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SNL2022

CHAPTER W-11.1

WORKPLACE HEALTH, SAFETY AND COMPENSATION ACT, 2022

Amended:

2023 c20; 2023 cT-6.2 s346; 2024 c22 s55; 2025 c4 s251; 2026 c8

CHAPTER W-11.1

AN ACT RESPECTING THE HEALTH AND SAFETY OF WORKERS AND THE COMPENSATION OF WORKERS FOR INJURIES SUFFERED IN THE COURSE OF THEIR EMPLOYMENT

(Assented to November 9, 2022)

Analysis

Short title

Interpretation

Human Rights Act, 2010

PART I

THE WORKPLACE HEALTH, SAFETY AND COMPENSATION COMMISSION

Definition

Commission continued

Board of directors

Duties and powers

Chief executive officer

Commission staff

Offices of commission

Property of commission

Financial power

Audits of commission

Report under Transparency and Accountability Act

Business

No liability

Agreements

Powers re examination

Information confidential

Exclusive jurisdiction

Stated case

Rules for stated case

Notification of stated case

PART II

WORKPLACE HEALTH AND SAFETY

Definitions

Application of

Part

Duties of commission

Cooperation between commission and occupational health and safety division

Cooperation between commission and Canada-Newfoundland and Labrador Offshore Energy Regulator

Administrative costs

Research fund

PART III

EXTERNAL REVIEWS

Definition

Review board continued

Review board

Officers and employees

No liability

Expenses

Review commissioner bound

Rules

Application to review commissioner

Review by review commissioner

Application for reconsideration

Conflict of interest

Audits of review board

Report under Transparency and Accountability Act

PART IV

APPLICATION OF ACT

Application of Act

Employer covered

Coverage for particular workers

Independent operator

Work training programs

PART V

COMPENSATION AND RIGHT OF ACTION

Compensation payable

Proportionate compensation

Compensation instead of action

No compensation

Where action allowed

Commission decides if action prohibited

Length of disability

Compensation to non-residents

Relocation

Injury outside province

No waiver of benefits

Notice of accident

Failure to give notice

Mitigation of injury

Application for compensation

Duties of employer

Duties of health care provider

Medical records

Medical information

Claim investigated

Proof required

Presumption

Medical examination required

Objection to claim

Power to review compensation

Compensation where fatal accident

Payment to a remarried spouse

Method of payment

Compensation may be apportioned

Compensation unpaid at death

Household to be continued

Payments to children

Compensation for disability

Lost earning capacity

Compensation to be reviewed

Retirement benefits

Earning capacity reviewed

Recurrence

Rescue work

Calculation of earnings

Benefits to be considered

No amount in excess of compensation

Payment of compensation

Compensation not assignable

Overpayment of compensation

PART VI

HEALTH CARE

Where healthcare needed

Health care

Contributions for health care

First medical treatment

PART VII

RETURN TO WORK AND REHABILITATION

Rehabilitation

Duty to co-operate in return to work

Obligation to re-employ

Labour market re-entry assessment and plan

Provision of information

PART VIII

OCCUPATIONAL DISEASES

Occupational disease

Occupational disease compensation

St. Lawrence

Medical committees

PART IX

PRESUMPTION RESPECTING FIREFIGHTERS AND VOLUNTEER FIREFIGHTERS

Definitions

Presumption

Health care

Application

PART X

PRESUMPTION RESPECTING POST-TRAUMATIC STRESS DISORDER

Post-traumatic stress disorder presumption

Application

PART XI

INJURY FUND AND ASSESSMENTS

Injury fund

Classes of industry

Subclasses

Assessment or rate modification

Assessment rated on payroll

Manner of assessment

Employer to pay assessments

When assessments due

Account status requests

Information may be required

Calculation of payroll

No deduction from earnings

Commission may estimate

Credit balance due employer

Charges to other classes

Cost of medical investigations

Where assessment insufficient

Arrangement with other provinces

Arrangement with self-insurers

Where industry temporary

Former employers

Change of ownership

Effect of refusal

Accounts within fund

Reserves within fund

Payments in arrears

Where default

Director's liability

Amount in default

Commission may withhold money

Assessment where work contracted

Mechanics' Lien Act

Assessment as lien

PART XII

GENERAL

Offence

Statutory Review

Lieutenant-Governor in Council regulations

Commission regulations

Review board regulations

Fees and forms

PART XIII

CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT

SNL2015 cA-1.2 Amdt

RSNL1990 cA-22 Amdt.

RSNL1990 cC-2 Amdt.

RSNL1990 cE-10 Amdt.

SNL2007 cE11.01 Amdt.

SNL2007 cH-17 Amdt.

SNL2016 cI-2.1 Amdt.

RSNL1990 cO-3 Amdt.

SNL2019 cO-6.1 Amdt.

RSNL1990 cP-26 Amdt.

RSNL1990 cP-42 Amdt.

RSNL1990 cS-32 Amdt.

NLR 144/04 Amdt.

CNLR 1010/96 Amdt.

CNLR 1148/96 Amdt.

NLR 5/12 Amdt.

RSNL1990 cW-11 Rep.

Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

Short title

This Act may be cited as the Workplace Health, Safety and Compensation Act, 2022.

2022 cW-11.1 s1

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Interpretation

(1) In this Act

(a)

"board of directors" means the board of directors appointed under

section 6;

(b)

"chief executive officer" means the person appointed under

section 8;

(c)

"chief review commissioner" means the person appointed under subsection 33(2);

(d)

"cohabiting partner" means either of 2 persons who are cohabiting and

(

i) have cohabited continuously in a conjugal relationship outside marriage for not less than one year, or

(ii)

have entered into a written agreement in respect of their cohabitation, in which they agree on their respective rights and obligations during cohabitation, upon ceasing to cohabit or upon the death of either of them;

(e)

"commission" means the Workplace Health, Safety and Compensation Commission continued under

section 5;

(f)

"compensation" means compensation paid in accordance with this Act to a worker or dependents in respect of an injury;

(g)

"dependent" means a family member of a worker who is wholly or partly dependent upon the worker's earnings at the time of the death of the worker or who, but for the incapacity due to the injury, would have been dependent;

(h)

"director" means, except in

Part I, a director of a corporation;

(i)

"disability" means the loss of earning capacity of a worker as a result of an injury;

(j)

"earnings" includes a share or portion of proceeds or profits referred to in subparagraph (jj)(i);

(k)

"employer" means an employer to whom this Act applies and who is engaged in or in connection with an industry in the province and includes

(

i) a person who has in service under a contract of hiring or apprenticeship, written or oral, express or implied, a person engaged in work in or in connection with an industry,

(ii)

the principal, contractor and subcontractor referred to in

section 144,

(iii)

in respect of an industry referred to in subparagraph (

i) a receiver, liquidator, executor, administrator and a person appointed by a court or a judge who has authority to carry on an industry,

(iv)

a municipality,

(

v) the Crown in right of Canada where it may in its capacity as employer submit to the operation of this Act,

(vi)

the Crown and a corporation, commission or similar body, established by or under

an Act of the province, and

(vii)

in respect of the industry of fishing, whaling or sealing, the managing owner or person operating a boat, vessel or ship employed or intended to be employed in the industry;

(l)

"employer-sponsored pension plan" includes

(

i) a pension plan that is registered with and certified by the Superintendent of Pensions under the Pension Benefits Act, 1997

or an equivalent Act of another province or of the Parliament of Canada, and

(ii)

a pension plan that is established under

an Act of the province;

(m)

"employment" means the whole or a part of an establishment, undertaking, work, operation, trade or business within the scope of this Act, and in the case of an industry not as a whole within the scope of this Act includes a part of the industry that would if carried on separately be within the scope of this Act;

(n)

"extended earnings loss benefits" means those benefits established as extended earnings loss benefits by a policy established by the board of directors under subsection 7(1);

(o)

"family member" i ncludes spouse, cohabiting partner, parent, grandparent, stepparent, child, grandchild, stepchild, sibling, half-sibling and a person who stood in place of a parent to the worker or to whom the worker stood in place of a parent;

(p)

"fishing" means fishing for gain, other than for sport, in tidal waters, and includes

(

i) fishing for anadromous fish while in those waters,

(ii)

work performed in the functioning of the vessel used for fishing while fishing or proceeding to or returning from fishing, and

(iii)

other work incidental to or connected with fishing usually performed by persons engaged in fishing;

(q)

"former Act" means the Workplace Health, Safety and Compensation Act;

(r)

"health care" means

(

i) medical, surgical and dental care,

(ii)

ho spital and skilled nursing services,

(iii)

a prosthesis or apparatus and the repairing and replacement of them,

(iv)

transportation, and

(

v) other matters and things that the commission may authorize or provide;

(s)

"health care provider" means a member of a regulated health profession;

(t)

"impairment" means a physical or functional abnormality or loss, including a disfigurement, as a result of an injury;

(u)

"industry" includes the whole or a part of an industry, operation, undertaking, establishment, work, trade or business that is not excluded by

section 45;

(v)

"injury" means

(

i) an injury as a result of a chance event occasioned by a physical or natural cause,

(ii)

an injury as a result of a wilful and intentional act, not being the act of the worker,

(iii)

disablement,

(iv)

occupational disease, or

(

v) death as a result of an injury

arising out of and in the course of employment and includes a recurrence of an injury and an aggravation of a pre-existing condition but does not include stress other than stress that is a reaction to a traumatic event or events;

(w)

"injury fund " means

the fund referred to in

section 114;

(x)

"maximum compensable assessable earnings" means the maximum compensable assessable earnings prescribed in the regulations;

(y)

"medical practitioner" means medical practitioner as defined in the Medical Act, 2011 ;

(z)

"minister" means, except where the context indicates otherwise, the minister appointed under the Executive Council Act

to administer this Act;

(aa)

"municipality" includes the City of St. John's, the City of Corner Brook, the City of Mount Pearl and a town incorporated or continued under the Towns and Local Service Districts Act

and a local service district incorporated or continued under that Act;

(bb)

"net earnings" means a worker's average earnings while employed in the industry in which the worker was injured, less the total of

(

i) unemployment insurance contributions for those earnings,

(ii)

Canada Pension Plan contributions for those earnings, and

(iii)

probable income tax deductions for those earnings based on appropriate tables produced by Canada Revenue Agency;

(cc)

"occupational disease" means a disease prescribed in the regulations and another disease peculiar to or characteristic of a particular industrial process, trade or occupation;

(dd)

"policy" means a policy established by the board of directors under subsection 7(1);

(ee)

"review board" means the Workers' Compensation Independent Review Board continued under

section 32;

(ff)

"review commissioner" means a person appointed under

section 33 and where the context indicates, includes the chief review commissioner;

(gg)

"security interest" means an interest in property that secures payment or performance of an obligation;

(hh)

"spouse" means either of 2 persons who

(

i) are married to each other,

(ii)

are married to each other by a marriage that is voidable and has not been voided by a judgment of nullity, or

(iii)

have gone through a form of a marriage with each other, in good faith, that is void and are cohabiting or have cohabited with each other within the preceding year;

(hh.1)

"temporary earnings loss benefits" means

those benefits established as temporary earnings loss benefits by a policy established by the board of directors under subsection 7(1);

(ii)

"work training program" means work

(

i) of a type, whether or not this Act applies to that work, that is designated by the authorities of an educational institution as being suitable for student training, and

(ii)

for which the student is not compensated by the employer; and

(jj)

"worker" means a person who enters into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise, and includes

(

i) in respect of the industry of fishing, whaling or sealing, a person who becomes a member of the crew of a boat, vessel or ship under an agreement to receive a share of the voyage or is described in the Shipping Articles as a person receiving a share of the voyage or agrees to accept in payment for services a share or portion of the proceeds or profits of the venture, with or without other remuneration, or is employed on a boat, vessel or ship provided by the employer,

(ii)

a person who is a learner, although not under a contract of service or apprenticeship, who becomes subject to the hazards of an industry for the purpose of undergoing training or probationary work specified or stipulated by the employer as preliminary to employment,

(iii)

a part-time or casual worker, and

(iv)

an executive officer, manager or director of an employer.

