British Columbia.

(2) The minister must appoint and designate one member of each panel as the chair of the panel, after a merit based process, to hold office for an initial term of 3 to 5 years.

(3) The minister may appoint members of a panel, other than the chair, after a merit based process, to hold office for an initial term of 2 to 4 years.

(4) A member may be reappointed by the minister as a member or chair of a panel for additional terms of up to 5 years. , and

(b) by adding the following subsections:

(6) If a member is absent or incapacitated for an extended period of time or expects to be absent for an extended period of time, the minister may appoint another person, who would otherwise be qualified for appointment as a member, to replace the member until the member returns to duty or the member's term expires, whichever comes first.

(7) Sections 1, 4, 6 to 8 and 10 of the Administrative Tribunals Appointment and Administration Act apply to a review panel.

15 Section 43 (1), (3) and (5) to (7) is repealed and the following substituted:

(1) The property assessment appeal board is continued consisting of at least 6 members appointed after a merit based process as follows:

(a) one member appointed and designated by the Lieutenant Governor in Council as the chair;

(b) one or more members appointed and designated by the Lieutenant Governor in Council as vice chairs after consultation with the chair;

(c) other members appointed by the Lieutenant Governor in Council after consultation with the chair.

(3) The Administrative Tribunals Appointment and Administration Act applies to the property assessment appeal board.

16 Section 44 (7) is repealed.

 
Community Care and Assisted Living Act

17 Section 29 (1) and (13) of the Community Care and Assisted Living Act, S.B.C. 2002, c. 75, is repealed and the following substituted:

(1) The Community Care and Assisted Living Appeal Board is continued consisting of individuals appointed after a merit based process as follows:

(a) a member appointed and designated by the Lieutenant Governor in Council as the chair;

(b) other members appointed by the Lieutenant Governor in Council after consultation with the chair.

(1.1) The Lieutenant Governor in Council may designate one of the members as vice chair after consultation with the chair.

(1.2) The Administrative Tribunals Appointment and Administration Act applies to the board.

 
Employment and Assistance Act

18 Section 19 (2) to (4) of the Employment and Assistance Act, S.B.C. 2002, c. 40, is repealed and the following substituted:

(2) The tribunal consists of the following individuals appointed after a merit based process:

(a) a member appointed by the Lieutenant Governor in Council and designated as the chair;

(b) one or more members appointed by the Lieutenant Governor in Council and designated as vice chairs after consultation with the chair;

(c) other members appointed by the minister after consultation with the chair.

(3) To be eligible for an appointment under subsection (2), a person must have the prescribed qualifications.

19 The following section is added:

Administrative Tribunals Appointment and Administration Act applies to tribunal

19.1 Sections 1 to 9 of the Administrative Tribunals Appointment and Administration Act apply to the Employment and Assistance Appeal Tribunal.

 
Employment Standards Act

20 Section 1 of the Employment Standards Act, R.S.B.C. 1996, c. 113, is amended by repealing the definition of "adjudicator" and adding the following definition:

"representative member" means a member of the tribunal appointed under section 102 (c); .

21 Sections 102 to 104 are repealed and the following substituted:

Employment Standards Tribunal continued

102 The Employment Standards Tribunal is continued consisting of

(a) a member appointed by the Lieutenant Governor in Council as the chair after a merit based process,

(b) members appointed by the minister after a merit based process and consultation with the chair, and

(c) any representative members appointed by the minister, after consultation with the chair, with equal representation from individuals with experience in employers' interests and from individuals with experience in employees' interests.

Administrative Tribunals Appointment and Administration Act applies to tribunal

103 The Administrative Tribunals Appointment and Administration Act applies to the tribunal.

Chair may delegate authority

104 (1) The chair may

(a) carry out any duty, power or function of the tribunal or a member, and

(b) delegate to a member a function, duty or power of the chair.

(2) While acting as chair under subsection (1) (b), a member has the power and authority of the chair.

22 Section 105 (2) is amended by striking out "under section 102 (2) as an adjudicator" and substituting "under section 102 (b) as a member".

23 Section 106 (4) is repealed and the following substituted:

(4) A panel may consist of one, 3 or 5 members, but if representative members are appointed to a panel, there must be an equal number of representative members who have experience in employers' interests and who have experience in employees' interests.

 
Environmental Management Act

24 Section 93 (3) to (6) of the Environmental Management Act is repealed and the following substituted:

(3) The appeal board consists of the following individuals 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.

