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Home Resources Manual of Rules of Practice and Procedure (MRPP) Chapter 21: Codes of Conduct

Chapter 21: Codes of Conduct

21.1 For Parties

21.1.1 General

This Code is intended to alert parties, whether or not they are represented, to the minimum standards of behaviour. Parties are expected to know and abide by this Code.

This Code also applies to any person or representative group WCAT has requested to participate in an appeal under section 297(2)(g)(6.6 to 6.6.7).

21.1.2 Duties of a Party

  1. A party will not put forward any information known to be untrue, nor will they be dishonest or misrepresent facts.
  2. A party must meet deadlines for written submissions and for scheduling oral hearings.
  3. A party must be prepared. Being prepared includes being familiar with the relevant Board file(s), gathering their evidence and preparing their position on the appeal based on the relevant law, policy, and precedent decisions.
  4. A party must observe WCAT’s rules of practice and procedure and practice directives.
  5. A party must behave courteously and respectfully to the opposing party and their representative (if present), to any witnesses called during an oral hearing, to the panel hearing the appeal, and to WCAT support staff. A party must also behave courteously and respectfully in written correspondence, including written submissions.
    A party’s conduct and demeanour toward the WCAT panel should not be influenced by ill feelings between a worker and an employer, or between them and the Board, including previous decision makers.
  6. The panel assigned to a hearing or pre-hearing process may make orders or give directions necessary for the maintenance of order. If a party disobeys or fails to comply with the panel’s order or direction, the panel may:
  1. call upon a peace officer to enforce the order or direction [s. 48(1) ATA];
  2. impose restrictions on the person’s continued participation in or attendance at a proceeding [s. 48(3)(a) ATA];
  3. exclude the person from further participation in or attendance at a proceeding pending another order [s. 48(3)(b) ATA];
  4. apply to court for committal of the person for contempt [s. 49(2)) ATA].
  1. A party has a duty to bring forward, at the earliest opportunity, any information which may give rise to a reasonable apprehension of bias or conflict of interest on the part of a WCAT member. However, such allegations should not be made frivolously or in a fashion which diminishes confidence in the integrity of WCAT decision making. Examples of the types of allegations that will not, on their own, raise a reasonable apprehension of bias include instances where a panel previously decided a similar issue or worked for the Board in the past.
  2. At the earliest practicable opportunity, a party should raise any concern regarding a possible breach of procedural fairness for consideration by the panel hearing an appeal. If the party fails to do so, WCAT may deem them to have waived the right to raise such an objection after the decision has been issued. An application for reconsideration on such a basis might then be denied on the basis of waiver. If the objection is raised, but not accepted by the panel, the party should continue to participate in the hearing. Continued participation will not be interpreted as acquiescence or waiver.
  3. A party must respect the confidentiality of information disclosed during WCAT proceedings and not use that information for other purposes without the consent of the parties and the Board [s. 235(1) WCA].
  4. A party should not attempt to contact a panel directly outside the normal hearing process, unless the panel invites or instructs them to do so. A party who wishes to communicate with a panel should do so through the registry. Due to internet security concerns, a party should not contact WCAT by e-mail except through the email address designated by WCAT for filing forms, documents, and submissions.
  5. Following a WCAT decision, a party must not write to or otherwise contact the panel concerning the decision. Any request for clarification, correction, addendum for a missed issue or reconsideration must be sent to TCO where it will be vetted and channelled appropriately.

21.2 For Representatives

21.2.1 General

Parties appearing before WCAT are not required to have representation. However, many have representatives such as friends or family members, union advocates, human resources personnel, advisers from the Workers’ or Employers’ Advisers’ Offices, private consultants, or lawyers.

This Code is intended to alert representatives to the minimum standards of behaviour. Representatives are expected to know and abide by this Code. WCAT will investigate breaches of this Code which are brought to TCO’s attention. Panels may also address breaches of this Code directly during the course of oral hearings and/or in their written decisions.

