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

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3.12.4 Employer RecordsStakeholders asked the Panel to review Subsections 67(5) to (13) of the Acts. Theseprovisions authorize the WCB to examine an employer’s records and require an employerto produce all documents necessary to ascertain the amount of the employer’s payroll.The WCB is required to give written notice of its intent to review documents and requirean employer to produce them.The Panel reviewed a notice from the WCB in this regard. The notice called for trialbalances and income statements, T4s and T4 summaries, a statement of all accountspayable, and access to vendor invoices.It is interesting to note that Revenue Canada cannot require the production of taxpayerdocuments if it appears that the intent of the request is a “fishing expedition.”The Panel accepts that the WCB requires authority to confirm the amount of anemployer’s payroll in order to verify assessments. The Panel does not accept that theWCB should be able to make onerous requests of employers that place an unreasonableburden on them. Subsection 67(6) states that the notice of the requirement to producedocuments is limited to those documents concerning the subject matter of theexamination or inquiry by the WCB. This has not had the effect of limiting WCBrequests for documentation to matters concerning payroll or the verification ofassessments.Recommendation: 3.12.4 Employer Records1. The legislation should be changed to limit the production of employer records tothose related to payroll.WCB Legislative Review Panel Report Page 79 of 128December, 2001
3.13 Environmental ChangeThe Acts have not been revised to recognize changes in the workers’ compensationenvironment, particularly those related to health care.3.13.1 Health Care DefinitionsThe NWT/Nunavut health care system is composed of many health care providers, suchas physicians, nurse practitioners, nurses, specialized therapists, etc. practising inhospitals and community health centres. The Acts define “physician” in a manner thatincludes a person skilled and licensed by law in the art of healing. There are many otherlicensed health care providers who may be involved in the treatment and care of injuredworkers, including those who are recognized in the practice of traditional medicine.The Acts refer specifically to hospitals but do not define or refer to any other institutionssuch as community health centres.Other jurisdictions define health care professionals more broadly. The Panel foundSaskatchewan’s definition most helpful. It is not limiting in that it includes any personwho is registered or licensed to practice the healing arts. In the NWT/Nunavut, mosthealth care professionals must be licensed by or registered with a territorial or nationalprofessional body. This definition would not include those practising traditionalmedicine.The Panel reviewed the Acts and found that many Sections require a physician to dosomething that may be done by another health care professional or require admittance tohospital rather than a community health centre (i.e., Sections 17, 24, and 54).The Panel also noted some provisions that, on further investigation, have been removedfrom the Alberta legislation on which the territorial Acts were based (i.e., Section 19).WCB Legislative Review Panel Report Page 80 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
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Panel feels legislation should be p
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3.2 WCB Authority and Accountabilit
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WCB Board of Directors may chose to
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3.2.6 Regular Reviews of the Worker
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Recommendations: 3.2.8 Liability Pr
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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 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: payments such as income tax or payr
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
Page 125 and 126: Recommendation: 3.7.3 Rewarding Saf
Page 127 and 128: Recommendation: 3.12.4 Employer Rec
Page 131 and 132: Regulations (see also Recommendatio
Page 133 and 134: 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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Key:SUMMARY OF ISSUES FROM PUBLIC H
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SUMMARY OF FORMAL PRESENTATIONS AND
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SUMMARY OF FORMAL PRESENTATIONS AND
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