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"Point in Time" Regulation Content

Workers Compensation Act

Workers Compensation Act Appeal Regulation

B.C. Reg. 321/2002

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 March 22, 2021
Section 3 March 22, 2021
Section 4 March 22, 2021
Section 5 March 22, 2021
Section 6 March 7, 2018
March 22, 2021
Section 7 March 22, 2021

 Section 1 definition of "Act" BEFORE amended by BC Reg 89/2021, effective March 22, 2021.

"Act" means the Workers Compensation Act, R.S.B.C. 1996, c. 492;

 Section 1 definition of "appeal tribunal" BEFORE repealed by BC Reg 89/2021, effective March 22, 2021.

"appeal tribunal" means the Workers' Compensation Appeal Tribunal established by the Act.

 Section 3 BEFORE amended by BC Reg 89/2021, effective March 22, 2021.

Oath of office

3   For the purposes of section 232 (8) 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.

 Section 4 BEFORE re-enacted by BC Reg 89/2021, effective March 22, 2021.

Decisions that are not appealable

4   For the purposes of section 239 (2) (a) of the Act, the following are classes of decisions that may not be appealed to the appeal tribunal:

(a) decisions applying time periods specified by the board under section 96 (8) of the Act;

(b) decisions made under section 96.2 (4), 96.2 (7), 96.4 (2) to (5) or 96.4 (7) of the Act;

(c) orders by the chief review officer under section 96.2 (5) of the Act;

(d) decisions about whether or not to refer a decision back to the board under section 96.4 (8) (b) of the Act;

(e) decisions respecting the conduct of a review if the review is in respect of any matter that is not appealable to the appeal tribunal under section 239 (2) (b) to (e) of the Act.

 Section 5 BEFORE re-enacted by BC Reg 89/2021, effective March 22, 2021.

Health professionals

5   The following are "health professionals", for the purposes of section 249 (1) of the Act:

(a) a person who is registered as a member of the College of Dental Surgeons of British Columbia continued under the Health Professions Act;

(b) a person who is entitled to practise dentistry under the laws of another province;

(c) a person who is registered as a member of the College of Psychologists of British Columbia established under the Health Professions Act;

(d) a person who is entitled to practise as a psychologist under the laws of another province.

[am. B.C. Reg. 421/2008, App. s. 10.]

 Section 6 BEFORE amended by BC Reg 37/2018, effective March 7, 2018.

Costs

6   The appeal tribunal may award costs related to an appeal under Part 4 of the Act to a party only if the appeal tribunal determines that

(a) another 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 another party has been vexatious, frivolous or abusive, or

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

 Section 6 (part) BEFORE amended by BC Reg 89/2021, effective March 22, 2021.

Costs

6   The appeal tribunal may award costs related to an appeal under Part 4 of the Act to a party, payable by another party, only if the appeal tribunal determines that

 Section 7 (1) (part) BEFORE amended by BC Reg 89/2021, effective March 22, 2021.

(1) Subject to subsection (2), the appeal tribunal may order the Board to reimburse a party to an appeal under Part 4 of the Act for any of the following kinds of expenses incurred by that party:

 Section 7 (1) (c) BEFORE amended by BC Reg 89/2021, effective March 22, 2021.

(c) the expenses associated with attending an examination required under section 249 (8) of the Act.