Consent Orders – Procedure for Disability Appeals

A consent order is an SBT order based on the agreement of the parties. The SBT's jurisdiction to issue a consent order is set out in section 4.1 of the Statutory Powers Procedure Act, which states the following:

If the parties consent, a proceeding may be disposed of by a decision of the Tribunal given without a hearing, unless another Act or a regulation that applies to the proceeding provides otherwise.

The SBT's Rule 9A.1 describes how to request a consent order.

The SBT will not consider a request for a consent order unless the appellant and a representative for the respondent (counsel or case presenting officer (CPO)) are present at the hearing. Both parties must agree to request a consent order.

A consent order may be requested at two times on the hearing day:

  1. Before Beginning to Hear Appellant's Evidence

    Before the hearing begins the counsel/CPO decides that further consultation with the Disability Adjudication Unit Office (DAU Office) about whether the appellant is a person with a disability is required and whether to consider settling the appeal. Counsel/CPO asks that the hearing be stood down (adjourned briefly) for this purpose. The member will ordinarily grant this request.

  2. During or After Appellant's Evidence

    After counsel/CPO has heard some or all of the appellant's evidence, counsel/CPO decides it is necessary to consult with the DAU Office about whether the appellant is person with a disability and whether to consider settling the appeal. Counsel/CPO asks that the hearing be stood down for this purpose. Unless there are exceptional circumstances, the member will grant this request.

If the Parties Do Not Agree

The member will complete the hearing and make a decision. Discussions about a possible settlement are confidential. The parties may not rely on or refer to any information shared in those discussions during the hearing or in any other written or oral submissions to the SBT.

Consultation with the Disability Adjudication Unit

To ensure no delay of the hearing, a DAU duty adjudicator will be available on hearing days to consult with counsel/CPO and provide direction on how to proceed with the appeal.

If counsel/CPO receives new directions after consulting with the DAU adjudicator, they will be discussed with the appellant and/or their representative.

Possible Outcomes Following Consultation and Discussion:

  1. Agreement:

    Parties agree that the appellant is a person with a disability.

    Request a consent order.

    1. The parties complete the Confirmation of Settlement and Request for Consent Order (CoS).
    2. The member reviews the CoS with the parties to satisfy him/herself that parties fully understand the terms of their agreement.
    3. Where an interpreter is present, the member will confirm that the CoS has been interpreted to the appellant and the interpreter will confirm the appellant understood the interpretation.
    4. The member signs the consent order. It is then sent to the parties.

    A consent order is a final determination of the appeal. The SBT's file will be closed and the SBT's record will indicate "Appeal disposed of by consent order".

  2. No Agreement:

    The hearing proceeds and the member issues a decision.

Effective as of January 1, 2018