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

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WCB LEGISLATIVE REVIEW PANELTERMS OF REFERENCEBACKGROUNDWorkers’ Compensation ActsThe fundamental principles of the workers’ compensation system provide a generalpolicy base. Any recommendations or public opinion should be measured against theseprinciples:1. The historic trade off: Workers relinquish their right to sue employers, at common law, in return for a nofault system of compensation, medical treatment and rehabilitation. Employers accept collective liability, and totally fund the compensation system inreturn for protection from legal action.2. Independence and accountability: WCBs must be independent of the executive branch of government, and must beperceived as adjudicating on an independent basis. Accountability is a fundamental prerequisite for preventing misuse of delegatedpower.These fundamental principles are incorporated in the existing Workers’ CompensationActs.Safety ActsThe Safety Act in each Territory establishes the safety regulations, which govern specificestablishments or types of establishment. The purpose of occupational health and safetylegislation is to provide the required standards to ensure that workers and the generalpublic are not exposed to unsafe or hazardous workplaces.The concept of an occupational health and safety system is incorporated in the two SafetyActs. The General Regulations provide specific employers or types of employers withspecific occupational health and safety guidelines to govern their activities.Current StatusIn recent years, stakeholder input has suggested updating the provisions of the Acts andGeneral Regulations. Various review panels and Standing Committees of the LegislativeAssembly have made reports and recommendations; however, this has not resulted inchanges to legislation. In addition, recent legal challenges have indicated the need torevise the Workers’ Compensation Acts and Safety Acts.As a result of these needs, the Ministers have decided to review the Acts by establishingan independent panel that would consult stakeholders and make recommendations forchange.Appendix BPage B1 of B2WCB Legislative Review Panel Report December, 2001
WCB LEGISLATIVE REVIEW PANELTERMS OF REFERENCEAUTHORITYThe Legislative Review Panel is established under the authority of the MinistersResponsible for the Workers’ Compensation Board (WCB) of the Northwest Territoriesand Nunavut to review the Workers’ Compensation Acts and Safety Acts and GeneralSafety Regulations of the Northwest Territories and Nunavut.The Review Panel will: hear oral presentations and review written submissions from stakeholder groups inthe Northwest Territories and Nunavut; report on the results of the consultation process and express its views on the issuespresented by the stakeholder groups; and make recommendations to the Ministers for changes to the Acts.SCOPE OF REVIEWThe Panel will review:The Workers’ Compensation Acts of the Northwest Territories and Nunavut thatgovern payment of compensation for workers and their dependants, and providestewardship of the funds employers contribute for this purpose.The Safety Acts and General Regulations of the Northwest Territories and Nunavutthat encompass safe workplaces and work environments, as well as safe workpractices and procedures. The concept of an occupational health and safety system isincorporated in the Safety Acts.The Panel will not review the operations, internal organization or service levels of theWCB.PROCESSThe Review Panel will consist of a Chairperson, representing the public interest, fourindependent members and two members from the WCB’s Board of Directors. Thesesix members will include three from Nunavut and three from the NorthwestTerritories, and three each representing workers and employers.The Chairperson of the Review Panel will be the spokesperson for the panel.The Review Panel will undertake a public consultation process, to include publichearings in the Northwest Territories and Nunavut, and will solicit input fromstakeholders in both territories. Issue papers will be prepared and made available tostakeholders to facilitate this process.The Review Panel will commence work in January 2001, and will submit its reportand recommendations to the Ministers by December 2001.Appendix BPage B2 of B2WCB Legislative Review Panel Report December, 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
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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
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 and 128: 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: WCB Legislative Review Panel Terms
Page 143 and 144: STAKEHOLDER QUESTIONNAIRE AND SUMMA
Page 177 and 178: SUMMARY OF ISSUES FROM PUBLIC HEARI
Page 183 and 184: Key:SUMMARY OF ISSUES FROM PUBLIC H
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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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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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