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Volume 63, No. 12

160/2020

The British Columbia Gazette,

Part II

June 30, 2020

B.C. Reg. 160/2020 , deposited June 29, 2020, under the ARBITRATION ACT [sections 2, 67, 69 and 82]. Order in Council 365/2020, approved and ordered June 29, 2020.

On the recommendation of the undersigned, the Lieutenant Governor, by and with

the advice and consent of the Executive Council, orders that, effective September 1, 2020,

(

a) sections 1 to 80 of the Arbitration Act , S.B.C. 2020, c. 2, are brought into force,

(

b) the Arbitration Act Application Regulation, B.C. Reg. 96/2019, is repealed,

and

(

c) the attached Arbitration Regulation is made.

— D. EBY, Attorney General ; C. JAMES, Presiding Member of the Executive Council .

ARBITRATION REGULATION

Contents

Definitions

Designated appointing authority

Prescribed agreements

Exceptions in relation to prescribed agreements

Definitions

1 In this regulation:

"Act" means the Arbitration Act ;

"AIT" means the Agreement on International Trade entered into by the governments of Canada,

the provinces, Yukon and the Northwest Territories and includes amendments to the

agreement;

"BPM" means Division C of the BPMA;

"BPMA" means the Agreement Among the Parties to the New West Partnership Establishing the

Bid Protest Mechanism entered into by the governments of Alberta, British Columbia,

Manitoba and Saskatchewan, effective January 1, 2019, and includes amendments to the

agreement;

"CETA" means the Canada-European Union Comprehensive Economic and Trade Agreement entered

"CFTA" means the Canadian Free Trade Agreement entered into by the governments of Canada,

the provinces, Yukon, the Northwest Territories and Nunavut and includes amendments

to the agreement;

"CPTPP" means the Comprehensive and Progressive Agreement for Trans-Pacific Partnership entered

"GPA" means the World Trade Organization Agreement on Government Procurement entered into

Procurement, done at Geneva on March 30, 2012, and amendments to those agreements;

"NWPTA" means the New West Partnership Trade Agreement entered into by the governments of

British Columbia, Alberta and Saskatchewan on April 30, 2010, and by the government

of Manitoba on December 16, 2016, and includes amendments to the agreement;

"TILMA" means the Trade, Investment and Labour Mobility Agreement entered into by the governments

of British Columbia and Alberta and includes amendments to the agreement.

Designated appointing authority

2 The Vancouver International Arbitration Centre is designated to act as the designated

appointing authority under the Act.

Prescribed agreements

3 For the purposes of

section 2 (5) (c) [agreements the Act does not apply to] of the Act, the following agreements are prescribed:

(

a) the AIT;

(

b) the BPMA;

(

c) the CFTA;

(

d) the NWPTA;

(

e) the TILMA.

Exceptions in relation to prescribed agreements

(1) For the purposes of

Article 8 (3) of Division A of the BPMA and

Article 41 of

the NWPTA as that agreement read at the beginning of the day on December 31, 2018,

section 58 (1) (

c) and (

f) to (i) [application for setting aside arbitral awards] of the Act applies to an arbiter's final report issued under

Article 38 (5) of the

NWPTA, as that agreement read at the beginning of the day on December 31, 2018.

(2) For the purposes of

Article 9 of the BPM as it relates to a specific procurement

covered by any one of the CETA, CFTA, CPTPP, GPA or NWPTA,

section 58 (1) (

c) and (

f) to (

i) of the Act applies to an arbiter's report issued under

Article 5 (5) of the

BPM.

(3) For the purposes of

Article 31 of the NWPTA as that

Article applies to the

BPMA,

section 58 (1) (

c) and (

f) to (

i) of the Act applies to

(

a) a panel report considered final under

Article 27 (16) or (17) of the NWPTA,

(

b) a compliance report issued under

Article 29 (6) of the NWPTA.

(4) For the purposes of

Article 31 of the NWPTA,

section 58 (1) (

c) and (

f) to (

i) of the Act applies to

(

a) a panel report considered final under

Article 27 (16) or (17) of the NWPTA,

(

b) a compliance report issued under

Article 29 (6) of the NWPTA.

(5) For the purposes of

Article 31 of the TILMA,

section 58 (1) (

c) and (

f) to (

i) of the Act applies to a compliance report that has awarded a monetary award under

Article 29 (7).

(6) Section 70 [transition] of the Act applies for the purposes of this section.

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