Suite 410, 900 Howe Street
P: 604.660.4700
Vancouver, BC Canada V6Z 2N3
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bcuc.com
F: 604.660.1102
ORDER NUMBER
G-15-19
IN THE MATTER OF
the Utilities Commission Act, RSBC 1996, Chapter 473
and
British Columbia Utilities Commission
Rules of Practice and Procedure
BEFORE:
W. M. Everett, QC, Panel Chair
D. J. Enns, Commissioner
H. G. Harowitz, Commissioner
on December 17, 2018
ORDER
WHEREAS:
A. The British Columbia Utilities Commission (BCUC) has carried out a review of its guidelines for
reconsideration applications (Reconsideration Guidelines) which were available on its website under the
heading, Reconsideration Criteria, and a review of its Rules of Practice and Procedure (Rules) which were
adopted by Order G-1-16, effective January 15, 2016. The Rules did not contain provisions for
reconsideration applications;
B. As part of its review, the BCUC considered whether the Reconsideration Guidelines should be replaced by
amending the Rules to incorporate provisions for reconsideration applications;
C. The BCUC, in accordance with section 2.1 of the Utilities Commission Act and section 11 of the
Administrative Tribunals Act, has completed its review and proposed amendments to the Rules which
incorporate provisions for reconsideration applications and proposed housekeeping amendments to Parts I
through IV of the Rules (that do not materially change the practice under the Rules);
D. The proposed amendments to the Rules were posted on the BCUC website and provided to stakeholders for
comment on August 8, 2018;
E. The following stakeholders provided comments on the proposed amendments to the Rules:
• Allevato, Quail & Roy
• Andrew, W. J.
• British Columbia Hydro and Power Authority
• Duffy, G. F.
• FortisBC
• Insurance Corporation of BC;
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Order G-15-19
F. The BCUC took into consideration the stakeholders’ comments and made further revisions to the proposed
amendments to the Rules. The amended Rules of Practice and Procedure incorporates new provisions for
filing and hearing reconsideration applications in Part V and replaces the BCUC Reconsideration Guidelines;
and
G. The BCUC finds that adopting these proposed amendments to the Rules is warranted.
NOW THEREFORE in accordance with section 2.1 of the Utilities Commission Act and section 11 of the
Administrative Tribunals Act, the BCUC replaces the Reconsideration Guidelines and adopts the amended Rules
of Practice and Procedure attached to this order, which will become effective and apply to reconsideration
applications filed with the BCUC on or after February 1, 2019.
DATED at the City of Vancouver, in the Province of British Columbia, this 22nd day of January 2019.
BY ORDER
Original Signed By:
W. M. Everett, QC
Commissioner
Attachment
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BRITISH COLUMBIA UTILITIES COMMISSION
RULES OF PRACTICE AND PROCEDURE
Table of Contents
1.0
PART I – GENERAL .................................................................................................................................. 1
1
Application of the rules ...........................................................................................................................1
2
Interpretation of the rules ......................................................................................................................1
3
Definitions..............................................................................................................................................1
4
Rules of Practice and Procedure ..............................................................................................................2
5
Personal information collection and/or distribution ................................................................................3
6
Failure to comply ....................................................................................................................................3
2.0
PART II – PARTICIPATION IN A PROCEEDING ............................................................................... 3
7
Interested parties ...................................................................................................................................3
8
Letters of comment ................................................................................................................................4
9
Requests for intervener status in a proceeding ........................................................................................5
10
Participation of interveners ....................................................................................................................6
3.0
PART III – DOCUMENT FILING ............................................................................................................ 7
11
Filing and service of documents ..............................................................................................................7
12
Documents filed by applicants ................................................................................................................8
13
Information requests ..............................................................................................................................9
14
Responses to information requests .........................................................................................................9
15
BCUC procedures for documents filed in a proceeding ........................................................................... 11
4.0
PART IV – CONFIDENTIAL DOCUMENTS ...................................................................................... 11
16
Application and availability of the rules ................................................................................................. 11
17
Information collection and/or distribution ............................................................................................ 11
18
Requests for confidentiality .................................................................................................................. 12
19
Hearings to consider confidentiality of documents ................................................................................ 12
20
Decisions made by the BCUC regarding confidentiality .......................................................................... 12
21
Documents accepted as confidential ..................................................................................................... 13
22
Documents not accepted as confidential ............................................................................................... 13
23
Filing confidential documents ............................................................................................................... 13
24
Requests for access to confidential documents in a proceeding ............................................................. 14
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5.0
PART V – RECONSIDERATION .......................................................................................................... 14
25
Requests for reconsideration of a BCUC decision, order, rule or regulation ............................................ 14
26
Filing an application for reconsideration ................................................................................................ 15
27
Stay of decision ....................................................................................................................................1 6
28
Summary dismissal of a reconsideration application .............................................................................. 16
29
Reconsideration hearing ....................................................................................................................... 16
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1.0
PART I – GENERAL
1
Application of the rules
Any person engaged in any matter before the BCUC must follow all rules, guidelines and practice
directives that are issued by the BCUC.
