Interpretation Guidelines Manual
British Columbia Employment Standards Act and Regulations

Employment Standards Act Part 10 - Complaints, Investigations and Determinations

Summary

This section provides immunity for anything done or omitted to be done in the course of the director’s duties or powers under the Act.

84.3  (1) Subject to subsection (2), no legal proceeding for damages lies or may be commenced or maintained against the director, or a person acting on behalf of or under the direction of the director, because of anything done or omitted

(a) in the performance or intended performance of any duty under this Act, or

(b) in the exercise or intended exercise of any power under this Act.

(2) Subsection (1) does not apply to a person referred to in that subsection in relation to anything done or omitted by that person in bad faith.

ESA

• s. 84, Power to compel persons to answer questions and order disclosure
• s. 84.1, Maintenance of order at hearings
• s. 84.2, Contempt proceeding for uncooperative person
• s.85, Entry and inspection powers
• s.120, Warrant to carry out inspection powers
• s.121, Director cannot be required to give evidence in other proceedings
• s.122, Service of determinations and demands

ESR
• s.46, Production of records