Labour Relations Code, Section 135

The Act establishes practices and procedures for collective bargaining, labour relations disputes, and dispute resolution. The Labour Relations Board is authorized to make decisions and orders under the Code or a collective agreement.

• Nature of Interest: Board may file, on its own motion, and must file, on the request of any party, a copy of a decision or order in the Supreme Court.
• Effect of Filing: Order, once filed, is deemed for all purposes except an appeal from it to be an order of the court.
• Electronic Submissions: On the Form 17 Charge, Notation or Filing, select Nature of Interest, Judgment, and attach an image of the original Certificate of Judgment.

Crown Lien Taking Effect after Registration of Certificate of Pending Litigation in Foreclosure Proceedings or Forced Sale Proceedings

Under s. 30 of the Land Title Act, liens created by judgments in favour of the Labour Relations Board, even when registered after a certificate of pending litigation, may have priority over mortgages and certain other charges and rights registered before the judgment. See s. 135 of the Labour Relations Code. When one of the board’s liens may have priority over the claim of the holder of a certificate of pending litigation in a foreclosure action or court-ordered sale, and if the lien holder is not joined as a party, such liens will not be released automatically from title. The registrar issues a notice under s. 294.6(e) or 303(e) of the Land Title Act to the board advising it that its lien will be removed from title two weeks after the notification, thus giving the board time to assert its priority. If the applicant has joined the board, the registrar does not send a notice.

Selected Case Law

See:

• Parklane Private Hospital Ltd. v. British Columbia Government Employees’ Union, (1988), 88 C.L.L.C. 14,017 (S.C.), affirmed [1989] B.C.D. Civ. 906-02 (C.A.)
• Citation Industries Ltd. v. United Brotherhood of Carpenters and Joiners, 1988 CanLII 3131 (BC SC), reversed 1988 CanLII 3364 (BC CA)
• McBurney v. British Columbia (Employment Standards Branch of British Columbia), 1988 CanLII 3103 (BC CA)