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

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information concerning personnel, and other confidential or privileged informationlike legal advice.2. The legislation should be reviewed to confirm there are no impediments to access bya worker or employer, or their authorized representative, to information about them orany dealings they are engaged in with the WCB.Recommendations: 3.11.1 Authority to Set Financial Penalties1. The legislation should be changed to remove the specific amounts of financialpenalties.2. The legislation should be changed to enable the Minister, on the advice of the WCBBoard of Directors, to set the level of financial penalties by regulation.3. It is suggested the WCB Board of Directors review the current level of financialpenalties with a view to bringing the amounts of financial penalties up-to-date andadvise the Minister of the results of their review.Recommendations: 3.12.1 Duty to Accommodate1. The legislation should be changed to incorporate the principle of an employer’s dutyto accommodate a recovered worker.2. The legislative changes should include limitations on the duty to accommodate asdescribed in Section 3.12.1, Duty to Accommodate.Recommendation: 3.12.2 Liability of Corporate Directors1. The legislation should be changed to impose personal liability for debts owing to theWCB on those corporate directors of a debtor company who resume operations underanother name.WCB Legislative Review Panel Report Page 121 of 128December, 2001
Recommendation: 3.12.4 Employer Records1. The legislation should be changed to limit the production of employer records tothose related to payroll.Recommendations: 3.13.1 Health Care Definitions1. The legislation should be changed to include a definition of “health care provider”and remove the definition of “physician.” The definition in Saskatchewan’slegislation is recommended for consideration.2. The legislation should be changed to include a definition of “traditional medicine”and “traditional healers.” Practitioners of traditional medicine should be included inthe definition of “health care provider.”3. The legislation should be changed to incorporate the term “health care provider” asappropriate, specifically in Sections 17, 24 and 54.4. The legislation should be changed to recognize the reality of health care deliverysystems in the NWT/Nunavut and include reference to community health centres asappropriate and specifically in Subsection 54(9).5. The legislation should be changed to remove Section 19 and Subsection 22(1).Recommendation: 3.13.2 Reporting of Municipal Construction Permits1. The legislation should be changed to remove the requirement for municipalities toreport the issuance of construction permits to the WCB.2. It is suggested the WCB consider other means that would provide a check onemployer compliance with the Acts and give the WCB a “heads up” to promote safework practices on new projects.Recommendation: 3.14.3 Structure of the Acts1. The legislation, in its entirety, should be changed to group like sections, reorder theparts, eliminate redundant or out-of-date provisions, and simplify the language used.WCB Legislative Review Panel Report Page 122 of 128December, 2001
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Accountable…to stakeholdersCompen
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Table Of Contents3.4.3 Employers’
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Table Of Contents5.0 A FINAL WORD 1
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The Legislative Review Directorate
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3.0 Workers’Compensation Acts3.1
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2.0 General ThemesDuring the course
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The Panel has generally adopted the
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The Panel did receive positive comm
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wanted was to return to work and st
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2. Are there workers in specific in
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Panel feels legislation should be p
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3.2 WCB Authority and Accountabilit
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WCB Board of Directors may chose to
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3.2.6 Regular Reviews of the Worker
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Recommendations: 3.2.8 Liability Pr
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Legislation in 2 other jurisdiction
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The legislation in other jurisdicti
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ones held accountable for a decisio
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members may be reappointed to the W
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Some suggested that having a compen
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Recommendations: 3.4.2 Workers’ A
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The WCB Board of Directors made the
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esolutions committees, under the au
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The Appeals Tribunal must give the
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The Panel considered the establishm
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Recommendations: 3.5.5 Time Limits
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are not familiar with some of the u
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The Panel was interested in the Ont
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Workers’ compensation payments ar
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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
Page 75 and 76: The Panel agrees. We see prior cons
Page 77 and 78: 3.9.3 Authority to Make Investments
Page 79 and 80: Respondents to the Stakeholder Ques
Page 81 and 82: 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
Page 91 and 92: The Panel has recommended changes t
Page 93 and 94: the WCB when it is contemplating ch
Page 95 and 96: 4. The legislation should be change
Page 97 and 98: The Panel was asked to consider rec
Page 99 and 100: No other jurisdictions regulate wor
Page 101 and 102: 4.2.5 Safety InspectionsSome stakeh
Page 103 and 104: 4.4 Employer Responsibilities4.4.1
Page 105 and 106: The Panel feels that the instrument
Page 107 and 108: Recommendation: 4.6.2 Consistency w
Page 109 and 110: others have experience as employers
Page 111 and 112: While the Panel heard positive comm
Page 113 and 114: 5. Operational versus Legislative I
Page 115 and 116: 3. The legislation should be amende
Page 117 and 118: 3. It is suggested that the first r
Page 121 and 122: Recommendations: 3.5.5 Time Limits
Page 125: Recommendation: 3.7.3 Rewarding Saf
Page 131 and 132: Regulations (see also Recommendatio
Page 133 and 134: 5.0 A Final WordThe Panel has recom
Page 135 and 136: Glossary and DefinitionsAccident Fu
Page 137 and 138: Glossary and DefinitionsNet annualr
Page 139 and 140: WCB Legislative Review Panel Terms
Page 141 and 142: WCB LEGISLATIVE REVIEW PANELTERMS O
Page 143 and 144: 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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