Labour — Continued
Report on Performance
Introduction
This section describes the progress made by Labour over 2005/06 towards achieving the three goals outlined in the 2005/06 – 2007/08 Service Plan Update published in September 2005.
Goal 1: | Fair and balanced employment standards that promote mutually beneficial relationships between employees and employers. |
Goal 2: | Promote good relationships in the labour relations community from which productive and competitive workplaces can be developed. |
Goal 3: | Safe and healthy workplaces and a workers' compensation system that is responsive to the needs of employees and employers alike. |
Since the publication of the Service Plan Update in September 2005, the 2006/07 – 2008/09 Service Plan was developed. The 2006/07 – 2008/09 Service Plan represents a substantial departure from the 2005/06 – 2007/08 Service Plan Update in that Labour adopted a "Balanced Scorecard" approach to ensure that its goals and objectives represented a balance of several different perspectives (stakeholders, effectiveness and innovation). In addition, the number of performance measures was substantially reduced from 30 to eight.
It is the intent in this 2005/06 Annual Service Plan Report to indicate the ministry's future direction as set out in the 2006/07 – 2008/09 Service Plan. Labour requires all program areas to maintain detailed data collection mechanisms to ensure reporting is credible, reliable and relevant. Many of the measures contained in this Annual Service Plan Report that were discontinued in the 2006/07 – 2008/09 Service Plan will continue to be tracked and reported at the branch/program area level. See Appendix 1 for a complete listing of the measures contained in the 2005/06 – 2007/08 Service Plan Update that were discontinued in the 2006/07 – 2008/09 Service Plan.
Note: The Methodology Report (available at http://www.labour.gov.bc.ca/pubs/related/pmr-ar_labour.pdf) provides an overview of Labour's performance management system and additional details for each measure.
Overview
The 2005/06 – 2007/08 Service Plan Update set out three goals for Labour. Eighteen strategies were listed in the plan, and a total of 30 performance measures were identified to measure progress on these strategies.
For the 30 measures in the plan:
- 10 targets were exceeded;
- 11 targets were met or substantially met;
- three targets were not met; and
- the remaining six were new measures where baselines were established in 2005/06 against which targets were to be established in future years.
The following tabular summary displays the goals, objectives, strategies and corresponding measures, as well as a clear indication as to whether these measures have been met.
Goals, Objectives, Strategies and Performance Measures
Goal 1: Fair and balanced employment standards that promote mutually beneficial relationships between employees and employers.
Ensuring British Columbia has fair and balanced employment standards that promote mutually beneficial relationships between employees and employers is integral to government's goal of promoting a strong and vibrant provincial economy. Four objectives were developed to meet this goal.
Objective 1: Enhanced prevention and early intervention functions of the Employment Standards Branch.
To meet the objective, three strategies were implemented, and the following achievements were attained.
- Improved availability of employment standards and dispute resolution information through continued development of fact sheets for the public. Industry and sector specific informational material have also been developed and the Employment Standards Branch is working in collaboration with relevant associations to promote distribution of the material.
- Significantly greater emphasis on education and awareness initiatives by working together with industry and the labour community. These initiatives are aimed at increasing employers' and employees' awareness, knowledge and understanding of the Employment Standards Act, and include providing information sessions at conferences and delivering almost three times the number of education sessions province-wide in the current year as has occurred in preceding years.
- Continuing with sector specific initiatives such as the memoranda of understanding covering workers and employers in the restaurant, film, agriculture and garment industries. The branch has also been working in co-operation with the employers' association and stakeholders in the silviculture sector to increase compliance.
Performance Measure | 2004/05 Benchmark |
2005/06 Target |
2005/06 Actual |
Target Met? |
---|---|---|---|---|
Number of complaints received by ESB | 5,015 | < 5,015 | 5,384 | ![]() |
Number of speaking engagements, training sessions and seminars | 77 | > 77 | 223 | ![]() |
Average monthly ESB website hits | 353,999 | Constant or increased hits | 350,043 | ![]() |
Percentage of workforce working in industries covered by sector specific initiatives | 10.4% | > 10.4% | 11.0% | ![]() |
Number of contraventions within industries covered by sector specific initiatives | 293 | > 293 | 302 | ![]() |
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The performance measures were selected as indicators of the impact of effective and enhanced prevention and early intervention activity, as follows.
