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B.C. Reg. 49/2012
M73/2012
Deposited March 21, 2012
effective September 1, 2012
This consolidation is current to October 12, 2021.

Labour Relations Code

Prescribed Time Periods
For Decisions Regulation

Definitions

1   In this regulation:

"Code" means the Labour Relations Code;

"time period" means a time period prescribed under section 2;

"time period extension plan", in respect of a complaint or application, means a plan setting out the following:

(a) the steps to be taken in the complaint or application;

(b) a timetable for the steps to be taken, including the date a final decision on the complaint or application is expected to be rendered.

Prescribed time period for board decisions

2   For the purposes of section 128 (1) (a) of the Code, the prescribed time period for rendering a final decision on a complaint or application is as follows:

(a) in the case of a complaint or application received, and considered to be complete, by the board before the effective date of this regulation, 180 days from the effective date;

(b) in the case of a complaint or application received, and considered to be complete, by the board on or after the effective date of this regulation, 180 days from the date the completed complaint or application is received by the board.

Extension of time period

3   (1) For the purposes of section 128 (2) (a) of the Code, the chair may extend a time period for a specific case in the circumstances described in subsection (2) or (3) of this section.

(2) The chair may extend a time period, before the time period expires, on the request of a party to the complaint or application or at the chair's own initiative,

(a) in order to allow

(i) the board to deal at the same time with the complaint or application and matters related to that complaint or application, or

(ii) the board, including a panel to which the complaint or application has not been assigned, or a court to first decide matters related to the complaint or application that are before the board or court, as the case may be, or

(b) if the parties to the complaint or application agree to an extension of the time period while collective bargaining or settlement discussions take place.

(3) The chair may extend a time period after the time period expires if

(a) a time period extension plan is submitted to the chair

(i) by the panel assigned, before the date the time period expires, to the complaint or application, within a reasonable time after the time period expires, or

(ii) by a panel assigned, on or after the date the time period expires, to the complaint or application, within a reasonable time after the complaint or application is assigned to the panel, and

(b) the chair approves the time period extension plan.

[Provisions relevant to the enactment of this regulation: Labour Relations Code, R.S.B.C. 1996, c. 244, sections 128 and 159.1]