Request for Reconsideration

• Why would you request a reconsideration?
• For what decisions can a request for reconsideration be made?
• What reasons would be considered for a reconsideration request?
• How would you request a reconsideration?
• Is there a cost to request a reconsideration?
• What information should the request for a reconsideration contain?
• Can new or additional information be submitted in the reconsideration request?
• Who will reconsider the decision?
• Will the same decision maker undertake the reconsideration?
• What will the director do with the request for reconsideration?

Case Management Conference

• What is the purpose of a case management conference?
• When would a case management conference be held?
• How is the conference conducted?

Hearing

• When will a hearing be held?
• What are parties required to submit for the hearing?
• How will the hearing be conducted?
• What is the hearing procedure?
• Freedom of Information and Protection of Privacy
• Special Needs

Final Decision

• What decisions can the director make with respect to the reconsideration?
• How are parties informed of a final decision?
• If the original decision is upheld, are there other ways for the decision to be reviewed?

Publishing Decisions on Reconsiderations

• Will Consumer Protection BC publish its decisions on reconsiderations?

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The Business Practices and Consumer Protection Act provides that the director of Consumer Protection BC may reconsider decisions made under the act and may confirm, vary or cancel them.

Request for Reconsideration:

Q.  Why would you request a reconsideration?

A.  If you disagree with a decision of the director of Consumer Protection BC, you may request a reconsideration. Requirements for reconsiderations are identified in the Business Practices and Consumer Protection Act (sections 180-182).

Q.  For what decisions can a request for reconsideration be made?

A.  A request for reconsideration may be made for determinations which include any decision, order or ruling in respect of a matter that relates to a compensation fund, a decision under section 146 of the Business Practices and Consumer Protection Act [actions by director respecting licence], a compliance order, a direct sales prohibition order, or a notice imposing an administrative penalty.

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Q.   What reasons would be considered for a reconsideration request?

A.  The reasons would be:

• An error that you believe was made;
• New evidence; or
• Other grounds.

Consumer Protection BC does not set out the grounds on which the director may reconsider the decision. The director uses his discretion to reconsider the decision, in keeping with the purpose of the authority to deliver consumer protection services throughout British Columbia and to promote fairness and understanding in the marketplace.

In exercising his discretion, the director may consider whether the person has raised questions of law, fact, principle or procedure that are significant enough to warrant the review because of the importance to the parties or to future decisions.

Possible reasons for a reconsideration:

• The grounds for the request disclose substantial reasons to justify a review;
• There was a procedural error on the part of the director when making the decision;
• There was an error in stating the facts;
• Additional evidence that pertains to the issue is made available after the decision;
• The director failed to comply with the principles of natural justice;
• The decision is not consistent with other decisions with similar facts; or
• The decision contains a serious clerical error.

A reconsideration will only be undertaken for exceptional circumstances. Dissatisfaction or disagreement with the decision does not qualify as reasonable grounds.

Q.  How would you request a reconsideration?

A.  The request must be made in writing to the director within 30 days of receiving the determination or written reasons for the determination or within the time period specified by the director.

Q.  Is there a cost to request a reconsideration?

A.  Yes, a fee of $200 will be charged. The fee will be refunded where the reconsideration results in a decision favourable to the person requesting the reconsideration.

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Q.  What information should the request for a reconsideration contain?

A.  The written request should contain:

• The name, address, telephone number of the person requesting the reconsideration; and where applicable, the fax number and email address;
• The decision for which the reconsideration is requested;
• The date the decision was received;
• The error that was made, new evidence or other grounds; and
• The reconsideration fee, payable by cheque or money order.

Q.  Can new or additional information be submitted in the reconsideration request?

A.  Yes, new information will be accepted for a decision, order or ruling related to a compensation fund, a compliance order, or an administrative penalty. The director will determine whether the new evidence is substantial and material to the determination. If the new evidence did not exist at the time of the review, or did exist at that time but was not discovered, the director will determine whether it could not have been discovered through the exercise of reasonable diligence.

Q.  Who will reconsider the decision?

A.  The CEO will determine to which senior manager the request for reconsideration may be delegated. The delegation may be to the Vice President, Operations; the Director of Enforcement; the Director of Corporate Services or the CEO himself may undertake the reconsideration. Factors the CEO may consider are who made the original decision maker, potential for bias, efficiency and timeliness.

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Q.  Will the same decision maker undertake the reconsideration?

A.  Although the legislation allows the same decision maker to make the reconsideration for a decision, order or ruling related to a compensation fund, a compliance order, or an administrative penalty, it is unlikely that the same decision maker will handle the reconsideration.

The director must delegate the reconsideration to one or more persons who did not make the decision under section 146 of the Business Practices and Consumer Protection Act [actions by director respecting licence] or a direct sales prohibition order.

Q.  What will the director do with the request for reconsideration?

A.  First, Consumer Protection BC will determine whether all preliminary filing requirements have been met, such as whether the request appears to have been filed within any time limits and if it appears to meet any other filing conditions or requirements. Consumer Protection BC will do this within 25 days after receiving the request.

The director will conduct a thorough review of the request. The director may determine that: 

• A reconsideration is not warranted and advise the requestor;
• There is a defect in the request for reconsideration and advise the requestor within 10 days;
• A reconsideration is warranted, but additional information is required. Consumer Protection BC will request that information and may take up to 30 additional days to complete the decision, subject to timely receipt of the additional information; or
• A reconsideration is warranted.

