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2nd Session, 42nd Legislature

This HTML version is provided for ease of use and is based on the bilingual version that was distributed in the Legislature after First Reading.

Bill 21

THE WORKERS COMPENSATION AMENDMENT ACT


  Bilingual version (PDF) Explanatory Note

(Assented to                                         )

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. W200 amended

1           The Workers Compensation Act is amended by this Act.

2(1)        Subsection 1(1) is amended

(a) by replacing the definitions "accident" and "occupational disease" with the following:

"accident", subject to subsection (1.1), includes

(a) a chance event occasioned by a physical or natural cause,

(b) a wilful and intentional act that is not the act of the worker, or

(c) an event or condition, or a combination of events or conditions, related to the worker's work or workplace,

that results in personal injury to a worker, including an occupational disease, post-traumatic stress disorder or an acute reaction to a traumatic event; (« accident »)

"occupational disease" means

(a) a disease prescribed by regulation as an occupational disease, or

(b) any other disease, other than an ordinary disease of life, that is attributable to causes or conditions that are

(i) peculiar to or characteristic of a particular trade or occupation, or

(ii) peculiar to the particular employment; (« maladie professionnelle »)

(b) by adding the following definition:

"board member" means an individual who is a member of the Board of Directors; (« administrateur »)

(c) in the definition "maximum annual earnings", by striking out "or the regulations";

(d) in the definition "medical aid", by striking out "and" at the end of clause (e) and adding the following after clause (e):

(e.1) academic or vocational training and rehabilitative assistance, and

(e) in the definition "minimum annual earnings", by striking out "established by regulation under clause 68(1)(a)" and substituting "prescribed by regulation".

2(2)        Subsection 1(1.1) is replaced with the following:

Restricted meaning of "accident"

1(1.1)      For the purposes of this Act, "accident" does not include

(a) any change in respect of the employment of a worker, including promotion, transfer, demotion, lay-off or termination; or

(b) an event or condition, or a combination of events or conditions, that results in mental stress unless

(i) the mental stress is an acute reaction to a traumatic event, or

(ii) subsection 4(5.8) applies.

2(3)        The section heading for subsection 1(3) is replaced with "Restricted meaning of "worker"".

2(4)        Subsection 1(12) is replaced with the following:

Deemed date of accident re occupational disease

1(12)       For the purposes of this Act, if a worker suffers an impairment or loss of earnings because of an occupational disease, the date of the accident is deemed to be the day on which the impairment or loss of earnings began, as determined by the board.

2(5)        Subsection 1(12.1) is repealed.

3(1)        Subsection 4(1.3) is amended by adding "and" at the end of clause (a), striking out "and" at the end of clause (b) and repealing clause (c).

3(2)        The following is added after subsection 4(4):

Presumption re prescribed occupational disease

4(4.1)      Despite subsection (4), if a worker

(a) has an occupational disease listed in column 1 of the schedule of occupational diseases prescribed by regulation; and

(b) was employed as described opposite in column 2 of the schedule in relation to that disease;

the worker's employment must be presumed to be the dominant cause of the worker's disease, unless the contrary is proven.

3(3)        The heading for subsection 4(5) is replaced with "Presumptions — accident arising out of employment".

3(4)        Subsection 4(5.8) is replaced with the following:

Presumption re post-traumatic stress disorder

4(5.8)      If

(a) a worker is exposed to a traumatic event or events of a type specified in the Diagnostic and Statistical Manual of Mental Disorders as a trigger for post-traumatic stress disorder;

(b) the event or events are related to the worker's work or workplace; and

(c) the worker has been diagnosed, after 2015, with post-traumatic stress disorder by a physician or psychologist;

the post-traumatic stress disorder must be presumed to be a personal injury from an accident arising out of and in the course of employment, unless the contrary is proven.

3(5)        Subsection 4(5.9) is repealed.

4           Section 11 is amended by striking out everything after "by this Part".

5           Section 14 is replaced with the following:

No waiver or contracting out

14          This Act applies despite any agreement to the contrary, and any waiver or release given in respect of a person's rights, obligations, benefits or protections under this Act is void.

6           Section 15 is replaced with the following:

No deduction from wages or contribution by worker

15          Except as permitted by this Act, an employer must not

(a) directly or indirectly deduct any amount from a worker's wages or benefits; or

(b) require or permit a worker to indemnify, or contribute to the indemnification of, the employer;

in respect of any liability imposed on the employer by or under this Part.

7           Section 16 is replaced with the following:

Offence and obligation to repay workers

16(1)       An employer who contravenes section 15

(a) commits an offence; and

(b) must repay to the worker any amount deducted or required or permitted to be contributed in contravention of section 15 in relation to that worker.

Board may reimburse workers

16(2)       The board may reimburse a worker for any amount deducted or required or permitted to be contributed in contravention of section 15. Any amount so reimbursed is a debt owing by the employer to the board and the payment of it may be enforced in the same manner as the payment of an assessment.

8           Subsection 18(4) is amended

(a) in the section heading, by striking out "and administrative penalty"; and

(b) in the section, by striking out everything after "an offence".

9           Subsection 18.1(2) is repealed.

10(1)       Subsection 19(2) of the English version is replaced with the following:

Application must be filed within one year

19(2)       Subject to section 109, no compensation in respect of an injury is payable under this Part unless application for the compensation is filed

(a) within one year after the day upon which the injury occurred; or

(b) if the applicant is a dependant, within one year after the death of the worker.

10(2)       Subsection 19(3) of the French version is amended, in the section heading and in the section, by striking out "l'assistance" and substituting "l'aide".

10(3)       Subsection 19(5) is amended

(a) by replacing the section heading with "Offence"; and

(b) by striking out everything after "an offence".

11          Subsection 19.1(4) is amended

(a) in the section heading, by striking out "and administrative penalty"; and

(b) in the section, by striking out everything after "an offence".

12(1)       Subsection 19.2(1) is amended by adding "The person must post such a notice as required by the board within the time specified by the board." at the end.

12(2)       Subsection 19.2(2) is amended

(a) in the section heading, by striking out "and administrative penalty"; and

(b) in the section, by striking out everything after "an offence".

13(1)       Subsection 23(1) is amended by striking out "or dependant".

13(2)       Subsection 23(3) is amended by striking out everything after "claim" and substituting ", and may not be assigned without the board's prior written approval.".

14(1)       Subsection 24(2) is replaced with the following:

Suspension of payments to imprisoned worker

24(2)       If a worker is imprisoned or detained in a correctional facility, jail or penitentiary, the board may, after due investigation, withhold or suspend the payment of compensation to the worker for any period the board considers appropriate.

14(2)       Subsection 24(3) is replaced with the following:

Payment of suspended compensation

24(3)       Any withheld compensation may be paid to dependants of the worker or to such other persons as the board considers appropriate.

