Bill 47 — Second Session, 30Th Legislature, 69 Elizabeth Ii the Legisla Tive Assembly of Alberta Bill 47 Ensuring Safety and Cutting Red Tape Act, 2020 (Legislature 30, Session 2)

L30 S2 11884

Alberta — Bills

2020 Bill 47 Second Session, 30th Legislature, 69 Elizabeth II THE LEGISLA TIVE ASSEMBLY OF ALBERTA BILL 47 ENSURING SAFETY AND CUTTING RED TAPE ACT, 2020 THE MINISTER OF LABOUR AND IMMIGRATION Firs t Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Second Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Committee of the Whole . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Third Reading . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Royal Assent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Bill 47 BILL 47 2020 ENSURING SAFETY AND CUTTING RED TAPE ACT, 2020 ( A s s e n t e d t o , 2 0 2 0 ) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: Heroes’ Compensation Act Enacts SA 2020 cH-7.8 1 The Heroes’ Compensation Act as set out in

Schedule 1 is enacted and may be cited as

chapter H-7.8 of the Statutes of Alberta, 2020. Occupational Health and Safety Act Enacts SA 2020 cO-2.2 2 The Occupational Health and Safety Act as set out in

Schedule 2 is enacted and may be cited as

chapter O-2.2 of the Statutes of Alberta, 2020. Workers’ Compensation Act Amends RSA 2000 cW-15 3(1) The Workers’ Compensation Act is amended by this section.

(2) Section 1(1) is amended (

a) by repealing clause (e.1); (

b) by adding the following after clause (k):

1 Explanatory Notes Explanatory Notes Heroes’ Compensation Act 1 Enacts

chapter H-7.8 of the Statutes of Alberta, 2020. Occupational Health and Safety Act 2 Enacts

chapter O-2.2 of the Statutes of Alberta, 2020. Workers’ Compensation Act 3(1) Amends

chapter W-15 of the Revised Statutes of Alberta 2000.

(2) Section 1(1) presently reads in part: 1(1) In this Act,

2 (k.1) “Fairness Review Officer ” means the Fairness Review Officer designated under

section 23.1; (

c) by adding the following after clause (w): (w.1) “review body” means a review body appointed under

section 9.3; (3) Sections 2(2) and 5(1.1) are repealed.

2 Explanatory Notes (e.1) “Committee” means the Occupational Disease and Injury Advisory Committee established under

section 24.3; (k) “employment” means employment in an industry; (w) “proprietor” means (

i) an individual who owns and operates a business (

A) the general business activi ty of which usually involves performing work for more than one person concurrently, and (

B) in connection with wh ich the individual does not employ any workers, and (ii) any other individual or cl ass of individuals deemed by a direction or order of the Board to be proprietors; (3) Sections 2(2) and 5(1.1) presently read: 2(2) The office of the Board shall be located in Edmonton. 5(1.1) For an appointment of members (

a) under subsection (1)(b), the pe rsons must be selected from a list of at least 7 persons, each of whom is nominated by one or more organizations that represent employers or classes of employers, (

b) under subsection (1)(c), the pe rsons must be selected from a list of at least 7 persons, each of whom is nominated by one or more organizations that represent workers or classes of workers, and (

c) under subsection (1)(d), the pe rsons must be selected from a list of at least 7 members of the public who applied for a position on the Board but who are not members of organizations that represent employers or workers, but where only one person is being appointed, a list of at least 3 persons is required.

(4) Section 9.2(1) is amended by striking out “Fair Practices Office” and substituting “Fairness Review Officer”.

(5) The following is added after

section 9.2:

Part 1.1 Review Body Review body 9.3(1) The Board shall appoint a review body for the purposes of

section 9.4 consisting of not fewer than 3 persons, one of whom shall be designated as the chair.

(2) The chair of the review body may designate one or more members of the review body to conduct a review on behalf of the review body.

(3) When one or more members of the review body are designated to conduct a review, a decision made by them in respect of that review is a decision of the review body. Reviews 9.4(1) A person who (

a) has a direct interest in a c laim for compensation in respect of which a claims adjudicator has made a decision, or an assessment, made under this Act, and (

b) is dissatisfied with (

i) the decision of the claims adjudicator, or (ii) a decision made in res pect of the assessment, referred to in clause (a)

3 Explanatory Notes

(4) Section 9.2(1) presently reads:

(1) The Board shall, in consultation with workers, employers, the Appeals Commission and the Fair Practices Office, establish a Code of Rights and Conduct that sets out the rights of workers and employers in their interaction with the Board and describes how the Board operates in recognition of those rights.

(5) Part 1.1 Review Body.

4 may, within one year after the day the decision of the claims adjudicator was issued or the decision in respect of the assessment was made, seek a review of the decision by the review body.

(2) An administrative penalty under

section 152.1 is considered to be an assessment for the purposes of this section.

(3) On receiving a request for a review, the Board shall cause all the information in the Board’s possession in respect of the matter that is the subject of the review to be reviewed by the review body.

(4) Unless otherwise allowed by the review body, a request for a review must be in writing and must (

a) identify the decision or issue that is to be reviewed, (

b) if the review is sought with respect to a claim for compensation, set out the date and place of the accident and the claim number, (

c) if the review is sought with respect to an assessment, set out the date that the decision that is to be reviewed was made, and (

d) set out the reasons why the decision or issue should be reviewed.

(5) The review body must receive the representations, if any, made on behalf of any one or more of the interested parties, and may (

a) if the review was sought with respect to a claim for compensation, confirm, vary or reverse any decision made in respect of the claim, and (

b) if the review was sought w ith respect to an assessment, confirm, vary or reverse the decision.

(6) For the purposes of a review of a claim for compensation, (

a) the review body may require the worker or the worker’s dependant, if the dependant is claiming compensation, to undergo a medical examination by a physician not employed by the Board and, in that case,

section 38 applies, and

4 Explanatory Notes

5 (

b) a claims adjudicator or a phy sician referred to in

section 42 or 43 who made a decision, or was involved in a matter or issue, that is the subject of the review is not eligible to conduct the review.

(7) An employee of the Board who was involved in an assessment is not eligible to conduct a review in respect of the assessment.

(8) The review body may grant interim relief while a decision or issue is under review in accordance with policies established by the Board, which must be publicly available.

(9) The one-year period referred to in subsection (1) may be extended, with or without conditions, if the chair of the review body or the chair’s delegate considers there is a justifiable reason for doing so.

(10) There is no appeal from a decision made under subsection (9).

(6) Section 10 is amended (

a) by repealing subsection (1)(d); (

b) by adding the following after subsection (1):

(1.1) The Lieutenant Governor in Council may designate one or more appeal commissioners as vice-chairs. (

c) by repealing subsection (3) and substituting the following:

(3) Subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, the chief appeals commissioner and any appeals commissioners designated as vice-chairs may be appointed for maximum terms of 5 years and are eligible for reappointment for additional terms of not more than 5 years each. (

d) in subsection (4) by striking out “a temporary appeals commissioner” and substituting “the chief appeals commissioner and an appeal commissioner designated as a vice-chair”.

5 Explanatory Notes

(6) Section 10 presently reads in part: 10(1) The Appeals Commission is continued and consists of the following members appointed by the Lieutenant Governor in Council: (

a) a chief appeals commissioner, who shall be the chair; (

b) one or more appeals commissioners whom the Lieutenant Governor in Council considers to be representative of the interests of employers; (

c) one or more appeals commissioners whom the Lieutenant Governor in Council considers to be representative of the interests of workers; (

d) any temporary appeals commissioners appointed in accordance with subsection (3).

(3) Subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, one or more temporary appeals commissioners may be appointed for terms of not more than one year and are eligible for reappointment for additional terms of not more than one year each.

(4) Subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, an appeals commissioner

6 (7)

Section 12(3) is amended by striking out “quarterly”.

(8) Section 13.1 is amended (

a) in subsection (1) by repea ling clauses (

a) and (

b) and substituting the following: (

a) appeals from decisions of a review body under

section 9.4, (

b) by repealing subsections (7.1), (7.2) and (7.3).

6 Explanatory Notes other than a temporary appeals commissioner may be appointed for a maximum term of 3 years and is eligible for reappointment for additional terms of not more than 3 years each.

(7) Section 12(3) presently reads:

(3) The costs of carrying on the operations of the Appeals Commission, as approved by the Minister, and the remuneration payable to the appeals commissioners shall be paid by the Minister and be reimbursed quarterly to the Crown by the Board from the Accident Fund.

(8) Section 13.1 presently reads in part: 13.1(1) Subject to sections 13.2(11) and 13.4, the Appeals Commission has exclusive jurisdiction to examine, inquire into, hear and determine all matters and questions arising under this Act and the regulations in respect of (

a) appeals from decisions under

section 46 made by a review body appointed under

section 45, (

b) appeals from decisions under

section 120 made by a review body appointed under

section 119, (

c) appeals from determinations of the Board under

section 21(3), and (

d) any other matters assigned to it under this or any other Act or the regulations under this or any other Act, and the decision of the Appeals Commission on the appeal or other matter is final and conclusive and is not open to question or review in any court.

(7.1) Before deciding to hold a hearing to reconsider a matter under subsection (7), on receiving an application, the Appeals Commission shall review the information provided in support of the application under subsection (7) to determine whether there is an arguable case for reconsideration. (Subsection (7.1) applies with respect to an application for reconsideration made on or after September 1, 2018. See SA 2017 c25 Sched. 2 s11(2).)

(9) Section 13.2 is amended (

a) by repealing subsection (1)(

a) and (

b) and substituting the following: (

a) a decision of a review body under

section 9.4, or (

b) by repealing subsections (2), (3) and (4) and substituting the following:

(2) The Appeals Commission shall consider the following in an appeal: (

a) if the appeal is from a d ecision under

section 9.4 with respect to a claim for compensation, the records of the claims adjudicator and the review body relating to the claim; (

b) if the appeal is from a d ecision under

section 9.4 with respect to an assessment, the records and information available to the review body relating to the matter under consideration; (

c) if the appeal is from a determination of the Board under

section 21(3), the records and information available to the Board relating to the matter under consideration.

7 Explanatory Notes

(7.2) Where the Appeals Commission determines that there is an arguable case for reconsideration, the Appeals Commission shall hold a hearing to consider the merits of the application for reconsideration. (Subsection (7.2) applies with respect to an application for reconsideration made on or after September 1, 2018. See SA 2017 c25 Sched. 2 s11(2).)

(7.3) If the Appeals Commission determines that there is merit to the application for reconsideration, the Appeals Commission shall hold a hearing to reconsider the matter. (Subsection (7.3) applies with respect to an application for reconsideration made on or after September 1, 2018. See SA 2017 c25 Sched. 2 s11(2).)

(9) Section 13.2 presently reads in part: 13.2(1) A person who has a direct interest in and is dissatisfied with (

a) a decision under

section 46 made by a review body appointed under

section 45, (

b) a decision under

section 120 made by a review body appointed under

section 119, or

(2) In considering an appeal from a decision under

section 46, the Appeals Commission shall consider the records of the claims adjudicator and the review body relating to the claim.

(3) In considering an appeal from a decision under

section 120, the Appeals Commission shall consider the records and information available to the review body relating to the matter under consideration.

(4) In considering an appeal from a determination of the Board under

section 21(3), the Appeals Commission shall consider the records and information available to the Board relating to the matter under consideration.

(8) The Appeals Commission shall not accept an appeal from a decision under

section 46 or 120 unless a written notice of appeal that complies with the regulations is received within 2 years from the date that the appropriate review body made its decision.

8 (

c) in subsection (8) (

i) by striking out “section 46 or 120” and substituting “section 9.4”; (ii) by striking out “2 years” and substituting “one year”.

(10) The following is added after

section 13.5: Programs and other functions 13.6 The Appeals Commission may (

a) establish programs directed at providing independent advice, assistance and advocacy services to employers and to workers and their dependants, and (

b) exercise any other power s and carry out any other functions provided for in the regulations.