(4) The Administrative Tribunals Appointment and Administration Act applies to the appeal board.

 
Expropriation Act

25 Section 53 (1) to (3), (5) and (7) of the Expropriation Act, R.S.B.C. 1996, c. 125, is repealed and the following substituted:

(1) The Expropriation Compensation Board 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) a member designated as the vice chair after consultation with the chair;

(c) other members appointed after consultation with the chair.

(5) Inquiry officers must be reimbursed for reasonable travelling and out of pocket expenses necessarily incurred in the discharge of their duties under this Act and may be paid remuneration for their services and serve in accordance with other terms and conditions as the Lieutenant Governor in Council may order.

26 The following section is added:

Administrative Tribunals Appointment and Administration Act applies to board

53.1 The Administrative Tribunals Appointment and Administration Act applies to the board.

 
Financial Institutions Act

27 Section 202 of the Financial Institutions Act, R.S.B.C. 1996, c. 141, is amended

(a) in subsection (1) by repealing paragraphs (a) to (c) and substituting the following:

(a) one member appointed by the Lieutenant Governor in Council as the chair after a merit based process;

(b) the deputy minister;

(c) other members, if any, appointed by the Lieutenant Governor in Council after a merit based process and consultation with the chair. ,

(b) in subsection (2) by adding "after consultation with the chair" after "vice chair", and

(c) by repealing subsections (4) and (6).

28 The following section is added:

Application of Administrative Tribunals Appointment
and Administration Act to commission

202.1 Sections 1 to 3, 5 to 8 and 10 of the Administrative Tribunals Appointment and Administration Act apply to the commission.

 
Fire Services Act

29 Section 2 (1) (a) of the Fire Services Act, R.S.B.C. 1996, c. 144, is repealed and the following substituted:

(a) appoint a fire commissioner after a merit based process, .

 
Forest and Range Practices Act

30 Section 136 (2) to (6) of the Forest and Range Practices Act, S.B.C. 2002, c. 69, is repealed and the following substituted:

(2) The board 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.

(5) The Administrative Tribunals Appointment and Administration Act applies to the board.

(6) The Lieutenant Governor in Council may determine the remuneration, reimbursement of expenses and other conditions of employment of persons appointed under the regulations to carry out audits.

 
Forest Practices Code of British Columbia Act

31 Section 190 (2) to (6) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c. 159, is repealed and the following substituted:

(2) The board 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.

(5) The Administrative Tribunals Appointment and Administration Act applies to the board.

(6) The Lieutenant Governor in Council may determine the remuneration, reimbursement of expenses and other conditions of employment of persons appointed under the regulations to carry out audits.

32 Section 194 (2) to (6) is repealed and the following substituted:

(2) 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.

(3) The Administrative Tribunals Appointment and Administration Act applies to the commission.

 
Hospital Act

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

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

(1) The Hospital Appeal Board, consisting of the members appointed under subsection (4), is continued for the purpose of providing practitioners appeals from

(a) a decision of a board of management that modifies, refuses, suspends, revokes or fails to renew a practitioner's permit to practise in a hospital, or

(b) the failure or refusal of a board of management to consider and decide on an application for a permit.

(1.1) The Lieutenant Governor in Council, by regulation, may specify the powers, duties, functions, practices and procedures of the Hospital Appeal Board.

(1.2) For the purposes of an appeal before the Hospital Appeal Board,

(a) three members constitute a quorum, and

(b) a decision must be by majority. ,

(b) in subsection (2) by striking out "A hospital appeal board" and substituting "The Hospital Appeal Board",

(c) in subsections (3), (5), (6) (b) and (8) by striking out "a hospital appeal board" and substituting "the Hospital Appeal Board", and

(d) by repealing subsections (4), (7) and (9) and substituting the following:

(4) Subject to subsection (4.1), the minister must appoint 10 members of the Hospital Appeal Board as follows:

(a) one member designated as the chair;

(b) one member designated as the vice chair after consultation with the chair;

(c) other members appointed after consultation with the chair.