14(3)       Subsection 24(3.1) is renumbered as subsection 24(8) and is amended by striking out "benefits" wherever it occurs and substituting "compensation".

14(4)       The following is added as subsection 24(7):

Board may determine how to pay compensation

24(7)       Subject to subsection (8), if the board considers it expedient and in the best interests of the worker or other person entitled to compensation, the board may pay compensation in such form and manner and to such person as the board considers appropriate.

15          Section 27 is replaced with the following:

MEDICAL AID

Board may provide medical aid

27(1)       The board may provide to a worker who is or may be entitled to compensation under this Part any medical aid the board considers necessary or advisable to cure or give relief to the worker or for the rehabilitation of the worker. For this purpose, "provide" includes "arrange for" and "pay or contribute toward the cost of".

Board may authorize employer to provide medical aid

27(2)       The board may authorize an employer to provide, at the board's expense and on terms fixed by the board, any medical aid that the board may provide.

Control and supervision by board

27(3)       Medical aid provided under this section is subject to the board's control and supervision. The board may determine the necessity and nature of the aid to be provided and how it is to be provided.

Selection of health care provider

27(4)       Without limiting subsection (3), the board may allow the worker to receive medical aid from a health care provider selected by the worker.

Transportation for medical treatment

27(5)       Immediately after a worker suffers an accident, the employer must, upon request by or on behalf of the worker, permit the worker to be transported to a health care facility for the provision of medical treatment.

Agreement for provision of medical aid or reports

27(6)       The board may enter into an agreement with a health care provider or health care facility for the provision of any medical aid under this section or medical reports to be provided under this Part.

Account to be filed within 12 months

27(7)       An account for medical aid or a medical report is not payable by the board unless it is filed with the board within 12 months after the medical aid was provided to the worker or the medical report was provided to the board, as the case may be.

16(1)       Subsection 28(1) is amended

(a) in the section heading, by striking out "to dependants of" and substituting "in respect of"; and

(b) in the section, by striking out "to the worker's dependants in accordance with" and substituting "in accordance with this section and".

16(2)       The following is added after subsection 28(1):

Deemed date of accident on death

28(1.1)     Where an accident results in a worker's death, the accident is deemed to have occurred on the date of death for the purpose of determining the amount of compensation payable under this Act. The board may adjust the worker's net average earnings to an amount that, in the board's opinion, represents the worker's probable earning capacity on the date of death, had the accident not occurred.

17          Clause 40(3)(d) is replaced with the following:

(d) any other deductions prescribed by regulation.

18          Clause 41(1)(c) is amended by striking out "by the board".

19(1)       Subsection 43(1) is amended by replacing the part before clause (a) with the following:

Benefit programs and group insurance plans

43(1)       The Board of Directors may, by regulation, establish a benefit program or group insurance plan that is general in application, or restricted to a specific group, for

19(2)       Subsection 43(3) is amended by striking out "established by the board" and substituting "established by the Board of Directors".

19(3)       Subsection 43(5) is amended

(a) by striking out "board" and substituting "Board of Directors"; and

(b) by striking out "as may be prescribed" and substituting "as it considers appropriate".

20(1)       Subsection 44(1) is replaced with the following:

Indexing — compensation and maximum annual earnings

44(1)       Subject to subsection (2), at the beginning of each year, each of the following amounts must be adjusted by applying the indexing factor determined under section 47 to the figure calculated under this section for that amount for the immediately preceding year:

(a) each amount of compensation referred to in this Part as a specific dollar amount;

(b) the maximum annual earnings to be determined under subclauses 46(2)(a)(ii) and (b)(ii).

20(2)       Subsection 44(3) is repealed.

21          Section 46 is replaced with the following:

Earnings above maximum annual earnings to be excluded

46(1)       In calculating a worker's earnings for the purposes of this Part, any earnings of the worker in excess of the maximum annual earnings for that year determined under clause (2)(a) or (b), as the case may be, are to be excluded.

Maximum annual earnings

46(2)       The maximum annual earnings in relation to an accident are as follows:

(a) in relation to an accident occurring in any year after 1991 and before 2006,

(i) for 1992, $45,500, and

(ii) for any year after 1992, the amount determined in accordance with section 44;

(b) in relation to an accident occurring in any year after 2020,

(i) for 2021, $150,000, and

(ii) for any year after 2021, the amount determined in accordance with section 44.

Information Note

There are no maximum annual earnings in relation to an accident occurring after 2005 and before 2021.

22          Subsection 47(5) is amended by striking out "the board may by regulation increase the indexing factor" and substituting "the indexing factor may be increased by regulation".

23(1)       Subsection 48(5) is amended by striking out "the board may by regulation increase the annual indexing factor" and substituting "the annual indexing factor may be increased by regulation".

23(2)       Subsection 48(9) is amended by striking out "the board may by regulation increase the biennial indexing factor" and substituting "the biennial indexing factor may be increased by regulation".

24          Subsection 49.3(15) is amended by striking out "the employer is subject to an administrative penalty under subsection 109.7(1)" and substituting "the board may impose an administrative penalty on the employer".

25           The following is added after subsection 50(5):

Not a reporting organization under Financial Administration Act

50(6)       Notwithstanding The Financial Administration Act, the board is deemed not to be a reporting organization for the purposes of that Act and section 19 of that Act does not apply to the board.

26           Section 50.1 is repealed.

27           Section 50.2 is replaced with the following:

Board of Directors

50.2(1)     The Board of Directors of the board is to consist of the persons appointed by the Lieutenant Governor in Council as follows:

(a) three members considered by the Lieutenant Governor in Council to be representative of the interests of workers and selected from a list of nominees provided by the Manitoba Federation of Labour;

(b) three members considered by the Lieutenant Governor in Council to be representative of the interests of employers and selected from a list of nominees provided by the Manitoba Employers Council;

(c) three members considered by the Lieutenant Governor in Council to be representative of the public interest and selected from a list of applicants for the position;

(d) the chair of the Board of Directors who has been nominated for the position by a consensus of the board members appointed under clauses (a) to (c).

CEO is ex officio member of Board of Directors

50.2(2)     The chief executive officer of the board is, by virtue of that office, a non-voting member of the Board of Directors.

Review of nominee qualifications

50.2(3)     The Board of Directors must review each list of nominees before it is presented to the Lieutenant Governor in Council under clause (1)(a) or (b) and may remove a nominee from a list if the directors determine that the nominee

(a) is not qualified to serve as a board member; or

(b) does not have the skills or experience required for the effective operation of the Board of Directors under this Act.

Minimum number of nominees

50.2(4)     Each list of nominees presented to the Lieutenant Governor in Council for the purpose of clause (1)(a) or (b) must contain at least two nominees for each board member position to be filled from that list.

Qualifications and criteria for board membership

50.2(5)     To assist in its review of nominees under subsection (3), the Board of Directors must establish

(a) qualifications for board members; and

(b) a description of the skills and experience that it considers necessary or advisable for the effective operation of the Board of Directors.

