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

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SUMMARY OF ISSUES FROM PUBLIC HEARINGSin favour) 28/05/01‣ S. Lee (OS/WS), Yellowknife, 28/05/01‣ J. Posynick (OS/WS), Yellowknife,29/05/01‣ United Steelworkers of America(OS/WS), Yellowknife, 29/05/01Key:OS – Oral SubmissionWS – Written SubmissionPrinciple of natural justice should apply.Basis for decision-making – merit orprecedent3.14.2 Client Bill of Rights:Communicate client rights, obligations,processes clearly; be respectful, notdictatorial.System can be difficult to deal with formany reasons: lack of support systems,language, education; state of mind.Support system is needed. Morecompassion, be consistent withrequirements, deadlines, timeliness.Ensure clients know about resourcesavailable. Maintain confidentiality.‣ CAPP (Miller) (OS/WS), Yellowknife,16/08/01‣ J. Posynick (OS/WS), Yellowknife,29/05/01‣ United Steelworkers of America(OS/WS), Yellowknife, 29/05/01‣ K. Tompkins (OS/WS), Yellowknife,28/05/01‣ United Steelworkers of America(OS/WS), Yellowknife, 29/05/01‣ Imperial Oil Ltd. (OS/WS), Yellowknife,28/05/01‣ CAPP (WS), 23/08/01‣ CAPP (Miller) (OS/WS), Yellowknife,16/08/01‣ B. Braden (OS/WS), Yellowknife,28/05/01‣ K. King (OS/WS), Iqaluit, 15/05/01‣ Diversified Construction (OS),Yellowknife, 28/05/01‣ WCB Coalition (OS/WS), Yellowknife,29/05/01‣ K. Tompkins (OS/WS), Yellowknife,28/05/01‣ S. Lee (OS/WS), Yellowknife, 28/05/01‣ E. Brown (OS/WS), Yellowknife,28/05/01‣ J. Posynick (OS/WS), Yellowknife,29/05/01‣ L. Whalen (OS), Yellowknife, 16/08/01‣ B. Enge (OS), Yellowknife, 16/08/01Appendix DPage D20 of D25WCB Legislative Review Panel Report December, 2001
SUMMARY OF ISSUES FROM PUBLIC HEARINGSKey:OS – Oral SubmissionWS – Written SubmissionAdjudicators should have appropriatebackgrounds and attitudes.Staff should understand and act onpurposes of WCB.Administration should not be sloppy,payments late, etc.WCB staff are unable/unwilling to fairlyrepresent employers’ interests.3.14.3 Structure of the Acts:Put as much as possible in legislation toavoid interpretation by administrators.Quality of life compensation should be inpolicies, guidelines. Keep greatestpossible flexibility in Acts, to supportindividual choices.‣ C. Aindow (OS), Yellowknife, 17/08/01‣ Yellowknife Discussion, 17/08/01‣ D. Desjarlais (OS/WS), Yellowknife,24/08/01‣ M. de la Salle (OS), Yellowknife,16/08/01‣ B. Enge (OS), Yellowknife, 16/08/01‣ G. Stewart (discussion), Yellowknife,17/08/01‣ K. Guin (OS), Yellowknife, 16/08/01‣ Yellowknife Discussion, 16/08/01‣ D. Gelinas (WS), 20/08/01‣ Canadian Association of Oilwell DrillingContractors (WS), 23/08/01‣ J. Posynick (OS/WS), Yellowknife,29/05/01‣ C. Aindow (OS), Yellowknife, 28/05/01‣ CAPP (Miller) (OS/WS), Yellowknife,16/08/01‣ Imperial Oil Ltd. (OS/WS), Yellowknife,28/05/01‣ CAPP (WS), 23/08/013.14.4 Effect of the Nunavut LandClaims Agreement Act:(See Section 4.6.3, Effect of the NunavutLand Claims Agreement Act on SafetyActs, below. )4.0 SAFETY ACTS4.1 WCB Authority and Accountability4.1.1 WCB Responsibility toAdminister the Safety Acts:Safety should be separate from WCB formore focused administration.WCB should continue to administerSafety.‣ Imperial Oil Ltd. (OS/WS), Yellowknife,16/08/01‣ Yellowknife Discussion, 16/08/01‣ CAPP (WS), 23/08/01‣ St. John Ambulance Council for theNorthwest and Nunavut Territories(OS/WS), Yellowknife, 17/08/01Appendix DPage D21 of D25WCB 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
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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
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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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