Enforcing Tribunal Orders using Court Processes
(Sections 47 and 54 of the Administrative Tribunals Act)
This Information Bulletin discusses the processes available under sections 47 and 54 of the Administrative Tribunals Act to enforce tribunal orders in the Supreme Court of British Columbia. Topics discussed in this Bulletin include:
Overview
- What Sections 47 and 54 authorize
- Why sections 47 and 54 make the court processes available
- Tribunals whose orders are enforceable under sections 47 and 54
Filing Tribunal Orders at Court
- Alternatives to enforcing the order through the Court
- Certified true copy of tribunal order
- Court Registry locations
- Filing the Order at the Court Registry
- What if the money is paid as ordered?
Enforcement Options
- Notice that the order has been filed
- Enforcing an order for payment of money
- Enforcing an order that something be done (other than the payment of money)
This Information Bulletin is intended for general information only and is not intended as legal advice. For specific issues related to section 47 and 54, legal advice should be obtained.
For more information about administrative tribunals and the Administrative Tribunals Act, please contact the Administrative Justice Office
Overview
What sections 47 and 54 authorize
Section 47 authorizes tribunals to make orders requiring a party or intervener to pay the costs of another party, intervener or, in some circumstances, the tribunal1 and makes the court enforcement processes available to enforce payment of such an order.
Section 54 makes the court processes available to enforce a tribunal’s final decision that requires a party to do or not do some activity or thing, which may include requiring the party to pay money to another party.
Section 1 defines “court” as the BC Supreme Court, so it is that court’s enforcement processes that can be used under section 47 or 54.
Why sections 47 and 54 make the court processes available
Most tribunals have authority to resolve disputes or decide issues between parties. To carry out that responsibility, many tribunals can make orders that require a party to do or not do some activity or thing which can, in some cases, include paying money. These orders have the force of law and most people will comply with a tribunal’s order without the need for any further steps being taken.
However, if a person does not comply with a tribunal order made before a tribunal’s proceedings are concluded (for example, an order requiring a party to make documents available), the tribunal can usually take steps to enforce the order itself. For example, the tribunal may limit the party’s participation in the tribunal’s proceedings or may even dismiss the application.2 However, if a person does not comply with a tribunal’s order to pay costs or with a tribunal’s final decision,3 the tribunal itself will not usually have any powers or processes to make the person comply with that decision. For this reason, if a person fails or refuses to comply with a tribunal’s cost order or final decision, sections 47 and 54 permit a party to use the court processes to obtain compliance.
Tribunals whose orders are enforceable under sections 47 and 54
Sections 47 and 54 apply to a tribunal’s orders only if that tribunal’s own enabling legislation adopts section 47 or 54. Those tribunals are listed in Appendix A. Other tribunals may have similar powers under their own legislation.
Filing Tribunal Orders at Courts
Alternatives to enforcing the order through the Court
Prior to taking steps to file a tribunal order at the BC Supreme Court, a person who wants to enforce a tribunal’s order should ensure that the failure to comply is intentional. A simple first step is to write to the other party, advising that if they do not comply with the order or decision within a reasonable period of time, steps will be taken to enforce the costs order or final decision through the Supreme Court.
If there is no response, the court processes can be used, but parties are cautioned that these processes can take some time, effort and costs that they may not be able to fully recover.
Certified true copy of tribunal order
To use the court processes for enforcement, the tribunal order or decision must first be filed in a BC Supreme Court Registry. To do this, the Supreme Court requires a “certified” copy of the tribunal’s order or decision.
A “certified” copy is a copy of the original order or decision, that the tribunal’s chair or other authorized person (often a senior tribunal staff person) certifies as a “true” (or accurate) copy of the original order or decision. The chair or authorized person certifies the copy as a true copy by stamping and signing it and may also affix the tribunal’s seal, if the tribunal has one.
The tribunal may require some time to prepare a certified copy of the order and may charge a fee for doing so. It is a good idea to call the tribunal’s office in advance and ask about the tribunal’s requirements, including fees, and whether the certified copy can be obtained by mail.
The certified copy, together with a photocopy of the certified copy, may then be taken or mailed to any BC Supreme Court Registry Office for filing.
Court Registry locations
A list of the Supreme Court Registry locations and mailing addresses is available at:
Court Services Branch Contact Guidelines for Courthouse Users.
The choice of Court Registry Office will not affect or limit the ability to enforce the order or decision to that area of the province, but all future steps to enforce the order or decision must be taken through that Registry Office.
Filing the order at the Court Registry
The Supreme Court requires that the certified copy of the order be attached to a “Requisition” form (Form 2). The “Applicant” in the “style of proceeding” at the top of the requisition form should generally be the person seeking to enforce the order and the “Respondent” should be the person against whom enforcement is sought.
A sample of a Requisition is provided in Appendix B. The Requisition should indicate:
- that the Applicant is seeking to file a certified copy of a tribunal order for enforcement;
- the section of the Administrative Tribunals Act relied upon (section 47 or section 54); and
- the Applicant’s address for delivery of documents.