2
Interpretation of the rules
These rules must be liberally construed in the public interest to ensure the fairest, most expeditious and
efficient determination of every matter before the BCUC consistent in all cases with the requirements of
procedural fairness.
3
Definitions
In these rules:
(a) “applicant” means a person who makes an application;
(b) “application” means an application to the BCUC for an approval, licence, order or other relief under
the Utilities Commission Act or any other enactment;
(c) “BCUC” means the British Columbia Utilities Commission;
(d) “BCUC’s website” means the website maintained by the BCUC at www.bcuc.com;
(e) “document” includes written documentation, films, photographs, charts, maps, plans, graphs,
surveys, books of account, transcripts, emails, information stored by means of an electronic storage
and retrieval system, electronic files and video and audio recordings, whether filed as evidence,
submissions to, applications or correspondence with the BCUC;
(f) “eFiling system” means the BCUC’s regulatory electronic filing system that is accessible on the
BCUC’s website;
(g) “evidentiary record” means all documents, including evidence and submissions, filed in connection
with a proceeding whether filed prior to, or during, the proceeding. The public evidentiary record,
found on the BCUC’s website, does not include documents that are subject to a confidentiality order
of the BCUC;
(h) “file” means to submit documents to the Commission Secretary either electronically via the eFiling
system, or, if participating non-electronically, by mail, courier or personal delivery;
(i) “hearing” means a hearing before the BCUC and includes an oral hearing and a written hearing as
well as a streamlined review process and a hearing regarding a negotiated settlement process;
(j) “information request,” also referred to as an “interrogatory,” means a request that an applicant,
intervener, BCUC staff or panel may make of a party to elicit information on the evidentiary record
that is relevant to the issues to be considered by the BCUC in the proceeding;
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(k) “interested party” means a person who has registered online to receive immediate automated
electronic notification of all documents filed as part of a proceeding’s public evidentiary record but
who does not have the participation rights of an intervener in the proceeding;
(l) “intervener” means a person who has been granted intervener status in a proceeding by the BCUC.
(m) “party” means an applicant, intervener, interested party or other person who has been permitted
according to these rules to participate in a proceeding. Party does not include panel members or
BCUC staff independent of the proceeding team except where staff participation has been allowed
by the BCUC, such as is outlined in the Negotiated Settlement Guidelines;
(n) “person” includes an individual, as well as an incorporated or unincorporated organization such as a
corporation, partnership or duly constituted public group;
(o) “proceeding” means a process to decide a matter either initiated by or brought before the BCUC,
including a matter commenced by application, transfer and direction, or inquiry and may result in
adjudication or a report;
(p) “register online” means submitting a completed online registration form with the BCUC in order to
log into the eFiling system and/or to receive electronic notification of all non-confidential evidence
filed by parties for the BCUC’s consideration in a particular proceeding;
(q) “regulatory timetable” means the timetable that is established for the proceeding by the BCUC;
(r) “representative” means the agent of or solicitor for a party;
(s) “rules” means these Rules of Practice and Procedure.
4
Rules of Practice and Procedure
4.01
In accordance with sections 2.1 and 4(1) of the Utilities Commission Act, and sections 11(1) and
(2) of the Administrative Tribunals Act, the BCUC adopts these rules and will decide the most
appropriate and effective management of its resources and the ordering of its proceedings.