Term and eligibility for re-appointment

50.2(6)     Board members are to be appointed for a four-year term or any shorter term required to ensure that no more than 1/3 of the appointments expire in any year. Subject to the board's by-laws, board members are eligible for re-appointment when their terms expire.

After term expires

50.2(7)     A board member whose term expires continues to hold office until

(a) the Lieutenant Governor in Council re-appoints the member or appoints a successor in accordance with this section; or

(b) the member is removed from office in accordance with subsection (8).

Removal of director

50.2(8)     A board member may be removed from office by a resolution of the Board of Directors supported by at least 2/3 of the other board members.

Remuneration

50.2(9)     Board members are entitled to remuneration as determined by the Lieutenant Governor in Council. The remuneration is payable out of the accident fund.

28          Section 51 is amended

(a) in the English version, by striking out "chairperson" wherever it occurs and substituting "chair"; and

(b) in the French version, by striking out "membres" and substituting "administrateurs".

29          Section 51.1 is replaced with the following:

Functions of the board

51.1        The board, with the approval and supervision of the Board of Directors, may

(a) make or amend policies respecting compensation, compliance, rehabilitation, assessment, investment of the accident fund and prevention of workplace injury and illness;

(b) establish operating and capital budgets for the board;

(c) plan for the future of the compensation system; and

(d) plan for the prevention of workplace injury and illness.

30          The following is added after section 51.1:

Establishment of committees

51.2(1)     The Board of Directors must, by by-law, establish an audit committee and may establish any other committee that it considers necessary.

Committee composition

51.2(2)     The membership of each committee established under this section

(a) is to consist of

(i) the chair of the Board of Directors,

(ii) the chief executive officer, and

(iii) an equal number of board members representative of the interests of workers, employers and the public interest, one of whom must be designated as chair of the committee by the Board of Directors; and

(b) may include up to three non-board members who are appointed to the committee by the Board of Directors.

Qualifications of committee members

51.2(3)     The Board of Directors may establish qualifications for committee members for use in appointing committee members.

Remuneration for certain committee members

51.2(4)     Committee members other than board members are entitled to remuneration as determined by the Board of Directors. The remuneration is payable out of the accident fund.

Audit committee

51.3        The audit committee is to

(a) review and advise the board about any audit or investigation under section 69;

(b) review and make recommendations to the Board of Directors about the board's internal control procedures;

(c) review and approve the mandate of the board's internal auditor and the internal audit plans;

(d) periodically arrange and participate in meetings with the board's internal auditor and the auditor appointed under section 69 to review the results of the internal audit practices of the board;

(e) review and advise the board about the annual report under section 70 and the separate accounts under section 87; and

(f) perform any other functions assigned to it by the Board of Directors.

31          The section heading for subsection 54.1(2) of the French version is replaced with "Activités de prévention".

32          The following is added after section 54.1:

Prevention advisory council

54.2(1)     The Board of Directors must, by by-law, establish a prevention advisory council consisting of

(a) a chair;

(b) three members representative of the interests of workers;

(c) three members representative of the interests of employers; and

(d) three members representative of the public interest;

none of whom is a board member.

Advisory role of council

54.2(2)     The role of the council is to advise the Board of Directors about prevention activities described in clauses 54.1(2)(a) and (c) to (g).

Remuneration

54.2(3)     Council members are entitled to remuneration as determined by the Board of Directors. The remuneration is payable out of the accident fund.

Administrative support

54.2(4)     The board must provide administrative support to the council as determined by the Board of Directors.

33          Clauses 56(a) and (c) of the French version are amended by striking out "membres" and substituting "administrateurs".

34          Subsections 58(2) and (3) of the French version are amended by striking out "membres" and substituting "administrateurs".

35          The following is added after subsection 59(3):

Board is plan administrator of superannuation fund

59(3.1)     For greater certainty, the board is the administrator of the fund established under subsection (3).

36          Subsection 60(4) is replaced with the following:

Board decisions

60(4)       When making a decision, the board is not bound to follow precedents, but must make the decision on the merits of the case and in accordance with this Act, the regulations and the board's policies.

37          Subsections 60.1(1) and (2) are replaced with the following:

Initial determination

60.1(1)     The board may determine, on application or on its own initiative, any matter or question arising under this Part.

Reconsideration

60.1(2)     On the written request of a person who has a direct interest in a decision made under subsection (1) in respect of

(a) an application for compensation;

(b) an assessment under this Part; or

(c) any other matter that, according to the board's policy, is eligible for a reconsideration under this section;

the board must reconsider its decision.

38(1)       Subsection 60.2(1) is replaced with the following:

Establishment of appeal commission

60.2(1)     There is hereby established an appeal commission, to be known as the Appeal Commission, to be appointed by the Lieutenant Governor in Council on the recommendation of the minister, and consisting of

(a) one or more appeal commissioners representative of the interests of workers;

(b) one or more appeal commissioners representative of the interests of employers; and

(c) one or more appeal commissioners representative of the public interest, one of whom shall be designated as Chief Appeal Commissioner.

Consultation re appointments of commissioners

60.2(1.1)   Before recommending a person for an appointment under subsection (1), the minister must consult

(a) with workers in industries subject to this Part, if recommending a person as representative of the interests of workers;

(b) with persons on whom assessments are levied under this Part, if recommending a person as representative of the interests of employers; or

(c) with workers referred to clause (a) and persons referred to in clause (b), if recommending a person as representative of the public interest.

38(2)       Subsection 60.2(3) is amended by striking out "member of the Board of Directors or" and substituting "board member, no member of a committee or council established under this Act and no".

39          Subsection 60.3(1) is replaced with the following:

Panels

60.3(1)     The Chief Appeal Commissioner must establish one or more panels of the appeal commission. Each panel is to consist of

(a) one appeal commissioner appointed under clause 60.2(1)(a);

(b) one appeal commissioner appointed under clause 60.2(1)(b); and

(c) one appeal commissioner appointed under clause 60.2(1)(c), who shall be the presiding officer of the panel.

40          Section 60.7 is amended by striking out "Subject to any policies, by-laws or resolutions of the Board of Directors, the appeal commission" and substituting "The appeal commission".

41          Clause 60.8(1)(b) is amended by striking out "subsection 68(4)" and substituting "subsection 60(5)".

42          Subsection 60.9(1) is replaced with the following:

Rehearing of appeal

60.9(1)     If the Board of Directors considers that the appeal commission has not, in making a decision, properly applied this Act, the regulations or a board policy, it may, in writing,

(a) stay the decision; and

(b) refer the matter back to the appeal commission to be reheard by a panel of three commissioners who did not participate in the decision.

43          Section 61 is amended, in the part before clause (a),

(a) by striking out "a member of the Board of Directors" and substituting "a board member, a member of a committee or council established under this Act"; and

(b) by striking out "a worker adviser" and substituting "a person appointed or employed under section 108".

