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Volume 59, No. 2

19/2016

The British Columbia Gazette,

Part II

February 23, 2016

B.C. Reg. 19/2016 , deposited February 16, 2016, under the ENFORCEMENT OF CANADIAN JUDGMENTS AND DECREES ACT [section 10.1]. Order in Council 73/2016, approved and ordered February 15, 2016.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that the attached Domestic Trade Agreement Award Regulation is made.

— S. ANTON, Attorney General and Minister of Justice ; T. LAKE, Presiding Member of the Executive Council .

DOMESTIC TRADE AGREEMENT AWARD REGULATION

Definition

1 In this regulation, “Act” means the Enforcement of Canadian Judgments and Decrees Act .

Prescribed domestic trade agreement awards

2 For the purposes of paragraph (

d) of the definition of “domestic trade agreement award” in

section 1 (1) of the Act, the following are prescribed as domestic trade agreement awards:

(

a) an award for costs within the meaning of

Article 32 (1) of the NWPTA if

(

i) no judicial review has been requested in relation to that award under

Article 31 (1) of the NWPTA within the 15 day period referred to in that Article,

(ii) a judicial review has been requested in relation to that award under

Article 31 (1) of the NWPTA within the 15 day period referred to in that

Article and the judicial review court determines that the award should neither be set aside nor remitted to a NWPTA panel, or

(iii) a judicial review of that award has been requested under

Article 31 (1) of the NWPTA and the judicial review court remits the award to a NWPTA panel, the award of costs as confirmed or amended by that NWPTA panel;

(

b) a cost award within the meaning of

Article 38 (6) (

d) of the NWPTA if

(

i) no judicial review has been requested in relation to that award under

Article 41 (1) of the NWPTA within the 15 day period referred to in that Article,

(ii) a judicial review has been requested in relation to that award under

Article 41 (1) of the NWPTA within the 15 day period referred to in that

Article and the judicial review court determines that the award should neither be set aside nor remitted to the arbiter, or

(iii) a judicial review of that award has been requested under

Article 41 (1) of the NWPTA and the judicial review court remits the award to the arbiter, the cost award as confirmed or amended by that arbiter;

(

c) a recoupment award within the meaning of

Article 38 (6) (

d) of the NWPTA if

(

i) no judicial review has been requested in relation to that award under

Article 41 (1) of the NWPTA within the 15 day period referred to in that Article,

(ii) a judicial review has been requested in relation to that award under

Article 41 (1) of the NWPTA within the 15 day period referred to in that

Article and the judicial review court determines that the award should neither be set aside nor remitted to the arbiter, or

(iii) a judicial review of that award has been requested under

Article 41 (1) of the NWPTA and the judicial review court remits the award to the arbiter, the recoupment award as confirmed or amended by that arbiter.

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