4.02
Notwithstanding the procedures provided for in the rules, the BCUC may do whatever is
appropriate and permitted by law to enable it to effectively and completely adjudicate the
matter before it.
4.03
In accordance with the Administrative Tribunals Act, the BCUC may waive or modify one or more
of its rules in exceptional circumstances.
4.04
The rules are available for examination on the BCUC’s website, or upon request from the
Commission Secretary.
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5
Personal information collection and/or distribution
5.01
The BCUC is authorized by sections 26(c), 33 and 33.1(r)(ii) and (iii) of the Freedom of
Information and Protection of Privacy Act to collect and publish a person’s personal information
in a matter before the BCUC if necessary.
5.02
Subject to the Freedom of Information and Protection of Privacy Act and the rules in Part IV –
Confidential Documents, all documents filed in respect to a proceeding must be placed on the
public evidentiary record. If a party wishes to keep any information in a document confidential,
the party must submit a request for confidentiality to the BCUC at the time of filing, in a manner
consistent with Part IV of these rules.
5.03
Any questions regarding the BCUC’s collection of personal information can be directed to the
Commission Secretary at commission.secretary@bcuc.com, or Suite 410, 900 Howe Street,
Vancouver, BC, V6Z 2N3.
6
Failure to comply
6.01
If a party fails to comply with the BCUC’s rules, guidelines or practice directives, the BCUC may
take steps it considers reasonable including, but not limited to, withdrawing the status of the
party.
6.02
If a party fails to comply with a time limit or filing protocol specified in the rules or by the BCUC,
the BCUC may disregard the party’s document.
6.03
No proceeding is invalid by reason alone of an irregularity in form.
2.0
PART II – PARTICIPATION IN A PROCEEDING
7
Interested parties
7.01
A person who wishes to receive automated email notifications of all documents posted by the
BCUC to the proceeding’s webpage must register online via the BCUC’s website using the
Interested Party online registration form.
7.02
An interested party’s name is included on the evidentiary record and made public on the BCUC’s
website.
7.03
To unsubscribe from the email notifications or to change status, an interested party must submit
a Request to Change Party’s Preferences Form via the BCUC’s website; by email to
commission.secretary@bcuc.com; or by mail, courier or personal delivery to Commission
Secretary, Suite 410, 900 Howe Street, Vancouver, BC, V6Z 2N3.
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8
Letters of comment
8.01
Letters of comment are intended to provide for any member of the public to contribute views,
opinions, and impact or potential impact, with respect to a matter before the BCUC, to a public
record.
8.01.1 Due to their active participation in a proceeding and adherence to an established
regulatory timetable, interveners are not permitted to file letters of comment, unless
requested or otherwise permitted by the BCUC. If an intervener files a letter of
comment, the BCUC may disallow the letter of comment unless the intervener requests
to change standing.
8.02
Letters of comment must be in the Letter of Comment Form and be submitted via the BCUC’s
website; by email to commission.secretary@bcuc.com; or by mail, courier or personal delivery
to Commission Secretary, Suite 410, 900 Howe Street, Vancouver, BC, V6Z 2N3.
8.03
A letter of comment must:
(a) describe the nature of the person’s interest in the proceeding;
(b) state the person’s views regarding the proceeding; including any relevant information
that is useful in supporting or explaining the views; and
(c) not contain confidential information.
8.04
The BCUC will include the author’s name and contact information on the proceeding’s
evidentiary record but will remove all personal contact information, except for the author’s
name, before publication on the BCUC’s website.
8.05
Letters of comment are not automatically accorded the same weight as evidence that has been
either adopted under oath, subject to information requests or otherwise tested.
8.06
In the interests of fairness and/or efficiency, the BCUC may limit persons to one letter of
comment.
8.07
The BCUC may disallow any letters of comment that contain vulgar language, personal attacks or
offensive terms or that do not follow the rules.
8.08
Letters of comment must be received by the BCUC by the last date included in the proceeding’s
regulatory timetable before final arguments, unless the BCUC directs otherwise. Letters of
comment that are received late will not be considered by the BCUC in the proceeding.
8.09
Submitting a letter of comment does not enable persons to otherwise participate in a hearing or
reconsideration proceeding.