(2) Notwithstanding paragraph (1)(v), stress that may be the result of an employer's decision or action relating to the employment of a worker including a decision to change the work to be performed or the working conditions, to discipline the worker or to terminate the worker's employment does not constitute an injury.

2022 cW-11.1 s2 ; 2023 cT-6.2 s346 ; 2026 c8 s1

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Human Rights Act, 2010

(1)A provision of this Act or the regulations, or a decision or policy made under this Act or the regulations, that requires or authorizes a distinction because of age shall apply notwithstanding sections 5, 9 and 14 of the Human Rights Act, 2010 .

(2) Subsection (1) applies, with the necessary changes, to a predecessor to this Act or the regulations or a decision or policy made under that Act or regulation.

2022 cW-11.1 s3

PART I

THE WORKPLACE HEALTH, SAFETY AND COMPENSATION COMMISSION

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Definition

I n this Part, "director" means a member of the board of directors appointed under

section 6.

2022 cW-11.1 s4

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Commission continued

The Workplace Health, Safety and Compensation Commission is continued.

2022 cW-11.1 s5

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Board of directors

(1)A board of directors of the commission shall be responsible for the administration of this Act and the regulations.

(2) The board of directors shall consist of

(

a) the following persons appointed by the Lieutenant-Governor in Council:

(i)

3 persons representative of employers, a minimum of one whom shall be recommended by the Newfoundland and Labrador Employers' Council Inc.,

(ii)

3 persons representative of workers, a minimum of one whom shall be recommended by the Newfoundland and Labrador Federation of Labour,

(iii)

3 persons representative of the general public, one of whom represents injured workers, and

(iv)

one person appointed as the chairperson;

(

b) an employee of the department responsible for the Occupational Health and Safety Act

who is designated by the minister responsible for that department, who shall be a non-voting member; and

(

c) the chief executive officer, who shall be a non-voting member.

(3) A member of the board appointed under paragraph (2)(

a) holds office for a term of 3 years and is eligible for reappointment.

(4) Notwithstanding subsection (3), w here the term of office of a member of the board of directors expires, the member continues to be a member until re-appointed or replaced.

(5) The remuneration, benefits and expenses of members appointed under paragraph (2)(

a) shall be determined by the Lieutenant-Governor in Council and the remuneration, benefits and expenses shall be part of the administrative expenses of the commission.

2022 cW-11.1 s6

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Duties and powers

(1) The board of directors shall establish policies and programs in relation to

(

a) compensation benefits to injured workers and dependents;

(

b) rehabilitation and return to work of injured workers;

(

c) health care;

(

d) assessments and investments under this Act; and

(

e) promotion of health and safety in workplaces and the prevention and reduction of workplace injuries and diseases.

(2) The policies and programs referred to in subsection (1) shall

(

a) be consistent with this Act and the regulations;

(

b) ensure that the intent of this Act and the regulations is being applied to provide services to injured workers and dependents; and

(

c) promote adequate funding for the services through sound financial management.

(3) The board of directors shall

(

a) establish the functions and duties of the chief executive officer;

(

b) consider and approve annual administrative and operating budgets and appoint auditors to audit the books and accounts of the commission, in addition to those audits that may be done under

section 13;

(

c) enact by-laws for the adoption of a seal and for the conduct of the business and affairs of the commission;

(

d) establish, maintain and regulate advisory committees and their function and composition; and

(

e) review this Act and the regulations and recommend to the minister those changes that it considers advisable.

(4) The board of directors may delegate in writing the powers of the board of directors to a director and the powers may be subject to the limitations, conditions and requirements that may be noted in the delegation.

(5) The board of directors in exercising their powers and discharging their duties shall

(

a) act honestly and in good faith with a view to the best interests of the commission; and

(

b) e xercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances.

2022 cW-11.1 s7

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Chief executive officer

T he Lieutenant-Governor in Council shall appoint, after consultation with the board of directors, a chief executive officer of the commission who shall be responsible for the day-to-day administration of this Act and the regulations.

2022 cW-11.1 s8

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Commission staff

(1) T he commission shall hire the employees it considers necessary for the purpose of administering this Act and the regulations and carrying out the business and affairs of the commission.

(2) The commission shall designate the classifications of persons appointed under subsection (1) and may pay their salaries out of the injury fund.

2022 cW-11.1 s9

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Offices of commission

The head offices of the commission shall be in the City of St. John's and the commission may set up offices in other parts of the province.

2022 cW-11.1 s10

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Property of commission

(1) The commission may

(

a) acquire property by purchase, gift or otherwise;

(

b) erect the buildings that it considers necessary for its purposes; and

(

c) sell, lease or deal in another manner with its real property.

(2) Notwithstanding subsection (1), where an acquisition, sale, lease or dealing equals or exceeds the amount prescribed in the regulations, the approval of the Lieutenant-Governor in Council is required.

2022 cW-11.1 s11

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Financial power

(1) The commission may

(

a) invest funds arising under this Act and other money under its control and sell securities and reinvest the proceeds or use the proceeds for other purposes authorized by this Act;

(

b) place its funds and money on deposit in a chartered bank; and

(

c) with the approval of the Minister of Finance, borrow, by way of overdraft or otherwise, from a chartered bank amounts that, in the opinion of the commission, may be considered expedient for the proper carrying out of this Act.

(2) The funds, investments and income of the commission are free from taxation.

2022 cW-11.1 s12

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Audits of commission

(1)T he Lieutenant-Governor in Council may appoint an auditor to audit the accounts of the commission and the remuneration of the auditor shall be paid by the commission.

(2) The auditor general shall audit the accounts of the commission whenever the auditor general considers it expedient to do so.

2022 cW-11.1 s13

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Report under Transparency and Accountability Act

An annual report, as required by and in accordance with the requirements of the Transparency and Accountability Act , shall be submitted by the commission in accordance with that Act.

2022 cW-11.1 s14

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Business

The board of directors shall sit at the times and conduct its proceedings in a manner that it may consider most convenient for the proper discharge and speedy dispatch of business.

2022 cW-11.1 s15

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No liability

An action or other proceeding does not lie against the commission or a director, officer or employee of the commission for anything done or omitted to be done in good faith in the course of exercising a power or carrying out a duty under this Act or the regulations.

2022 cW-11.1 s16

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Agreements

The commission may enter into agreements with other persons that are, in the opinion of the commission, advisable for the administration of this Act and the regulations.

2022 cW-11.1 s17

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Powers re examination

(1) An employee or other person authorized by the commission may examine and inquire into a matter that the commission considers necessary for the purpose of this Act.

(2) A person acting under subsection (1) may

(

a) at reasonable times enter a premises;

(

b) require the production of books, records or other documents applicable to the examination or inquiry and may examine those books, records or documents or remove them for the purpose of making copies of them; and

(

c) require and take affidavits, affirmations or declarations as to a matter of the examination or inquiry and administer oaths and affirmations and take declarations and certify that they have been made.

(3) Where books, records or other documents are removed under paragraph (2)(b), the person who removes the items shall give to the person from whom those items were taken a receipt for them and shall immediately make copies of them and return the originals to the person who was given the receipt.

2022 cW-11.1 s18

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Information confidential

(1)Employees of the commission or persons authorized to examine or inquire into a matter under this Act shall not disclose, except in the performance of their duties or under the authority of the commission, information obtained by them or which has come to their knowledge as a result of the examination or inquiry.

(2) Notwithstanding subsection (1), the commission may allow information referred to in subsection (1) or other information contained in the records or files of the commission to be disclosed to

(

a) legal counsel; or

(

b) another authorized representative either of a person seeking compensation or of another interested person.

2022 cW-11.1 s19

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Exclusive jurisdiction

(1) The commission has exclusive jurisdiction to examine, hear and determine all matters and questions arising under this Act and all matters or things in respect of which a power or authority is conferred upon the commission.

(2) Subject to

Part III, an action or decision of the commission is final and conclusive and is not open to question or review in a court of law and proceedings by or before the commission shall not be restrained by injunction, prohibition or other process or proceedings in a court of law or be removable by certiorari or otherwise into a court of law.

(3) Nothing in subsection (1) or (2) shall be construed to prevent the commission from reconsidering a matter which has been dealt with by it or from rescinding, altering or amending a decision or order previously made by it.

(4) The decisions of the commission shall be upon the real merits and justice of the case and it is not bound to follow strict legal precedent.

2022 cW-11.1 s20

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Stated case

The commission may, of its own motion, or upon the application of a party and upon security being given as the commission directs, state a case in writing for the opinion of the Supreme Court upon a question which in the opinion of the commission is a question as to the commission's jurisdiction or a question of law, and a similar reference may also be made at the request of the Lieutenant-Governor in Council, and the Supreme Court shall hear and determine the questions arising in a case so stated and remit the matter to the commission with the opinion of the court on the matter.

2022 cW-11.1 s21

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Rules for stated case

(1) The Judicature Act

and the Rules of the Supreme Court,1986

where they can be applied and are consistent with this Act, shall apply to a proceeding with respect to a stated case under

section 21.

(2) A notice or other document required to be served on the commission may be served on the chairperson or, in the absence of the chairperson, the chief executive officer of the commission.

2022 cW-11.1 s22

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Notification of stated case

The Supreme Court has power, with respect to stated cases referred to in

section 21, to direct that a person interested, or, where there is a class of persons interested, one or more persons as representatives of that class, shall be notified of the hearing and those persons are entitled to be heard.

2022 cW-11.1 s23

PART II

WORKPLACE HEALTH AND SAFETY

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Definitions

In this Part,

(a)

"department" means the department presided over by the minister; and

(b)

"minister" means the minister responsible for the Occupational Health and Safety Act .

2022 cW-11.1 s24

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Application of

Part

(1) This Part applies to workplaces to which, and to workers and employers to whom, the Occupational Health and Safety Act

Part III.1 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act

applies.

