Act Now - The Report of the WCB Legislative Review Panel to the

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3.13 EnvironmentalChange3.14 Framework forAdministration4.0 Safety ActsThis section describes issues related to changes in theworkers’ compensation environment.This section describes issues related to direction, guidance,or authority in the administration of the Acts.4.1 WCB Authority andAccountabilityThis section describes issues related to the WCB’sauthority and accountability under the Safety Acts andGeneral Regulations.4.2 Safe Workplaces This section describes issues related to safe workplaces.4.3 Advice fromStakeholders4.4 EmployerResponsibilitiesThis section describes issues related to advice fromstakeholder advisors to the Minister.This section describes employers’ responsibilities under theSafety Acts and General Regulations.4.5 Financial Penalties This section describes issues related to the authority to setfinancial penalties, the amount of penalties, and applicationof fines.4.6 Framework forAdministrationThis section describes issues related to the legislativeframework for administering the Acts.5.0 A Final Word This section contains the Panel’s concluding remarks.6.0 Executive Summaryand Summary ofRecommendationsAppendicesThis section contains an executive summary of sections 1,2, and 5, and the suggestions and recommendations madein the report.Appendix A: Glossary and DefinitionsAppendix B: WCB Legislative Review Panel Terms ofReferenceAppendix C: Stakeholder Questionnaire and Summary ofResponsesAppendix D: Summary of Issues from Public HearingsAppendix E: Summary of Formal Presentations andWritten SubmissionsWCB Legislative Review Panel Report Page 5 of 128December, 2001
2.0 General ThemesDuring the course of the Panel’s public consultation phase, we heard a number of themesrepeated over and over. We have titled our report “ACT NOW” and incorporated manyof the recurring comments we heard from stakeholders into the title:‣ Accountability to stakeholders,‣ Compensation that is fair,‣ Transparency in decision-making,‣ Non-adversarial adjudication, not litigation,‣ Operations that are respectful and responsive, and‣ Workplace safety to prevent work-related injuries.The Panel has highlighted 5 general themes in this report. The Panel’s specificconclusions and recommendations are influenced by these general themes.2.1 The “Meredith Principles”Stakeholders told us of the continued importance of the “Meredith Principles,” which arethe foundation of workers’ compensation systems in Canada. The principles areincorporated in a report about workers’ compensation legislation written by Sir WilliamMeredith and presented to the Lieutenant Governor of Ontario in 1913. These principlesare also described as part of the historic trade-off between workers and employers and aresummarized in the Panel’s terms of reference: Workers relinquish their right to sue employers, at common law, in return fora no fault system of compensation, medical treatment, and rehabilitation. Employers accept collective liability and totally fund the compensationsystem in return for protection from legal action. Workers’ compensation boards must be independent of the executive branchof government and must be perceived as adjudicating on an independent basis. Accountability is a fundamental prerequisite for preventing misuse ofdelegated power.WCB Legislative Review Panel Report Page 6 of 128December, 2001
Page 1 and 2: Accountable…to stakeholdersCompen
Page 3 and 4: Table Of Contents3.4.3 Employers’
Page 5 and 6: Table Of Contents5.0 A FINAL WORD 1
Page 7 and 8: The Legislative Review Directorate
Page 9: 3.0 Workers’Compensation Acts3.1
Page 13 and 14: The Panel has generally adopted the
Page 15 and 16: The Panel did receive positive comm
Page 17 and 18: wanted was to return to work and st
Page 19 and 20: 2. Are there workers in specific in
Page 21 and 22: Panel feels legislation should be p
Page 23 and 24: 3.2 WCB Authority and Accountabilit
Page 25 and 26: WCB Board of Directors may chose to
Page 27 and 28: 3.2.6 Regular Reviews of the Worker
Page 29 and 30: Recommendations: 3.2.8 Liability Pr
Page 31 and 32: Legislation in 2 other jurisdiction
Page 33 and 34: The legislation in other jurisdicti
Page 35 and 36: ones held accountable for a decisio
Page 37 and 38: members may be reappointed to the W
Page 39 and 40: Some suggested that having a compen
Page 41 and 42: Recommendations: 3.4.2 Workers’ A
Page 43 and 44: The WCB Board of Directors made the
Page 45 and 46: esolutions committees, under the au
Page 47 and 48: The Appeals Tribunal must give the
Page 49 and 50: The Panel considered the establishm
Page 51 and 52: Recommendations: 3.5.5 Time Limits
Page 53 and 54: are not familiar with some of the u
Page 55 and 56: The Panel was interested in the Ont
Page 57 and 58: Workers’ compensation payments ar
Page 59 and 60: 3.6.3 Year’s Maximum Insurable Re
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The Acts are very specific in some
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3.6.5 Indexing Compensation by Comm
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2. The legislation should be change
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The Panel considered whether the in
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The Panel heard from some stakehold
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The Acts require any employer, whet
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Respondents to the Stakeholder Ques
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The Panel agrees. We see prior cons
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3.9.3 Authority to Make Investments
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Respondents to the Stakeholder Ques
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The duty to accommodate is not an o
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payments such as income tax or payr
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3.13 Environmental ChangeThe Acts h
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construction permits is a matter of
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date sections, reordering the “pa
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The Panel has recommended changes t
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the WCB when it is contemplating ch
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The Panel was asked to consider rec
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No other jurisdictions regulate wor
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4.2.5 Safety InspectionsSome stakeh
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4.4 Employer Responsibilities4.4.1
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The Panel feels that the instrument
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Recommendation: 4.6.2 Consistency w
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others have experience as employers
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While the Panel heard positive comm
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5. Operational versus Legislative I
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3. The legislation should be amende
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3. It is suggested that the first r
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Recommendations: 3.5.5 Time Limits
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Recommendation: 3.7.3 Rewarding Saf
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Recommendation: 3.12.4 Employer Rec
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Regulations (see also Recommendatio
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5.0 A Final WordThe Panel has recom
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Glossary and DefinitionsAccident Fu
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Glossary and DefinitionsNet annualr
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WCB Legislative Review Panel Terms
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WCB LEGISLATIVE REVIEW PANELTERMS O
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STAKEHOLDER QUESTIONNAIRE AND SUMMA
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SUMMARY OF ISSUES FROM PUBLIC HEARI
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Key:SUMMARY OF ISSUES FROM PUBLIC H
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Key:SUMMARY OF ISSUES FROM PUBLIC H
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smoke.Key:SUMMARY OF ISSUES FROM PU
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SUMMARY OF FORMAL PRESENTATIONS AND
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SUMMARY OF FORMAL PRESENTATIONS AND
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