Copyright © Queen's Printer,

Victoria, British Columbia, Canada

Licence

Disclaimer

Volume 62, No. 24

279/2019

The British Columbia Gazette,

Part II

December 17, 2019

B.C. Reg. 279/2019 , deposited December 17, 2019, under the WORKERS COMPENSATION ACT [sections 1, 4, 24, 54 (6) and 225]. Order of the Workers' Compensation Board, dated

December 11, 2019.

The Workers' Compensation Board orders that, effective April 6, 2020,

(

a) the Fishing Industry Regulations, B.C. Reg. 674/76, are amended as set out

in the attached Appendix A,

(

b) the Lower Maximum Administrative Penalties Regulation, B.C. Reg. 194/2015,

is amended as set out in the attached Appendix B,

(

c) the Occupational Disease Recognition Regulation, B.C. Reg. 71/99, is amended

as set out in the attached Appendix C,

(

d) the Occupational Health and Safety Regulation, B.C. Reg. 296/97, is amended

as set out in the attached Appendix D,

(

e) the Reports of Injuries Regulations, B.C. Reg. 713/74, are amended as set

out in the attached Appendix E, and

(

f) the Review of Old Permanent Disability Awards Regulation, B.C. Reg. 177/2013,

is amended as set out in the attached Appendix F.

— R. McGINN, Chair, Board of Directors .

Appendix A

Fishing Industry Regulations

Section 1 of the Fishing Industry Regulations, B.C. Reg. 674/76, is amended

(

a) in the definition of "commercial fisher"

(

i) in paragraph (

f) by striking out "

Part 1 " and substituting " the compensation provisions of the Act ", and

(ii) by striking out " paragraph (

e) of this section, " and substituting " paragraph (

e) of this definition, ",

(

b) by repealing the definition of "Part 1" , and

(

c) in the definition of "reportable injury" by striking out "

section 54 of

Part 1, and regulations made thereunder. " and substituting "

section 150 [employer obligation to report] of the Act, and regulations made under that provision. "

Section 2 is repealed and the following substituted:

Compensation provisions of the Act apply to commercial fishers

(1) Subject to these regulations and to any other regulations or decisions made under

the compensation provisions of the Act, all compensation provisions of the Act relating

to workers apply to commercial fishers.

(2) For the purposes of the compensation provisions of the Act, a commercial fisher's

employment is that person's occupation as a commercial fisher.

Section 3 is amended

(

a) by striking out " the terms of

Part 1 and regulations and decisions made thereunder, " and substituting " the compensation provisions of the Act and regulations and decisions made under

those provisions, ", and

(

b) by striking out " compensation benefits " in both places and substituting " compensation ".

Section 4 is amended by striking out "

Section 8 of

Part 1 " and substituting "

Section 147 [injuries happening outside British Columbia] of the Act ".

Section 5 is amended

(

a) in subsection (1) (

c) by striking out " the provisions of

Part 1 " and substituting " the compensation provisions of the Act ", and

(

b) in subsection (3) by striking out "

section 33 of

Part 1 " and substituting "

section 209 [annual determination of maximum wage rate for average earnings] of the Act ".

Section 10 is amended

(

a) in subsection (1) by striking out " sections 53, 54 and 96.2 to 96.4 of the Act " and substituting "

section 149 [worker notice of injury] ,

section 150 [employer obligation to report] ,

section 262 [employer assessment in relation to injury not reported as required] and

Part 6 [Review of Board Decisions] of the Act ",

(

b) in subsection (2) by striking out " sections 53 and 54 of

Part 1 " and substituting " sections 149, 150 and 262 of the Act ",

(

c) in subsection (3) by striking out " sections 96.2 to 96.4 " and substituting "

Part 6 ",

(

d) in subsection (3.1) by striking out " Sections 96.2 to 96.4 of the Act apply " and substituting "

Part 6 of the Act applies ",

(

e) in subsection (3.2) by striking out " sections 96.2 to 96.4 of the Act apply " and substituting "

Part 6 of the Act applies ", and

(

f) in subsection (4) by striking out "

section 53 of

Part 1 " and substituting "

section 149 of the Act " and by striking out " industrial disease " in both places and substituting " occupational disease ".

Section 12 is amended

(

a) by striking out " any provision of

Part 1 or any regulation made thereunder " and substituting " a compensation provision of the Act, or a regulation under a compensation provision

of the Act, ", and

(

b) by striking out " is liable to pay and shall pay " and substituting " must pay ".