(2) Notwithstanding

section 2, words used in this Part that are defined in the Occupational Health and Safety Act

have the meaning given to them by that Act.

(3) Notwithstanding subsection (2), where a workplace is situated within the offshore area, as defined in the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act , words used in this Part that are defined in

Part III.1 of that Act have the meaning given to them by that Act.

2022 cW-11.1 s25 ; 2025 c4 s251

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Duties of commission

In order to promote health and safety in workplaces and to prevent and reduce the occurrence of workplace injuries and diseases the commission shall

(

a) promote public awareness of workplace health and safety;

(

b) educate employers, workers and other persons about workplace health and safety;

(

c) provide services to occupational health and safety committees, worker health and safety representatives and workplace health and safety designates established or appointed under the Occupational Health and Safety Act

and coordinators and committees designated or established under

Part III.1 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act ;

(

d) promote and provide funding for workplace health and safety research;

(

e) develop standards for the certification of persons required to be certified under the Occupational Health and Safety Act

and approve training programs, training providers and trainers for certification;

(

f) certify persons and programs who meet the standards referred to in paragraph (e);

(

g) foster commitment to a high standard of workplace health and safety among employers, workers and other persons;

(

h) make recommendations to the department respecting workplace health and safety;

(

i) promote and provide funding to industry-based safety associations established to promote occupational health and safety; and

(

j) conduct safety audits of workplaces and offer services to promote occupational health and safety in the workplace.

2022 cW-11.1 s26 ; 2025 c4 s251

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Cooperation between commission and occupational health and safety division

W here it is necessary to give effect to this Part and the Occupational Health and Safety Act , the commission shall

(

a) co-operate with the Occupational Health and Safety Division of the department; and

(

b) disclose information to that division.

2022 cW-11.1 s27

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Cooperation between commission and Canada-Newfoundland and Labrador Offshore Energy Regulator

Where it is necessary to give effect to this Part and

Part III.1 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act , the commission shall

(

a) cooperate with the Canada-Newfoundland and Labrador Offshore Energy Regulator; and

(

b) disclose information to the Canada-Newfoundland and Labrador Offshore Energy Regulator.

2022 cW-11.1 s28 ; 2025 c4 s251

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Administrative costs

The commission shall pay from its assessment and revenue income the cost of the occupational health and safety division in the department and the cost of annual grants made by the minister under

section 64 of the Occupational Health and Safety Act

to a maximum of 5% of its total assessment and investment income in each calendar year.

2022 cW-11.1 s29

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Research fund

(1) The commission shall allocate a maximum of 2% of its total assessment and investment income in each calendar year to establish and maintain a special fund for the purpose of workplace health and safety research.

(2) The commission shall administer the fund referred to in subsection (1) and approve expenditures for workplace health and safety research.

2022 cW-11.1 s30

PART III

EXTERNAL REVIEWS

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Definition

In this Part, "party" means

(

a) a worker or where the worker is deceased a dependent of the deceased worker;

(

b) an employer; and

(

c) the commission.

2022 cW-11.1 s31

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Review board continued

The review division established under the former Act is continued as the Workers' Compensation Independent Review Board and shall be responsible for the review of decisions of the commission in accordance with this Part.

2022 cW-11.1 s32

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Review board

(1) The Lieutenant-Governor in Council shall on the recommendation of the minister appoint to the review board a panel of persons to act as review commissioners.

(2) A panel appointed under subsection (1) shall not exceed 7 persons, one of whom shall be appointed by the Lieutenant-Governor in Council as chief review commissioner.

(3) The terms of office, remuneration, benefits and expenses of the review commissioners shall be determined by the Lieutenant-Governor in Council.

(4) A review commissioner shall hold office during good behaviour for a term that the Lieutenant-Governor in Council may establish.

(5) Notwithstanding subsection (4), w here a person ceases to be a review commissioner, the person may, with the approval of the chief review commissioner,

(

a) carry out and complete any duties or responsibilities; and

(

b) continue to exercise any powers

that the person may have had if the person had not ceased to be a review commissioner in relation to a specific proceeding in which the person had participated as a review commissioner.

2022 cW-11.1 s33

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Officers and employees

(1) There may be employed, in the manner provided by law, those officers, employees and advisors of the review board that are necessary to enable the review board to carry out its functions and the Lieutenant-Governor in Council may fix their terms of service.

(2) Notwithstanding subsection (1), those officers and employees employed with the appeal tribunal existing under

Part II on June 30, 1994 who are considered by the minister to be necessary for the operations of the review division existing under

Part II on July 1, 1994 shall be considered to have been employed in accordance with subsection (1).

(3) T he Lieutenant-Governor in Council may determine the remuneration for services and allowances for travelling and other expenses that shall be paid to the officers, employees and advisors employed under subsection (1).

2022 cW-11.1 s34

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No liability

A n action or other proceeding does not lie against the chief review commissioner, the other review commissioners and the officers, employees and advisors of the review board for anything done or omitted to be done in good faith in the course of exercising a power or carrying out a duty under this Act or regulations.

2022 cW-11.1 s35

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Expenses

Expenses incurred in the administration of the review board, including those under

section 34, shall be paid out of the Consolidated Revenue Fund and that fund shall be reimbursed by money from the injury fund.

2022 cW-11.1 s36

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Review commissioner bound

A review commissioner shall be bound by this Act, the regulations and policy.

2022 cW-11.1 s37

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Rules

(1) The review board may, subject to the approval of the Lieutenant-Governor in Council, in relation to the review of decisions as referred to in

section 40, prescribe by regulation rules of procedure and evidence.

(2) The review board may order the type and nature of information to be provided by a person to a review commissioner before or during a review and that person shall provide the information to the review commissioner.

(3) For the purpose of the review of a decision as referred to in

section 40, a review commissioner has the powers that are conferred on a commissioner under the Public Inquiries Act, 2006,

and a review commissioner is considered to be an "investigating body" for the purpose of the Public Investigations Evidence Act,

and there shall be full right to examine and cross-examine witnesses called to bring forward evidence in response and reply, and the Public Inquiries Act, 2006

shall apply to those witnesses.

2022 cW-11.1 s38

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Application to review commissioner

(1) A party or an agent acting on behalf of a party with the party's written consent, may apply to the chief review commissioner for the review of a decision as referred to in subsection 40(1), within 30 days of receiving the written decision of the commission.

(2) The chief review commissioner may accept an application after the time prescribed in subsection (1) upon review of a written application for an extension of time by the party requesting the review, but an application for review of a decision shall not be accepted more than one year from the date the commission's decision was communicated to the party making the application.

(3) An application under subsection (1) shall be in writing and shall identify how the decision is contrary to this Act, regulations or policy.

(4) Where an application does not comply with subsection (3) a review commissioner shall refuse to review a matter until the applicant complies with subsection (3).

(5) Where an applicant does not comply with subsection (3) within 30 days of receiving notification from the review board of the non-compliance, the decision of the commission shall not be reviewed under this Part.

(6) Where an application is made under subsection (1), the chief review commissioner shall

(

a) review the application; or

(

b) refer the application to another review commissioner.

2022 cW-11.1 s39

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Review by review commissioner

(1) Upon receiving an application under

section 39, a review commissioner may review a decision of the commission to determine if the commission, in making that decision, acted in accordance with this Act, the regulations or policy as they apply to

(

a) compensation benefits;

(

b) rehabilitation and return to work services and benefits;

(

c) an employer's assessment;

(

d) the assignment of an employer to a particular class or group;

(

e) an employer's merit or demerit rating; and

(

f) the obligations of an employer and a worker under

Part VII.

(2) A review commissioner shall not review a decision under subsection (1) except in accordance with subsection (1).

(3) A review commissioner may require a hearing of an application under this Part to be conducted

(

a) orally, including by telephone, teleconference or otherelectronic means which enables the parties to participate in thehearinginstantaneously and simultaneously;

(

b) in writing; or

(

c) partly orally and partly in writing.

(4) The commission shall have standing and may be heard and make representations itself or through an agent acting on its behalf on a matter being reviewed by a review commissioner and at further proceedings arising out of that matter.

(5) A party may appear before the review commissioner or be represented by counsel or an agent and may accompany and appear with the counsel or agent before the review commissioner.

(6) Where a person other than a party has

(

a) an interest in a matter before the review commissioner; and

(

b) notified the review commissioner in writing of the intention to appear,

that person has the right to appear before the review commissioner or to be represented by counsel or an agent.

(7) A review commissioner to which a matter has been referred for review shall

(

a) notify each party and a person referred to in subsection (6) of the time, manner and place set for the review; and

(

b) review the decision of the commission and determine whether it was in accordance with this Act, the regulations or policy.

(8) Where a party or a person referred to in subsection (6) fails to attend, in person or by counsel or agent the review commissioner may proceed to examine witnesses and to review and adjudicate on the matter being reviewed unless

(

a) that failure to attend is due to circumstances beyond the party or person's control; and

(

b) that party or person has, by written notice, advised the review commissioner of the wish to attend and sets out, in the notice, the circumstances that prevent the attendance.

(9) A review commissioner may disclose information to the parties or other persons involved in the hearing where the review commissioner determines that the disclosure of the information is necessary for the purposes of the hearing.

(10) A party or other person who receives information in accordance with subsection (9) may only use the information for the purposes of the hearing.

(11) Where a review commissioner determines that the decision of the commission was in accordance with this Act, the regulations and policy, the review commissioner shall confirm the decision of the commission.

(12) Where a review commissioner determines that the decision of the commission was not in accordance with this Act, the regulations or policy, the review commissioner shall identify how the decision of the commission was contrary to this Act, regulations or policy, specify the contravened provision, set aside the decision of the commission and

(

a) make a decision which is in accordance with this Act, regulations and policy; or

(

b) where it is appropriate to have a new decision from the commission, refer the matter to the commission for a new decision with or without direction on an appropriate remedy.

(13) Where a matter is referred to the commission under paragraph (12)(b), the review commissioner shall not review a new decision except where a new application is made under

section 39.

(14) A decision of a review commissioner shall be communicated by the review commissioner, with reasons, to each party and any persons referred to in subsection (6), within

(a)

60 days of the date of the hearing, where an oral hearing is held; or

(b)

60 days of the date written submissions are due, where an oral hearing is not held.

(15) An order or decision of a review commissioner is final and conclusive and is not open to question or review in a court of law and proceedings by or before a review commissioner shall not be restrained by injunction, prohibition or other process or proceedings in a court of law or be removable by certiorari

or otherwise in a court of law.

2022 cW-11.1 s40

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Application for reconsideration

(1) A party or an agent on behalf of the party may apply, in writing, to the chief review commissioner for a reconsideration of a decision of a review commissioner, including the chief review commissioner.

(2) An application under subsection (1) shall be made within 30 days of receipt of the decision that is the subject of the reconsideration.

(3) The chief review commissioner shall review the application and, where the chief review commissioner determines that reconsideration is appropriate, the chief review commissioner shall

(

a) reconsider the decision; or

(

b) o rder that the decision be reconsidered by another review commissioner who did not make the decision.

