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

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The Panel agrees that a provision similar to that found in British Columbia’s legislationmakes sense. However, the Panel cautions that while this eliminates an extra-territorialemployer’s obligation to pay assessments to the NWT/Nunavut WCB, it does not ensurethat employer’s workers are covered by the home jurisdiction. This can only be assuredby checking with the WCB in their home jurisdiction.The Panel did not examine the enabling provisions in all jurisdictions to get a sense ofwhat is a reasonable period of time to waive assessment payments for extra-territorialworkers. It seems reasonable to consider both fixed and cumulative time periods. Forexample, up to 2 weeks of consecutive work with no more than 30 days in total for ayear.Recommendations: 3.7.2 Assessments for Extra-territorial Workers1. The legislation should be changed to waive notification and payment of assessmentsfor extra-territorial workers who are working in the NWT or Nunavut for a shortperiod of time as a continuation of their regular work.2. It is suggested that the experience of other jurisdictions be used to fix a consecutiveand cumulative time limit.3. It is suggested that the NWT/Nunavut WCB raise this issue with the Association ofWorkers’ Compensation Boards of Canada to work to toward a Canada-wide solutionsimilar to that reached under the interjurisdictional trucking agreement.3.7.3 Rewarding Safe EmployersIt was suggested to the Panel that the WCB should establish programs to reward safeemployers and also to penalize unsafe employers. The Acts enable the WCB Board ofDirectors to establish such programs if they choose to do so. Therefore this is anoperational issue.WCB Legislative Review Panel Report Page 67 of 128December, 2001
Respondents to the Stakeholder Questionnaire supported the concept of rewards andpenalties for employers based on their safety performance. The Panel also agrees thisconcept is a good idea and urges the WCB Board of Directors to consider thesubmissions of stakeholders in this regard.Recommendation: 3.7.3 Rewarding Safe Employers1. It is suggested the WCB Board of Directors consider an experience rating program toreward or penalize individual employers on the basis of their workplace safetyperformance.3.7.4 Appeal of AssessmentsThe Acts enable an employer to request a review, and if not satisfied, an appeal, of theamount of an assessment. The WCB Board of Directors establishes the industrial classesand subclasses by policy and annually approves the assessment rate for industrial classesor subclasses. The rate paid by an individual employer is that set for their industrial classor subclass.The Panel was asked to consider the effect of Section 64, which enables a review orappeal of the amount of an assessment and Subsection 7.7(1), which requires theapplication of WCB Board of Director policy by the Appeals Tribunal when consideringan appeal. It appears that the enabling aspect of Section 64 is contradicted by therequirement to apply WCB Board of Directors’ policy.The legislation in 6 other jurisdictions enables employers to make some form of appealabout the amount of an assessment or their industrial classification.The amount of an assessment is determined by a number of factors: the amount ofassessable payroll, the classification of the employer, the rate set by the WCB Board ofWCB Legislative Review Panel Report Page 68 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
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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 and 70: The Panel heard from some stakehold
Page 71: The Acts require any employer, whet
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
Page 121 and 122: 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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