Section 13 is amended

(

a) by striking out "

section 21 (3) of

Part 1, " and substituting "

section 159 [employer authority and obligations in relation to health care] of the Act, ", and

(

b) by striking out " shall be paid " and substituting " must be paid ".

Section 14 is amended

(

a) by striking out "

section 10 of

Part 1: " and substituting " Division 3 [Legal Effect of Workers' Compensation System] of

Part 3 of the Act: ",

(

b) in the definition of "employer" by striking out " , and any person included in

section 8 ", and

(

c) in the definition of "employment" by striking out "

section 10 of

Part 1 " and substituting " that Division of the Act ".

Section 15 is amended by striking out "

section 4 of

Part 1 " and substituting "

section 8 [application to fishing industry] of the Act ".

Section 16 is repealed.

Appendix B

Lower Maximum Administrative Penalties Regulation

1 The title of the Lower Maximum Administrative Penalties Regulation, B.C. Reg. 194/2015,

is repealed and the following substituted:

OHS CITATIONS REGULATION .

Section 2 (1) is amended in the definition of "comply" by striking out " a provision of

Part 3 " and substituting " an OHS provision ".

3 Sections 2 (1), in the

definitions of "non-compliance date" and "penalty date" , and (2) and 3 are amended by striking out "

section 196.1 (1) " wherever it appears and substituting "

section 94 ".

Section 3 is amended

(

a) in paragraph (

a) by striking out "

section 115 (1) (b) " and substituting "

section 21 (1) (b) ", and

(

b) in paragraph (

b) by striking out "

section 194 (2), (3) or (4) " and substituting "

section 88 (2), (3) or (4) ".

Appendix C

Occupational Disease Recognition Regulation

Section 1 of the Occupational Disease Recognition Regulation, B.C. Reg. 71/99,

is amended

(

a) by striking out "

section 1 of the Workers Compensation Act, " and substituting "

section 138 (2) of the Workers Compensation Act , ", and

(

b) by striking out the following:

Bursitis (other than the forms of bursitis mentioned in Item 12 of

Schedule B

of the Act)

Tendinopathy (other than the forms of tendinopathy mentioned in Item 13 of

Schedule B

of the Act), including Epicondylopathy (lateral and medial) and Stenosing Tenovaginitis

(Trigger Finger)

and substituting the following:

Bursitis (other than the forms of bursitis mentioned in Item 13 of

Schedule 1

of that Act)

Tendinopathy (other than the forms of tendinopathy mentioned in Item 14 of

Schedule 1

of that Act), including Epicondylopathy (lateral and medial) and Stenosing Tenovaginitis

(Trigger Finger) .

Appendix D

Occupational Health and Safety Regulation

Section 2.1 of the Occupational Health and Safety Regulation, B.C. Reg. 296/97,

is amended by striking out "

Part 3 " and substituting " the OHS provisions ".

Section 3.13 is amended

(

a) in subsection (1) by striking out " discriminatory action as defined in

section 150 of

Part 3 " and substituting " prohibited action as defined in

section 47 ", and

(

b) in subsection (2) by striking out " discriminatory action " and substituting " prohibited action ".

Section 20.1A is amended by striking out "

section 118 of

Part 3 " and substituting " sections 13 and 24 of the Workers Compensation Act ".

4 Sections 22.7 (2) (

d) and 24.34 (1) are amended by striking out "

Part 3 " and substituting " the OHS provisions ".

Section 26.1 is amended in the definition of "multiple-employer workplace" and in the definition of "prime contractor" by striking out "

section 118 " and substituting "

section 13 ".

Section 26.1.1 is amended striking out "

section 118 (1) " and substituting " paragraph (

a) of the definition of "prime contractor" in

section 13 ".

Section 31.1 is amended by repealing the definition of "fire department" and substituting the following:

"fire department" means a fire brigade operated as a public service by

(

a) a municipality, a regional district or an improvement district,

(

b) a board or commission having the management or conduct of work or services

on behalf of any of the bodies referred to in paragraph (a), or

(

c) a parks board; .

Section 31.2 is amended by striking out " under

Part 1 of the Workers Compensation Act " and substituting " to which the compensation provisions of the Workers Compensation Act apply ".

Section 31.3 (1) is amended by striking out "

Part 3 of the Workers Compensation Act " and substituting " the OHS provisions of the Workers Compensation Act ".