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9
Requests for intervener status in a proceeding
9.01
To request intervener status, a person must complete and submit a Request to Intervene Form
via the BCUC’s website; by email to commission.secretary@bcuc.com; or by mail, courier or
personal delivery to Commission Secretary, Suite 410, 900 Howe Street, Vancouver, BC, V6Z
2N3.
9.02
Requests for intervener status must be received by the BCUC by the registration deadline
established in the regulatory timetable for the proceeding.
9.03
The BCUC, in its discretion, may allow late requests for intervener status. Unless otherwise
specified by the BCUC, once a late request for intervener status is accepted, the late intervener
may only participate from that point onward in the proceeding.
9.04
Persons requesting intervener status must demonstrate to the satisfaction of the BCUC that
they are directly or sufficiently affected by the BCUC’s decision, or that they have experience,
information or expertise relevant to a matter before the BCUC that would contribute to the
BCUC’s decision-making.
9.05
Persons requesting intervener status who are not individuals or BCUC regulated entities must
submit both:
(a) a completed Request to Intervene Form; and
(b) an informational document (as a single PDF) that includes:
(i) a description of the organization’s mandate and objectives;
(ii) a description of its membership, including the membership processes if any, and
the constituency it represents;
(iii) the types of programs and/or activities it carries out;
(iv) the identities of any authorized representatives and addresses; and
(v) any other information the BCUC may request.
9.05.1 The information provided in the informational document must be current, accurate and
filed in accordance with the rules respecting document filing. Any material changes to
the information contained in the informational document must be filed with the BCUC
as soon as possible.
9.05.2 If the request to intervene is accepted, the BCUC will retain the informational document
for a period of twelve (12) months from the date it is filed and may refer to it during
that time, when appropriate.
9.05.3 If an informational document has been filed with the BCUC within the past twelve (12)
months, a person who is not an individual or a BCUC regulated entity must only submit a
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Request to Intervene Form for each proceeding in which it intends to participate as an
intervener and indicate on the form that it has already submitted an informational
document.
9.05.4 Twelve (12) months after the date an informational document was filed, a person who is
not an individual or a BCUC regulated entity is required to submit an updated
informational document with its next request to intervene.
9.06
The BCUC may refuse a request for intervener status for reasons, including but not limited to,
that the request:
(a) is frivolous, or vexatious;
(b) does not meet the requirements in Rule 9.04;
(c) is irrelevant or is not in response to issues addressed in the particular proceeding; or
(d) is not filed in accordance with the rules.
9.07
The BCUC may grant intervener status subject to conditions it considers appropriate.
9.08
The BCUC may determine the scope of an intervener’s participation considering, for example,
the person’s interest, and the nature, importance and breadth of issues the person plans to
address.
9.09
When a request to intervene is accepted, the BCUC will send the intervener a link to register
online. Online registration enables an intervener to submit documents via the eFiling system,
and to receive automated email notifications of all the documents posted to the website in
regard to the proceeding.
9.10
If accepted and if the intervener has participated in a proceeding in the past twelve (12) months
and already has a username, the BCUC will send the intervener an email stating that the BCUC
has added the user to the proceeding.
10
Participation of interveners
10.01 Interveners are expected to participate actively, responsibly and respectfully for the duration of
the proceeding.
10.02 Interveners are expected to take reasonable efforts to avoid the duplication of evidence.
10.03 The BCUC encourages and may require an intervener to coordinate with other interveners who
represent substantially similar interests.
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3.0
PART III – DOCUMENT FILING
11
Filing and service of documents
11.01
Documents, including applications and notices of appeal, should be filed in such quantity and in
such manner as may be specified by the BCUC. Unless otherwise specified by the BCUC, all
correspondence including evidence and submissions must be filed under cover letters
addressed to the Commission Secretary.
11.02
Filings must be submitted on or before a specified filing date, if applicable.
11.03
All documents filed in a proceeding, with the exception of documents the BCUC deems
confidential, may be accessed through the BCUC’s website.
11.04
Any person wishing to access an evidentiary record of any proceeding not published online, or
wishing to access an evidentiary record in hard copy, may make arrangements to do so with the
Commission Secretary in accordance with access and privacy rules and legislation.
11.05
Parties must file all documents electronically via the eFiling system as a file attachment in
unprotected .pdf, .doc, .xls, or Rich Text Format (RTF) and, if applicable, must clearly display the
name of the proceeding in the file name and in the document.