(11) Part 3.1 is repealed and the following is substituted:

Part 3.1 Fairness Review Officer Fairness Review Officer 23.1(1) The board of directors of the Board shall designate an employee of the Board as the Fairness Review Officer and define the Fairness Review Officer’s role and mandate.

(2) The Fairness Review Officer shall report to the board of directors at the times directed by the board of directors. Powers of Fairness Review Officer 23.2 The Fairness Review Officer may, in accordance with the role and mandate established by the board of directors, review and make recommendations to the Board (

a) relating to any matter under this Act, for the purpose of determining administrative fairness and processes used to reach decisions, or (

b) relating to a breach of the Code of Rights and Conduct

8 Explanatory Notes (Subsection (8) applies with respect to decisions or determinations referred to in

section 13.2(1) made on or after September 1, 2018. See SA 2017 c25 Sched. 2 s12(2).)

(10) Programs and other functions.

(11) Part 3.1 presently reads:

Part 3.1 Fair Practices Office 23.1(1) The Fair Practices Office is established and consists of the Fair Practices Commissioner appointed by the Lieutenant Governor in Council and any employees that are necessary for the purposes of carrying out the business and affairs of the Fair Practices Office appointed in accordance with the Public Service Act.

(2) The Lieutenant Governor in Council may also appoint one or more Deputy Fair Practices Commissioners.

(3) Subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, the Fair Practices Commissioner and any Deputy Fair Practices Commissioners may be appointed for a maximum term of 3 years and are eligible for reappointment for additional terms of not more than 3 years each.

(4) The Lieutenant Governor in Council shall determine the remuneration that is payable to the Fair Practices Commissioner and a Deputy Fair Practices Commissioner.

(5) The remuneration referred to in subsection (4) must be set in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

9 in which a worker, dependant or employer is or may be aggrieved.

9 Explanatory Notes 23.2(1) The Fair Practices Commissioner shall (

a) subject to subsection (2), review and make recommendations to the Board, the Appeals Commission or the Medical Panels Office, or any one or more of them, as the Fair Practices Commissioner considers appropriate, (

i) relating to any matter under this Act, for the purpose of determining administrative fairness and processes used to reach decisions, and (ii) relating to a breach of the Code of Rights and Conduct, (

b) establish programs directed at providing independent advice, assistance and advocacy services to employers and to workers and their dependants, and (

c) perform any other function or duty provided for in the regulations.

(2) In accordance with the regulations, the Fair Practices Commissioner may review and make recommendations on a matter referred to in subsection (1)(a), (

a) if a complaint is made in a ccordance with the regulations to the Fair Practices Commissioner by a worker, the worker’s dependant or an employer, (

b) if a matter is referred to the Commissioner by the Board or the Appeals Commission, or (

c) on the Commissioner’s own motion.

(3) The powers and duties conferred on the Fair Practices Commissioner by this

section may be exercised and performed notwithstanding any provision in this Act or any other Act to the effect (

a) that any matter referred to in subsection (1)(

a) is final, (

b) that no appeal lies in respec t of the matter referred to in subsection (1)(a), or (

c) that no proceeding or deci sion of the Board, the Appeals Commission or the Medical Panels Office, or by any officer, employee or member of the Board, the Appeals Commission or the Medical Panels Office whose decision, act or omission

10 Explanatory Notes it is, may be challenged, reviewed, quashed or called into question.

(4) The Fair Practices Office may request the Board, the Appeals Commission, the Medical Panels Office, a worker, worker’s dependant or employer to provide it with any records or information, including personal information, that it considers necessary to make a recommendation, including the records and information relating to a matter that is being reviewed that are in the possession of the Board or the review body.

(5) For the purposes of subsection (4), (

a) the Fair Practice s Office is authorized to collect and use the records and information, and (

b) the Board, the Appeals Commission and the Medical Panels Office are authorized to disclose the records and information.

(6) The Board, the Appeals Commission and the Medical Panels Office may each enter into an agreement with the Fair Practices Office respecting the manner in which the records and information required to be provided under subsection (4) are to be provided to the Fair Practices Office, including by electronic means.

(7) A person receiving records and information under this

section shall not use or disclose the records or information except for a purpose related to this section. 23.3(1) The Fair Practices Commissioner shall, in a form satisfactory to the Minister, (

a) submit a report to the Minister annually, and (

b) at any other times that the Minister directs, submit a report containing the information requested by the Minister.

(2) The Fair Practices Commissioner shall meet with the Board at least annually and at any other times that the Minister directs or that the Fair Practices Commissioner requests. 23.4 The costs of carrying on the operations of the Fair Practices Office, as approved by the Minister, and the remuneration payable to the Fair Practices Commissioner shall be paid by the Minister and be reimbursed quarterly to the Crown by the Board from the Accident Fund.

(12) Section 24 is amended (

a) by repealing subsection (6) and substituting the following:

(6) If a worker suffers disablement from or because of any occupational disease and at some time during the 12 months preceding the disablement was employed in an industry or process or performed activities deemed by the regulations to have caused that disease or condition, the disease or condition is deemed to have been caused by that employment or activity, unless the contrary is shown. (

b) in subsection (7) by striking out “or a disease or condition referred to in subsection (6)(b)”; (

c) in subsection (8) by striking out “and the Committee”.

11 Explanatory Notes 23.5 No action may be maintained or brought against the Fair Practices Commissioner, a Deputy Fair Practices Commissioner or any employees or agents of the Fair Practices Office in respect of any act or decision done or made in the honest belief that it was within the jurisdiction of the Fair Practices Office. 23.6 The Lieutenant Governor in Council may make regulations (

a) respecting the functions and duties of the Fair Practices Office; (

b) respecting the functions and duties of the Fair Practices Commissioner; (

c) respecting the ownership, custody, control, collection, use and disclosure of records, reports and information submitted to or created or acquired by the Fair Practices Office, the Fair Practices Commissioner or a Deputy Fair Practices Commissioner; (

d) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this

section and sections 23.1 to 23.5.

(12) Section 24 presently reads in part:

(6) If a worker suffers disablement (

b) from or because of a di sease or condition deemed under

section 24.3(4) and at some time during the 12 months preceding the disablement was employed in an industry or process or performed activities deemed by the regulations or deemed by

section 24.3(4) to have caused that disease or condition, the disease or condition is deemed to have been caused by that employment or activity, unless the contrary is shown.

(7) If a worker suffers disablement or potential disablement caused by an occupational disease referred to in subsection (6)(

a) or a disease or condition referred to in subsection (6)(b), the date of the accident for the purposes of this Act is deemed to be (

a) in the case of disablement, the date the disablement occurs, and

(13) Section 24.2 is amended (

a) in subsection (2) by adding “a member of” before “any other class of worker”; (

b) in subsection (3) in the portion preceding clause (

a) by striking out “worker” and substituting “first responder, correctional officer, emergency dispatcher or member of any other class of worker prescribed by the regulations”.

(14) Section 24.3 is repealed and the following is substituted: Occupational disease review 24.3 The Minister shall ensure that a review of the provisions of this Act and the regulations relating to occupational diseases is conducted within 10 years after the coming into force of this

section and within every 10 years after that.

12 Explanatory Notes (

b) in the case of potential disablement, the date the potential disablement comes to the Board’s attention.

(8) If the Appeals Commission is of the opinion that a disease or condition may be linked to employment in a particular industry or process or linked to an activity carried out in a particular type of employment, the Appeals Commission shall so notify the Board and the Committee.

(13) Section 24.2 presently reads in part:

(2) If a first responder, correctional officer, emergency dispatcher or any other class of worker prescribed by the regulations is or has been diagnosed with post-traumatic stress disorder by a physician or psychologist, the post-traumatic stress disorder shall be presumed, unless the contrary is proven, to be an injury that arose out of and occurred during the course of the worker’s employment.

(3) If a worker (

a) is or has been exposed to a traumatic event or events during the course of the worker’s employment, and (

b) is or has been diagnosed w ith a psychological injury by a physician or psychologist, the psychological injury shall be presumed, unless the contrary is proven, to be an injury that arose out of and occurred during the course of the worker’s employment.

(14) Section 24.3 presently reads: 24.3(1) The Occupational Disease and Injury Advisory Committee is established under the administration of the Minister and (

a) must consist of (

i) the Director of Medical Services, Occupational Health and Safety, who shall be the chair, (ii) an employee of the Boar d who is a physician, designated by the Board, who shall be the vice-chair,

13 Explanatory Notes (iii) an employee of the Department of Health, designated by the Deputy Minister of Health, (iv) an employee of Alberta Health Services, designated by Alberta Health Services, and (

v) an employee of Covenant Health, designated by Covenant Health, and (

b) may also include 3 persons appointed by the Minister in accordance with subsection (2).

(2) If the Minister decides to appoint members under subsection (1)(b), (

a) one person must be selected from a list of at least 3 persons, each of whom is nominated by one or more organizations that represent workers or classes of workers, (

b) one person must be selected from a list of at least 3 persons, each of whom is nominated by one or more organizations that represent employers or classes of employers, and (

c) one person must be selected from a list of at least 3 members of the public who applied for a position on the Committee but who are not members of organizations that represent employers or workers.

(3) The purpose of the Committee is to (

a) propose recommendations to the Minister respecting amendments to the Act or the regulations relating to occupational diseases, (

b) periodically review the regulations referred to in sections 24(6) and 24.1(4) and provide advice to the Minister respecting amendments to those regulations, (

c) monitor trends and stay informed about occupational diseases, injuries and conditions, and (

d) provide any other advice or recommendations requested by the Minister.

14 (15)

Section 38(1) is amended by striking out “Medical Panels Office” and substituting “Board”.

(16) Sections 45, 46 and 46.1 are repealed.

14 Explanatory Notes

(4) Where the Committee considers that a disease or condition is linked to employment in a particular industry or process or is linked to an activity carried out in a particular type of employment, the Committee may direct the Board to deem the disease or condition to have been caused by that employment or activity, as the case may be, and the Board shall deem it.

(5) The chair may engage other persons to assist the Committee in carrying out its purposes.

(6) The Committee may make rules governing the calling of its meetings, the conduct of business at its meetings and any other matters as required.

(7) In accordance with any applicable regulations under the Alberta Public Agencies Governance Act, the Minister may pay members of the Committee reasonable travelling and living expenses and may pay remuneration to those members referred to in subsection (2).

(8) The Minister may provide administrative support to the Committee.

(9) The costs of carrying on the operations of the Committee, as approved by the Minister, the costs of providing administrative support referred to in subsection (8) and the expenses payable to the members must be paid by the Minister and be reimbursed quarterly to the Crown by the Board from the Accident Fund.

(15) Section 38(1) presently reads: 38(1) A worker claiming compensation or to whom compensation is payable under this Act shall, if the Board requires it, undergo a medical examination, at a time and place determined by the Board, to be conducted by a physician selected by the worker from a roster established by the Medical Panels Office, and the Board shall pay the costs of that examination.

(16) Sections 45, 46 and 46.1 presently read: 45(1) The Board shall appoint a review body for the purposes of

section 46 consisting of not fewer than 3 persons, one of whom shall be designated as the chair.

15 Explanatory Notes

(2) The chair of the review body may designate one or more members of the review body to conduct a review under

section 46 on behalf of the review body.

(3) When one or more members of the review body are designated under subsection (2) to conduct a review, a decision made by them in respect of that review is a decision of the review body.

(4) Where a claims adjudicator or a physician referred to in

section 42 or 43 made a decision or was involved in a matter that is the subject of a review under

section 46, that person is not eligible to conduct a review in respect of that decision or matter.

