Bill 71 — First Session, 17Th Legislature, 21 Elizabeth Ii the Legislative Assembly of Alberta Bill 71 the Workme·N'S Compensation Amendment Act, 1972 (Legislature 17, Session 1)

L17 S1 5052

Alberta — Bills

1972 Bill 71 First Session, 17th Legislature, 21 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 71 The Workme·n's Compensation Amendment Act, 1972 THE MINISTER OF LABOUR First Reading . . . . . . . . Second Reading . . . Third Reading . Pl'llltt-'d by L. S. \Vall, Que,·n's Printer, Edmonton

BILL 71 1972 Tnt: V\lORi(MEN'5 COMP'EN'SATION AMENDMENT ACT, 1972 (Assented to ,1972) HER IvlAJESTY, by and with the adviC'e and consent of the Legis}ative Assembly .of Alberta, ena:cts as follows: 1. The Workmen's Compensation Act is hereby amended. 2, The following sect'ion is added a/t,er

section 10: 10.1 Where notice of an accident is given to the Board or a claim is made by a workman or a dependant, the Board shall, where it makes a determination as to the ~ntitlement of the workman or a dependant, advise the workman or in the case of his death, his dependant, as soon as practicable of the particulars of its determination. S.

Section 20 is amended (

a) as to subsection (2) by striking out the figure "$6600" and by sUbstituting the figure "$7600", (

b) as to subsection, (7) by striking out the figure "$6600" and by sUbstituting the figure "$7600".

Section 32 is ame:~ded by striking out subsections (6) a,ncl (7) and by substitut,ing the following:

(6) Where a person has been committed or admitted to an institution, and (

a) he is working inside or outside the institution in an industry to which this Act does not apply, or (

b) is participatin~~ in a work training or similar pro gram either inside or outside the institution, he shall, while so engaged, be deemed to be a workman em ployed by the Governn1ent for the purposes of this Act. (7) 'Vhere a perSO~l becomes entitled to compensation under subsection (6), the compensation payable to him shall (

a) in the event of an injury in an industry to which this Act does not apply, be based on

Explanatory Notes I. This Bill will amend

chapter 397 of the Revised Statutes of Alberta 1970. 2. Notification of Board's determination.

Section 20, subsections (2) and (7) presently read:

(2) The application shall be made by the employer and shall contain the names of all the members of his family employed by him, to gether with the estimated amount of their wages for the current year or balance thereof, o'r where no regular wage is paid or receiv-ed, or if paid and received is lessl than $2,500 per annum, a stated sum in lieu of wages not exceeding $6,600 and not less than $2,500 for or in respect of each member of his family named in the appUcation.

(7) The application shall be made by the employer and shall contain the stated sum for which compensation coverage is desired in an amount not exceeding $6,600 and not less than $2,500, and such assess ment as the Board fixes in respect of such application shall be levied 011 such sum for the period during whkh coverage is to be provided.

Section 32, subsections (6) and (7) presently read: (6). Where any person who is entitled to compensation under this hA.ct IS committed t'0 a jail O'r pris-on, compensation is not payable to 1m fo,r the peri'od of his confinement therein, but the Board may pay the whole or any part of the compensation to any dependant of any person so C'ommitted. (7) ~f any person who is entitled to compensati'0n und~r this Act is ~omml.tted to any institution, the compensation 'Otherwise payable, o . or In respect of such person may in the discretion of the Board be paId to the dependent wife or other dependants of such person.

(

i) the usual rate of wages payable to a person with similar working experience outside an insti tution, or (ii) the rate of wages paid to him for the work, whichever is the greater, or (

b) in the event of inj ury in a work training or similar program, be based on the usual apprenticeship rate in the trade in which he was training or participa ting which would be payable to an apprentice with similar working experience outside an institution, not exceeding in any case the maximum amount of com pensation fixed by this Act.

(7.1) If a person comn1itted or admitted to an institutiOll is, or subsequently becomes, entitled to compensation under this Act, the compensation otherwise payable to or in re spect of the person may, in the discretion of the Board, be paid to the dependent wife or other dependants of the person.

(7.2) In this section, "institution" means (

a) a correctional institution under The Corrections Act; (

b) a h03pital designated as such by the Lieutenant Governor in Council under The Mental Health Act.

Section 52, subsection (1) is amended by striking out the figure "$6600" and by substituting the figure "$7600".

Section 55, subsection (1) is amended by striking out the figure "$40" wherever it occurs and by substU,uting in each case the figure "$50".

Section 57, clause (

a) is a1nended by striking out thp, figure "$175" and by substituting the figure "$225".

Section 58, subsection (1) is amended (

a) by striking out the words "May 1, 1969" and by sUbstituting the words "May 1, 1972", (

b) by striking out the figure "$175" and by substitut ing the. figure "$225". 9. The amendments made by sections 5 and 6 of this flct may be used to recalculat,e existing allowances effective as of May 1, 1972. 10. This Act comes into force on the day upon which it is assented to. 2

Section 52, subsection (1) presently reads: 52

(1) Subject to

section 20, subsections (5) and (9), the average weekly earnings of a workman fo·r the purposes of this Act shall be computed in such manner as is best calculated to give the rate per week at which the workman was being remunerated in industries to which the Act applies at the time of the accident, but not so as in any case to exceed $6,600 a year.

Section 55, subsection (1) pI'lesently reads: 55.

(1) The amount of compensation to which an injured person is entitled for temporary total disability under the provisions of this ,\ct shflll not be less than $40 per week or, where his average earnings are less than $40 per week, the amount of such earnings.

Section 57, clause (

a) presently reads: .57. The amount of compensation to which an injured person is en tItled under this Act (

a) for permanent total disability shall not be less than $175 a month, and

Section 58, subsection (1) presently reads: 58.

(1) On and after May 1, 1969. a person receiving compensation fohr permanent total or permanent partial disability assessed at more t an. 15 per cent under any Workmen's Compensation Act of the ProvInce, irrespective of the date or time of the award under or be cause. of which the compensation is payable or of the accident that occaslOned the award, shall be granted an additional payment of com pensation sufficient to bring the monthly payment to him up to $175 f~r t?tal disability and a propo'rtionate amount thereof for partiai dIsabIlity calculated according to the percentage of disability assessed. Title: 1972 (17th, 1st) Bill 71, The Workmen's Compensation Amendment Act, 1972

Document details

Collection	Alberta — Bills
Citation	L17 S1 5052
Type	bill
Volume / chapter	L17 S1 5052
Language	en
Format	json
Source	PROVINCIAL
Identifier	723445d1dacc0e13d01564b357fe2201f7b1c247

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