- The number of complaints received by the Employment Standards Branch is a long-term indicator of the extent to which employer practices attract complaints. The goal was that prevention and early intervention initiatives would reduce the number of complaints as awareness of employee and employer rights and obligations increases, and as they learn to resolve issues before formal complaints become necessary. However, there was a slight increase in the number of complaints in 2005/06. The factors that may account for the increase include a change in Employment Standards Branch requirements that exempted additional vulnerable workers from the requirement to utilize the self-help process, the possibility that increased awareness through the branch's education activities has led to an initial increase in complaints, and the impact of higher overall employment levels.
- The number of speaking engagements, training sessions and seminars is a measure of the Employment Standards Branch's education efforts in promoting knowledge and awareness in the employer and employee communities. The Employment Standards Branch expected to increase its education activities, particularly among young people and new workers and among the workforce impacted by sector specific initiatives, and it exceeded those expectations.
- The average monthly Employment Standards Branch website hits is an indicator of public knowledge and awareness of Employment Standards Branch services. The expectation was that average monthly website hits would remain constant or increase slightly. This target was considered to have been substantially achieved because the 2005/06 actuals were at 99 per cent of target.
- The percentage of the British Columbia workforce working in industries covered by sector specific initiatives is a measure of the Employment Standards Branch's efforts to foster mutual co-operation and communication between government, industry and employees in sectors where vulnerable workers are concentrated. The goal of these sector specific initiatives, which may include partnership agreements, such as Memoranda of Understanding, or targeted enforcement operations is to protect vulnerable workers while increasing prosperity in the workplace. For 2005/06, the measure was calculated by dividing the number of persons working in the restaurant and food services industry, the primary agricultural production sector, the film industry and garment workers by the total number of paid employees working in British Columbia.
- Contraventions within industries covered by sector specific initiatives may be considered an indicator of the impact of these initiatives. It was anticipated that the number of contraventions within industries covered by sector specific initiatives would increase over the short to medium term as knowledge and awareness of employment standards increases. Over the longer term, however, it is anticipated that the number of contraventions will decrease as employers and employees mutually develop a better understanding of employment standards. In 2005/06, the number of contraventions within these industries increased slightly.
Objective 2: Employment standards disputes resolved prior to adjudication.
Achievements relative to this objective include:
- Continuing with early intervention and alternative dispute resolution efforts and mediation; and
- The Self-Help Kit was reviewed and revised, which resulted in a substantial reduction in its size and complexity.
Performance Measure | 2004/05 Benchmark |
2005/06 Target |
2005/06 Actual |
Target Met? |
---|---|---|---|---|
Self-Help Kit downloads | 35,542 | 35,542 | 51,496 | ![]() |
Proportion of cases closed prior to adjudication | 78% | > 78% | 79.2% | ![]() |
Timeliness of cases addressed prior to adjudication | New measure | Develop baseline | Within 180 days | ![]() |
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The performance measures were selected as indicators of the Employment Standards Branch's success in facilitating the resolution of disputes prior to adjudication. Specifically:
- The number of Self-Help Kit downloads in 2005/06 is an indicator of the extent to which the public is accessing the branch's dispute resolution tool-kit. The Self-Help Kit was a new concept developed and produced during 2003/04. The expectation was that utilization of the Self-Help Kit would increase over the short to medium term as the public familiarizes itself with the kit, and that usage would stabilize over the longer-term;
- The proportion of cases closed prior to adjudication is a direct measure of the Employment Standards Branch's success in employing early intervention and alternative dispute resolution methods. The expectation was that the proportion of cases closed prior to adjudication would increase in 2005/06; and
- Timeliness of cases addressed prior to adjudication is a new measure that tracks the amount of time cases can be in the system before a decision must be rendered by way of formal adjudication. In 2005/06, a new information system was implemented that has provided the Employment Standards Branch with detailed timeliness data. In future years, the expectation is that in excess of 82 per cent of all cases will have been resolved or otherwise have a decision rendered within 180 days.
Objective 3: Ensure the quality and consistency of determinations issued by the Employment Standards Branch, thereby reducing the number of decisions overturned by the Employment Standards Tribunal.