10 For each item in the following table, the provision of the Occupational Health

and Safety Regulation listed in Column 1 is amended by striking out the text shown

in Column 2 and substituting the text shown in Column 3:

Item

Column 1

Provision

Column 2

Text to be struck out

Column 3

Text to be substituted

3.26 (1)

section 126

section 32

3.26 (1) (a)

section 126 (1)

section 32 (1)

3.26 (3) (a) (

i) section 127 (

a) to (

d) section 33

3.26 (3) (a) (ii)

section 128

section 34

3.26 (3) (a) (iii)

section 129

section 35

3.26 (3) (a) (iv)

section 130

section 36

3.26 (3) (a) (v)

section 131 (2)

section 37 (2)

3.26 (3) (a) (vi)

section 133

section 39

3.26 (3) (a) (vii)

section 134

section 40

3.26 (3) (a) (viii)

section 135

section 41

3.26 (3) (a) (ix)

section 136

section 42

3.26 (3) (a) (x)

section 137 (1)

section 43 (1)

3.26 (3) (a) (xi)

section 138

section 44

3.26 (3) (b)

section 131 (1)

section 37 (1)

3.27 (1)

section 126

section 32

3.27 (1) (a)

section 126 (1)

section 32 (1)

3.27 (4) (

a) section 130

section 36

3.27 (4) (

b) section 131

section 37

3.27 (4) (

c) sections 173 to 176

sections 69 to 72

3.27 (10)

section 135

section 41

3.28

section 174 (1.1) (c)

section 70 (2) (c)

22.12 (2) (a) (

i) section 117

section 23

Appendix E

Reports of Injuries Regulations

1 Sections 1, 2 (

h) and 3 of the Reports of Injuries Regulations, B.C. Reg. 713/74,

are amended by striking out " board " wherever it appears and substituting " Board ".

Section 2 is amended

(

a) by striking out " in the course of employment under

Part 1 of the Workers Compensation Act, " and substituting " in the course of a worker's employment to which the compensation provisions of

the Workers Compensation Act apply, ",

(

b) in paragraph (

d) by striking out " that he intends " and substituting " an intention ", and

(

c) in paragraph (

f) by striking out " that he is " and substituting " to be " and by striking out " his usual " and substituting " the worker's usual ".

Section 4 is repealed.

Appendix F

Review of Old Permanent Disability Awards Regulation

1 The title of the Review of Old Permanent Disability Awards Regulation, B.C. Reg. 177/2013,

is repealed and the following substituted:

RECONSIDERATION OF PRESCRIBED COMPENSATION CLAIMS REGULATION .

Section 2 is repealed and following substituted:

Reconsidering benefits

Section 203 [reconsideration of prescribed compensation claims] of the Act applies to the following claims:

(

a) the worker continues to have a compensable disability sustained more than

10 years before the worker's application under

section 203 (2) of the Act or

section 24

of the Workers Compensation Act , R.S.B.C. 1996, c. 492, as applicable, and permanent disability compensation was

determined by the Board based on a percentage of total disability of 12% or greater

for that compensable disability;

(

b) the worker continues to have a compensable disability sustained more than

10 years before the worker's application under

section 203 (2) of the Act or

section

24 of the Workers Compensation Act , R.S.B.C. 1996, c. 492, as applicable, and permanent disability compensation was

determined by the Board for an injury involving the spinal column;

(

c) the worker continues to have a compensable disability sustained more than

10 years before the worker's application under

section 203 (2) of the Act or

section

24 of the Workers Compensation Act , R.S.B.C. 1996, c. 492, as applicable, and permanent disability compensation was

determined by the Board on or after October 1, 1977 for an injury to a part of the

body other than the spinal column;

(

d) the worker

(

i) continues to have one compensable disability with a percentage of total disability

of 5% or greater sustained more than 10 years before the worker's application under

section 203 (2) of the Act, or

section 24 of the Workers Compensation Act , R.S.B.C. 1996, c. 492, and

(ii) also continues to have one or more compensable disabilities sustained at

any time before the worker's application under

section 203 (2) of the Act or

section 24

of the Workers Compensation Act , R.S.B.C. 1996, c. 492, as applicable, which, when combined with the compensable

disability referred to in subparagraph (i), brings the worker's total permanent disability

compensation determined by the Board to a percentage of total disability of 12% or

greater for the combined compensable disabilities.

Section 3 is amended by striking out " under the Act " and substituting " under the Act, the Workers Compensation Act , R.S.B.C. 1996, c. 492, or both ".

Copyright © 2019: Queen's Printer, Victoria, British Columbia, Canada