Workers' Compensation Act: Table of Contents
Workers' Compensation Act
Table Of Contents (By Section)


REGULATIONS OVERVIEW here
SHORT TITLE (1)
DEFINITIONS (2)
SCOPE (3-9)

Employers and workers included in Part I (3)
Other persons or groups which may be admitted to the operation of the Act (4)
Admission of volunteer fire departments (5)
Admission of students (6)
Trade or business of municipality (7)
Employer of leased worker (8)
Deemed worker (9)


ELIGIBILITY (10-18)

Eligibility for compensation - general (10)
Presumption where worker found dead in coal mine (11)
Eligibility for compensation for occupational disease (12)
Compensation for silicosis and pneumonoconiosis (13)
Time limit for submitting claim for occupational disease (14)
Compensation for exposure to radiation (15)
Interjurisdictional agreements (16)
Medical examination for occupational disease (17)
Apportionment of cost of occupational disease claim (18)


RESIDENCY AND ELECTION TO CLAIM (19-27)

Residency rules - general (19)
Accident during absence from Province (20)
Accident during temporary presence in Province (21)
Accident during temporary absence from Province of non-resident worker (22)
Compensation where entitlement outside Province (23)
Accident outside Province in transportation industry (24)
Assessment of employer (25)
Liability of employer where full earnings not reported (26)
Election to claim where entitled in more than one province (27)


THIRD PARTY CLAIMS AND SUBROGATION (28-33)

Compensation as exclusive right (28)
Determination whether right of action is barred by Act (29)
Subrogation of Board (30)
Distribution of proceeds (31)
Right of action in other jurisdiction (32)
Bar to third party proceedings (33)


PERMANENT IMPAIRMENT BENEFIT (34-36)

Permanent impairment benefit and rating schedule (34)
Compensation for coal miners with impairment of lung function (35)
Presumption where permanent impairment of 100% (36)


EARNINGS REPLACEMENT BENEFIT / LOSS OF EARNINGS (37-49)

Earnings replacement benefit and waiting period (37)
Loss of earnings (38)
Net average earnings (39)
Net average earnings where recurrence (40)
Maximum annual earnings (41)
Gross average earnings (42)
Earnings where impracticable to compute (43)
Earnings where concurrent contracts of employment (44)
Earnings where worker is a learner (45)
Earnings where worker is young (46)
Allocation of cost of additional earnings (47)
Maximum compensation (48)
Collateral benefits (49)


ANNUITY (50-58)

Annuity (50)
Application of annuity provisions (51)
Payment of annuity (52)
Annuity is in addition to other compensation (53)
Administration of annuity (54)
Annuity is in addition to other benefits (55)
Payment of annuity where worker dies before annuity payable (56)
Payment of annuity where worker dies after annuity payable (57)
Payment of unclaimed annuity into Accident Fund (58)


SURVIVOR BENEFITS (59-68)

Definitions (59)
Survivor benefits - general (60)
Payment to foster parent (61)
Additional payment to dependent child (62)
Limitation on survivor pension (63)
Duration of dependent child benefit (64)
Apportionment of compensation among dependants (65)
Annuity (66)
Limitation on number of benefits (67)
Autopsy requests (68)


INDEXING (69-70)

Definition (69)
Calculation of indexing factor (70)


REVIEW OF COMPENSATION (71-73)

Review of permanent impairment benefit (71)
Review of temporary earnings replacement benefit (72)
Review of extended earnings replacement benefit (73)


PAYMENT OF COMPENSATION (74-81)

Board may pay compensation periodically or in lump sums (74)
Commencement of compensation (75)
Board shall consider payment from employer or other person (76)
Compensation not to be seized or assigned (77)
Payment where worker unable to administer for own benefit (78)
Payment where worker dies (79)
Withholding of compensation where deceased worker is child under fourteen (80)
Withholding of compensation where worker deliberately incurs risk (81)


DUTIES OF WORKERS (82-85)