44          Section 62 is replaced with the following:

Board and employees not to be witnesses

62          For any civil or administrative proceeding to which the board is not a party, the following persons are not compellable witnesses in relation to a document or information obtained, received or made under this Act or the regulations by that person, and cannot be required to produce such a document:

(a) a board member or a member of a medical review panel;

(b) a member of a committee or council established under this Act;

(c) an appeal commissioner;

(d) the Fair Practices Advocate;

(e) a person appointed or employed under section 108;

(f) an employee or agent of the board.

45          Subsection 66(1) is amended by striking out "member of the Board of Directors" and substituting "board member".

46(1)       Subsection 68(1) is repealed.

46(2)       Subsection 68(2) is replaced with the following:

Consultation for benefit program regulation

68(2)       Before establishing a new benefit program under section 43, the Board of Directors must consult with the minister and provide the minister with any financial and other information the minister requires.

46(3)       Subsections 68(2.1), (2.2), (2.3) and (3) are repealed.

46(4)       Subsection 68(4) is renumbered as subsection 60(5).

47           Subsections 69(1) and (2) are replaced with the following:

Annual audit

69(1)       The accounts of the board must be audited each year by an independent auditor appointed by the Board of Directors. The costs of the audit are payable out of the accident fund.

Special audit or investigation

69(2)       The Board of Directors or the Lieutenant Governor in Council may at any time appoint a person to conduct a special audit or investigation of the accounts or affairs of the board. The board must co-operate with the person conducting the audit or investigation. The costs of the audit or investigation are payable out of the accident fund.

48          Section 70 is replaced with the following:

Annual report and operating plan

70(1)       By April 30 of each year, the board must provide to the minister

(a) its annual report for the immediately preceding year that includes

(i) its audited financial statements for that year, and

(ii) a report on its prevention activities under section 54.1; and

(b) its five-year operating plan, including its plan for prevention activities.

Tabling of report and operating plan

70(2)       The minister must table a copy of the annual report and the operating plan in the Assembly on any of the first 15 days on which the Assembly is sitting after the minister receives them.

Report and plan to be published

70(3)       As soon as practicable after the annual report and the operating plan have been given to the minister, the board must publish them on its website.

49          Sections 71 to 71.3 are repealed.

50           Section 72 and the centred heading before it are repealed.

51          Subsection 73(2) is amended

(a) by repealing clause (a);

(b) in clause (b), by striking out "board" and substituting "Board of Directors"; and

(c) in clause (c), by striking out "and not otherwise included under Class A, Class B or Class E" and substituting "that are not deemed by subsection 76(3) or (4) to be a separate employer and are not included in Class B".

52          Subsection 76(5) is amended, in the part before clause (a), by adding "and in sections 76.3 to 76.5," after "In this section".

53          Section 76.1 is repealed.

54(1)       Subsection 76.2(1) is amended by striking out "board" and substituting "Board of Directors".

54(2)       Subsection 76.2(2) is amended

(a) by striking out "board" where it first occurs and substituting "Board of Directors"; and

(b) by striking out "or to a new class".

55          Clauses 76.3(1)(a) and 76.4(a) are repealed.

56           Section 76.5 is replaced with the following:

Government guarantee

76.5        The government is responsible for ensuring the payment of any amount receivable by the board under section 76.4 from an agency of the government.

57          Subsection 78(1) is amended

(a) in the part before clause (a), by striking out "board may, by regulations," and substituting "Board of Directors may, by regulation,";

(b) by repealing clause (a); and

(c) in clause (c), by striking out everything after "wholly or" and substituting "in part to any other class.".

58          Section 79 is amended by renumbering it as subsection 79(1) and adding the following as subsection 79(2):

Re-assignment of industry to class, group

79(2)       The board may assign an employer to a different class, sub-class, group or sub-group if the employer has been sold, transferred or privatized, or the board determines that a different assignment better represents the employer's undertaking.

59(1)       Subsection 80(1) is replaced with the following:

Payroll estimates and certified copies of payroll

80(1)       Within 30 days after becoming an employer, and on or before the last day of February in each year after that, an employer must provide the board with

(a) a certified copy of the employer's payroll for the preceding year, if any, for each undertaking in an industry to which this Part applies; and

(b) the employer's estimate of the amount of the payroll for the current year for each undertaking in an industry to which this Part applies, along with any other information the board requires for

(i) assigning the employer or undertaking to a class, sub-class, group or sub-group, and

(ii) making an assessment under this Act.

Late filing penalty

80(1.1)     An employer who fails to comply with subsection (1) is liable to pay a penalty equal to the following percentage of the employer's assessment for that year (determined without reference to this penalty):

(a) 5%, if the failure continues for a period of 61 days or less;

(b) 10%, if the failure continues for a period of more than 61 days.

Notice and payment of penalty

80(1.2)     The board may notify the employer of the penalty in the notice of assessment provided to the employer under section 81. The penalty is due and payable at the time set out in the notice of assessment for the payment of the assessment.

Waiver of penalty

80(1.3)     The board may reduce or waive, in accordance with its policies, any penalty imposed by subsection (1.1).

59(2)       Subsection 80(4.1) is replaced with the following:

Insurable earnings from 1992 to 2005

80(4.1)     In computing the amount of an employer's payroll for any year after 1991 and before 2006, the annual wages of a worker above the maximum annual earnings determined under clause 46(2)(a) for that year must be excluded.

Insurable earnings after 2020

80(4.2)     In computing the amount of an employer's payroll for any year after 2020, the annual wages of a worker above the maximum annual earnings determined under clause 46(2)(b) for that year must be excluded.

59(3)       Subsections 80(6.1) and (6.2) are amended by striking out "prescribed by the board" and substituting "prescribed".

60(1)       Subsections 81(6) to (7.2) are replaced with the following:

Notices of assessment and rates

81(6)       The board must notify each employer of

(a) the amount of each assessment payable by the employer and when it is due; and

(b) the percentages and rates fixed by the board for determining the assessments for employers engaged in the employer's industry.

Manner of giving notice

81(6.1)     The board may give notice to an employer under subsection (6)

(a) by regular mail to the employer's last known address, in which case it is deemed to have been given to the employer seven days after the day it was mailed;

(b) by e-mail to the e-mail address provided by the employer to the board for the delivery of notices under this Act or the regulations; or

(c) in any other manner prescribed by regulation.

Manner of giving notice of percentages and rates for assessments

81(7)       The board may also give notice to employers of the percentages and rates fixed by the board under clause (6)(b) by publishing a schedule of the percentages and rates on the board's website.

Notice given by e-mail

81(7.1)     If a notice under clause (6)(a) is sent by e-mail, it is deemed to have been given to the person to whom it was sent on the fifth day after the day it was sent, unless

(a) sending the notice triggers an automated response indicating that the notice is not deliverable; or

(b) before the notice was sent, the person notified the board in writing that the e-mail address may no longer be used for such notices.