21.2.2 Duties of a Representative

  1. A representative’s conduct should at all times be characterized by candour and fairness. The representative should maintain toward WCAT a courteous and respectful attitude and insist on similar conduct on the part of their client, at the same time discharging their duty to their client resolutely and with self-respecting independence.
  2. A representative must honestly represent the client. The representative will not put forward any information known to be untrue, nor will they knowingly assist or encourage a party to be dishonest or misrepresent facts.
  3. A representative must have proper instructions from their client before proceeding. A representative must obtain instructions from their client before taking any significant step including, but not limited to, initiating or withdrawing an appeal.
  4. A representative must meet deadlines for written submissions and for scheduling oral hearings. A representative should not undertake to represent a client unless they will be able to provide such representation within the statutory time frames, as required by section 306.
  5. A representative must be prepared. Being prepared includes being familiar with their client’s evidence and position on the appeal, as well as the relevant Board file(s) and the relevant law, policy, and precedent decisions.
  6. A representative must observe WCAT’s rules of practice and procedure and practice directives.
  7. A representative must behave courteously and respectfully to the opposing party and their representative (if present), to any witnesses called during an oral hearing, to the panel hearing the appeal, and to WCAT support staff. A representative must also behave courteously and respectfully in written correspondence, including submissions. Respectful behaviour includes representatives conducting their business affairs so as to enable WCAT staff to contact them easily.
    A representative’s conduct and demeanour toward any other representative in the case, or toward the WCAT panel should not be influenced by ill feelings between a worker and an employer, or between the client (or the representative) and the Board, including previous decision makers.
    A representative should instruct their client and witnesses about appropriate conduct in a hearing and in written correspondence, including submissions, and the requirement for courtesy and civility to the panel as well as any opposing representative and their client. A representative is expected to take whatever steps are necessary to dissuade clients and witnesses from disrupting a hearing (21.1).
  8. The panel assigned to a hearing or pre-hearing process may make orders or give directions necessary for the maintenance of order. If a representative disobeys or fails to comply with the panel’s order or direction, the panel may:
  1. call upon a peace officer to enforce the order or direction [s. 48(1) ATA];
  2. impose restrictions on a representative’s continued participation in or attendance at a proceeding [s. 48(3)(a) ATA];
  3. exclude a representative from further participation in or attendance at a proceeding pending another order [s. 48(3)(b) ATA];
  4. apply to court for committal of the representative for contempt [s. 49(2)) ATA].
  1. A representative has a duty to bring forward, at the earliest opportunity, any information which may give rise to a reasonable apprehension of bias or conflict of interest on the part of a WCAT member. However, such allegations should not be made frivolously or in a fashion which diminishes confidence in the integrity of WCAT decision making. Accordingly, if the allegation has been addressed by WCAT and rejected, the representative should not continue to raise similar allegations in other appeals. Examples of the types of allegations that will not, on their own, raise a reasonable apprehension of bias include instances where a panel previously decided a similar issue or worked for the Board in the past.
  2. At the earliest practicable opportunity, a representative should raise any concern regarding a possible breach of procedural fairness for consideration by the panel hearing an appeal. If the representative fails to do so, WCAT may deem the party to have waived the right to raise such an objection after the decision has been issued. An application for reconsideration on such a basis might then be denied on the basis of waiver. If the objection is raised, but not accepted by the panel, the party should continue to participate in the hearing. Continued participation will not be interpreted as acquiescence or waiver.
  3. A representative should not engage in personal attacks on members.
  4. A representative must respect the confidentiality of information disclosed during WCAT proceedings and not use that information for other purposes without the consent of the parties and the Board [s. 235(1) WCA].
  5. A representative should not attempt to contact a panel directly outside the normal hearing process, unless the panel invites or instructs them to do so. A representative who wishes to communicate with a panel should do so through the registry. Due to internet security concerns, a representative should not contact WCAT by e-mail.
  6. Following a WCAT decision, a representative must not write to or otherwise contact the panel concerning the decision. Any request for clarification, correction, addendum for a missed issue or reconsideration must be sent to TCO where it will be vetted and channelled appropriately.
  7. Members who cease to hold office, and legal staff of TCO who cease to be employed by or contracted to WCAT, are prohibited from appearing or making written submissions in a proceeding or matter before WCAT as counsel, advocate, or representative on behalf of a party to the proceeding until six months after the member’s/legal staff’s appointment/employment/contract ends.

21.3 For WCAT Members

The requirement to comply with a code of conduct is a condition of appointment. Members who fail to comply with the standards established may be subject to disciplinary action up to and including dismissal.

The Code of Conduct for WCAT Members establishes rules of conduct governing the professional and ethical responsibilities of members to enhance public confidence in their integrity and fairness. The Code establishes reasonable minimum expectations governing the conduct of all WCAT members. Each member must ensure their own compliance with this Code. Members also have an obligation to bring to the attention of another WCAT member any circumstance which raises a reasonable apprehension of that member’s possible contravention of this Code.

(Appendix 10)

Neither WCAT nor its decision makers may be sued for damages because of anything done or omitted in the performance or intended performance of any statutory duty or exercise or intended exercise of any statutory power [s. 56(2) ATA]. The immunity conferred in section 56(2) does not apply in relation to anything done or omitted in bad faith [s. 56(3)].

Members, or anyone conducting a dispute resolution process for WCAT, must not be required to testify or produce evidence in any proceeding, other than a criminal proceeding, about records or information obtained in the discharge of their duties [s. 55(1) ATA].

21.4 For WCAT Employees

Section 282 provides that employees necessary to exercise the powers and perform the duties of WCAT may be appointed under the Public Service Act, R.S.B.C. 1996, c. 385. WCAT may also engage or retain consultants or contractors that WCAT considers necessary. All employees, officers, consultants or contractors engaged or retained by WCAT are bound by, and must agree to be bound by, the Province of British Columbia Standards of Conduct for Public Service Employees.

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