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B.C. Reg. 322/2002
O.C. 1040/2002
Deposited November 29, 2002
effective March 3, 2003
This consolidation is current to December 10, 2019.

Workers Compensation Amendment Act (No. 2), 2002

Transitional Review and Appeal Regulation

Contents
1Definitions
2Unexercised rights

Definitions

1   In this regulation:

"Act" means the Workers Compensation Act;

"amendment Act" means the Workers Compensation Amendment Act (No. 2), 2002;

"appeal division" means the appeal division, as defined in section 79 of the Act, immediately before that definition was repealed by the amendment Act;

"review board" means the review board, as defined in section 1 of the Act, immediately before that definition was repealed by the amendment Act;

"transition date" means the date section 232 (1) of the Act, as enacted by the amendment Act, comes into force.

Unexercised rights

2   (1) If, before the transition date,

(a) a person has not exercised a right under the Act to appeal a decision of the Board to the review board, and

(b) the time period within which the person must exercise that right has expired,

the person may apply to the chief review officer under section 96.2 (4) of the Act, as enacted by the amendment Act, to extend the time to request a review under that section and the chief review officer may extend the time to file the request for review under that section.

(2) If, before the transition date,

(a) a person has not exercised a right under the Act to appeal

(i) a decision of the Board to the appeal division, or

(ii) a finding of the review board to the appeal division, and

(b) the time period within which the person must exercise that right has expired,

the person may apply to the chair under section 243 (3) of the Act, as enacted by the amendment Act, to extend the time to file a notice of appeal under that section and the chair may extend the time to file the notice of appeal under that section.

(3) A person who is granted an extension of time to file a request for review or a notice of appeal under subsection (1) or (2) may request a review or appeal the decision or finding, as the case may be, within the extended period.

[Provisions of the Workers Compensation Amendment Act (No. 2), 2002, S.B.C. 2002, c. 66, relevant to the enactment of this regulation: section 44]