Board may revise assessment

81(7.2)     The board may revise a percentage or rate at any time and give notice of the new percentage or rate in accordance with this section. If the revision affects an assessment previously made,

(a) the board must give the employer a revised notice of assessment in accordance with subsection (6.1); and

(b) once given, the revised notice of assessment has the same effect as if the original notice of assessment had been based on the revision.

60(2)       Subsection 81(9) is replaced with the following:

Minimum assessment

81(9)       The board must not levy an assessment for an amount that is less than the minimum assessment prescribed by regulation.

61          Section 81.1 is replaced with the following:

Definitions

81.1(1)     The following definitions apply in this section.

"buyer" means a person who acquires property from a seller on a sale of a business for the purpose of continuing the business, or for use in a new or existing business venture. (« acheteur »)

"debt to the board" means any amount owing to the board by an employer under this Act or the regulations, including any amount receivable by the board from the employer under section 76.4. (« dette envers la Commission »)

"sale of a business" means a sale, barter, gift, exchange or other disposition by a person (referred to as the "seller") of all or substantially all of the real property and personal property, other than property not owned by the seller, used in a business or undertaking of the seller. (« vente d'une entreprise »)

Seller to obtain certificate before sale of business

81.1(2)     Before disposing of property on or as part of a sale of a business, the seller must apply to the board for a certificate verifying that

(a) the seller has no debt to the board; or

(b) arrangements satisfactory to the board for the payment of the seller's debt to the board have been made.

Board to issue certificate

81.1(3)     The board must issue the certificate upon being satisfied

(a) that the seller has no debt to the board; or

(b) with the arrangements made for the payment of the seller's debt to the board.

Seller to provide certificate to buyer

81.1(4)     The seller must provide a copy of the certificate to the buyer.

Liability of buyer

81.1(5)     The buyer is liable, upon receipt of a written demand for payment, for the seller's debt to the board as at the date of sale, including any amount assessed on or after that date in respect of the seller's payroll before that date, unless the buyer obtains a copy of the certificate from the seller. If the buyer fails to obtain a copy of the certificate, the board may enforce the debt against either the buyer or the seller, or both.

Buyer's right of recovery

81.1(6)     If the buyer pays an amount in respect of the seller's debt to the board, the buyer

(a) is entitled to recover the amount from the seller; and

(b) may withhold that amount from money owing to the seller, or recover it in a court of competent jurisdiction as a debt owing by the seller to the buyer.

Debt to board discovered after certificate is issued

81.1(7)     If after issuing a certificate to the seller under subsection (3) the board discovers, based on new information, a debt to the board that was owing by the seller when the certificate was issued, the debt may be enforced against the seller but not against the buyer who obtained a copy of the certificate.

62          Subsection 84.1(1) is amended by striking out "worker advisers and employees appointed" and substituting "persons appointed or employed".

63          Section 86 is replaced with the following:

Interest on late payments

86(1)       If the amount of an assessment or instalment is not paid in full on or before the day it is due, interest is payable on the unpaid amount, from the day it was due until it is paid, calculated at the rate and in the manner prescribed by regulation.

Waiver

86(2)       The board may reduce or waive, in accordance with its policies, an employer's liability for interest under this section.

64          Subsection 94(1) and sections 96 and 97 are repealed.

65           Subsection 98(2) is amended

(a) in the section heading, by striking out "and administrative penalty"; and

(b) in the section, by striking out everything after "an offence".

66          Sections 99 and 100 are replaced with the following:

INSPECTIONS

Definitions

99(1)       The following definitions apply in this section and sections 99.1 to 100.

"employer" includes a person who, in the board's opinion, is or may be an employer. (« employeur »)

"inspection" includes an examination, audit or inquiry. (« inspection »)

"inspector" means a person authorized by the board to carry out an inspection. (« inspecteur »)

"record" means a record of information in any form, including electronic form, but does not include a mechanism or system for generating, sending, receiving, storing or otherwise processing information. (« document »)

General authority to inspect

99(2)       Subject to any conditions or limitations imposed by the board, an inspector may carry out any inspection reasonably required to

(a) determine compliance with this Act and the regulations;

(b) verify the accuracy or completeness of a record or of other information provided to the inspector or to the board;

(c) determine the amount of an employer's payroll;

(d) determine whether an industry or person is covered by this Part;

(e) inspect the site of an accident or interview witnesses to an accident;

(f) inspect a workplace in connection with timely and safe return to work; or

(g) determine the identity of an employer.

Right of entry

99(3)       To perform an inspection, the inspector may at any reasonable time, without a warrant, enter

(a) an employer's premises; or

(b) any other premises or place where the inspector has reasonable grounds to believe that records or property relevant to the administration or enforcement of this Act are kept.

Entry into dwelling only with consent or warrant

99(4)       An inspector may not enter premises occupied as a private residence except with the consent of the owner or occupant or with the authority of a warrant obtained in accordance with section 100.

Identification to be shown

99(5)       An inspector must show their identification if requested to do so in the context of an inspection.

Assistance to inspector

99(6)       The employer or person otherwise in charge of the premises under inspection or having custody or control of the relevant records or property must

(a) produce or make available to the inspector all records and property that the inspector requires for the inspection;

(b) provide any assistance or additional information, including any personal information as defined in The Freedom of Information and Protection of Privacy Act or personal health information as defined in The Personal Health Information Act, that the inspector reasonably requires to carry out the inspection; and

(c) upon request, provide written answers to questions asked by the inspector.

Electronic records

99(7)       An inspector may require the employer or person otherwise in charge of the premises under inspection or having custody or control of the relevant records to produce electronically maintained records at the premises in the form of a printout or in an electronically readable format.

Inspector may make copies

99(8)       The inspector may use any equipment at the premises under inspection to make copies of relevant records and may remove the copies from the premises for further examination.

Inspector may remove records to make copies

99(9)       An inspector who is not able to make copies of records at the premises under inspection may remove them from the premises to make copies. The inspector must make the copies as soon as practicable and return the original records to the person or premises from which they were removed.

Offence — obstruction

99(10)      A person who hinders, obstructs or interferes with an inspector conducting an inspection under this section commits an offence.

Order to produce records, etc.

99.1(1)     The board may, for any purpose relating to the administration or enforcement of this Act, by written order, require a person to

(a) provide any information, including any personal information or personal health information of any person; or

(b) make available or produce for inspection any records or things in the person's possession or control that relate to the administration of this Act.

Who may be required to produce records, etc.

99.1(2)     The order may be addressed and given to

(a) an employer or a person who deals with or has dealt with an employer; or

(b) a director, officer, agent or employee of an employer or person referred to in clause (a).

