First Session, 45th General Assembly

53 Elizabeth II, 2004

BILL 33

AN ACT TO AMEND THE

WORKPLACE HEALTH, SAFETY AND

COMPENSATION ACT

Received and Read the First Time

Second Reading

Committee

Third Reading

Royal Assent

HONOURABLE JOAN BURKE

Minister of Human Resources, Labour and Employment

Ordered to be printed by the Honourable House of Assembly

A BILL

AN ACT TO AMEND THE

WORKPLACE HEALTH, SAFETY AND COMPENSATION ACT

Analysis

S.96 R&S

Assessment or rate modification

2. S.106 Amdt.

Charges to other classes

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

RSNL1990 cW11

as amended

Section 96 of the Workplace Health, Safety and Compensation Act is repealed and the

following substituted:

Assessment or

rate modification

(1) Where

the commission considers it appropriate, it may establish a program of

assessment or rate modification to consider

(

a) an employer's record, risk, cost or injury

experience;

(

b) an employer's compliance with

(

i) this Act and the regulations, and

(ii) policies and programs established under

section 5; and

(

c) an employer's compliance with requirements

that may be set by the commission in relation to

(

i) provisions respecting health and safety

committees, worker health and safety representatives and training for those

committees and representatives in the Occupational

Health and Safety Act or a regulation made under that Act,

(ii) provisions respecting health and safety

programs and policies in the Occupational

Health and Safety Act or a regulation made under that Act, and

(iii) where the employer is bound by

Part II of the Canada Labour Code , the provisions of

that Part and of the regulations made under that Part.

(2) A program established under subsection (1) may

apply to all industries or may be restricted in application, or may apply in a

different manner to an industry specified by the commission.

(3) Notwithstanding subsection (2), where the

commission believes it would be appropriate to apply a program established

under subsection (1) to an industry in a different manner, the commission shall

seek the approval of the Lieutenant-Governor in Council to consult with the

industry concerning the application by the commission of the program to the

industry in a different manner.

(4) Where the Lieutenant-Governor in Council

approves a consultation under subsection (3), and where, following the

consultation, the commission proposes to apply a program established under

subsection (1) to the industry with which it has consulted in a different manner,

the application shall be subject to the approval of the Lieutenant-Governor in

Council, but the Lieutenant-Governor in Council's approval shall only be given

where the application to the industry would result in the setting or adopting

of requirements by the commission equivalent to or greater than those contained

in a program established under subsection (1).

(5) A program established under subsection (1) may

provide for an increase or decrease to an employer's assessment or rate, grant

a refund or credit to an employer or levy a surcharge on an employer.

2. Subsection 106(2) of the Act is amended by

striking out the words "a system of merit-demerit rating" and

substituting the words "a program of assessment or rate modification".

Earl G. Tucker,

Queen's Printer