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B.C. Reg. 321/2002
O.C. 1039/2002
Deposited November 29, 2002
effective March 3, 2003
This consolidation is current to November 12, 2019.
Link to consolidated regulation (PDF)
Link to Point in Time

Workers Compensation Act

Workers Compensation Act Appeal Regulation

[includes amendments up to B.C. Reg. 37/2018, March 7, 2018]

Contents
1Interpretation
2Requirements for appointment
3Oath of office
4Decisions that are not appealable
5Health professionals
6Costs
7Expenses

Interpretation

1   In this regulation:

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

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

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 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.

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.

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.]

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

(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. Reg. 37/2018.]

Expenses

7   (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:

(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 249 (8) 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.

[Provisions relevant to the enactment of this regulation: Workers Compensation Act, R.S.B.C. 1996, c. 492, s. 224]