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C.C.S.M. c. W200
The Workers Compensation Act
Table of Contents
| 1 | Definitions | |
| (1.1) | Restricted meaning of "accident" | |
| (2) | [Repealed] | |
| (3) | Restricted meaning of "worker" | |
| (4) | Definition of "casual emergency worker" | |
| (5) | Deemed employer | |
| (6) | Inclusion in powers and duties | |
| (7) | Period of employment | |
| (8) | Average earnings | |
| (11) | Trade or business for purposes of Act | |
| (12) | Deemed date of accident re occupational disease | |
| (12.1) | [Repealed] | |
| (13) | Temporary hiring out of employee | |
| PART I | ||
| COMPENSATION | ||
| 2 | Application of Part I | |
| 2.1 | Exclusion of industries, employers or workers | |
| (2) | Board to consult industries, employers and workers | |
| 3 | [Repealed] | |
| 4 | Compensation payable out of accident fund | |
| (1.1) | Payment on day of accident | |
| (1.2) | No deduction from benefits | |
| (1.3) | Employer fails to comply | |
| (2) | Payment of wage loss benefits | |
| (3) | Misconduct of worker | |
| (4) | Cause of occupational disease | |
| (4.1) | Presumption re prescribed occupational disease | |
| (5) | Presumptions — accident arising out of employment | |
| (5.1) | Definitions | |
| (5.2) | Presumption re cancer — firefighters and OFC personnel | |
| (5.3) | Application of presumption re cancer | |
| (5.4) | Additional requirement re lung cancer | |
| (5.5) | Effective date of presumption re cancer | |
| (5.6) | Presumption re heart injury — firefighters and OFC personnel | |
| (5.7) | Regulations | |
| (5.8) | Presumption re post-traumatic stress disorder | |
| (5.9) | [Repealed] | |
| (6) | [Repealed] | |
| (7) | Extra provincial employment | |
| (8) | Agreements with other jurisdictions | |
| (9) | Compensation for impairment | |
| (10) to (12) | [Repealed] | |
| 5 | Accidents outside province | |
| (2) | Where worker employed more than six months outside province | |
| (3) | Accident while outside province temporarily | |
| (4) | Where employer's place of business outside province | |
| (5) | Accidents on ships | |
| (6) | Assessment of employer of worker outside province | |
| 6 | Where compensation payable under law of another jurisdiction | |
| (2) | Where election not made | |
| (3) | Effect of claims under law of another jurisdiction | |
| (4) | Exception if injustice would result | |
| 7 | Compensation in respect of private employment | |
| (2) | Apprentices | |
| 8 | [Repealed] | |
| 9 | Right of action against person other than employer | |
| (2) | Disposal of moneys recovered | |
| (3) | Compromises must be approved by board | |
| (4) | Commencement of action tantamount to notice of claim | |
| (5) | Where claim vested in board | |
| (6) | [Repealed] | |
| (7) | Limitation of right of action | |
| (7.1) | Exception of motor vehicle accident | |
| (8) | Damages against other employers, workers or directors | |
| (9) | Election for minor | |
| (10) | Board may file claim for injured worker | |
| 10 | Where judgment exceeds compensation | |
| 11 | Principal's duty to see that contractor files statements | |
| 12 | Board to decide all claims | |
| 13 | Compensation to be in lieu of other rights | |
| (2) | Minor entitled to compensation | |
| 14 | No waiver or contracting out | |
| 15 | No deduction from wages or contribution by worker | |
| 16 | Offence and obligation to repay workers | |
| 17 | Notice of accident | |
| (2) | Contents of notice | |
| (3) | Notice of occupational disease | |
| (4) | Manner of giving notice | |
| (5) | Failure to give notice a bar to any claim | |
| 18 | Employer to report accident | |
| (1.1) | Definition of "business day" | |
| (2) | Contents of report and filing | |
| (3) | Further reports | |
| (4) | Offence | |
| (5) | [Repealed] | |
| 18.1 | Employer's duty to report worker's return to work | |
