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

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1.0 IntroductionThis section of the report describes the make-up of the WCB Legislative Review Panel(the Panel), the Panel’s terms of reference, the Panel’s approach to fulfilling its terms ofreference, and the structure of this report.1.1 Terms of ReferenceThe Ministers Responsible for the Workers’ Compensation Board of the NorthwestTerritories and Nunavut (the Ministers) appointed the Panel in early 2001 to review theWorkers’ Compensation Acts and Safety Acts and the General Safety Regulations of theNorthwest Territories and Nunavut.The Panel consists of:A Chairperson representing the public interest; andSix members with an equal number representing the interests of workers andemployers and the NWT and NunavutThe Ministers charged the Panel with: Hearing oral presentations and reviewing written submissions fromstakeholder groups in the Northwest Territories (NWT) and Nunavut; Reporting on the results of the consultation process; Expressing its views on the issues presented by the stakeholder groups; and Making recommendations to the Ministers for changes to the Acts.The Terms of Reference for the Panel are found in Appendix B. The Terms of Referencestate that the Panel will not review the operations, internal organization, or services levelsof the Workers’ Compensation Board (WCB).WCB Legislative Review Panel Report Page 1 of 128December, 2001
The Legislative Review Directorate of the WCB provided research and other supportservices to the Panel. Contractors were engaged when the Panel required independentassistance.1.2 ApproachThe Panel began its work in February 2001. The Panel was briefed by the WCBadministration about the legislation governing workers’ compensation and safety in theNWT and Nunavut. The Panel also received information from the WCB Board ofDirectors about legislative issues. The Panel reviewed outstanding legislative issuesfrom previous reviews of the WCB and workers’ compensation legislation conducted in1989, 1992 and 1993.The Panel initially wrote to approximately 650 stakeholders to advise them about thework of the Panel, to invite them to public hearings, and to solicit their input. Theseletters were supplemented with public advertisements in newspapers and on radio andtelevision. The Panel held public hearings in the regional centres and capitals of theNWT and Nunavut between March and May 2001. In July 2001 the Panel issued aquestionnaire to approximately 700 stakeholders to obtain their views about issues thathad been raised during the public hearings or from other stakeholder sources. Onehundred and seven (107) questionnaires, or 15%, were returned by the deadline of August24, 2001. In August the Panel concluded its public consultation phase with publichearings in Iqaluit and Yellowknife.A summary of the results of public hearings and a listing of written submissions receivedby the Panel are found in Appendix D and Appendix E, respectively. The StakeholderQuestionnaire and Summary of Responses is found in Appendix C.The Panel had the benefit of research comparing practices in other jurisdictions, recentreviews of workers’ compensation and safety legislation completed in other jurisdictions,and additional research commissioned by the Panel. The Panel met four times to discussits conclusions and develop its recommendations.WCB Legislative Review Panel Report Page 2 of 128December, 2001
Page 1 and 2: Accountable…to stakeholdersCompen
Page 3 and 4: Table Of Contents3.4.3 Employers’
Page 5: Table Of Contents5.0 A FINAL WORD 1
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 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
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The Panel heard from some stakehold
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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
Page 95 and 96:
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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
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
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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
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Regulations (see also Recommendatio
Page 133 and 134:
5.0 A Final WordThe Panel has recom
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Glossary and DefinitionsAccident Fu
Page 137 and 138:
Glossary and DefinitionsNet annualr
Page 139 and 140:
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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