When Board regulation 2019
statreg 19001 00
British Columbia — Consolidated Statutes
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This Act is current to June 30, 2026
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Workers Compensation Act
[RSBC 2019]
CHAPTER
Deposited with Clerk of the Legislative Assembly on August 23, 2019
[Note: the dollar amounts shown in sections 94, 95, 102, 167, 169, 170 to 175, 191, 194,
208, 213, 225, 231, 236, 251 and 349 may not reflect the current consumer price index
adjustments referred to in
section 333, and the maximum wage rate shown in
section 209 (2) and
227 may not be current.
Current information may be found on the Workers' Compensation Board website at
www.worksafebc.com/en/law-policy/claims-rehabilitation/claims-related-consumer-price-index or
may be obtained by calling your WorkSafeBC regional office.]
Contents
Part 1 — Scope of Act
Division 1 —
Interpretation
Definitions
1.1
Online platform workers
Division 2 — Scope of OHS Provisions
General application of OHS provisions
Exceptions from application — mines and industrial camps
Division 3 — Scope of Compensation Provisions
General application of compensation provisions
Extending application: public interest undertakings
Extending application: vocational or training programs
Extending application: work study and other programs
Application to fishing industry
Division 4 — Liability of Employers in Industries Not Within the Scope of Compensation Provisions
Application of this Division
Legal actions against employer
Legal actions in relation to work done under contract
Override and application of common law rules
Part 2 — Occupational Health and Safety
Division 1 —
Interpretation and Purposes
Definitions in relation to OHS provisions
Purposes of OHS provisions
Review of OHS provisions and regulations
Relationship with compensation provisions
Division 2 — Board Mandate
Board mandate under OHS provisions
Cooperation agreements and arrangements
Division 3 — Board Jurisdiction
Exclusive jurisdiction of Board in relation to OHS provisions
Board authority to change previous decisions
Division 4 — General Duties of Employers, Workers and Others
General duties of employers
General duties of workers
General duties of supervisors
Coordination at multiple-employer workplaces
General duties of owners
General duties of suppliers
Duties of directors and officers of a corporation
General obligations are not limited by specific obligations
Person may be subject to obligations in relation to more than one role
Responsibility when obligations apply to more than one person
Division 5 — Joint Committees and Worker Representatives
General requirement for employer to establish joint committee
Variations in committee requirements
Membership of joint committee
Selection of worker representatives
Selection of employer representatives
Duties and functions of joint committee
Joint committee procedure
Board assistance in resolving disagreements within committee
Employer must respond to committee recommendations
Time from work for meetings and other committee functions
Educational leave for committee members
Other employer obligations to support committee
Committee reports
Employer must post committee information
Worker health and safety representative
Participation of alternate for worker representative
Division 6 — Worker Protection in Relation to Prohibited Actions
Prohibited action
Worker protection from prohibited action
Complaint by worker respecting prohibited action or failure to pay wages
Response to complaint
Division 7 — Information Requirements
Requirement to post information
Occupational health and safety information
summary
Information that must be kept confidential
Information that must be provided in a medical emergency
Division 8 — Certification and Other Specific Authorities
Certification and training of first aid attendants and instructors
Installation and maintenance of required first aid equipment
Medical monitoring programs
Medical certification requirements
Certification and training of blasters
59.01
Certification and training related to asbestos abatement
Division 8.1 — Licensing in Relation to Asbestos Abatement
59.02
Definition in relation to licensing
59.03
Licence required
59.04
How to apply for licence
59.05
Licence may be issued
59.06
Refusal of licence
59.07
Suspension or cancellation of licence
59.08
Notice of licensing decisions
59.09
Registry of licensees
Division 9 — Variance Orders
Board may authorize variances from regulations
Effective period for variance order
Application for variance
Notice of application
Consultation on application
Decision on application
Legal effect of variance
Board regulations review must consider variance history
Division 10 — Employer Accident Reporting, Investigation and Related Prohibitions
Immediate notice of certain accidents
Incidents that must be investigated
Investigation process
Preliminary investigation, report and follow-up action
Full investigation, report and follow-up action
Employer or supervisor must not attempt to prevent reporting or making claims
Division 11 — Board Inspections, Investigations and Inquiries
Application of Division
Authority to conduct inspections
Restrictions on access to private residences
Officer must produce credentials on request
Representation on inspection
Assistance on inspection
