COMPENSATION ACT (RSA 2000 cW-15)

RSA 2000 cW-15

Alberta — Consolidated Statutes

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Revised Statutes of Alberta 2000

Chapter W-15 Current as of December 18, 2025 WORKERS’ COMPENSATION ACT

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law. Regulations The following is a list of the regulations made under the Workers’ Compensation Act that are filed as Alberta Regulations under the Regulations Act Alta. Reg.

Amendments Workers’ Compensation Act Firefighters’ Primary Site Cancer ................... 102/2003 ......... 249/2005, 74/2010, 73/2011, 69/2016, 2/2018, 83/2023 Medical Panels ............................................... 21/2018 ........... 264/2020 Workers’ Compensation ................................. 325/2002 ......... 90/2003, 250/2005, 348/2009, 164/2010, 227/2011, 170/2012, 188/2013, SA 2015 c19 s9, 22/2018, 10/2019, 56/2019, 81/2019, 182/2019, 148/2020, 264/2020, 157/2022, 218/2022, 9/2023, NOTE: AR 214/2025 s38 comes into force 22/2024, 125/2024, on the coming into force of s45(17) of the 216/2024, 136/2025, Health Statutes Amendment Act, 2025 188/2025, 214/2025

1 WORKERS’ COMPENSATION ACT

Chapter W-15 Table of Contents 1

Interpretation 1.1 Insurance Act does not apply

Part 1 Workers’ Compensation Board 2 Continuation 3 Corporate powers 4 Staff 5 Board of directors 6 Duties of board of directors 7 Meetings of board 7.1 Annual meeting open to public 8 President of Board 9 Remuneration 9.1 Regulations under the Alberta Public Agencies Governance Act prevail 9.2 Code of Rights and Conduct

Part 1.1 Review Body 9.3 Review body 9.4 Reviews

Part 2 Appeals Commission 10 Appeals Commission 11 Minister responsible for Commission 12 Administrator 13 Meetings 13.1 Power of Appeals Commission

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Chapter W-15 WORKERS’ COMPENSATION ACT 2 13.2 Appeals 13.3 Board is bound by decision 13.4 Appeal 13.5 Consensual resolution process privileged 13.6 Programs and other functions

Part 3 Jurisdiction of Board 14 Application of Act 15 Application to have Act apply 16 Persons deemed workers 17 Jurisdiction of Board 18 Investigation by Board 19 Prohibition 20 General powers on investigation 21 Compensation in place of action 22 Action vests in the Board 22.1 Divested action 23 Circumstances removing cause of action

Part 3.1 Fairness Review Officer 23.1 Fairness Review Officer 23.2 Powers of Fairness Review Officer

Part 4 Compensation Entitlement, Application and Payment 24 Eligibility for compensation 24.1 Presumption re firefighters 24.2 PTSD presumptions 24.3 Occupational disease review 25 Payment of compensation 26 Time limit for claims 27 Intervention by Lieutenant Governor in Council 28 Out-of-province accidents 29 Agreements with other provinces or territories 30 Cost sharing agreements 32 Notice by worker 33 Notice by employer 34 Report by physician 35 Progress report 36 Board ’s entitlement to information

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Chapter W-15 WORKERS’ COMPENSATION ACT 3 37 Inspection of records 38 Medical examination and investigation 39 Employer may require medical examinations 40 Board may require autopsy 41 Hospital authority must report death 42 Application for compensation 43 Evaluation of disability 44 Notice of decision 46.2 Medical Panels Commissioner 46.3 Medical panels 46.5 Regulations 47 Commutation of periodic payments 48 Lump sum advance 49 Payments to spouse or adult interdependent partner or child 49.1 Payment to child 50 Payment for person under disability 51 Only one pension payable 52 Worker leaving Alberta 53 Compensation to dependants residing outside Canada 54 Reduction or suspen sion of compensation 55 Payments to end of month Disability 56 Compensation for disability 56.1 Non-economic loss payment 59 Cost of living adjustments 60 Adjustment to temporary disability 60.1 Retirement benefit 61 Recurrence of disability 63 Determining impairment of earning capacity 64 Deduction of allowance or benefit from employer 67 Compensation to learner and apprentice 68 Increase in compensation for young workers Death 70 Compensation for death 70.1 Lump sum death payment 71 Compensation to child not residing with dependent spouse or dependent adult interdependent partner 72 Additional payments to child 73 Payments to dependants for illness 76 Compensation to other dependants 77 Funeral and other expenses

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Part 5 Medical Aid 78 Provision of medical aid 79 Clothing allowance 80 Amount of medical aid 82 Allowance for home and community care 83 Agreements respecting medical aid 84 Worker may select physician 85 Accounts to Board 86 No charge for medical aid 87 Transportation of injured workers 88 Reimbursement of General Revenue Fund

Part 6 Vocational Rehabilitation and Duty to Cooperate 89 Board to provide vocational and rehabilitation services 89.1 Duties of worker to mitigate and cooperate 89.2 Duty of employer to cooperate 89.3 Termination or reduction of compensation by the Board

Part 7 Accident Fund and Assessments 90 Definition 91 Accident Fund 92 Investment of Board funds 92.1 Investment management services 92.2 Transfer of investment management services 92.3 Borrowing powers 93 Auditor 94 Employer liable for premiums 95 Separate experience accounts for each employer 96 Apportionment of fatal awards 97 General assessment 98 Assessment procedure 99 Assessment for purposes of Occupational Health and Safety Act 100 Assessments due 101 Publication of assessment 102 Basis of payments 103 Statement of wages by employer 105 Employer commencing business 106 Employer ceasing to be employer

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Chapter W-15 WORKERS’ COMPENSATION ACT 5 107 Assessment in case of exemption 108 Employers ’ records 109 Persons who might be employers 110 Separate statements for each industry 111 Basis of assessment when no statement 112 Presumption of payroll 113 Rate modification 114 Work in industry not under Act 116 Minimum assessment 117 Premium payable without demand 118 Liability where no assessment 121 Non-payment of premium 123 Board may waive penalty 124 Board may require security 125 Order to cease to employ workers 126 Liability of principal, co ntractor and subcontractor 127 Certificate of default and financing statement 128 Prohibition from carrying on business 129 Priority of amount due to Board 130 Assignments, charges and mortgages void 131 Filing certificate against title to land 132 Sale of business 133 Sale of primary timber products 134 Non-arm ’s length transactions 135 Distress

Part 8 General 136 Grants 136.1 Grants for improving the health and safety of workers 136.2 Publication of grants 137 Programs 137.1 Travel allowances, etc. 138 Board order ceasing to employ workers 139 Unauthorized deductions 140 Agreements to waive Act void 140.1 Impeding reporting of accident 141 Compensation not assignable 142 Overpayments 143 Right of set off 144 Forms, notices, etc. 145 Posting of notices 146 Service of documents

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Chapter W-15 WORKERS’ COMPENSATION ACT 6 147 Confidentiality of information 147.1 Information 148 Board records privileged 149 Board ’s certificate 150 Enforcement of other amounts payable 151 Costs 151.1 Prohibition 152 Offence 152.01 Liability of directors, officers 152.1 Administrative penalty 153 Regulations 154 Additional powers of Board 155 Exemption from publication 156 Financial Administration Act 157 Effective date of a Board order

Part 8.1 Long-standing Contentious Matters 157.1 Review of long-standing contentious matters

Part 9 Transitional 158 Transitional 158.1 Transitional re Ensuring Safety and Cutting Red Tape Act, 2020 158.2 Transitional re PTSD presumptions

Part 10 Review of Act 159 Review of Act

Preamble

WHEREAS the workers’ compensation system in Alberta is founded on the principles of no-fault compensation, security of benefits, collective liability, independent administration and exclusive jurisdiction;

WHEREAS the purpose of the workers’ compensation system is to provide appropriate compensation to workers who suffer workplace-related injuries and illnesses;

WHEREAS the central focus of the workers’ compensation system is the health and well-being of workers;

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Section 1

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WHEREAS it is recognized that the success of the workers’ compensation system requires a commitment by all parties to work collaboratively with each other;

WHEREAS it is recognized that the workers’ compensation system must be sustainable, affordable and fair in order to benefit workers and employers now and in the future; THEREFORE HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation 1(1) In this Act, (a) “accident” means an accident that arises out of and occurs in the course of employment in an industry to which this Act applies and includes (

i) a wilful and intentional act, not being the act of the worker who suffers the accident, (ii) a chance event occasioned by a physical or natural cause, (iii) disablement, and (iv) a disabling or potentially disabling condition caused by an occupational disease; (b) “Accident Fund” means the fu nd referred to in

section 91; (c) “Appeals Commission” means the Appeals Commission established under

section 10; (c.1) “assessment” means the proc ess by which the premium that is payable under this Act by an employer is determined; (d) “Board” means The Work ers’ Compensation Board; (e) “child” includes a grandchild , the child of a spouse by a former marriage, and any other child to whom the worker stood in loco parentis; (e.1) repealed 2020 c32 s3(2); (f) “compensation” includes medical aid and vocational rehabilitation; (

g) repealed 2002 c27 s2; (h) “dependant” means a member of the family of a worker who was wholly or partially dependent on the worker’s earnings at

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Section 1

Chapter W-15 WORKERS’ COMPENSATION ACT 8 the time of the worker’s death or who, but for the death or disability due to the accident, would have been so dependent, but a person is not a partial dependant of a worker unless the person was partially dependent on contributions from the worker for the provision of the ordinary necessaries of life; (i) “dependent child” means (

i) a child under the age of 18 years, or (ii) a child under the age of 25 years who is enrolled at an educational institution approved by the Board; (j) “employer” means (

i) an individual, firm, association, body or corporation that has, or is deemed by the Board or this Act to have, one or more workers in the individual’s or its service and includes a person considered by the Board to be acting on behalf of that individual, firm, association, body or corporation, (ii) a proprietor whose application is approved under

section 15, (iii) a corporation where the application of a director of the corporation is approved under

section 15, and (iv) a partnership where the application of a partner in the partnership is approved under

section 15, and includes the Crown in right of Alberta and the Crown in right of Canada insofar as the latter, in its capacity as employer, submits to the operation of this Act; (k) “employment” means em ployment in an industry; (k.1) “Fairness Review Offi cer” means the Fairness Review Officer designated under

section 23.1; (l) “fatal accident” means an accident causing the death of a worker under circumstances that entitle the worker’s dependants, if any, to compensation under this Act; (l.1) “hospital operator” means, (

i) in the case of an approved hospital under the Provincial Health Agencies Act, the hospital operator of the health services sector in the approved hospital in which the worker receives treatment, or

