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Volume 64, No. 6

89/2021

The British Columbia Gazette,

Part II

March 23, 2021

B.C. Reg. 89/2021 , deposited March 22, 2021, under the WORKERS COMPENSATION ACT [sections 109, 140 and 315], the EMERGENCY INTERVENTION DISCLOSURE ACT [section 14] and the EMPLOYMENT STANDARDS ACT [section 127]. Order in Council 174/2021, approved and ordered March 22, 2021.

On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and consent of the Executive Council, orders that

(

a) the regulations under the Workers Compensation Act listed in the attached

Schedule 1 are amended as set out in that Schedule, and

(

b) the regulations under other Acts listed in the attached

Schedule 2 are amended as set out in that Schedule.

— H. BAINS, Minister of Labour ; B. RALSTON, Presiding Member of the Executive Council .

Schedule 1

Amendments to Regulations Under the Workers Compensation Act

Firefighters' Occupational Disease Regulation

Section 2 of the Firefighters' Occupational Disease Regulation, B.C. Reg. 125/2009, is repealed and the following substituted:

Prescribed occupational diseases

2 Each of the following is prescribed as an occupational disease for the purposes of

section 140 (1) (b) [firefighters: presumptions respecting lung cancer and other diseases] of the Act:

(

a) primary leukemia;

(

b) primary non-Hodgkin's lymphoma;

(

c) primary site bladder cancer;

(

d) primary site brain cancer;

(

e) primary site colorectal cancer;

(

f) primary site kidney cancer;

(

g) primary site testicular cancer;

(

h) primary site ureter cancer;

(

i) primary site esophageal cancer;

(

j) primary site breast cancer;

(

k) primary site prostate cancer;

(

l) multiple myeloma.

Section 3 is amended by striking out "

section 6.1 (3) (a) " and substituting "

section 140 (2) (a) ".

Section 4 is amended

(

a) by striking out " 6.1 (3.1) (a) " and substituting "

section 140 (3) (a) ", and

(

b) by striking out "

section 6.1 (3.1) (b) " and substituting "

section 140 (3) (b) ".

Mental Disorder Presumption Regulation

Section 1 (1) and (2) of the Mental Disorder Presumption Regulation, B.C. Reg. 136/2018, is amended by striking out "

section 5.1 (4) " and substituting "

section 135 (5) ".

Time Period for Review Regulation

Section 2 of the Time Period for Review Regulation, B.C. Reg. 164/2015, is repealed and the following substituted:

Prescribed time period

2 For the purposes of

section 270 (1) (b) [shorter time period for requesting review] of the Act, the time period to file a request for a review of any of the following is 45 days:

(

a) a Board decision or order referred to in

section 268 (1) (a) [decision or order respecting an occupational health or safety matter] of the Act;

(

b) a Board decision referred to in

section 268 (1) (c) (iii) (A) [decision respecting levy of contribution from specific employer] of the Act.

Workers Compensation Act Appeal Regulation

Section 1 of the Workers Compensation Act Appeal Regulation, B.C. Reg. 321/2002, is amended

(

a) by repealing the definition of "Act" and substituting the following:

"Act" means the Workers Compensation Act . , and

(

b) by repealing the definition of "appeal tribunal" .

Section 3 is amended by striking out "

section 232 (8) " and substituting "

section 278 (7) [appeal tribunal – oath of office] ".

Section 4 is repealed and the following substituted:

Decisions that are not appealable

4 For the purposes of

section 288 (2) (a) [review decisions that may be appealed] of the Act, the following are classes of decisions that may not be appealed to the appeal tribunal:

(

a) decisions made under

section 270 (2) [extension of time to make request for review] , 271 (2) [deemed employer for purpose of review] or 272 (2) to (5) or (8) [conduct of review] of the Act;

(

b) orders by the chief review officer under

section 270 (3) [review request operating to stay or suspend decision or order] of the Act;

(

c) decisions about whether to refer a decision back to the Board under

section 272 (9) (

b) of the Act;

(

d) decisions about the conduct of a review if the review is in respect of any matter that is not appealable to the appeal tribunal under

section 288 (2) (

b) to (

e) of the Act;

(

e) decisions applying time periods specified by the Board under

section 338 [Board practices and procedures] of the Act.

Section 5 is repealed and the following substituted:

Health professionals

5 For the purposes of the definition of "health professional" in

section 277 of the Act, the following qualifications are prescribed:

(

a) registration as a member of the College of Dental Surgeons of British Columbia continued under the Health Professions Act ;

(

b) entitlement to practise dentistry under the laws of another province;

(

c) registration as a member of the College of Psychologists of British Columbia established under the Health Professions Act ;

(

d) entitlement to practise as a psychologist under the laws of another province.

Section 6 is amended by striking out "

Part 4 " and substituting "

Part 7 ".

Section 7 (1) is amended

(

a) by striking out "

Part 4 " and substituting "

Part 7 ", and

(

b) in paragraph (

c) by striking out "

section 249 (8) " and substituting "

section 302 (3) [health professional assistance in specific cases] ".

Schedule 2

Amendments to Regulations Under Other Acts

Emergency Intervention Disclosure Regulation

Section 11 (1) (

a) of the Emergency Intervention Disclosure Regulation, B.C. Reg. 33/2013, is repealed and the following substituted:

(

a) to the Workers' Compensation Board for the purposes of

section 144 [communicable disease: presumption in relation to testing order] of the Workers Compensation Act ; .

Employment Standards Regulation

Section 7 (f) (

i) and (ii) of the Employment Standards Regulation, B.C. Reg. 396/95, is repealed and the following substituted:

(

i) issued an order under

section 84 [general authority to make orders] of the Workers Compensation Act to comply with

section 21 [general duties of employers] of that Act or

section 4.1 [safe workplace] or 4.3 [safe machinery and equipment] or

Part 17 [Transportation of Workers] of the Occupational Health and Safety Regulation;

(ii) imposed an administrative penalty in the circumstances described by

section 95 (1) [administrative penalties – higher maximum amount] of the Workers Compensation Act with respect to a contravention of

section 21 of that Act or

section 4.1 or 4.3 or

Part 17 of the Occupational Health and Safety Regulation.

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