(4.1) For the purposes of subsection (4), the members of the Hospital Appeal Board must be appointed as follows:

(a) one member selected after a merit based process from among 3 or more individuals nominated by the executive body of the College of Physicians and Surgeons of British Columbia;

(b) one member selected after a merit based process from among 3 or more individuals nominated by the executive body of the College of Dental Surgeons of British Columbia;

(c) one member selected after a merit based process from among 3 or more individuals nominated by the executive body of the College of Midwives of British Columbia;

(d) one member selected after a merit based process from among 3 or more individuals nominated by the executive body of the British Columbia Medical Association;

(e) 6 other members selected after a merit based process.

(4.2) The Administrative Tribunals Appointment and Administration Act applies to the Hospital Appeal Board.

 
Human Rights Code

34 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 (2)" and substituting "section 31 (1) (a)",

(b) in the definition of "member" by striking out "section 31 (1)" and substituting "section 31 (1) (b)", and

(c) in the definition of "tribunal" by striking out "established" and substituting "continued".

35 Sections 31, 31.1 and 32 are repealed and the following substituted:

Human Rights Tribunal

31 (1) 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.

(2) All members hold office for an initial term of 5 years and may be reappointed for additional terms of 5 years.

Application of Administrative Tribunals Appointment and Administration Act to tribunal

32 Sections 1 and 4 to 10 of the Administrative Tribunals Appointment and Administration Act apply to the tribunal.

 
Industry Training Authority Act

36 Section 10 of the Industry Training Authority Act, S.B.C. 2003, is amended by renumbering the section as section 10 (1) and by adding the following subsection:

(2) The Administrative Tribunals Appointment and Administration Act applies to the appeal board.

 
Labour Relations Code

37 Section 115 the Labour Relations Code, R.S.B.C. 1996, c. 244, is repealed and the following substituted:

Labour Relations Board

115 (1) The Labour Relations Board is continued consisting of a chair, vice chairs and as many members equal in number representative of employers and employees, respectively, as the Lieutenant Governor in Council considers proper, all of whom are to be appointed by the Lieutenant Governor in Council after a merit based process.

(2) For the purposes of subsection (1), the chair must be consulted before the appointment of vice chairs and members.

Administrative Tribunals Appointment and Administration Act applies to board

115.1 The Administrative Tribunals Appointment and Administration Act applies to the Labour Relations Board.

38 Sections 130 and 131 are repealed.

 
Local Government Act

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

(a) by repealing subsections (1) to (3) and (5) and substituting the following:

(1) The Building Code Appeal Board is continued consisting of the following members appointed by the minister after a merit based process:

(a) one member designated as the chair;

(b) other members appointed after consultation with the chair. , and

(b) by adding the following subsection:

(9) Sections 1 to 8 and 10 of the Administrative Tribunals Appointment and Administration Act apply to the appeal board.

 
Manufactured Home Park Tenancy Act

40 Section 79 (2) and (3) of the Manufactured Home Park Tenancy Act, S.B.C. 2002, c. 77, is repealed and the following substituted:

(2) An arbitrator may be appointed to hold office for an initial term of 2 to 4 years and may be reappointed for additional terms of up to 5 years.

(3) An individual is not eligible for appointment as an arbitrator unless

(a) he or she has successfully completed a merit based process established or approved by the director, or

(b) he or she has previously been appointed as an arbitrator under this Act.

41 The following sections are added:

Arbitrator's absence or incapacitation

79.1 If an arbitrator is absent or incapacitated for an extended period of time or expects to be absent for an extended period of time, the minister, after consultation with the director, may appoint another person, who would otherwise be qualified for appointment as an arbitrator, to replace the arbitrator until the arbitrator returns to duty or the arbitrator's term expires, whichever comes first.

Temporary, non-renewable appointments

79.2 (1) The director may appoint an individual, who would otherwise be qualified for appointment as an arbitrator, to be an arbitrator for up to 6 months.

(2) Under subsection (1), an individual may be appointed to be an arbitrator only once in any 2 year period.

(3) The minister may establish conditions and qualifications for appointments under subsection (1).

Termination for cause

79.3 The minister may terminate the appointment of an arbitrator for cause.

42 Section 94 (2) is amended by striking out "79 (3)" and substituting "79 (2) and (3) (b)".

 
Mental Health Act

43 Section 1 of the Mental Health Act, R.S.B.C. 1996, c. 288, is amended by adding the following definitions:

"chair" means the chair appointed under section 24.1 (1) (a);

"review panel" means a review panel established under section 24.1 (2); .

44 The following section is added:

Board and review panels

24.1 (1) The minister may establish a board consisting of the following members appointed after a merit based process:

(a) a chair appointed by the minister;

(b) members appointed by the minister after consultation with the chair.