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Chapter W-15 WORKERS’ COMPENSATION ACT 9 (ii) in the case of any othe r hospital, the operator of that hospital; (m) “industry” means an establishment, undertaking, trade or business, whether it is carried on in conjunction with other occupations or separately; (n) “invalid” means a person who is incapable of becoming gainfully employed due to physical or mental incapacity; (o) “learner” means a person who, although not under a contract of service or apprenticeship, becomes subject to the hazards of an industry to which this Act applies for the purpose of undergoing testing, training or probationary work preliminary to employment in an industry to which this Act applies; (p) “medical aid” includes medical and other services provided by a person licensed to practise the healing arts in Alberta, and nursing, hospitalization, drugs, dressing, x-ray treatment, special treatment, appliances, apparatuses, transportation and any other matters and things that the Board authorizes or provides; (q) “member of a family” means a spouse or adult interdependent partner, parent, grandparent, step-parent, child, step-child, brother, sister, half-brother and half-sister of a worker; (r) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (s) “net earnings” means net earnings as defined in the regulations; (t) “occupational disease” means occupational disease as defined in the regulations; (u) “pension” means a periodic payment to a worker in respect of whom a permanent disability has been assessed, or to a dependant of a deceased worker, the capital cost of which has been charged to the Accident Fund, and includes periodic payments to workers, or their dependants, of employers specified in the regulations; (u.1) “personal information” means personal information as defined in the Protection of Privacy Act;

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Section 1

Chapter W-15 WORKERS’ COMPENSATION ACT 10 (v) “physician” means a person licensed or authorized under the Health Professions Act to practise any of the healing arts in Alberta; (v.1) “premium” means the amount that is payable by an employer pursuant to an assessment; (w) “proprietor” means (

i) an individual who owns and operates a business (

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

B) in connection with which the individual does not employ any workers, a n d (ii) any other individual or class of individuals deemed by a direction or order of the Board to be proprietors; (w.1) “review body” means a review body appointed under

section 9.3; (x) “secretary” means secretary of the Board; (y) “wages” or “payroll” in clude any other relative or descriptive terms when an assessment under this Act is based on them; (z) “worker” means a person who enters into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise, and includes (

i) a learner, (ii) a person whose applica tion to the Board under

section 15 is approved, and (iii) any other person who, under this Act or under any direction or order of the Board, is deemed to be a worker, but does not include a person who ordinarily resides outside Canada and is employed by an employer who is based outside Canada and carries on business in Alberta on a temporary basis;

RSA 2000

Section 1.1

Chapter W-15 WORKERS’ COMPENSATION ACT 11 (aa) “year” means a calendar year unless the Board directs otherwise.

(2) A reference in this Act to a payment to a person also applies to a payment to another person for or on behalf of that person.

(3) Repealed 2002 cA-4.5 s81. RSA 2000 cW-15 s1;RSA 2000 cH-7 s142;2002 cA-4.5 s81; 2002 c27 s2;2010 c16 s1(54);2014 c18 s4;2017 c25 Sched. 2 s4; 2020 c32 s3(2);2025 c10 s58;AR 141/2025 Insurance Act does not apply 1.1 The Insurance Act does not apply to the Board in respect of the provision of workers’ compensation coverage to persons under this Act and, to avoid any doubt, nothing in

section 570 of the Insurance Act affects the application of this Act. 2002 c27 s3;2003 c40 s25;2008 c19 s44

Part 1 Workers’ Compensation Board Continuation 2(1) The corporation previously established and known as The Workers’ Compensation Board is continued.

(2) Repealed 2020 c32 s3(3). RSA 2000 cW-15 s2;2020 c32 s3(3) Corporate powers 3 The Board has the capacity and the rights, powers and privileges of a natural person. 1988 c45 s3;1995 c32 s3 Staff 4(1) Without limiting the generality of

section 3, but subject to

section 12(1), the Board may, notwithstanding any other enactment, hire the employees it considers necessary for the purposes of administering this Act and carrying out the business and affairs of the Board.

(2) Neither the Board nor the Crown shall provide variable pay to a member or employee of the Board.

(3) In subsection (2), “variable pay” means a bonus or other incentive pay provided in addition to base salary as defined in the regulations. RSA 2000 cW-15 s4;2002 c27 s4;2017 c25 Sched.2 s5

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Section 5

Chapter W-15 WORKERS’ COMPENSATION ACT 12 Board of directors 5(1) There shall be a board of directors of the Board, to be appointed by the Lieutenant Governor in Council, consisting of (

a) a member who shall be the chair, (

b) not more than 3 members whom the Lieutenant Governor in Council considers to be representative of the interests of employers, (

c) not more than 3 members whom the Lieutenant Governor in Council considers to be representative of the interests of workers, and (

d) not more than 3 members whom the Lieutenant Governor in Council considers to be representative of the interests of the general public.

(1.1) Repealed 2020 c32 s3(3).

(2) Repealed 2017 c25 Sched.2 s6.

(3) The Lieutenant Governor in Council may designate one or more members referred to in subsection (1)(b), (

c) or (

d) as vice-chairs.

(4) The chair is, by virtue of the chair’s office, a member of all committees of the board of directors.

(5) In the event of the chair’s absence or inability to act, the senior vice-chair shall act in the chair’s place and assume all of the chair’s powers and responsibilities.

(6) A member of the board of directors shall be appointed for a term not to exceed 3 years, and is eligible for reappointment for one additional term, not to exceed 3 years.

(6.1) Notwithstanding subsection (6) but subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, the Lieutenant Governor in Council may, on the recommendation of the Minister, reappoint a member of the board of directors for a third term not exceeding 3 years.

(6.2) The Minister may recommend that a member be reappointed under subsection (6.1) if, in the opinion of the Minister, the reappointment would be beneficial to the Board.

(7) Notwithstanding subsections (6) and (6.1) but subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act,

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Section 6

Chapter W-15 WORKERS’ COMPENSATION ACT 13 (

a) if a person other than a member of the board of directors is appointed chair, the person is eligible to serve as chair for a maximum of 3 terms not exceeding 3 years each, and (

b) if a member of the board of directors is appointed chair, the member is, subject to subsection (8), eligible to serve as chair for a maximum of 3 terms not exceeding 3 years each.

(8) No person is eligible to serve on the board of directors for more than 10 years, taking into account the total number of years served as a member of the board of directors and as chair. RSA 2000 cW-15 s5;2009 cA-31.5 s80;2017 c25 Sched.2 s6 Duties of board of directors 6 The board of directors (

a) shall (

i) determine the Board’s compensation policy, (ii) review and approve the programs and operating policies of the Board, and (iii) consider and approve annual operating and capital budgets of the Board, and (

b) may enact bylaws and pass resolutions for the conduct of the business and affairs of the Board. 1988 c45 s3;1990 c39 s2 Meetings of board 7(1) Meetings of the board of directors shall be held at the call of the chair at any place in Alberta that the chair determines, and in no case shall more than 3 months elapse between meetings of the board.

(2) A majority of the members of the board of directors appointed constitutes a quorum at any meeting of the board.

(3) When there is a vacancy on the board of directors, the remaining directors may exercise all of the powers of the board. RSA 2000 cW-15 s7;2002 c27 s5 Annual meeting open to public 7.1(1) The Board shall hold an annual general meeting, which must be open to the public.

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Section 8

Chapter W-15 WORKERS’ COMPENSATION ACT 14

(2) The Board shall publish notice of the annual general meeting referred to in subsection (1) on the Board’s website and in any other manner that the Board considers most likely to bring the notice to the attention of the public.

(3) The purpose of the annual general meeting is to discuss the reports presented under subsection (4) and any matters raised in relation to the reports by those present at the meeting.

(4) The Board shall ensure that the following reports are presented at the annual general meeting: (

a) the report of the chair on behalf of the board of directors; (

b) the report of the President; (

c) the report referred to in

section 93(4) for the preceding calendar year. 2002 c27 s6;2017 c25 Sched.2 s7 President of Board 8(1) The board of directors of the Board shall select and appoint a person to be the President of the Board.

(2) The salary and benefits of the President shall be determined by the board of directors of the Board and shall be paid out of the Accident Fund.

(2.1) The salary and benefits referred to in subsection (2) must be determined in accordance with any applicable regulations under the Alberta Public Agencies Governance Act.

(3) The President shall (

a) be the chief executive officer of the Board, (

b) advise and inform the board of directors on the operating, planning and development functions of the Board, (

c) be responsible for the implementation of policy as established by the board of directors, (

d) in accordance w ith policy as established by the board of directors, be responsible for all functions related to personnel, and (

e) carry out any other functions and duties assigned to the President by the board of directors.

(4) The President may in writing

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Section 9

Chapter W-15 WORKERS’ COMPENSATION ACT 15 (

a) delegate to an employee of the Board any of the President’s powers or duties, subject to any terms and conditions set out in the delegation, and (

b) designate an employee of the Board to act in the President’s place and assume all of the President’s powers and responsibilities during the President’s temporary absence. RSA 2000 cW-15 s8;2009 cA-31.5 s80 Remuneration 9 The remuneration of the members of the board of directors of the Board shall be prescribed by the Lieutenant Governor in Council and shall be paid out of the Accident Fund. RSA 2000 cW-15 s9;2017 c25 Sched.2 s8 Regulations under the Alberta Public Agencies Governance Act prevail 9.1 If regulations under the Alberta Public Agencies Governance Act apply in respect of remuneration referred to in

section 9, those regulations prevail, to the extent of any conflict or inconsistency, over any regulations prescribing remuneration under that section. 2009 cA-31.5 s80 Code of Rights and Conduct 9.2(1) The Board shall, in consultation with workers, employers, the Appeals Commission and the Fairness Review Officer, 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.

(2) The Code of Rights and Conduct must include provisions (

a) conferring rights on workers and employers, including the right to participate in decisions that affect them, (

b) imposing obligations on the Board respecting the manner in which the Board interacts with workers and employers, (

c) providing for the procedure for making and handling complaints about breaches of the Code, (

d) providing for the consequences of, and remedies for, a breach of the Code, and (

e) any other matter specified in the regulations.

(3) The rights and obligations in the Code of Rights and Conduct are in addition to any other rights and obligations under this Act, any other enactment or the general law.

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(4) The Board shall make the Code of Rights and Conduct available to the public by publishing it on the Board’s website and by any other means the Board considers appropriate. 2017 c25 Sched. 2 s9;2020 c32 s3(4)

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. 2020 c32 s3(5) Reviews 9.4(1) A person who (

a) has a direct interest in a claim 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 th e claims adjudicator, or (ii) a decision made in respect of the assessment, referred to in clause (

a) 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

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Section 9.4

Chapter W-15 WORKERS’ COMPENSATION ACT 17 (

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 with 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 (

b) a claims adjudicator or a phys ician 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). 2020 c32 s3(5)

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Part 2 Appeals Commission Appeals Commission 10(1) The Appeals Commission is continued and consists of the following members appointed by the Lieutenant Governor in Council: (

a) a chief appeals commission er, 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) repealed 2020 c32 s3(6).

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

(2) The following persons are not eligible to be or continue to be appeals commissioners: (

a) employees of the Board; (

b) members of the board of directors.

(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.

