Bill 20 — Foiirl'H Session, 17Th Legislature, 24 Elizabeth Ii the Legislative Assembly of Alberta Bill 20 Tile Workers' Compensation Amfndnent Act, 197~ (Legislature 17, Session 4)

L17 S4 5421

Alberta — Bills

1975 Bill 20 FoiIrl'h Session, 17th Legislature, 24 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 20 TilE WORKERS' COMPENSATION AMFNDNENT ACT, 197~ THE MINISTER OF MANPOWER AND LABoUR First Reading ................. . Second Reading ............................ . Third Reading ............................. . Printed by the Queen's Printer for the Province of Alberta, EDMONTON

Bill 20 BILL 20 1975 THE WORKERS' COMPENSATION AMENDMENT ACT, 1975 (Assented to , 1975) HER MAJESTY, by and with the advice and consent of the Legislative Assembly 'Of Alberta, enacts as follows: 1. The Workers' Compensation Act is he1 4 eby an1,ended.

Section 9 is amended by renu1nbering it as wubsection (1) and by adding thereafter the following subsections:

(2) The Board may, on such terms and conditions as it considers appropriate, provide that the Act shall apply to persons temporarily employed in preventing, combatting or alleviating the effects of any emergency or disaster, whether or not remuneration is paid for such employment.

(3) For the purposes of subsection (2), the words "disaster" and "emergency" have the meanings assigned "them in The Disaster Services Act.

(4) Following application -therefor by any employer or prospective employer proposing to engage persons in any volunteer employment in which the remuneration, if any, is nonlinal, the Board may direct that those persons shall be deemed to be workers under this Act.

Section 37 is amended (

a) as to subsection (3) by striking out clau,se (a), and (

b) by st1"iking out subsections (.q,) and (5) and by sub stituting therefor the following subsections: ( 4) Where the worker dies as the result of an accident and leaves no dependent widow or widower or the dependent widow or widower subsequently dies and any suitable person acts as f{)ster-parent in keeping up the household and maintaining and taking care of the children entitled to compensation in a manner that the Board considers satisfactory, the foster-parent while so acting is entitled to re ceive compensation (

a) where the accident occurred on or after J an uary 1, 1974, in the amount of $225 per month

Explanatory Notes t. This Bill will amend

chapter 87 of the Statutes of Alberta, 1973. 2. This amendement will permit the extension of the application of the Act to temporary employment in times of disaster or emer gency which would not otherwise be covered. I.t will also permit the application of the Act to volunteer employments. 3. The first amendment will delete a defined term no longer used. The second amendment will provide a pension increase for foster-parents and children in their care.

Section 3i, subsections (3), (4) and (5) presently read:

(3) In subsections (4) and (5). (a) "existi:1g household" means any household where children entitled to compensation are maintained and taken care of hy one 0:' more toster parents; (l» "foster-pa~ent" Includes a natural parent.

(4) Where the workE'r dies as the result of an accident occu:"!"~:1g on or after January 1. 1974 and leaves no dependent widow or widow:;or t':" the dC'pendenl widow or widower subsequently dies and any suitable persc1:'J. :'.('t3 as roster parent in keeplnfl ury the h01'sehold and maint'lining and t:;.l:'::-:; care of the children entitled to compensation in a manner that thE' Bo:o:-d (','"':!';del'S satis factory. the foster-parent while so dOing is entitled to r(>('.:'iY<' C' ,-:n\)(~nsat\on h. the amount of $225 ;ler month together with an additional s~~m "~ ':::-0 per month in respect of each child so maintained until the child has. sub,;':(,: to

section 39. attained the age of 18 years or sooner died.

