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DESCRIPTION of LEAP
The British Columbia Nurses' Union (BCNU) Legal Expense Assistance Plan (LEAP or the Plan) was established October 1, 1988, primarily to assist BCNU members with certain legal problems which arise out of work-related incidents occurring in BCNU-certified worksites and giving rise to professional review or an inquest.
The Plan is funded through contributions made by members of the BCNU and the funding needs are assessed from time to time by the BCNU Council. The Plan is responsible for all expenses incurred in connection with its administration and operation, meeting expenses of the Committee, legal fees and disbursements for consultations, and all other direct expenses so incurred.
The LEAP Advisory Committee of BCNU is responsible for the direction and review of the Plan. The Committee or its designate approves all applications and appeals. Approval may also be given for appeals related to professional conduct decisions. The Plan does not pay all legal expenses and member/participants may incur legal expenses for which they will be personally responsible. Only approved expenditures are paid for by the Plan. The LEAP Advisory Committee also makes recommendations to Council concerning issues that impact on members' abilities to practice due to professional conduct legislation and to inform the membership about the status of the Plan.
GENERAL INSTRUCTIONS AND ELIGIBILITY
- The Plan will be applicable only to incidents that are directly job-related, that occurred in a BCNU-certified worksite, and for the following:
(a)professional conduct review under the appropriate professional act;
(b) appeals of decisions under the appropriate professional act; and
(c) inquests regarding events arising from the member's employment.
If the review or appeal involves incidents which occurred at more than one worksite, then only that portion of the eligible costs which pertain to the BCNU-certified worksite will be covered by LEAP.
- Eligibility of Applicants
Eligibility for benefits under the Plan is limited to members who:
(a) were members of BCNU at the time of the incident, and
(b) the incident occurred while working in a bargaining unit for which BCNU was certified at the time of the alleged incident for which legal assistance is being sought.
- Approval of Applicants
(a) The applicants to LEAP are approved by the LEAP Advisory Committee or its designate. Eligibility criteria is set from time to time by the committee and approved by BCNU Council.
(b) An applicant may not be approved if:
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an independent tribunal has upheld the employer's decision to discipline the applicant;
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a criminal court has found the applicant guilty and convicted him/her;
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there are insufficient funds;
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the Plan has been terminated;
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where the incidents being investigated do not arise at the place of employment, they must be related to the member's employment as a BCNU nurse in a BCNU certified bargaining unit. Approval for coverage will be at the discretion of the LEAP Advisory Committee or designate; or
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in the opinion of the Committee, there are other reasons to refuse assistance. |
(c) On any subsequent application by a member who has previously accessed the plan, the Committee will carefully review the circumstances of the claim to determine whether there are compelling reasons to permit the claim.
- General Conditions
The LEAP Advisory Committee or its designate will select and direct legal counsel. Should the member/participant wish a second legal opinion, the legal expenses associated with this activity shall be the member's. If the member has concerns about the management of their case, the Administrator of the Plan should be contacted. If circumstances warrant a change in legal counsel, this may be directed by the LEAP Advisory Committee or its designate.
- Disqualification
(a) The Committee or its designate retains and instructs legal counsel on behalf of the Plan. Participants must comply with the legal counsel's advice in order to remain funded by the Plan. Failure to do so may result in disqualification.
(b) The participant will be disqualified from the Plan if they opt to use another lawyer.
(c) If a member/participant changes legal counsel on their own volition all expenses incurred will be theirs alone and they will be disqualified from the Plan.
(d) If a suitable agreement is negotiated through the Consensual Complaint Resolution Process and the member insists on an CRNBC inquiry the LEAP committee may decide not to fund the inquiry.
BENEFITS SUMMARY
(1) Expenses that may be covered by the Plan (approval is required):
(a) legal expenses at an hourly rate acceptable to the Plan;
(b) office expenses such as photocopying, fax, telephone, mail and transcript costs;
(c) the member's expenses for meals, travel and accommodation according to BCNU policy;
(d) other expenses related to the case may be considered on an individual basis.
(2) Exclusions
The Plan will not reimburse any amounts arising out of the following:
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fines and penalties;
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personal expenses other than those set out in III (1)(b) and (c);
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damages awarded against the participant;
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loss of income; and
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any legal expenses in respect of actions against the BCNU.
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LEAP ADVISORY COMMITTEE
The Committee shall be composed of five members selected by the Chair and approved by Council as follows:
One (1) member small Acute Care
One (1) member medium Acute Care
One (1) member large Acute Care
One (1) member Long Term Care
One (1) member Public Service/Community
One(1) of the above members shall be the Chair as well as a member of Council.
One(1)Administrator - who shall be a designated staff member of the BCNU.
Appeals of Committee Decisions
If an applicant or participant has a dispute regarding a decision of the Committee concerning eligibility, an appeal may be made to the LEAP Appeal Committee. (The Executive of the Council of BCNU shall comprise the LEAP Appeal Committee.) The decision of the LEAP Appeal Committee shall be final and binding on all parties.
GUIDELINES of LEAP
CONDITIONS
(1) The Plan will reimburse the lawyer only to the extent that the amounts are approved by the Administrator.