(4) Subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, an appeals commissioner other than the chief appeals commissioner and an appeal commissioner designated as a vice-chair 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.

(5) The chief appeals commissioner is the chief executive officer of the Appeals Commission.

(6) The chief appeals commissioner may designate one of the other appeals commissioners to act in the chief appeals commissioner’s

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Chapter W-15 WORKERS’ COMPENSATION ACT 19 place as chief appeals commissioner and to assume all of the chief appeals commissioner’s powers and responsibilities during the chief appeals commissioner’s temporary absence.

(7) Notwithstanding the resignation or the expiry of the term of office of an appeals commissioner, the appeals commissioner may continue to act as an appeals commissioner for the purpose of completing the appeals commissioner’s duties in respect of matters arising before the effective date of the resignation or the expiry of the term of office.

(8) The Lieutenant Governor in Council shall set the remuneration that is payable to appeals commissioners.

(9) The remuneration referred to in subsection (8) must be set in accordance with any applicable regulations under the Alberta Public Agencies Governance Act. RSA 2000 cW-15 s10;2002 c27 s7;2009 cA-31.5 s80; 2020 c32 s3(6) Minister responsible for Commission 11 The Minister is responsible for the Appeals Commission. 2002 c27 s7 Administration 12(1) Any officers and employees that are necessary for the purposes of carrying out the business and affairs of the Appeals Commission may be appointed in accordance with the Public Service Act.

(2) The chief appeals commissioner may designate employees of the Appeals Commission as officers of the Appeals Commission and may, in writing, delegate administrative powers, duties and responsibilities of the Appeals Commission to such officers.

(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 to the Crown by the Board from the Accident Fund. 2002 c27 s7;2020 c32 s3(7) Meetings 13(1) The Appeals Commission may hold meetings of the Appeals Commission at any place in Alberta that the Appeals Commission determines.

(2) The Appeals Commission shall hold an annual general meeting, which must be open to the public.

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Chapter W-15 WORKERS’ COMPENSATION ACT 20

(3) The Appeals Commission shall publish notice of the annual general meeting referred to in subsection (2) on the Appeals Commission’s website and in any other manner that the Appeals Commission considers most likely to bring the notice to the attention of the public.

(4) The Appeals Commission shall ensure that the following are presented at the annual general meeting: (

a) the report of the chief app eals commissioner, on behalf of the Appeals Commission; (

b) information relating to the operations of the Appeals Commission from the most recent report of the Auditor General on the Minister’s department. 2002 c27 s7;2017 c25 Sched.2 s10 Power of Appeals Commission 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 of a review body under

section 9.4, (

b) repealed 2020 c32 s3(8), (

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.

(2) The chief appeals commissioner may authorize a panel of 2 or more appeals commissioners to act on behalf of the Appeals Commission under subsection (1) and that panel may exercise the powers of the Appeals Commission for that purpose.

(2.1) A decision of a majority of the members of the Appeals Commission present and constituting a quorum is the decision of the Commission.

(2.2) Notwithstanding subsections (2) and (2.1), the chief appeals commissioner may authorize an appeals commissioner to sit alone

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Chapter W-15 WORKERS’ COMPENSATION ACT 21 (

a) to hear and determine matters and questions relating to assessments referred to in

section 97, (

b) to hear and determine whether to grant interim relief while a matter is under appeal, and (

c) to carry out a review referred to in subsection (7.1).

(2.3) When an appeals commissioner sits alone under subsection (2.2), the appeals commissioner is deemed to be the Appeals Commission for the purposes of this Act.

(2.4) Interim relief may only be granted in accordance with policies established by the Board, which must be publicly available.

(3) The Appeals Commission may make rules governing the practice and procedure applicable to proceedings before it.

(4) The Regulations Act does not apply to rules made under subsection (3).

(5) The Appeals Commission has the same powers as the Court of King’s Bench for compelling the attendance of witnesses and examining them under oath and for compelling the production and inspection of books, papers, documents and things.

(6) The Appeals Commission may cause depositions of witnesses residing in or outside Alberta to be taken before any person appointed by the Appeals Commission in a manner similar to that prescribed by the Alberta Rules of Court.

(7) The Appeals Commission, at its discretion on the application of a person with a direct interest in the matter, or on its own motion, may reconsider any matter that it has dealt with and may confirm, rescind or amend any decision or order previously made by it. (7.1) to

(7.3) Repealed 2020 c32 s3(8).

(8) Repealed 2017 c25 Sched.2 s11.

(9) No proceedings by or before the Appeals Commission shall be restrained by injunction, prohibition or other process or proceedings in any court or are removable by certiorari or otherwise into any court, nor shall any action be maintained or brought against the Appeals Commission or any member of the Appeals Commission in respect of any act done or decision made in the honest belief that it was within the jurisdiction of the Appeals Commission.

RSA 2000

Section 13.2

Chapter W-15 WORKERS’ COMPENSATION ACT 22

(10) If the evidence in support of the opposite sides of an issue related to a claim for compensation is approximately equal, the issue shall be resolved in favour of the worker. RSA 2000 cW-15 s12;2002 c27 s7;2017 c25 Sched. 2 s11; 2020 c32 s3(8);AR 217/2022 Appeals 13.2(1) A person who has a direct interest in and is dissatisfied with (

a) a decision of a review body under

section 9.4, or (

b) repealed 2020 c32 s3(9), (

c) a determination of the Board under

section 21(3) may, in accordance with this section, the regulations and the Appeals Commission’s rules, appeal the decision or determination to the Appeals Commission.

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

a) if the appeal is from a decision 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 decision 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. (3),

(4) Repealed 2020 c32 s3(9).

(5) Where a decision or determination is appealed, the Board shall provide to the Appeals Commission (

a) the records and information, including personal information, relating to the claim or matter that is under appeal that are in the possession of the Board or the review body, and (

b) the written reasons for the decision or determination.

(5.1) For the purpose of subsection (5), the Appeals Commission is authorized to collect and use the records and information referred to in subsection (5).

RSA 2000

Section 13.2

Chapter W-15 WORKERS’ COMPENSATION ACT 23

(5.2) The Board may enter into an agreement with the Appeals Commission respecting the manner in which the records, information and reasons required to be provided under subsection (5) are to be provided to the Appeals Commission, including by electronic means.

(6) In the hearing of an appeal under this section, the Appeals Commission (

a) shall give all persons with a direct interest in the matter under appeal an opportunity to be heard and to present any new or additional evidence, (

b) is bound by the board of directors’ policy relating to the matter under appeal, (

c) shall, subject to subsection (6.1), permit the Board to make representations, in the form and manner that the Appeals Commission directs, as to the proper application of policy determined by the board of directors or of the provisions of this Act or the regulations that are applicable to the matter under appeal, (

d) may confirm, reverse or vary the decision or determination appealed, (

e) may direct that its decision be implemented within a specified time period, and (

f) may refer any matter back to the review body or the Board, as the case may be, for further action or decision, with or without directions.

(6.1) The Board may make representations under subsection (6)(

c) if it has submitted to the Appeals Commission a notice of intention to attend the hearing, which notice must include a description of the reasons for attending.

(6.2) A notice of intention under subsection (6.1) must be provided by the Appeals Commission to the parties described in subsection (6)(

a) who have notified the Appeals Commission of their intention to participate in the hearing.

(6.3) The Appeals Commission shall determine all matters and questions arising under this Act and the regulations in respect of it having regard to the substance of the matters in dispute and the merit of the positions of the parties, in a manner consistent with the provisions of this Act, the regulations and workers’ compensation principles.

RSA 2000

Section 13.3

Chapter W-15 WORKERS’ COMPENSATION ACT 24

(7) At the request of an affected person or the Board, the Appeals Commission may clarify any directions given in respect of a decision.

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

section 9.4 unless a written notice of appeal that complies with the regulations is received within one year from the date that the appropriate review body made its decision.

(9) Notwithstanding subsection (8), if the chief appeals commissioner, or the appeals commissioner to whom the chief appeals commissioner delegates the chief appeals commissioner’s duties, considers there is a justifiable reason for a delay, that commissioner may extend, with or without conditions, the deadline set out in subsection (8).

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

(11) At any stage of the proceedings before it, the Appeals Commission may by application state in the form of a special case for the opinion of the Court of King’s Bench any question of law or jurisdiction arising in the course of the proceedings, and may adjourn the proceedings for that purpose.

(12) The Appeals Commission shall publish on its website copies of its decisions. RSA 2000 cW-15 s13;2002 c27 s7;2009 c53 s189;2014 c18 s4; 2017 c25 Sched. 2 s12;2020 c32 s3(9);AR 217/2022 Board is bound by decision 13.3(1) The Board is bound by a decision of the Appeals Commission and by any decision rendered on an appeal or review of a decision of the Appeals Commission.

(2) The Board shall implement a decision referred to in subsection (1) (

a) within the time prescr ibed in the decision, or (

b) if no time is prescribed in the decision, then as soon as is practicable and, in any event, not later than 30 days after being notified of the decision. 2002 c27 s7 Appeal 13.4(1) The Board and any person who has a direct interest in a decision of the Appeals Commission made pursuant to

section 13.2 may appeal the decision to the Court of King’s Bench on a question of law or jurisdiction.

RSA 2000

Section 13.4

Chapter W-15 WORKERS’ COMPENSATION ACT 25

(2) An appeal must be commenced by application.

(3) An application must include a concise statement of (

a) the grounds on which the decision is being appealed, and (

b) the nature of the relief claimed.

(4) An application must be filed with the Court and served on the Appeals Commission and the other parties to the appeal, all within 6 months after the date of the decision that is being appealed.

(5) The Court may not enlarge the time period referred to in subsection (4).

(6) Where the appellant is a person other than the Board, the appellant must also serve a copy of the application on the Board.

(7) On being served with an application the Appeals Commission shall forthwith forward to the clerk of the Court (

a) the record of the pro ceedings before the Appeals Commission, which consists of (

i) the notice of appeal or other document that initiated the appeal before the Appeals Commission, (ii) all documents forwarded to the Appeals Commission under

section 13.2(5) that were considered by the Appeals Commission in reaching its decision, (iii) the evidence and all exhibits and other documents received by the Appeals Commission, and (iv) the decision of the Ap peals Commission, with reasons, and (

b) a certificate stating that the record is true and complete.

(8) The Court may receive any further evidence that the Court considers is necessary in order to determine a question of law or jurisdiction.

(9) The Court may stay the operation of the decision being appealed until final disposition of the appeal.

(10) The Court may direct that any person be added or struck as a party and that the application be served on any other person that the Court considers appropriate.

RSA 2000

Section 13.5

Chapter W-15 WORKERS’ COMPENSATION ACT 26

(11) On the hearing of the appeal the Court may (

a) confirm or set aside th e decision of the Appeals Commission or any part of it, and (

b) where it sets aside the decisi on, refer the matter back to the Appeals Commission for reconsideration in accordance with any directions the Court considers appropriate.

