Interpretation Guidelines Manual
British Columbia Employment Standards Act and Regulations

Employment Standards Act Part 10 - Complaints, Investigations and Determinations

ESA Section 84.1 - Maintenance of Order at Hearings

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

This section explains the director’s power to make orders or give directions to maintain order at hearings, including asking for the assistance of a peace officer, imposing restrictions on a participant of the hearing or excluding a person from further participation.
Text of Legislation

84.1  (1) At an oral hearing, the director may make orders or give directions that he or she considers necessary for the maintenance of order at the hearing, and, if any person disobeys or fails to comply with any order or direction, the director may call on the assistance of any peace officer to enforce the order or direction.

(2) A peace officer called on under subsection (1) may take any action that is necessary to enforce the order or direction and may use such force as is reasonably required for that purpose.

(3) Without limiting subsection (1), the director, by order, may

(a) impose restrictions on a person’s continued participation in or attendance at a hearing, and

(b) exclude a person from further participation in or attendance at a hearing until the director orders otherwise.


Policy Interpretation

The adjudicator who is conducting the hearing (the director’s delegate) has the authority to make orders for the maintenance of order at a hearing, whether the hearing is conducted in-person or electronically. This includes restricting a person’s participation or attendance, or excluding a person from a hearing.

Subsection (1)

When conducting an oral hearing, whether in person or electronically, the adjudicator may make orders he or she considers necessary to maintain order at the hearing. If a person disobeys an order or fails to comply, the adjudicator may call a peace officer to enforce the order.

Subsection (2)

If a peace officer is called to enforce an order, he or she may take any action required to enforce the order, and may use reasonable force.

Subsection (3)

The adjudicator may impose restrictions on a person’s continued participation in or attendance at a hearing. The adjudicator may prevent a person from continuing to participate or attend at a hearing.


Related Information

Related sections of the Act or Regulation Other

See www.labour.gov.bc.ca/esb/facshts/

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