11.05.1 Documents must not contain symbols or quotation marks (e.g., “$#&!@) in the file
name otherwise the document will open as a blank file and the BCUC will consider the
document not received.
11.05.2 Parties who do not have reasonable access to internet or email, or who have no
reasonable means to convert an unsupported electronic document into a supported
format may file the document in paper copy via mail, courier, personal delivery or any
other means directed by the BCUC (Suite 410, 900 Howe Street, Vancouver, BC, V6Z
2N3).
11.06
Whether filed electronically or non-electronically, documents must be received by the BCUC by
the specified filing date, if applicable, unless otherwise directed by the BCUC.
11.06.1 Arrangements may be made with the Commission Secretary for evidence that cannot
reasonably be filed in paper, such as video or recorded evidence.
11.07
Documents filed non-electronically must be complete and identical to the electronic copy.
11.08
The assignment of an exhibit number to a document does not prevent other parties from
challenging its admissibility. If the BCUC rules a document inadmissible, the document and its
exhibit letter and number will be expunged from the record.
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11.09
The BCUC’s website will send an automated email to all parties who have registered online
when a document has been posted to the evidentiary record posted on the BCUC’s website.
11.10
The BCUC considers a document to be served on a party once it is added to the BCUC’s
evidentiary record and posted on the BCUC’s website. For parties that participate by mail, the
BCUC considers documents to be served after two (2) business days of being sent if couriered or
five (5) business days if regular mail was used.
11.11
If a party files a document during an oral phase of a hearing, the document must be filed with
the hearing officer who will assign it an exhibit number, ensure sufficient paper copies are
distributed to the other parties and upload an electronic copy to the BCUC’s website. Once the
oral phase of a hearing is completed, parties must resume filing documentation in accordance
with the rules. The list of exhibits for each proceeding can be located on the BCUC’s website.
12
Documents filed by applicants
12.01
All documents with respect to a current proceeding are to contain the Project Number assigned
to the proceeding by the BCUC, as the first item in the Subject Line, if applicable.
12.02
Documents must be filed in an unprotected PDF searchable format. Where possible, each
exhibit document (e.g. applications, information requests, information request responses) must
be submitted as one (1) PDF document, including cover letter and attachments. Documents
must clearly display the name of the proceeding in the file name.
12.03
Applicants are required to register online. The applicant’s registered User ID and password must
be used to log on to the eFiling system in order to upload and submit documents.
12.04
If a document exceeds 50 MB, the document must be posted to the applicant’s website before
filing, and a link to download the document from the applicant’s website is required with the
applicant’s filing. If applicable, and the applicant does not maintain a website, it must contact
the Commission Secretary to make alternate arrangements.
12.05
If an applicant’s document is over one hundred (100) pages, five (5) paper copies must be
couriered to the BCUC within three (3) business days following the date of the electronic filing,
unless the BCUC advises otherwise.
12.06
The BCUC may require the applicant to mail or courier paper copies of documents it issues to
interveners who do not have reasonable access to internet or email.
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13
Information requests
13.01
In an information request, the BCUC, applicant or intervener may request another party within
the time limit set by the BCUC, to provide information necessary:
(a) to clarify any documentary evidence filed by the other party;
(b) to facilitate a better understanding of the issues relevant to the proceeding; or
(c) to assist with the resolution of the proceeding.
13.02
An information request must:
(a) be issued by the BCUC, applicant or intervener in accordance with a Commission order;
(b) be directed to the party from whom a response is sought, unless the BCUC otherwise
orders;
(c) contain specific questions seeking information or documents that are relevant to the
proceeding and in the possession of the responding party;
(d) be filed in accordance with rules pertaining to document filing, unless otherwise
directed by the BCUC;
(e) group questions together according to the issue to which they relate;
(f) be numbered using a continuous numbering system; and
(g) set out the date on which the information request is filed.
13.03
To the extent practicable, information requests should cite the volume, tab and page number of
the evidence to which it refers.
13.04
To the extent practicable, parties should not knowingly duplicate other parties’ information
requests.
14
Responses to information requests
14.01
Subject to these rules, a party who is served with an information request must provide a full and
adequate response to each question.