(12) If the Court finds that the only ground for appeal that is proven is a defect in form or a technical irregularity, and that no substantial wrong or miscarriage of justice has occurred, it may deny the appeal and confirm the decision of the Appeals Commission notwithstanding the defect or irregularity, and may order that the decision takes effect from the time and on the terms that the Court considers proper.

(13) The Court may make any award as to the costs of the appeal that it considers appropriate.

(14) An appeal from a decision of the Court under this

section lies to the Court of Appeal. 2002 c27 s7;2009 c53 s189;AR 217/2022 Consensual resolution process privileged 13.5 Where, in the course of an appeal before the Appeals Commission, the Appeals Commission conducts a consensual resolution process, no oral or written statement made and no documents provided as part of the process may be admitted in evidence in any other proceeding before the Appeals Commission or any other tribunal or court without the consent of the person who made the statement or provided the document. 2002 c27 s7 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 powers and carry out any other functions provided for in the regulations. 2020 c32 s3(10)

RSA 2000

Section 14

Chapter W-15 WORKERS’ COMPENSATION ACT 27

Part 3 Jurisdiction of Board Application of Act 14(1) This Act applies to all employers and workers in all industries in Alberta except the employers and workers in the industries designated by the regulations as being exempt.

(2) Notwithstanding subsection (1), an employer in an industry exempted under the regulations may apply to the Board for an order declaring that the Act applies to workers in the employer’s employment in that industry.

(3) The Board may, on the terms and conditions it considers appropriate, by order declare that this Act applies to the following classes of persons: (

a) persons temporarily employed in preventing, combatting or alleviating the effects of any emergency or disaster whether or not remuneration is paid for that employment; (

b) persons who are engaged on a voluntary basis as firemen, ambulance drivers, ambulance attendants or in a similar activity undertaken in the public interest whether or not remuneration is paid for that activity.

(4) For the purposes of subsection (3), “disaster” and “emergency” have the meanings assigned them in the Emergency Management Act.

(5) The Board may, on application by an employer or prospective employer proposing to engage persons in any volunteer activity in which the remuneration, if any, is nominal, order that those persons are deemed to be workers to whom this Act applies. RSA 2000 cW-15 s14;2007 c12 s13 Application to have Act apply 15(1) Subject to

section 16, an employer, a partner in a partnership, a proprietor and a director of a corporation are not workers for the purposes of this Act unless they apply to the Board in accordance with the regulations to have the Act apply to them as workers and the Board approves the application. (2),

(3) Repealed 2002 c27 s8.

(4) If approval of an application under this

section is delayed by inadvertence of the Board, the Board may make its approval effective from the date the application would otherwise have been approved.

RSA 2000

Section 16

Chapter W-15 WORKERS’ COMPENSATION ACT 28

(5) The Board may at any time revoke an approval given under this

section and, on the revocation, the person referred to in the revocation ceases to be a worker to whom this Act applies as of the effective date of the revocation. RSA 2000 cW-15 s15;2002 c27 s8 Persons deemed workers 16(1) Where an individual performs any work for any other person in an industry to which this Act applies, that individual is deemed to be a worker of the other person, except when the individual (

a) is performing the work as the worker of another employer, (

b) is an employer and is performing the work as part of the business of the employer, whether by way of manual labour or otherwise, (

c) is a director of a corporatio n and is performing the work as part of the business of the corporation, whether by way of manual labour or otherwise, (

d) is a partner in a partnership who is a worker under

section 15(1) and is performing the work as part of the business of the partnership, whether by way of manual labour or otherwise, in the industry for which coverage has been approved, or (

e) is a proprietor who is a wo rker under

section 15(1) and is performing the work as part of the business of the proprietorship, whether by way of manual labour or otherwise, in the industry for which coverage has been approved.

(2) Notwithstanding anything in this Act, the Board may, in its discretion or on the application of any interested party, by order deem any person or class of persons who have performed or are performing work for or for the benefit of another person to be workers of that other person for the purposes of this Act for the period or periods of time that the work was or is performed. RSA 2000 cW-15 s16;2002 c27 s9 Jurisdiction of Board 17(1) Subject to

section 13.1, the Board has exclusive jurisdiction to examine, inquire into, hear and determine all matters and questions arising under this Act or the regulations and the action or decision of the Board on such matters and questions is final and conclusive, and is not open to question or review in any court.

RSA 2000

Section 18

Chapter W-15 WORKERS’ COMPENSATION ACT 29

(2) No proceedings by or before the Board shall be restrained by injunction, prohibition or other process or proceedings in any court or are removable by certiorari or otherwise into any court, nor shall any action be maintained or brought against the Board, any employee or officer of the Board or any member of the board of directors in respect of any act or decision done or made in the honest belief that it was within the jurisdiction of the Board.

(3) The Board has authority to reconsider any matter that it has dealt with and to rescind or amend any decision or order previously made by it.

(4) Each matter shall be decided on the merits and justice of the case and the Board is not bound to follow any previous decision or ruling of the Board as a precedent in reaching its decisions or making its rulings.

(4.1) If the evidence in support of the opposite sides of an issue related to a claim for compensation is approximately equal, the issue shall be resolved in favour of the worker.

(5) The Board has the same powers as the Court of King’s Bench for compelling the attendance of witnesses and of examining them under oath and compelling the production and inspection of books, papers, documents and things.

(6) The Board may cause depositions of witnesses residing in or outside Alberta to be taken before any person appointed by the Board in a manner similar to that prescribed by the Alberta Rules of Court. RSA 2000 cW-15 s17;2002 c27 s10;2005 c48 s2; 2017 c25 Sched.2 s13;AR 217/2022 Investigation by Board 18(1) In this section, “employer” includes a person who the Board considers might be an employer.

(2) The Board or a person authorized in writing by the Board for the purpose may on its or the authorized person’s own initiative or on complaint of a person interested, investigate any matter concerning the due administration of this Act.

(3) For the purposes of an investigation under subsection (2), the Board or authorized person (

a) may inquire into and examine (

i) the business affairs of an employer involved in the matter under investigation,

RSA 2000

Section 18

Chapter W-15 WORKERS’ COMPENSATION ACT 30 (ii) the books, files, papers, documents, correspondence, records or other things in relation to or connected with an employer involved in the matter under investigation as they relate to the subject-matter of the investigation, and may give to the employer or the employer’s agent notice in writing requiring the employer to bring and produce before the Board or authorized person at a place and time stated in the notice, which time shall be at least 10 days after the giving of the notice, all books, files, papers, documents, correspondence, records and other things in the employer’s custody, possession or control that are relevant to the matter under investigation, (

b) may take possession of, examine and remove and take extracts from or obtain reproduced copies of any of the things referred to in clause (a), and (

c) may enter, inspect and examine at all reasonable times any premises or other place, other than a private dwelling, in which an employer carries on business.

(4) If a person (

a) fails to comply with a notice under subsection (3)(a), or (

b) refuses to permit a person conducting an investigation to enter, inspect and examine a premises or place in accordance with subsection (3)(c), the person making the investigation may apply to the Court of King’s Bench and the Court may make any order it considers necessary requiring the person to comply with the notice or permit the entry, inspection or examination.

(5) A copy of the application, and each affidavit in support, shall be served not less than 3 days before the date named in the notice for hearing the application.

(6) A person who, pursuant to subsection (3)(b), removes any of the things permitted by that subsection to be removed shall (

a) give to the person from whom the things were taken a receipt for the things taken, and (

b) forthwith make copies of, take photographs of or otherwise record the things removed and forthwith return them to the person to whom the receipt was given under clause (a). RSA 2000 cW-15 s18;2009 c53 s189;AR 217/2022

RSA 2000

Section 19

Chapter W-15 WORKERS’ COMPENSATION ACT 31 Prohibition 19(1) A person shall (

a) make prompt and explicit answers to an inquiry made under

section 18(3)(a), and (

b) comply with a notice given under

section 18(3)(a).

(2) No person shall (

a) prohibit or interfere with the examination or removal of anything under

section 18(3), or (

b) otherwise obstruct, hinder or interfere with the Board, or a person acting on its behalf, in the making of an investigation under

section 18. RSA 2000 cW-15 s19;2002 c27 s11 General powers on investigation 20 For the purposes of conducting an investigation under this Act, the Board or other person conducting the investigation has all the powers, privileges and immunities of a commissioner appointed under the Public Inquiries Act. 1981 cW-16 s15 Compensation in place of action 21(1) No action lies for the recovery of compensation under this Act and all claims for compensation shall be determined by the Board.

(2) This Act and the regulations apply instead of all rights and causes of action, statutory or otherwise, to which a worker, the worker’s legal personal representatives or the worker’s dependants are or might become entitled against the employer of the worker by reason of any accident happening to the worker, and no action in respect of that accident lies against the employer.

(3) Any party to an action may, on notice to the other parties, apply to the Board for determination of whether a worker who is a party to the action is entitled to compensation under this Act and the regulations. 1981 cW-16 s16 Action vests in the Board 22(1) In this

section and

section 22.1, (a) “action” means a cause of action and all rights of recovery of a claimant, whether inside or outside Alberta, against any person or persons, in respect of or arising out of the personal injury to or the death of a worker;

RSA 2000

Section 22

Chapter W-15 WORKERS’ COMPENSATION ACT 32 (b) “claimant” means a worker , a worker’s legal personal representative or a worker’s dependants; (c) “compensation costs” means th e present and future costs, as determined by the Board, of all benefits paid or payable to or on behalf of a claimant under this Act including, without limitation, all disability, medical aid and vocational rehabilitation benefits.

(2) This

section (

a) applies to accidents that occur on or after the date this

section comes into force; (

b) does not apply in respect of an action that the Board has divested itself of under

section 22.1.

(3) Notwithstanding any other Act, if an accident happens to a worker entitling a claimant to compensation under this Act, any action of the claimant in respect of that accident vests in the Board.

(4) Nothing in subsection (3) shall be construed so as to affect the operation of

section 13(

b) of the Motor Vehicle Accident Claims Act.

(5) Where an action vests in the Board under subsection (3), (

a) the Board (

i) may bring the action in the name of the claimant for the entire value of the action including, without limitation, all compensation costs, (ii) has the same right to recover any amounts in the action that the claimant would have been entitled to recover, including the compensation costs as if the claimant had been required to pay the compensation costs, (iii) has the same right to purs ue all of the same claims for losses and damages in the action as the claimant would have had but for the vesting of the action in the Board, whether or not those claims or damages have been accepted by the Board, in whole or in part, in the adjudication of the compensation claim, (iv) has control of the action including, without limitation, (

A) determining whether or not to bring the action,

RSA 2000

Section 22

Chapter W-15 WORKERS’ COMPENSATION ACT 33 (

B) compromising and effecting a settlement of the action at any time for any amount it considers advisable, (

C) fully or partially releasing any party from liability, and (

D) retaining and instructing counsel of its choice, including counsel employed by the Board, to bring the action, a n d (

v) may enter evidence by way of a certificate issued under

section 149, and (

b) the court, in hearing the ac tion, may consider any evidence that the Board gathered in its adjudication of the claimant’s compensation claim.

