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"Point in Time" Regulation Content

Workers Compensation Act

Workers Compensation Appeal Tribunal Compensation Regulation

B.C. Reg. 359/2002

 Note: This regulation has been placed in the Regulations Point in Time collection. This regulation is not repealed.

B.C. Reg. 359/2002
M364/2002
Deposited December 13, 2002
effective March 3, 2003

Workers Compensation Act

Workers Compensation Appeal Tribunal Compensation Regulation

Definitions

1   In this regulation:

"Act" means the Workers Compensation Act;

"appeal commissioner" means an appeal commissioner of the appeal division;

"appeal division" means the appeal division established under section 85 of the Act, before the repeal of section 85 by the Workers Compensation Amendment Act, (No. 2), 2002;

"appeal tribunal" means the appeal tribunal established under section 232 of the Act;

"extraordinary member" means a person appointed as an extraordinary member under section 232 (2) (c) of the Act;

"full vice chair" means a vice chair who

(a) has a total of 2 years or more experience, acting in one or any combination of the following positions:

(i) a vice chair of the review board;

(ii) an appeal commissioner of the appeal division;

(iii) a vice chair of the appeal tribunal, or

(b) has experience that is comparable to that described in paragraph (a);

"non-representational appeal commissioner" means an appeal commissioner who was appointed as a non-representational appeal commissioner in accordance with Decision Number 2 of the Board of Governors of the Workers Compensation Board, dated April 8, 1991;

"review board" means the Workers Compensation Review Board continued under section 89 of the Act before the repeal of that section by the Workers Compensation Amendment Act, (No. 2), 2002;

"senior vice chair (chief operating officer)" means a vice chair who has additional duties supervising staff and managing administrative matters, appeal tribunal operations and operating practice;

"senior vice chair (registrar)" means a vice chair who has additional duties supervising staff and managing the flow of matters before the appeal tribunal and the allocation of matters to one or more vice chairs;

"senior vice chair (tribunal counsel)" means a vice chair who has additional duties supervising staff and managing appeal tribunal adjudicative practice, complaints, reconsiderations and judicial reviews;

"specialized vice chair" means a vice chair who has additional duties managing the efficiency and effectiveness of decision making of the appeal tribunal, including doing one or more of the following as a team leader, vice chair (inventory strategist) or vice chair (quality assurance):

(a) mentoring appeal tribunal members;

(b) developing strategies to aid the appeal tribunal in managing its workload;

(c) monitoring the quality of decisions against criteria established in appeal tribunal practices and recommending ways to enhance quality decision-making.

Compensation for members — general

2   (1) Subject to section 5 and subsection (2) of this section, a vice chair who does not have the experience of a full vice chair must be paid

(a) $80 467 per year, if paid an annual salary, or

(b) $380 per day if paid a per diem rate.

(2) Subject to section 5, on and after March 1, 2005, a vice chair who does not have the experience of a full vice chair must be paid

(a) $83 063 per year, if paid an annual salary, or

(b) $390 per day if paid a per diem rate.

(3) Subject to sections 4 and 5 and subsection (4) of this section, an extraordinary member and a full vice chair must be paid

(a) $85 500 per year, if paid an annual salary, or

(b) $400 per day, if paid a per diem rate.

(4) Subject to sections 4 and 5, on and after March 1, 2005, an extraordinary member and a full vice chair must be paid

(a) $90 700 per year, if paid an annual salary, or

(b) $425 per day, if paid a per diem rate.

Compensation for senior vice chairs

3   (1) Subject to subsection (2), the senior vice chair (registrar) must be paid $112 000 per year.

(2) On and after March 1, 2004, the senior vice chair (registrar) must be paid $117 096 per year.

(3) The senior vice chair (chief operating officer) and senior vice chair (tribunal counsel) must be paid $117 096 per year.

Additional compensation for additional duties

4   A specialized vice chair must be paid

(a) an additional $5 000 per year for each year that the vice chair is a specialized vice chair, or

(b) a portion of $5 000 that is equivalent to the portion of the year that the vice chair is a specialized vice chair.

No reduction in compensation

5   If on or before February 28, 2003 a vice chair

(a) earned $94 781 or more per year or $442 or more per day as an appeal commissioner, and

(b) had acted for more than one year as a non-representational appeal commissioner or as an independent decision maker in another province in a position comparable to a non-representational appeal commissioner,

the vice chair may not be paid less than $94 781 per year if paid an annual salary, or less than $442 per day if paid a per diem rate.

Compensation of chair of appeal tribunal

6   The chair of the appeal tribunal must be paid

(a) on or after March 3, 2003, $140 000 per year, and

(b) on or after March 1, 2004, $155 000 per year.

[Provisions of the Workers Compensation Act, R.S.B.C. 1996, c. 492, relevant to the enactment of this regulation: section 236 (2)]