(5) The review body may grant interim relief while the decision is under review in accordance with policies established by the Board, which must be publicly available. 46(1) Where a person has a direct interest in a claim for compensation in respect of which a claims adjudicator has made a decision, that person may, within one year from the day the decision was issued by the claims adjudicator, seek a review of the decision by the review body appointed under

section 45.

(2) On receiving a request for a review, the Board shall cause all the information in the Board’s possession in respect of the matter that is the subject of the review to be reviewed by the review body.

(3) For the purposes of subsection (1), any decision made by a claims adjudicator prior to June 1, 1995 is deemed to have been issued on June 1, 1995.

(4) Unless otherwise allowed by the review body a request for a review must be in writing and must (

a) set out the date and place of the accident and the claim number, (

b) identify the decision or issue that is to be reviewed, and (

c) set out the reasons as to why the decision or issue should be reviewed.

(5) The review body (

a) must receive the representations, if any, made on behalf of any one or more of the interested parties, and

(17) Section 46.2 is amended (

a) by repealing subsections (1) , (2) and (3) and substituting the following:

(1) The Lieutenant Governor in Council may appoint a Medical Panels Commissioner. (

b) in subsection (4) by striking out “and any Deputy Medical Panels Commissioner may be appointed for a maximum term of 3 years and are” and substituting “may be appointed for a maximum term of 3 years and is”; (

c) in subsection (5) by striking out “and a Deputy Medical Panels Commissioner”; (

d) by repealing subsection (7) and substituting the following:

(7) In addition to the Medical Panels Commissioner’s other powers, duties and functions under this Act, the Medical Panels Commissioner is responsible for the operation of the medical panel process in accordance with the regulations. (

e) by repealing subsection (8);

16 Explanatory Notes (

b) may confirm, vary or reverse any decision made in respect of the claim.

(6) For the purposes of a review, the review body may require the worker or the worker’s dependant, if the dependant is claiming compensation, to undergo a medical examination by a physician not employed by the Board and, in that case,

section 38 applies.

(7) The one-year period referred to in subsection (1) may be extended if the chair of the review body or the chair’s delegate considers there is a justifiable reason for extending the time period.

(8) Where the one-year period is extended under subsection (7), the person extending the time period may do so with or without conditions.

(9) There is no appeal from a decision made under subsection (7). 46.1 The Minister is responsible for the Medical Panels Office.

(17) Section 46.2 presently reads in part: 46.2(1) The Medical Panels Office is established and consists of, subject to subsection (2), the Medical Panels Commissioner appointed by the Lieutenant Governor in Council and any employees that are necessary for the purposes of carrying out the business and affairs of the Medical Panels Office appointed in accordance with the Public Service Act.

(2) The Lieutenant Governor in Council may also appoint one or more Deputy Medical Panels Commissioners.

(3) A Deputy Medical Panels Commissioner may act in the absence of the Medical Panels Commissioner and may carry out any power, duty or function delegated under subsection (8).

(4) Subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, the Medical Panels Commissioner and any Deputy Medical Panels Commissioner may be appointed for a maximum term of 3 years and are eligible for reappointment for additional terms of not more than 3 years each.

(5) The Lieutenant Governor in Council shall determine the remuneration that is payable to the Medical Panels Commissioner and a Deputy Medical Panels Commissioner.

17 (

f) by repealing subsection (9) and substituting the following:

(9) The remuneration payable to the Medical Panels Commissioner shall be paid by the Minister and be reimbursed to the Crown by the Board from the Accident Fund.

(9.1) The remuneration payable to the members of a medical panel, at the rates determined by the Medical Panels Commissioner, and the costs of carrying on the operations of a medical panel shall be paid out of the Accident Fund. (

g) by repealing subsection (10); (

h) by repealing subsection (11) and substituting the following:

(11) No action may be maintained or brought against the Medical Panels Commissioner, an agent of the Medical Panels Commissioner, a medical panel or a member of a medical panel in respect of any act or decision done or made in the honest belief that it was within the jurisdiction of the Medical Panels Commissioner or a medical panel.

17 Explanatory Notes

(7) In addition to the Medical Panels Commissioner’s other powers, duties and functions under this Act, the Medical Panels Commissioner is responsible for the operation of the medical panel process, including, without limitation, (

a) coordinating the referral of medical issues and matters to medical panels, ` (

b) developing and implementing processes to ensure the timely completion of medical panel reviews and reports, (

c) establishing the roster referred to in

section 38(1), (

d) ensuring the efficient operation and management of the Medical Panels Office, and (

e) any other functions pres cribed in the regulations.

(8) The Medical Panels Commissioner may, in writing, delegate any powers, duties and functions of the Medical Panels Commissioner to the Deputy Medical Panels Commissioner.

(9) The costs of carrying on the operations of the Medical Panels Office, as approved by the Minister, and the remuneration payable to the Medical Panels Commissioner and any Deputy Medical Panels Commissioner shall be paid by the Minister and be reimbursed quarterly to the Crown by the Board from the Accident Fund.

(10) The Medical Panels Commissioner shall, in a form satisfactory to the Minister, (

a) submit a report to the Minister annually, and (

b) at any other times that the Minister directs, submit a report containing the information requested by the Minister.

(11) No action may be maintained or brought against the Medical Panels Commissioner, a Deputy Medical Panels Commissioner, a medical panel or a member of a medical panel or any employees or agents of the Medical Panels Office in respect of any act or decision done or made in the honest belief that it was within the jurisdiction of the Medical Panels Commissioner or the Deputy Medical Panels Commissioner.

(18) Section 46.3 is amended (

a) in subsection (3) by striking out “section 46” and substituting “section 9.4”; (

b) in subsections (5) and (6)(

a) by striking out “Medical Panels Office” and substituting “Medical Panels Commissioner”; (

c) in subsection (7) (

i) by striking out “Medical Panels Office” and substituting “Medical Panels Commissioner”; (ii) by striking out “and subject to

section 46.4”; (

d) by repealing subsection (11).

(19) Section 46.4 is repealed.

18 Explanatory Notes

(18) Section 46.3 presently reads in part:

(3) Where a difference of medical opinion arises in the course of evaluating a claim for compensation under this Act and a medical panel has not been established to deal with the matter under subsection (2), the worker or a worker’s dependant may apply to the Appeals Commission for the purpose of having a medical panel established to deal with the matter if the worker or the worker’s dependant, as the case may be, has exhausted the worker’s or dependant’s rights to a review under

section 46.

(5) A request for the establishment of a medical panel shall be made to the Medical Panels Office and must include the records and information, including personal information, available to the Board or the Appeals Commission, as the case may be, relating to the medical issue or matter.

(6) For the purposes of subsection (5), (

a) the Medical Panels Office is authorized to collect and use the records and information, and

(7) Where the Medical Panels Office receives a request for the establishment of a medical panel, the Medical Panels Commissioner shall, in accordance with the regulations and subject to

section 46.4, establish a medical panel to deal with the issue or matter that is the subject of the application.

(11) If the evidence in support of the opposite sides of an issue relating to the difference of a medical opinion in the course of evaluating a claim for compensation is approximately equal, the issue shall be resolved in favour of the worker.

(19) Section 46.4 presently reads: 46.4(1) Before referring a matter to a medical panel under

section 46.3, and unless it is impractical to do so, the Medical Panels Commissioner may request any of the following to attend a case conference: (

a) any physicians referred to in

section 46.3(10); (

b) any health care provider who holds a practice permit under the Health Professions Act the Medical Panels Commissioner considers appropriate;

(20) Section 46.5 is amended (

a) in clause (

a) by striking out “and the Medical Panels Office”; (

b) in clause (

b) by striking out “the Medical Panels Office, the Medical Panels Commissioner, a Deputy Medical Panels Commissioner” and substituting “the Medical Panels Commissioner”; (

c) in clause (

d) by striking out “the members of a medical panel” and substituting “physicians who participate in proceedings before a medical panel and authorizing the Medical Panels Commissioner to determine the rates of the remuneration and expenses”;

19 Explanatory Notes (

c) the parties; (

d) any other person the Medical Panels Commissioner considers appropriate.

(2) The participants in the conference may consider (

a) the resolution of the difference of medical opinion, the process for resolving the difference and how the resolution process can be facilitated, (

b) simplification or clarification of a matter or issue referred to the medical panel under

section 46.3, and (

c) any other matter that may ai d in the resolution or facilitate the resolution of the matter referred to the medical panel.

(3) The Medical Panels Commissioner shall provide the parties and any other person directed to attend the conference with notice of the conference and any material to be relied on in the conference in a reasonable time before the date the conference is scheduled to take place.

(4) The Medical Panels Commissioner may make a procedural order before, at or following the conference.

(5) A case conference and any statements disclosed during the conference are without prejudice.

(20) Section 46.5 presently reads in part: 46.5 The Lieutenant Governor in Council may make regulations (

a) respecting the powers, dutie s and functions of the Medical Panels Commissioner and the Medical Panels Office; (

b) respecting the ownership, custody, control, collection, use and disclosure of records, reports and information submitted to or created or acquired by the Medical Panels Office, the Medical Panels Commissioner, a Deputy Medical Panels Commissioner and a medical panel; (

d) respecting the remuneration and expenses to be paid to the members of a medical panel;

20 (

d) by repealing clauses (

h) to (j); (

e) in clause (

k) by striking out “46.4” and substituting “46.3”.

(21) Section 56 is amended (

a) by repealing subsection (2) and substituting the following:

(2) If an accident causes injury to a worker and results in an impairment of earning capacity, the Board shall estimate the impairment of earning capacity resulting from the accident and shall pay periodic compensation to the worker based on the estimated loss of net earnings as determined by the Board in accordance with subsection (3). (

b) in subsection (3)(

a) by adding “as calculated by the Board” after “at the time of the accident”; (

c) in subsection (4) by striking out “Subject to

section 88.1, the” and substituting “The”; (

d) in subsection (6) by adding “subject to the maximum payable under subsection (18)” after “as determined by the Board”; (

e) in subsection (14) by striking out “if the worker” and substituting “if the worker’s employment”; (

f) by adding the following after subsection (15):

(15.1) Notwithstanding subsections (13) and (14), if the worker’s employment is subsequently terminated, or the work is withdrawn by the employer, due to the worker’s egregious conduct the Board shall continue to pay periodic

20 Explanatory Notes (

h) respecting the establishment and maintenance of the roster referred to in

section 38(1); (

i) respecting the selection of a physician for the purpose of

section 38(1); (

j) respecting the procedures relating to a case conference referred to in

section 46.4; (

k) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of sections 46.1 to 46.4.

(21) Section 56 presently reads in part:

(2) If an accident results in an impairment of earning capacity after the date of the accident, the Board shall estimate the impairment of earning capacity resulting from the accident and shall pay periodic compensation to the worker in an amount equal to 90% of the estimated loss of net earnings as determined by the Board in accordance with subsection (3).

(3) Subject to

section 68(1), the estimated loss of net earnings shall be based on the difference between (

a) the worker’s net earnings at the time of the accident based on a period or periods of time prior to the accident or the date of disablement, as the case may be, that, in the Board’s opinion, fairly and justly represent the worker’s net earnings at that time, and

(4) Subject to

section 88.1, the Board may estimate earning capacity referred to in subsection (3)(b)(ii) only after the Board has demonstrated it has made every reasonable effort to support the worker in the worker’s search for suitable employment.

(6) If the period or periods of time prior to the accident referred to in subsection (3)(

a) are, in the Board’s opinion, insufficient to allow the Board to calculate the worker’s net earnings, the Board may pay periodic compensation based on another amount as determined by the Board.

(14) Notwithstanding subsection (13), if the worker is subsequently terminated or the work is withdrawn by the employer, the Board

21 compensation to the worker in accordance with

section 13(

a) as if the worker was continuing to work. (

g) by repealing subsection (18) and substituting the following:

(18) In calculating net earnings for the purposes of this Act with respect to accidents occurring before September 1, 2018 or after January 1, 2021, no regard may be taken of the aggregate gross annual earnings of the worker in excess of an amount prescribed by order of the Board.

