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"Point in Time" Regulation Content

Enforcement of Canadian Judgments and Decrees Act

Domestic Trade Agreement Award Regulation

B.C. Reg. 19/2016

 Regulation BEFORE repealed by BC Reg 97/2019, effective May 3, 2019.

B.C. Reg. 19/2016
O.C. 73/2016
Deposited February 16, 2016

Enforcement of Canadian Judgments and Decrees Act

Domestic Trade Agreement Award Regulation

Definition

1   In this regulation, "Act" means the Enforcement of Canadian Judgments and Decrees Act.

Prescribed domestic trade agreement awards

2   For the purposes of paragraph (d) of the definition of "domestic trade agreement award" in section 1 (1) of the Act, the following are prescribed as domestic trade agreement awards:

(a) an award for costs within the meaning of Article 32 (1) of the NWPTA if

(i) no judicial review has been requested in relation to that award under Article 31 (1) of the NWPTA within the 15 day period referred to in that Article,

(ii) a judicial review has been requested in relation to that award under Article 31 (1) of the NWPTA within the 15 day period referred to in that Article and the judicial review court determines that the award should neither be set aside nor remitted to a NWPTA panel, or

(iii) a judicial review of that award has been requested under Article 31 (1) of the NWPTA and the judicial review court remits the award to a NWPTA panel, the award of costs as confirmed or amended by that NWPTA panel;

(b) a cost award within the meaning of Article 38 (6) (d) of the NWPTA if

(i) no judicial review has been requested in relation to that award under Article 41 (1) of the NWPTA within the 15 day period referred to in that Article,

(ii) a judicial review has been requested in relation to that award under Article 41 (1) of the NWPTA within the 15 day period referred to in that Article and the judicial review court determines that the award should neither be set aside nor remitted to the arbiter, or

(iii) a judicial review of that award has been requested under Article 41 (1) of the NWPTA and the judicial review court remits the award to the arbiter, the cost award as confirmed or amended by that arbiter;

(c) a recoupment award within the meaning of Article 38 (6) (d) of the NWPTA if

(i) no judicial review has been requested in relation to that award under Article 41 (1) of the NWPTA within the 15 day period referred to in that Article,

(ii) a judicial review has been requested in relation to that award under Article 41 (1) of the NWPTA within the 15 day period referred to in that Article and the judicial review court determines that the award should neither be set aside nor remitted to the arbiter, or

(iii) a judicial review of that award has been requested under Article 41 (1) of the NWPTA and the judicial review court remits the award to the arbiter, the recoupment award as confirmed or amended by that arbiter.

[Provisions relevant to the enactment of this regulation: Enforcement of Canadian Judgments and Decrees Act, S.B.C. 2003, c. 29, section 10.1]