(2) Costs awarded to the participant
(a) by the professional tribunal and
(b) by any court shall be applied to reduce any claim for reimbursement of legal expenses (see Definition of Legal Expenses on page 6 of VI. BENEFIT SUMMARY, paragraph (2) under the Plan.
(3) To obtain approval for expenses under the Plan, prior to incurring costs the lawyer must discuss with the Administrator a preliminary defense plan, a description of legal services anticipated and an estimate of the cost of proposed legal services.
(4) All documentation is submitted to the Administrator.
(5) The Administrator may demand the taxation under the Legal Profession Act of any account submitted by the lawyer for a participant covered by the Plan. If taxation is recommended by the Administrator, all reasonable legal expenses incurred by reason of the taxation will be reimbursed by the Plan, subject to the provisions of the foregoing subparagraphs.
(6) All accounts rendered by the lawyer for which reimbursement is sought from the Plan must contain detailed description of the services performed, disbursements incurred, hours devoted to the participant's action, hourly rate charged by the lawyer and the exact amount of any costs awarded to the participant by the CRNBC and any court. The Plan Administrator will also require the lawyer to advise the Plan as to what fees the BCNU member will be charged beyond the hourly fee and disbursements permitted under the Plan, and, if so, the amounts billed directly to the BCNU member.
BENEFIT SUMMARY
(1) Extent of Benefits
Subject to the exclusions and limitations that follow, the Plan will reimburse the lawyer for expenses incurred in the defense of, representation of, legal counseling of or appeals by the participant with regard to professional conduct review, inquests and, in rare cases, other related legal proceedings arising out of job related incidents within a BCNU certification.
(2) Definition of Legal Expenses
"Legal Expenses" means fees and disbursements for conferences, legal counselling, investigation, preparation of documents, judicial or similar proceedings, and witness fees which have been approved by the LEAP Committee or designate.
(3) Limitations
(a) The maximum total amount in respect of legal fees for which reimbursement by the Plan will be made is $125 per hour.
(b) The maximum total amount reimbursable for the member/participant's meals, travel and accommodation shall be in accordance with the Policies of the BCNU, as from time to time amended.
(c) Unless otherwise specifically authorized by the Administrator of the Plan, no other costs or fees will be covered by the Plan.
(4) Reimbursement Limits
Subject to the foregoing restrictions, the Plan will reimburse as follows:
(a) Professional Conduct Review
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Complaint Stage - 100% of legal expenses.
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Discipline Committee Hearings - 100% of legal expenses.
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Consultation and preparation of submissions for appeals - 100% of legal expenses.
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With respect to any appeal, reimbursement shall be at the discretion of the LEAP Committee or designate.
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If the participant is called as a witness in matters arising out of the Act - 100% of legal expenses.
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Members' personal expenses for meals, travel, and accommodation will be provided as per BCNU Expense Policies as amended from time to time.
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A steward/member accompanying the participant to the discipline hearing.
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(b) Inquests
Inquests in which the participant has a substantial direct interest (i.e., the member is potentially liable) and arising out of job-related incidents.
The Plan will be applicable only to the following:
(a) Matters which are the result of an initial letter of notification of a complaint issued by a professional body.
(b) Summonses to appear as a witness at inquests arising out of job-related incidents.
APPROVAL PROCEDURE
(1) A member's application to LEAP will be considered by the LEAP Advisory Committee of the BCNU or their designate in accordance with the eligibility criteria set from time to time by that Committee and approved by the BCNU Council.
(2) Approval for activities of lawyers is obtained by consulting the Administrator of the Plan. All cases require a preliminary defense plan, a description of services and an estimate of expenses to be provided to the Administrator prior to commencing work on the matter in issue.
(3) Participants must comply with legal advice, defence strategy and, in order to be eligible, advice of the Administrator or designate for coverage by the Plan.
(4) Recommendations for appeals under the respective statute or application for Judicial Review requires the identification of the basis of appeal, benefits of appeal, probability of outcome and estimate of costs prior to proceeding.
(5) Appeals to decisions of the LEAP Committee are heard by the BCNU Executive Committee.
AMENDMENTS, SUSPENSION OR TERMINATION OF THE PLAN
The Plan may be amended, suspended or terminated by the Council of the BCNU at any time. BCNU members/participants will be notified of the date on which amendments, suspension or termination will take effect. During a suspension or after termination of the Plan, no expenses will be accepted. If the Plan is suspended or terminated, the expenses incurred under the Plan to the date of suspension or termination will be paid by the Plan. If the Plan is reinstated, member/participants affected by suspension or termination may make an application for reimbursement of legal expenses which would have been covered by the Plan.
FUNDING
In the event of suspension or termination of the plan, calculations will be completed to determine the amount of any unfunded liability. Contributors of the Plan will be advised by the BCNU of the amount of such unfunded liability and the amount and method of contribution required by each such contributor to discharge the unfunded liability. In the event of any excess funding upon termination of the Plan, such excess shall be the property of the BCNU.
TO MAKE A CLAIM
If you wish to make a claim under this Plan, please contact:
LEAP Administrator, BCNU
4060 Regent Street
Burnaby, B.C. V5C 6P5
(1-604-433-2268 or 1-800-663-9991)
An application form will be mailed to you for completion. Please return it as soon as possible, along with any copies of correspondence relevant to the case. You will be notified by mail and/or telephone if your application has been approved or denied.
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