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Complaints about Tribunal services

Last updated: November 30, 2023

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Resolution of complaints

The Tribunal aims to resolve human rights complaints in a fair and timely way. We will be fair and impartial in our proceedings, treating all with respect, courtesy and dignity.

As part of our commitment to the public that we serve, we have a process for addressing concerns about the Tribunal’s services, including its staff, mediators, and members.

This process is not for reviewing the Tribunal’s decisions about human rights complaints. The Tribunal has limited power to reconsider its own decisions. If you believe that the interests of fairness and justify a reconsideration, you may apply to have the Tribunal member reconsider a decision. If you believe that the Tribunal’s decision was wrong or its process was unfair, you can apply to the court for judicial review.

Follow the steps below if you have a complaint about services provided by a Tribunal staff person, mediator, Tribunal member or executive staff person.

Complaints about Tribunal staff

Tribunal staff are required to act in accordance with the Province of British Columbia Standards of Conduct for Public Service Employees [Standards of Conduct].

Tribunal staff include case managers, intake officers, and others you may deal with when calling for information or dealing with your complaint at the staff level. If you believe that a tribunal staff person has not complied with the Standards of Conduct, please take the following steps:

  • Raise your concern directly with the staff person you are dealing with. They may be able to resolve it informally.
  • If you do not want to speak to the staff person, or are not satisfied with their response, call or contact the Tribunal Registrar. The Registrar may work with you to try to resolve the complaint informally.
  • If your complaint is not resolved informally, make a written complaint to the Tribunal Registrar. Your complaint must address:
    1. The complaint file number if there is one
    2. Your name and contact information
    3. The reasons for your complaint (who, what, when, where)
    4. The applicable portions of the Standards of Conduct
    5. The steps you think the Tribunal should take to resolve your complaint

If you make a written complaint, the Registrar will tell the staff member about your complaint and respond to you within three weeks. If the Registrar needs more time, they will acknowledge receipt of your complaint and tell you when you can expect a response.

Complaints about mediation

Tribunal mediations are conducted by Tribunal members, legal counsel, and contract mediators. Members are bound by the Code of Conduct for Tribunal members. All mediators are bound by the Mediators’ Code of Conduct.

If you have a concern about a mediation, you should first raise it directly with the mediator during the mediation process. The mediator can then work with you to resolve it.

If the mediator does not resolve your concern, or you cannot raise the problem directly with the mediator, then make a written complaint to the attention of the Tribunal Chair.

In your complaint, you must include:

  • The complaint file number if there is one
  • Your name and contact information
  • The reasons for your complaint (who, what, when, where)
  • The applicable portions of the Code of Conduct
  • The steps you think the Tribunal should take to resolve your complaint

The Chair will tell the mediator about your complaint, and respond to you within three weeks. If the Chair needs more time, they will acknowledge receipt of your complaint and tell you when you can expect a response.

If the complaint is about the Tribunal Chair acting as a mediator, the Tribunal may have the complaint reviewed by a person external to the Tribunal.

Complaints about Tribunal members

The Tribunal does not have the power to interfere with Tribunal members’ independent decision-making. This means that the Tribunal cannot interfere with an individual case or decision. The Tribunal will not consider a complaint that a Tribunal member’s decision, order or direction is wrong. Those issues must be raised by making an application for reconsideration or for judicial review.

Tribunal members are required to act in accordance with the Code of Conduct and to strive to meet the Tribunal’s Service Standards.

If you are concerned that a member has not complied with the Code of Conduct or Service Standards, then you must:

  1. Raise your concern directly with the member if it relates to the Code of Conduct. You can do this at a case conference or in a hearing. You can also do this by writing to the attention of the case manager, setting out your concern and what steps you want the member to take to deal with it. You can also use an application form.
  2. If you do not raise your concern directly with the member, you might prejudice your rights and interests. For example, if you are concerned about bias, but you do not raise the issue with the Tribunal member, a court may refuse to hear your concern in a judicial review.
  3. If your concern is not resolved with the Member or your complaint is about a Member not complying with Service Standards, make a written complaint to the attention of the Tribunal Chair. In your complaint, you must include:
    • The complaint file number if there is one
    • Your name and contact information
    • The reasons for your complaint (who, what, when, where)
    • The applicable portions of the Code of Conduct or Service Standards
    • The steps, if any, you think the Tribunal should take to resolve your complaint

If the complaint appears to raise a conduct issue that is appropriate for review by the Tribunal Chair, the Chair will tell the Tribunal Member about the complaint, and will respond to you within three weeks. If the Chair needs more time, they will acknowledge receipt of your complaint and tell you when you can expect a response.

If the complaint appears to raise a conduct issue that is appropriate for review, and the complaint is about the Tribunal Chair, the Tribunal may have the complaint reviewed by a person external to the Tribunal.

The Tribunal may postpone dealing with your complaint if you have an ongoing proceeding to make sure that it does not interfere with the independent decision-making of the Tribunal’s members.

Complaints about executive staff

Tribunal staff are required to act in accordance with the Province of British Columbia Standards of Conduct for Public Service Employees [Standards of Conduct].

Executive staff includes the Registrar, legal counsel, and Executive Coordinator.

If you believe that an executive staff person has not complied with the Standards of Conduct, please take the following steps:

  1. Raise your concern directly with the staff person you are dealing with. They may be able to resolve it informally.
  2. If you do not want to speak to the staff person, or are not satisfied with their response, call or contact the Tribunal Chair. The Chair may work with you to try to resolve the complaint informally.
  3. If your complaint is not resolved informally, make a written complaint to the Tribunal Chair. Your complaint must address:
    • The complaint file number if there is one
    • Your name and contact information
    • The reasons for your complaint (who, what, when, where)
    • The applicable portions of the Standards of Conduct
    • The steps you think the Tribunal should take to resolve your complaint

If you make a written complaint, the Chair will tell the staff member about your complaint and respond to you within three weeks. If the Chair needs more time, they will acknowledge receipt of your complaint and tell you when you can expect a response.

Making a complaint about Tribunal services

You can make a complaint by writing an email or letter to the Tribunal.

Address your complaints about staff to the Registrar,

Address your complaint about a mediator, Tribunal Member, or executive staff person to the Chair.

Make sure you include the following information:

  1. The complaint file number if there is one
  2. Your name and contact information
  3. The reasons for your complaint (who, what, when, where)
  4. The applicable portions of the:
  5. The steps you think the Tribunal should take to resolve your complaint

To contact the Tribunal or to make a complaint:

If you have questions about this process, you can phone the Registrar:

  • local: 604 775-2000
  • toll free (in B.C.): 1 888 440-8844
  • TTY: 604 775-2021

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