Contents of order

99.1(3)     The order

(a) must state the name of

(i) the person to whom it is directed, and

(ii) if different, the name of the person to whom the records or other things to be produced or made available for inspection relate;

(b) must specify or describe the information to be provided or the records or other things to be produced or made available and where to produce them or make them available;

(c) may direct the manner in which records or other things are to be produced or made available, including the format in which electronically maintained records are to be produced or made available; and

(d) may specify a deadline for the person to comply with the order.

Offence — failure to provide records, etc.

99.1(4)     A person who fails to comply with an order issued under subsection (1) commits an offence.

Records to be made available for inspection, etc.

99.2        A person required to keep records under this Act must

(a) make the records available at the place where they are maintained for inspection by an inspector; and

(b) if the records are not maintained in Manitoba, pay to the board, upon receiving a statement from the board, the amount charged by the board for expenses reasonably incurred in inspecting the records at the place where they are maintained.

Copies as evidence

99.3        A document certified by the chief executive officer or an inspector to be a printout or copy of a record obtained under this Act

(a) is admissible in evidence without proof of the office or signature of the person purporting to have made the certificate; and

(b) has the same probative force as the original record.

Warrant to enter and inspect

100(1)      A justice, upon being satisfied by information on oath that

(a) an inspector has been refused entry to any premises or place to carry out an inspection under section 99; or

(b) there are reasonable grounds to believe that

(i) an inspector would be refused entry to any premises or place to carry out an inspection under section 99, or

(ii) if an inspector were to be refused entry to any premises or place to carry out an inspection under section 99, delaying the inspection in order to obtain a warrant on the basis of the refusal could be detrimental to the inspection;

may at any time issue a warrant authorizing an inspector or any other person named in the warrant to enter the premises or place and carry out an inspection under section 99.

Application without notice

100(2)      A warrant under this section may be issued upon application without notice.

67(1)       Subsection 101(1) is amended

(a) by striking out "worker adviser or"; and

(b) by adding "council," after "no member of any committee,".

67(2)       Subsections 101(1.1) and (1.2) are replaced with the following:

Access to documents by worker or dependant

101(1.1)    Despite subsection (1) and section 20.1 (medical reports), upon request by

(a) a worker or dependant of a deceased worker who is a party to a reconsideration or appeal of a board decision relating to a claim for compensation; or

(b) an agent of the worker or dependant;

the board must provide the person making the request with copies of any documents or records in its possession respecting that claim.

Access to documents by employer

101(1.2)    Despite subsection (1) and section 20.1 (medical reports), upon request by

(a) an employer who is a party to a reconsideration or appeal of a board decision relating to a claim for compensation; or

(b) the employer's agent;

the board must provide the person making the request with copies of the documents or records in its possession that the board considers relevant to the issues under reconsideration or appeal.

67(3)       Subsection 101(1.3) is amended by striking out "the day on which this section comes into force" and substituting "January 1, 1992".

67(4)       Subsection 101(1.4) is amended by striking out "claimant" and substituting "dependant of a deceased worker, or an agent of either of them,".

67(5)       Subsection 101(1.5) is amended by striking out "the person referred to in subsection (1.2) may examine and copy the document" and substituting "the board must disclose the document to the person referred to in subsection (1.2)".

67(6)       Subsection 101(1.6) is amended by striking out "subsections (1.1) and (1.2)" and substituting "this section".

67(7)       The following is added after subsection 101(1.7):

Restricted use of information

101(1.8)    Information obtained under subsection (1.2), (1.4) or (1.5) must not be used, without the board's prior written approval, for any purpose other than the reconsideration or appeal.

Documents to be destroyed

101(1.9)    An employer or agent who obtains a document or record under subsection (1.2), (1.4) or (1.5) must destroy all copies of it in their possession, and notify the board in writing that they have done so, within 60 days after obtaining it unless they make a submission in relation to the reconsideration or appeal within that 60-day period.

67(8)       Subsection 101(7) is amended by striking out "(1.2)" and substituting "(1.8)".

68          Sections 104 and 104.1 are replaced with the following:

LIEN FOR AMOUNTS OWING TO BOARD

Definitions

104(1)      The following definitions apply in this section and sections 104.1 and 104.2.

"debt" means an amount payable under this Act to the board by any person. (« dette »)

"debtor" means a person who owes a debt to the board. (« débiteur »)

Lien for debt

104(2)      For the purpose of recovering a debt, the board has a lien on every estate or interest in real property and personal property of the debtor, including property acquired after the debt arose.

Extent of security

104(3)      The lien secures the payment of

(a) the amount of the debt at the time that the lien takes effect;

(b) all additional amounts that become due under this Act by the debtor to the board after the lien takes effect and before it is discharged, including

(i) any interest or penalties that become due or payable after the lien takes effect, and

(ii) any unpaid fees, expenses or other charges imposed by the board under this Part after the lien takes effect;

(c) disbursements for searches reasonably required to

(i) ascertain the legal status of the debtor, or

(ii) identify property that is or may be subject to the lien or ascertain the registered interests in such property;

(d) disbursements for the registration and discharge of the lien;

(e) costs reasonably incurred by the board in retaking, holding, repairing, processing, preparing for disposition or disposing of property in respect of which the lien is registered; and

(f) any administration fee prescribed by regulation.

When lien takes effect

104(4)      The lien takes effect

(a) in relation to the debtor's interest in real property, when a certificate in respect of the lien is registered under section 104.1; and

(b) in relation to the debtor's personal property, when a financing statement in respect of the lien is registered under section 104.2.

Priority not lost

104(5)      The lien and its priority are not lost or impaired by taking or failing to take proceedings to recover the unpaid debt, or by the tender or acceptance of any payment on account of the unpaid debt.

Registration against real property

104.1(1)    The board may cause a lien under section 104 to be registered in a land titles office against specific lands of the debtor by filing a certificate, signed by an officer of the board, stating

(a) the address for service of the board;

(b) the full name of the debtor and the amount of the debt giving rise to the lien;

(c) the name of this Act;

(d) the legal description of the land to be charged; and

(e) any other information required by the land titles office for the registration of the lien.

Registration on production

104.1(2)    The certificate is registrable upon being presented for registration. It does not require an affidavit of execution.

Enforcement of lien on real property

104.1(3)    Once the certificate has been registered in the land titles office, the board may take sale proceedings on the lien as if the lien were a judgment registered under The Judgments Act.

Lien remains in effect

104.1(4)    The lien remains in effect until the board discharges it.

Board may postpone, amend or discharge lien

104.1(5)    The board may, by filing the appropriate document in the land titles office in which the lien was registered,

(a) postpone its interest under the lien;

(b) amend the certificate to correct an error, but not to increase the amount secured by the lien or to extend the lien to other land; or

(c) discharge the lien.

Registration of lien in Personal Property Registry

104.2(1)    The board may register a lien under section 104 against the personal property of a debtor by registering a financing statement in the Personal Property Registry that states

(a) the address for service of the board;

(b) the full name and address of the debtor;

(c) the name of this Act; and

(d) any other information required by the Personal Property Registry for the registration of the statement.

