As the community is
aware, the Government approved and ordered the Labour Relations Board Fees Regulation (the
"Regulation") on October 30, 2003, to be effective January 5, 2004. Click here to view the
Labour Relations Board Fees Regulation B.C. Reg. 395/2003.
Under the
Regulation applications and complaints (except those filed under Section 141) are subject
to a $100.00 fee. The initial replies from respondent(s) are subject to
a $50.00 fee. The applicant's final reply,
and any subsequent submissions directed by the Labour Relations Board are not subject to a
fee.
Reconsideration
applications under Section 141 are subject to a $200.00 fee. The initial replies from the respondents are
subject to a $100.00 fee. The applicant's
final reply and any further submissions directed by the Board are not subject to a fee.
All Labour
Relations Board forms will be amended effective January 5, 2004 to include a section
regarding the payment of the application/complaint fee.
Payment can be made by credit card, cheque, debit card, or by charging to a
pre-approved account. The method of payment
must be noted on the Labour Relations Board form.
If payment is
made by a credit card, the credit card information will be deleted from the application
form before any distribution of the form to interested parties.
Applications
and replies that are filed without the use of a specific Labour Relations Board form are
subject to the same fee schedule. The
application and reply must specify the method of payment, which must be one of those
listed above.
On request,
the Labour Relations Board will establish pre-approved accounts for parties that appear
before the Labour Relations Board frequently. The
Labour Relations Board will invoice those parties on a monthly basis, setting out the
Labour Relations Board case numbers for which fee payment is applicable. Any entity that is interested in establishing a
pre-approved account should contact Ms. Deb Alton at
Information@lrb.bc.ca, or in writing at the Labour
Relations Board, 6th Floor, 1066 West Hastings Street, Vancouver, B.C. V6E 3X1.
As the
community is aware, certification and decertification applications are scheduled to be
heard on specific days of the week. Certification
and decertification applications are subject to the $100.00 fee. If the respondent(s) does not file a written reply
and does not oppose the application there is no reply fee.
If objections raised at the hearing are resolved on that day using the Labour
Relations Board's Special Investigating Officer, no reply fee will be charged. If the objections result in the Board directing a
submission/hearing process, the respondent's reply submission will be subject to the reply
fee.
Mediation
Any
applications that involve the use of a Labour Relations Board Mediator are subject to a
total daily fee of $500.00, plus G.S.T. While
the Regulation is framed in a way that contemplates two parties to a dispute; there are
some disputes that may involve more than two parties.
For example, the Labour Relations Board may receive an application under Section 72
of the Labour Relations Code for the
designation of essential services. The
designation of essential services normally involves more than one employer and more than
one union.
In those
circumstances it is not the intention to charge each party $250.00. The Regulation contemplates a daily fee of $500.00. The Labour Relations Board will charge the
employers $250.00; and the unions $250.00 for each day.
The manner in which the daily fee will be apportioned to each party will be
discussed at the commencement of essential service designations.
For Mediation
services, the Labour Relations Board will invoice the parties on a monthly basis for cases
that involve meetings over more than a period of a month.
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