Filing of claim (82)
Notice of accident to employer (83)
Duty to mitigate and co-operate (84)
Medical examination (85)


DUTIES OF EMPLOYERS (86-88)

Notice to Board of accident (86)
No agreement to waive compensation (87)
Prohibitions on employer conduct (88)


RE-EMPLOYMENT (89-101)

Scope and definitions (89)
Duty to re-employ (90)
Duty to accommodate (91)
Duration of duty (92)
Employer not bound where offer refused (93)
Presumption of non-compliance (94)
Worker may seek determination by Board (95)
Determination by Board (96)
Duty of employer on receiving notice - worker able to perform essential duties (97)
Duty of employer on receiving notice - worker able to perform suitable work (98)
Board may order reinstatement or levy penalty (99)
Application where in conflict with collective agreement or practice (100)
Failure to re-employ does not ground claim for compensation (101)


MEDICAL AID (102-111)

Medical aid - general (102)
Personal care allowance (103)
Exclusive jurisdiction of Board (104)
Fees and charges (105)
Time limit for submitting account (106)
Employer to furnish transportation to injured worker (107)
Only Board to be charged for medical aid (108)
Board to be provided with information (109)
Hospital to report death of worker (110)
Board may pay for surgical procedure (111)


REHABILITATION (112-113)

Board may take measures to assist worker (112)
Duty of worker to co-operate (113)


ACCIDENT FUND AND ASSESSMENTS (114-134)

Establishment of Accident Fund (114)
Assessment - general (115)
Obligation of Board to retire annual operating deficit (116)
Application of Section (117)
Employer who has ceased to be an employer has no interest in Accident Fund (118)
Accident Fund is indivisible (119)
Board may divide employers into classes and sub-classes (120)
Experience rating (121)
Adjustment of funds (122)
Notice of assessment (123)
Method of calculating assessments (124)
Procedure for collection of assessments (125)
Assessments may be general or special (126)
Employer to provide information (127)
Adjustment of assessment (128)
Required employer records (129)
Board may deem amount of payroll (130)
Person to provide information to enable Board to determine liability for assessment (131)
Assessor to provide information (132)
Municipality to provide information (133)
Self-insured employers (134)


LIABILITY FOR ASSESSMENTS (135-145)

Employer requirement to pay assessment (135)
Liability of corporate directors (136)
Liability of assessable employer (137)
Liability of successor employer (138)
Payment of assessment where employer is temporary (139)
Liability for assessment on contractor (140)
Liability for assessment on subcontractor (141)
Board may deem workers of contractor or subcontractor (142)
Holdback by principal or contractor (143)
Assessment may be paid by municipality or public service commission (144)
Unpaid assessment bears compounded interest (145)


COLLECTION OF ASSESSMENTS (146-150)

Board may file certificate with Supreme Court (146)
Lien on personal or real property (147)
Liability of person dealing with property subject to lien (148)
Injunction where employer in default (149)
Priority under other laws (150)


GOVERNANCE (151-177)

Appointment of Board of Directors (151)
Term of office of Directors (152)
Remuneration of Board of Directors (153)
Proceedings of Board of Directors (154)
Quorum and exercise of powers of Chair (155)
Delegation of authority by Chair (156)
Delegation of authority by Board of Directors (157)
Chief Executive Officer (158)
Board may appoint staff (159)
Reports by Board (160)
Review committee established after three fiscal years (161)
Funding for research and safety programs (162)
Agreement with Health Services and Insurance Commission (163)
Administration of federal laws (164)
Co-operation with Occupational Health and Safety Division (165)
Interjurisdictional agreements (166)
Immunity from suit (167)
Non-compellability (168)
Board may prescribe forms (169)
Head office and other offices (170)
Acquisition by Board of real property (171)
Investments and taxation (172)
Board employees subject to Public Service Superannuation Act (173)
Proof of document (174)
Auditor (175)
Notice to Board and Minister where question arising under Act (176)
Expenses paid from Accident Fund (177)