To meet this objective, one strategy was implemented. Achievements include:
- Advanced training for staff on administrative fairness, decision writing and a review and revision of interpretation materials upon which staff rely; and
- Enhancements to internal review and quality control processes through the establishment of "lead hand" roles and a process to assist with internal review of decisions.
Performance Measure | 2004/05 Benchmark |
2005/06 Target |
2005/06 Actual |
Target Met? |
---|---|---|---|---|
Timeliness of cases at the adjudication state or later | New measure | Develop baseline | 6 weeks from hearing to decision | ![]() |
Determinations upheld by the EST | 70% | >70% | 78% | ![]() |
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The performance measures were selected as indicators of the timeliness and quality of the Employment Standards Branch's decision-making. Specifically:
- Timeliness of cases addressed at the adjudication stage or later is a new measure that tracks the amount of time required for adjudicating cases that cannot be resolved by early intervention and alternative dispute resolution. In future years, the expectation is that decisions resulting from an adjudication hearing will be issued to the parties within 45 days of the conclusion of the adjudication process in 90 per cent of cases; and
- Determinations upheld by the Employment Standards Tribunal (EST) may be considered an indicator of the quality and consistency of Employment Standards Branch adjudication decisions. The Tribunal may choose not to uphold Employment Standards Branch decisions for a number of reasons including new evidence being accepted during the appeal process that was not available to the branch at the time of the original decision. However, in 2005/06, the expectation was that the proportion of determinations upheld by the Tribunal would increase.
Objective 4: The Employment Standards Tribunal continues to provide timely, consistent and quality decisions.
To meet this objective, the Employment Standards Tribunal strengthened its systems, practices and procedures to meet quality and timeliness targets.
Performance Measure | 2004/05 Benchmark |
2005/06 Target |
2005/06 Actual |
Target Met? |
---|---|---|---|---|
Days lapsed from appeal or reconsideration to disposition (average) | 90 | 90 | 75 | ![]() |
Per cent of cases decided within 90 days of date of appeal | 73% | 73% | 84% | ![]() |
Per cent of decisions received within 20 days of assignment to a Member of the Tribunal | 90% | 90% | 92% | ![]() |
Per cent of reconsideration request decisions that confirm the original appeal decision | 85% | 85% | 85% | ![]() |
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The performance measures were selected to provide different insights into the timeliness and quality of Employment Standards Tribunal decisions. Specifically:
- Average number of days lapsed from when a matter is appealed to the Tribunal to its disposition is a timeliness measure that shows how long matters can be before the Tribunal. The expectation was that there would be a reduction in average days lapsed in 2005/06;
- Per cent of cases decided within 90 days of date of appeal is also a timeliness measure that shows how many less complex cases are disposed of within the 90 day standard. The expectation was that this proportion would increase in 2005/06;
- Per cent of decisions received within 20 days of assignment to a member of the Tribunal is a timeliness measure. The expectation was that this proportion would increase in 2005/06; and
- Per cent of reconsideration request decisions that confirm the original appeal decision may be considered an indicator of the quality and consistency of Employment Standards Tribunal decisions. The expectation was that this proportion would increase in 2005/06.
Goal 2: Promote good relationships in the labour relations community from which productive and competitive workplaces can be developed.
This goal is based on the premise that ensuring labour stability in the province is key to providing the foundation for strong and vibrant provincial economic development and employment growth. Four objectives were developed to meet this goal.
Objective 1: Encourage confidence in the Labour Relations Board.
To meet this objective, two strategies were implemented that were focused on providing information to Labour Relations Board (LRB) clients about the Labour Relations Code and industrial relations practices, and to improve the responsiveness of the Labour Relations Board to the needs of employees, unions and employers. Achievements include:
- Posting "Innovation and Success Stories" case studies on the Board's website. These are concrete examples of the new framework for labour relations that was established in the 2002 amendments to the Labour Relations Code, and they show how parties have successfully focused on innovative problem solving; and
- In a number of cases before the Board in 2005, urging the parties to use the problem solving approach set out in section 53 of the Labour Relations Code.
