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

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3. It is suggested that the first review should take place 1 year after legislative changesarising from this report are enacted.3.2.7 Fiduciary Responsibility of the WCB Board of DirectorsSection 90 of the Financial Administration Act (FAA) describes the fiduciaryresponsibility for members of a governing board of directors of a public agency. Thissection of the FAA applies to the WCB Board of Directors.The Panel was asked to consider whether or not the fiduciary responsibility of the WCBBoard of Directors should be repeated in the Acts. In keeping with the Panel’s concernabout transparency and accountability, the Panel feels that the addition of a clause similarto that now in the FAA would provide greater clarity.Recommendation: 3.2.7 Fiduciary Responsibility of the WCB Board of Directors1. The legislation should be changed to add a fiduciary responsibility clause in the Actssimilar to that now in the Financial Administration Acts.3.2.8 Liability Protection for the WCB Board of DirectorsSubsection 90(3) of the FAA indemnifies members of boards of directors from liability ifthe members act honestly and in good faith or rely in good faith on professional advice(e.g., advice from an auditor or lawyer). This protection from liability extends to themembers of the WCB Board of Directors but not the members of the Appeals Tribunal.Indemnification of the members of WCB boards of directors is commonly found inworkers’ compensation legislation of other jurisdictions. The Panel agrees that membersof the WCB Board of Directors should be protected from liability for actions takenhonestly and in good faith. The Panel further believes that this protection should beextended to members of the Appeals Tribunal.WCB Legislative Review Panel Report Page 23 of 128December, 2001
Recommendations: 3.2.8 Liability Protection for the WCB Board of Directors1. The legislation should be changed to provide specific indemnification for members ofthe WCB Board of Directors and of the Appeals Tribunal.2. This indemnification should be limited to the members’ performing their duties withthe care described in the Financial Administration Act, Section 90.3.2.9 Authority to Enter into AgreementsThe Panel was advised that the Acts limit the ability of the WCB Board of Directors andWCB to enter into agreements with parties who are not specified in the Acts. Forexample, other agencies or governments may have specialized expertise that the WCBmay wish to engage.The Panel is surprised that the WCB is unable to enter into agreements to administer theActs without specific enabling provisions. It seems to the Panel that if the WCB needs toenter into agreements with other parties to properly administer the Acts, then the WCBshould be able to do so. The WCB will be held accountable for decisions related toadministration, including administration conducted under agreements with other parties.The Panel’s only concern related to the confidentiality of stakeholder information held bythe WCB – for example, medical information about injured workers, or proprietaryemployer information. The Panel believes that any agreements to share information withothers should include the same level of protection contained in the Acts to preserve theconfidentiality of stakeholder information.In keeping with the Panel’s views on transparency and accountability, we feel anyauthority should be given to the WCB Board of Directors. The WCB Board of Directorswill then decide what, if any, authority it wishes to delegate to the corporate WCB.WCB Legislative Review Panel Report Page 24 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 and 24: 3.2 WCB Authority and Accountabilit
Page 25 and 26: WCB Board of Directors may chose to
Page 27: 3.2.6 Regular Reviews of the Worker
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
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the WCB when it is contemplating ch
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4. The legislation should be change
Page 97 and 98:
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
Page 107 and 108:
Recommendation: 4.6.2 Consistency w
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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
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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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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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