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

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Recommendation: 3.14.4 Effect of the Nunavut Land Claims Agreement Act1. The recommendations contained in this report for legislative change should bereviewed against the requirements of the Nunavut Land Claims Agreement Act toensure compliance and conformity.4.0 Safety ActsA Summary of RecommendationsRecommendation: 4.1.2 Definition of Worker1. The legislation should be changed to amend the definition of worker to thatrecommended for the Workers’ Compensation Act (Recommendations 3.1.2,Definition of Worker).Recommendations: 4.1.3 Definition of Employer1. The legislation should be changed to include owners, principal contractors, and subcontractorsin the definition of “employer’ and ensure that their collective andultimate responsibility for workplace safety is defined.2. The legislation should be changed to include those non-profit organizations that haveapplied for coverage of their volunteers as workers under the Workers’ CompensationActs.Recommendations: 4.1.4 Process for Changing Codes, Standards, and Other SafetyMeasures1. It is suggested the WCB administration adopt the regular practice of consultingaffected stakeholders, or their representative associations, prior to implementing anychange in the interpretation of codes, standards, or other safety measures contained inthe General Safety Regulations.WCB Legislative Review Panel Report Page 123 of 128December, 2001
2. The legislation should be changed to require the Ministers to prescribe regulationsabout codes, standards, and other safety measures on the advice of the WCB Board ofDirectors.3. The legislation should be changed to require the WCB Board of Directors to consultwith affected stakeholders, or their representative associations, prior to advising theMinister about changes to the General Safety Regulations that govern codes,standards, and other safety measures.Recommendations: 4.1.5 Interim Directives1. The legislation should be changed to enable the WCB Board of Directors, on theadvice of the Chief Safety Officer, to issue directives to change codes, standards, andother safety measures.2. The legislation should be changed to require the WCB Board of Directors to consultwith affected stakeholders, or their representative associations, prior to issuingdirectives that govern codes, standards, and other safety measures.3. The legislation should be changed to enable the WCB Board of Directors to delegatesuch responsibility to consult.4. The legislation should be changed to require the Chief Safety Officer to generallypublicize any directives that are issued and to transmit directives to affectedemployers who shall post directives.Recommendations: 4.1.6 Regular Reviews of the Safety Acts1. The legislation should be changed to require independent reviews of safetylegislation, WCB Board of Directors’ policy governing safety, and WCBadministration of the Acts.2. The legislation should be changed to require independent reviews to take place atleast once every 5 years. This requirement should not limit the Minister’s ability todirect a review more often than every 5 years.WCB Legislative Review Panel Report Page 124 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
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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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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 and 126: Recommendation: 3.7.3 Rewarding Saf
Page 127: Recommendation: 3.12.4 Employer Rec
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
Page 177 and 178: SUMMARY OF ISSUES FROM PUBLIC HEARI
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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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