(19) An order referred to in subsection (18) applies only in respect of an accident that occurs on or after the day specified in the order.

(22) Section 59 is repealed and the following is substituted: Cost of living adjustments 59(1) Commencing for the 2021 calendar year and for subsequent calendar years, the Board may by order, for the purpose of maintaining approximate parity with the cost of living, make adjustments in the amounts payable as compensation to persons who are receiving compensation under this Act or any predecessor of this Act in respect of permanent total disability, permanent partial disability or death of a worker.

21 Explanatory Notes shall pay compensation for temporary total disability until the Board determines the worker is capable of other suitable employment. (15) Subsection (13) applies regardless of whether the work is in an industry to which this Act applies.

(18) In computing net earnings for the purposes of this Act with respect to accidents that occurred before September 1, 2018, no regard may be taken of the aggregate gross annual earnings of the worker in excess of an amount prescribed by order of the Board.

(13) Where work is made available to a worker who is temporarily partially disabled and the Board is satisfied that the worker is medically and physically capable of doing the work and that, considering all the circumstances, it is fair and just to expect the worker to accept the work, the following applies, notwithstanding subsection (12): (

a) if the worker accepts the wo rk, the Board shall pay periodic compensation to the worker if, in doing the work, the worker suffers an earnings loss that is caused by the residual disability, and in that case the compensation must be in an amount that is a proportionate part of 90% of the worker’s earnings loss, based on the Board’s estimate of the degree to which the earnings loss is caused by the residual disability; (

b) if the worker refuses the work, the Board shall continue to pay periodic compensation to the worker in accordance with clause (

a) as if the worker had accepted the work.

(22) Section 59 presently reads: 59(1) Commencing for the 2018 calendar year and for subsequent calendar years, for the purpose of maintaining parity with the cost of living, the amounts payable as compensation to persons who are receiving compensation under this Act or any predecessor of this Act in respect of permanent total disability, permanent partial disability or death of a worker must be adjusted cumulatively from year to year by a percentage equal to the increase to the Alberta Consumer Price Index, All-items, published by Statistics Canada for each year for the 12 months ending September 30 of the year immediately prior to the adjustment.

(2) An order referred to in subsection (1) applies only to persons receiving compensation referred to in subsection (1) on the day specified in the order.

(3) An adjustment is subject to the maximum compensation payable under

section 56 that is in effect on the day specified in the order referred to in subsection (1).

(23) Part 5.1 is repealed.

22 Explanatory Notes

(2) If the percentage increase in the Alberta Consumer Price Index is a negative number, that negative number must be treated as if it were zero. (3) Subsection (1) does not apply to amounts specifically referred to in this Act for the 2018 calendar year as those amounts have been adjusted for the 2018 calendar year.

(4) An adjustment under this

section with respect to an accident that occurred on or before September 1, 2018 is subject to the maximum pension payable under

section 56.

(23) Part 5.1 presently reads:

Part 5.1 Obligation to Reinstate Worker and Continue to Provide Benefits 88.1(1) In accordance with this section, an employer shall offer to reinstate a worker (

a) who has been unable to work as a result of an accident, and (

b) who, on the date of the accident, had been employed by the employer for at least 12 continuous months on a full-time or regular part-time basis.

(2) This

section does not apply to (

a) persons declared to be workers pursuant to

section 14(3), (

b) persons whose applications under

section 15 have been approved by the Board, (

c) individuals deemed to be workers pursuant to

section 16, (

d) persons declared to be work ers by orders of the Board made pursuant to the regulations, or (

e) unless subject to an order issued under

section 14(2), employers and workers in an industry designated by the regulations as being exempt.

(3) The employer shall accommodate the work or the workplace to the needs of the worker to the extent that the accommodation does not cause the employer undue hardship.

23 Explanatory Notes

(4) When the worker is medically and physically capable to perform the essential duties of the worker’s employment on the date of the accident, the employer shall (

a) offer to reinstate the worker in the position the worker held on the date of the accident, or (

b) offer to provide the worker with alternative employment of a comparable nature at not less than the earnings and benefits earned by the worker on the date of the accident.

(5) When the worker is medically and physically capable to perform suitable work but is unable to perform the essential duties of the worker’s employment on the date of the accident, the employer shall offer the worker the first opportunity to accept suitable employment that becomes available with the employer.

(6) Where an employer reinstates a worker in accordance with this

section and then terminates the employment, the employer is presumed not to have fulfilled the employer’s obligations under this

section if the worker is terminated (

a) within 6 months after reinstatement, or (

b) while the worker is continuing to receive compensation under this Act.

(7) The employer may rebut the presumption under subsection (6) by demonstrating to the Board that the termination was not related to the worker’s accident.

(8) Nothing in this

section prevents an employer from (

a) refusing to continue to employ a worker, (

b) terminating, laying off or suspending a worker, or (

c) altering the status of or transferring a worker, if the employer satisfies the Board that the employer’s decision to do so was for a business reason made in good faith and that the decision was not affected by the worker being or having been unable to work as a result of an accident.

(9) The employer or the worker shall notify the Board of disputes concerning whether the employer has fulfilled the employer’s obligations to the worker under this section.

24 Explanatory Notes

(10) On receiving a notice under subsection (9), the Board shall, within 60 days or within any longer period that the Board allows, determine whether the employer has fulfilled the employer’s obligations to the worker under this section.

(11) The Board may attempt to resolve the dispute referred to in subsection (9) through mediation.

(12) The Board is not required to make a determination under subsection (10) where the worker’s notice under subsection (9) is provided to the Board more than 3 months after the date of termination.

(13) If the Board determines that the employer has not complied with an obligation under this section, the employer is subject to an administrative penalty under

section 152.1 in an amount not exceeding the amount of the worker’s net average earnings for the year before the accident.

(14) The Board may provide to the worker an amount not exceeding the penalty paid by the employer under subsection (13).

(15) If the employer’s obligations under this

section provide the worker greater reinstatement terms than does a collective agreement that is binding on the employer, this

section prevails over the collective agreement except that this subsection does not operate to displace the seniority provisions of the collective agreement.

(16) An employer is obligated under this

section until the date on which the worker declines an offer from the employer to reinstate the worker that, in the opinion of the Board, complied with this section.

(17) The employer of an injured worker shall cooperate in the early and safe return to work of the worker by (

a) contacting the worker as s oon as possible after the accident occurs and maintaining communication throughout the period of the worker’s recovery and impairment, (

b) attempting to provide suitabl e employment that is available and consistent with the worker’s functional abilities and that, when possible, restores the worker’s earnings payable to the worker on the date of the accident,

25 Explanatory Notes (

c) giving the Board such information as the Board may request concerning the worker’s return to work, and (

d) doing such other things as ma y be prescribed by the Board.

(18) The worker shall cooperate in the worker’s early and safe return to work by (

a) contacting the worker’s empl oyer as soon as possible after the accident occurs and maintaining communication throughout the period of the worker’s recovery and impairment, (

b) assisting the employer, as may be required or requested, to identify suitable employment that is available and consistent with the worker’s functional abilities and that, when possible, restores the worker’s earnings payable to the worker on the date of the accident, (

c) giving the Board such information as the Board may request concerning the worker’s return to work, and (

d) doing such other things as ma y be prescribed by the Board.

(19) If a worker fails to comply with subsection (18), the Board may reduce or suspend the compensation payable to the worker.

(20) For the purposes of

section 22 of the Alberta Human Rights Act, (

a) the Board shall notify the director of the Alberta Human Rights Commission if a matter under this

section is being dealt with by the Board under this section, and (

b) the Appeals Commission shall notify the director of the Alberta Human Rights Commission if a matter under this

section is under appeal to the Appeals Commission. 88.2(1) In this section, “contributions for health 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 adult interdependent partner or dependants for health benefits.

(2) Throughout the first year after a worker is injured as a result of an accident, the employer shall make contributions for health benefits when the worker is absent from work because of the injury

26 Explanatory Notes sustained from the accident. However, the contributions are required only if (

a) the employer was making contributions for health benefits in respect of the worker when the accident occurred, and (

b) the worker continues to pay the worker’s contributions, if any, for the health benefits while the worker is absent from work. (3) Subsection (2) does not apply to persons or individuals referred to in

section 88.1(2).

(4) If an employer fails to make contributions for health benefits under subsection (2) and the worker incurs expenses for the provision of health services that would otherwise have been covered by the health benefit, the Board shall reimburse the worker for the amount incurred and the employer is liable to the Board for the amount so paid.

(5) If the Board determines that the employer has not complied with an obligation under this section, the employer is subject to an administrative penalty under

section 152.1 in an amount not exceeding one year’s contributions for health benefits in respect of the worker.

(6) The Board may provide to the worker an amount not exceeding the penalty paid by the employer under subsection (5).

(7) Where an employer participates in a multi-employer benefit plan in respect of a health benefit, subsection (2) does not apply with respect to that employment benefit if (

a) the plan continues to provide the worker with the health benefit to which the worker would otherwise be entitled, and (

b) the plan does not require the employer to make contributions during the worker’s absence and does not require the worker to draw on the benefit credits, if any, under the plan during the absence.

(8) For the purpose of determining a worker’s entitlement to an employment benefit under a health benefit plan, fund or arrangement, the worker is deemed to continue to be employed by the employer for one year after the date of the accident.

(24) The heading to

Part 6 is repealed and the following is substituted:

Part 6 Vocational Rehabilitation and Duty to Cooperate

(25) The following is added after

section 89: Duties of worker to mitigate and cooperate 89.1 A worker shall (

a) take all reasonable action to mitigate the worker’s loss of earnings resulting from an injury, and (

b) if the circumstances require , cooperate with the Board in the development of a vocational or other rehabilitation plan that is intended to return the worker to employment. Duty of employer to cooperate 89.2 An employer of an injured worker shall cooperate with the Board and with the worker in efforts to achieve the early and safe return of the worker to the worker’s employment. Termination or reduction of compensation by the Board 89.3 If without good reason, a worker fails to cooperate in, or is not available for, a vocational or other rehabilitation program, the Board may reduce or suspend the compensation payable to that worker.

(26) Section 99 is amended by striking out “section 90” and substituting “section 62”.

(27) Section 103 is amended by striking out “prepare and deliver” wherever it occurs and substituting “provide”.

27 Explanatory Notes

(24) The heading to

Part 6 presently reads:

Part 6 Vocational Rehabilitation

(25) Duties of worker to mitigate and cooperate; duty of employer to cooperate; termination or reduction of compensation by the Board.

(26) Section 99 presently reads: 99 The Board may include in its assessment on employers amounts that will enable the Board to carry out its obligations under

section 90 of the Occupational Health and Safety Act and pay those amounts to the Crown.

(27) Section 103 presently reads: 103(1) An employer shall, at any time required by the Board, prepare and deliver to the Board a statement showing either or both of the following:

(28) Section 106 is amended by striking out “prepare and forward” and substituting “provide”.

(29) Section 109 is amended by striking out “prepare and deliver” wherever it occurs and substituting “provide”.

(30) Section 110 is amended by striking out “prepare and deliver” and substituting “provide”.

28 Explanatory Notes (

a) the amount of wages paid to workers employed by the employer in the period specified by the Board; (

b) the amount that the employer estimates the employer will pay in wages to workers employed by the employer in the period specified by the Board.

(2) An employer who is obliged to prepare and deliver a statement under this

section shall include on the employer’s payroll any person, other than a director of a corporation, who renders service to the employer, whether or not the employer is under a legal obligation to pay that person any wages, salary or other remuneration, and if that person is not being paid any wages or salary, or is being paid a nominal remuneration, the Board shall, for the purposes of assessment, fix a sum that in its opinion represents a reasonable wage or salary for the service rendered by the person, having regard to the nature of the service, and the Board shall for the purpose of its assessment add the sum so fixed by it to the amount of the payroll of the employer.

