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

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4.0 Safety ActsThis section of the report describes the issues related to the Safety Acts. Both the NWTand Nunavut Legislative Assemblies have enacted a Safety Act. These Acts mirror eachother with only a few minor differences that do not affect the type of workers’compensation system in the 2 territories. To keep it simple, all references to sections orsubsections in the Acts are to the Safety Act of the Northwest Territories. In this Sectionof the report, the term “the Acts” refers to the Safety Acts of the NWT and Nunavut.For each issue there is a description of the issue followed by the Panel’s findings and anyrecommendations.4.1 WCB Authority and AccountabilityThis Section discusses the authority and accountability of the WCB for workplaceoccupational health and safety legislation.4.1.1 WCB Responsibility to Administer the Safety ActsThe NWT Legislative Assembly gave the responsibility for administering the Safety Actand General Safety Regulations to the WCB in 1996. Previously, a department within theGovernment of the NWT held that responsibility.Stakeholders did not raise any concerns about the effect of this transfer of responsibility.The majority of respondents to the Stakeholder Questionnaire thought administration ofthe Acts should remain with the WCB.4.1.2 Definition of WorkerThe Panel was asked to consider the differences in the definition of a worker underworkers’ compensation and safety legislation. It was suggested that the difference hasresulted in some confusion. The Acts define a worker as a person engaged in anoccupation. Occupation is not defined.WCB Legislative Review Panel Report Page 85 of 128December, 2001
The Panel has recommended changes to the Workers’ Compensation Act to simplify thedefinition of a worker and confirm that an employment relationship should exist. Inaddition, the Panel has recommended that volunteers engaged in responding to acommunity emergency, such as fighting a fire, or other emergencies declared byauthorized persons be defined as workers.The Panel believes that the provisions of the Acts to govern safe workplaces and practicesshould apply to any worker.Recommendation: 4.1.2 Definition of Worker1. The legislation should be changed to amend the definition of worker to thatrecommended for the Workers’ Compensation Act (Recommendations 3.1.2,Definition of Worker).4.1.3 Definition of EmployerThe Panel was asked to consider the differences in the definition of an employer underworkers’ compensation and safety legislation. It was suggested that the difference hasresulted in some confusion. The Acts define an employer as every partnership, group ofpersons, corporation, agent, manager or other authorized person having charge of anestablishment in which one or more persons are employed.In its review of the definition of employer, the Panel found it very hard to determine whois actually responsible for workplace safety. For example, there may be a number ofemployers at a work site during a construction project. Which one is ultimatelyresponsible, or how is responsibility divided among them?Further, the Acts refer to the owner and principal contractor when assigning certain dutiesand responsibilities. It is understood that all employers and owners, even when they doWCB Legislative Review Panel Report Page 86 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
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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 and 88: construction permits is a matter of
Page 89: date sections, reordering the “pa
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
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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SUMMARY OF FORMAL PRESENTATIONS AND
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SUMMARY OF FORMAL PRESENTATIONS AND
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