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

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3.14.2 Client Bill of RightsSome stakeholders have suggested there needs to be a client bill of rights. They base thissuggestion on examples of mistreatment of stakeholders, particularly injured workers.The majority of respondents to the Stakeholder Questionnaire agreed and thought a clientbill of rights should be described in legislation.The Panel has reviewed the Mission Statement and Values of the WCB. In part, theMission of the WCB is to provide workers and employers with quality services. This isto be done in accordance with the Values that include treating others with fairness andrespect, being open and truthful in dealings with others, and being responsive to clients.These are the same qualities that stakeholders suggest should be in a client bill of rights.If the WCB is not living up to its stated Mission and Values, it is a deeper operationalproblem that will not be addressed by legislating the type of treatment a client shouldreceive. The WCB should be held accountable for its commitments. The Panel believesthat the accountability mechanisms, particularly the regular reviews of the WCB, providea way to hold the WCB accountable for its treatment of clients.3.14.3 Structure of the ActsThe first Workers’ Compensation Act was enacted in the NWT in 1977. Since that timethere have been amendments to various sections of the Act. The Nunavut Act essentiallymirrors the NWT Act. Stakeholders told us that the Act is cumbersome and hard tofollow. The challenge of trying to find the final and conclusive definition of a workerwas described in Section 3.1.2, Definition of Worker.Stakeholders also told the Panel that the legislation is hard to understand. It is definitelynot in simple or plain language. The Panel sees the upcoming revision to legislation asan opportunity to review the Acts in total, with a view to removing redundant or out-of-WCB Legislative Review Panel Report Page 83 of 128December, 2001
date sections, reordering the “parts” and sections within the Acts to group the sectionsdealing with a particular matter in one place.The Panel believes a major rewriting of the Acts will help both administrators andstakeholders.Recommendation: 3.14.3 Structure of the Acts1. The legislation, in its entirety, should be changed to group like sections, reorder theparts, eliminate redundant or out-of-date provisions, and simplify the language used.3.14.4 Effect of the Nunavut Land Claims Agreement ActThe Panel was asked to consider the effect of the Nunavut Land Claims Agreement Act(NLCAA), which was passed by the Federal Government as part of the ratification of theNunavut Land Claims Agreement (NLCA).It was suggested that the Acts do not reflect the requirements of Articles 5, 23 and 24 ofthe NLCA. It is beyond the Panel’s terms of reference to review compliance with theNLCA. It is clear that the Acts must conform with the constitutionally entrenchedprovisions of the NLCA.Recommendation: 3.14.4 Effect of the Nunavut Land Claims Agreement Act1. The recommendations contained in this report for legislative change should bereviewed against the requirements of the Nunavut Land Claims Agreement Act toensure compliance and conformity.WCB Legislative Review Panel Report Page 84 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
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The legislation in other jurisdicti
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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: construction permits is a matter of
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
Page 135 and 136: Glossary and DefinitionsAccident Fu
Page 137 and 138: 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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SUMMARY OF FORMAL PRESENTATIONS AND
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SUMMARY OF FORMAL PRESENTATIONS AND
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