Tribunals
How Tribunals Are Involved?
If you disagree with a decision that a particular government agency has made that affects you, a special board (an administrative tribunal) will hear your complaint and make a decision about your case. For example, if a federal government agency has denied you employment insurance benefits when you lost your job, a special tribunal would hear your complaint. A tribunal is sometimes called a “board” or a “commission”. In BC, the procedures of tribunals are governed by the Administrative Tribunals Act, as well as the internal bylaws and regulations developed by each agency, commission or board.
Read the Rules
How is a Tribunal Different from a Court?
There are many ways to resolve disputes, and they don’t all involve a trial before a judge in court. Administrative tribunals run parallel to the court system. Although administrative tribunals may resemble courts because they make decisions about disputes, they are not part of the court system.
There are two significant differences between administrative tribunals and courts:
- Administrative tribunals are set up to be less formal, less expensive, and a faster way to resolve disputes than the court system. They do not follow all the same procedural protections that courts do.
- Tribunal members who make decisions (adjudicators) usually have special knowledge about the topic they are asked to consider. Judges, however, are expected to have general knowledge about many areas of law, not particular expertise about the law in the case they are hearing.
In a tribunal hearing, your case may be heard by one adjudicator sitting alone, or by a panel of several adjudicators. These adjudicators have special training and experience to conduct hearings, but they are not judges. But, like a judge, the adjudicators are responsible for conducting fair hearings and making final decisions on the issues. They do this by considering the evidence and applying the laws and policies that relate to your case.
Who Establishes Administrative Tribunals?
Tribunals are normally established by federal or provincial legislation, or through municipal bylaws.
For example:
- Provincial Legislation: The Employment Standards Act (provincial legislation), establishes the Employment Standards Tribunal, which makes decisions about issues that concern employees in BC.
- Municipal Bylaws: The Board of Variance in Vancouver was established by the city to hear appeals from residents who have been denied a building or zoning permit.
- Professional associations, such as the Law Society of BC or the Chartered Professional Accountants of BC, create their own tribunals or boards to resolve complaints from members of the public or review issues about credentials about lawyers and accountants.
How are Tribunal Members Appointed?
The government or other group that establishes the tribunal usually appoints tribunal members. As a general rule, members are selected because they have expertise or technical knowledge about the matters they will be reviewing.