(5) Where the wo:-J;:er dies as the result or an accident IX(,~::-:-'~:;: before or after January 1. 1974 leaving no dependent "'idow or w!dowe:- ,':- :hc dept>ndent widow or widower subsequt>ntly dies and the children arc mJ.::".:,',:~ed by more than one of the persons r~rerred to in subsection (4). the :J.:::~::-': of 5225 per month shall be divided proT)ortionately among the per;;(1:;5 ;:;.,: ,:-.~ :1!; roster p~ rents tn the respective children in accordance with the :;":-: _,:- of children maintained by each foster-parent and such amount ~":,,:: ,"--,:;:1t.(' p1.~';lble without ch?nge notWithstanding the termination or p~yr.,,'-: ::> an~' other foster-parent.

together with an additional sum of $70 per month in respect of each child so maintained, or (

b) where the accident occurred on or after April 1, 197.5, in the amount of $290 per month together with an additional sum of $80 per month in respect of each child so maintained, until the child has, subject to

section 39, attained the age of 18 years or died before attaining that age.

(5) Where the worker dies as the result of an accident leaving no depedent widow or widower or where the dependent widow or widower su bsequent ly dies and the children are maintained by more than one of the persons referred to in subsection (4), the amount that would be payable to a foster parent under subsection (4) shall be divided pro portionately among the persons acting as foster parents to the respective children in accordance with the number of children maintained by each foster-parent, and the amount of the payment to any foster-pa-rent shall continl~e payable vrithout change notwithstanding the termination of payment to any other foster-parent.

Section 38 is struck out and the following

section is substituted therefor: 38.

(1) If a dependent widow or widower remarries, the payments to that person shall thereupon cease but a lump sum termination payment shall thereafter be paid in an amount of (a) $2,700, where the remarriage takes place on or after January 1, 1974, or (b) $3,480, where the remarriage takes place on or after April 1, 1975e

(2) Where (

a) a dependent widow or widower remarries, and (

b) the amount of termination payment that was auth. orized to be paid to a dependent widow or widower at the time of the accident to the spouse of that widow or widower was less than the amount of the termination payment authorized under subsection (1), the amount of such difference shall be paid to the Accident Fund out of the General Revenue Fund.

Section 99 is amended (

a) by striking out subsection (1) and by substituting therefor the following subsection: 2

4. This amendment will increase the lump smn payment to a widow or widower receiving compensation who remarries. s. This amendment will increase the amount of payments to dependent children. 2

(1) Where a dependent widow or widower dies or remarries, the Board shall pay compen sation at the rate of (a) $70 per month, or (b) $80 per month, where the death or remarriage occu~s on or after April 1, 1975, to each dependent child who is not being maintained as a foster child pursuant to

section 37 (

c) until the child attains the age of 18 years or dies before attaining that age, or (

d) in the case of a dependent invalid child irres pective of the age of the child, as long as in the opinion of the Board it might reasonably be expected that the worker had he lived would have continued to contribute to the support of the child. (

b) as to subsection (2) by striking out the words "section 40, subsection (2)" and by substituting therefor the words "section 40, subsection (4)", and (

c) as to subsection (9) by striking out the words "section 40, subsection (2)" and by s'l.lbstituting theref('r the -words "section 40, subsection (4)".

Section 40 is struck out and the following

section is substituted therefor: 40.

(1) A dependent widow or widower receiving com pensation under this Act in respect of an accident occurring on or after January 1, 1974 but prior to April 1, 1975 shall be granted an additional payment of compensation suffic ient to increase the monthly payment to the dependent widow or widower to the greater of (a) $365 per month, or (

b) the amount of pension that person would otherwise receive plus 11 per cent of that amount.

(2) A dependent widow or widower receiving compen sation under any predecessor of this Act shall be granted an additional payment of compensation sufficient to in crease the monthly payment to the dependent widow or widower to the sum of (a) $225 per month commencing January 1, 1974, and (b) $290 per month commencing April 1, 1975.

(3) A foster-parent receiving compensation under this Act or any predecessor of this Act shall be granted an additional payment of compensation sufficient to increase the monthly payment to the foster-parent to the sum of (a) $225 per month commencing January 1,1974, and (b) $290 per month commencing April 1, 1975. S

6. These amendments will increase the effective pension amounts payable to existing pension recipients who are foster-parents, dependent widows or widowers or dependent children to co incide with the proposed new rates.

Section 40 present~y reads: 40.