If the reconsideration is warranted, the director will determine if the request for a routine or a complex issue. For complex issues, the director may hold a case management conference. The director will hold a hearing for all requests that are warranted.

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Case Management Conference:

Q.  What is the purpose of a case management conference?

A.  The purpose of the case management conference is to:

• Define the issues;
• Permit a full understanding of the matters to be considered at the hearing;
• Confirm admissions of fact;
• Identify witnesses to be called and other evidence to be introduced at the hearing; and
• Expedite the hearing process.

Q.  When would a case management conference be held?

A.  Consumer Protection BC may choose to hold a case management conference for more complex requests where more information is required or where identification of issues and exchange of documents can be facilitated.

Consumer Protection BC may set a time and date for a case management conference within 25 days of acknowledging receipt of the request and give notice of the case management conference to the parties by telephone, fax, email or ordinary mail.

Depending on how many parties are involved or how complex the issues in a request are, additional case management conferences may be required, and will usually be set for within 30 days of the most recent case management conference.

Q.  How is the conference conducted?

A.  The case management conference may be in person, by telephone or in writing.

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Hearing:

Q.  When will a hearing be held?

A.  Consumer Protection BC will make its best efforts to set a date for hearing the reconsideration and issue notices of hearing within 50 days of the request being filed or within 15 days after the last case management conference.

Q.  What are parties required to submit for the hearing?

A.  Parties must submit summaries of the evidence and submissions prior to the hearing.

At least 20 days before the hearing, all parties are required to send to Consumer Protection BC and to any other parties (unless Consumer Protection BC sets different requirements for a reconsideration):

• A brief written statement of what the party intends to submit to Consumer Protection BC about the request;
• A list of the names of any persons the party may ask to give evidence;
• A brief written statement of what they expect that person will have to say about the request; and
• Copies of any documents they may be referring to at the hearing.

Q.  How will the hearing be conducted?

A.  Ultimately the hearing will be conducted at the discretion of the director. It may be any of the following:

• Oral hearing - in person or by telephone; or
• Written hearing.

It should be noted that the hearing is not a trial. The decision on how to conduct the hearing is at the discretion of the director. The hearing is also not a repeat of the previous opportunity to b heard; rather, it is a presentation of new evidence or a review of any errors made in the original hearing.

Consumer Protection BC will advise all parties of when, where and how the party can participate in the hearing at least 15 days before the hearing.

Parties may make submissions, present evidence, and call on other parties to give evidence. They may choose to be supported by an advocate. Hearings will not always be recorded by Consumer Protection BC. In the case that they are, there may be a charge for the cost of transcripts.

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Q.  What is the hearing procedure?

A.  Oral Hearing Procedure

Location of Oral Hearing - In-Person: In-person hearings will be held in Victoria or such other place that the director determines appropriate..

Presentation: In an oral hearing, the requestor will have the right to present evidence and make arguments in support of his/her case.

Witnesses: The requestor may call witnesses to give evidence before the director.

Proceeding in the Absence of a Party: If a party does not appear at an oral hearing, the director may proceed in the absence of the party if the party was notified of the hearing.

Recording: Hearings will not always be recorded by Consumer Protection BC. Taping of hearings by a party, advocate, agent, legal counsel or any other person attending is not permitted.

Oaths: Witnesses (including parties) are not required to give evidence under oath.

A.  Written Hearing Procedure

Presentation: In a written hearing, the requestor will have the right to present evidence and make arguments in support of her/his case.

Freedom of Information and Protection of Privacy:

The BPCPA is subject to the Freedom of Information and Protection of Privacy Act.

Special Needs:

Consumer Protection BC will make every attempt to accommodate the parties' needs as is reasonable in the circumstances.

Final Decision:

Q.  What decisions can the director make with respect to the reconsideration?

A.  The director may confirm, vary or cancel the determination. With respect to a decision, order or ruling related to a compensation fund, a compliance order, or an administrative penalty, the director vary or cancel a determination only if the director is satisfied that there is new evidence that is substantial and material to the determination, and did not exist at the time of the review or did exist at that time but was not discovered and could not have been discovered through the exercise of reasonable diligence.

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Q.  How are parties informed of a final decision?

A.  Consumer Protection BC will make its final decision in writing and give reasons for the decision within 30 days after the hearing is completed.

Notice of the decision will be sent to each party within 10 days of the decision being made, by ordinary mail, fax or email to the location, number, or address set out on the request or as the parties may advise.

Q.  If the original decision is upheld, are there other ways for the decision to be reviewed?

A.  For certainty, a decision made may not be reconsidered.

If the person is not satisfied with the outcome of a reconsideration request, that person may apply to the Supreme Court of British Columbia for a judicial review of the Reconsideration Decision pursuant to the Judicial Review Procedure Act . The request should be made within 60 days of the decision is issued, unless there are special circumstances.

Publishing Decisions on Reconsiderations:

Q.  Will the BPCPA publish its decisions on reconsiderations?

A.  Decisions on licences cancelled, suspended or denied will be published on the Consumer Protection BC website, as well as enforcement decisions , such as direct sales prohibition orders. Other decisions, such as Travel Assurance Fund reconsiderations, will not be made public.

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