(4) The chief review commissioner shall notify each party and any person referred to in subsection 40(6) of an application under subsection (1) within 10 days of receiving the application.

(5) Where the decision to be reconsidered was made by the chief review commissioner, the chief review commissioner shall refer the application to a different review commissioner who may in the review commissioner's discretion order that the decision be reconsidered, and conduct the reconsideration where one is ordered.

(6) The decision of a review commissioner on the application for reconsideration shall be communicated by the review commissioner , with reasons, to each party and any persons referred to in subsection 40(6),

(

a) within 45 days of the date of the application for reconsideration, where an oral hearing is not held; and

(

b) within 60 days of the date of the application for reconsideration, where an oral hearing is held.

(7) Subsections 40(11) to (13) shall apply to the reconsideration process, with the necessary changes.

2022 cW-11.1 s41

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Conflict of interest

A review commissioner may not review a matter under this Part where

(

a) the review commissioner has a direct personal interest in that matter; or

(

b) the chief review commissioner determines there is a conflict of interest.

2022 cW-11.1 s42

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Audits of review board

(1)T he Lieutenant-Governor in Council may appoint an auditor to audit the accounts of the review board and the remuneration of the auditor shall be paid by the review board.

(2) The auditor general shall audit the accounts of the review board whenever the auditor general considers it expedient to do so.

2022 cW-11.1 s43

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Report under Transparency and Accountability Act

An annual report, as required by and in accordance with the requirements of the Transparency and Accountability Act , shall be submitted by the review board in accordance with that Act.

2022 cW-11.1 s44

PART IV

APPLICATION OF ACT

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Application of Act

(1) This Act applies to workers and employers engaged in or in connection with an industry in the province except

(

a) those industries, emplo yers or workers that the Lieutenant-Governor in Council may exclude by regulation; and

(

b) those employers and workers that the commission, with the approval of the Lieutenant-Governor in Council, may exclude by regulation where the commission is of the opinion that the exclusion is appropriate.

(2) Notwithstanding that certain industries, employers or workers are excluded from the scope of this Act, the commission may, on application, order that this Act apply to one or more of the industries, employers or workers otherwise excluded.

2022 cW-11.1 s45

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Employer covered

The commission may admit a n employer in an industry as being entitled to the same compensation as if the employer were a worker and the employer's dependents were dependents under this Act.

2022 cW-11.1 s46

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Coverage for particular workers

(1) The Lieutenant-Governor in Council may, by regulation, provide that the provisions of this Act apply, in whole or in part, to the following:

(

a) fishers working in or out of the province, or on or about the waters of the province, or living within the province;

(

b) commercial buyers or other commercial recipients of fish, or a person engaged within the province in transmitting payments to fishers;

(

c) volunteer fire brigades or departments located in or serving a municipality and the members of the fire brigades or departments;

(

d) independent operators in the logging industry;

(

e) members of the House of Assembly;

(

f) volunteers engaged in work or measures under the Emergency Services Act ;

(

g) volunteers providing community ambulance services;

(

h) volunteers engaged in search and rescue activities as tasked by the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police; and

( i

volunteers engaged in auxiliary policing services.

(2) Where it appears to the commission that this Act or a regulation is inappropriate or unworkable in relation to fishers, the fishing industry or commercial buyers or other commercial recipients of fish, the commission may, by regulation or otherwise, make rules and give decisions that it considers fair and appropriate having regard to the intent that fishers shall where possible receive the benefit of and be subject to this Act.

2022 cW-11.1 s47

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Independent operator

The commission may admit an independent operator who performs work of a nature that would be within the scope of this Act, as being entitled to the same compensation as if the independent operator were a worker and the independent operator's dependents were dependents under this Act.

2022 cW-11.1 s48

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Work training programs

(1) Where a student is enrolled in an educational institution prescribed in the regulations and is participating in a work training program, the student shall, while participating in the work training program, be considered to be a worker employed by the province.

(2) Where a student is injured while participating in a work training program and is entitled to compensation, the amount payable to the student shall be based on the current rate paid to a worker engaged in the same or similar work provided that the maximum amount payable does not exceed the maximum compensable assessable earnings.

(3) The age for admission to a work training program shall be 15 years or over but in exceptional circumstances the commission may, at the request of the Minister of Education, rule a student to be entitled to the benefits of this section.

2022 cW-11.1 s49

PART V

COMPENSATION AND RIGHT OF ACTION

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Compensation payable

(1) Compensation under this Act is payable

(

a) to a worker who suffers personal injury arising out of and in the course of employment, unless the injury is attributable solely to the serious and wilful misconduct of the worker; and

(

b) to the dependents of a worker who dies as a result of such an injury.

(2) Notwithstanding subsection (1), t he commission shall pay compensation to a worker whose injury is attributable solely to the serious and wilful misconduct of the worker where the worker is seriously and permanently disabled or impaired as a result of an injury arising out of and in the course of employment.

(3) The commission shall pay interest on compensation payable for loss of earnings to a worker or dependents where the payment of that compensation is delayed, for more than 30 days, as a result of circumstances that are in the control of the commission.

(4) The rate of interest paid under subsection (3) shall be calculated in accordance with the provisions of the Judgment Interest Act .

2022 cW-11.1 s50

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Proportionate compensation

Where a worker sustains an injury arising out of and in the course of employment that

(

a) aggravates, activates or accelerates a condition, disease or disability existing prior to the injury; or

(

b) is aggravated, activated or accelerated by causes other than the injury,

com pensation is payable for the proportion of the loss of earnings or permanent impairment that the commission determines is attributable to the injury.

2022 cW-11.1 s51

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Compensation instead of action

(1) The right to compensation provided by this Act is instead of rights and rights of action, statutory or otherwise, to which a worker or dependents are entitled against an employer or a worker because of an injury in respect of which compensation is payable or which arises in the course of the worker's employment.

(2) A worker, dependents, the worker's personal representative or the employer of the worker has no right of action in respect of an injury against an employer or against a worker of that employer unless the injury occurred otherwise than in the conduct of the operations usual in or incidental to the industry carried on by the employer.

(3) An action does not lie for the recovery of compensation under this Act and claims for compensation shall be determined by the commission.

2022 cW-11.1 s52

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No compensation

(1) Section 52 shall not apply where the worker is injured or killed

(

a) while being transported in the course of the worker's employment by a mode of transportation in respect of which public liability insurance is required to be carried; or

(

b) as a result of an accident involving the use of a motor vehicle by the worker or another person, in the course of the worker's employment.

(2) In subsection (1) " motor vehicle" means

(

a) a motor vehicle, whether or not it is being operated on a highway, that is

(

i) registered under the Highway Traffic Act,

(ii)

authorized under

section 12 or 13 of the Highway Traffic Act

to be operated on a highway in the province without being registered under that Act; or

(

b) another motor vehicle while being operated on a highway in the province.

(3) For the purposes of the definition of motor vehicle in subsection (2), "highway" means a highway as defined in the Highway Traffic Act .

2022 cW-11.1 s53

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Where action allowed

(1) Where a worker sustains an injury in the course of the worker's employment in circumstances which entitle the worker or dependents to an action

(

a) against a person other than an employer or worker;

(

b) against an employer or against a worker of that employer where the injury occurred otherwise than in the conduct of the operations usual in or incidental to the industry carried on by the employer; or

(

c) where

section 53 applies,

t he worker or dependents, where they are entitled to compensation, may claim compensation or may bring an action.

(2) The worker shall make an election under subsection (1) within 3 months of the injury and an application for compensation is a valid election for the purpose of this section.

(3) The dependents shall make an election under subsection (1) within 6 months of the injury and an application for compensation is a valid election for the purpose of this section.

(4) Where the worker or dependents elect to bring an action, the worker or dependents shall immediately serve notice in writing of the election on the commission.

(5) Where the commission is satisfied that due to a physical or mental incapacity a worker is unable to exercise the worker's right of election, and undue hardship will result, the commission may pay the compensation provided by this Act until the worker is able to make an election.

(6) Where the worker referred to in subsection (5) elects not to claim compensation, further compensation shall not be paid and the compensation that has been paid shall be a first lien against an amount that may be recovered.

(7) Where a person who is required to make an election under this

section is under the age of 18 years, the person's parent or guardian may make the election.

(8) Where a worker or dependents bring an action or settle out of court and less is recovered and collected than the amount of the compensation to which the worker or dependents would be entitled under this Act, the worker or dependents are not entitled to claim compensation under this Act.

(9) Where the worker or dependents apply to the commission claiming compensation under this Act, neither the making of the application nor the payment of compensation under it shall restrict or impair a right of action against the party liable, but in relation to those claims the commission is subrogated to the rights of the worker or dependents and may maintain an action in the name of the worker or dependents or in the name of the commission against the person against whom the action lies for the whole or an outstanding part of the claim of the worker or dependents.

(10) The commission has exclusive discretion to determine whether it shall take an action, release its claim for an action or compromise the right of action, and its decision is final.

(11) Where, in an action under subsection (1), a worker or dependents receive money as the result of a judgment given by a court of law and the commission is owed money under this

section by the worker or dependents, the judge shall order that the money owed be paid to the commission.

(12) Where the commission is subrogated to the rights of a worker or dependents and recovers and collects more than the amount of the compensation to which the worker or dependents would be entitled under this Act, the amount representing the amount of the excess, less costs and administration charges, shall be paid to the worker or dependents.

(13) Costs may, notwithstanding that a salaried employee of the commission acts as its solicitor or counsel, be awarded to and collected by the commission in an action taken by the commission under this section.

(14) The commission may, in an action brought under subsection (9), also recover amounts paid to or on behalf of a worker or dependents by way of compensation, including amounts paid as medical expenses, rehabilitation expenses and other expenses paid by the commission to or on behalf of the worker or dependents.

2022 cW-11.1 s54

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Commission decides if action prohibited

Where an action in respect of an injury is brought against an employer or a worker by a worker or dependent, the commission has jurisdiction upon the application of a party to the action to adjudicate and determine whether the action is prohibited by this Act.

2022 cW-11.1 s55

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Length of disability

(1) Where an injury disables a worker for only the day on which the injury occurred, compensation other than health care shall not be paid by the commission but where the injury disables the worker for longer than the day on which the injury occurred compensation shall be paid from and including the day following the day of the injury.

(2) Where an injury disables a worker either for only the day on which the injury occurred, or for longer than the day on which the injury occurred, the employer shall pay the worker the earnings that the worker would have earned the day on which the injury occurred as if the worker had not been disabled by the injury.

(3) Where an injury results in a permanent functional impairment to a worker, the worker is entitled to compensation for the impairment notwithstanding the fact that there is no loss of earnings.

2022 cW-11.1 s56

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Compensation to non-residents

T he commission may order that payments of compensation under this Act be made to persons living in another province, country or jurisdiction in respect of a worker killed or injured in this province.

2022 cW-11.1 s57

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Relocation

A worker or dependent living in this province may after the time of the injury relocate outside the province without forfeiting the right to compensation under this Act.