(28) Section 106 presently reads: 106 If an employer ceases to be an employer, the employer shall, within 10 days afterwards, notify the Board of that fact by registered mail, and shall at the same time prepare and forward a statement of the total amount of wages earned by all the employer’s workers for the portion of the then current year during which the employer was an employer and is in respect of that period, liable to pay a premium to the Accident Fund pursuant to the assessment for that year.

(29) Section 109 presently reads: 109 The Board may require a person who, in its opinion might be an employer in an industry to which this Act applies, to prepare and deliver to the Board a statement signed by the person giving full particulars concerning the nature of the different types of work carried on by the person and any particulars required by the Board concerning the person’s payroll or other matters pertaining to the person’s work, and that person shall prepare and deliver the statement as prescribed by the Board.

(30) Section 110 presently reads:

(31) Sections 119, 120, 136(6) and 136.1(3) are repealed.

29 Explanatory Notes 110 If the business of an employer consists of more than one industry, the Board may require of the employer separate statements under sections 103 to 109 as to each industry and the employer shall prepare and deliver those statements as prescribed by the Board.

(31) Sections 119, 120, 136(6) and 136.1(3) presently read: 119(1) The Board shall appoint a review body for the purposes of

section 120 consisting of not fewer than 3 persons, one of whom shall be designated as the chair.

(2) The chair of the review body may designate one or more members of the review body to conduct a review under

section 120 on behalf of the review body.

(3) When one or more members of the review body are designated under subsection (2) to conduct a review, a decision made by them in respect of that review is a decision of the review body.

(4) Where an employee of the Board was involved in an assessment made under this Act, that person is not eligible to conduct a review in respect of that assessment.

(5) The review body may grant interim relief while the decision is under review in accordance with policies established by the Board, which must be publicly available. 120(1) Where a person has a direct interest in an assessment made under this Act, that person may, within one year from the day that a decision was made in respect of the assessment, seek a review of the decision by the review body appointed under

section 119.

(1.1) An administrative penalty under

section 152.1 is considered to be an assessment for the purposes of this section.

(2) On receiving a request for a review, the Board shall cause all the information in the Board’s possession in respect of the matter that is the subject of the review to be reviewed by the review body.

(3) Unless otherwise allowed by the review body, a request for a review must be in writing and must (

a) set out the date that the decisi on that is to be reviewed was made,

(32) The following is added after

section 136.1: Publication of grants 136.2 The Board shall publish on the Board’s website (

a) the name of each recipi ent of a grant made under sections 136 or 136.1, (

b) the purpose for which each grant will be used, and (

c) the amount of each grant.

(33) Section 147(4) is amended by striking out “, 46 or 120” and substituting “or 9.4”.

30 Explanatory Notes (

b) identify the decision or issue that is to be reviewed, and (

c) set out the reasons as to why the decision or issue should be reviewed.

(4) The review body (

a) must receive the representations, if any, made on behalf of any one or more of the interested parties, and (

b) may confirm, vary or reverse the decision.

(5) The one-year period referred to in subsection (1) may be extended if the chair of the review body or the chair’s delegate considers there is a justifiable reason for extending the time period.

(6) Where the one-year period is extended under subsection (5), the person extending the time period may do so with or without conditions.

(7) There is no appeal from a decision made under subsection (5). 136(6) The Board shall publish on the Board’s website the names of recipients of grants made under this section, the purpose for which the grant will be used and the amount of the grant. 136.1(3) The Board shall publish on the Board’s website the names of recipients of grants made under this section, the purpose for which the grant will be used and the amount of the grant.

(32) Publication of grants.

(33) Section 147(4) presently reads:

(34) Section 152.1 is amended (

a) in subsection (1) by striking out “88.1, 88.2(2)” and substituting “89.2”; (

b) in subsection (3) by striking out “Subject to sections 88.1(13) and 88.2(5), an” and substituting “An”.

(35) Section 153(1) is amended (

a) by adding the followi ng after clause (k): (k.1) respecting additional powers and functions of the Appeals Commission for the purposes of

section 13.6(b);

31 Explanatory Notes

(4) Where a matter is being, or may be, reviewed under

section 21(3), 46 or 120 or appealed under

section 13.2, the following persons are entitled, on request, to receive, and the Board is authorized to disclose, copies of information, including personal information, that is in the Board’s possession and related to the claim or matter under review or appeal: (

a) the worker, or the worker ’s personal representative or dependant in the case of the death or incapacity of the worker, or the agent of any of them; (

b) the employer or the employer’s agent; (

c) a person with a direct interest in the claim or matter that is the subject of the review or appeal, or the agent of that person.

(34) Section 152.1 presently reads in part: 152.1(1) Where the Board is of the opinion that a person has contravened

section 19, 33(1), 87, 88.1, 88.2(2), 103, 105, 106, 108, 109, 110, 138, 139, 140, 140.1, 145, 147(5) or 151.1, the Board may by notice in writing given to that person require that person to pay to the Board within the time specified in the notice an administrative penalty in respect of each contravention in the amount set out in the notice.

(3) Subject to sections 88.1(13) and 88.2(5), an administrative penalty may not exceed $25 000 (

a) for each contravention, or (

b) for each day or part of a day on which the contravention occurs and continues, as the case may be.

(35) Section 153(1) presently reads in part: 153(1) The Lieutenant Governor in Council may make regulations (l.3) prescribing classes of workers for the purpose of

section 24.2(2);

32 (k.2) respecting the ownership, custody, control, collection, use and disclosure of records, reports and information submitted to or created or acquired by the Appeals Commission, the chief appeals commissioner or an appeals commissioner; (

b) in clause (l.3) by adding “, (3) or (4)” after “section 24.2(2)”; (

c) by adding the followi ng after clause (l.3): (l.4) respecting the establishment and maintenance of the roster referred to in

section 38(1); (l.5) respecting the selection of a physician for the purpose of

section 38(1); (l.6) subject to

section 156(2), respecting anything that in t his Act may be prescribed by the Lieutenant Governor in Council or done or prescribed by regulation;

(36) The following is added after

section 158: Transitional re Ensuring Safety and Cutting Red Tape Act, 2020 158.1(1)

Section 13.2(1) to (4) as they read immediately before April 1, 2021 continue to apply with respect to a decision or determination referred to in

section 13.2(1) made before April 1, 2021.

(2) Section 13.2(8) as it read immediately before April 1, 2021 continues to apply with respect to a decision or determination referred to in

section 13.2(1) made on or after September 1, 2018 and before April 1, 2021.

(3) In subsection (4), “Fair Practices Commissioner” means the person who, immediately before April 1, 2021, was appointed as the Fair Practices Commissioner under

section 23.1.

(4) A review referred to in

section 23.2(1)(

a) as it read immediately before April 1, 2021 that, immediately before April 1, 2021, had been commenced by the Fair Practices Commissioner and not concluded, terminates on April 1, 2021.

(5) If, immediately before April 1, 2021,

32 Explanatory Notes

(36) Transitional re Ensuring Safety and Cutting Red Tape Act, 2020.

33 (

a) a request for a review under

section 46 had been made to a review body appointed under

section 45, or a request for a review under

section 120 had been made to a review body appointed under

section 119, and (

b) the review body referred to in clause (

a) had not acted under

section 46(5)(

b) or

section 120(4)(b), as the case may be, the request is referred to the review body appointed under

section 9.3 and must be continued under

section 9.4.

(37) The following is added after

section 158.1: Transitional re PTSD presumptions 158.2

Section 24.2 as it read immediately before January 1, 2021 continues to apply with respect to an accident occurring on or after April 1, 2018 and before January 1, 2021.

(38) Section 159 is repealed and the following is substituted: Review of Act 159 The Minister shall, within 10 years after the coming into force of this section, and within every 10 years after that, appoint a review committee to review and report on all matters concerning the Act, the regulations and the administration of the Act and the regulations.

33 Explanatory Notes

(37) Transitional re PTSD presumptions.

(38) Section 159 presently reads: 159(1) The Lieutenant Governor in Council shall, on or before February 1, 2021 and at least once every 5 years thereafter, appoint a review committee consisting of at least 3 persons to review and report on all matters concerning the Act, the regulations and the administration of the Act and the regulations.

(2) For an appointment of members under subsection (1), (

a) one person must be selected from a list of at least 3 persons, each of whom is nominated by one or more organizations that represent workers or classes of workers, (

b) one person must be selected from a list of at least 3 persons, each of whom is nominated by one or more organizations that represent employers or classes of employers, and (

c) one person must be selected from a list of at least 3 persons who applied to be a member of the review committee but who are not members of an organization that represents employers or workers.

(3) The Lieutenant Governor in Council shall designate one of the members of the review committee as chair of the committee and may designate another member as vice-chair.

34 Coming into Force Coming into force 4(1)

Section 3, except subsections (10), (13), (21), (22), (26), (35)(

a) and (37), has effect on April 1, 2021.

(2) Section 3(13), (21), (22) and (37) have effect on January 1, 2021.

(3) Section 3(26) has effect on the repeal of

section 90 of the Occupational Health and Safety Act, SA 2017 cO-2.1.

Schedule 1 HEROES’ COMPENSATION ACT Table of Contents 1

Definitions 2 Administration of Act 3 Lump sum payment 4 Payment to Accident Fund 5 Entitlements to payments 6 Limitation on payments 7 Regulations 8 Consequential amendment

Definitions 1 In this Act, (a) “accident” means an acci dent as defined in the Workers’ Compensation Act;

34 Explanatory Notes

(4) The membership of the review committee must include equal representation of the interests of employers, workers and the general public.

(5) On completion of the report, the review committee shall submit the report to the Minister, who shall make it publicly available. Coming into Force 4(1) Coming into force.

(2) Coming into force.

(3) Coming into force.

35 (b) “Accident Fund” means the A ccident Fund as defined in the Workers’ Compensation Act; (c) “Board” means The Workers’ Compensation Board; (d) “child” means a ch ild as defined in the Workers’ Compensation Act; (e) “correctional officer” m eans a correctional officer as defined in

section 24.2 of the Workers’ Compensation Act; (f) “dependant” means a dependant as defined in the Workers’ Compensation Act; (g) “dependent child” means a dependent child as defined in th e Workers’ Compensation Act; (h) “first responder” means a first responder as defined in

section 24.2 of the Workers’ Compensation Act; (i) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (j) “worker” means a correctiona l officer or first responder or an individual or class of individuals prescribed by the regulations. Administration of Act 2 The Board shall administer this Act and make lump sum payments under

section 3(1) to the persons entitled to them. Lump sum payment 3(1) Subject to

section 6, when, on or after April 1, 2020, a worker dies as a result of an accident, the Board shall make a single lump sum payment of compensation in the amount of $100 000 to the dependants of the worker in accordance with this section.

(2) For the purposes of this section, if at the time of the worker’s death there is both a spouse and an adult interdependent partner of the worker, then (

a) if the spouse is a dependent spouse, the spouse is entitle d to receive the lump sum payable under subsection (1), or

35 Explanatory Notes

36 (

b) if the spouse is not a dependent spouse and the adult interdependent partner is a dependant, the adult interdependent partner is entitled to receive the lump sum payable under subsection (1).

(3) If a worker dies as a result of an accident and leaves dependent children but no dependent spouse or dependent adult interdependent partner, the lump sum payable under subsection (1) must be divided equally among the dependent children.

(4) If a worker dies as a result of an accident and leaves no dependent spouse or dependent adult interdependent partner or dependent children, the lump sum payable under subsection (1) must be paid to the worker’s estate.