(1) On and after January 1, 1974, a foster-parent or a dependent widow or widower receiving compensation under any Workmen's Compensation Act of Alberta, where the date or time of the award under or because of which the compensation is payable or of the accident that occasioned the award Is prior to that date, shall be granted an additional payment of compensation suf ficient to bring the monthly payment to the foster-parent or the dependent widow or widower up to. the sum of $225 per month.

(2) On and after January 1, 1974, a dependent child receiving compensation under any Workmen's Compensation Act of Alberta, where the date or time of the award under or because of which the compensation is payable or of the accident that occasio!led the award is prior to that date, shall be granted aD additional payment of compensation sufficient to bring the monthly payment to the dependent child up to the sum of $70 (

a) for a dependent child under the age of 18 years other than a dependent invalid Child. until the child attains the age of 18 years or dies before attaining that age; (

b) to a dependent invalid child Irrespective of the age of the child for as long as in the opinion of the Board it might reasonably be expected that the worker had he lived would have continued to contribute to the support of the child.

(3) The cost of the additional amounts of compensation paid under this

section shall be paid to the Accident Fund out of the General Revenue Fund. 3

(4) A dependent child receiving compensation under this Act or any predecessor to this Act shall be granted an additional payment of compensation sufficient to increase the monthly payment to the dependent child to the sum of (a) $70 per month commencing January 1, 1974, and (b). $80 per·month commencing April 1, 1975, and such amounts shall be payable (

c) to a dependent child under the age of 18 years other than a dependent invalid child, until the child attains the age of 18 years or dies before attaining that age, or (

d) to a dependent invalid child, irrespective of the age of the child; for as long as in the opinion of the Board it might reasonably be expected that the worker had he lived would have continued to con tribute to the support of the child.

(5) The cost of the additional amounts of compensation paid under this

section in respect of accidents occurring prior to January 1, 1974 shall be paid to the Accident Fund out of the General Revenue Fund. 7.

Section J,.1 is amended by striking out subsection (2) and by SUbstituting there/or the following subsection:

(2) The. capital value of increases in monthly payments to foster-parents, dependent widows and widowers and dependent children as authorized by

section 40 in respect of accidents occurring before January 1, 1974 shaH not be in cluded in determining the cost of capitalized awards for the purposes of subsection (1). 8.

Section J,.7, subsection (1) is amended by striking out the words "$10,000 a year" and by substituting therefor the foUowing claus68: (a) $10,000 a year, where the accident occurred on or after Januaryl; 197., _~;r (b) $13,000 a year, where the accident occurred on or . after Aprif 1,' 1975.

Section 48, subsection (1) is amended by striking out clause (

a) and by substituting therefor the following clause: (

a) any university, public or private college, institute of technology, agricultural and vocational college, vocational training centre or secondary school;

Section 50 is amended by striking out the words "$275 a month, and" in clause (

a) and by substituting th.erefor the following subclaus88: 4

Section 4'1, subsection (2) presently reads:

(2) The capital value of increases in monthly payments being made prior to January 1, 1974 to df'pendent widows and widowers and dependent children as authorized by

section 37, subsection (4) or

section 40 shall not be included in determining the cost of capitalized awards for the purposes of subsection (ll.

Section 47, subsection (1) presently reads: 47.

(1) Subje<'t to the regulations, the average -weekly earnings of a worker for the purposes of this Act shall be computed in sUch manner as is best calculated to give the rate per week at which the worker was being remuner ated in industries to which the Art applies at the time of the accident, but not so as in any case to exceed $10,000 a year.

Section 48, subsection (1) presently reads: 4-8.

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

a) any educational institution for the administration of which the Minister of Advanced Education is responsible; (

b) a correctional institution under The Corrections Act; (

c) a hospital designated as a facility under The Mental Health Act, 1972. This amendment will alleviate any doubts as to the application of the Act ·to students in work training programs in the listed academic institutions. 10. This amendment will provide higher minimum compensation rates for workers.