2022 cW-11.1 s58

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Injury outside province

(1) W here an employer carries on a business in the province that has a substantial connection with the province and an injury occurs out of the province to a worker who is employed by that employer, the worker or dependents are entitled to compensation in the same manner as if the injury had occurred in the province, unless the worker or dependents are entitled to compensation under the law of the place where the injury occurred.

(2) In a case where compensation is payable in respect of an injury occurring out of the province, where the employer has not fully reported to the commission the earnings of the worker who sustains the injury, the employer is, except where relieved by the commission, liable for the full amount or capitalized value of the compensation and the payment of that amount may be enforced in the same manner as the payment of an assessment may be enforced.

2022 cW-11.1 s59

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No waiver of benefits

Any agreement between an employer and a worker that waives or purports to waive benefits to which a worker or dependents are or may become entitled under this

Part is void.

2022 cW-11.1 s60

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Notice of accident

(1)Compen sation is not payable to a worker unless

(

a) the worker or another person on behalf of the worker, gives notice of the injury to the worker's employer immediately after the occurrence of the injury and before the worker has voluntarily left the employment in which the worker was injured; and

(

b) the claim for compensation is made as follows:

(

i) within 3 months from the occurrence of the injury,

(ii)

in the case of an occupational disease, within 3 months after the worker knew, or ought reasonably to have known, that the worker suffers from the occupational disease, and

(iii)

in case of death, within 6 months after the date of death.

(2) The Lieutenant-Governor in Council may, by order, extend the limitation period for making a claim for compensation in respect of an injury described in the order, with effect from the date of the order or an earlier or later date that may be set out in the order.

(3) The notice referred to in subsection (1) shall include

(

a) the name and address of the worker;

(

b) the cause of the injury; and

(

c) the location where the injury occurred.

2022 cW-11.1 s61

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Failure to give notice

Notwithstanding

section 61, failure to give the notice or to make a claim or a defect or inaccuracy in the notice does not bar the right to compensation where, in the opinion of the commission, the failure, defect or inaccuracy was due to circumstances beyond the worker's control and the employer was not prejudiced by the failure, defect or inaccuracy.

2022 cW-11.1 s62

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Mitigation of injury

(1) A worker shall

(

a) take all reasonable steps to reduce or eliminate a permanent impairment and loss of earnings resulting from an injury;

(

b) seek out and co-operate in any health care or treatment that, in the opinion of the commission, promotes the worker's recovery and return to work;

(

c) take all reasonable steps to provide to the commission full and accurate information on a matter relevant to a claim for compensation; and

(

d) notify the commission immediately of a change in circumstances that affects or may affect the worker's initial or continuing entitlement to compensation.

(2) The commission may suspend, reduce or terminate any compensation otherwise payable to a worker where the worker fails to comply with subsection (1).

2022 cW-11.1 s63

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Application for compensation

(1) Where a worker or dependent applies for compensation the worker shall file with the commission

(

a) a n application for compensation;

(

b) a report of the medical practitioner, chiropractor or physiotherapist treating the worker; and

(

c) other proof of the worker's claim that may be required by the commission.

(2) Notwithstanding paragraph (1)(b), the commission may accept a report of a nurse practitioner or physician assistant, where the commission determines it necessary.

2022 cW-11.1 s64 ; 2024 c22 s55

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Duties of employer

(1)A n employer shall give the commission written notice of any, or the possibility of any, work-related injury to a worker that comes to the attention of the employer within 3 days of receiving the information.

(2) The written notice referred to in subsection (1) shall include the following information:

(

a) the occurrence and nature of the injury;

(

b) the time the injury occurred;

(

c) the name and address of the worker;

(

d) the place where the injury occurred; and

(

e) other particulars required by the commission.

(3) An employer shall make additional reports respecting the injury and workers that may be required by the commission.

2022 cW-11.1 s65

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Duties of health care provider

A health care provider who attends to or is consulted with respect to an injury to a worker shall

(

a) provide reports to the commission in respect to the injury in the form required by the commission;

(

b) give reasonable and necessary information, advice and help to the worker to enable the worker or dependents to apply for compensation; and

(

c) provide proof that may be required by the commission.

2022 cW-11.1 s66

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Medical records

Where a worker applies for compensation, the worker is considered to have authorized a regional health authority to disclose to the commission information contained in the records of the regional health authority .

2022 cW-11.1 s67

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Medical information

(1) Where the commission receives a request from a worker's employer for medical information related to the worker and the commission believes that disclosing the information to the employer is reasonably necessary for the determination of the worker's fitness to return to work, the commission may disclose the information to the employer.

(2) Where the commission discloses information about a worker to an employer under subsection (1), the worker is considered to have consented to the disclosure of the information.

(3) The commission shall inform a worker where it discloses information about the worker to the worker's employer under subsection (1).

2022 cW-11.1 s68

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Claim investigated

The commission shall investigate and process a claim that has been filed with the commission at the earliest convenient date.

2022 cW-11.1 s69

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Proof required

(1) An issue related to a worker's entitlement to compensation shall be decided on a balance of probabilities and, where the evidence on each side of an issue is equally balanced, the issue shall be decided in favour of the worker.

(2) The commission may require the proof which it considers necessary of the existence and status of dependents who are in receipt of compensation.

2022 cW-11.1 s70

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Presumption

W here the injury arose out of the employment, it shall be presumed, unless the contrary is shown, that it occurred in the course of the employment, and where the injury occurred in the course of the employment, it shall be presumed, unless the contrary is shown, that it arose out of the employment.

2022 cW-11.1 s71

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Medical examination required

(1)The commission may require a worker applying for or receiving compensation to submit to a medical examination by the commission or its appointed officer.

(2) Where a worker does not comply with subsection (1), the commission may withhold compensation.

2022 cW-11.1 s72

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Objection to claim

(1) A person who wishes to object to a claim that has been filed with the commission shall file a notice of objection with the commission within 10 days after the date the claim was first reported to the person.

(2) A notice of objection referred to in subsection (1) shall

(

a) be in writing;

(

b) state the reason for the objection; and

(

c) be personally delivered to the worker or mailed to the worker's last known address.

(3) Where a notice of objection referred to in subsection (1) is filed, the commission shall inquire into the claim within 45 days after the notice of objection is filed.

2022 cW-11.1 s73

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Power to review compensation

The commission may reopen, rehear, redetermine, review or readjust a claim, decision or adjustment, where

(

a) an injury has proven more serious or less serious than it was considered to be;

(

b) new evidence relating to the claim, decision or adjustment has been presented to it;

(

c) a change has occurred in the condition of the worker or in the number, circumstances or status of dependents or otherwise; or

(

d) a worker is not following medically prescribed treatment.

2022 cW-11.1 s74

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Compensation where fatal accident

(1) Where the death of a worker results from an injury, the amount of compensation paid to the worker's surviving dependent spouse or cohabiting partner and children and the expenses paid for the burial of the worker shall be the amounts prescribed in the regulations.

(1.1) Where, as a result of an injury, a worker dies on or after January 1, 2022, the commission may, in accordance with the regulations, pay for bereavement counselling for the worker's surviving dependent spouse or cohabiting partner and children.

(2) Notwithstanding subsection (1), the commission may annually increase the amount of compensation prescribed in the regulations that is to be paid to the worker's surviving dependent spouse or cohabiting partner and children by applying the Consumer Price Index for Canada as published by Statistics Canada.

(3) Where compensation is not payable under subsection (1) and a person other than those referred to in subsection (1) is a dependent, an amount proportionate to the monetary loss to those dependents occasioned by the death of the worker that may be determined by the commission shall be paid by the commission to the dependents.

(4) Payments provided for in subsection (3) shall continue only as long as in the opinion of the commission it might reasonably have been expected that the worker, had the worker lived, would have continued to contribute to the support of the dependent.

2022 cW-11.1 s75 ; 2023 c20 s1

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Payment to a remarried spouse

(1)A person whose monthly allowance as a surviving dependent spouse was terminated on or after April 17, 1985 due to the person's remarriage is entitled to receive the compensation that the person would have received had the monthly allowance not been terminated.

(2) A person whose monthly allowance as a surviving dependent spouse was terminated before April 17, 1985 due to the person's remarriage is entitled to receive the compensation that the person would have received on or after April 17, 1985 had the monthly allowance not been terminated.

(3) Notwithstanding

section 50, interest shall not be paid on compensation which would have been paid from April 17, 1985 to December 31, 1992.

(4) An amount shall not be paid under this

section to the estate of a person.

(5) Subsection (4) does not apply to an amount to which a person is entitled under subsection (2) where the person died after February 9, 2006.

2022 cW-11.1 s76

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Method of payment

T he method of calculating compensation under

section 75 and the manner in which compensation is paid under that

section shall be prescribed in the regulations.

2022 cW-11.1 s77

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Compensation may be apportioned

(1) Where compensation is payable to dependents under

section 75, the commission may apportion the compensation among the dependents in the manner and to the degree that the commission considers appropriate in the circumstances.

(2) Notwithstanding subsection (1), the commission shall not pay in respect of dependents a total amount greater than is provided for the respective dependents under

section 75.

2022 cW-11.1 s78

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Compensation unpaid at death

Where a worker's death results from an injury or after an injury, compensation payable with respect to a portion of the period between the date of the injury and the date of the death may be paid by the commission to those dependents of the deceased worker who the commission considers appropriate.

2022 cW-11.1 s79

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Household to be continued

Where a worker in relation to whom

section 75 applies does not leave a spouse or cohabiting partner or where the spouse or cohabiting partner of the worker dies, and in the opinion of the commission it is desirable to continue the existing household and where a suitable person acts as a guardian in keeping up the household and maintaining and taking care of the children entitled to compensation in a manner which the commission considers satisfactory, the guardian, while so doing, is entitled to receive the same monthly payments of compensation as if the guardian were the spouse or cohabiting partner of the deceased.

2022 cW-11.1 s80

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Payments to children

1) Payments made under this Act in respect of a child shall stop when the child reaches the age of 18 years or where the child dies before reaching the age of 18 years, at the time of the child's death.

(2) N otwithstanding subsection (1), compensation is payable in respect of a child 18 years of age or older where the child has a physical or mental incapacity.

(3) Where subsection (2) applies, payment to the child shall continue as long as, in the opinion of the commission, it might reasonably have been expected that the worker, had the worker lived, would have continued to contribute to the support of the child.

(4) Notwithstanding subsection (1), where in the opinion of the commission the providing of further education to a child 18 years of age or older appears advisable, the commission in its discretion may on application extend the period for which compensation shall be paid in respect of the child for the period of time the child is completing the education but compensation shall not be paid in respect of the child after the child reaches the age of 25 years.

2022 cW-11.1 s81

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Compensation for disability

(1)W here, as the result of an injury, a worker is disabled or impaired either permanently or temporarily, totally or partially, the commission shall pay in relation to the worker

(

a) health care expenses as provided for in

section 95;

(

b) a lump sum payment for the permanent impairment as determined by the commission after consideration of a rating schedule; and

(

c) compensation for the loss of earning capacity resulting from the injury calculated in accordance with

section 83.