| (2) | [Repealed] | |
| 19 | Application for compensation | |
| (2) | Application must be filed within one year | |
| (3) | Payment of medical aid | |
| (4) | Worker's duty to report return to work | |
| (5) | Offence | |
| 19.1 | Discouraging worker from claiming compensation | |
| (2) | No discriminatory action | |
| (3) | Onus on employer | |
| (4) | Offence | |
| 19.2 | Board may require notices | |
| (2) | Offence | |
| 20 | Duty of those providing care to an injured worker | |
| 20.1 | Medical reports not admissible as evidence | |
| 21 | Worker to submit to examination | |
| (2) | Failure to be examined | |
| 22 | Worker to co-operate and mitigate | |
| (2) | Board may reduce or suspend compensation | |
| 23 | Wage loss benefits exempt from garnishment order | |
| (2) | [Repealed] | |
| (3) | Compensation exempt from garnishment, etc. | |
| 24 | Review of payments by board | |
| (2) | Suspension of payments to imprisoned worker | |
| (3) | Payment of suspended compensation | |
| (4) and (5) | [Repealed] | |
| (6) | [Repealed] | |
| (7) | Board may determine how to pay compensation | |
| (8) | Payments to committee or substitute decision maker | |
| 25 | [Repealed] | |
| 26 | Payment of compensation for minor | |
| MEDICAL AID | ||
| 27.1 | Limit on further claims | |
| 27.2 | Agreements with Minister of Health | |
| COMPENSATION ON DEATH OF WORKER | ||
| 28 | Compensation in respect of deceased worker | |
| (2) | Compensation and costs payable on death of worker | |
| 29 | Compensation payable to dependants | |
| (2) and (3) | [Repealed] | |
| (4) | Monthly payments reviewed and indexed | |
| (5) | Duration of monthly payments | |
| (6) | Exception to subsection (5) | |
| (7) | Further exception to subsection (5) | |
| (8) | Duration of monthly payments to spouse or common-law partner with children | |
| (9) | Extension of monthly payments where hardship | |
| (10) | Duration of payments to child under (1)(b) | |
| (11) | Duration of payments to dependant under clause (1)(e) | |
| (12) | Conversion to annuity | |
| 29.1 | [Repealed] | |
| 30 | Former spouse or common-law partner included | |
| (1.1) | Former common-law partner | |
| (2) | Limit to payment | |
| (3) | Apportionment | |
| 31 | Limit on amount payable to children | |
| (2) | Limit on amount payable to dependants | |
| (3) | Apportioned payments under clauses (1)(b) to (e) | |
| 32 | Dependant payment ended and adjusted | |
| 32.1 | Commutation of payments | |
| 33 | Academic or vocational assistance | |
| 34 | Eligibility for two monthly payments | |
| 35 | Board may require proof respecting dependency | |
| ANNUITIES | ||
| 36 | Where compensation available as annuity | |
| (2) | Types of annuity | |
| (3) | Financial advice on annuities | |
| (4) | Payment on death of annuitant | |
| (5) | Disposition of unclaimed annuities | |
| 37 | Compensation payable | |
| 38 | Determination of impairment | |
| (2) | Calculation of impairment award | |
| (3) | [Repealed] | |
| (4) | Award calculated as of day of accident | |
| (5) | Method of payment | |
| (6) | Reconsideration of degree of impairment | |
| (7) | [Repealed] | |
| (8) | Re-application under subsection (6) | |
| (9) | Where worker dies before determination | |
| 39 | Wage loss benefits for loss of earning capacity | |
| (2) | Duration of wage loss benefits | |
| (3) | Exception re workers 61 years of age or older | |
| (4) | Periodic payment of wage loss benefits | |
| (5) | Limit to wage loss benefits payable | |
| (6) | Earnings at or below the minimum | |
| (7) | Exception | |
| 39.1 | [Repealed] | |
| 39.2 | Payment of wages by employer for first 14 days | |
| (2) | Exception | |
| 40 | Calculation of loss of earning capacity | |
| (2) | Monthly payments adjusted and indexed | |
| (3) | Calculation of net average earnings | |