Section 50 presently reads: 50. The amount of con:pensation to which an injured person is entitled under this Act (

a) for permanent total disability shall not be less than $275 a month, and (

b) for permanent partial disability, shall not be less than a proportionate monthly amount calculated according to the percentage of disabillty assessed. 4

(i) $275 per .month, where the accident occurred on or after January 1, 1974, or (ii) $365 per month, where the accident occurred on or aft~r April 1, 1975, and

Section 53 is amended (aJ by adding after subsection (1) the following sub section:

(1.1) On and after April 1, 1975, an injured per son receiving compensation for permanent total dis ability or permanent partial disability under this Act or any pre4ecessor of this Act shall be granted an additional payment of compensation sufficient to increase the monthly payment to that person to the .greater of (a) $865 per month in case of permanent total disability or a proportionate· monthly amount calculated according· to the percentage· of dis ability assessed in case of permanent partial disabiHty, or (

b) the amount of pension that person would re ceive apart from the provisions of this section, plus rtnd (i) 32 per cent of that amount, where the accident occurred prior to 1970, or (ii) 28 per cent of that amount l where the accident occurred during 1970, or :iii) 25 per cent of that amount, where the accident occurred during 1971, or jv) 21 per cent of that amount, where the accident occurred during 1972, or (v) 17 per cent of that amount, where the accident occurred during 1973, or (vi) 11 per cent of that amount, where the .accident occurred :on or after January 1, 1974 and prior to Aprii 1, 1915. .. . (

b) as to subsef;tion (2) by adding alter the 'lJ.1ords "this section" the words "in respect of an accident oc curring prior to January 1, 1974".

Section 64, subsection (3) is amended by striking out the figure "$10,000" and by substituting therefor the figure "$13,000".

Section 67, subsection (2) is amended by striking out ·the figure "$10.000" and by substituting. therefor the figure "$13,000'1 5

II. These amendments will increase existing pensions in accord ance with the c~nsumer price index for Alberta and will -provide the same minimum payment as awards will be pursuant to sec tion 10 of this Bill.

Section 53 presently reads: 53.

(1) On and after January 1. 1974. a person receiving compensation for permanent total or permanent partial disability under any \Vorlanen's Compen sation Act of Alberta. irrespective of the date or time of the award under or because of which the compensation is payable or of the accident· that occasioned the award. shall be granted an addltion~~ payment of compensation sufficient to bring the monthly paYment to him up to $275 for. total disability and a proportionate amount thereof for partial disability calculated according to the percentage of disability assessed.

(2) The cost of the additional amounts of compensation paid under this

section shall be paid to the Accident Fund out of the General Revenue Fund.

Section 6'4, subsection (3) presently reads:

(3) Where the assessment Is based upon the payroll of the employer and the payroll shows in anyone year earnings in respect of any worker in excess of $10.000 for that year. every such excess shall .be deducted from the amount of the ·payroll before it is used as a basis for assessment.

Section 67, subsection (2) presently reads:

(2) Every person rendering service to a corporation. wherever and however incorporated or constituted. under a contract of service written or oral. express Or implied. whether that person is or Is not a member. oUicer or executive of the corporation. and whether or not the corporation is or is not under legal obligation to pay such person any wages. salary or other remuneration. shall be deemed to be a worker employed by the corporation and shall be included upon the payroll thert'Of. and in every such case. where the person is not being paid any wages or saiary. or is being paid a merely nominal or token remuneration, the Board shall. for the purposes of assessment. fix such sum as in Its opinion represents a reasonable wage or salary for the service rendered by the person. having regard to the nature of the employment. but not in any case exceeding in anyone year the sum of $10.000 and the Board shall for the purpose of Its assessment add the sum so fixed by It to the amount of the payroll of the corporation. 5

lJ,..

Section 9'" is amended (

a) by striking out subsection (1) and by substituting therefor the following subsectio'll,: 94.

