Difference between revisions of "Governing Legislation, Policy and Guidelines(7:II)"

The ''Workers Compensation Act'' '''[WCA]''' is the legislation which creates and governs the Board. In 2002 and 2003, the WCA was substantially amended and the key transition date is '''June 30, 2002'''. Workers who were injured before or on June 30, 2002 (with a few exceptions), have the former WCA apply to their claims whereas workers who were injured after this date are under the amended or “new” WCA.

The new WCA revised sections 99 and 250 of the Act to make Board policy binding on all Board decision-makers and appeal bodies (i.e. Review Division and WCAT). The courts have since determined that the effect of these provisions is to give Board policy a legal status equivalent to subordinate legislation (see below).

The WCA amendments also changed the appeal structure for Board decisions. Since March 1, 2003, there are two levels of appeal for most Board decisions:

In 2004, the ''Administrative Tribunals Act'', '''SBC 2004''', '''c 45 [ATA]''' came into effect. The ATA applies to all administrative tribunals in B.C., including WCAT. The ATA sets out certain procedural requirements for WCAT and also sets a 60 day time limit for filing a judicial review from a WCAT decision. The ATA does not apply to Claim or Review Division decisions.

Citations for the WCA, key amendments and other relevant legislation are attached in the Appendix. All legislation and Board policies are available on the [http://www.worksafebc.com Board website]. Applicable ATA provisions and their effect on WCAT procedures are also incorporated in WCAT’s '''Manual of Rules, Policy and Procedures''' [MRPP], available on the [http://www.wcat.bc.ca WCAT website].