14.02
A response to an information request must:
(a) be filed in accordance with rules pertaining to document filing, as applicable, unless
directed otherwise by the BCUC;
(b) repeat each substantive question at the beginning of each response but not include the
full set of questions at the front of the response;
(c) number the responses using the same numbering system as in the information request;
(d) identify the appropriate individual(s) in the cover letter who can be contacted for
information related to the information request responses; and
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(e) where a response to an individual question is responded to by persons other than the
party to whom the information request is directed (i.e. a consultant, expert or other
third party, etc.) as part of the response, identify, where appropriate, the person(s)
responding to that question.
14.03 A response to an information request should:
(a) utilize the bookmark functionality of PDF form documents or Word documents to
bookmark each group of issues as identified in the original information request; and
(b) set out the date on which the response is filed.
14.04 If a party who is served with an information request is not able or not willing to prepare a full
and adequate response, the party must do one of the following:
(a) If the party considers an information request unclear:
(i) it is incumbent upon that party to make reasonable efforts to contact the
requestor to clarify the question and respond in accordance with the deadline
for information request responses; and
(ii) where clarification cannot be obtained in a timely manner, the party responding
to the information request must state any assumptions made respecting the
interpretation of the question;
(b) If the party contends that the information required to answer the information request is
not relevant, the party must:
(i) file a response that sets out specific reasons in support of that contention; and
(ii) file any portion of the response that the party does consider relevant;
(c) if the party contends the information necessary to provide an answer is privileged, not
available or cannot be provided with reasonable effort, file a response that:
(i) sets out the specific reasons in support of that contention; and
(ii) contains such other information that the party considers would be of assistance
to the party making the information request that is available and can be
provided with reasonable effort;
(d) if the party contends that the information requested is confidential:
(i) file a request for confidentiality for all or any part of the response in accordance
with the rules pertaining to confidential filings; and
(ii) where practicable, file other non-confidential information that the party
considers would be of assistance to the party making the information request.
14.05 If a party fails to respond, or if a party, including BCUC staff, is not satisfied with an information
request response, a party may file a request that the matter be settled by the BCUC.
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15
BCUC procedures for documents filed in a proceeding
15.01
BCUC staff will assign an exhibit number to the document prior to posting. The following
exhibit letters have been assigned to each participant grouping:
“A” for BCUC Commissioners and staff;
“B” for the applicant;
“C” for interveners, numbered sequentially in terms of order of receipt of the Notice of
Intervention by the BCUC with a sub-number assigned to each document filed by that
intervener;
“D” for interested parties; and
“E” for letters of comment.
15.02
The BCUC will scan and upload submissions to the proceeding’s exhibit list for parties who
submit documents non-electronically due to not having reasonable access to the internet or
email.
15.03
If an intervener reasonably requires paper copies of documents, the BCUC may provide the
intervener’s mailing information to the proceeding’s participants with a request that the
intervener be served by mail. The BCUC will mail paper copies of its documents to parties who
demonstrate an inability to access the electronic public evidentiary record.
15.04
The BCUC may require the applicant to make copies of the application available in local utility
facilities, libraries or other locations.
15.05
Documents issued or received by the BCUC will normally be posted to the proceeding’s
webpage within four (4) business hours of being received unless the document requires further
review.
4.0
PART IV – CONFIDENTIAL DOCUMENTS
16
Application and availability of the rules
These rules apply to all requests for confidentiality and confidential documents filed with the BCUC in
regard to any and all matters.
17
Information collection and/or distribution
17.01 Subject to the following, and to other related statutory provisions and exceptions or exclusions
by law, including the Freedom of Information and Protection of Privacy Act, the Utilities
Commission Act and the Administrative Tribunals Act, information filed by parties in a matter
before the BCUC will be placed on the evidentiary record and may be made publicly available.
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17.02 For greater certainty, nothing in these rules is intended to limit the operation of any statutory
provision that protects the confidentiality of information of documents.
18
Requests for confidentiality
18.01 If a party wishes to keep confidential any information in a document filed in any matter before
the BCUC, in addition to the document, at the time of filing, the party must file:
(a) a request that all or any part of the document be held in confidence which must:
(i) briefly describe the nature of the information in the document and the reasons
for the request for confidentiality, including the specific harm that could
reasonably be expected to result if the document was made publicly available;
and
(ii) indicate whether all or only a part of the document is the subject of the request;
and
(b) a proposed redacted version of the document that the BCUC may make publicly
available, where possible.
