Interpretation Guidelines Manual
British Columbia Employment Standards Act and Regulations

Employment Standards Act Part 10 - Complaints, Investigations and Determinations

ESA Section 84.2 - Contempt proceeding for uncooperative person

Contents:

Summary
Text of Legislation
Policy Interpretation
Related Information


Summary

If a person fails to attend before the director, take an oath or make an affirmation, answer questions, produce records or comply with an order as required by the director, the director may make an application to Supreme Court to have the person committed for contempt.
Text of Legislation

Contempt proceeding for uncooperative person

84.2  (1) The failure or refusal of a person subject to an order under section 84 to do any of the following makes the person, on application to the Supreme Court by the director, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court:

(a) attend before the director;

(b) take an oath or make an affirmation;

(c) answer questions;

(d) produce records or things in the person’s possession or control.

(2) The failure or refusal of a person subject to an order or direction under section 84.1 to comply with the order or direction makes the person, on application to the Supreme Court by the director, liable to be committed for contempt as if in breach of an order or judgment of the Supreme Court.

(3) Subsections (1) and (2) do not limit the conduct for which a finding of contempt may be made by the Supreme Court.


Policy Interpretation

Subsection (1)

If a person who has been ordered by the director under s. 84 to attend at a hearing, to take an oath or make an affirmation, to answer questions or to produce a record fails to comply with the order, the director may apply to Supreme Court for an order that a person be committed for contempt.

Subsection (2)

If an adjudicator conducting a hearing makes an order under s. 84(1) for the purpose of maintaining order, and a person refuses or fails to comply with the order, the director may apply to Supreme Court for an order that the person be committed for contempt.

Subsection (3)

The reasons for which the director can apply for an order that a person be committed for contempt are not limited to those set out in subsections (1) and (2).



Related Information

Related sections of the Act or Regulation Other

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

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