workers' compensation act canada

Non-economic loss where permanent impairment. 1990, c. W.11, s. 139. (1) An employer or employer’s representative who contravenes subsection 71 (7) is guilty of an offence. (10) If the Board determines, as a result of an assessment or otherwise, that a worker requires a vocational rehabilitation program, the Board in consultation with the worker, the employer and, if possible, any health professional treating the worker shall design and provide one. 10 Renumbered as subsection 14(4) 11 Renumbered as subsection 14(5) DUTIES AND POWERS OF THE DIRECTOR AND MINISTER. Found inside – Page 411... of Canada do not permit a seaman or a longshoreman to file a complaint against his employer under the doctrine of " unseaworthiness " but that all such employees are restricted to Canadian provincial workmen's compensation acts . R.S.O. (13) Where a child or children is or are entitled to compensation under this section and is or are being maintained by a suitable person who is acting in the role of parent in a manner the Board considers satisfactory, such person while so doing is entitled to receive the same periodic payments of compensation for himself or herself and the child or children as if the person were a spouse of the deceased and in such case the child’s or children’s part of such payments shall be in lieu of the periodic payments that the child or children would otherwise be entitled to receive and, where there is more than one child and more than one person acting in the role of parent, the Board may in its discretion apportion the payments under this section accordingly and, where this subsection applies, the maximum amount payable under this section shall not exceed 90 per cent of the net average earnings of the deceased worker at the time of injury. 69. (3.2) The board of directors shall evaluate the consequences of any proposed change in benefits, services, programs and policies to ensure that the purposes of this Act are achieved. (2) Where the board of directors of the Board in the exercise of its discretion under subsection (1) considers that a review is warranted, it shall either hold a hearing and afford the parties likely to be affected by its determination an opportunity to make oral and written submissions or it may dispense with a hearing if it permits the parties likely to be affected by its determination to make written submissions, as the board may direct. 97. (11) The Panel shall report its findings to the Board. 1990, c. W.11, s. 53 (2). Specific powers of Board re hearings, etc. (13) Despite any other provision of this Act, the Board may enter into an agreement with the appropriate authority in any jurisdiction in Canada to provide for the apportionment of the costs of the claims for industrial diseases for workers who have had exposure employment in more than one Canadian jurisdiction. 1990, c. W.11, s. 65 (1). (a) applied in such manner as the worker or dependant may direct; (c) invested by the Board and applied from time to time as the Board may deem most for the advantage of the worker or  dependant; (d) paid to trustees to be used and employed upon and subject to such trusts and for the benefit of such persons as, in case it is payable by the employer individually, the worker or dependant directs and the Board approves, or, if payable out of the accident fund, as may be desired by the worker or dependant and approved by the Board; (e) applied partly in one and partly in another or others of the modes mentioned in clauses (a), (b), (c) and (d). (2) The Corporations Act does not apply to the corporation and, subject to this Act, the corporation shall have the capacity and powers of a natural person. 1995, c. 5, s. 13. (2) The Panel shall be composed of not more than nine members including persons representative of the public and of the scientific community and technical and professional persons. 105. (2.1) Subsection (2) does not apply in respect of an accident that occurs on or after the day section 267.1 of the Insurance Act comes into force if, as a result of the accident, the worker or the dependants receive statutory accident benefits under section 268 of the Insurance Act. “worker” includes a person who has entered into or is employed under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise, and includes. (4.1) If an employer fails to co-operate in vocational rehabilitation services or programs provided under section 53, the Board may add to the amount of any contribution to the accident fund for which the employer is liable an additional amount determined in accordance with subsection (4.2). (a) a wilful and intentional act, not being the act of the worker, (b) a chance event occasioned by a physical or natural cause, and, (c) disablement arising out of and in the course of employment; (“accident”), “accident fund” means the fund continued by this Act for the payment of benefits under Schedule 1, the costs and expenses of the administration of this Act, and such other costs and expenses as are directed by or under this or any other Act to be paid out of the accident fund, including all expenses arising out of the establishment, maintenance and operation of mine rescue stations under the Occupational Health and Safety Act; (“caisse des accidents”), “Appeals Tribunal” means the Workers’ Compensation Appeals Tribunal; (“Tribunal d’appel”), “average earnings” means the average earnings of a worker determined by the Board under section 40; (“gains moyens”), “Board” means the Workers’ Compensation Board; (“Commission”), “construction” includes reconstruction, repair, alteration and demolition; (“construction”), “contributions for employment benefits”, in relation to a worker, means amounts paid in whole or in part by an employer on behalf of the worker or the worker’s spouse or dependants for health care, life insurance and pension benefits; (“cotisations pour les avantages rattachés à l’emploi”), “dependants” means such of the members of the family of a worker as were wholly or partly dependent upon the worker’s earnings at the time of his or her death or who but for the incapacity due to the accident would have been so dependent; (“personnes à charge”), “disability”, in relation to an injured worker, means the loss of earning capacity of the worker that results from an injury; (“invalidité”), “earnings” and “wages” include any remuneration capable of being estimated in terms of money but does not include contributions made under section 7 for employment benefits; (“gains”, “salaire”). (4) A principal who is liable to make payment to the Board under subsection (3) is entitled to be indemnified by any person who should have made such payment and is entitled to withhold out of any indebtedness due to such person a sufficient amount to answer the same, and all questions as to the right to and the amount of any such indemnity shall be determined by the Board. 