(1) Any previous provisions of this Act or any predecessor of this Act in Alberta shall be deemed tb be of full force and effect insofar as they relate to any benefits provided or any right to the provision of benefits granted thereunder except to the extent that those benefits or rights are modi fied or revoked by express words in any subsequent Workmen's Compensation Act or by this Act, or by amendments to any of those Acts, indicating their application to those existing rights and benefits. (

b) as to subsection (2) by striking out the words "January 1, 1974" and by substituting the words "April 1, 1975", and (

c) by adding after subsection (2) the following sub section:

(3) On and after-April 1, 1975, no worker whose entitlement to compensation arose prior to January 1, 1974 has the right to reque~t a medical_examina tion under

section 28 of 7'he W01·kmen's Compensa tion Act, being

chapter 397 of the Revised Statutes of Alberta 1970, but all medical appeals shall be dealt with in accordance with sections 26 and 27 of this Act. 15.

(1) The Blind Workmen's Compensation Act is amended, (

a) by striking out the title liTHE BLIND WORKMEN'S COMPENSATION ACT" and by substitut'ing therefor the title ''THE BLIND WORKERS' COMPENSATION ACT",· (b) (

c) by striking out

section 1; by striking out

section 2 and by s'ubstituting there for the following section: 2. In this Act, (a) "blind worker" means a worker as defined by The Workers' Compensation Act, and possess ing a central visual acuity of his better eye reading 6-60 or 20-200 or less, either with or without glasses; (b) (c) ''Board'' means The Workers' Compensation Board; "employer" means an employer as defined in The Workers' Compensation Act, who has a blind worker in his employment; (d) "full cost of compensation" includes 6

14. The first amendment is to alleviate any doubt as to the application of the section. The last amendment is self-explana tory.

Section 94, subsection (

I) presently reads: 9t.

(1) The provisions of any previous . Workmen's Compensation Act of Alberta shall be deemed to be of full force and effect insofar as they relate to any benefits provided or any right to the prOVision of benefits granted thereunder except to the extent that those benefits or rights are expressly modlfled or revoked by a subsequent Wo\-lonen's Compensation Act or amendments thereto or by this Act. 1 S. Corrects cross-references. 6

(

i) compensation, burial expenses, the cost of furnishing medical aid and all other amounts payable under or by virtue of The Workers' Compensation Act, by reason of an accident to a blind worker for which the worker is entitled to compensation under that Act, and (ii) the capitalized sum or present value of the sum required as determined by the Board to provide for future payments of com pensation to the worker or his dependants; (e) "Institute" means the Canadian National In stitute for the Blind. (

d) as to

section 3 by striking out subsection (1) and by substituting therefor the following subsection: 3.

(1) When the full cost of compensation ex ceeds $50, the Provincial Treasurer in the case of industries to which The Workers' Compensation Act applies (

a) shall, when the employers are not individually l~able to pay the compensation, pay the ~xc~ss of the full cost of compensation over and above $50 to the Board by way of reimbursement to the Accident Fund as defined in The Workers' Compensation Act, and (

b) shall, when the employers are individually liable to pay compensation, pay the excess of the full cost of compensation over $50 to the enlployer. (

e) by striking out sections 4- and 5 and by substituting therefor the following sections: (f) (g) 4. In making an award under The Workers' Compensation Act to a blind worker for injury by accident under The Workers' Compensation Act, the Board may have regard to any previous awards made to him for inj ury under that Act. 5. The assessment on the wages of a blind worker to be levied by the Board on an employer may be fixed by the Board at such an amount as the Board considers fair, having regard to the pro visions of The Workers' Compensation Act. as to

section 6, subsection (1) by st1-iking out the words "blind workman" wherever they appear in the subsection and by substituting there/or the words "blind worker", and as to

section 7 by striking out the words "blind workman" and by substituting therefor the words "blind worker". 7

(2) The M.L.A. Compensation Act is amended (

a) as to

section 2 (iJ by striking out clauses (

a) and (

b) and by sub stituting therefor the following Cla'lLSes: (a) "Board" means The Workers' Compensa tion Board established under The Vlorkers' Compensation Act; (b) "compensation" means (

i) in the case of a member of the Legis lative ~ssembly (

A) the maximum payments payable under

section 42 and

section 47, subsection (1) of The l-Vorkers' Compensation Act to a worker suffering permanent total dis ability, or (