Person being questioned is entitled to have another person present
Limited authority to seize evidence without warrant
81.1
Warrants — investigations
Employer must post inspection reports
Division 12 — Enforcement
Compliance agreements with employers
General authority to make orders
Other general matters relating to orders
Posting of orders by officer
Notice of variation or cancellation of order
Order may require compliance reports
Order to stop using or supplying unsafe equipment
Stop-work orders
Related stop-operation orders
Restrictions on stop-work orders and stop-operation orders
Effect of stop-work orders and stop-operation orders on workers
Administrative penalties — OHS citations
Administrative penalties — higher maximum amount
Suspension or cancellation of certificates
Court injunction on application of Board
Division 13 — Offences
Offence to contravene OHS provision, regulation or order
Limits on prosecutions
Defence of due diligence
Additional defence for workers
General penalties
Additional penalty to reclaim monetary benefit
Additional powers on sentencing
104.1
Court may consider victim impact statements
Penalties to be paid into accident fund
Division 14 — General Matters
Court orders for access
Costs of investigations, inspections and other services
Collection by assessment or judgment
Division 15 — Regulations for OHS and Other Purposes
Lieutenant Governor in Council regulations
Board regulations generally
Board regulations in relation to hazardous and other substances
Board regulations in relation to OHS citations
Notice and consultation before Board makes regulation
When Board regulation comes into force
Ongoing review of Board regulations
Minister may direct Board to consider changes to its regulations
Authority and application of regulations generally
Part 3 — Workers' Compensation System
Division 1 — General Rules Respecting Compensation System
No contribution from workers
Compensation cannot be waived
Compensation not assignable or liable to attachment
Compensation for injured worker who is a minor
Division 2 — Board Jurisdiction and Other Authorities
Exclusive jurisdiction of Board in relation to compensation provisions
Board authority to reconsider previous decisions
Board authority to set aside decision or order
Board authority to reopen matter: recurrence of injury or significant change in medical condition
Division 3 — Legal Effect of Workers' Compensation System
Definitions for purposes of this Division
Limitation on legal proceedings against employers or workers
Worker or dependant may bring action against other persons or elect to claim compensation under this Act
Circumstances where compensation may be paid after action is settled
Board has right of action if compensation is claimed
Constraint on recovery if some fault attributable to employer or other worker
Limitation on legal proceedings by employer of injured or deceased worker
Amounts to be awarded in legal proceedings under this Division
Part 4 — Compensation to Injured Workers and Their Dependants
Division 1 — Compensation for Injury, Mental Disorder and Occupational Disease
Compensation for personal injury or death
Mental disorder
Occupational disease: general compensation rules
Schedule 1: presumption of occupational disease related to specified process or industry
Board powers in relation to recognition of occupational diseases
Firefighters: presumptions respecting heart injury and heart disease
Firefighters: presumptions respecting lung cancer and other diseases
Mining industry silicosis
Lung disease from exposure to dust conditions
Death of worker with occupational disease that impairs the lungs
Communicable disease: presumption in relation to testing order
Non-traumatic hearing loss
Compensation if injury or disease superimposed on already existing disability
Division 2 — Compensation in Relation to Work Outside British Columbia
Injuries happening outside British Columbia
Election if compensation available under law of other place
Division 3 — Reporting of Injury or Disease and Process for Claiming Compensation
Worker obligation to give notice of injury or disease to employer
Employer obligation to report injury or disease to Board
Application for compensation: form of application and time for making application
Special circumstances: new evidence relating to occupational disease
Worker has continuing obligation to provide information
Worker obligation to comply with examination and treatment requirements
Division 3.1 — Return to Work and Other Duties in Relation to Injured Workers
154.1
Definition and application
154.2
Duty to cooperate
154.3
Duty to maintain employment
154.4
Conflict with collective agreement
154.5
Administrative penalties respecting this Division
154.6
Regulations in relation to the duty to maintain employment
Division 4 — Vocational Rehabilitation, Health Care and Other Assistance
Vocational rehabilitation and other assistance
Health care for injured worker
Board powers in relation to provision of health care
Emergency care by physician or qualified professional
Employer authority and obligations in relation to health care
Health care by physician or qualified practitioner selected by worker
Replacement, repair and provision of physical assistance items
Retirement services and supports for workers with total disability