(2) From among the members of the board, the chair may establish one or more review panels to conduct hearings and for each review panel may

(a) specify the number of its members,

(b) appoint its members, and

(c) designate a member to chair the panel.

(3) A review panel must include

(a) a medical practitioner,

(b) a member in good standing of the Law Society of British Columbia or a person with equivalent training, and

(c) a person who is not a medical practitioner or a lawyer.

(4) For matters heard under this Act by review panels, the chair may

(a) schedule the times the matters will be heard,

(b) assign a matter for hearing to a review panel,

(c) reassign a matter for hearing from one review panel to another review panel, or

(d) schedule 2 or more review panels to hear separate matters at the same time.

(5) A determination of a review panel under this Act is final and conclusive and is not open to

(a) review in a court except on a question of law or excess of jurisdiction, or

(b) appeal to any body.

(6) The Administrative Tribunals Appointment and Administration Act applies to the board and members of review panels.

(7) A review panel has the power, privileges and protection of a commissioner under sections 12, 15 and 16 of the Inquiry Act.

45 Section 25 is amended

(a) in subsection (1.1) by striking out "a chair appointed under subsection (7)" and substituting "the chair appointed under section 24.1 (1) (a)",

(b) by adding the following subsection:

(2.2) Despite any defect or apparent defect in the authority for the initial or continued detention of a patient detained under section 22, a review panel must conduct a hearing and determine whether the detention should continue because the factors in section 22 (3) (a) (ii) and (c) continue to describe the condition of the patient. ,

(c) in subsection (3) by striking out "A chair appointed under subsection (7)" and substituting "The chair appointed under section 24.1 (1) (a)", and

(d) by repealing subsections (4) and (5) to (8).

 
Miscellaneous Statutes Amendment Act (No. 2), 2002

46 Sections 48 to 50 of the Miscellaneous Statutes Amendment Act (No. 2), 2002, S.B.C. 2002, c. 48, are repealed.

 
Motor Carrier Act

47 Section 31 of the Motor Carrier Act, R.S.B.C. 1996, c. 315, is amended

(a) by repealing subsections (1), (4) to (6), (8) and (9) and substituting the following:

(1) The Motor Carrier Commission is continued consisting of at least 7 persons appointed as follows by the Lieutenant Governor in Council after a merit based process:

(a) one member appointed as the chair;

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

(c) other members appointed after consultation with the chair.

(9) If, in the opinion of the Lieutenant Governor in Council, a commissioner has an interest in a matter before the commission, the Lieutenant Governor in Council may appoint another person to act as commissioner in the place of the commissioner who has that interest. , and

(b) in subsection (11) (b) by striking out "chair, deputy chair or acting chair," and substituting "chair, a vice chair or a chair of a panel,".

48 The following section is added:

Application of Administrative Tribunals Appointment
and Administration Act to commission

31.1 The Administrative Tribunals Appointment and Administration Act applies to the commission.

 
Natural Products Marketing (BC) Act

49 Section 3 (1) and (2) of the Natural Products Marketing (BC) Act, R.S.B.C. 1996, c. 330, is repealed and the following substituted:

(1) The British Columbia Farm Industry Review Board is continued consisting of up to 10 individuals appointed as follows by the Lieutenant Governor in Council after a merit based process:

(a) one 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.

50 The following section is added:

Administrative Tribunals Appointment and
Administration Act applies to Provincial board

3.1 The Administrative Tribunals Appointment and Administration Act applies to the Provincial board.

 
Parole Act

51 Section 2 of the Parole Act, R.S.B.C. 1996, c. 346, is repealed and the following substituted:

Board of Parole

2 (1) The Board of Parole for the Province of British Columbia is continued consisting of the following members selected from persons who meet the prescribed criteria and after a merit based process:

(a) one member appointed and designated by the Lieutenant Governor in Council as the chair;

(b) at least 3 other members appointed by the Lieutenant Governor in Council after consultation with the chair.

(2) The Lieutenant Governor in Council may designate one of the members as the vice chair after consultation with the chair.

(3) Sections 1 to 6 and 8 to 10 of the Administrative Tribunals Appointment and Administration Act apply to the board.