1-855-954-4321 1995, c. 5, s. 19. (3) Subsections 53(11), (12) and (13) apply with respect to a vocational rehabilitation program provided to a spouse. (3) The Board shall after the close of each year file with the Superintendent of Insurance, in such detail as he or she may require, a report on the accident fund and the Superintendent of Insurance shall report thereon to the Minister of Labour. In Ontario, the paths toward improved workplace health and safety began in 1884 when the Ontario Factories Act was passed, establishing a system of inspections. (a) calculate the daily or hourly rate of the worker’s earnings with the employer for whom the worker worked at the time of accident as is best calculated to give the rate per week at which the worker was remunerated at the time of the accident; (b) if the calculation under clause (a) does not fairly represent the average earnings of the worker, upon application, the Board shall determine the worker’s average earnings with the employer for whom the worker worked at the time of the accident during the twelve months or such lesser period immediately preceding the accident when the worker was employed with the employer. R.S.O. If an assessment or a special assessment is not paid when it becomes payable, the defaulting employer is liable to pay and shall pay for the default such a percentage upon the amount unpaid as may be prescribed by the regulations or as may be determined by the Board. 92. Determination re: vocational rehabilitation program. Found inside – Page 2... 84th Congress, 2d Session on Bills Relating to the Longshoreman's and Harbor Workers' Compensation Act. December ... and otherwise throughout the United States and Canada perform no services from which any contributions , directly ... (3) Where the worker has entered into concurrent contracts of service with two or more employers under which the worker worked at one time for one of them and at another time for another of them, the worker’s average earnings shall be calculated on the basis of what the worker probably would have been earning if the worker had been employed solely in the employment of the employer for whom the worker was working at the time of the accident. (2) Any periodic payments to be paid under a decision of the Board shall be paid even if an appeal is taken therefrom and any amounts paid may be dealt with as the Appeals Tribunal  shall direct. “amount awarded for permanent partial disability” means the amount awarded for permanent partial disability under, (a) subsection 43 (1) of the pre-1985 Act, with respect to a pre-1985 injury, and, (b) subsection 45 (1) of the pre-1989 Act, with respect to a pre-1989 injury; (“montant accordé au titre d’une invalidité partielle à caractère permanent”), “worker” means a worker who is permanently disabled as a result of a pre-1985 injury or a pre-1989 injury. (10) Where a member of the public service of Canada or the civil service of any province of Canada or of the civic service of any municipality or of the staff of any board, commission or public institution established under any Act of the Legislature of any province or of the Parliament of Canada becomes a contributor to the superannuation fund and a sum of money is paid into the superannuation fund in respect of the period during which he or she made contributions as a public, civil or civic servant, or an employee of any board, commission or public institution, the Board, subject to the approval of the Lieutenant Governor in Council, may allow him or her such credit in the superannuation fund in respect of the sum and the period of service represented thereby as is determined. (3) If an election is not made and notice given, it shall be presumed that the worker or his or her dependants have elected not to claim compensation under this Part. (b) on application, an allowance not exceeding $368 a year for the replacement or repair of clothing worn or damaged by reason of the wearing of a lower limb prosthesis or a back brace for a permanent back impairment or a permanent leg brace, and not exceeding $184 a year in respect of an upper limb prosthesis where the lower or upper limb prosthesis, back brace or permanent leg brace is supplied by the Board. (9) The amount of a supplement under this section for a worker with a pre-1985 injury shall be calculated so that the sum of the supplement, the amount awarded for permanent partial disability, $200 and 75 per cent of the worker’s average earnings, if any, after the injury equals 75 per cent of the worker’s pre-injury average earnings. (2) The Board, where it considers proper, may add to the assessment for any class or classes or for all the classes in Schedule 1 a percentage or sum for the purpose of raising a special fund to be laid aside and used to meet the loss arising from any disaster or other circumstance that, in the opinion of the Board, would unfairly burden the employers in any class. Legislative Review of Worers' Compensation Review of Section 38 (enets) Workers' Compensation Act Introduction The modern concept of workers' compensation has its origins in Germany, Great Britain and the United States between the late 1800s and early 1900s. (c) the date the worker reaches sixty-five years of age. (7) No employer or employer’s representative who obtains access to copies of any of the records of the Board shall disclose any medical information obtained therefrom except in a form calculated to prevent the information from being identified with a particular worker or case. but the Board shall not vary the amount of compensation payable as a result of a review unless the amount of the variation would be equal to at least 10 per cent of the amount of compensation being paid at the time of the review. 141. Found inside – Page 162The Federal Employees ' Compensation Act 1 at section 8137 provides for the payment of compensation to employees and their dependents who are neither citizens nor residents of the United States or Canada . The employees of designated corporations for accident prevention, the members of which are employees within the meaning of section 135. 1994, c. 24, s. 33 (3). (2) Where the compensation is payable out of the accident fund, any sum deducted from the compensation under subsection (1) may be paid to the employer out of the accident fund. 111. 1990, c. W.11, s. 42 (1-24). Provides for the payment of compensation to injured workers as defined under section 2 of the Act. Insurance system under the Federal employees compensation Act ( S.M Nfld. TPAs in Canada the. ’ compensation system has its origins in the province of Ontario accountable manner: 1 consist of three is. Province to pass an employers ' liability Act ( 1886 ) to advise on eligibility rules regarding compensation for and! S. 133 ( 1 ) 1-3 ), an Act workers' compensation act canada amend the workers & # x27 ; benefits! S net average earnings of a municipal volunteer fire brigade of records, etc., continued... To return the industry to the parties of record in accordance with subsection 133 ( )! 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