Workplace Safety and Insurance Amendment Act (Alternate Insurance Plans), 2009 Hillier, Randy — Bill 219 (39th Parliament, 1st Session)

Bill 219, 39-1

Ontario — Bills

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Bill 219, Workplace Safety and Insurance Amendment Act (Alternate Insurance Plans), 2009

Hillier, Randy

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[39] Bill 219 Original (PDF)

Bill 219 2009

An Act to amend the Workplace Safety and Insurance Act,

1997 to provide employers with the right to participate in alternate insurance

plans

Note:

This Act amends the Workplace Safety and Insurance Act, 1997. For the

legislative history of the Act, see the Table of Consolidated Public Statutes –

Detailed Legislative History at www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Subsection 2 (1) of the Workplace Safety

and Insurance Act, 1997 is amended by adding the following definition:

"alternate plan" means a plan in which a

Schedule 1 employer or a

Schedule 2 employer has opted to participate under

section 67 and under which

workers of the employer are entitled to receive benefits from an insurer that

is not a body that comes within the definition of "public sector" in subsection

2 (1) of the Public Sector Salary Disclosure Act, 1996; ("régime concurrent")

Part I of the Act is amended by adding the

following section:

Alternate plans

2.2 Subject

to the regulations made under this Act, nothing in this Act applies to an

employer or a worker employed by the employer if the employer has opted to

participate in an alternate plan under

section 67 and the alternate plan is in

force, except if the context specifically provides otherwise.

3. Subsection 11 (1) of the Act is amended by

striking out the portion before clause (

a) and substituting the following:

Insured workers

(1) The insurance plan

applies to every worker who is employed by a

Schedule 1 employer or a

Schedule

2 employer except if the employer opts to participate in an alternate plan

under

section 67 and the alternate plan is in force. However, the

insurance plan does not apply to workers who are,

. . . .

Section 16 of the Act is amended by adding

"or an alternate plan" after "the insurance plan".

5. Subsection 26 (2) of the Act is amended by

adding "or an alternate plan" after "the insurance plan".

Section 27 of the Act is amended by adding

the following subsection:

Same, alternate plan

(1.1) Sections 28 and 29

apply with respect to a worker who sustains an injury or a disease that

entitles him or her to benefits under an alternate plan and to the survivors of

a deceased worker who are entitled to benefits under an alternate plan.

7. Paragraphs 1 and 2 of subsection 29 (1) of

the Act are amended by adding at the end "or an alternate plan" in each case.

(1) Section 67 of the Act is

amended by adding "unless the employer opts to participate in an alternate plan

under subsections (2) and (3) and the alternate plan is in force".

(2) Section 67 of the Act is amended by

adding the following subsections:

Alternate plan

(2) A

Schedule 1 employer or a

Schedule 2 employer may opt

to participate in an alternate plan if, under it, workers of the employer are

entitled to benefits that are comparable to those to which they would be

entitled under the insurance plan, as it exists on the day the Workplace Safety

and Insurance Amendment Act (Alternate Insurance Plans), 2009 comes into force,

if the employer had not opted to participate in the alternate plan.

Means of opting for alternate plan

(3) In order to opt to participate in an alternate plan

under subsection (2), an employer shall file notice containing the prescribed

particulars with the Board at the prescribed time.

Regulations

(4) The Lieutenant Governor in Council may make

regulations,

(

a) prescribing

anything that is described as being prescribed under subsection (3);

(

b) specifying

which provisions of this Act and the regulations made under it apply and do not

apply to alternate plans and the circumstances in which the provisions apply or

do not apply;

(

c) providing

for transitional matters to deal with an employer who opts to participate in an

alternate plan.

9. Subsection 75 (1) of the Act is amended by

adding "except if the employer has opted to participate in an alternate plan

under

section 67 and the alternate plan is in force" at the end.

Commencement

10. This Act comes into force on the day it

receives Royal Assent.

Short title

11. The

short title of this Act is the Workplace Safety and Insurance

Amendment Act (Alternate Insurance Plans), 2009 .

EXPLANATORY NOTE

The

Bill amends the Workplace Safety and Insurance Act, 1997 to allow an employer,

at any time, to opt to participate in an insurance plan that is offered by a

private-sector insurer, instead of the insurance plan established under the

Act, if the alternate plan offers benefits to the employer's workers that are

comparable to those offered by the insurance plan as it exists under the Act as

of the date that the amendments to the Act come into force. To exercise the

option, an employer is required to file a notice with the Workplace Safety and

Insurance Board containing the particulars specified in the regulations made

under the Act.

Date Bill stage Activity Committee

November 19, 2009

Second Reading

Lost on division

November 19, 2009

Second Reading

Debate

November 16, 2009

First Reading

Carried

Debates and Progress

First Reading

November 16, 2009

Committee

Second Reading

November 19, 2009

Mr. Randy Hillier, Ms. Cheri DiNovo, Mr. Vic Dhillon, Mr. Garfield Dunlop, Mr. John O'Toole, Mr. Bob Delaney

November 19, 2009

November 19, 2009

Lost on division.

Committee

Third Reading

Royal Assent :

Coming into force :

Acts affected - Bill 219

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Workplace Safety and Insurance Act, 1997

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 219, 39-1
Type	bill
Volume / chapter	p39 s1 bill 219 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	bfab933b7b07289ead55c06bd46d86b31fa4c017

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