What is the effect of retroactivity of the Compensation Fairness Act?
British Columbia, Canada
The following excerpt is from TNL Paving Ltd. v. B.C.(Attorney General of), 1998 CanLII 4504 (BC SC):
Macdonell J. held in Central Okanagan Teachers' Association v. Compensation Fairness Commissioner (1991), 56 B.C.L.R. (2d) 26 at p.35, with respect to the retroactivity of the Compensation Fairness Act: ... To be retrospective, the legislation would have to interfere with vested rights acquired before January 30, 1991. ... I am satisfied that, at bar, insofar as the minimum rates in existence at the time the tender was accepted, the petitioners had no vested legal rights.
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