Performance Measure | 2004/05 Benchmark |
2005/06 Target |
2005/06 Actual |
Target Met? |
---|---|---|---|---|
Number of LRB website hits | 241,000 | >241,000 | 175,368 | ![]() |
Number of issues brought to the attention of the LRB that are addressed before becoming formal applications | New measure introduced in 2005/06 Service Plan Update | Acquire baseline data | 124 | ![]() |
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The performance measures were selected to provide insights into the Board's efforts in improving access and responsiveness and in better meeting the needs of employees, unions and employers. Specifically:
- Number of Labour Relations Board website hits is an indicator of public knowledge and awareness of Labour Relations Board information and services. The expectation was that an increase would be observed in 2005/06. However, the number of website hits was down in 2005/06 from about 241,000 to 175,368; and
- Number of issues brought to the attention of the Labour Relations Board that are addressed before becoming formal applications is an indicator of the extent to which the Board is able to simplify its intake procedures by resolving issues before they formally enter the system. This was a new measure in 2005/06. The expectation is that the number of issues resolved in this way will increase over the 2005/06 actuals in future years.
Objective 2: Increase number of Labour Relations Code applications that are resolved prior to adjudication.
Three strategies were implemented to meet this objective, which were all focused on continuing to promote the new framework for labour relations established by the 2002 amendments to the Labour Relations Code. Initiatives included:
- Encouraging and promoting co-operation between employers and trade unions in resolving workplace issues, adapting to changes in the economy, and developing a workforce and a workplace that promotes productivity. This was accomplished both through Board decisions that analyzed and addressed issues according to these principles, and by assisting the parties to resolve disputes before they must be formally adjudicated; and
- Encouraging alternative dispute resolution processes.
Performance Measure | 2004/05 Benchmark |
2005/06 Target |
2005/06 Actual |
Target Met? |
---|---|---|---|---|
Number of applications and complaints disposed of | 2,259 | 2,259 | 2,166 | ![]() |
Percentage of disputes settled without formal decisions, order or declaration | 66% | >66% | 70% | ![]() |
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The performance measures were selected as indicators of the Board's ability to resolve disputes prior to adjudication. Specifically:
- Number of applications and complaints disposed of is an indicator of the overall volume of activity at the Labour Relations Board. The expectation was that this number would remain constant. On one hand, it was anticipated that there may be a reduction in the number of applications and complaints as the number of disputes that are settled without a formal decision increase. However, it was also expected that other social and economic factors external to the Labour Relations Board, including improving economic conditions, would also have an impact on the number of applications coming before the Board. This measure is considered to have been substantially met because the expected increase arising from factors external to the Board appear to have been more than offset by the reduction that can be attributed to the number of disputes settled without a formal decision; and
- Percentage of disputes settled without formal decision, order or declaration is an indicator of the Board's success in using alternative dispute resolution for settling disputes. Disputes that come to the Labour Relations Board include: unfair labour practice complaints (ss. 5 – 12); and applications under sections 32 and 45 and Part 5 applications (ss. 57 – 70). Applications under sections 55 and 74 of the Labour Relations Code are excluded from this calculation and are instead listed separately under Objective 3. The expectation was that the percentage of disputes settled in this way would increase, indicating the Board's success in using and promoting alternative dispute resolution.
Objective 3: Increase collective bargaining mediation success rate.
The one strategy that was implemented to support this objective was focused on encouraging the use of collective bargaining mediation. Achievements include:
- Increasing the percentage of collective bargaining mediation files settled by mediation; and
- Increasing the number of mediator appointments.
Performance Measure | 2004/05 Benchmark |
2005/06 Target |
2005/06 Actual |
Target Met? |
---|---|---|---|---|
Percentage of mediation applications settled (ss. 55 and 74) | 74% | >74% | 84% | ![]() |
Number of mediator appointments | 128 | >128 | 129 | ![]() |
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The performance measures that were selected are direct measures of these achievements. Specifically:
- The percentage of mediation applications settled under sections 55 and 74 of the Labour Relations Code measures the percentage of collective bargaining disputes that were settled with the assistance of a mediator that could otherwise have resulted in strikes or lockouts. The expectation for 2005/06 was that a greater proportion of collective bargaining disputes would be settled by mediation; and
- The number of mediators appointed in 2005/06 is a measure of the Board's overall involvement in collective bargaining mediation. The expectation for 2005/06 was that the number of mediators appointed would increase.
Objective 4: Issue decisions in a timely manner.