Duties of physicians and qualified practitioners
Obligations of health care service providers
Division 5 — Compensation in Relation to Death of Worker
Definitions and other
interpretation rules
Payment towards funeral and related expenses
Lump sum payment to dependent spouse or foster parent
Compensation payable to dependants of deceased worker
Dependent spouse who is 50 years of age or older or is incapable of earning, no dependent children
Dependent spouse who is under 50 years of age and not incapable of earning, no dependent children
Dependent spouse and one or more dependent children
One or more dependent children but no dependent spouse
Compensation to dependent parents in addition to spouse or children
No dependent spouse or child: compensation to other dependants
Compensation to persons other than dependants
Compensation to foster parent and dependent children
Apportionment between dependants
Dependent spouse living apart from worker at the date of death
Restriction on compensation to spouse living in marriage-like relationship
Worker leaves more than one dependent spouse
Change in circumstances: dependent spouse and dependent children — reduction in number of dependent children
Change in circumstances: spouse ceases to have dependent children
Change in circumstances: spouse and dependent children — spouse dies
Change in circumstances: only dependent children — reduction in number of dependent children
Change in circumstances: dependent spouse ceases to be incapable of earning
Compensation in relation to the death of more than one worker
Board authority in relation to dependent spouse who has impairment of earning capacity
Proof of dependant status
Board authority in relation to matters not otherwise dealt with
Division 6 — Compensation for Worker Disability
Compensation subject to general rules
Temporary total disability
Temporary partial disability
Recurrence of temporary disability more than 3 years after injury
Permanent total disability
Permanent partial disability: general rules
Permanent partial disability: exception to general rules
Permanent disability or increase in permanent disability occurring more than 3 years after injury
Non-traumatic hearing loss: compensation where no resulting loss of earnings and compensation where earnings affected
Permanent disfigurement
Maximum compensation in the case of further disability
Payment period for worker disability compensation
Deductions in relation to Canada Pension Plan disability benefit
Reconsideration of prescribed compensation claims
Retirement benefit in relation to permanent disability
Worker contributions to retirement benefit
Payment of retirement benefit
Board administration of money to be paid as retirement benefit
Division 7 — Worker's Average Earnings and Earning Capacity
Determination of worker's average earnings and earning capacity
Annual determination of maximum wage rate for average earnings
Average earnings: short-term compensation
Average earnings: long-term compensation
Worker without earnings: short-term and long-term compensation
Worker in public interest undertaking: short-term and long-term compensation
Casual worker: short-term and long-term compensation
Employer or independent operator with purchased coverage: short-term and long-term compensation
Worker who is apprentice or learner: long-term compensation
Worker employed for less than 12 months: long-term compensation
Exceptional circumstances: long-term compensation
Determination if multiple rules apply
Division 8 — Average Net Earnings of Worker
Average net earnings: short-term compensation
Average net earnings: long-term compensation
Schedule or procedure for determining average net earnings
Division 9 — Transitional and Related Compensation Matters
Periodic payments awarded before 1966 for permanent injury
Workers receiving health care before April 1, 1972
Compensation in relation to worker death before July 1, 1974
Compensation in relation to hearing loss before September 1, 1975
Compensation in relation to worker injury before January 1, 1986
Compensation in relation to worker death before June 30, 2002
Compensation in relation to worker injury before June 30, 2002
Division 10 — Compensation Payments and Other General Matters
Manner of compensation payment: periodic or lump sum
Payment of compensation in specific circumstances
231.1
Payment of interest
Board authority to discontinue, suspend or otherwise deal with compensation payments
Deduction in relation to payments from employer
Restriction on compensation in relation to injury or death from warlike actions
Confidentiality obligations in relation to compensation claims information
Penalties in relation to offences under the compensation provisions
Additional Board authority for compensation orders, directives, rules and regulations
Effective date of Board's compensation regulations
Part 5 — Accident Fund and Employer Assessment
Division 1 — Accident Fund and Assessments for Purposes of Fund
Accident fund
Board estimate of amounts needed for accident fund
Annual employer assessments for accident fund purposes
Additional assessment amounts
General rules in relation to assessments
Classification of industries
Employer obligation to provide payroll estimates and reports
Use of payroll information for purpose of assessment
Variation of assessment rates