(5) A lump sum payment made under subsection (1) is deemed to be a benefit paid under the Workers’ Compensation Act. Payment to Accident Fund 4 The sums required by the Board for the administration of this Act and for payments under

section 3(1) must be paid to the Accident Fund from the General Revenue Fund. Entitlements to payments 5 Entitlements to payments under

section 3(1) shall be determined by the Board under this Act and under the Workers’ Compensation Act with any necessary changes. Limitation on payments 6 The total of all payments made annually under

section 3(1) must not exceed $1 500 000 or such greater amount as may be prescribed by the regulations. Regulations 7(1) The Lieutenant Governor in Council may make regulations (

a) prescribing individuals or classes of individuals as being workers; (

b) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Act.

36 Explanatory Notes

(2) The Minister may make regulations prescribing an amount greater than $1 500 000 for the purpose of

section 6.

(3) A regulation made under subsection (2) may be restricted in its application to one or more years specified in the regulation. Amends SA 2017 cO-2.1 8

Section 90(1) of the Occupational Health and Safety Act is amended by striking out “this Act” and substituting “this Act and the Heroes’ Compensation Act”.

37 Explanatory Notes 8

Section 90(1) presently reads: 90(1) For the purpose of defraying part of the costs of administering this Act, (

a) the Minister shall, if author ized by the regulations or the OHS code, make assessments on employers, or (

b) The Workers’ Compensation Bo ard shall, if an agreement is entered into under subsection (2)(b), pay to the Crown amounts that may be prescribed by the Lieutenant Governor in Council.

Schedule 2 OCCUPATIONAL HEALTH AND SAFETY ACT Table of Contents 1

Definitions 2 Purposes of this Act

Part 1 General Obligations 3 Obligations of employers 4 Obligations of supervisors 5 Obligations of workers 6 Obligations of suppliers 7 Obligations of service providers 8 Obligations of contracting employers 9 Obligations of owners 10 Obligations of prime contractors 11 Obligations of tempor ary staffing agencies 12 Multiple obligations

Part 2 Health and Safety Committees, Representatives and Programs 13 Joint health and safety committees 14 Health and safety representative 15 Inspection of work site with officer 16 Health and safety program

Part 3 Dangerous Work and Disciplinary Action 17 Right to refuse dangerous work 18 Where disciplinary action prohibited 19 Disciplinary action complaint

Part 4 Acceptances, Allowances, Approvals, Inter-jurisdictional Recognitions and Licences 20 Acceptances 21 Allowances 22 Approvals 23 Inter-jurisdictional recognition 24 L i c e n c e s

Part 5 Minister and Staff 25 Powers and duties of the Minister 26 Staff 27 Powers of a Director 28 Duties of officers

Part 6 Medical Examinations, Assessments and Reports 29 Medical examination 30 Notice of findings 31 Medical report 32 Examination of workers exposed to hazards

Part 7 Compliance and Enforcement 33 Serious injuries, illnesses, incidents and worker exposure to radiation 34 Inspection 35 Identification 36 Investigation 37 Hindering an officer 38 Order to ensure compliance 39 Stop work orders 40 Stop use orders 41 Director’s authority

40 42 Enforcement of compliance with order 43 Awarding costs 44 Administrative penalties

Part 8 Appeals 45 Appeal 46 Hearing of appeal

Part 9 Offences and Penalties 47 Offences 48 Penalties 49 Additional powers of court to make directions 50 Effect of non-payment

Part 10 Information Exchange and Programs 51 Agreements regarding res earch and educational programs 52 Advisors 53 Exchange of information 54 Publication of information about employers 55 Posting orders, reports, plans and procedures 56 Occupational health and safety surveillance program 57 Funded organizations 58 Designated organizations 59 Furthering occupationa l health and safety

Part 11 Regulations and Administration 60 Lieutenant Governor in Council regulations 61 OHS Code 62 Provisions affecting the regulations and the OHS Code 63 Administration costs 64 Service of documents

41 65 Liability of officials 66 Act binds Crown

Part 12 Related and Transitional Provisions, Repeal and Coming into Force 67 Dissolution of Occupational Health and Safety Advisory Council 68 Transitional — regulations 69 Transitional — acceptances , approvals and licences 70 Transitional — orders and administrative penalties 71 Transitional — investigation 72 Transitional — refusal of dangerous work and discriminatory action 73 Transitional — serious injuries and incidents 74 Transitional — Directo r review and appeal 75 Transitional — staff 76 Transitional — radiation protection 77 Repeal 78 Coming into force

Definitions 1 In this Act, (a) “administrative penalty” means an administrative penalty required to be paid under

section 44(1); (b) “appeal body” means the app eal body referred to in

section 45(1); (c) “collective agreement” means an agreement in writing between an employer or an employers’ organization and a bargaining agent containing terms or conditions of employment, and may include one or more documents containing one or more agreements; (d) “competent” in relation to a person means adequately qualified, suitably trained and with sufficient experience to safely perform work without supervision or with only a minimal degree of supervision;

42 (e) “construction work site” me ans a work site where any of the following activities are conducted: (

i) the building, demolition, repair, alteration, extension or renovation of a structure; (ii) site development or build ing and repair of roads, highways, pipelines, sewage systems, drainage systems, electrical transmission lines or systems or telecommunication transmission lines or systems; (iii) digging, working in or f illing a trench or excavation; (iv) land clearing, earth moving , grading, boring, drilling, abrasive blasting or concreting; (f) “contracting employer” means a person, partnership or group of persons who, through a contract, an agreement or ownership, directs the activities of one or more employers involved in work at a work site; (g) “custodian” means a person d efined as a custodian under the Health Information Act; (h) “Director” means a person appointed under

section 26 as a Director; (i) “Director of Medical Servi ces” means a physician appointed under

section 26 as a Director of Medical Services; (j) “disciplinary action” means any action or threat of action by a person that does or would adversely affect a worker with respect to any terms or conditions of employment; (k) “employer” means (

i) a person who is self-employed in an occupation, (ii) a person who employs or engages one or more workers, including a person who employs or engages workers from a temporary staffing agency, (iii) a person designated by an employer as the employer’s representative, or

43 (iv) a director or officer o f a corporation or a person employed by the employer who oversees the occupational health and safety of the workers employed by the corporation or employer; (l) “equipment” means any m echanical or non-mechanical

article or device, and includes any machine, tool, appliance, apparatus, implement or other thing used in the carrying out of work, but does not include the personal property owned by an individual unless that property is used in the carrying out of work; (m) “family member”, in relation to a shareholder, sole proprietor or partner, means (

i) the spouse or adult inte rdependent partner of the shareholder, sole proprietor or partner, or (ii) whether by blood, marriage or adoption or by virtue of an adult interdependent relationship, a child, parent, grandparent, sibling, aunt, uncle, niece, nephew or first cousin of the shareholder, sole proprietor or partner of the shareholder’s, sole proprietor’s or partner’s spouse or adult interdependent partner, and includes any other perso n prescribed by the OHS Code to be a family member; (n) “harassment” means any single incident or repeated incidents of objectionable or unwelcome conduct, comment, bullying or action by a person that the person knows or ought reasonably to know will or would cause offence or humiliation to a worker, or adversely affects the worker’s health and safety, and includes (

i) conduct, comment, bullyi ng or action because of race, religious beliefs, colour, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status, gender, gender identity, gender expression and sexual orientation, and (ii) a sexual solicitation or advance,

44 but excludes any reasonable conduct of an employer or supervisor in respect of the management of workers or a work site; (o) “harmful substance” means a substance that, because of its properties, application or presence, creates or could create a danger, including but not limited to a chemical, biological or radiological hazard, to the health and safety of a worker exposed to it; (p) “hazard” means a situation, condition or thing that may be dangerous to health and safety; (q) “hazardous occupation” mean s an occupation in which a person works with asbestos, silica, coal dust or lead; (r) “hazardous work site” means a blasting area and an area of a work site where there is a reasonable chance that the airborne concentration of asbestos, silica, coal dust or lead exceeds or may exceed the occupational exposure limit for one or more of the substances under the OHS Code; (s) “health and safety program” means a co-ordinated system of procedures, processes and other measures that is designed to be implemented by organizations in order to promote continuous improvement in occupational health and safety; (t) “health and safety repr esentative” means a worker representative designated under

section 14; (u) “health service s provider” means (

i) a health services provider under the Health Information Act, or (ii) an individual or organization that reviews, interprets or assesses in an occupational setting (

A) results from an y test performed on a bodily substance from an individual worker or group of workers, (

B) results from medical, health or biological monitoring of an individual worker or group of workers, or

45 (

C) results from medical or health surveillance of an individual worker or group of workers; (v) “joint health and safet y committee” means a committee established under

section 13; (w) “licence” means a licence, cer tificate or permit issued under this Act; (x) “manufacturer’s specifications” means the written specifications, instructions or recommendations, if any, of the manufacturer of equipment, personal protective equipment, harmful substance or explosive, that describes how the equipment, personal protective equipment, harmful substance or explosive are to be used, erected, installed, assembled, started, operated, handled, stored, stopped, calibrated, adjusted, maintained, repaired, dismantled or disposed of, including a manufacturer’s instructions, operating or maintenance manual or drawings for the equipment, personal protective equipment, harmful substance or explosive; (y) “mine” means a mine desi gnated in the OHS Code as a mine; (z) “mine site” means a mine site designated in the OHS Code as a mine site; (aa) “Minister” means the Minist er determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (bb) “notifiable disease” mean s a disease or a state of ill health designated by a Director of Medical Services as a notifiable disease; (cc) “occupation” means ever y occupation, employment, business, calling or pursuit over which the Legislature has jurisdiction, except (

i) farming and ranching operations that are specified in the OHS Code and in respect of which

46 (

A) no wages, as defined in the Employment Standards Code, are paid to persons for the performance of farming or ranching work, or (

B) wages, as defined in the Employment Standards Code, are paid only to the following persons for the performance of farming or ranching work: (

I) shareholders of a corporation engaged in a farming or ranching operation of which all shareholders are family members of the same family; (II) family members of a shareholder of a corporation engaged in a farming or ranching operation of which all shareholders are family members of the same family; (III) family members of a so le proprietor engaged in a farming or ranching operation; (IV) family members of a partner in a partnership engaged in a farming or ranching operation where all partners are family members of the same family, a n d (ii) work in, to or around a pr ivate dwelling or any land used in connection with the dwelling that is performed by an occupant or owner who lives in the private dwelling, unless (

A) the work is performed for an employer who is not an occupant or owner who lives in the private dwelling, or (

B) the work is performed by a person who lives in the private dwelling and is employed by or on behalf of an occupant or owner who lives in the private dwelling; (dd) “occupational disease” mean s a disease or state of ill health arising out of and directly related to an occupation;

47 (ee) “officer” means a Director or a person appointed under

section 26 as an occupational health and safety officer; (ff) “OHS Code” mean s the OHS Code made by the Minister under

section 61(1), including any secondary code adopted or incorporated as referred to in

section 61(2) that is relevant to the circumstances in question; (gg) “oil and gas work site” m eans a work site where any of the following activities are conducted: (

i) oil and gas development , production, refining and processing; (ii) the drilling and mining of , completion, recompletion or remedial treatment of an oil or gas well; (iii) the supplementary operation performed or service provided that is necessary to the drilling of an oil or gas well; (iv) work performed with a mobile workover or completion service rig; (

v) geophysical operations in relation to oil and gas; (vi) construction and upgrading of oil and gas infrastructure; (vii) oil and gas pipeline construction and operation; (viii) oil and gas site abandonment, remediation and reclamation; (ix) bitumen and in situ heavy oil recovery; (hh) “owner” means the person who is registered under the Land Titles Act as the owner of the land on which work is being carried out or may be carried out, or the person who enters into an agreement with the owner to be responsible for meeting the owner’s obligations under this Act, the regulations and the OHS Code, but does not include a person who occupies land or premises used as a private residence unless a business, trade or profession is carried on in that premises;

