Section 1 definitions of "facilitator" and "neutral" BEFORE amended by BC Reg 98/2018, effective May 17, 2018.
"facilitator" means a facilitator as defined in section 848 of the Act;
"neutral" means a person appointed as a member of a peer panel under section 861 (1) of the Act or as a single arbitrator under section 861 (2) or (3) of the Act;
Section 2 (1) and (2) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.
(1) This regulation applies to all settlement processes conducted under section 861 of the Act.
(2) The Commercial Arbitration Act does not apply to a settlement process conducted under section 861 of the Act.
Section 3 (1) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.
(1) The proposing council and the regional district that refused to accept a regional context statement must agree on the settlement process option they wish to employ under section 861 of the Act no later than
(a) 84 days after a non-binding resolution process under section 859 of the Act is concluded without acceptance of the regional context statement, or
(b) 28 days after the minister gives a direction under section 859 (2) (b) of the Act that the regional context statement is to be settled under section 860 of the Act.
Section 4 (1) (b) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.
(b) the regional district that is eligible to select that person under section 861 of the Act, and
Section 4 (1) (part) and (2) (part) BEFORE amended by BC Reg 47/2021, effective February 26, 2021.
(1) Before a person may be selected as a neutral, a signed statement that he or she knows of no circumstances likely to give rise to justifiable doubts as to his or her independence or impartiality in the regional context statement under consideration must be provided by the person to
(2) If circumstances likely to give rise to justifiable doubts as to his or her independence or impartiality in the regional context statement under consideration arise after the selection, a neutral must immediately disclose these circumstances to
Section 5 (1) (part) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.
(1) No later than 28 days after the settlement process option has been determined, the proposing council and the regional district that refused to accept the regional context statement must select, as applicable, from the lists under section 862 (1) of the Act,
Section 8 (1) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.
(1) Part 2 applies to all peer panel settlement processes selected by the parties or directed by the minister under section 860 (3) of the Act.
Section 14 (1) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.
(1) In order to provide an opportunity to make a request for written reasons as permitted under section 861 of the Act, the peer panel must give the participating parties advance notice of its intent to retire to make its decision.
Section 15 (1) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.
(1) Unless the participating parties agree on a regional context statement during the settlement process or the minister extends the time period, the peer panel must settle the disputed issues of the regional context statement, including giving any written reasons requested under section 861 of the Act, within 70 days from the date the last peer panel member was selected.
Section 16 (1) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.
(1) Part 3 applies to all final proposal settlement processes selected by the parties or directed by the minister under section 860 (3) of the Act.
Section 19 (4) BEFORE amended by BC Reg 47/2021, effective February 26, 2021.
(4) Nothing in subsection (3) must be construed to limit, in any way, any settlement discussions which the participating parties may wish to carry on during the time period in which the arbitrator is considering his or her decision.
Section 20 (1) BEFORE amended by BC Reg 47/2021, effective February 26, 2021.
(1) Unless the participating parties agree on a regional context statement during the settlement process or the minister extends the time period, the arbitrator must settle the disputed issues of the regional context statement within 63 days of the date of his or her selection.
Section 21 (1) BEFORE amended by BC Reg 98/2018, effective May 17, 2018.
(1) Part 4 applies to all full arbitration settlement processes selected by the parties or directed by the minister under section 860 (3) of the Act.
Section 28 (1) (part) BEFORE amended by BC Reg 47/2021, effective February 26, 2021.
(1) The arbitrator must convene a preliminary meeting, in person or by conference call, with the participating parties within 21 days of his or her selection to
Section 36 (3) and (5) BEFORE amended by BC Reg 47/2021, effective February 26, 2021.
(3) Not later than 7 days after receiving the decision, a participating party may apply to the arbitrator for clarification of the provisions of the settled regional context statement, and the arbitrator may amend that part of his or her decision if the arbitrator considers that the amendment will clarify it.
(5) Subsection (3) does not apply to the reasons given by the arbitrator in making his or her decision on the provisions of the regional context statement.