Class accounts for accident fund
Division 2 — Special Assessment Rules
Compensation charged to different employer class or subclass
Apportionment in other circumstances
Levy of contribution from specific employer
Division 3 — Collection of Assessments
Assessment notice to employers
Assessment operates by Board notice
Annual adjustment of assessments
Interest may be charged on amounts owed on assessment
255.1
Demand on third party
255.2
Failure to comply with demand
Collection after change in owners or employers
Collection from municipal contractors
Contractor and other liability for assessment
258.1
Director's liability
Employer still liable if assessment not made
Temporary industries — requirement for payment or security
Penalty for default in payment or return
Employer assessment in relation to injury not reported as required
Employer payment for compensation provided during period of default
Collection of assessments by legal action or certificate
Priority as to amounts due to the Board
Court order restraining industry if employer defaults
Part 6 — Review of Board Decisions
Definitions in relation to reviews
Requests for review
Who may request a review
Making request for a review
General matters in relation to requests for review
Conduct of review
Reconsideration directed by chief review officer
Delegation of chief review officer's powers and duties
Payment of compensation following review
Effect of review in relation to employer payment obligations
Part 7 — Appeals to Appeal Tribunal
Division 1 — Appeal Tribunal
Definitions
Appeal tribunal and membership
End of appointment to appeal tribunal
Role of appeal tribunal chair
Delegation of chair's powers and duties
Appeal tribunal staff
Compensation and expenses of appeal tribunal members
Finances for appeal tribunal administration and operation
Appeal panels
Annual report to minister
Division 2 — Appeal Rights
Definitions in relation to appeals
Review decisions that may be appealed
Other Board decisions that may be appealed
Who may appeal: matters related to OHS provisions
Who may appeal: matters related to compensation provisions
How to appeal
Time limit for appeal
General rule: appeal does not stay decision
Division 3 — Appeal Procedure
Board provision of policies and records
Application of Administrative Tribunals Act to appeal tribunal
Appeal tribunal proceedings
Evidence admissible in appeal tribunal proceedings
Witnesses and production of information
Deemed employer
Health professional assistance to appeal tribunal
Health professional assistance in specific cases
Appeal tribunal decision making
Application of policies of the board of directors
Suspension of appeal proceedings pending Board decision
Decision on appeal
Amendment to final decision
Division 4 — General
Exclusive jurisdiction of appeal tribunal
Appeal tribunal decision or action final
Reconsideration of appeal tribunal decision
Request for appeal tribunal certification to court
Payment of compensation following appeal
Effect of appeal in relation to employer payment obligations
Confidentiality obligations
Regulations respecting this Part
Part 8 — Workers' Compensation Board and General Matters
Division 1 — Workers' Compensation Board and Board of Directors
Workers' Compensation Board and its board of directors
Voting directors
Term of office and remuneration for voting directors
Policies of the board of directors
General responsibilities of the board of directors
Meetings and other proceedings of the board of directors
Standard of care obligations for directors
Board president appointment and responsibilities
Delegation by board of directors or president
Division 2 — Board Administration
Annual service plan
Annual report to minister
Financial management
Audit requirement
Board may appoint officers and other employees
Board must appoint review officers
Superannuation fund
Protection for Board, directors, officers and employees
Division 3 — Other Board Powers and Responsibilities
Annual adjustment of dollar amounts referred to in Act
Annual adjustment of periodic payment amounts
Interjurisdictional agreements and arrangements
Exercise of powers under federal Acts or agreements
Information respecting Board activities
Division 4 — Board Practices, Procedures and Related Matters
Board practices and procedures
Board decision making
Protection of Board proceedings
Authority to act on advice of officers and persons conducting inquiries
Authority to compel witnesses and production of evidence
Authority to award costs in relation to contested matters
Service of orders and other documents
Alternative dispute resolution
Division 5 — Board Inquiry Powers
General inquiry authority
Examinations and other inquiries respecting employer information
Oaths, affidavits and other declarations in relation to inquiries
Confidentiality obligations in relation to inquiries
Division 6 — Workers' Advisers, Employers' Advisers and Other Assistance
Workers' advisers and employers' advisers
Role of workers' advisers
Role of employers' advisers
Information and confidentiality rules for advisers and staff
Lay advocates
Division 7 — Fair Practices Commissioner
Definitions
Fair practices commissioner
Annual report of fair practices commissioner
Schedule 1
Schedule 2
Revision Schedules
Consumer Price Index Adjustments
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