Both the Employment Standards Act (“ESA“) and the Temporary Foreign Worker Protection Act (“TFWPA”) contain a privative clause.
Section 110(2) of the ESA states: A decision or order of the tribunal under this Act or the regulations on any matter in which it has jurisdiction is final and conclusive and is not open to question or review in a court on any grounds.
Section 67(2) of the TFWPA states: A decision or order of the tribunal on a matter in respect of which the tribunal has exclusive jurisdiction is final and conclusive and is not open to question or review in any court.
A party to an application for reconsideration at the Tribunal who disagrees with a reconsideration decision of the Tribunal may apply for judicial review of the decision to, initially, the Supreme Court of British Columbia under the Judicial Review Procedure Act. A decision of the Supreme Court of British Columbia may be appealed to the British Columbia Court of Appeal. A decision of the British Columbia Court of Appeal may be appealed to the Supreme Court of Canada.
The following is a listing of judicial review decisions related to Tribunal decisions that have been issued under the ESA. At this time, no judicial review decisions have been made related to the TFWPA.