(6) No decision made or required to be made by the Board under this

section shall be construed as placing the Board in a conflict of interest in respect of a decision made or required to be made by the Board under any other

section of this Act, nor shall the pursuit of an action under this

section by the Board be construed as placing the Board in a fiduciary relationship with the claimant.

(7) Notwithstanding anything to the contrary in this section, no legal fees are payable by the Board to counsel retained by a claimant in respect of an action to which the Motor Vehicle Accident Claims Act applies.

(8) No settlement may be made and no payment shall be made to any person other than the Board or its designate for or in respect of any action except with the approval of the Board, and any release, payment or settlement made in contravention of this subsection is void.

(9) The claimant shall not adversely affect the conduct of an action and shall co-operate fully with the Board in bringing an action or any appeal of an action including, without limitation, by (

a) securing and providing any or all information or evidence, (

b) attending at any or all meetings, mediations, arbitrations, questionings under

Part 5 of the Alberta Rules of Court, medical examinations, including independent medical examinations, and the trial of the action, and

RSA 2000

Section 22

Chapter W-15 WORKERS’ COMPENSATION ACT 34 (

c) providing and executing any or all documents required by the Board to bring the action, including endorsing an assignment or release of the action and providing consents to secure information, in the form and manner prescribed by the Board, in favour of the Board, as and when required by the Board.

(10) If a claimant does not comply with subsection (9), the Board may suspend the payment of periodic compensation to the claimant during the period of non-compliance.

(11) All proceeds of settlement or judgment resulting from an action, including any costs and disbursements recovered, shall be paid to the Board or its designate and shall be distributed in the following order: (

a) payment of any costs awarded against the claimant; (

b) payment of disbursements approved or incurred by the Board; (

c) if the claimant has complied with subsection (9), payment of 25% of the remaining amount to the claimant; (

d) where the Board retained counsel to bring the action, payment of legal fees from the proceeds of the action in an amount prescribed by the regulations unless the Board determines that that amount is insufficient, in which case the Board may increase the amount; (

e) where the action was pursue d by counsel employed by the Board, payment of an administration fee as determined by the Board; (

f) payment of any compensation costs; (

g) payment of the balance, if any, to the claimant.

(12) The Board shall set off any amount due to the Board by a claimant against any payment under subsection (11)(

c) or (

g) or both.

(13) Where future compensation costs are incurred by the Board in addition to the compensation costs recovered under subsection (11)(

f) and a payment is made to the claimant under subsection (11)(g), the amount of the payment is deemed to be an advance of any future benefits determined to be payable under

Part 4, including benefits relating to periods of time prior to the date of

RSA 2000

Section 22.1

Chapter W-15 WORKERS’ COMPENSATION ACT 35 settlement or judgment, and shall be set off against any of those future benefits.

(14) No employer shall, directly or indirectly, by agreement, threats, promises or persuasion or by any other means, discourage or impede a worker of the employer, or the worker’s dependant, from participating in or co-operating with the Board in pursuing an action under this section. RSA 2000 cW-15 s22;2005 c48 s3;2009 c53 s189 Divested action 22.1(1) If the Board determines that it is not in the best interests of the Accident Fund or the workers’ compensation system to bring an action under

section 22, the Board may divest itself of the action and assign it in writing to the claimant, in which event the claimant may bring the action.

(2) After an action is divested under subsection (1), the Board is not liable for the payment of any legal or other costs or damages, or entitled to recover any amount, in connection with the claimant’s pursuit of the action. 2005 c48 s4 Circumstances removing cause of action 23(1) If an accident happens to a worker entitling the worker or the worker’s dependants to compensation under this Act, neither the worker, the worker’s legal personal representatives, the worker’s dependants nor the worker’s employer has any cause of action in respect of or arising out of the personal injury suffered by or the death of the worker as a result of the accident (

a) against any employer, or (

b) against any worker of an employer, in an industry to which this Act applies when the conduct of that employer or worker that caused or contributed to the injury arose out of and in the course of employment in an industry to which this Act applies.

(2) In an action to which

section 22 applies, a defendant may not bring third party or other proceedings against any employer or worker whom the plaintiff may not, by reason of this

section bring an action against, but if the court is of the opinion that that employer or worker, by that employer’s or worker’s fault or negligence, contributed to the damage or loss of the plaintiff, it shall hold the defendant liable only for that portion of the damage or loss occasioned by the defendant’s own fault or negligence. RSA 2000 cW-15 s23;2005 c48 s5

RSA 2000

Section 23.1

Chapter W-15 WORKERS’ COMPENSATION ACT 36

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. 2020 c32 s3(11) 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 in which a worker, dependant or employer is or may be aggrieved. 2020 c32 s3(11)

Part 4 Compensation Entitlement, Application and Payment Eligibility for compensation 24(1) Subject to this Act, compensation under this Act is payable (

a) to a worker who suffers pe rsonal injury by an accident, unless the injury is attributable primarily to the serious and wilful misconduct of the worker, and (

b) to the dependants of a worker who dies as a result of an accident.

(2) The Board shall pay compensation under this Act to a worker who is seriously disabled as a result of an accident notwithstanding that the injury is attributable primarily to the serious and wilful misconduct of the worker.

(3) If a worker is found dead at a place where the worker had a right, during the course of the worker’s employment, to be, it is presumed that the worker’s death was the result of personal injury

RSA 2000

Section 24.1

Chapter W-15 WORKERS’ COMPENSATION ACT 37 by accident arising out of and during the course of the worker’s employment, unless the contrary is shown.

(4) If the personal injury or death of a worker arose out of the employment, unless the contrary is shown, it is presumed that it occurred during the course of the employment, and if the personal injury or death of a worker occurred during the course of the employment, unless the contrary is shown, it is presumed that it arose out of the employment.

(5) If a worker is required as a condition of the worker’s employment to attend any classes or take any course of instruction, the classes or course of instruction are, for the purposes of this Act, deemed to be part of the worker’s employment.

(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.

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

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. RSA 2000 cW-15 s24;2002 c27 s12;2017 c25 Sched. 2 s15; 2020 c32 c3(12);2023 c5 s15 Presumption re firefighters 24.1(1) In this section, (a) “full-time firefighter” mean s an employee, including an officer and a technician, employed by a municipality or Metis settlement and assigned exclusively to fire protection and fire prevention duties notwithstanding that those duties may include the performance of ambulance or rescue services;

RSA 2000

Section 24.1

Chapter W-15 WORKERS’ COMPENSATION ACT 38 (b) “municipality” means a municipality as defined in the Municipal Government Act; (b.1) “paramedic” means a paramedic as defined in

section 24.2; (c) “part-time firefighter” me ans a casual, volunteer or part-time member of a fire protection service of a municipality or Metis settlement.

(2) If a worker who is or has been a full-time firefighter or part-time firefighter suffers an injury that is a primary site cancer of a type specified in the regulations, the injury shall be presumed to be an occupational disease, the dominant cause of which is the employment as a full-time firefighter or part-time firefighter, unless the contrary is proven.

(3) Subject to subsection (3.1), the presumption in subsection (2) applies only to a worker who has been a full-time firefighter or part-time firefighter for a minimum period prescribed by the Lieutenant Governor in Council by regulation and who has been regularly exposed to the hazards of a fire scene, other than a forest- fire scene, throughout that period. (3.1) Subsection (3) does not apply to a full-time firefighter or part-time firefighter exposed to the hazards of a fire scene, other than a forest-fire scene, in Fort McMurray or any other area in Alberta within the area of the Horse River wildfire in the period beginning on May 1, 2016, and ending on June 1, 2016.

(4) The Lieutenant Governor in Council shall make regulations (

a) designating primary site cancers to which the presumption in subsection (2) applies; (

b) prescribing periods of employment for the purpose of subsection (3) which may be different for the different diseases designated under clause (a). (5) and

(6) Repealed 2011 c17 s2.

(7) If a worker who is a full-time firefighter or part-time firefighter suffers a myocardial infarction within 24 hours after being dispatched or attending at an emergency response, whichever is later, the myocardial infarction shall be presumed to have arisen out of and occurred during the course of employment as a full-time firefighter or part-time firefighter unless the contrary is proven.

(7.1) If a worker who is a paramedic suffers a myocardial infarction within 24 hours after being dispatched or attending at an emergency response, whichever is later, the myocardial infarction

RSA 2000

Section 24.2

Chapter W-15 WORKERS’ COMPENSATION ACT 39 shall be presumed to have arisen out of and occurred during the course of employment as a paramedic unless the contrary is proven. 2003 c10 s2;2005 c49 s2;2011 c17 s2;2017 c25 Sched. 2 s16; 2023 c5 s15 PTSD presumptions 24.2(1) In this section, (a) “correctional officer” means a peace officer referred to in

section 10 of the Corrections Act; (b) “emergency dispatcher” means an emergency dispatcher for a first responder; (c) “firefighter” means a full-time firefighter or part-time firefighter as defined in

section 24.1; (d) “first responder” means a firefighter, paramedic, peace officer or police officer; (e) “paramedic” means an i ndividual who is a regulated member of the Alberta College of Paramedics under the Health Professions Act and who holds a practice permit issued under that Act; (f) “peace officer” means an in dividual appointed as a peace officer under

section 7 of the Peace Officer Act who is authorized by that appointment to use the title “Sheriff”; (g) “physician” means an indivi dual who is a regulated member of the College of Physicians and Surgeons of Alberta under the Health Professions Act authorized to use the title “physician” and who holds a practice permit that allows for unsupervised practice issued under that Act, or an individual who has a similar status under similar legislation in Canada; (h) “police officer” means an individual appointed as a police officer under

section 5, 33.6 or 36 of the Police Act or as a chief of police under

section 33.5 or 36 of the Police Act; (i) “post-traumatic stress disord er” means Posttraumatic Stress Disorder as that condition is described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; (j) “psychological injury” mean s any psychological disorder or condition that meets the diagnostic criteria for a disease or condition that is described in the most recent edition of the

RSA 2000

Section 24.3

Chapter W-15 WORKERS’ COMPENSATION ACT 40 Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; (k) “psychologist” means an individual who is a regulated member of the College of Alberta Psychologists and who holds a practice permit issued under the Health Professions Act, or an individual who has a similar status under similar legislation in Canada.

(2) If a first responder, correctional officer, emergency dispatcher or a member of 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 first responder, correctional officer, emergency dispatcher or member of any other class of worker prescribed by the regulations (

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 with 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.