18.02 The party requesting confidentiality bears the onus of establishing why the information should
be treated as confidential by the BCUC.
18.03 The request for confidentiality will be a matter of public record, unless the BCUC directs
otherwise.
19
Hearings to consider confidentiality of documents
19.01 The BCUC may, with or without a hearing or further process, grant a request for confidentiality
on any terms it considers appropriate.
19.02 Where the BCUC holds a hearing to consider the request for confidentiality, the BCUC may direct
that the hearing be held in the absence of the public.
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Decisions made by the BCUC regarding confidentiality
20.01 In determining whether the nature of the information or documents require a confidentiality
direction, the BCUC will have regard to matters that it considers relevant, including:
(a) whether the disclosure of the information could reasonably be expected to result in:
(i) undue material financial loss or gain to a person;
(ii) significant harm or prejudice to that person’s competitive or negotiating
position; or
(iii) harm to individual or public safety or to the environment;
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(b) whether the information is personal, financial, commercial, scientific, labour relations or
technical information that is confidential and consistently treated as confidential by the
person;
(c) whether the person’s interest in confidentiality outweighs the public interest in the
disclosure of the information or documents in the hearing;
(d) whether the person submitting the document has any legal obligation to maintain
confidentiality; and
(e) whether it is practicable to hold the hearing in a manner that is open to the public.
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Documents accepted as confidential
21.01 If accepted by the BCUC as confidential, the documents or the portions thereof will not be made
publicly available.
21.02 If the document is accepted as confidential, the BCUC may make the proposed redacted version
of the confidential document publicly available, or may adjust or require the filing party to
change the redaction in accordance with what it deems necessary for transparency and public
interest.
21.03 A party may object to a request for confidentiality by filing an objection with reasons in a timely
manner. The BCUC will give the party claiming confidentiality, together with a person who may
be affected by disclosure, an opportunity to reply to an objection.
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Documents not accepted as confidential
22.01 If a document is filed confidentially and the request for confidentiality is denied, the BCUC may
allow the person that submitted the documents an opportunity to make submissions as to what
should be done with the document, such as withdrawing the document.
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Filing confidential documents
23.01 Rules respecting confidential documents are to be considered also in accordance with rules
pertaining to document filing.
23.02 Confidential material must be filed separately from non-confidential material. When necessary,
within non-confidential filings, reference the confidential filing.
23.03 Documents filed with the BCUC that a party requests to be confidential or that claim to contain
confidential material must clearly designate it in the document, the document’s file name and
on the cover letter, as well as be watermarked, if possible (“Confidential” or “Contains
Confidential Material”).
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23.04 Paper copies of confidential documents filed in binder form must have the word “Confidential”
included on the binder cover.
23.05 If a party files a document that is marked “Confidential” but is no longer confidential, the party
must notify the BCUC in writing that the document may be made public.
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Requests for access to confidential documents in a proceeding
24.01
If the BCUC grants a request for confidentiality, the BCUC, with comments from the party
submitting the document, and/or any party affected by disclosure of the confidential document,
may consider whether access to the confidential information may be provided to certain parties
upon request.
24.02
Parties requesting access to confidential information must submit a request electronically to the
BCUC, with a copy to the party who filed the document confidentially, that explains the
reason(s) for the request and a statement describing how access to the information pertains to
their participation in the proceeding.
24.03
If a request for access to confidential information is accepted, the requestor must sign and file
with the party and the BCUC a Declaration and Undertaking form in respect of the use of the
confidential information before receiving a copy of the confidential information from the party.
The Declaration and Undertaking form is a binding commitment by the requestor: (i) to use the
confidential information disclosed exclusively for purposes related to the proceeding; (ii) to hold
the information in confidence; (iii) to not reproduce the document(s) disclosed; and (iv) to
return to the party the confidential document(s) or to destroy the confidential document(s)
within fourteen (14) days of the BCUC’s final decision in the proceeding. The BCUC may impose
any other additional conditions or safeguards as it considers appropriate in the circumstances.