52 Section 3 (1) is repealed.

 
Petroleum and Natural Gas Act

53 Section 13 (1) and (3) (c) of the Petroleum and Natural Gas Act, R.S.B.C. 1996, c. 361, is repealed and the following substituted:

(1) The Mediation and Arbitration Board is continued consisting of up to 9 individuals appointed as follows by the Lieutenant Governor in Council after a merit based process:

(a) one member designated as the chair;

(b) one member designated as the vice chair after consultation with the chair;

(c) other members appointed after consultation with the chair.

(6) The Administrative Tribunals Appointment and Administration Act applies to the board.

 
Public Sector Employers Act

54 Section 14.9 of the Public Sector Employers Act, R.S.B.C. 1996, c. 384, is amended

(a) in subsection (1) by striking out "This Part" and substituting "Division 3 of this Part", and

(b) by adding the following subsections:

(3) The appointment of a person referred to in subsection (1) may be terminated without notice before the end of the term of their appointment on payment of the lesser of

(a) 12 months' compensation, or

(b) the compensation in an amount equal to the remuneration otherwise owing until the end of the term.

(4) An amount paid under subsection (3) must be in the form of periodic payments unless the employer, in its sole discretion, considers a lump sum payment to be more appropriate.

(5) For greater certainty, the Lieutenant Governor in Council may, for the designated tribunals referred to in the Schedule, prescribe further employment termination standards that are not inconsistent with this section.

55 The Schedule is amended by adding the following as designated tribunals:

Agricultural Land Commission

Community Care and Assisted Living Appeal Board

Industry Training Appeal Board

Safety Standards Appeal Board

Workers' Compensation Appeal Tribunal .

 
Residential Tenancy Act

56 Section 86 (2) and (3) of the Residential Tenancy Act, S.B.C. 2002, c. 78, is repealed and the following substituted:

(2) An arbitrator may be appointed to hold office for an initial term of 2 to 4 years and may be reappointed for additional terms of up to 5 years.

(3) An individual is not eligible for appointment as an arbitrator unless

(a) he or she has successfully completed a merit based process established or approved by the director, or

(b) he or she has previously been appointed as an arbitrator under this Act.

57 The following sections are added:

Arbitrator's absence or incapacitation

86.1 If an arbitrator is absent or incapacitated for an extended period of time or expects to be absent for an extended period of time, the minister, after consultation with the director, may appoint another person, who would otherwise be qualified for appointment as an arbitrator, to replace the arbitrator until the arbitrator returns to duty or the arbitrator's term expires, whichever comes first.

Temporary, non-renewable appointments

86.2 (1) If additional arbitrators are required, the director may appoint an individual, who would otherwise be qualified for appointment as an arbitrator, to be an arbitrator for up to 6 months.

(2) Under subsection (1), an individual may be appointed to be an arbitrator only once in any 2 year period.

(3) The minister may establish conditions and qualifications for appointments under subsection (1).

Termination for cause

86.3 The minister may terminate the appointment of an arbitrator for cause.

58 Section 102 (2) is amended by striking out "86 (3)" and substituting "86 (2) and (3) (b)".

 
Safety Standards Act

59 Sections 43, 44 and 47 of the Safety Standards Act, S.B.C. 2003, are repealed and the following substituted:

Appeal board established

43 (1) The Safety Standards Appeal Board is established consisting of

(a) a member appointed by the minister as the chair after a merit based process, and

(b) members appointed by the minister after a merit based process and consultation with the chair.

(2) The minister may designate one or more members of the board as vice chair after consultation with the chair.

Application of Administrative Tribunals Appointment
and Administration Act to appeal board

44 The Administrative Tribunals Appointment and Administration Act applies to the appeal board.

60 Section 89 (e) is repealed.

 
Securities Act

61 Section 4 (1), (3), (5) and (8) of the Securities Act, R.S.B.C. 1996, c. 418, is repealed and the following substituted:

(1) The British Columbia Securities Commission is continued as a corporation consisting of up to 11 members appointed as follows by the Lieutenant Governor in Council after a merit based process:

(a) one member designated as the chair and chief executive officer of the commission;

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

(c) other members appointed after consultation with the chair.

62 The following section is added:

Application of Administrative Tribunals Appointment
and Administration Act to commission

4.1 Sections 1 to 6, 7 (1) and (2) and 8 of the Administrative Tribunals Appointment and Administration Act apply to the commission.