To meet this objective, the Labour Relations Board strengthened its systems, practices and procedures to meet timeliness targets.
Performance Measure | 2004/05 Benchmark |
2005/06 Target |
2005/06 Actual |
Target Met? |
---|---|---|---|---|
Average number of backlog cases | 37 | <37 | 25 | ![]() |
Average number of days from receipt of application to decision — calculated by case | New measure introduced in 2005/06 Service Plan Update | Acquire baseline data | 126 | ![]() |
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The performance measures were selected to provide insights into various facets of Labour Relations Board timeliness. Specifically:
- Average number of backlog cases is an indicator of the Board's ability to consider and to bring cases to resolution in a timely manner. In general, a case is seen as part of the backlog if it has been assigned for more than 90 days and no hearing will be held, or where a hearing has been completed and more than 45 days have passed. The expectation was that the backlog would be reduced in 2005/06; and
- Average number of days from receipt of application to decision is a new measure that tracks the average amount of time (in days) from when an application has been filed to the issuance of a decision. The expectation is that reductions in future years will be observed from the baseline that has been established in 2005/06.
Goal 3: Safe and healthy workplaces and a workers' compensation system that is responsive to the needs of employees and employers alike.
This goal is key to supporting government's goals of promoting healthy communities and a strong and vibrant provincial economy. Two objectives were developed to meet this goal.
Objective 1: Better compliance with the Workers Compensation Act and the Occupational Health and Safety Regulation by providing responsive, independent and expert advice, assistance and representation to workers and employers.
The Ministry has a direct accountability for the provision of responsive, independent and expert advice and assistance to workers and employers through the Workers' Advisers Office and the Employers' Advisers Office. Achievements include:
- The 5,313 participants attending Employers' Advisers Office seminars is the highest number to participate in any year that the office has not also delivered a specific one-time educational initiative. This illustrates the significant interest for educational services in the employer community and serves to reinforce the Employers' Advisers Office's commitment to provide educational services to employers;
- The Workers' Advisers Office collaborated with the Employers' Advisers Office and the Employment Standards Branch to develop and deliver training programs to mutual stakeholder groups; and
- The Workers' Advisers Office website is recognized as having met North American standards for web content accessibility for disabled users.
Performance Measure | 2004/05 Benchmark |
2005/06 Target |
2005/06 Actual |
Target Met? |
---|---|---|---|---|
Inquiries responded to by Workers' Advisers Office | 110,885 | 110,885 | 117,079 | ![]() |
Number of Workers' Advisers Office Self-Help Kits distributed | 5,062 | >5,062 | 4,901 | ![]() |
Workers' Advisers Office public education seminar participation | 848 | >848 | 876 | ![]() |
Employers' Advisers Office Information and Skills Development seminar participation | 6,333 | >4,300 base | 5,513 | ![]() |
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The performance measures were selected to highlight the scope and extent of each office's activities in the worker and employer communities. Specifically:
- The number of inquiries responded to by the Workers' Advisers Office is a workload measure that may also be considered as an indicator of its "reach" into the worker community. The expectation was that the number of inquiries responded to would stabilize in 2005/06 at approximately the same levels that were observed in 2004/05. The measure refers to documented brief service advice. It does not include general inquiries;
- Number of Workers' Advisers Office Self-Help Kits distributed is an indicator of the extent to which the public is accessing the office's dispute resolution toolkit. The expectation was that utilization of the dispute resolution toolkit would remain stable or increase slightly over time as the worker community familiarizes itself with the toolkit. This target is considered to have been substantially achieved, with 2005/06 actuals coming in at 97 per cent of target;
- Workers' Advisers Office public education seminar participation is a measure of the office's education activities. These activities are focused primarily on individuals who themselves provide assistance to injured workers, and includes injured workers, worker representatives, constituency assistants and other public groups. The expectation was that a modest increase would be observed in 2005/06 due to anticipated growth in employment rates, particularly in the construction industries; and
- Employers' Advisers Office Information and Skills Development seminar participation is a measure of the office's education activities. This measure tracks individual participants, including employers, workers, safety committee members and professionals who attend Employers' Advisers Office seminars on various components of workers' compensation legislation. The 2005/06 target was to meet or exceed a base of 4,300 after taking out extraordinary fluctuations. The number of participants was greater in 2004/05 given a one-time initiative dealing with the new performance-based First Aid regulation.