24.04
Any party may object to a request for access to confidential information by filing an objection
with reasons in a timely manner. The BCUC will give the party claiming confidentiality and the
requestor an opportunity to reply to an objection.
24.05
The BCUC will render the final determination as to whether access will be granted to the
confidential information and the conditions on a party’s access.
5.0
PART V – RECONSIDERATION
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Requests for reconsideration of a BCUC decision, order, rule or regulation
25.01
For the purposes of Part V of these rules, any reference to a decision means a decision, an
order, a rule or regulation of the BCUC.
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25.02
The BCUC, on application or on its own motion, may reconsider a decision and may confirm,
vary or rescind the decision.
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Filing an application for reconsideration
26.01
A person, other than the applicant or an intervener in the original proceeding that gave rise to
the decision, may not file an application for reconsideration without obtaining prior permission
of the BCUC. In applying to the BCUC for permission to file an application for reconsideration,
the person seeking permission must explain:
a) why the person did not participate in the original proceeding; and
b) how the person is directly or sufficiently affected by the decision or how the person
has experience, information, or expertise relevant to a matter arising from the
decision.
26.02
Subject to Rule 26.03, unless prior permission of the BCUC is obtained, an application for
reconsideration must be filed with the BCUC within 60 days of the issuance of the order or the
reasons for decision, whichever is later.
26.03
Unless prior permission of the BCUC is obtained, an application for reconsideration of a decision
issued in relation to a participant assistance/cost award must be filed within 30 business days of
the decision being issued.
26.04
An application for reconsideration must be filed in accordance with the rules pertaining to
document filing and must:
a) be in writing and, unless prior permission of the BCUC is obtained, not longer than 30
pages (excluding appendices and/or attachments);
b) identify the decision affected;
c) state the applicant’s name and the representative’s name (if applicable);
d) describe the impact of the decision and how it is material;
e) set out the grounds for reconsideration in accordance with Rule 26.05; and
f) set out the remedy the applicant is seeking.
26.05
An application for reconsideration of a decision must contain a concise statement of the
grounds for reconsideration, which must include one or more of the following:
a) the BCUC has made an error of fact, law, or jurisdiction which has a material bearing on
the decision;
b) facts material to the decision that existed prior to the issuance of the decision were not
placed in evidence in the original proceeding and could not have been discovered by
reasonable diligence at the time of the original proceeding;
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c) new fact(s) have arisen since the issuance of the decision which have material bearing
on the decision;
d) a change in circumstances material to the decision has occurred since the issuance of
the decision; or
e) where there is otherwise just cause.
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Stay of decision
27.01
An application for reconsideration of a decision does not automatically stay or suspend the
operation of the decision.
27.02
The BCUC may, in its discretion or on application, stay the operation of the decision in the
original proceeding, or part thereof, pending the outcome of the reconsideration on terms the
BCUC considers appropriate.
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Summary dismissal of a reconsideration application
28.01
Upon the filing of an application for reconsideration of a decision, the BCUC may, without
further process, summarily dismiss the application, in whole or in part, on the basis that it fails
to establish, on its face, any reasonable grounds for reconsideration of the decision.
28.02
In the event the BCUC summarily dismisses an application for reconsideration of a decision in
whole, the BCUC will make publicly available both the application and the final order with
reasons.
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Reconsideration hearing
29.01
In the event the BCUC does not dismiss the whole application for reconsideration pursuant to
Rule 28.01, the application for reconsideration or the portion of the application that is not
dismissed will proceed to a hearing.
29.02
Parties to the original proceeding will be notified that the BCUC is conducting a hearing on the
application for reconsideration.
29.03
Any person who wishes to intervene in the reconsideration hearing must make such request in
accordance with the rules pertaining to requests for intervener status in a proceeding.
29.04
The BCUC will determine the regulatory process for the reconsideration hearing, which may
include, but is not limited to:
a) whether the hearing will be wholly, or in part, written, oral, or a combination thereof;
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b) a determination as to whether any new evidence or evidence of a change of
circumstances will be permitted on the reconsideration hearing and the timing of
submissions on these issues;
c) the scheduling of oral hearings, if any;
d) the scheduling of arguments, if any; and
e) any other procedural directions the BCUC considers appropriate.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.