(4) The Board shall (

a) assist a worker who is diagnosed with a psychological injury in obtaining, or (

b) provide to the worker treatment by culturally competent clinicians who are familiar with the research concerning treatment for psychological injuries. 2012 c8 s2;2016 c9 s30;2017 c25 Sched. 2 s17;2020 c32 s3(13); 2025 c18 s9 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. 2017 c25 Sched. 2 s18;2020 c32 s3(14)

RSA 2000

Section 25

Chapter W-15 WORKERS’ COMPENSATION ACT 41 Payment of compensation 25(1) If an accident disables a worker for all or part of the day of the accident, (

a) the employer shall, by the end of the next regularly scheduled pay period after that day, pay compensation to the worker for that day in an amount equal to the minimum normal net wage the worker would have received for that day if the worker had not been disabled and had been available for work in the normal course, and (

b) the Board is not responsible for providing compensation to the worker, other than medical aid, for that day.

(2) If an accident disables a worker for longer than the day of the accident, (

a) the employer shall pay compensation to the worker in respect of the day of the accident in accordance with subsection (1)(a), and (

b) the Board shall pay compensation to the worker in respect of every day after the day of the accident to which the worker is entitled under this Act to receive that compensation, excluding any day on which the worker would not have worked in the normal course of the worker’s employment, or for which the worker would not have been paid.

(3) An employer may refuse to make a payment under subsection (1)(

a) or (2)(

a) until the worker provides to the employer a report from a physician of the worker’s choice stating that the injury resulting from the accident was the cause of the consequent absence of the worker from work.

(4) No employer shall deduct sick pay entitlement or otherwise reduce the usual benefits to which the worker is entitled by reason of the employer having to make a payment under subsection (1)(

a) or (2)(a).

(5) If an employer contravenes subsection (1)(

a) or (2)(a), the Board (

a) may pay to the worker the amount due under that subsection, and in that case the employer is liable to repay to the Board the amount so paid, and

RSA 2000

Section 26

Chapter W-15 WORKERS’ COMPENSATION ACT 42 (

b) may impose a fee of not more than $100 on the employer each time the Board makes a payment under clause (a). 1981 cW-16 s20;1981 c62 s6 Time limit for claims 26(1) Subject to subsection (2), the Board shall not pay compensation (

a) to a worker un less the worker reports the accident to the Board within 24 months after the date of the accident or the date on which the worker becomes aware of the accident, or (

b) to a dependant unless the dependant reports the accident to the Board within 24 months after the date of the death of the worker.

(2) If a worker or dependant does not report an accident within the time prescribed by subsection (1), the Board may nevertheless pay compensation if it is satisfied that there are reasonable and justifiable grounds for the accident’s not being reported within the prescribed time or that the claim is a just claim and should be allowed despite the failure to report within the prescribed time.

RSA 2000 cW-15 s26;2002 c27 s13 Intervention by Lieutenant Governor in Council 27 Notwithstanding anything in this Act, if, after considering the report and recommendations of the Ombudsman, the Lieutenant Governor in Council is of the opinion that an injustice or hardship to a worker has resulted or will result, the Lieutenant Governor in Council may direct the Board (

a) to pay to the worker from the Accident Fund an amount that the Lieutenant Governor in Council considers appropriate, or (

b) to refer the matter to the Court of King’s Bench for an assessment of damages and to pay to the worker from the Accident Fund the amount of any damages so assessed. RSA 2000 cW-15 s27;AR 217/2022 Out-of-province accidents 28(1) If an accident happens while the worker is employed out of Alberta, the worker or the worker’s dependants are entitled to compensation under this Act if (

a) the worker (

i) is a resident of Alberta, or

RSA 2000

Section 28

Chapter W-15 WORKERS’ COMPENSATION ACT 43 (ii) has his or her usual place of employment in Alberta and the work out of Alberta is a continuation of the employment by the same employer or an employer that is related to that employer within the meaning of

section 134, (

b) the nature of the employment is such that, in the normal course of the employment, the work or service the worker performs is required to be performed both in and out of Alberta, and (

c) subject to subsection (2), the employment out of Alberta has lasted less than 12 continuous months.

(2) The Board may, on application by an employer and subject to any terms it considers appropriate, (

a) waive any of the requirements of subsection (1)(

a) and (b), and (

b) extend the period referred to in subsection (1)(c).

(3) If, by the law of the jurisdiction in which the accident happens, the worker or the worker’s dependants are entitled to compensation or some other remedy in respect of the accident, the worker or dependants shall elect (

a) to claim compensation or the other remedy under the law of the other jurisdiction, or (

b) to claim compensation under this Act, and shall give notice of that election to the Board under subsection (4), but if there is in existence an agreement under

section 29, the right of election is subject to the terms of that agreement.

(4) Subject to subsection (5), notice of election shall be given to the Board (

a) by the worker within 30 days after the happening of the accident, or (

b) if the accident results in d eath, by a dependant within 30 days after the death, and if notice of election is not given in accordance with this subsection, the worker or dependant is deemed to have elected not to claim compensation under this Act.

RSA 2000

Section 29

Chapter W-15 WORKERS’ COMPENSATION ACT 44

(5) The Board may, on application either before or after the expiration of the 30-day period referred to in subsection (4), extend that period.

(6) If a worker or dependant elects under subsection (3) to claim compensation under this Act and at any time claims compensation or some other remedy under the law of another jurisdiction in respect of the same accident, the worker or dependant is deemed to have forfeited all rights to compensation under this Act in respect of that accident, and any money paid to the worker or dependant or on the worker’s or dependant’s behalf by the Board in respect of it constitutes a debt due from the worker or dependant to the Board.

(7) Repealed 2005 c48 s6.

(8) Notwithstanding subsection (6), if a worker or dependant, before claiming compensation under this Act, and in ignorance of the worker’s or dependant’s rights or the extent of the worker’s or dependant’s rights under this Act, claims compensation under the law of the other jurisdiction where the accident happened and is found to be not entitled to compensation, the worker or dependant is deemed not to have forfeited the worker’s or dependant’s rights under this Act by reason only of making that claim.

RSA 2000 cW-15 s28;2002 c27 s14;2005 c48 s6 Agreements with other provinces or territories 29(1) The Board may enter into an agreement with the workers’ compensation board or similar body in another province or territory to provide for the payment of compensation for injuries to workers who are employed under conditions such that part of the work incidental to the employment is performed in Alberta and part of the work is performed in that other province or territory, in order to ensure that those workers or their dependants receive compensation either in conformity with this Act or in conformity with the Act in force in the other province or territory relating to workers’ compensation and to avoid a duplication of assessments.

(2) Payment out of the Accident Fund of money required to be paid pursuant to an agreement under subsection (1) may be made to the workers’ compensation board or other body with which the agreement has been made, and all money received by the Board pursuant to the agreement shall be paid by it into the Accident Fund. 1981 cW-16 s24 Cost sharing agreements 30(1) The Board may enter into an agreement with the Government of Canada or with the appropriate authority in any province or territory providing for the sharing of the costs of claims

RSA 2000

Section 32

Chapter W-15 WORKERS’ COMPENSATION ACT 45 in proportion to the exposure or estimated amount of exposure to probable causes of the injury giving rise to the claims encountered by the claimants within their respective jurisdictional areas.

(2) All money paid or received by the Board pursuant to any agreement under subsection (1) shall be paid out of or into the Accident Fund, as the case may be, by the Board. 1981 cW-16 s25 31 Repealed 2005 c48 s7. Notice by worker 32(1) If a worker (

a) suffers personal injury by an accident, or (

b) regardless of whether the worker is injured, is, as a result of an accident, entitled to medical aid under

Part 5, the worker shall give notice of the accident as provided in subsection (2).

(2) If subsection (1) applies, the worker shall, as soon as practicable after the accident, give notice of the accident in accordance with the regulations (

a) to the employer, and (

b) to the Board, if the injury disables or is likely to disable the worker for more than the day of the accident.

(3) If a worker suffers an accident that results in the worker’s death, the worker’s dependant shall, as soon as practicable after the accident, give notice of the accident in accordance with the regulations to the employer and to the Board.

(4) Repealed 2002 c27 s15. RSA 2000 cW-15 s32;2002 c27 s15 Notice by employer 33(1) An employer who receives notice of an accident under

section 32 or otherwise acquires knowledge of an accident or of an allegation of an accident (

a) shall forthwith record the de tails of the accident as required by the regulations and forthwith provide a copy of that record to the worker,

RSA 2000

Section 34

Chapter W-15 WORKERS’ COMPENSATION ACT 46 (

b) shall, if the accident disables or is likely to disable the worker for more than the day of the accident, (

i) give notice of the accident to the Board within 72 hours after acquiring knowledge of the accident or the allegation, and at the same time give a copy of that notice to the worker, and (ii) if the employer acquires knowledge that the worker has returned to work or is able to return to work, give notice of that fact to the Board within 24 hours after the employer acquires knowledge of it, (

c) shall, if the accident is one to which

section 32(1)(

b) applies, except in those cases where only first aid, as determined by the Board, is rendered, give notice of the accident to the Board within 72 hours after the employer acquires knowledge of the accident or the allegation, and (

d) shall provide the Board with any other information it requires in connection with the accident.

(2) If an employer or a person who, in the opinion of the Board, is or might be an employer fails to (

a) provide any information as required by this section, or (

b) reply to the Board’s request for information within 30 calendar days after the date of that request, the Board may investigate the accident and may charge the costs of the investigation to the employer or other person. RSA 2000 cW-15 s33;2002 c27 s16 Report by physician 34(1) A physician who attends an injured worker shall (

a) forward a report to the Board (

i) within 2 days after the date of the physician’s first attendance on the worker if the physician considers that the injury to the worker will or is likely to disable the worker for more than the day of the accident or that it may cause complications that may contribute to disablement in the future, and (ii) at any time when requested by the Board to do so, (

b) advise the Board when, in the physician’s opinion, the worker will be or was able to return to work, either in the

RSA 2000

Section 35

Chapter W-15 WORKERS’ COMPENSATION ACT 47 physician’s report referred to in clause (a)(

i) or in a separate report forwarded to the Board not later than 3 days after the worker was, in the physician’s opinion, so able, and (

c) without charge to the worker, give all reasonable and necessary information, advice and assistance to the worker and the worker’s dependants in making a claim for compensation and in furnishing any certificates and proofs that are required in connection with the claim.

(2) The Board shall pay an attending physician fees prescribed by the regulations for a report under this section.

(3) Notwithstanding subsection (1), where an injured worker is attended to in a hospital or other treating agency, the Board may request that the hospital operator or treating agency provide it with a report and, on receiving that request, the hospital operator, administrator or person in charge of the treating agency shall ensure that the request is forthwith complied with.

(4) A report made or submitted to the Board under this Act by a physician, hospital operator or treating agency is for the use and purpose of the Board only, and is a privileged communication of the person making or submitting it and, unless it is proved that it was made maliciously, is not admissible in evidence or subject to production in any court in an action or proceeding against that person.

(5) Payment by the Board of an account for medical aid rendered to an injured worker does not of itself constitute the making of a claim for compensation by the worker or acceptance of a claim by the Board.