| (4) | Table of net average earnings | |
| (5) | Recurrence of loss of earning capacity | |
| (6) | Worker's return to employment | |
| (7) | Transfer of costs of wage loss benefits | |
| 41 | Definition of "collateral benefit" | |
| (2) | Earning capacity includes collateral benefit | |
| (3) | Non-taxable collateral benefit deducted | |
| (4) | Collateral benefit in excess of ceiling | |
| (5) to (7) | [Repealed] | |
| 42 | Definitions | |
| (2) | Board's contribution to annuity | |
| (4) | Establishment of annuity for retirement | |
| (5) | [Repealed] | |
| (6) | Use of annuity funds | |
| (7) | Payment of lump sum instead of annuity | |
| (8) | Annuity payment on death of worker | |
| (9) | Lump sum converted to annuity | |
| (10) | Division of annuity benefits on marriage breakup | |
| (2) | Types of benefit programs | |
| (3) | Funding of benefit plan | |
| (4) | Voluntary participation in benefit plan | |
| (5) | Group life insurance plan | |
| (6) | Cost of plan to board | |
| (2) | Use of rounded figure | |
| (3) | [Repealed] | |
| 45 | Calculation of average earnings | |
| (2) | Average earnings includes all employment income | |
| (3) | Adjustment of earning capacity | |
| (4) | Adjustment of earning capacity based on age | |
| (5) | Allocation of additional cost | |
| 47 | Definition of "industrial average wage" | |
| (2) | Annual calculation of ratio | |
| (3) | Indexing factor if ratio is 1.06 or less | |
| (4) | Cap of 6% on indexing | |
| (5) | Ratio may be increased by regulation | |
| (6) | Carry forward of excess | |
| PERIODIC ADJUSTMENT OF COMPENSATION | ||
| 48 | Definition of "consumer price index" | |
| (2) | Annual calculation of ratio | |
| (3) | Annual indexing factor if ratio of 1.06 or less | |
| (4) | Cap of 6% on annual indexing | |
| (5) | Cap may be increased by regulation | |
| (6) | Annual calculation of biennial ratio | |
| (7) | Biennial indexing factor if ratio is 1.12 or less | |
| (8) | Cap of 12% on biennial indexing | |
| (9) | Cap may be increased by regulation | |
| 49 | Adjustment of monthly allowance re death of worker | |
| (2) | Adjustment of prior permanent disabilities | |
| (3) | Adjustment of temporary disability compensation, etc. | |
| (4) | Adjustment of minimum and maximum | |
| (5) | Time of adjustments under subsections (3) and (4) | |
| 49.1 | Exception re adjustment for person 65 or over | |
| 49.2 | Deficiency in accident fund | |
| (2) | Exception re government guarantee | |
| 49.3 | Obligation to re-employ | |
| (2) | Exception | |
| (3) | Duration of obligation | |
| (4) | Duty to accommodate | |
| (5) | Able to perform the essential duties | |
| (6) | Able to perform suitable work | |
| (7) | Determinations re return to work | |
| (8) | Effect of termination | |
| (9) | Layoff or termination | |
| (10) | Notice of dispute | |
| (11) | Resolution of dispute | |
| (12) | Mediation | |
| (13) | Limitation | |
| (14) | Board may determine whether employer fulfills obligation | |
| (15) | Failure to comply | |
| (16) | Conflict with collective agreement | |
| THE WORKERS COMPENSATION BOARD | ||
| 50 | Board continued | |
| (2) | Administration of Act of Canada | |
| (3) | Duties under other Acts | |
| (4) | [Repealed] | |
| (5) | General powers | |
| (6) | Not a reporting organization under Financial Administration Act | |
| BOARD OF DIRECTORS | ||
| 50.1 | [Repealed] | |
| 50.2 | Board of Directors | |
| (2) | CEO is ex officio member of Board of Directors | |
| (3) | Review of nominee qualifications | |
| (4) | Minimum number of nominees | |
| (5) | Qualifications and criteria for board membership | |
| (6) | Term and eligibility for re-appointment | |
| (7) | After term expires | |
| (8) | Removal of director | |
| (9) | Remuneration | |
| 51 | Absence of chair | |
| 51.1 | Functions of the board | |