(2) The maximum and minimum lump sum payments payable under paragraph (1)(

b) shall be prescribed in regulations.

(3) The board of directors may for the purpose of paragraph (1)(

b) approve a rating

schedule which may be considered in calculating the amount of a payment for a permanent impairment arising out of an injury.

2022 cW-11.1 s82

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Lost earning capacity

(1) Where injury to a worker results in loss of earnings beyond the day of the injury, the commission shall estimate the effect of the injury on the loss of earning capacity resulting from the injury and shall provide compensation to the worker on the basis of the estimated loss.

(2) For periods of earnings loss after March 31, 2018, the rate used for calculating a worker's loss of earning capacity shall be 85% of the difference between the worker's average weekly net earnings at the commencement of the worker's loss of earnings resulting from the injury, subject to the maximum compensable assessable earnings, and the average weekly net earnings the worker is estimated to be capable of earning at suitable employment after sustaining that injury.

(3) The commission for the purpose of subsection (2) may determine that a worker is capable of working in suitable employment and estimate the earnings the worker could earn in that employment.

(4) Where a worker reaches the age of 65 years, the compensation payable under this

section shall stop.

(5) Notwithstanding subsection (4) where a worker is 63 years of age or older at the beginning of the worker's loss of earnings resulting from the injury, the commission may provide the compensation under subsection (1) for a period of not more than 2 years following the date of the injury.

2022 cW-11.1 s83

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Compensation to be reviewed

(1) Extended earnings loss benefits being paid to a worker may be reviewed periodically by the commission.

(2) Where a worker is in receipt of extended earnings loss benefits,

(

a) the Consumer Price Index for Canada as published by Statistics Canada shall be applied annually to the worker's estimated annual earnings before the commencement of the worker's loss of earnings resulting from the injury; and

(

b) the benefits shall be recalculated in accordance with subsection 83(2).

2022 cW-11.1 s84

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Retirement benefits

(1) Where a worker who is in receipt of extended earnings loss benefits on or after January 1, 2019 in respect of an injury reaches the age of 65 years, the worker is entitled to receive a lump sum payment equal to

(a)

5% of the following benefits paid to the worker in respect of the injury, together with accrued interest:

(

i) extended earnings loss benefits, and

(ii)

where the worker received temporary earnings loss benefits for more than 24 months, the temporary earnings loss benefits paid to the worker for the period in excess of 24 months; or

(b)

10% of the following benefits paid to the worker in respect of the injury, together with accrued interest, where the worker is or was at the time of the injury a member of an employer-sponsored pension plan:

(

i) extended earnings loss benefits, and

(ii)

where the worker received temporary earnings loss benefits for more than 24 months, the temporary earnings loss benefits paid to the worker for the period in excess of 24 months.

2022 cW-11.1 s85 ; 2026 c8 s2

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Earning capacity reviewed

Where the commission is satisfied that the average earnings of the worker at the time of the worker's injury do not represent the worker's earning capacity because of either of the following:

(

a) the worker's age; or

(

b) t he worker is in the course of learning a trade, occupation, or profession

the commission may, in the case of a temporary disability, adjust the amount of compensation and, in the case of a permanent disability, calculate the payment, by taking into account the probable increase in average earnings.

2022 cW-11.1 s86

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Recurrence

W here a worker suffers a recurrence of an injury, the compensation payable to the worker shall be based on the average weekly earnings at the time of the worker's loss of earnings resulting from the recurrence of the injury, less compensation the worker is already receiving in respect of that injury.

2022 cW-11.1 s87

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Rescue work

In the case of a worker suffering injury by accident arising out of and in the course of the employment while doing rescue work for the saving of human life in a mine or in an industry, or on the premises of either of them, during or immediately after an explosion, injury, fire or other catastrophe, the compensation payable in that case shall be calculated on the basis of 100% of net earnings instead of the percentages otherwise provided in this Act.

2022 cW-11.1 s88

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Calculation of earnings

(1) Average weekly earnings shall be calculated on the basis of

(

a) the amount earned in the period of 12 months immediately preceding the beginning of the loss of earnings as a result of the injury; or

(

b) the rate of daily, weekly, monthly or other regular remuneration that the worker was receiving at the beginning of the loss of earnings as a result of the injury,

wh ichever, in the opinion of the commission, seems more equitable.

(2) In calculating average weekly earnings, they shall be considered not to exceed 1/52 of the maximum compensable assessable earnings in effect at the beginning of the loss of earnings resulting from the injury, or at the beginning of the recurrence of the loss.

(3) Where the employer was accustomed to paying to the worker an amount of money to cover special expenses imposed on the worker by the nature of the worker's employment, that amount shall not be included as part of the worker's earnings.

(4) Where, owing to the shortness of time during which the worker was employed or due to the casual nature of the employment, it is inequitable to calculate the rate of remuneration as of the date of the injury, the rate of remuneration may be calculated based on the average weekly or monthly amount earned during the 12 months by a person employed at the same work by the same employer or where there is no person so employed then by a person in the same class of employment and in the same region.

(5) Where a worker who is injured is at the time of injury under concurrent contracts of service with 2 or more employers, the worker's average earnings shall be determined as though the worker's earnings from those employers were earnings from the employer for whom the worker was working at the time of the injury and, notwithstanding paragraph 2(1)(bb), the worker's net earnings means the worker's average earnings as determined under this

section less the total of the amounts described in subparagraphs 2(1)(bb)( i

), (ii) and (iii).

(6) Where the commission determines that it is more equitable, the commission may pay compensation based on the earnings of the worker at the time of the injury.

(7) Notwithstanding subsection (1), w here a worker has received compensation for 13 consecutive weeks, the commission may review the average annual earnings of the worker preceding the worker's loss of earnings and adjust the amount of compensation paid to the worker so that the compensation is more equitably based on the worker's average annual earnings.

2022 cW-11.1 s89

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Benefits to be considered

(1) In determining a weekly or monthly payment, the commission shall consider a payment, allowance or benefit which the worker may receive from the worker's employer during the period of the worker's disability.

(2) Where compensation is payable an amount deducted from the compensation under subsection (1) may be paid to the employer out of the injury fund.

(3) A benefit, relative to an injury, that a worker is entitled to receive under the Canada Pension Plan or the Quebec Pension Plan shall be offset from the compensation payable to the worker for loss of earnings at a rate of 75% of the net benefit.

(4) W here the commission has, prior to J

anuary 1, 1993 , considered Canada Pension Plan or Quebec Pension Plan benefits in calculating compensation to be paid to a worker, the commission shall not alter the manner in which that worker's Canada Pension Plan benefits are considered except upon a recurrence of the worker's injury.

(5) A benefit that a worker is entitled to receive under an employer-sponsored pension plan shall be offset from the compensation payable to the worker for loss of earnings at a rate of 75% of the net benefit.

2022 cW-11.1 s90

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No amount in excess of compensation

(1) A n employer and a worker shall not enter into an agreement in which the employer agrees to pay the worker an amount in excess of the amount that the worker, as a result of an injury, is receiving as compensation either under this Act or as if the worker were a worker within the scope of this Act.

(2) Where an employer and a worker enter into an agreement in contravention of subsection (1), that agreement is of no effect.

(3) For the purpose of this section, the word "agreement" means a collective agreement or other contract of employment.

2022 cW-11.1 s91

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Payment of compensation

(1) Payments of compensation shall be made in the form and manner determined by the commission.

(2) In the case of a person with a mental incapacity, compensation payments may be made to a person who in the opinion of the commission is best qualified to administer the payments, whether or not the person to whom the payment is made is the legal guardian of the person with the mental incapacity.

(3) Where a person entitled to compensation is committed to a jail, penitentiary or place of detention, compensation is not payable for the period of confinement but the commission may pay the whole or a part of the compensation withheld to dependents of the person confined or to other persons who in the opinion of the commission are best qualified to administer the payments.

(4) Where the person referred to in subsection (3) is under 16 years of age, compensation payable to the person may be paid instead to the person who the commission considers appropriate.

2022 cW-11.1 s92

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Compensation not assignable

Except with the approval of the commission or where there is a court order for support, an amount payable as compensation shall not

(

a) be assigned, charged or attached;

(

b) pass by operation of law except to a personal representative; or

(

c) have a claim set off against it.

2022 cW-11.1 s93

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Overpayment of compensation

(1) Where the commission determines that it paid an amount of compensation to a worker, or to another person, as a result of an injury to the worker, that exceeds the amount to which the worker, or other person, is entitled, the commission may recover the overpayment from the worker or where the worker is deceased, from the worker's estate, as a debt due the commission by action in a court.

(2) In an action commenced as a result of a determination by the commission that it has made an overpayment of compensation, the court does not have jurisdiction to determine whether an overpayment occurred or the amount of the overpayment.

2022 cW-11.1 s94

PART VI

HEALTH CARE

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Where healthcare needed

(1) The commission shall provide a worker who is entitled to compensation under this Act or who would have been entitled had the worker been disabled longer than the day of the injury with the health care that in the opinion of the commission may be necessary as a result of the injury.

(2) The commission may provide a daily allowance to a worker for the worker's subsistence when, under its direction, the worker is undergoing treatment at a place other than the place where the worker ordinarily lives.

(3) A worker referred to in subsection (1) is entitled to the health care that the commission may decide is necessary or advisable, including

(

a) a prosthesis and apparatus that may be necessary as a result of an injury;

(

b) the repair and replacement of a prosthesis and apparatus;

(

c) the repair and replacement of clothing which is damaged or worn by the use of a prosthesis or apparatus;

(

d) the replacement of an

article of clothing destroyed by an injury or the cause of the injury and the repair or replacement, as the commission may determine, of that

article of clothing;

(

e) dental appliances and apparatus that may be necessary as a result of an injury;

(

f) repair and replacement of dental appliances and apparatus;

(

g) hearing and vision aids that may be necessary as a result of an incident causing personal injury or, where there is no personal injury, as a result of a work incident that is proven to the satisfaction of the commission; and

(

h) the repair or replacement of hearing and vision aids.

2022 cW-11.1 s95

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Health care

(1) The supervision and control of health care and questions as to the necessity, character and sufficiency of health care which is provided shall be determined by the commission.

(2) A health care provider and regional health authority consulted respecting or having the care of a worker shall provide to the commission the reports that may be required by the commission in respect of the worker.

(3) The fees or charges payable for health care and health care provider reports

(

a) shall be fixed by the commission; and

(

b) shall not be more than the commission considers reasonable and appropriate for service rendered to a worker.

(4) An action does not lie for an amount in excess of the amount fixed by the commission under subsection (3).

(5) A health care provider or other person, entitled to be paid by the commission under this Act for services performed or for medicines or materials supplied, shall not make a charge against a worker, an employer or a person other than the commission for those services, medicines or materials.

2022 cW-11.1 s96

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Contributions for health care

(1) An employer shall not directly or indirectly collect, receive or retain from a worker contributions towards the expense of health care.