POWERS OF THE BOARD (178-184)

Powers of inquiry (178)
Witness expenses (179)
Access to employer premises and documents (180)
Compliance officers and identification (181)
Board documents in evidence (182)
Board may adopt policies (183)
Regulations (184)


DECISION-MAKING (185-195)

Exclusive jurisdiction of Board (185)
Real merits and justice (186)
Benefit of the doubt (187)
Participation in decision-making (188)
Service of documents (189)
Board may extend time limit in Act (190)
Admissibility of record (191)
Release of information by Board (192)
Access to claim-related information (193)
Board may enter into agreements (194)
Medical reports privileged (195)


APPEALS (196-206)

Reconsideration of decision (196)
Appeal to Hearing Officer (197)
Decision-making (198)
Referral to Board of Directors (199)
Postponement by Chair (200)
Board of Directors may issue policy (201)
Duration of postponement (202)
Medical Review Commission (203)
Procedure of Commission (204)
Powers of Commission (205)
Stated case to Court of Appeal (206)


PENALTIES AND RECOVERY OF OVERPAYMENTS (207-220)

Penalty (207)
Penalty (208)
Penalty where no penalty provided for (209)
Penalty for false statement (210)
Penalty for impeding inquiry (211)
Penalty for assisting offence (212)
Liability of corporate directors to penalties (213)
Collection of penalties (214)
Procedure for collection of penalties (215)
Additional penalties (216)
Board may charge interest and percentage penalties (217)
Penalties form part of Accident Fund (218)
No prosecution without leave of Board (219)
Recovery of overpayment (220)


LIABILITIES OF EMPLOYERS IN INDUSTRIES NOT WITHIN THE SCOPE OF THIS ACT (221-223)


FORMER PART III (224)


TRANSITIONAL (225-237)

Definition (225)
Compensation under former Act confirmed (226)
Application of Act to compensation for permanent disability - injury before March 23, 1990 (227)
Application of Act to compensation for permanent disability - injury after March 23,1990 (228)
Application of Act to compensation for temporary disability (229)
Payments under Section 33 of former Act continued (230)
Payments from Consolidated Fund to continue (231)
Rules applicable to appeals under former Act (232)
Appointment of auditor (233)
Remitting of appeals under former Act to Board - new evidence (234)
Remitting of appeals under former Act to Board - internal remedies available (235)
Remitting of appeals under former Act to person appointed by Governor in Council (236)
Application of former Act (237)


PART II - WORKERS' COMPENSATION APPEALS TRIBUNAL (238-258)

Appeals Tribunal established (238)
Remuneration of Appeal Commissioners (239)
Procedures (240)
Governance (241)
Temporary Chief Appeal Commissioner (242)
Leave to appeal (243)
Composition of hearing panel (244)
Participants (245)
Decision-making (246)
Referral to Board of Directors (247)
Postponement by Chair (248)
Board of Directors may issue policy (249)
Duration of postponement (250)
Referral to Hearing Officer (251)
Powers of Appeals Tribunal (252)
Recording of hearing (253)
Independent expert advice (254)
Regulations (255)
Appeal to Court of Appeal (256)
Annual report (257)
Expenditures (258)


PART III - WORKERS' ADVISERS PROGRAM (259-274)

Definitions (259)
Program established (260)
Purpose of Program (261)
Appointment and duties of Chief Worker Adviser (262)
Head office and other offices (263)
Program under supervision of Chief Worker Adviser (264)
Staff are members of the public service (265)
Engagement of temporary advisers (266)
Advisers may appear and advise (267)
Annual report to Minister (268)
Appropriation from Consolidated Fund (269)
No right to representation (270)
No limitation on right to retain own counsel (271)
Designation and funding of worker association (272)
Workers' counsellors under former Act (273)
Regulations (274)


PART IV - GENERAL (275-277)

Amendments to former Act (275)
Repeal (276)
Proclamation (277)