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

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in favour of a worker, contained in the Acts. Such special provisions do not alwaysapply in the administration of government programs.The Panel heard from a number of stakeholders about the importance they place on WCBindependence from the executive branch of government. The Panel agrees withstakeholders. The Panel also feels that with independence, as with exclusive jurisdiction,comes increased responsibilities for the WCB. These responsibilities include the need fortransparency and accountability in administration of the Acts.3.2.3 Distinction Between the WCB Board of Directors and the Corporate WCBThe Acts commonly refer to the “Board,” which is defined as the Workers’ CompensationBoard, when assigning responsibility for action or authority for decision-making. It isnot always clear whether the references are to the WCB Board of Directors or thecorporate WCB. The name “Workers’ Compensation Board” does not help sort out thisconfusion.Other jurisdictions have changed the names of their WCBs over time, especially whenresponsibility for workplace safety has been assigned. The term “commission” has beenintroduced to replace “board” in others.The Association of Workers’ Compensation Boards of Canada defines “board” or“WCB” as the corporate WCB and “Board” as the governing body of the WCB, alsoreferred to as the Board of Directors. While these definitions are helpful, they do reflectthe usage of the terms in the Acts.The Panel places significant importance on accountability by the WCB and feels thataccountability starts with the WCB Board of Directors. The WCB Board of Directorsgoverns the administration of the Acts and is responsible for leading the corporate WCB.In order to be held accountable, there must be a clear assignment of authority. The Panelfeels that generally the Acts should assign authority to the WCB Board of Directors. TheWCB Legislative Review Panel Report Page 19 of 128December, 2001
WCB Board of Directors may chose to delegate this authority to the corporate WCB.Taking this approach ensures reinforcement of the ultimate accountability of the WCBBoard of Directors and a deliberate chain of delegation to the corporate WCB.Recommendations: 3.2.3 Distinction Between the WCB Board of Directorsand Corporate WCB1. The legislation should be changed to rename the Workers’ Compensation Board toreflect responsibilities for workers’ compensation and safety. It is suggested that the“Workers’ Compensation and Safety Commission” be considered.2. The legislation should be changed to define the WCB Board of Directors and thecorporate entity.3. The legislation should be changed to generally assign authority to the WCB Board ofDirectors and to enable the WCB Board of Directors to delegate authority to thecorporate entity.3.2.4 Annual ReportingSubsections 61(1), (2) and (3) describe annual reporting requirements for the WCB. Areport on the WCB’s administration of the Acts and an audit of the accounts of the WCBare required. These annual reports are made to the Minister, who is obliged to make thempublic by tabling them in the Legislative Assembly. As a territorial corporation, the WCBis also required to submit a corporate plan to the Minister. This corporate plan includesthe objectives, strategies to achieve the objectives, a report of the achievement ofprevious objectives, and an evaluation of efficiency, economy, and effectiveness.Annual reporting is one important way of holding the WCB Board of Directors and WCBaccountable for their actions in administering the Acts and in stewardship of the AccidentFund. The Panel is satisfied that annual reporting is sufficient.The legislation does not specify what must be contained in the annual report onadministration. Stakeholders have not raised this as an issue. However, the Panel isWCB Legislative Review Panel Report Page 20 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 and 18: wanted was to return to work and st
Page 19 and 20: 2. Are there workers in specific in
Page 21 and 22: Panel feels legislation should be p
Page 23: 3.2 WCB Authority and Accountabilit
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
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
Page 205:
SUMMARY OF FORMAL PRESENTATIONS AND
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