RSA 2000 cW-15 s34;2025 c10 s58 Progress report 35 On the written request of the employer of an injured worker, the Board shall provide the employer with a report of the progress being made by the worker. 1981 cW-16 s30 Board’s entitlement to information 36 The Board may require from any person entitled to compensation, whether a worker or dependant, particulars of that person’s place of residence, address and other information relative to the disability and compensation, that it considers necessary, and pending the receipt of those particulars the Board may withhold compensation payments. 1981 cW-16 s31

RSA 2000

Section 37

Chapter W-15 WORKERS’ COMPENSATION ACT 48 Inspection of records 37 A record required to be kept under the Occupational Health and Safety Act or the regulations under that Act to record cases in which first aid treatment is given to a worker for or in respect of any injuries suffered by the worker, is open to inspection by the Board or any member or representative of the Board and by the injured worker or that worker’s representative. 1981 cW-16 s32 Medical examination and investigation 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 Board, and the Board shall pay the costs of that examination.

(2) If a worker contravenes subsection (1) or in any way obstructs an examination, (

a) the worker’s right to compensation is suspended until the examination has taken place, and (

b) the worker’s condition as found by the examination is, unless the Board otherwise directs, deemed to have been the worker’s condition at the date for which the examination was called.

(3) If a worker claims compensation under this Act the Board, in order to assist it in determining the worker’s entitlement to compensation, may (

a) require that a medical investigation be conducted in respect of the worker in the manner it considers necessary, or (

b) accept the results of a medical investigation already conducted in respect of that worker, and, in either case, the Board may pay the costs of the investigation.

(4) While a medical investigation is being conducted under subsection (3), the Board may pay compensation to the worker notwithstanding that the worker’s entitlement to it has not yet been determined. RSA 2000 cW-15 s38;2017 c25 Sched. 2 s19; 2020 c32 s3(15)

RSA 2000

Section 39

Chapter W-15 WORKERS’ COMPENSATION ACT 49 Employer may require medical examinations 39(1) At the written request of the employer of a worker who claims compensation or to whom compensation is payable under this Act, the Board may require the worker to undergo a medical examination by a physician selected by the Board.

(2) If a worker fails to undergo or in any way obstructs the examination, the Board may suspend the worker’s right to compensation until the examination has taken place.

(3) A physician who makes an examination of a worker pursuant to this

section shall submit the physician’s report on the worker to the Board and to the worker on the worker’s request.

(4) The cost of the examination and the reasonable expenses of the worker in connection with the examination shall be borne by the employer and, if the employer fails to pay those expenses, the Board may pay the expenses and the employer is liable to pay the Board the amount so paid. 1981 cW-16 s34;1983 c32 s3;1984 c68 s10 Board may require autopsy 40 If the Board considers an autopsy to be necessary to assist in determining the cause of death of a worker, the Board may direct that the autopsy be conducted within a time fixed by the Board, and if the dependants of the worker refuse to permit the autopsy, the Board may reject any claim for compensation under this Act. 1981 cW-16 s35 Hospital authority must report death 41 If the death of a worker to whom this Act applies occurs while the worker is confined to a hospital, the hospital operator shall immediately report the death to the Board.

RSA 2000 cW-15 s41;2025 c10 s58 Application for compensation 42 An application for compensation under this Act shall be dealt with and determined in the first instance on behalf of the Board by a claims adjudicator employed by the Board. 1981 cW-16 s37 Evaluation of disability 43(1) If permanent disability results from an accident, the evaluation of the worker’s disability shall be made on behalf of the Board by one physician and one claims adjudicator employed by the Board.

RSA 2000

Section 44

Chapter W-15 WORKERS’ COMPENSATION ACT 50

(2) Permanent total disability shall be conclusively presumed in all cases in which the injuries suffered consist of or include any or all of the following: (

a) total and permanent loss of the sight of both eyes; (

b) the loss of both feet at or above the ankle; (

c) the loss of both hands at or above the wrist; (

d) the loss of one hand at or above the wrist and one foot at or above the ankle; (

e) an injury to the spine resulting in permanent and complete paralysis of both legs, both arms or one leg and one arm; (

f) an injury to the central nervous system resulting in mental incompetence that renders the worker incapable of being gainfully employed. 1981 cW-16 s38 Notice of decision 44 On the making of a determination as to the entitlement of a worker or the worker’s dependant to compensation under this Act, the employer and the worker or, in the case of the worker’s death, the worker’s dependant, shall, as soon as practicable, be advised in writing of the particulars of the determination, and shall, on request, be provided with a

summary of the reasons, including medical reasons, for the determination. 1981 cW-16 s39 45 to 46.1 Repealed 2020 c32 s3(16). Medical Panels Commissioner 46.2(1) The Lieutenant Governor in Council may appoint a Medical Panels Commissioner. (2),

(3) Repealed 2020 c32 s3(17).

(4) Subject to the Alberta Public Agencies Governance Act and any applicable regulations under that Act, the Medical Panels 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.

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

RSA 2000

Section 46.3

Chapter W-15 WORKERS’ COMPENSATION ACT 51

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

(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.

(8) Repealed 2020 c32 s3(17).

(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.

(10) Repealed 2020 c32 s3(17).

(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. 2017 c25 Sched. 2 s21;2020 c32 s3(17) Medical panels 46.3(1) Where it considers it appropriate to do so, the Board or the Appeals Commission may, in the course of evaluating a claim for compensation under this Act, request that a medical panel be established under this

section to deal with a medical issue relative to the claim.

(2) Where, in the Board’s or the Appeals Commission’s opinion, a difference of medical opinion arises in the course of the Board’s or Appeals Commission’s evaluation of a claim for compensation under this Act, the Board or the Appeals Commission, as the case may be, shall request that a medical panel be established to deal with the matter.

(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

RSA 2000

Section 46.3

Chapter W-15 WORKERS’ COMPENSATION ACT 52 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 9.4.

(4) The Appeals Commission shall request that a medical panel be established to deal with the matter referred to in the application if (

a) the requirement under subsection (3) is met, and (

b) in the Appeals Commission’s opinion, there is a difference of medical opinion.

(5) A request for the establishment of a medical panel shall be made to the Medical Panels Commissioner 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 Commissi oner is authorized to collect and use the records and information, and (

b) the Board and the Appeals Commission are authorized to disclose the records and information.

(7) Where the Medical Panels Commissioner receives a request for the establishment of a medical panel, the Medical Panels Commissioner shall, in accordance with the regulations, establish a medical panel to deal with the issue or matter that is the subject of the application.

(8) A person is not eligible to be a member of a medical panel unless the person is a regulated member of the College of Physicians and Surgeons of Alberta who holds a practice permit issued under the Health Professions Act or has a similar status under similar legislation in a jurisdiction outside Alberta.

(9) For the purposes of providing a report of its medical findings, the medical panel established under subsection (7) (

a) shall review the records and information received under subsection (5), (

b) if the worker has selected a physician to provide input and make representations on behalf of the worker before a medical panel pursuant to the regulations, shall arrange to receive the physician’s input and representations, and (

c) may

RSA 2000

Section 46.3

Chapter W-15 WORKERS’ COMPENSATION ACT 53 (

i) interview or examine the worker, (ii) invite a physician, including the worker’s treating physician, and any other health provider who holds a practice permit under the Health Professions Act whom the medical panel considers appropriate, to provide input, (iii) seek, or request the Medical Panels Commissioner to seek, advice or information relevant to the medical issue or matter from one or more of any of the following: (

A) physicians; (

B) medical specialists; (

C) health care providers who hold a practice permit under the Health Professions Act, a n d (iv) request the Medical Panels Commissioner to do one or both of the following: (

A) to arrange for any test s on or assessments of the worker; (

B) to compile medical information relevant to the medical issue or matter.

(10) For the purposes of this section, a difference of medical opinion arises where (

a) the medical issue is substantial and material to the claim, (

b) the physicians who provided the medical opinions are in possession of the same facts in respect of the medical issue, (

c) the physicians have reasonab ly similar qualifications or expertise in respect of the medical issue, and (

d) the medical opinions rela te to the same time frame and the Board is not able to resolve the outstanding medical issue through consultation with the physicians.

(11) Repealed 2020 c32 s3(18).

RSA 2000

Section 46.5

Chapter W-15 WORKERS’ COMPENSATION ACT 54

(12) The medical findings of a medical panel are binding on the Board, the Appeals Commission and all other persons with a direct interest in the claim.

(13) The medical findings of a medical panel are final and conclusive and not open to question or review in any court. 2017 c25 Sched. 2 s21;2020 c32 s3(18) 46.4 Repealed 2020 c32 s3(19). Regulations 46.5 The Lieutenant Governor in Council may make regulations (

a) respecting the powers, duties and functions of the Medical Panels Commissioner; (

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 Commissioner and a medical panel; (

c) respecting the appointment and removal of the members of a medical panel; (

d) respecting the remuneration and expenses to be paid to physicians who participate in proceedings before a medical panel and authorizing the Medical Panels Commissioner to determine the rates of the remuneration and expenses; (

e) respecting the duties of the members of a medical panel; (

f) respecting applications under

section 46.3; (

g) respecting the practice an d procedure applicable to proceedings before a medical panel; (h) - (

j) repealed 2020 c32 s3(20); (

k) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of sections 46.1 to 46.3. 2017 c25 Sched. 2 s21;2020 c32 s3(20) Commutation of periodic payments 47(1) The Board may commute to a lump sum periodic compensation payments to a worker or dependant, regardless of whether the accident that gave rise to the right to compensation occurred before or after the coming into force of this Act.

RSA 2000

Section 48

Chapter W-15 WORKERS’ COMPENSATION ACT 55

(2) The fact that the Board makes a lump sum payment to a worker or dependant in full settlement of the worker’s or dependant’s claim does not affect the worker’s or dependant’s right to compensation under Parts 5 and 6 or the Board’s right to alter the amount of compensation if a change in disability occurs.

(3) In the case of (

a) death or permanent total disability, or (

b) permanent partial disability resulting in greater than 25% impairment of the worker’s earning capacity immediately before the accident, the Board shall not commute any periodic compensation payments except with the agreement of the worker or dependant entitled to them.