(2) Where, in conjunction with or apart from the health care to which workers are entitled free of charge, further health care or other service or benefit is or is proposed to be given or arranged for, a question arising as to whether a contribution from workers is prohibited by this Act shall be determined by the commission.

2022 cW-11.1 s97

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First medical treatment

(1) Where a worker has been so seriously injured that the worker cannot continue at the worker's regular work, the employer shall, at the employer's own expense, as soon as reasonably possible after the injury,

(

a) obtain necessary health care or convey the worker to a place where the worker may receive health care;

(

b) provide immediate transportation to a hospital should that be necessary or to a place where proper health care can be given; and

(

c) provide or arrange for the provision of health care that may be necessary to the worker upon the journey.

(2) Where an employer fails to comply with subsection (1), a person may obtain the necessary health care or convey the worker to a hospital or place referred to in that subsection and the employer shall pay the reasonable expenses for obtaining the health care or for the conveyance.

(3) Where the employer fails to pay the expenses referred to in subsection (2), the commission may pay the expenses and the employer is liable to pay the commission double the amount paid and the payment of the amount may be enforced in the same manner as an assessment.

2022 cW-11.1 s98

PART VII

RETURN TO WORK AND REHABILITATION

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Rehabilitation

The commission may take those measures and make those expenditures that it considers necessary or expedient to

(

a) help in getting workers back to work;

(

b) help in lessening or removing an impediment resulting from a worker's injury;

(

c) help in the rehabilitative measures of personal care and home care; and

(

d) provide counselling, academic and vocational services to a dependent spouse or cohabiting partner who survives a worker, where the worker's death resulted from an injury which occurred before July 1, 1996.

2022 cW-11.1 s99

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Duty to co-operate in return to work

(1) An employer shall co-operate in the early and safe return to work of a worker injured during employment by

(

a) contacting the worker as soon as possible after the injury occurs and maintaining communication throughout the period of the worker's recovery;

(

b) providing suitable employment that is available and consistent with the worker's functional abilities and that, where possible, restores the worker's pre-injury earnings;

(

c) giving the commission the information the commission may request concerning the worker's return to work; and

(

d) doing other things that may be prescribed in the regulations.

(2) A worker shall co-operate in the early and safe return to work by

(

a) contacting the employer as soon as possible after the injury occurs and maintaining communication throughout the period of the worker's recovery;

(

b) assisting the employer, as may be required or requested, to identify suitable employment that is available and consistent with the worker's functional abilities and that, where possible, restores the worker's pre-injury earnings;

(

c) accepting suitable employment identified under paragraph (b);

(

d) giving the commission the information the commission may request concerning the worker's return to work; and

(

e) doing other things that may be prescribed in the regulations.

(3) The commission may contact the employer and the worker to monitor their progress on returning the worker to work to determine whether they are fulfilling their obligations to co-operate and to determine whether any assistance is required to facilitate the worker's return to work.

(4) The employer or the worker shall notify the commission of any difficulty or dispute concerning their co-operation with each other in the worker's early and safe return to work.

(5) Where the commission received notice under subsection (4), t he commission shall attempt to resolve the dispute through mediation and, if mediation is not successful, shall decide the matter within 60 days after receiving the notice or within the longer period that the commission may determine.

(6) Where mediation is provided under this section, the mediator shall not participate in a hearing or proceeding in relation to the subject of the mediation without the consent of the parties to the hearing or proceeding.

(7) Where the commission determines that a worker has failed to comply with this section, the commission may suspend, reduce or terminate the worker's compensation.

(8) Where the commission determines that an employer has failed to comply with this section, the commission may levy a penalty on the employer not exceeding the cost to the commission of providing benefits, return to work and rehabilitation services to the worker while the non-compliance continues.

(9) A penalty payable under subsection (8) is an amount owing to the commission and may be added to the employer's assessment and payment enforced under

section 140.

2022 cW-11.1 s100

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Obligation to re-employ

(1) An employer of a worker who has been unable to work as a result of an injury and who, on the date of the injury, had been employed continuously for at least one year by the employer shall offer to re-employ the worker in accordance with this section.

(2) This

section applies only to an employer and a worker who had been in an employment relationship for a continuous period of one year immediately prior to the date of the worker's injury.

(3) This

section does not apply to an employer who regularly employs fewer than 20 workers.

(4) The commission may determine the following matters on its own initiative or shall determine them if a worker and an employer disagree about the fitness of the worker to return to work:

(

a) where the worker has not returned to work with the employer, whether the worker is medically able to perform the essential duties of the worker's pre-injury employment or to perform suitable work; and

(

b) where the commission has previously determined that the worker is medically able to perform suitable work, whether the worker is medically able to perform the essential duties of the worker's pre-injury employment.

(5) When a worker is medically able to perform the essential duties of the worker's pre-injury employment, an employer to whom this

section applies shall offer to

(

a) re-employ the worker in the position that the worker held on the date of injury; or

(

b) provide the worker with alternative employment of a nature and at earnings comparable to the worker's employment on the date of injury.

(6) When a worker is medically able to perform suitable work but is unable to perform the essential duties of the worker's pre-injury employment, an employer to whom this

section applies shall offer the worker the first opportunity to accept suitable employment that may become available with the employer.

(7) An employer to whom this

section applies shall modify the workplace and the work to accommodate the worker to the extent that the accommodation does not cause the employer undue hardship.

(8) An employer is obligated under this

section until the earliest of,

(a)

2 years after the date of disability;

(

b) one year after the worker is medically able to perform the essential duties of the worker's pre-injury employment; and

(

c) the date on which the worker reaches 65 years of age.

(9) W here an employer re-employs a worker in accordance with this

section and then terminates the employment within 6 months, the employer is presumed not to have fulfilled the employer's obligations under this section.

(10) An employer may rebut the presumption in subsection (9) by showing that the termination of the worker's employment was not related to the injury.

(11) Upon the request of a worker or on its own initiative, the commission shall determine whether an employer has fulfilled the employer's obligations to the worker under this section.

(12) The commission is not required to consider a request under subsection (11) by a worker who has been re-employed and whose employment is terminated within 6 months where the request is made more than 3 months after the date of termination of employment.

(13) Where the commission decides that an employer has not fulfilled the employer's obligations to a worker, the commission may

(

a) levy a penalty on the employer not exceeding the amount of the worker's net average earnings for the 12 months immediately preceding the beginning of the loss of earnings as a result of the injury; and

(

b) make payments to the worker for a maximum of one year as if the worker were entitled to payments under

section 83.

(14) A penalty payable under subsection (13) is an amount owing to the commission and may be added to the employer's assessment and payment enforced under

section 140.

(15) Where this

section conflicts with a collective agreement that is binding upon an employer, and the employer's obligations under this

section give a worker greater re-employment terms than does the collective agreement, this

section prevails over the collective agreement.

(16) Subsection (15) shall not operate to displace the seniority provisions of a collective agreement.

(17) This

section shall only apply in respect of an injury to a worker which occurred on or after January 1, 2002.

2022 cW-11.1 s101

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Labour market re-entry assessment and plan

(1) The commission shall provide a worker with a labour market re-entry assessment where

(

a) it is unlikely that the worker will be re-employed by the worker's employer because of the nature of the injury;

(

b) the worker's employer has been unable to arrange work for the worker that is consistent with the worker's functional abilities and that restores the worker's pre-injury earnings; or

(

c) the worker's employer is not co-operating in the early and safe return to work of the worker.

(2) After reviewing the results of a labour market re-entry assessment the commission shall

(

a) determine whether a worker requires a labour market re-entry plan in order to enable the worker to re-enter the labour market and reduce or eliminate the loss of earnings that may result from the injury; and

(

b) determine the employment that is suitable for the worker.

(3) Where the commission determines that a worker requires a labour market re-entry plan, the commission shall arrange for a labour market re-entry plan to be prepared for the worker.

(4) A labour market re-entry plan shall be prepared in consultation with

(

a) the worker and, unless the commission considers it inappropriate to do so, the worker's employer; and

(

b) the worker's health care providers if the commission considers it necessary to do so.

(5) A labour market re-entry plan shall contain the steps necessary to enable a worker to re-enter the labour market in the employment that is suitable for the worker.

(6) A worker shall co-operate in all aspects of a labour market re-entry assessment or plan provided to the worker.

(7) Th e commission shall pay the expenses related to a labour market re-entry assessment and plan that the commission considers appropriate to enable the worker to re-enter the labour market.

(8) Where a worker was injured prior to January 1, 2002 and has received services under

section 89 of the former Act as it read prior to January 1, 2002, the worker shall not be entitled to a labour market re-entry assessment or plan except where the commission considers it appropriate.

2022 cW-11.1 s102

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Provision of information

(1) Where a worker or a worker's employer requests, a health care provider shall give the commission, the worker and the employer information concerning the worker's functional abilities on the form that may be required by the commission.

(2) The commission shall pay a health care provider for providing information under this

section and shall fix the fee to be paid.

(3) A person, other than the worker, who receives the information referred to in subsection (1) shall not disclose that information except to a person who is assisting the employer in returning the worker to work.

2022 cW-11.1 s103

PART VIII

OCCUPATIONAL DISEASES

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Occupational disease

(1) Where

(

a) a worker suffers from an occupational disease and is as a result disabled or the worker's death is caused by an occupational disease; and

(

b) the occupational disease is due to the nature of the employment in which the worker was engaged, whether under one or more employments,

the worker o r dependents are entitled to compensation as if the occupational disease were an injury, and the date of disablement were the date of injury, subject to the modifications referred to in this section, unless at the time of entering into the employment the worker had falsely represented as not having previously suffered from the occupational disease.

(2) The commission may, with the approval of the Lieutenant-Governor in Council, make regulations prescribing occupational diseases and associating descriptions of processes with the occupational diseases.

(3) Where a worker referred to in subsection (1) at or immediately before the date of the disablement was employed in a process prescribed in the regulations and the occupational disease contracted is the occupational disease prescribed in the regulations that is associated with the description of the process, the occupational disease shall be considered to have been due to the nature of that employment unless the contrary is proved.

(4) Where a worker referred to in subsection (1), who was employed in a process involving asbestos, is suffering from the occupational disease known as asbestosis, the occupational disease shall be conclusively considered to have been due to the nature of that employment.

(5) Nothing in this

section affects the right of a worker to compensation in respect of an occupational disease to which this

section does not apply where the occupational disease is the result of an injury in respect of which the worker is entitled to compensation under this Act.

2022 cW-11.1 s104

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Occupational disease compensation

(1) A worker or dependent is entitled to compensation under

section 104 or 106 notwithstanding that the worker is not employed at the date of disablement.

(2) The amount of compensation payable under

section 104 or 106 to a worker or dependents referred to in subsection (1) shall be calculated, in accordance with

section 83, on the basis of the worker's average weekly net earnings in the worker's last trade, occupation or profession prior to the date of disablement, adjusted to the date of disablement by the application of the Consumer Price Index for Canada as published by Statistics Canada.

