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

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3. It is suggested that reviews of the Acts do not take place at the same time as reviewsof the Workers’ Compensation Acts. It is further suggested that reviews of the Actsbe combined with reviews of the Mine Health and Safety Acts.4.1.7 Authority to Enter into AgreementsThe Panel was advised that the Acts limit the ability of the WCB Board of Directors andWCB to enter into agreements with parties who are not specified in the Acts - forexample, to undertake research in co-operation with other governments or co-operate indeveloping and promoting safety education programs.As noted earlier under Section 3.2.9, Authority to Enter Into Agreements, the Panel issurprised that the WCB is unable to enter into agreements to administer the Acts withoutspecific enabling provisions. It seems to the Panel that if the WCB needs to enter intoagreements with other parties to properly administer the Acts, then the WCB should beable to do so. The WCB will be held accountable for decisions related to administration,including administration conducted under agreements with other parties.In keeping with the Panel’s views on transparency and accountability, we feel anyauthority should be given to the WCB Board of Directors. The WCB Board of Directorswill then decide what, if any, authority it wishes to delegate to the corporate WCB.Recommendations: 4.1.7 Authority to Enter into Agreements1. The legislation should be changed to enable the WCB Board of Directors to enter intoagreements with other parties for the purpose of administering the Acts.2. The legislation should be changed to enable the WCB Board of Directors to delegatesuch authority.4.1.8 Authority to Initiate ProsecutionsWCB Legislative Review Panel Report Page 91 of 128December, 2001
The Panel was asked to consider recommending legislative change that would give theWCB authority to initiate prosecutions under the Acts. The Crown Prosecutor’s Officenow undertakes prosecutions for offences. There appears to be concern that the CrownProsecutor may not undertake or pursue a prosecution for its own reasons – reasons withwhich the WCB does not agree.A small minority of other jurisdictions has limited authority to prosecute allegedoffenders.In Section 3.2.10, Authority to Initiate Prosecutions, the Panel discussed its reasons fornot recommending giving authority to the WCB to initiate prosecutions under theWorkers’ Compensation Acts. The Panel believes that the WCB should leaveprosecutions under the Safety Acts to the Crown Prosecutor and focus on administeringthe Acts.4.1.9 Peace Officer Status for WCB OfficialThe Panel was asked to consider recommending legislative change that would confer“peace officer” status to a WCB official. Police officers, the RCMP in the NWT andNunavut, and for certain purposes, by-law officers are examples of those that hold theresponsibilities and authorities of a peace officer.Legislation in 2 other jurisdictions confers peace officer status on WCB officials.For the reasons given in Sections 3.2.10 and 11, (Authority to Initiate Prosecutions andPeace Officer Status for WCB Official) and Section 4.1.8, Authority to InitiateProsecutions, the Panel does not recommend legislative change to confer peace officerstatus to a WCB official.WCB Legislative Review Panel Report Page 92 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
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Some suggested that having a compen
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Recommendations: 3.4.2 Workers’ A
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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 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 95: 4. The legislation should be change
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
Page 141 and 142: WCB LEGISLATIVE REVIEW PANELTERMS O
Page 143 and 144: STAKEHOLDER QUESTIONNAIRE AND SUMMA
Page 145 and 146: STAKEHOLDER QUESTIONNAIRE AND SUMMA
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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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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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