Employment & Assistance Appeal Tribunal of BC

Late Submissions – Written Hearing

This guideline provides proper considerations in determining whether to accept a submission received after the date it was due as set out in the schedule of submissions for that written hearing.

The decision whether to accept a late submission must be made by:

  • the Tribunal Chair if a panel has not yet been appointed
  • The panel chair if a panel has been appointed

The panel must always consider the overall principle of fairness as well as keep in mind that an objective of the overarching legislation is to provide a speedy resolution to an appeal.

While exercising discretion, take into account:

  • reasons for the late submission
  • whether the late submission contains additional evidence (see Additional Evidence Guideline)
  • whether refusal of the late submission would permit an adequate hearing to be held
  • whether the party’s interests are prejudiced by not accepting the late submission
  • whether accepting the submission would cause unreasonable delay, and
  • the impact of accepting or refusing the late submission, including prejudice to the other party

The Tribunal will issue a decision in writing to the parties and, if the submission is accepted, the other party will be given seven (7) business days to provide a written submission in response.

Last Updated October 2013