Objective 2: Increase efficiency of appeal system.
To meet this objective, strategies were developed that were aimed at eliminating the appeal backlog at the Workers' Compensation Appeal Tribunal (WCAT), and aligning the contributions of the Workers' and Employers' Advisers Offices to an efficient and responsive appeal system through the assistance, guidance and service they provide. Specific accomplishments include the following:
- Employers' Advisers Office participation in all Workers' Compensation Appeal Tribunal Precedent and Lawfulness Review Decisions, as well as participation in over 250 deregistered appeal proceedings, assisted with the creation of an efficient, responsive compensation appeal system. By participating, the Employers' Advisers Office makes certain that issues are canvassed thoroughly and efficiently, minimizing delays and ensuring effective use of panel time;
- The Workers' Advisers Office collaborated with WCAT on a backlog appeals inventory strategy by providing branch commitments to participate in oral hearings and provide written submissions in a timely manner; and
- The Workers' Advisers Office introduced a practice of communicating quickly by letter to injured workers who do not have a reasonable opportunity of success through review/appeal.
Performance Measure | 2004/05 Benchmark |
2005/06 Target |
2005/06 Actual |
Target Met? |
---|---|---|---|---|
Number of workers' appeals impacted by the Workers' Advisers Office as a proportion of all appeals in the system | New measure introduced in 2005/06 Service Plan | Acquire Baseline Data | not available1 | ![]() |
Number of appeals impacted by the Employers' Advisers Office as a proportion of all appeals in the system | New measure introduced in 2005/06 Service Plan | Acquire Baseline Data | 8.5% | ![]() |
Employers' Advisers Appeals Intervention closures | 256 | 475 | 284 | ![]() |
Backlog of appeals acquired from old system at implementation of WCAT | 4,478 | 0 | 203 | ![]() |
1 A total of 4,632 appeals was impacted by the Workers' Advisers Office. The total number of appeals in the system for this period was not available as of the date of publication. | ||||
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The performance measures were selected with a view to directly measuring the Workers' Compensation Appeal Tribunal's success in eliminating the appeal backlog, and attempting to shed light onto the contributions of the Workers' and Employers' Advisers Offices to the efficiency and responsiveness of the appeal system. Specifically:
- The number of workers' appeals impacted by the Workers' Advisers Office as a proportion of all appeals in the system was intended as a measure of the extent to which the office's advisory and representation activities contributes to an effective and responsive appeals system. This was a new measure that is reported for the first time in the 2005/06 – 2007/08 Service Plan Update;
- The number of appeals impacted by the Employers' Advisers Office as a proportion of all appeals in the system is a measure of the extent to which the office's advisory and representation activities contributes to an effective and responsive appeals system. This measure is reported for the first time in 2005/06;
- Employers' Advisers appeals intervention closures measures the number of appeals that were closed as a result of advice provided by the Employers' Advisers Office. This measure reflects the constructive role that the office can play in encouraging employers to withdraw appeals that have no chance of success. The expectation was that there would be a substantial increase in appeal intervention closures in 2005/06 based upon a strong upward trend that had started the previous year. However, the 2005/06 target overestimated the potential opportunities for early intervention closures. Although there was an increase in 2005/06 over the 2004/05 benchmark, the total number fell short of the target; and
- Backlog of appeals acquired from the old system at implementation of the Workers' Compensation Appeals Tribunal is a direct measure of the backlog that the Tribunal had inherited from the review bodies that preceded the Tribunal. The expectation was that the backlog would be eliminated in 2005/06. This target was achieved. A total of 203 appeals remain in this system out of the 22,446 appeals that the Tribunal acquired from the old system on March 31, 2003. These remaining appeals are those in which parties have requested a delay or further information is required.
Deregulation
Labour and WorkSafeBC have met their deregulation commitments since fiscal 2002/03 and developed legislation, regulation and policy using the regulatory reform policy. Labour and WorkSafeBC also continue to support government's regulatory reform initiative and review regulatory requirements to identify opportunities for further reduction. The ministry continues to implement the government's smart regulation policy by simplifying and reducing unnecessary regimes and by ensuring that any new regulations are necessary.