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

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a) The ultimate public policy objective is safe workplaces and safe workpractices as governed by the Safety Acts and Mine Health and Safety Acts.b) Even with the best of intentions, work-related accidents happen, or workersacquire industrial diseases.c) To address the impact on injured workers and their dependants, there exists ano fault system of compensating injured workers and the dependants ofdeceased workers.d) Compensation is available to:(i) get an injured worker back to work that they are able and capable ofperforming;(ii) mitigate the effects of a work-related injury or disease on the worker’squality of life through compensation; and(iii) provide for the dependants of deceased workers.e) Compensation includes financial, medical, and vocational rehabilitationcompensation.f) The legislation shall be administered with a presumption in favour of theinjured worker and by applying the principles of natural justice.g) The Accident Fund, which provides for the compensation system, must besustained in a manner that recognizes risk and safe work practices.3.1.2 Definition of WorkerThere is a definition of a worker in the Acts that is similar to that found in otherjurisdictions. One cannot rely solely on the definition to determine who is a worker forthe purposes of the Acts. For example, Subsection 11(2)(b) excludes a worker who is afamily member of an employer and living with that employer.The Panel considered a number of issues related to the definition of a worker:1. Should the definition be changed to confirm that an employment relationshipmust exist for someone to be considered a worker?WCB Legislative Review Panel Report Page 13 of 128December, 2001
2. Are there workers in specific industries that should be included or excluded asin other jurisdictions?3. Are there specific types of work or occupations that should be included orexcluded, as in other jurisdictions?4. Should a worker’s relationship to an employer affect their designation as aworker?5. Should independent operators or sole proprietors have the choice ofdesignating themselves as workers?6. Should executive officers of an employer be considered workers?7. Should volunteers be considered workers eligible for compensation in certaincircumstances?When considering the first 4 questions, the Panel concluded that a worker is a worker. Inother words, anyone receiving a paycheque from an employer is a worker. In the Panel’sopinion, this includes “learners” or apprentices who are learning on the job. If there arereasons of precedent to specifically mention learners, then the existing reference in theActs should remain. It made sense to the Panel to reinforce the employment relationshipin a manner similar to the Ontario definition.The Panel received a number of submissions concerning the eligibility of independentoperators (currently defined as a person…who does not employ any worker…). The termsole proprietor is also used in other jurisdictions. The Panel had no opinion about whichterm is more appropriate. We are concerned that there be consistent usage of one term.Independent operators are not considered workers for the purpose of receivingcompensation under the Acts (in Subsection 9(1)(c)) unless an application under Section9(2) is made and accepted by the WCB.Stakeholders told the Panel that employers who have contracted with independentoperators who have not applied for coverage under the Acts are being assessed as if theseindependent operators were their workers. This makes no sense. These independentWCB Legislative Review Panel Report Page 14 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 and 12: 2.0 General ThemesDuring the course
Page 13 and 14: The Panel has generally adopted the
Page 15 and 16: The Panel did receive positive comm
Page 17: wanted was to return to work and st
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
Page 65 and 66: 2. The legislation should be change
Page 67 and 68: The Panel considered whether the in
Page 69 and 70:
The Panel heard from some stakehold
Page 71 and 72:
The Acts require any employer, whet
Page 73 and 74:
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 119 and 120:
Page 121 and 122:
Recommendations: 3.5.5 Time Limits
Page 123 and 124:
Page 125 and 126:
Recommendation: 3.7.3 Rewarding Saf
Page 127 and 128:
Recommendation: 3.12.4 Employer Rec
Page 129 and 130:
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
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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
Page 205:
SUMMARY OF FORMAL PRESENTATIONS AND
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