Effect of registration

104.2(2)    When a lien is registered under this section in the Personal Property Registry,

(a) the board is deemed to be a secured party under The Personal Property Security Act and the debtor is deemed to be a debtor under that Act;

(b) the debtor is deemed to have signed a security agreement stating that a security interest is taken in all of the debtor's present and after-acquired property, and the lien is deemed to be a perfected security interest in that property;

(c) the lien is enforceable under The Personal Property Security Act as if it were a lien under the agreement referred to in clause (b) and the debtor were in default under that agreement; and

(d) The Personal Property Security Act and the regulations under that Act apply to the lien, with necessary changes, except as otherwise provided by this section.

Priority of lien

104.2(3)    The lien has priority over every security interest and every claim to or right in the personal property of the debtor under any Act other than

(a) wages owing by the employer to a worker of the employer;

(b) a purchase money security interest in collateral, as defined in The Personal Property Security Act, that was perfected when the debtor obtained possession of the collateral or within 15 days after the debtor obtained possession of it;

(c) a lien for taxes to which priority is given by subsection 66(3) of The Tax Administration and Miscellaneous Taxes Act;

(d) a lien under section 101 of The Employment Standards Code for which a financing statement has been registered in the Personal Property Registry;

(e) a garage keeper's lien under The Garage Keepers Act and a lien that, under any other Act, may be enforced as a lien under The Garage Keepers Act; or

(f) a lien under section 92 of The Provincial Offences Act for which a financing statement has been registered in the Personal Property Registry.

Board may postpone, amend, renew or discharge lien

104.2(4)    The board may, by registering the appropriate document in the Personal Property Registry,

(a) postpone its interest under a financing statement; or

(b) amend, renew or discharge a financing statement.

Notice of lien to debtor

104.2(5)    Within 15 days after registering the financing statement, the board must serve a notice on the debtor stating

(a) that the board has a lien against the personal property of the debtor and has registered a financing statement in the Personal Property Registry;

(b) the amount of the debt secured by the lien as of the date the financing statement was registered;

(c) that the board may take possession and dispose of the personal property of the debtor if the amount of the lien is not paid within 15 days after the notice is given to the debtor; and

(d) the address and telephone number where further information can be obtained from the board.

Manner of giving notice

104.2(6)    The notice may be served personally or be sent

(a) by regular mail to the debtor's last known address, in which case it is deemed to have been given to the debtor seven days after the day it was mailed;

(b) by e-mail to the e-mail address provided by the debtor to the board for the delivery of notices under this Act or the regulations; or

(c) in any other manner prescribed by regulation.

Notice given by e-mail

104.2(7)    If the notice is sent by e-mail, it is deemed to have been given to the debtor on the fifth day after the day it was sent, unless

(a) sending the notice triggers an automated response indicating that the notice is not deliverable; or

(b) before the notice is sent, the debtor notified the board in writing that the e-mail address may no longer be used for such notices.

69          The centred heading "GENERAL" is added before section 105.

70(1)       Subsection 108(1) is replaced with the following:

Worker advisers, employer advisers and staff

108(1)      Worker advisers and employer advisers, and such additional employees as the minister considers necessary to enable them to effectively carry out their duties or functions, are to be appointed or employed in accordance with The Civil Service Act.

70(2)       Subsection 108(2) is amended

(a) by replacing the section heading with "Role of worker adviser";

(b) in the part before clause (a), by striking out "worker advisers may" and substituting "role of a worker adviser is to";

(c) in clause (c) of the French version, by striking out "l'application de la présente loi et des règlements pris sous son régime et quant à la portée" and substituting "à l'application de la présente loi et de ses règlements d'application et quant à la portée et au sens"; and

(d) by replacing clause (d) with the following:

(d) perform such other duties or functions as the minister requires.

70(3)       The following is added after subsection 108(4):

Role of employer adviser

108(5)      The role of an employer adviser is to

(a) advise employers about the interpretation and administration of this Act and any regulations made under this Act and of the effect and meaning of decisions made under this Act; and

(b) perform such other duties or functions as the minister requires.

71           The following is added after section 109.1:

Board may terminate, suspend or reduce compensation

109.1.1     The board may terminate, suspend or reduce compensation payable to a worker or dependant if it is satisfied that the compensation being paid is based on false information.

72          Section 109.4 is amended

(a) by striking out "the day this section comes into force" and substituting "January 1, 1992,"; and

(b) by striking out "that the board may prescribe" and substituting "prescribed".

73(1)       Subsection 109.5(1) is amended

(a) in clause (e) of the French version, by striking out "à leur personnes à charge" and substituting "aux personnes à leur charge"; and

(b) by striking out "or" at the end of clause (e) and adding the following after clause (e):

(e.1) performing prevention activities described in subsection 54.1(2); or

73(2)       Subsection 109.5(2) is replaced with the following:

Nature of delegation

109.5(2)    A delegation under subsection (1) may be general or may be limited based on the type of worker, employer, accident, injury or prevention activity.

74          The following is added after subsection 109.6(2):

Fine forms part of accident fund

109.6(2.1)   Each fine collected by the government in respect of an offence under this Act or the regulations is payable to the board and forms part of the accident fund.

75(1)       Subsection 109.7(1) is replaced with the following:

ADMINISTRATIVE PENALTY

Administrative penalty

109.7(1)    The board may impose an administrative penalty in accordance with this Act and the regulations on

(a) a person who makes a false statement to the board

(i) affecting the person's or any worker's entitlement to compensation,

(ii) affecting the assessment of an employer, or

(iii) to obtain payment for goods or services, whether or not the board actually received the goods or services;

(b) a worker or the worker's employer, if the worker or employer does not inform the board about a material change in circumstances affecting the worker's entitlement to compensation within 10 days after the change occurs;

(c) a person who contravenes a regulation;

(d) a person who contravenes any of the following provisions:

(i) subsection 4(1.1) (payment on day of accident),

(ii) subsection 4(1.2) (prohibited deduction or reduction of benefits),

(iii) section 11 (principal's duty to ensure contractor files statements),

(iv) section 15 (prohibited deduction or contribution),

(v) subsection 18(1) or (3) (employer to report accident),

(vi) subsection 18.1(1) (requirement to report return to work),

(vii) subsection 19(4) (worker's duty to report return to work),

(viii) subsection 19.1(1) or (2) (prohibitions re claim suppression),

(ix) subsection 19.2(1) (requirement to post notice),

(x) subsection 49.3(1), (4), (5) or (6) (requirements to offer re-employment or to accommodate work or workplace),

(xi) subsection 80(2) (requirement to keep record of wages),

(xii) subsection 80(3) (requirement to provide information about nature of work),

(xiii) subsection 98(1) (requirement to provide payroll estimate for remainder of year),

(xiv) subsection 99(6) (requirement to assist inspector),

(xv) an order issued under section 99.1 (requirement to produce documents or records),

(xvi) subsection 101(1.8) (prohibited use of information),

(xvii) subsection 101(1.9) (requirement to destroy documents); or

(e) an employer who submits payroll information under subsection 80(1) or any other statement required under subsection 80(1), (2) or (3) that does not, in the board's opinion, based on an audit of the employer, reasonably reflect the probable amount of the payroll of the employer or correctly describe the nature of the different classes of work carried on.