48 (ii) “personal protective equipm ent” means a thing used or worn by a person for protection of that person from health or safety hazards that may exist at a work site; (jj) “police officer” means a member of the Royal Canadian Mounted Police or a member of a municipal police service or any other police service established under the Police Act; (kk) “previous Act” means the Occupational Health and Safety Act, SA 2017 cO-2.1; (ll) “prime contractor” means the prime contractor for a work site referred to in

section 10; (mm) “service provider” means a person who provides training, consultation, testing, program development, or other services in respect of any occupation or work site; (nn) “supervisor” means a person who has charge of a work site or authority over a worker; (oo) “supplier” means a person who sells, rents, leases, erect s, installs or provides any tools, appliances, personal protective equipment or equipment or who sells or otherwise provides any harmful substance or explosive to be used by a worker in respect of any occupation or work site; (pp) “temporary staffing agenc y” means a person who retains workers and deploys or facilitates the placement of those workers with other employers; (qq) “the regulations” means the regulations under

section 60; (rr) “violence”, whether at a work site or work-related, means the threatened, attempted or actual conduct of a person that causes or is likely to cause physical or psychological injury or harm, and includes domestic or sexual violence; (ss) “welfare” means the cond itions or facilities, in or near a work site, provided for the feeding, rest, hygiene or sanitary requirements of a worker; (tt) “worker” means a person engaged in an occupation, including a person who performs or supplies services for no

49 monetary compensation for an organization or employer, but does not include (

i) a student in learning activ ities conducted by or within an educational institution for which no compensation is paid to the student, or (ii) except for the purpose of

section 5(1)(

a) and (b), the following persons engaged in a farming and ranching operation specified in the OHS Code: (

A) a person to whom no wages, as defined in the Employment Standards Code, are paid for the performance of farming or ranching work; (

B) a person referred to in clause (cc)(i)(B)(

I) to (IV) to whom wages, as defined in the Employment Standards Code, are paid for the performance of farming or ranching work; (uu) “work site” mean s a location where a worker is, or is likely to be, engaged in any occupation and includes any vehicle or mobile equipment used by a worker in an occupation. Purposes of this Act 2 The purposes of this Act are (

a) the promotion and maintenance of the highest degree of physical, psychological and social well-being of workers, (

b) to prevent work site incid ents, injuries, illnesses and diseases, (

c) the protection of workers from factors and conditions adverse to their health and safety, and (

d) to ensure that all workers have (

i) the right to be informed of work site hazards and the means to eliminate or control those hazards, (ii) the right to meaningful participation in health and safet y activities pertaining to their work and work site, including the ability to express health and safety concerns,

50 (iii) the right to refuse dangerous work, and (iv) the ability to work without being subject to disciplinary action for exercising a right or fulfilling a duty imposed by this Act, the regulations or the OHS Code.

Part 1 General Obligations Obligations of employers 3(1) Every employer shall ensure, as far as it is reasonably practicable for the employer to do so, (

a) the health, safet y and welfare of (

i) workers engaged in the work of that employer, (ii) those workers not engaged in the work of that employer but present at the work site at which that work is being carried out, and (iii) other persons at or in th e vicinity of the work site whose health and safety may be materially affected by identifiable and controllable hazards originating from the work site, (

b) that the workers engaged in the work of that employer are aware of their rights and duties under this Act, the regulations and the OHS Code, (

c) that none of the employer’s workers are subjected to or participate in harassment or violence at the work site, (

d) that the employer’s workers are supervised by a person who (

i) is competent, and (ii) is familiar with this Act , the regulations and the OHS Code that apply to the work performed at the work site, (

e) that the joint health and s afety committee, if there is one, or the health and safety representative, if there is one, complies with all requirements imposed on the joint health and safety

51 committee or the health and safety representative under this Act, the regulations or the OHS Code, and (

f) that health and safety co ncerns raised by workers, supervisors and the joint health and safety committee, if there is one, or the health and safety representative, if there is one, are resolved in a timely manner.

(2) Every employer shall ensure that workers engaged in the work of that employer are adequately trained in all matters necessary to perform their work in a healthy and safe manner.

(3) If work is to be done that may endanger a worker, the employer shall ensure that the work is done (

a) by a worker who is comp etent to do the work, or (

b) by a worker who is working under the direct supervision of a worker who is competent to do the work.

(4) Every employer shall keep readily available information related to work site hazards, controls, work practices and procedures and provide that information to (

a) the joint health and safet y committee, if there is one, or health and safety representative, if there is one, at the work site, (

b) the workers, and (

c) the prime contractor, if there is one.

(5) Every employer shall ensure that current paper or downloaded or stored electronic copies of this Act, the regulations and the OHS Code are readily available for reference by workers, the joint health and safety committee, if there is one, and the health and safety representative, if there is one.

(6) Every employer who is a self-employed person engaged in an occupation but is not in the service of an employer for that occupation shall comply with all requirements imposed on an employer, with any necessary modifications.

(7) Every employer shall cooperate with any person exercising a duty imposed by this Act, the regulations and the OHS Code.

52 Obligations of supervisors 4 Every supervisor shall (

a) as far as it is reasonably practicable for the supervisor to do so, (

i) take all precautions necessa ry to protect the health and safety of every worker under the supervisor’s supervision, (ii) ensure that a worker under the supervisor’s supervision works in the manner and in accordance with the requirements of this Act, the regulations and the OHS Code, and (iii) ensure that none of the wo rkers under the supervisor’s supervision are subjected to or participate in harassment or violence at the work site, (

b) advise every worker under the supervisor’s supervision of all known or reasonably foreseeable hazards to health and safety in the area where the worker is performing work, (

c) report to the employer a c oncern about an unsafe or harmful work site act that occurs or has occurred or an unsafe or harmful work site condition that exists or has existed, and (

d) cooperate with any person exercising a duty imposed by thi s Act, the regulations and the OHS Code. Obligations of workers 5(1) Every worker shall, while engaged in an occupation, (

a) take reasonable care to protect the health and safety of the worker and of other persons at or in the vicinity of the work site while the worker is working, (

b) cooperate with the worker’s supervisor or employer or any other person for the purposes of protecting the health and safety of (

i) the worker, (ii) other workers engaged in the work of the employer, and

53 (iii) other workers not engaged in the work of that employer but present at the work site at which that work is being carried out, (

c) at all times, when the natu re of the work requires, use all devices and wear all personal protective equipment designated and provided for the worker’s protection by the worker’s employer or required to be used or worn by the worker by this Act, the regulations and the OHS Code, (

d) refrain from cau sing or participating in harassment or violence, (

e) report to the employer or supervisor a concern about an unsafe or harmful work site act that occurs or has occurred or an unsafe or harmful work site condition that exists or has existed, (

f) participate in any training provided by the employer, and (

g) cooperate with any person exercising a duty imposed by thi s Act, the regulations and the OHS Code.

(2) A worker who is not competent to perform work that may endanger the worker or others shall not perform the work except under the direct supervision of a worker who is competent to perform the work. Obligations of suppliers 6(1) Every supplier shall, as far as it is reasonably practical for the supplier to do so, (

a) ensure that any personal protective equipment or equipment that the supplier supplies is in safe operating condition, (

b) ensure that any harmful substance or explosive the supplie r supplies is safe to use, when used in accordance with the manufacturer’s specifications, (

c) if the supplier has responsibility under an agreement to maintain equipment, ensure that the equipment is maintained in a safe condition, in accordance with the manufacturer’s specifications, if any, and in compliance with this Act, the regulations and the OHS Code,

54 (

d) provide a notice to all of the employers supplied by the supplier with personal protective equipment or equipment, or to the purchasers or lessees of the equipment, when the supplier becomes aware or ought reasonably to be aware that the equipment that was supplied or is about to be supplied does not comply with a standard prescribed under the regulations or the OHS Code, and (

e) provide a notice to all of the employers supplied by the supplier with a harmful substance or explosive when the supplier becomes aware or ought reasonably to be aware that the harmful substance or explosive that was supplied or is about to be supplied does not comply with a standard prescribed under the regulations or the OHS Code.

(2) Subject to subsection (1)(

d) and (e), every supplier shall ensure that any personal protective equipment, equipment, harmful substance or explosive that the supplier supplies complies with this Act, the regulations and the OHS Code.

(3) Every supplier shall, as far as it is reasonably practicable for the supplier to do so, (

a) ensure that any personal protective equipment or equipment is supplied with a written copy of the manufacturer’s specifications and any other instructions for safe use, as applicable, if such specifications and instructions exist, and (

b) ensure that any harmful substance or explosive the supplie r supplies is supplied with a written copy of the manufacturer’s specifications and instructions for safe use, as applicable, if such specifications and instructions exist.

(4) Every supplier shall cooperate with any person exercising a duty imposed by this Act, the regulations and the OHS Code. Obligations of service providers 7(1) Every service provider shall ensure, as far as it is reasonably practicable for the service provider to do so, that any service provided to a person to meet an obligation in the Act, the regulations and the OHS Code will enable the person to comply with this Act, the regulations and the OHS Code.

(2) Every service provider shall

55 (

a) ensure that all services pro vided in respect of a work site comply with the Act, the regulations and the OHS Code, (

b) ensure that services provided to a person to meet an obligation in the Act, the regulations or the OHS Code are completed by workers who are competent to provide those services, (

c) ensure that, as far as it is reasonably practicable for the service provider to do so, no person at or in the vicinity of a work site is endangered as a result of the service provider’s activity, and (

d) cooperate with any person exercising a duty imposed by thi s Act, the regulations and the OHS Code. Obligations of contracting employers 8(1) Every contracting employer who directs the activities of an employer involved in work at a work site shall ensure, as far as it is reasonably practicable to do so, that the employer complies with this Act, the regulations and the OHS Code in respect of that work site.

(2) Every contracting employer shall ensure that the owner and any employer, prime contractor, supplier or service provider on a work site is informed of any existing or potential work site hazards that may affect workers or other persons at the work site.

(3) Every contracting employer shall cooperate with a person exercising a duty imposed by this Act, the regulations and the OHS Code. Obligations of owners 9(1) Every owner shall ensure, as far as it is reasonably practicable to do so, that the land, infrastructure and any building or premises on the land is provided and maintained in a manner that does not endanger the health and safety of workers or any other person.

(2) Every owner shall ensure that any hazard identified by the owner is communicated to all workers, employers, contracting employers, prime contractors, suppliers and service providers that are conducting work activities, or may be reasonably anticipated to conduct work activities, in relation to the land, infrastructure and any building or premises on the land.

(3) Every owner shall cooperate with any person exercising a duty imposed by this Act, the regulations and the OHS Code. Obligations of prime contractors 10(1) Every construction work site and oil and gas work site or a work site or class of work sites designated by a Director must have a prime contractor if there are 2 or more employers involved in work at the work site.

(2) The person in control of the work site referred to in subsection (1) shall designate in writing a person as the prime contractor of the work site.

(3) If the person in control of the work site fails to designate a person as the prime contractor as required in subsection (2), the person in control of the work site is deemed to be the prime contractor. (4) Subsections (2) and (3) do not apply to a person who is in control of a work site if that work site is a private dwelling that is occupied by that person.

(5) The person in control of any work site not referred to in subsection (1) where there are 2 or more employers involved in work at the work site may enter into an agreement in writing with a person to designate that person as the prime contractor of the work site.

(6) The prime contractor shall ensure that the name of the prime contractor is posted in a conspicuous place at the work site.

(7) The prime contractor shall (

a) establish, as far as it is r easonably practicable to do so, a system or process that will ensure compliance with this Act, the regulations and the OHS Code in respect of the work site, including a system or process to ensure cooperation between the employer and workers in respect to health and safety, (

b) designate a person in writi ng for the purposes of ensuring cooperation between the employer and workers in respect to health and safety and implementing a system to address the matters set out in

section 13(6), and

57 (

c) conduct the prime contractor’s own activities in such a wa y as to ensure, as far as it is reasonably practicable to do so, that no person is exposed to hazards arising out of, or in connection with, activities at the work site.