| 51.2 | Establishment of committees | |
| 52 to 54 | [Repealed] | |
| 54.1 | Definitions | |
| (2) | Prevention activities | |
| (2.1) | [Repealed] | |
| (3) | Expenditures | |
| (4) | Information | |
| 54.2 | Prevention advisory council | |
| 55 | Powers of board as to witnesses | |
| (2) | Depositions | |
| 56 | Conflict of interest | |
| 57 | Board offices | |
| 58 | Board meetings | |
| (2) | Quorum | |
| (3) | Vacancy | |
| 59 | C.E.O. and other employees | |
| (2) | Tenure | |
| (3) | Superannuation fund for employees | |
| (3.1) | Board is plan administrator of superannuation fund | |
| (4) | Contribution to civil service superannuation fund of the province | |
| 60 | General jurisdiction | |
| (2) | Particular jurisdiction | |
| (2.1) | Deemed worker and employer | |
| (2.2) and (2.3) | [Repealed] | |
| (3) | Review by board | |
| (4) | Board decisions | |
| (5) | Board to determine right of action | |
| 60.1 | Initial determination | |
| (3) | Procedure for reconsideration | |
| (4) | Reasons upon reconsideration | |
| (5) | Appeal to appeal commission | |
| 60.2 | Establishment of appeal commission | |
| (1.1) | Consultation re appointments of commissioners | |
| (2) | Term of office | |
| (2.1) | Eligible for reappointment | |
| (3) | Ineligible persons | |
| (4) | Remuneration of appeal commissioners | |
| (5) | Powers after resignation or expiry of term | |
| (6) | Authorization continues until final decision made | |
| (7) | Remuneration after resignation or expiry of term | |
| 60.3 | Panels | |
| (2) | Reference to panel | |
| (3) | Panel has authority of commission | |
| (4) | Sittings of commission or panel | |
| (5) | Quorum of panel | |
| (6) | Reference to new panel | |
| (7) | Decision of panel is that of board | |
| 60.4 | Conflict of interest | |
| 60.5 | (1) | [Repealed] |
| (2) | C.A.C. may delegate | |
| 60.6 | Costs of commission | |
| 60.7 | Practice and procedure | |
| 60.8 | Jurisdiction of appeal commission | |
| (2) | Powers of appeal commission | |
| (3) | Further investigation | |
| (4) | Representations and new evidence | |
| (5) | Decision on appeal | |
| (6) | Commission bound by board policies | |
| (7) | [Repealed] | |
| (2) | Not a further level of appeal | |
| (3) | Board may make policies re review | |
| 60.10 | Reconsideration by appeal commission | |
| (2) | Nature of new evidence required | |
| (3) | Finality of decision | |
| (4) | No general power of reconsideration | |
| (5) | Correction of clerical or typographical errors | |
| 60.11 | Annual report of appeal commission | |
| (2) | Tabling report in Assembly | |
| 61 | Protection from liability | |
| 63 and 64 | [Repealed] | |
| 65 | [Repealed] | |
| 66 | Reports of officers of board | |
| (2) | Powers of officers | |
| 67 | Definitions | |
| (2) | [Repealed] | |
| (3) | Reference by board on its discretion | |
| (4) | Reference to panel on request of worker | |
| (4.1) | Reference to panel on request of employer | |
| (5) | Duties of chair | |
| (5.1) | Panel may examine, consult | |
| (6) | Opinion in writing | |
| (7) | Opinion of panel | |
| (8) | Dissenting opinion | |
| (9) | Composition of medical review panels | |
| (10) | Chair of medical review panels | |
| (11) | Selection of other members of medical review panel | |
| (12) | Failure of parties to select | |
| (12.1) | Ineligible physicians | |
| (12.2) | Board to select in certain cases | |
| (13) | Provision of lists by College of Physicians and Surgeons | |
| (14) | [Repealed] | |
| (15) | [Repealed] | |
| (16) | Remuneration for members of panel | |
| (17) | Procedures | |
| (18) | [Repealed] | |
| 68 | (1) | [Repealed] |
| (2) | Consultation for benefit program regulation | |
| (2.1) and (2.2) | [Repealed] | |
| 68.1 | Certified document is evidence | |
| 69 | Annual audit | |
| (2) | Special audit or investigation | |
| (3) | Program audit | |