The administrative penalty is payable to the board and forms part of the accident fund.

75(2)       The part of subsection 109.7(1.1) before clause (a) is replaced with the following:

Notice of administrative penalty

109.7(1.1)   The board may impose the administrative penalty by issuing to the person referred to in subsection (1) a notice of administrative penalty that sets out

75(3)       Subsection 109.7(1.2) of the English version is amended by striking out "A notice" and substituting "The notice".

75(4)       Subsection 109.7(1.3) of the English version is amended by striking out "served with a notice" and substituting "served with the notice".

75(5)       The following is added after subsection 109.7(5):

Regulations

109.7(6)    The Lieutenant Governor in Council may make regulations respecting the administrative penalties that may be imposed under this section, including prescribing the amount or maximum amount of a penalty or the manner in which the amount or maximum amount of a penalty is to be determined.

76(1)       Subsection 115(2) is replaced with the following:

Review committee

115(2)      The review committee must be composed of persons who, as a group, are representative of the interests of workers, employers and the public interest, but must not include any board members.

76(2)       Subsection 115(3) is amended

(a) in the section heading, by adding "and board" after "minister"; and

(b) in the section, by adding "and the board" after "minister".

77          Section 116 is replaced with the following:

Conflict with privacy Acts

116         Despite The Freedom of Information and Protection of Privacy Act or The Personal Health Information Act, if a provision of this Act conflicts with one of those Acts, the provision of this Act prevails.

78          The following is added after section 116:

REGULATIONS

Regulations by Board of Directors

117         In addition to any other regulations the Board of Directors may make under Part I, it may make regulations

(a) prescribing an amount for the purpose of the definition "minimum annual earnings" in subsection 1(1);

(b) respecting occupational diseases, including the establishment of a schedule in accordance with subsection 4(4.1) setting out occupational diseases and types of employment or employment conditions;

(c) prescribing deductions to be used in calculating net average earnings under subsection 40(3);

(d) prescribing a statutory benefit to be a collateral benefit under subsection 41(1);

(e) for the purpose of section 47, prescribing an indexing factor for a year;

(f) for the purpose of section 48, prescribing an annual indexing factor or biennial indexing factor for a year;

(g) excluding industries, employers or workers from the application of section 49.3 (obligation to re-employ);

(h) prescribing interest rates for the purpose of subsections 80(6.1) and (6.2) (interest on under-assessment or over-assessment);

(i) for the purpose of subsection 81(6.1), prescribing a manner in which the board may provide a notice to an employer;

(j) for the purpose of subsection 81(9), prescribing the minimum assessment;

(k) respecting interest payable under section 86 (interest on late payment), including prescribing a rate of interest and how interest is to be calculated;

(l) prescribing administrative fees for the purpose of subsection 104(3);

(m) for the purpose of clause 104.2(6)(c), prescribing a manner in which a notice may be served on a debtor;

(n) prescribing an amount for the purpose of section 109.4 (commutation of pension);

(o) respecting any other matter the Board of Directors considers necessary or advisable to carry out its responsibilities under this Act.

Application of Statutes and Regulations Act

118         For greater certainty, The Statutes and Regulations Act does not apply to a policy or by-law of the Board of Directors, but the board must publish on its website every policy that affects or could affect the rights or obligations of employers, workers or persons who are or may be entitled to compensation.

TRANSITIONAL PROVISIONS

Board of Directors

79          On the day that section 27 of this Act comes into force,

(a) a person who was a member of the Board of Directors under The Workers Compensation Act immediately before that day continues as a member of the Board of Directors until the person is replaced or otherwise ceases to be a member of the Board of Directors; and

(b) a person who was an appeal commissioner or a member of a panel of the appeal commission under The Workers Compensation Act immediately before that day continues as an appeal commissioner or as a member of the panel as if the person was appointed under that Act as it read on that day.

Committees dissolved

80(1)       On the day that section 29 of this Act comes into force, a committee established by the Board of Directors under subsection 51.1(2) of the former Act is dissolved.

Meaning of "former Act"

80(2)       In subsection (1), "former Act" means The Workers Compensation Act, as it read immediately before the coming into force of section 29 of this Act.

COMING INTO FORCE

Coming into force

81          This Act comes into force on a day to be fixed by proclamation.

Explanatory Note

This Bill amends The Workers Compensation Act to deal with the governance of The Workers Compensation Board ("WCB") and to respond to the 2016-2017 recommendations of the Legislative Review Committee. The significant changes are as follows.

Governance

Currently, Cabinet appoints every member of the board of directors of WCB, including three worker representatives, three employer representatives and three public interest representatives. Under the new scheme, Cabinet still appoints the board members but

  • the worker and employer representatives are selected from nominees of the specified worker and employer organizations; and
  • the chair is nominated by consensus of the other members.

Cabinet no longer has the authority to disallow regulations made by the board. A new benefit program may be established if the minister is consulted. Cabinet approval is no longer required.

The board is required to appoint an independent auditor for its annual audit.

WCB is not a reporting organization within the meaning of The Financial Administration Act.

Coverage and Assessment

  • The definition "accident" is expanded and includes occupational diseases, post-traumatic stress disorder, and acute reactions to traumatic events. An occupational disease presumption may be established by regulation.
  • WCB may no longer create new employer classes. An employer may be assigned to a different class in certain circumstances.
  • The existing class of provincially funded industries is repealed.

Compensation

  • For calculating compensation, the maximum annual earnings is set at $150,000 (indexed).
  • WCB is provided with more flexibility to deal with compensation payments on behalf of a worker and to provide medical aid to a worker.

Administration

  • WCB must establish a prevention advisory council.
  • WCB is provided with the power to establish board committees.
  • The appeal commission now has the authority to establish practice and procedure rules.
  • Restrictions on information disclosure are enhanced.
  • The position of employer adviser is created to assist employers in understanding the Act and the decisions made under it.
  • The buyer of a business is made liable for the seller's outstanding debts to the WCB if a clearance certificate is not first obtained.
  • Delivery and publication requirements are modernized.

Enforcement

  • An employer is prohibited from deducting employee benefits to pay for an employee's compensation claim. WCB may reimburse an affected employee and collect the amount from the employer.
  • Penalties are added to late annual assessment payments.
  • WCB lien priorities and registration requirements, as well as its enforcement and inspection powers and administrative penalty scheme, are updated.
  • Fines from administrative penalties and offences are to be paid into the accident fund.