Interpretation

1   In this regulation:

"Act" means the Workers Compensation Act.

[am. B.C. Reg. 89/2021, Sch. 1, s. 6.]

Requirements for appointment

2   The chair may appoint a person as a vice chair of the appeal tribunal only if the person demonstrates the following:

(a) a knowledge of the workers' compensation system;

(b) a knowledge of the principles and practice of administrative law;

(c) the capacity to apply the knowledge under paragraph (b) so as to be able to work effectively as a vice chair of the appeal tribunal;

(d) the ability to analyze relevant information;

(e) the ability to make difficult decisions within an established framework of law and policy, including good judgment and decisiveness;

(f) effective communication skills;

(g) the ability to work with others;

(h) the ability to work effectively;

(i) good character and proven integrity.

Oath of office

3   For the purposes of section 278 (7) [appeal tribunal — oath of office] of the Act, each member of the appeal tribunal must take an oath of office, by oath or solemn affirmation, before a Commissioner for Taking Affidavits in British Columbia, in the following form:

I, .................................................., swear (solemnly affirm) that I will faithfully, truly and impartially, to the best of my judgment, skill and ability, carry out my duties as a member of the Workers' Compensation Appeal Tribunal, I will conduct myself with integrity, and I will discharge my duties in accordance with the laws of the Province.

[am. B.C. Reg. 89/2021, Sch. 1, s. 7.]

Decisions that are not appealable

4   For the purposes of section 288 (2) (a) [review decisions that may be appealed] of the Act, the following are classes of decisions that may not be appealed to the appeal tribunal:

(a) decisions made under section 270 (2) [extension of time to make request for review], 271 (2) [deemed employer for purpose of review] or 272 (2) to (5) or (8) [conduct of review] of the Act;

(b) orders by the chief review officer under section 270 (3) [review request operating to stay or suspend decision or order] of the Act;

(c) decisions about whether to refer a decision back to the Board under section 272 (9) (b) of the Act;

(d) decisions about the conduct of a review if the review is in respect of any matter that is not appealable to the appeal tribunal under section 288 (2) (b) to (e) of the Act;

(e) decisions applying time periods specified by the Board under section 338 [Board practices and procedures] of the Act.

[en. B.C. Reg. 89/2021, Sch. 1, s. 8.]

Health professionals

5   For the purposes of the definition of "health professional" in section 277 of the Act, the following qualifications are prescribed:

(a) registration as a registrant of the British Columbia College of Oral Health Professionals and authorization to use the title "dentist", "dental surgeon", "surgeon", "doctor" or "dental therapist";

(b) entitlement to practise dentistry under the laws of another province;

(c) registration as a member of the College of Psychologists of British Columbia established under the Health Professions Act;

(d) entitlement to practise as a psychologist under the laws of another province.

[en. B.C. Reg. 89/2021, Sch. 1, s. 9; am. B.C. Reg. 208/2022, Sch. 10.]

Costs

6   The appeal tribunal may award costs related to an appeal under Part 7 of the Act to a party, payable by another party, only if the appeal tribunal determines that

(a) the other party caused costs to be incurred without reasonable cause, or caused costs to be wasted through delay, neglect or some other fault,

(b) the conduct of the other party has been vexatious, frivolous or abusive, or

(c) there are exceptional circumstances that make it unjust to deprive the successful party of costs.

[am. B.C. Regs. 37/2018; 89/2021, Sch. 1, s. 10.]

Expenses

7   (1) Subject to subsection (2), the appeal tribunal may order the Board to reimburse a party to an appeal under Part 7 of the Act for any of the following kinds of expenses incurred by that party:

(a) the expenses associated with attending an oral hearing or otherwise participating in a proceeding, if the party is required by the appeal tribunal to travel to the hearing or other proceeding;

(b) the expenses associated with obtaining or producing evidence submitted to the appeal tribunal;

(c) the expenses associated with attending an examination required under section 302 (3) [health professional assistance in specific cases] of the Act.

(2) The appeal tribunal may not order the Board to reimburse a party's expenses arising from a person representing the party or the attendance of a representative of the party at a hearing or other proceeding related to the appeal.

[am. B.C. Reg. 89/2021, Sch. 1, s. 11.]