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

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Recommendations: 3.2.9 Authority to Enter into Agreements1. The legislation should be changed to enable the WCB Board of Directors to enter intoagreements with other parties for the purpose of administering the Acts.2. The legislation should be changed to enable the WCB Board of Directors to delegatesuch authority.3. It is suggested that agreements with other parties cover the protection of confidentialstakeholder information.3.2.10 Authority to Initiate ProsecutionsThe Panel was asked to consider recommending legislative change that would give theWCB authority to initiate prosecutions under the Acts. The Crown Prosecutor’s Officenow undertakes prosecutions for offences, such as fraud, under the Acts. There appearsto be concern that the Crown Prosecutor may not undertake or pursue a prosecution forits own reasons – reasons with which the WCB does not agree.A small minority of other jurisdictions has limited authority to prosecute allegedoffenders.The Panel strongly believes that workers’ compensation systems should not beadversarial. The introduction of any authority to prosecute alleged offenders flies in theface of this belief. The focus of WCB officials should be on administering the Acts andnot taking on the job of the Crown Prosecutor.3.2.11 Peace Officer Status for WCB OfficialThe Panel was asked to consider recommending legislative change that would confer“peace officer” status to a WCB official. Police officers, the RCMP in the NWT andNunavut, and, for certain purposes, by-law officers are examples of those that hold theresponsibilities and authorities of a peace officer.WCB Legislative Review Panel Report Page 25 of 128December, 2001
Legislation in 2 other jurisdictions confers peace officer status on WCB officials.For the reasons given in Section 3.2.10, Authority to Initiate Prosecutions, the Panel doesnot recommend legislative change to confer peace officer status to a WCB official.3.2.12 Authority to Own Real PropertyThe Panel was asked to consider recommending a legislative change that would enablethe WCB to own and sell real property. Respondents to the Stakeholder Questionnaire didnot think this authority should be granted to the WCB. Stakeholders expressed theopinion that the WCB should concentrate on administering the Acts rather than gettinginto the real estate market.The Panel reviewed Subsection 60(1) which limits the type of investments the WCB canmake. The Panel concluded that any buying or selling of real property must be foroperational purposes and based on a business case to minimize expenditures - forexample, purchasing an office building rather than leasing office space.The Panel is recommending that legislation be changed to require that the Accident Fundbe fully funded (Recommendation 3.9.1, Fully Funded Accident Fund). Within thecontext of this recommendation, and the provisions of Subsection 60(1), the Panel feelsthat the WCB should be permitted to buy or sell real property. The Board of Directorswill be held accountable for decisions related to real property transactions.Recommendation: 3.2.12 Authority to Own Real Property1. The legislation should be changed to enable the WCB Board of Directors to buy orsell real property for operational purposes. This recommendation is subject toacceptance of Recommendation 3.9.1 Fully Funded Accident Fund.WCB Legislative Review Panel Report Page 26 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 and 28: 3.2.6 Regular Reviews of the Worker
Page 29: Recommendations: 3.2.8 Liability Pr
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
Page 103 and 104:
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
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
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Page 121 and 122:
Recommendations: 3.5.5 Time Limits
Page 123 and 124:
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Recommendation: 3.7.3 Rewarding Saf
Page 127 and 128:
Recommendation: 3.12.4 Employer Rec
Page 129 and 130:
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Regulations (see also Recommendatio
Page 133 and 134:
5.0 A Final WordThe Panel has recom
Page 135 and 136:
Glossary and DefinitionsAccident Fu
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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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