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Collecting Assessments in the Fishing Industry
THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA
RESOLUTION OF THE PANEL OF ADMINISTRATORS
Re: Collecting Assessments in the Fishing Industry
WHEREAS:
Pursuant to Section 82 of the Workers Compensation Act, RSBC 1996, Chapter 492 and amendments thereto (the "Act") the Panel of Administrators (the "Panel") must approve and superintend the policies and direction of the Workers’ Compensation Board (the "Board"), including policies respecting compensation, assessment, rehabilitation and occupational safety and health, and must;
82(a)(ii) review and approve the operating policies of the Board;
82(a)(iv) develop policies to ensure adequate funding of the accident fund;
82(a)(vi) plan for the future of the Board;
AND WHEREAS:
Section 4 of the Act authorizes the Lieutenant Governor in Council to make regulations to allow the Board to collect assessments from commercial fish buyers, other commercial recipients of fish, and any person engaged in the Province in transmitting payments to commercial fishers;
AND WHEREAS:
Section 15 of B.C. Reg. 674/76, Fishing Industry Regulations provides authority for the Board to amend, or add to the Regulations;
THE PANEL OF ADMINISTRATORS RESOLVES THAT:
- Pursuant to Section 15 of the Fishing Industry Regulations, Section 5 of the Regulations be amended as set out in Appendix I to this resolution, and the amended Regulation be deposited with the Registrar of Regulations in such form as may be required by the Registrar.
- After the amendment to the Fishing Industry Regulations have been deposited with the Registrar of Regulations, the Policy and Regulation Development Bureau will, submit to the Panel for consideration, amendments to Assessment Policy No. 40:20:10 that reflect the wording and authority provided by the Act and the Regulations, as well as incorporate the factors set out in Appendix II to this resolution.
- Pursuant to Section 76 of the Act, the above amendment to Section 5 of the Fishing Industry Regulations shall be effective 90 days after its deposit with the Registrar of Regulations.
- This resolution constitutes a policy decision of the Panel of Administrators.
DATED at Richmond, British Columbia, October 18, 2000
| By the Workers' Compensation Board |
|
| MAUREEN NICHOLLS, CHAIR PANEL OF ADMINISTRATORS |
APPENDIX I
AMENDMENTS TO THE FISHING INDUSTRY REGULATIONS
The Fishing Industry Regulations (B.C. Reg. 674/76) are amended in section 5 by:
(a) adding the following after subsection (1):
"(2) The provisions of Part 1 relating to employers apply to a person engaged in transmitting payments to commercial fishers as if the person is engaged in the fishing industry and that person is deemed to be the employer of any persons or organizations other than commercial buyers or commercial recipients who contributed in any manner to the catching or landing of the fish bought, obtained or paid for through or by that person and in respect of which assessments are not otherwise paid."
and
(b) renumbering subsection (2) as subsection (3)
APPENDIX II
FACTORS TO CONSIDER WHEN DETERMINING WHO SHOULD REMIT ASSESSMENTS IN THE FISHING INDUSTRY
In determining who should remit assessments on fish purchases, the Board shall consider:
(a) whether collecting assessments from the participant is within the authority of the Act; (b) whether the person makes the economic decision to sell fish to persons or organizations other than registered BC commercial buyers; (c) whether the person has control to act upon the economic decision on where to sell the fish; (d) whether it is practical or operationally feasible for the Board to collect the assessments; and (e) any additional factor that is consistent with the Act, Regulations and Board policy.