 
Utilities Commission Act

63 Section 2 of the Utilities Commission Act, R.S.B.C. 1996, c. 473, is repealed and the following substituted:

Commission continued

2 (1) The British Columbia Utilities Commission is continued consisting of individuals appointed as follows by the Lieutenant Governor in Council after a merit based process:

(a) one commissioner designated as the chair;

(b) other commissioners appointed after consultation with the chair.

(2) The Lieutenant Governor in Council, after consultation with the chair, may designate a commissioner appointed under subsection (1) (b) as a deputy chair.

(3) The chair may appoint a deputy chair or commissioner to act as chair for any purpose specified in the appointment.

(4) Sections 1 to 3 and 5 to 10 of the Administrative Tribunals Appointment and Administration Act apply to the commission, and for that purpose a reference to a deputy chair in this Act is a reference to a vice chair under that Act.

(5) The chair is the chief executive officer of the commission and has supervision over and direction of the work and the staff of the commission.

 
Workers Compensation Act

64 Section 232 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is amended

(a) in subsection (2) by striking out "following members:" and substituting "following members appointed after a merit based process:",

(b) in subsection (3) by striking out "a term of up to 5 years" and substituting "an initial term of 3 to 5 years",

(c) by repealing subsection (4) and substituting the following:

(4) The vice chairs hold office for an initial term of 2 to 4 years and may be reappointed for additional terms of up to 5 years. ,

(d) in subsection (6) by striking out "competency-based selection" and substituting "merit based", and

(e) in subsection (10) by adding "a person, who would otherwise be qualified for appointment as a member, as" after "appoint".

65 Section 233 (2) is repealed and the following substituted:

(2) If a member resigns or their appointment expires, the chair may authorize that individual to continue to exercise powers as a member of the appeal tribunal in any appeal in which that individual had jurisdiction immediately before the end of their term.

66 Section 236 is repealed and the following substituted:

Compensation and expenses of members

236 (1) In accordance with general directives of the Treasury Board, members may be paid remuneration and must be reimbursed for all reasonable travelling and out of pocket expenses necessarily incurred in carrying out their duties.

(2) For the purposes of subsection (1), Treasury Board may specify different rates of compensation for different classes of members.

 
Transitional Provisions

Transitional -- Conversion of existing appointments to conforming terms

67 (1) Subject to subsections (2) and (3), on the coming into force of an amendment made to any other Act by this Act, any existing appointment under a provision of that other Act, if the provision is amended by this Act, is governed by the following rules:

(a) an appointment as a chair that was expressed to be made at pleasure or without a specified term is converted to a term of 5 years starting on the day the amendment comes into force;

(b) an appointment as a member, other than a chair, that was expressed to be made at pleasure or without a specified term is converted to a term of 4 years starting on the day the amendment comes into force;

(c) an existing appointment as a chair or other member that was made for a specified term is continued until the end of the term.

(2) On the coming into force of section 21, existing appointments of individuals as adjudicators who were appointed by the chair under the Employment Standards Act are cancelled and those individuals are appointed as members under section 102 (b) of the Employment Standards Act for a term equal to the remainder of their existing terms.

(3) On the coming into force of section 61, existing designations, made before the coming into force of this section, of members of the British Columbia Securities Commission as the chair and vice chairs of the commission and the appointments of those members are continued as expressed in the orders by which they were appointed.

(4) An appointment to which this section applies must be considered to have been made after a merit based process.

Transitional -- No action for damages or compensation
in respect of Public Sector Employers Act

68 No action for damages or compensation may be brought against the government or any person because of amendments made by this Act to the Public Sector Employers Act.

Transitional -- Effect of amendments on contracts of employment

69 On the date that section 14.9 (3) to (5) of the Public Sector Employers Act, as enacted by section 54 of this Act, comes into force,

(a) section 14.9 (3) to (5) of that Act is deemed, in respect of a member of a tribunal referred to in section 14.9 (1) of that Act, to be included in all contracts of employment related to the member's appointment, that are commenced, changed or renewed on or after that date, and

(b) any provision of an applicable contract of employment referred to in paragraph (a) that conflicts with or is inconsistent with section 14.9 (3) to (5) of that Act is void to the extent of the conflict or inconsistency.

Commencement

70 (1) This Act, except section 46, comes into force by regulation of the Lieutenant Governor in Council.

(2) On coming into force, section 54 is deemed to have come into force on the day the Administrative Tribunals Appointment and Administration Act receives First Reading in the Legislative Assembly.