On being provided with a certified copy of a tribunal order, the Court Registry will enter the order or decision into the Court records and assign a Court file number to it. All subsequent Court forms and enforcement processes should refer to the order or decision by its Court file number and use the same style of cause.
The Court Registry should also be asked to return the photocopy, with the details of registration and the Court case number noted on it. Parties should make additional copies of the photocopy, to use in subsequent enforcement processes.
What if the money is paid as ordered?
If the order or decision requires that money is to be paid, the person who is to pay the money may require that an acknowledgment of payment (Form 50 of the Supreme Court Rules) be provided in exchange. It is advisable to require payment by certified cheque or bank draft, because once the Form 50 is provided, it can be filed at the Court Registry as evidence that the money has been paid as ordered.
The Supreme Court’s Rules of Court, forms and schedule of applicable fees are available at: Supreme Court Civil Rules.
Enforcement Options
Notice that the order has been filed
Simply letting the other party know that the tribunal’s order or decision has been filed with the Court may result in the money being paid or the action being taken as ordered.
However, if non-compliance is anticipated, serving a copy of the order, after filing with the Court, may be advisable. See Rule 11 of the Supreme Court Rules for the requirements for proper service of a document.
Enforcing an order for payment of money
In the Supreme Court, several different ways to collect money on a judgment may be available, with the most common being:
- A Writ of Seizure and Sale (Supreme Court Rule 42(1));
- A Subpoena to Debtor (Supreme Court Rule 42(23));
- A Certificate of Judgment (section 86 of the Court Order Enforcement Act);
- A Garnishing Order After Judgement (Part 1 of the Court Order Enforcement Act).
The Supreme Court charges fees for each of these processes, but they can be added to the amount owing and may be recoverable from the other party. The applicable fees are listed in Appendix “C” to the Supreme Court Rules.
Using these processes can be complicated. Parties may need legal assistance and should seek legal advice on the most appropriate way to proceed and whether other options are available. However, to get a sense of how the various processes work, parties may want to look at “Getting Results”, the Ministry of Justice, Court Services’ information booklet on the enforcement of Small Claims Court orders.
The information in the booklet describes Small Claims Court processes and forms, which are different from the Supreme Court’s processes and forms. Legal advice may be required.
Enforcing an order for something to be done (other than the payment of money)
Some tribunals have the authority to make orders that a person is to do or not do some action that does not involve the payment of money. If a person does not comply with that type of tribunal order, an application can be made to invoke the Supreme Court’s civil contempt processes under Rule 56 of the Supreme Court Rules.
The purpose of a civil contempt proceeding is to obtain compliance with the court order (or in this case, the tribunal order or decision that has been filed with the Court). The Court may impose a fine on a person who does not comply with an order or, in more serious cases, order that the person be imprisoned until they comply with the order.
In addition, or instead of proceeding against the person for contempt, an application can be made, under Supreme Court Rule 42(7), for a Court order that allows someone else (for example, the person who obtained the order or some other person appointed by the Court) to do what the tribunal has ordered be done. As part of that order, the Court may also order that the person who failed to comply with the order must pay some or all of the associated costs and expenses of doing what was ordered. The processes (referred to above) for enforcement of an order for the payment of money can then be used to enforce that order and recover the costs.
A Court order under Rule 42(7) is necessary to give the legal authority to do the activity and recover the costs, and must be obtained prior to taking any steps in that regard. Rule 42(7) recognizes that, while contempt proceedings may penalize the person disobeying the order, they do not necessarily result in compliance with the order. This Rule provides a workable remedy for those who have court orders that are not being obeyed.
If considering applying to the Supreme Court for a contempt order under Rule 56 or for an order under Rule 42(7), legal counsel should be consulted for more detailed information and advice.
Appendix A
Tribunals to Which Sections 47 and 54 of the Administrative Tribunals Act Apply
Section 47
- Community Care and Assisted Living Appeal Board
- Farm Industry Review Board
- Financial Services Tribunal
- Hospital Appeal Board
- Mediation and Arbitration Board
- Safety Standards Appeal Board
Section 54
- Agricultural Land Commission
- Community Care and Assisted Living Appeal Board
- Financial Services Tribunal
- Hospital Appeal Board
- Industry Training Appeal Board
- Property Assessment Appeal Board
- Safety Standards Appeal Board
- Utilities Commission
Please note:
- Other tribunals’ orders may be enforceable in the courts, under their own legislation.
- This information is current as of April 5, 2007. Readers should check each tribunal’s enabling legislation to verify that the indicated sections are applicable.
Appendix B
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- For information about when a tribunal can order the payment of costs, see the AJO information bulletin , available on the AJO website.
- For more information on what a tribunal can do to enforce its own orders, see the A Guide for Tribunals: Obtaining Compliance with Tribunal Processes, available on the AJO website.
- A final decision is a decision that concludes the application or appeal that was the subject of the tribunal proceedings.
- See Supreme Court Rule42(19).