(4) A lump sum payment made by the Board shall be computed on the basis of the rate of compensation being paid at the date the lump sum payment is approved by the Board. RSA 2000 cW-15 s47;2017 c25 Sched. 2 s22 Lump sum advance 48 The Board may, in any case in which in its opinion the interest or pressing need of the worker or dependant warrants it, advance or pay to the worker or dependant a lump sum that it considers appropriate, and any sum so advanced or paid shall be on account of and is chargeable against the compensation payable to the worker or dependant. 1981 cW-16 s43 Payments to spouse or adult interdependent partner or child 49 If the Board is satisfied (

a) that a spouse or adult interdependent partner or child dependent on the worker and residing in Alberta is without adequate means of support and is or is likely to become a charge on the Government or on the municipality where the spouse or adult interdependent partner or child resides or on private charity, or (

b) that a spouse or adult interdependent partner or child dependent on the worker and residing in or out of Alberta is not being supported by the worker and an order has been made against the worker by a court for support or maintenance of the spouse or adult interdependent partner or child or for alimony,

RSA 2000

Section 49.1

Chapter W-15 WORKERS’ COMPENSATION ACT 56 the Board may pay the compensation payable to the worker in whole or in part to the spouse or adult interdependent partner or child. RSA 2000 cW-15 s49;2002 cA-4.5 s81;2003 cF-4.5 s128 Payment to child 49.1 Where a dependent spouse or dependent adult interdependent partner receives or is entitled to receive a pension under

section 70 and there are dependent children of the deceased worker who resided with the worker at the time of the worker’s death but do not reside with that dependent spouse or dependent adult interdependent partner following the death of the worker, the Board may pay the pension in whole or in part to the children. 2003 c50 s2 Payment for person under disability 50 The Board may, instead of making a payment to the worker or dependant, pay the money to some other person for the benefit of the worker or dependant or direct that the payment be applied in a manner that it considers to be for the best advantage of the worker or dependant if it is satisfied that the worker or dependant is under the age of 18 years, that the worker or dependant suffers from some other disability or incapacity or that for some other reason the money should not be paid directly to the worker or dependant. 1981 cW-16 s45 Only one pension payable 51 If a person who is receiving or is entitled to receive a pension because of the death of a worker subsequently becomes entitled to a pension because of the death of another worker, that person shall not receive both pensions but shall be paid the greater of the 2 pensions. 1981 cW-16 s46 Worker leaving Alberta 52 If a worker who is entitled to compensation under this Act leaves Alberta and takes up residence in another jurisdiction, the Board may cease paying compensation under this Act to that worker unless (

a) the worker provides me dical evidence in a manner satisfactory to the Board confirming the continuation of the disablement and the Board is satisfied that the period of disablement is not prolonged by the worker leaving Alberta, or (

b) the worker has been granted an award for permanent disability arising out of the accident. 1981 cW-16 s47;1984 c68 s12

RSA 2000

Section 53

Chapter W-15 WORKERS’ COMPENSATION ACT 57 Compensation to dependants residing outside Canada 53 The Board may, in its discretion, pay compensation to a dependant who resides outside Alberta but no such dependant is entitled to receive greater compensation than the dependant would receive if the dependant were resident in Alberta. 1981 cW-16 s48 Reduction or suspension of compensation 54 If a worker behaves in a manner that tends to imperil or retard the worker’s recovery or refuses to undergo any medical aid that the Board, based on independent medical advice, considers reasonably essential to promote the worker’s recovery, the Board may reduce or suspend the compensation payable to that worker. 1981 cW-16 s49 Payments to end of month 55 If, under this Act, periodic payments of compensation, other than for temporary disability, are to cease on the happening of an event, the Board shall pay the compensation up to the end of the month in which the event happens. 1981 cW-16 s50 Disability Compensation for disability 56(1) The Board shall pay periodic compensation (

a) on a monthly basis in the case of permanent disability, (

b) on a bi-weekly basis in the case of temporary disability, or (

c) on a basis other than under clause (

a) or (b), if the Board considers it appropriate to do so.

(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).

(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 as calculated by the Board 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

RSA 2000

Section 56

Chapter W-15 WORKERS’ COMPENSATION ACT 58 (

b) the greater of the worker’s (

i) actual earnings after the accident, and (ii) estimated earning capacity after the accident, as periodically determined by the Board.

(4) 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.

(5) Compensation shall be paid in accordance with subsection (1) for as long as the impairment of earning capacity lasts.

(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 subject to the maximum payable under subsection (18).

(7) In making a calculation under subsection (3), the Board shall consider separately each source of employment the worker had at the time of the accident from which the worker no longer has the ability to earn wages or in which the worker’s ability to earn wages is impaired, due to the accident, regardless of whether the source of employment is in an industry to which this Act applies.

(8) Payments customarily made by an employer to a worker to cover any special expenses incurred by the worker in the course of the worker’s employment shall not be included in computing the worker’s net earnings under subsection (3) for the purposes of this Act.

(9) In determining impairment of earning capacity, the Board shall not consider any disability benefit paid by the employer, either by way of continued salary or otherwise.

(10) The amount of the periodic payment of compensation is (

a) in the case of permanent total disability and temporary total disability, 90% of the worker’s net earnings, and (

b) in the case of permanent partial disability and temporary partial disability, a proportionate part of 90% of the worker’s net earnings based on the Board’s estimate of the impairment of earning capacity from the nature and degree of disability.

RSA 2000

Section 56

Chapter W-15 WORKERS’ COMPENSATION ACT 59

(11) Compensation for permanent total disability and permanent partial disability is payable to the worker during the worker’s lifetime and must not be less than (

a) in the case of permanent total disability, $1640.90 per month, and (

b) in the case of permanent partial disability, a proportionate part of $1640.90 per month based on the Board’s estimate of the impairment of earning capacity from the nature and degree of disability.

(12) Compensation for temporary total disability and temporary partial disability is payable to the worker only as long as the disability lasts, and compensation for temporary total disability must be (

a) where the worker’s bi-weekly net earnings are greater than the sum referred to in subsection (11)(a), the greater of (

i) the sum referred to in subsection (11)(a), and (ii) the bi-weekly equivalent of the amount that the worker would have received under subsection (10) had the worker been permanently totally disabled, and (

b) where the worker’s bi-weekly net earnings are equal to or less than the sum referred to in subsection (11)(a), 100% of those bi-weekly net earnings.

(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 a ccepts the work, 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.

RSA 2000

Section 56.1

Chapter W-15 WORKERS’ COMPENSATION ACT 60

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

(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 compensation to the worker in accordance with

section 13(

a) as if the worker was continuing to work.

(16) Where the Board determines that a worker has reached both medical and vocational plateaus in respect of the worker’s injury, and the worker continues to suffer impairment of earning capacity, the Board shall pay to the worker periodic compensation in the form of an economic loss payment for permanent disability, calculated in accordance with subsection (3).

(17) After the worker has reached both medical and vocational plateaus, the Board may, at such times as it considers appropriate, investigate the worker’s circumstances for the purposes of reviewing the worker’s entitlement to an economic loss payment, and may, following the investigation, confirm or adjust the level of the economic loss payment payable in accordance with the worker’s actual or estimated earning capacity at the time.

(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. RSA 2000 cW-15 s56;2002 c27 s20;2017 c25 Sched. 2 s23; 2020 c32 s3(21) Non-economic loss payment 56.1(1) When the worker has reached medical plateau, the Board shall pay the worker a non-economic loss payment as compensation for permanent clinical impairment, including disfigurement, that results from the accident.

RSA 2000

Section 59

Chapter W-15 WORKERS’ COMPENSATION ACT 61

(2) A worker’s non-economic loss payment is calculated by multiplying the worker’s percentage of permanent clinical impairment by $90 772.20.

(3) This

section applies in respect of accidents that occur on or after September 1, 2018. 2017 c25 Sched. 2 s24 57 Repealed 2017 c25 Sched. 2 s25. 58 Repealed 2017 c25 Sched. 2 s25. 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.

(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).

(4) Repealed 2020 c32 s3(22). RSA 2000 cW-15 s59;2017 c25 Sched. 2 s26;2020 c32 s3(22) Adjustment to temporary disability 60(1) If after December 31, 1989 a worker is receiving compensation for temporary disability 24 months after the date of the accident, the Board shall adjust the compensation by the same percentage as it would have had the worker been permanently totally disabled at the time of the accident.

(2) An adjustment under subsection (1) is subject to the maximum pension payable under

section 56 that is in effect on the day that the worker is entitled to receive the adjustment. RSA 2000 cW-15 s60;2005 c48 s8 Retirement benefit 60.1(1) For the purposes of this section, “worker’s retirement date” means the later of

RSA 2000

Section 61

Chapter W-15 WORKERS’ COMPENSATION ACT 62 (

a) the date the worker reaches the age of 65 years, (b) 5 years following the date of the accident, and (

c) another date, if the Board is satisfied that the worker would have retired at a later date than provided for in clauses (

a) and (b).

(2) Where immediately prior to the worker’s retirement date the worker had been in receipt of economic loss payments, the Board shall, effective on the worker’s retirement date, pay an annual retirement benefit calculated by multiplying the total amount of the periodic compensation paid up to the month in which the periodic compensation ended by 2%.

(3) The annual retirement benefit is payable on a monthly basis for the lifetime of the worker.

(4) Where a worker has been in receipt of periodic compensation continuously for a period of at least 2 years, and the worker’s entitlement to periodic compensation ends before the worker’s retirement date, the worker is entitled to receive a lump sum retirement benefit calculated by multiplying the total amount of the periodic compensation paid up to the month in which the periodic compensation ended by 2%. RSA 2000 cW-215 s59;2017 c25 Sched. 2 s27 Recurrence of disability 61(1) The Board may, if (

a) a worker who was awarded compensation in respect of an accident ceases to receive that compensation by reason of recovery from the disability, (

b) there is a recurrence of di sability in the form of temporary disability and that disability is due to the same accident, (

c) the worker has, at the time of recurrence of the disability, earnings in an amount that is greater than the amount of the worker’s net earnings at the time of the accident, and (

d) more than 12 months have elapsed since the date of the accident, pay compensation on and from the date of the recurrence on the same basis as if the worker had suffered another accident and been disabled on the date of the recurrence of disability.

RSA 2000

Section 63

Chapter W-15 WORKERS’ COMPENSATION ACT 63 (2) Subsection (1) applies regardless of whether the accident that gave rise to the right to compensation occurred before or after the coming into force of this Act. 1981 cW-16 s55;1984 c68 s15;1986 c33 s5 62 Repealed 2017 c25 Sched. 2 s28.

Determining impairment of earning capacity 63 In determining the degree of impairment of earning capacity, the Board may consider as a factor the nature of the injury and the physical and mental fitness of the worker to continue in the employment in which the worker was injured or to adapt himself or herself to some other suitable employment. 1981 cW-16 s57 Deduction of allowance or benefit from employer 64(1) The Board may, in fixing the amount of compensation payable to a worker, deduct all or part of the amount of any payment, allowance or benefit that the worker will receive from the worker’s employer in respect of the period of the worker’s disability and the Board may pay all or part of that amount to the employer out of the Accident Fund.

(2) An employer who receives money under subsection (1) shall credit that amount to the account of the worker from whom the deductions were made. 1981 cW-16 s58 65 Repealed 2017 c25 Sched. 2 s29. 66 Repealed 2017 c25 Sched. 2 s30. Compensation to learner and apprentice 67(1) If a worker who is a learner suffers impairment of earning capacity because of an accident, the periodic compensation to which the worker is entitled

Document details

Collection	Alberta — Consolidated Statutes
Citation	RSA 2000 cW-15
Type	statute
Volume / chapter	W15
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	34d32403c42c9d44482caae9a469fca1f248ce8d

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