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Draft Prosecution Referral Policy

The Policy and Regulation Development Bureau is seeking your comments on the attached consultation package on a Draft Prosecution Referral Policy (PDF 80kb).

Section 213(1) of the Workers Compensation Act provides that it is an offence to contravene Part 3 (Occupational Health and Safety) of the Act, the occupational health and safety regulations or an order under Part 3 of the Act or the regulations. This provision covers all workplace parties, including employers, workers, supervisors, prime contractors, owners, suppliers, and directors and officers of corporations. A person who commits an offence may be prosecuted.

The Board refers some cases involving OHS violations to Crown Counsel for consideration of a prosecution. However, it is Crown Counsel who decides whether to commence the prosecution and conducts the proceedings.

The Board has been asked by stakeholders to document in a policy the factors it considers in deciding whether to make a referral to Crown Counsel and the process by which the referral decision is made. The attached consultation package has been developed in response to that request.

Draft Prosecution Referral Policy (PDF 80kb)

We would appreciate receiving your feedback by August 15, 2001.

Please note that all comments will become part of the Bureau's public consultation database and may be published, including the identity of organizations and those participating on behalf of organizations. The identity of those participating on their own behalf will be kept confidential according to the provisions of the Freedom of Information and Protection of Privacy Act.

Please fax, mail or e-mail your response to:

Heather Greene, Policy Director
Policy and Regulation Development Bureau
PO Box 5350 Stn Terminal
Vancouver BC V6B 5L5
Tel: (604) 276-5160
Fax: (604) 279-7599
E-mail: hgreene@wcb.bc.ca

Thank you for your assistance. Once the Panel of Administrators has made a decision on this issue, it will be posted on this website.

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