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BC Human Rights Tribunal

Application to Dismiss Complaint: Complaint About Conduct Outside BC

Information Sheet DA2

The Tribunal may dismiss a complaint under s. 27(1)(a) of the Code if it determines that the complaint is not within its jurisdiction.

Conditions for dismissal: section 27(1)(a) of the Human Rights Code

For the Tribunal to dismiss a complaint about conduct outside of British Columbia under s. 27(1)(a) of the Code, you must show:

The complaint is outside the Tribunal’s jurisdiction because it is about conduct that does not have a sufficient connection to British Columbia.

Information about conduct outside British Columbia

The Tribunal has jurisdiction over complaints of discrimination in BC, whether or not the respondent is located in BC. A person may complain about a decision made outside of BC, if the decision was implemented in and affected them in BC.

For example:

 

A person employed in BC may proceed before the Tribunal, even if the employer has its headquarters and makes its decisions outside BC.

 

A person denied the purchase of BC property may proceed before the Tribunal, even if the owner resides outside of BC.

The Tribunal may also proceed with a complaint about conduct outside of BC, if there is a sufficient connection with BC.

For example, a person may complain about an act of discrimination outside of BC if the employment relationship is British Columbian.

Information the Tribunal will consider to determine if there is a sufficient connection with BC includes:

  • The respondent’s place of business
  • The employee’s residence and usual place of employment
  • Whether the employee’s terms of employment require them to work in and outside of BC
  • Whether employment outside BC immediately followed employment in BC