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

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The amount paid by an employer also depends on the amount of their assessable payroll.That is, the total wages, overtime, allowances, etc. the employer pays to their workers upto the legislated maximum (YMIR currently set at $63,350).3.7.1 Assessable PayrollSome stakeholders suggested the definition of assessable payroll should be changed toexclude certain employee benefits such as vacation travel assistance. The Panel does notagree with the suggestion. Workers should be compensated on the value of totalremuneration received up to the legislated maximum set for YMIR.The Panel should also state that whatever amount is considered assessable payroll for thepurposes of paying assessments should be the same amount used when calculating thefinancial compensation entitlements of an injured worker.3.7.2 Assessments for Extra-territorial WorkersThe Panel was asked to consider payment of assessments to the WCB for workers whonormally work in other jurisdictions but are working in the NWT or Nunavut for a shorttime.Stakeholders provided examples in the trucking and other industries of a NWT/Nunavutemployer being required to pay assessments to the NWT/Nunavut WCB and also to theWCB in another jurisdiction for employees who were temporarily doing work in thatother jurisdiction. We also heard about employers based outside the NWT/Nunavutwhose workers were working temporarily in the NWT/Nunavut. Again, the employerwas paying assessments to both their home jurisdiction and the NWT/Nunavut. Inessence, employers are paying duplicate assessments.This is a complicated issue that cannot be addressed by legislative changes in onejurisdiction.WCB Legislative Review Panel Report Page 65 of 128December, 2001
The Acts require any employer, whether based in the NWT/Nunavut or not, to notify theWCB and pay assessments when they have workers working in the NWT/Nunavut. Thisapplies whether the work takes an hour or is ongoing.Some workers’ compensation legislation, including the NWT/Nunavut legislation(Section 15), provides coverage for workers based in the NWT/Nunavut who may beworking temporarily outside the territories. It is important to understand that thiscoverage is not extended by all jurisdictions. It is also important to note that thelegislation in the jurisdiction a worker is working in takes precedence over the legislationin the worker’s home jurisdiction.In addition, some workers’ compensation legislation exempts employers not based intheir jurisdiction from notifying and/or paying assessments for workers who aretemporarily working in that jurisdiction. For example, British Columbia exempts thepayment of assessments for workers based outside British Columbia who are performingwork there for 9 consecutive days. Whether such workers are covered by their homejurisdiction depends on the legislation of that jurisdiction.In the case of the trucking industry, there is an interjurisdictional agreement among theWCBs in Canada (except Saskatchewan) to avoid the payment of duplicate assessmentsand ensure the continuous coverage of workers who temporarily work in more than onejurisdiction.Those NWT/Nunavut-based employers who are required to pay assessments in otherjurisdictions as well as in the NWT/Nunavut may deduct the amount paid to otherjurisdictions from their annual accounting to the WCB.The Panel agreed that it is an administrative nightmare for employers outside theNWT/Nunavut whose workers are temporarily working in this jurisdiction. They may beable to recover duplicate payments from their home jurisdiction, but this is after the factand requires a sophisticated tracking system.WCB Legislative Review Panel Report Page 66 of 128December, 2001
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Accountable…to stakeholdersCompen
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Table Of Contents3.4.3 Employers’
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Table Of Contents5.0 A FINAL WORD 1
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The Legislative Review Directorate
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3.0 Workers’Compensation Acts3.1
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2.0 General ThemesDuring the course
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The Panel has generally adopted the
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The Panel did receive positive comm
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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
Page 69: The Panel heard from some stakehold
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 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
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Recommendations: 3.5.5 Time Limits
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3. The legislation should be change
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Recommendation: 3.7.3 Rewarding Saf
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Recommendation: 3.12.4 Employer Rec
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2. The legislation should be change
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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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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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