(8) If a requirement in the Act, the regulations or the OHS Code imposes a duty on an employer with respect to equipment, work site infrastructure or an excavation and the equipment or infrastructure is designed, constructed, erected or installed, or the excavation is conducted by or on behalf of a prime contractor, the prime contractor shall comply with the requirement as if the requirement were directly imposed on the prime contractor. (9) Subsection (8) does not relieve the employer or prime contractor from fulfilling other responsibilities under this Act, the regulations and the OHS Code.

(10) Every prime contractor shall ensure that the owner and any employer, supplier or service provider on a work site is informed of any existing or potential work site hazards that may affect workers or other persons at the work site.

(11) Every prime contractor shall cooperate with any person exercising a duty imposed by this Act, the regulations and the OHS Code. Obligations of temporary staffing agencies 11(1) Every temporary staffing agency shall ensure, as far as it is reasonably practicable for the temporary staffing agency to do so, (

a) that the worker to be assigned to another employer is suitable to perform the task for which the worker is to be assigned, (

b) that the worker is equipp ed with any necessary personal protective equipment prior to deployment to the other employer, or will be so equipped prior to commencing work activities with the other employer, and (

c) that the other employer is capable of ensuring the health and safety of the worker.

(2) Every temporary staffing agency shall cooperate with any person exercising a duty imposed by this Act, the regulations and the OHS Code.

58 Multiple obligations 12(1) In this section, “function” means the function of prime contractor, owner, contracting employer, employer, supervisor, service provider, supplier, worker or temporary staffing agency.

(2) If a person has 2 or more functions under this Act in respect of one work site, the person shall meet the obligations of each function.

(3) If one or more provisions in this Act, the regulations or the OHS Code imposes the same duty on more than one person and one of the persons subject to that duty complies with the applicable provision, the other persons subject to that duty are relieved of their duty only during the time when (

a) simultaneous compliance of that duty by more than one person would result in unnecessary duplication of effort and expense, and (

b) the health and safety of any person at the work site is not put at risk by compliance with that duty by only one person.

(4) If a requirement of this Act, the regulations or the OHS Code imposes a duty on an employer or a worker, a person who is self-employed in an occupation shall, as far as it is reasonably practicable for the person to do so, comply with the duty.

Part 2 Health and Safety Committees, Representatives and Programs Joint health and safety committees 13(1) For the purposes of ensuring cooperation between the employer and workers in respect to health and safety, an employer shall, after consultation with any union that is a certified bargaining agent or has acquired bargaining rights on behalf of the employer’s workers, establish a joint health and safety committee (

a) if that employer regularly employs 20 or more workers, or (

b) at any work site des ignated by a Director.

(2) If there are 20 or more regularly employed workers in total from 2 or more employers at a work site, all employers shall, after consultation with any union that is a certified bargaining agent or has acquired bargaining rights on behalf of the employer’s workers, coordinate the establishment of a joint health and safety committee for that work site. (3) Subsection (2) does not apply to a work site where a prime contractor has been designated.

(4) A joint health and safety committee shall, in accordance with the OHS Code, consist of (

a) workers who represent the workers engaged in the work of the employer and are not associated with the management of the work, (

b) where applicable, workers who represent the workers engaged in the work of the employer and are not associated with the management of the work and who are represented by any union that is a certified bargaining agent or has acquired bargaining rights on behalf of those workers, and (

c) persons who represent the employer.

(5) The number of persons on a joint health and safety committee who represent the employer shall not exceed in total the number of worker representatives on the committee.

(6) The duties of a joint health and safety committee include the following: (

a) the receipt, consideration and disposition of concerns respecting the health and safety of workers; (

b) participation in the emp loyer’s hazard assessment; (

c) the making of recommendations to the employer respecting the health and safety of workers; (

d) review of the employer’s work site inspection documentation.

(7) A joint health and safety committee shall hold its meetings and carry out its duties and functions during normal working hours.

60 Health and safety representative 14(1) For the purposes of ensuring cooperation between the employer and workers in respect to health and safety, an employer shall, after consultation with any union that is a certified bargaining agent or has acquired bargaining rights on behalf of the employer’s workers, designate a worker, who is not associated with the management of the employer, as the health and safety representative (

a) if that employer regularly employs 5 to 19 workers, or (

b) at any work site des ignated by a Director.

(2) If there are 5 to 19 workers in total from 2 or more employers regularly employed at a work site, all employers shall coordinate the designation of a health and safety representative for that work site. (3) Subsection (2) does not apply to a work site where a prime contractor has been designated.

(4) The health and safety representative shall, in cooperation with a representative of the employer, perform the same duties, with any necessary modifications, as set out for the joint health and safety committees in

section 13(6).

(5) A health and safety representative shall carry out all duties and functions during normal working hours.

(6) An employer that is required to designate a health and safety representative under this

section may establish a joint health and safety committee under

section 13 instead of designating a health and safety representative. Inspection of work site with officer 15 When an officer inspects a work site, the officer may request any member of the joint health and safety committee, their designates or a health and safety representative to be present at that inspection. Health and safety program 16 An employer who regularly employs 20 or more workers or on the direction of a Director shall, subject to the OHS Code, establish and implement a health and safety program.

Part 3 Dangerous Work and Disciplinary Action Right to refuse dangerous work 17(1) In this section, “undue hazard” in relation to any occupation includes a hazard that poses a serious and immediate threat to the health and safety of a person.

(2) Subject to this

section and

section 5, a worker may refuse to work or to do particular work at a work site if the worker believes on reasonable grounds that there is an undue hazard at the work site or that the work constitutes an undue hazard to the worker’s health and safety or to the health and safety of another worker or another person.

(3) When exercising a right to refuse to work or to do particular work under subsection (2), a worker shall ensure, as far as it is reasonable to do so, that the refusal does not endanger the health and safety of any other person.

(4) A worker who refuses to work or to do particular work under subsection (2) shall promptly report the refusal and the reasons for it to the worker’s employer or supervisor or to another person designated by the employer or supervisor.

(5) An employer who receives a report under subsection (4) shall, as soon as possible, inform the joint health and safety committee, if there is one, or the health and safety representative, if there is one, of the report.

(6) The employer may require a worker who has made a report under subsection (4) to remain at the work site and may assign the worker temporarily to other work assignments that the worker is reasonably capable of performing.

(7) A temporary assignment under subsection (6), if there is no loss in pay, is not disciplinary action for the purposes of

section 18.

(8) If the employer does not remedy the alleged undue hazard immediately, the employer shall, after discussing the matter with the worker who refuses to work or do particular work under subsection (2), immediately inspect the alleged undue hazard.

(9) The employer required to inspect under subsection (8) shall take any action necessary to remedy any undue hazard, or ensure that such action is taken.

(10) When a worker has refused to work or to do particular work under subsection (2), the employer shall not request or assign another worker to do the work until the employer has determined that the work does not constitute an undue hazard to the health and safety of any person or that an undue hazard does not exist.

(11) On completing an inspection under subsection (8), the employer shall prepare a written report of the refusal to work, the inspection and the action taken, if any, under subsection (9).

(12) The employer shall give a copy of the report completed under subsection (11) to the worker who refused work under subsection (2), the joint health and safety committee if there is one and the health and safety representative if there is one.

(13) If a worker who receives a report under subsection (12) is of the opinion that an undue hazard still exists, the worker may notify an officer.

(14) Where the employer becomes aware that a notification to an officer was made under subsection (13), the employer shall advise any other worker that the employer assigns to do the work, in writing, of (

a) the first worker’s refusal, (

b) the reasons for the refusal, and (

c) the reason why, in the opinion of the employer, the work does not constitute an undue hazard to the health and safety of any person or that an undue hazard is not present.

(15) An officer who receives a notification under subsection (13) shall investigate the matter and prepare a written record of the investigation and the officer’s findings, and shall give the joint health and safety committee if there is one, the health and safety representative if there is one, the worker and the employer a copy of the record.

63 Where disciplinary action prohibited 18 No person shall take any disciplinary action against a worker by reason of that worker acting in compliance with this Act, the regulations, the OHS Code or an order issued under this Act. Disciplinary action complaint 19(1) A worker who has reasonable cause to believe that the worker has been subjected to disciplinary action in contravention of

section 18 may file a complaint with an officer within 180 days after the alleged contravention occurs, but not afterwards.

(2) An officer who receives a complaint under subsection (1) shall, subject to subsection (3), prepare a written report of the worker’s complaint, the investigation and the officer’s findings and shall give the worker and the employer a copy of the report.

(3) An officer may refuse to investigate a complaint where the officer is of the opinion that the complaint is without merit, or is frivolous, trivial, vexatious, filed with improper motives or otherwise an abuse of process.

(4) If an officer refuses under subsection (3) to investigate a complaint under subsection (1), the officer shall notify the worker in writing.

(5) Where an officer has refused under subsection (3) to investigate a complaint under subsection (1), the worker who made the complaint may, within 30 days of receiving notice of the officer’s refusal to investigate, request that a Director review the refusal.

(6) Upon the review referred to in subsection (5), a Director may (

a) confirm or revoke the officer’s refusal, or (

b) refer the matter to anoth er officer for a determination in accordance with this section.

(7) An officer shall refuse to accept a complaint made by a worker who is bound by a collective agreement.

(8) If, in the opinion of the officer, disciplinary action has occurred in contravention of

section 18, the officer may in writing order the person who contravened the

section to do one or more of the following:

64 (

a) cease the disciplinary action; (

b) reinstate the worker to the worker’s former employment under the same terms and conditions under which the worker was formerly employed; (

c) pay the worker not more than the equivalent of wages and benefits that the worker would have earned if the worker had not been subjected to disciplinary action; (

d) remove any reprimand or other reference to the matter from the worker’s employment records; (

e) take other measures to prevent recurrence.

(9) If the worker had worked elsewhere while the dismissal or disciplinary action had been in effect, those wages earned or benefits acquired elsewhere shall be deducted from the amount payable to the worker under subsection (8)(c).

(10) If an officer determines that disciplinary action has been taken against a worker who has acted in compliance with this Act, the regulations, the OHS Code or an order issued under this Act, (

a) there is a presumption in favour of the worker that the disciplinary action was taken against the worker because the worker acted in compliance with this Act, the regulations, the OHS Code or an order issued under this Act, and (

b) the onus is on the person who contravened

section 18 to establish that the disciplinary action was taken against the worker for a reason other than that the worker acted in compliance with this Act, the regulations, the OHS Code or an order issued under this Act.

Part 4 Acceptances, Allowances, Approvals, Inter-jurisdictional Recognitions and Licences Acceptances 20(1) A Director may issue in writing an acceptance to a person or class of persons if, in the Director’s opinion, an alternative tool, appliance, personal protective equipment, equipment, standards, work process, first aid service or first aid supplies or equipment at a work site provides equal or greater protection than that provided for by the OHS Code for persons affected by the tool, appliance, personal protective equipment, equipment, standards, work process, first aid service or first aid supplies or equipment.

(2) A Director may impose any terms and conditions that the Director considers necessary to maintain the health or safety of a worker on the acceptance and those terms and conditions are part of the acceptance.

(3) A Director may compel a person to provide the Director with any information that the Director determines is necessary for considering whether to issue an acceptance including, without limitation, (

a) a statement of why it is app ropriate to issue an acceptance, and (

b) specific details about the alternative tool, appliance, personal protective equipment, equipment, standards, work process, first aid service or first aid supplies or equipment that a Director needs to determine whether the alternative gives workers equal or greater protection than the original legislative requirement.

(4) An acceptance is in effect only during the per

Document details

Collection	Alberta — Bills
Citation	L30 S2 11884
Type	bill
Volume / chapter	L30 S2 11884
Language	en
Format	json
Source	PROVINCIAL
Identifier	2da5b958dabc2a15d10d230e6cd95023bdcfc711

Source file is stored in the law ingest library (json).