| 71 | [Repealed] | |
| 71.1 | [Repealed] | |
| 71.2 | [Repealed] | |
| 71.3 | [Repealed] | |
| 72 | [Repealed] | |
| ACCIDENT FUND | ||
| 73 | Accident fund continued | |
| (2) | Assessment classes established | |
| 74 | Optional coverage for firms in excluded industries | |
| (2) | [Repealed] | |
| (3) | Optional coverage for employers and directors | |
| (4) | Compensation to employer, director of corporation | |
| 75 | Optional coverage for independent contractor | |
| (2) | Independent contractor as employee of employer | |
| (3) | Meaning of "independent contractor" | |
| 75.1 | Non-profit or charitable organization and volunteers admitted | |
| (2) | Volunteers deemed to be workers | |
| (3) | Average earnings | |
| (4) | Automatic indexation | |
| 76 | Application to Crown employees | |
| (2) | Workers of agencies of the government | |
| (3) | Workers of agency of government before July 11, 1972 | |
| (4) | Workers of government agency dealt with separately | |
| (5) | Meaning of "agency of the government" | |
| 76.1 | [Repealed] | |
| 76.2 | Schedule of self-insured employers | |
| (2) | Withdrawal from schedule | |
| (3) | Individual liability | |
| (4) | Levy for added compensation for past accidents | |
| 76.3 | Authority to defer collection of funds | |
| (2) | Board may defer collection from self-insurers | |
| (3) | Board may require deposit for compensation | |
| 76.4 | Deferred funds are receivables | |
| 76.5 | Government guarantee | |
| 76.6 | Determination of amount payable | |
| 76.7 | Added sum for funds | |
| 77 | Determining persons as workers | |
| (1.1) | Regulation may be retroactive | |
| (2) | Method of describing class | |
| (3) | Average earnings of declared worker | |
| (3.1) | Calculation where death or long-term loss | |
| (3.2) | Automatic indexation | |
| (4) | Rights under this Act in lieu of other rights | |
| 77.1 | Person in work experience program declared worker | |
| (2) | Method of describing class | |
| (3) | Average earnings | |
| (4) | Automatic indexation | |
| (5) | Deemed employer | |
| (6) | Period of employment | |
| (7) | Determining record and experience of deemed employer | |
| 78 | Regulations affecting classes of industries | |
| (2) | Adjustment of funds | |
| 79 | Assignment of industry to class, group | |
| (2) | Re-assignment of industry to class, group | |
| 79.1 | Terms and conditions on exclusion | |
| (2) | Record of wages | |
| (3) | Nature of work | |
| (4) | Basis of estimated payroll | |
| (4.1) | Insurable earnings from 1992 to 2005 | |
| (5) | Offence | |
| (6) | Board may estimate assessment | |
| (6.1) | Interest on under-assessment | |
| (6.2) | Interest on over-assessment | |
| (7) | Continuing liability of employer | |
| (8) | Information furnished by municipal officers | |
| (9) | Remuneration | |
| (10) | Notice of building permits granted | |
| 80.1 | Waiver of requirement to furnish estimate of payroll | |
| (2) | Certain parts of Act do not apply | |
| (3) | Assessments based upon actual payroll | |
| (4) | Time for payment | |
| (5) | Liability for interest | |
| (6) | Revocation of waiver | |
| 81 | Annual assessment for accident fund | |
| (1.1) | Deferred collection of future payments | |
| (2) | Transfer from stabilization fund | |
| (2.1) | Reinsurance against disaster | |
| (3) | How assessment to be made | |
| (4) | Collection of assessments | |
| (5) | Deficiency in assessments | |
| (7.3) | Basis of employer's payment of assessments | |
| (8) | Levies for increases in compensation | |
| 82 | Rates for kinds of employment in same class | |
| (2) | Reduced assessments and refunds | |
| (3) | Increased and additional assessments | |
| (4) | Determination of experience | |
| (5) | Transfer of cost to other class where negligence | |
| (6) | Assessment reduction | |
| (7) | Assessment surcharge | |
