Definitions

1  (1)  In this regulation:

"Act" means the Public Service Act, R.S.B.C. 1996, c. 385;

"day" means a calendar day from midnight to midnight;

"registrar" means the registrar of the appeal board;

"selection panel" means the person or persons who selected the successful applicant for the appointment in respect of which an appeal under section 18 (1) of the Act is brought;

"written notice" means a notice in writing given by hand, mail, telegram, telex or facsimile.

(2)  In this regulation, when calculating a time for doing anything,

(a) the first day is excluded and the last day is included,

(b) if the last day falls or expires on a holiday, the time is extended to the next day that is not a holiday, and

(c) if the last day falls or expires on a day when a business office to which a written notice must be given is not open during regular business hours, the time is extended to the next day that the office is open.

(3)  For the purposes of sections 2, 3 (3) and (6), any notice or reasons given by ordinary mail or by telegram, telex or facsimile is presumed to have been given on the day it was mailed or transmitted unless there is evidence to the contrary.

 Notice to unsuccessful employee applicants

2  On selection of the successful applicant, the chair of the selection panel, or a person acting on his or her behalf, must promptly give to each employee who is an unsuccessful applicant written notice that another person has been selected, stating the name of the position for which the competition was held, the competition identification number, and an office address for reply.

 Bringing an appeal

3  (1)  An employee who is an unsuccessful applicant may, by written notice to the chair of the selection panel addressed to the indicated office for reply as set out in the notice under section 2, request written reasons why he or she was unsuccessful.

(2)  A request made under subsection (1) must be recorded as received in the office for reply not later than 14 days after the date of the notification under section 2.

(3)  If a request is made under subsection (1), the chair of the selection panel must promptly provide written reasons to the unsuccessful applicant.

(4)  If the unsuccessful applicant commences an appeal under section 18 (1) of the Act, written notice of the appeal must be received by the registrar no later than 14 days after the date of the written reasons under subsection (3).

(5)  Subject to subsection (6), the notice of appeal must state the grounds as to why the appellant believes the principle of merit has not been complied with.

(6)  If the grounds for appeal are not given at the time of commencement of the appeal under subsection (4), the appellant must give the grounds, in writing, not later than 5 days after the date of the written notice of appeal to the registrar.

(7)  The registrar must, on receipt of the appeal, give notice of the name of the appellant and particulars of his or her appeal to the appropriate deputy minister, the chair of the selection panel, the successful applicant and any other person that the registrar considers has an interest in the appeal.

(8)  If the grounds for appeal are not received with the notice of appeal, the registrar must, on receipt, promptly provide the grounds for appeal to each person notified under subsection (7).

(9)  The chair of the selection panel must, on being informed that an appeal has been brought, provide the registrar with the following information:

(a) the posting;

(b) the name of each member of the panel and the position that person holds;

(c) a list of all applicants;

(d) the application form of each applicant who was shortlisted;

(e) the basis on which the shortlist was completed;

(f) the application form, resume and any other information respecting the appellant's application;

(g) a description of any tests that were given to applicants in the competition;

(h) the completed competition rating form;

(i) the basis of the selection decision and candidate rating;

(j) any other information or records that the chair of the selection panel considers relevant to the appeal;

(k) any other information or records that the registrar considers relevant to the appeal.

 Information to be provided to appellant or successful applicant

4  The registrar must, on request, provide the appellant, the successful applicant or a representative of either of them with a copy of any relevant information received under section 3 (9).

 Pre-hearing matters

5  The registrar may confer with the appellant, the successful applicant and the chair of the selection panel for the purpose of arriving at an agreement on any one or more of the following:

(a) identify and simplify the issues on appeal;

(b) obtain an agreement on any admissions of fact;

(c) if there has been more than one appeal in respect of a competition, consider whether the appeals should be heard together;

(d) fix a time and place for the hearing of the appeal;

(e) consider any other matters that may assist hearing the appeal in an expeditious and just manner.

 Setting down the appeal

6  (1)  The registrar must fix a time and place where the appeal will be heard and notify the appellant, the successful applicant and the members of the selection panel.

(2)  If there has been more than one appeal in respect of a competition, the registrar may order that 2 or more of the appeals be heard together.

 Right to representation at hearing

7  At the hearing of the appeal the following persons or their representatives have the right to be heard:

(a) the appellant;

(b) the successful applicant;

(c) any member of the selection panel;

(d) any person that the commission considers will have an interest in the outcome of the appeal.

 Reasons for decision

8  The appeal board must, as soon as practicable after making a decision under section 18 (4) of the Act, give written reasons for its decision to the appellant, the successful applicant and the selection panel.

 Confidentiality

9  Every party to the appeal must keep in confidence all information about any applicant or competition that he or she obtains during an appeal.

 Extensions of time and irregularities

10  (1)  An appeal is not invalid by reason of a defect in form, a technical irregularity or an error in procedure that does not result in a denial of natural justice, and the commission may relieve against these defects, irregularities or errors of procedure on just and reasonable terms.

(2)  The chair of the appeal board or a member of the appeal board may extend any time period in this regulation and may grant the extension after the period of time has expired.

(3)  If it is impractical or inconvenient for the chair of a selection panel to comply with a provision of this regulation, a member of the panel may act for the chair.