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

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3.3 WCB Board of DirectorsThe Ministers responsible for workers’ compensation and safety have entered into aninterjurisdictional agreement on behalf of the Governments of the NWT and Nunavut.This interjurisdictional agreement establishes the terms and conditions under which theNWT Minister, the WCB Board of Directors, the WCB, and the Appeals Tribunal willadminister the Workers’ Compensation Act (Nunavut). In November 2001, the Ministersamended the agreement to state that it will remain in force indefinitely or until eithergovernment wishes to revisit the terms of the agreement. Therefore, the NWT andNunavut WCB is responsible for administering a workers’ compensation system in bothterritories under the applicable Act.3.3.1 Size of the WCB Board of DirectorsThis is an outstanding issue from previous reviews. Respondents to the StakeholderQuestionnaire do not think current membership of 7 members, including a chairperson,needs to change. The Panel agrees.3.3.2 Authority to Appoint the WCB Board of DirectorsThis is an outstanding issue from previous reviews. Subsection 2(1) of the Acts states theNWT Minister will appoint the WCB Board of Directors. Subsection 2(2.1) states that 2of these appointments will be made on the recommendation of the Nunavut Minister.The vast majority of respondents to the Stakeholder Questionnaire felt that the Ministersshould be required to consult with stakeholders before making their recommendations orappointments. A significant majority of respondents thought that the Minister shouldhave to take the advice of stakeholders about appointments. Respondents identifiedgroups who represent workers, injured workers and employers as the stakeholders whomust be consulted and whose advice must be taken.WCB Legislative Review Panel Report Page 27 of 128December, 2001
The legislation in other jurisdictions varies. Some require consultation aboutappointments. Some specify that boards of directors must include representatives ofworkers and employers.The Panel considered 2 approaches:i) The Minister must seek advice or nominations from representative stakeholdergroups. However, the Minister is not obligated to take the advice or appointindividuals nominated by stakeholder groups.ii) The Minister must make their appointments only from the nominees ofrepresentative stakeholder groups.The Panel concluded that the Minister should seek the advice of stakeholders. However,the Minister, not representative stakeholder groups, is the one held accountable forappointments and should not be bound to take their advice.The Panel defines stakeholders as workers and employers. The Panel felt thatrepresentatives of injured workers are included in representatives of workers.The Panel did not feel that the composition of the WCB Board of Directors should bestated in legislation.Recommendation: 3.3.2 Authority to Appoint the WCB Board of Directors1. The legislation should be changed to require the Ministers to consult withrepresentatives of workers and employers before making their appointments orrecommendations on appointments to the WCB Board of Directors.3.3.3 Representatives from Nunavut on the WCB Board of DirectorsSome stakeholders raised a question about the number of members from Nunavut on theWCB Board of Directors. The Acts state that 2 appointments must be made on therecommendation of the Nunavut Minister as long as an interjurisdictional agreement is inplace between the Governments of the NWT and Nunavut.WCB Legislative Review Panel Report Page 28 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 and 30: Recommendations: 3.2.8 Liability Pr
Page 31: Legislation in 2 other jurisdiction
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:
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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
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
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SUMMARY OF FORMAL PRESENTATIONS AND
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