WorkSafeBC

Note:  This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act.

Sections 224-230 establish the authority of the Lieutenant Governor in Council and the Board to make regulations and administrative requirements for regulations. The following are key points from these sections.

Section 224: Cabinet regulations (summary)

The Lieutenant Governor in Council may make regulations on matters such as:

- defining words or expressions used in Part 3 and establishing criteria that must be applied and procedures that must be followed in making decisions under Part 3 or the regulations;

- requiring a greater number for minimum membership of a joint committee and the circumstances when that greater number is required, and establishing additional functions and duties for joint committees;

- establishing a longer period of educational leave for joint committee members and worker health and safety representatives, and establishing assistance that must be provided to a joint committee by the employer in addition to existing requirements;

- prescribing classes of health professional and information that must be included in an occupational health and safety information summary;

- specifying provisions of the regulations of the Lieutenant Governor in Council under Part 3 for which a variance may be ordered;

- prescribing any decisions or orders under the Act or the regulations that may be appealed to the appeal tribunal and prescribing who may bring an appeal of such decisions or orders;

- respecting the awarding of costs by the appeal tribunal;

- prescribing the circumstances under which the appeal tribunal may order the Board to reimburse expenses incurred by a party to an appeal; and

- respecting any other matter for which regulations of the Lieutenant Governor in Council are contemplated by the Act.

Section 225: Board regulations (summary)

The Board may make regulations it considers necessary or advisable in relation to occupational health and safety and occupational environment on the following topics:

- standards and requirements for the protection of the health and safety of workers and other persons present at a workplace and for the well-being of workers in their occupational environment;

- specific components of the general duties of employers, workers, suppliers, supervisors, prime contractors and owners;

- written policies or programs prepared by the employer respecting occupational health and safety and occupational environment;

- the regulation or prohibition of the manufacture, supply, storage, handling or use of any tool, equipment, machine or device or the use of any workplace;

- standards and requirements for monitoring atmospheric or other workplace conditions or to demonstrate compliance with Part 3, the regulations or an applicable order or any other matter for which regulations to be made by the Board are contemplated under the Act;

- the restriction of performance of specified functions to persons possessing specified qualifications or experience, including establishing certification requirements and establishing or arranging certification and instructor training programs;

- the preparation, maintenance and submission of records respecting statistical data related to occupational health and safety or occupational environment;

- the form and manner of reporting on any matter required to be reported under Part 3 or the regulations;

- any other matter for which regulations to be made by the Board are contemplated under the Act.

Section 226: Notice and consultation before Board makes regulation (summary)

Before making a regulation, the Board must:

- give notice of the proposed regulation in the Gazette and in at least 3 newspapers, one of which one must be published in the City of Victoria and one in the City of Vancouver, and

- hold at least one public hearing on the proposed regulation.

The Board may also conduct additional consultations with representatives of employers, workers, and other persons the Board considers may be affected by the proposed regulation.

Section 227: When Board regulation comes into force (summary)

The regulation must specify the date on which it is to come into force, which must be at least 90 days after its deposit under the Regulations Act.

- the requirement for ongoing review of Board regulations,

- the authority of the minister to direct the Board to consider amendments, and

- the authority and application of regulations generally, including the ability of the Board to establish a regulation referencing a standard, code or rule.

For details, see Part 3, Division 17 of the Act.