| (8) | Finality of assessments | |
| 83 | Security by employer in certain cases | |
| (2) | Judge may restrain employer where no payment | |
| 84 | Assessment respecting grant | |
| 84.1 | Grant to government for expenses | |
| (2) | Annual increase in grant | |
| 85 | Collection of assessments by board | |
| (2) | Certificate of default filed in court | |
| 85.1 | Prohibition from carrying on business | |
| 85.2 | Liability of directors for money owing | |
| (2) | Contribution by other directors | |
| 87 | Separate accounts for each class or fund | |
| 88 | Annual adjustment of assessment | |
| (2) | Change in ownership of undertaking | |
| 89 | Work done for municipal corporation under contract | |
| (2) | Right of principal as against contractor | |
| (3) | Contractor as principal | |
| 90 | Liability of contractor and principal | |
| (2) | Liability of sub-contractor and contractor | |
| 91 | [Repealed] | |
| 92 | [Repealed] | |
| 93 | [Repealed] | |
| 94 | (1) | [Repealed] |
| (2) | Investment of excess funds | |
| (3) to (5) | [Repealed] | |
| 95 | [Repealed] | |
| 96 | [Repealed] | |
| 97 | [Repealed] | |
| 97.1 | Research and safety programs | |
| (2) | Allocation of cost | |
| 98 | Returns from industry commenced after prescribed date | |
| (2) | Offence | |
| INSPECTIONS | ||
| 101 | Information obtained not to be divulged | |
| (1.3) | Application of subsections 101(1.1) and (1.2) | |
| (1.4) | Notice of request for access | |
| (1.5) | Review of decision by C.A.C. | |
| (1.6) | Board may charge fee for copy | |
| (1.7) | Copy of documents without charge | |
| (2) | Access to files | |
| (3) | Files to remain on board premises | |
| (4) | Individuals not be named | |
| (5) | Secrecy to be maintained | |
| (6) | Powers of committee | |
| (7) | Offence | |
| 102 | [Repealed] | |
| 103 | [Repealed] | |
| LIEN FOR AMOUNTS OWING TO BOARD | ||
| 105 | Allocation of cost of occupational disease | |
| 106 | [Repealed] | |
| 107 | [Repealed] | |
| (2) | Role of worker adviser | |
| (3) | [Repealed] | |
| (4) | Access to information | |
| 108.1 | Appointment of Fair Practices Advocate | |
| (2) | Report to the Board of Directors | |
| (3) | Fair Practices Advocate may investigate and recommend | |
| 109 | Enlargement of time limited for applications | |
| 109.1 | Offence | |
| (2) to (5) | [Repealed] | |
| 109.2 | Recovery of overpayments | |
| 109.3 | Right of set off | |
| 109.4 | Commutation of past pensions | |
| 109.5 | Board may delegate to agent | |
| (3) | Agent's access to information | |
| (4) | Request for reconsideration by board | |
| (5) | Expenses paid from accident fund | |
| 109.6 | Fines for offences | |
| (2) | Offence under subsection 109.1(1) | |
| (3) | Offence by corporation | |
| (4) | Continuing offence | |
| (5) | Restitution | |
| (6) | Order filed in court | |
| (7) | Limitation on prosecution | |
| (8) | Rights not affected by prosecution | |
| (9) | Certificate as proof | |
| ADMINISTRATIVE PENALTY | ||
| (1.2) | Serving the notice | |
| (1.3) | Appeal to the appeal commission | |
| (1.4) | Notice of hearing | |
| (1.5) | Decision of appeal commission | |
| (2) | No offence to be charged if penalty paid | |
| (3) | Relief from penalty | |
| (4) | Enforcement of penalty | |
| (5) | Public disclosure of administrative penalties | |
| 109.8 | Service or filing of documents with the board | |
| PART II | ||
| GENERAL | ||
| 110 | Application of sections 111 to 113 | |
| 111 | Liability of employer | |
| (2) | Liability of person supplying defective ways, work | |
| (3) | Saving | |
| (4) | Continuing in employment with knowledge of defect | |
| 112 | Common law rules superseded | |
| 113 | Contributory negligence | |
| 114 | [Repealed] | |
| 115 | Review of this Act | |
| (3) | Report to minister and board | |
| REGULATIONS | ||
| SCHEDULE | ||