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

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The Ministers have directed that the Panel must use this general policy base provided bythe Meredith Principles in our assessment of public input and the development of ourrecommendations.2.2 TransparencyStakeholders told the Panel that the administration of the workers’ compensation andsafety systems must be transparent. They want to know why and how those withauthority under the Acts make decisions, administer or interpret the legislation, and applythese interpretations in day-to-day operations.Stakeholders also told us that knowing how legislation is administered is not enough.They want to ensure that all those involved in the systems are held accountable. Thisextends from financial penalties for unsafe workplaces to stewardship of the AccidentFund.The Panel believes that transparency and accountability should be part of the workers’compensation and safety systems. We believe this starts with legislation that is clearabout intent, authorities, entitlements, responsibilities, and obligations.Legislation must contain the means to hold the decision-makers, administrators, andstakeholders within the systems accountable for their actions.2.3 Enabling Versus Prescriptive LegislationSome stakeholders told the Panel that workers’ compensation legislation should beamended to spell out as much detail as possible about entitlements, authorities and otherelements of the system. With this approach, there would be no question aboutinterpretation or administrative discretion. Others told the Panel that legislation shouldprovide a framework for the workers’ compensation system, with the Minister and Boardof Directors filling in the details through regulation and policy.WCB Legislative Review Panel Report Page 7 of 128December, 2001
The Panel has generally adopted the latter position. The Panel feels that legislationshould not be written for the exceptions or to provide job descriptions for administration.Legislation should be clear about its intent and provide a framework to governadministration. However, part of that framework must include the standards and meansfor holding governors and administrators accountable for their actions.2.4 Adjudication Versus LitigationWorkers’ compensation systems are “no fault” - that is, a system based on results ratherthan laying blame. Injured workers are entitled to compensation. Under the provisionsof the legislation, administrators of workers’ compensation systems adjudicate anindividual injured worker’s entitlement. Employers are classified on the basis of the risktheir industry poses. If there is a mistake by administrators, an appeals process isavailable. This is not an adversarial system to prove one right and one wrong. This is asystem to fulfill a social contract between workers and employers. There should not beany reason to litigate.Stakeholders told the Panel in many different ways that they perceive the system in theNWT and Nunavut as an adversarial one. A number of stakeholders described it as “athem against us” situation, with the WCB against the injured worker or employer. Tocorrect their perception of the situation, stakeholders variously proposed more legalassistance for stakeholders in dealings with the WCB, or during the appeals process,dispute resolution, medical resolutions committees, and opening up the exclusivejurisdiction of the WCB over administration of the Acts.The Panel does not accept that making the workers’ compensation system moreadversarial and litigious is an acceptable solution to addressing the very real problemsraised by stakeholders.WCB Legislative Review Panel Report Page 8 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 and 10: 3.0 Workers’Compensation Acts3.1
Page 11: 2.0 General ThemesDuring the course
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
Page 61 and 62: The Acts are very specific in some
Page 63 and 64:
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
Page 77 and 78:
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
Page 83 and 84:
payments such as income tax or payr
Page 85 and 86:
3.13 Environmental ChangeThe Acts h
Page 87 and 88:
construction permits is a matter of
Page 89 and 90:
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
Page 111 and 112:
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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