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Guidelines Workers Compensation Act
Guidelines Workers Compensation Act Part 3 Division 15
G-D15-214 Prosecutions: Board's practices for providing approval to lay an information in respect of an offence
Issued September 28, 2005
Regulatory excerpt
Section 214 of the Workers Compensation Act ("Act") states:
(1) The time limit for laying an information in respect of an offence is 2 years after the last occurrence of the act or omission on which the prosecution is based.
(2) An information in respect of an offence may only be laid with the approval of the Board.
Purpose of guideline
The purpose of this guideline is to describe the Board's practices related to providing approval to lay an information in respect of an offence, under section 214(2) of the Act.
Background
All prosecutions are conducted by Crown Counsel, pursuant to the provincial Crown Counsel Act. The Board acts as a referring agency only. Prosecutorial activity is undertaken only rarely and in the most egregious cases, in part because administrative penalties can equal or exceed penalties available pursuant to public prosecutions, and can be imposed in a more timely and efficient manner.
How files are selected to be considered for referral to the Crown
All occupational health and safety enforcement proceedings such as administrative penalties, prosecutions and claims cost levies are initiated through the Investigations Division with the assistance of the Division's legal personnel. Where the circumstances of a violation suggest a prosecution may be warranted, the file is referred to the Director of Investigations for consideration. The Director of Investigations determines whether the case warrants referral to the Crown.
Forwarding a file to the Crown
Approval of the Board under section 214(2) is indicated by a letter from the President referring a file to the Crown advising of the Board's approval to lay a specified charge.
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Disclaimer: The Worker and Employer Services Division issues Guidelines to help with the application and interpretation of sections of the Occupational Health and Safety Regulation and with divisions of the Workers Compensation Act that relate to health and safety. Guidelines are not intended to provide exclusive interpretations but to assist with compliance. WorkSafeBC ("Workers' Compensation Board of B.C.") does not warrant the accuracy or the completeness of the online version of the Guidelines and neither WorkSafeBC nor its board of directors, employees or agents shall be liable to any persons for any loss or damage of any nature, whether arising out of negligence or otherwise, which may be occasioned as a result of the use of the online version of the Guidelines.