B) the maximum payments payable under

section 43 and

section 47, subsection (1) of T he Workers' Comp('.nsat~:(Jn Act to a worker suffering permanent partial dis ability, as the circumstances require, and (ii) in the case of a dependant of a mem ber of the Legislative ~ssembly, compensation equivalent to and pay able in the same manner and upon the same basis as the compensation pay able under The Workers' Compen sation Act, to a similar dependant of a worker under that ~ct; (ii) by striking out in clause (

e) the words "a workman under The Workmen's Compensation Act" and by substituting therefor the words "a worker under The Workers' Compensation Act", and (iii) by striking out in clause (

f) the words "The Workmen's Compensation Act" and by sub stituting therefor the '!()o'rd.t:; "The Workers' Compensation Act", (

b) as to

section 6 by striking out the words "The Workmen's Compensation Act" and by substituting therefor the words "The Workers' Compensation Act", •

(

c) as to

section 7 by striking out the w01'ds HThe Workm,en's Compensation Act" and by substituting therefor the words "The Workers' COl1~pensation Act", and (

d) by striking out

section 8 and by substituting there for the following section: 8.

(1) The Workers' Compensation Act, with all necessary modifications, applies to members of the Legislative Assembly and their dependants as if such members and their dependants were workers or dependants of workers, respectively, under that Act.

(2) For the purposes of this Act the term "employer" in The Workers' Compensation Act shall be deemed to refer to the Clerk of the Legis lative Assembly.

(9) The Motor Vehicle Accident Claims Act is amended by striking out

section 20 and by substituting therefor the following section: 206 N otwit:1star!cing anything in The Workers' Compen sation Act, where compensation or an award is made by the Workers' Compensation Board of any province or ter ritory of Canada in respect of bodily inj ury or death of any person as a result of an automobile accident, and there is a larger judgment or settlement for the same inj ury or death made in respect of a claim under this Act, then (

a) there shall be paid out of the Fund the difference between the compensation or award made by the Workers' Compensation Board and the judgment or settlement under this Act, and (

b) the Workers' Compensation Board is not subrogated to the rights of the claimant, his legal personal re presentatives or his dependants and has no right whatsoever in respect of the sum paid pursuant to clause (a). . 16. The words HThe Workmen's Compensation Act" are struck out wherever they appear in the following provisions and the ~oords "The Workers' Compensation Act" are sub stituted therefor: The Companies Act,

section 266, subsection (1), clause (d); The Forests Act, 1971,

section 21 ; The Alberta Health Care Insurance Act,

section 2, clause (I) ; The Proceedings Against the Crown Act,

section 3, sub section (1). ,

16. Corrects references.. 9

17. The words "The Workmen's Compensation Board" are struck out wherever they appear in the following pro visions and the words "The Workers' Compensation Board" are substituted there/or: The Coal Mines Regulation Act,

section 77 and

section 95, subsections (1) and (2); The Crown Agencies Employee Relations Act, Schedule; The Crown Property Municipal Grants Act,

section 5, clause (h); The Alberta Health Care Insurance Act,

section 25, sub section (1.1); The Alberta Hospitals Act,

section 35, subsection (5), clause (b), subclause (i) ; The Nursing Homes Act,

section 12, subsection (2), clause (a), subclause (ii); The Ombudsman Act,

section 2, clause (a); The Public Service Management Pension Act ..

section 12, subsection (2); The Public Service Pension Act,

section 11, subsection (2) and

section 37, clause (a), subclause (i) ; The Alberta Government Purchasing Agency Act, sec tion 8, subsection (2) & 18. This Act comes into iorce on April 1, 1975. 10

17. Corrects references. 10 Title: 1975 (17th, 4th) Bill 20, The Workers' Compensation Amendment Act, 1975

Document details

Collection	Alberta — Bills
Citation	L17 S4 5421
Type	bill
Volume / chapter	L17 S4 5421
Language	en
Format	json
Source	PROVINCIAL
Identifier	d68af2b4f2aa7be07b7bd3894b0800c770d45ae3

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