(3) A worker or dependent is only entitled to compensation from January 1, 1994 notwithstanding that the worker's date of disablement is before January 1, 1994.

2022 cW-11.1 s105

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St. Lawrence

(1) Where

(

a) a work er suffers from a chronic obstructive pulmonary disease or from silicosis or carcinoma and is as a result disabled from earning full earnings at the work at which the worker was employed, or the worker's death is caused by that disease and the worker was employed, whether before or after January 1, 1951, in fluorspar extraction, or both, at St. Lawrence; or

(

b) a wor ker or a deceased worker is listed in the Appendix to

chapter XVIII of the Report of the Royal Commission Respecting Radiation, Compensation and Safety at the Fluorspar Mines, St. Lawrence, Newfoundland, 1969, as being entitled to compensation under the commission's recommendations, whether by majority decision or decision of a single member,

the disease or disability suffered by the worker or the worker's death shall be considered to be due to the nature of the employment in those mines unless it is traceable to other employment.

(2) A worker referred to in subsection (1) or where the worker is deceased, the dependents of the deceased worker are entitled to compensation from

(

a) the date referred to in subsection (5); or

(

b) the date of disability or death,

whichever is later, as if the disease were an injury arising out of and in the course of the worker's employment in those mines and the disablement or death were the happening of the injury.

(3) The intent of this

section is that the recommendations respecting compensation appearing in the report referred to in subsection (1) including minority recommendations, shall be fully implemented, and this

section shall be interpreted in the light of this intent, and, to dispel doubt, the

Lieutenant-Governor in Council may make regulations for the purpose of giving effect to that intent.

(4) Nothing in this

section shall entitle

(

a) a worker or the dependent of a deceased worker or another person to claim compensation for a period before the date referred to in subsection (5); or

(

b) th e personal representative, surviving spouse, cohabiting partner or next of kin of a deceased dependent of a worker, where that surviving spouse, cohabiting partner or next of kin is not a dependent of that worker to claim compensation for a period before or after the date referred to in subsection (5).

(5) This

section applies only in relation to a worker who

(

a) before January 1, 1984 was employed in fluorspar extraction at St. Lawrence; or

(

b) is referred to in paragraph (1)(b).

2022 cW-11.1 s106

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Medical committees

(1) In this

section "committee" means a committee of medical practitioners constituted and appointed under this section.

(2) e commission

(

a) shall constitute a committee of medical practitioners upon the written request of a worker or the personal representative of a deceased worker where

(

i) the request is made not later than 90 days after the making of a medical decision by the commission, or

(ii)

a longer period that the commission determines where the commission is of the opinion that exceptional circumstances exist; or

(

b) may constitute a committee of medical practitioners where the commission feels it is desirable to constitute a committee.

(3) The purpose of a committee is to

(

a) investigate and determine in relation to a claim made by a worker or the dependents of a deceased worker, the nature of an occupational disease and its relationship to the processes directly associated in the regulations with the occupational disease; or

(

b) investigate and determine in respect of a number of cases based on death or disability alleged to be caused by that occupational disease.

(4) A committee shall consist of 3 medical practitioners recognized as specialists in the type of injury or illness for which the committee is constituted and shall be appointed from a list of specialists prepared by the commission in the manner prescribed in subsection (5).

(5) In the case of a committee constituted under paragraph (2)(a)

(

a) the commission shall, by a notice sent by registered mail, require the worker or dependents to appoint from the list referred to in subsection (4) one specialist within 14 days after the mailing of the notice by the commission and where the worker or dependents fail to make that appointment, the minister shall make an appointment from the list and that member shall be considered to be appointed by the worker or dependents and the appointment by the dependents under this subsection shall be effected on their behalf by the personal representative of the deceased worker concerned;

(

b) the commission shall appoint the second member of the committee from the list and the 2 members appointed by the worker or dependents and the commission shall appoint from the list the third member who shall be chairperson; and

(

c) where the members appointed by the commission and the worker or dependents are unable to agree on a third member within 2 weeks after they are appointed, the minister shall appoint from the list the third member who shall be chairperson.

(6) In the case of a committee constituted under paragraph (2)(b), the commission shall appoint the members of the committee and shall designate one of them as chairperson.

(7) A committee has the powers conferred on a commissioner under sections 8, 9 and 10 of the Public Inquiries Act, 2006 .

(8) A committee shall conduct those investigations and receive the evidence that it considers necessary for the determination of the questions referred to it by the commission.

(9) A committee shall report to the commission its findings on the nature of the occupational disease and its relationship to the processes associated with it in the regulations.

(10) Where a claim is made by a worker and the worker is examined, the committee shall certify to the commission

(

a) the worker's condition;

(

b) the worker's fitness for employment;

(

c) the worker's unfitness, where the worker is unfit for employment;

(

d) the extent of the worker's temporary or permanent disability because of the occupational disease in respect of which the worker has claimed compensation; and

(

e) other matters which may, in the opinion of the commission or the committee, be pertinent to the claim.

(11) W here the claim is made by the dependents of a deceased worker the committee shall certify to the commission

(

a) the cause of the worker's death;

(

b) the opinion of the committee as to the reasonableness of the inference that the worker died from the occupational disease;

(

c) whether the occupational disease is related to any of the processes associated with it in the regulations; and

(

d) other matters which may, in the opinion of the commission or the committee, be pertinent to the claim.

2022 cW-11.1 s107

PART IX

PRESUMPTION RESPECTING FIREFIGHTERS AND VOLUNTEER FIREFIGHTERS

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Definitions

In this Part

(a)

"fire and emergency services employee" means a person employed with the department responsible for fire and emergency services and whose duties include

(

i) investigating the cause, origin or circumstances of fires,

(ii)

firefighting, or

(iii)

delivering fire investigation or firefighting training;

(b)

"fire department" means a fire department organized under the Towns and Local Service Districts Act , the City of St. John's Act , the City of Corner Brook Act , the City of Mount Pearl Act

and the Regional Service Boards Act, 2012

and also includes a fire department established by an Inuit Community Government under the Labrador Inuit Land Claims Agreement Act ;

(c)

"firefighter" means

(

i) a member of a fire department,

(ii)

a member of an industrial fire department, or

(iii)

a fire and emergency services employee;

(d)

"industrial fire department" means a n organization established by an employer to protect the employer's premises where the nature of the employer's business creates specific hazards for which specialized firefighting training or equipment is required;

(e)

"listed disease" means

(

i) a primary site brain cancer,

(ii)

a primary site bladder cancer,

(iii)

a primary site colorectal cancer,

(iv)

a primary site esophageal cancer,

(

v) a primary leukemia,

(vi)

a primary site lung cancer,

(vii)

a primary site kidney cancer,

(viii)

a primary non-Hodgkin lymphoma,

(ix)

a primary site testicular cancer,

(

x) a primary site ureter cancer,

(xi)

a primary site breast cancer,

(xii)

a primary site penile cancer,

(xiii)

a primary site pancreatic cancer,

(xiv)

a primary site thyroid cancer,

(xv)

multiple myeloma,

(xvi)

a primary site prostate cancer,

(xvii)

a primary site cervical cancer,

(xviii)

a primary site ovarian cancer,

(xix)

a primary site skin cancer, or

(xx)

an injury to the heart that manifests within 24 hours after attendance at an emergency response; and

(f)

"volunteer firefighter" means a volunteer member of a fire department or brigade admitted by the commission under the regulations and considered to be a worker.

2022 cW-11.1 s108 ; 2023 cT-6.2 s346

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Presumption

(1) Where a worker who is or has been a firefighter or a volunteer firefighter is diagnosed with a listed disease and is as a result disabled or the worker's death caused by a listed disease,

(

a) the listed disease is presumed to be due to the nature of the worker's employment as a firefighter or volunteer firefighter unless there is evidence to the contrary; and

(

b) the worker or dependents are entitled to compensation as if the listed disease were an injury and the date of disablement were the date of injury.

(2) The presumption in subsection (1) applies to a worker

(

a) who has been a firefighter or a volunteer firefighter for at least the cumulative period of service prescribed in the regulations; and

(

b) who has been regularly exposed to the hazards of a fire scene, other than a forest fire scene, throughout that period.

(3) In addition to the requirements in subsection (2), the presumption for primary site lung cancer applies only to a firefighter or volunteer firefighter who has not smoked a tobacco product in the 10 years immediately before the date of the diagnosis.

(4) Notwithstanding subsection (1), the presumption for primary site colorectal cancer does not apply to a firefighter or volunteer firefighter who is diagnosed with primary site colorectal cancer after the age of 61.

(5) An employer shall provide the information prescribed in the regulations to the commission in relation to a firefighter or volunteer firefighter who is diagnosed with a listed disease.

2022 cW-11.1 s109

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Health care

(1) There is no entitlement to health care under this

Part in respect of a firefighter or volunteer firefighter diagnosed with a listed disease where the health care is a service insured under the Medical Care and Hospital Insurance Act , the Hospital Insurance Regulations

and the Medical Care Insurance Insured Services Regulations.

(2) Nothing in subsection (1) affects the commission's authority under this Act to request information, records and reports and to provide payment for them as authorized by this Act.

2022 cW-11.1 s110

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Application

The presumption in

section 109 applies to

(

a) a firefighter who is diagnosed with a listed disease referred to in subparagraphs 108(e)(

i) to (xi) on or after December 14, 2015;

(

b) a volunteer firefighter who is diagnosed with a listed disease referred to in subparagraphs 108(e)(

i) to (xi) on or after January 1, 2017;

(

c) a firefighter or volunteer firefighter who is diagnosed with a listed disease referred to in subparagraphs 108(e)(xii) to (xix) on or after December 18, 2019; and

(

d) a firefighter or volunteer firefighter who is diagnosed with a listed disease referred to in subparagraph 108(e)(xx) on or after November 30, 2022.

2022 cW-11.1 s111

PART X

PRESUMPTION RESPECTING POST-TRAUMATIC STRESS DISORDER

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Post-traumatic stress disorder presumption

(1)In this Part,

(a)

"post-traumatic stress disorder" means post-traumatic stress disorder as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association;

(b)

"psychiatrist" means a medical practitioner who

(

i) has completed a residency in psychiatry,

(ii)

has been certified by the Royal College of Physicians and Surgeons of Canada,

(iii)

is registered with the licensing board in the jurisdiction in which the medical practitioner practices, and

(iv)

whose registration is not suspended, cancelled or withdrawn; and

(c)

"registered psychologist" means a person who

(

i) holds a master's or doctorate degree in psychology,

(ii)

is registered with the licensing board in the jurisdiction in which the person practices, and

(iii)

whose registration is not suspended, cancelled or withdrawn.

(2) Where a worker

(

a) is exposed to a traumatic event or events in the course of the worker's employment; and

(

b) is diagnosed with post-traumatic stress disorder by a psychiatrist or a registered psychologist,

the pos t-traumatic stress disorder shall be presumed, unless the contrary is shown, to be an injury that arose out of and in the course of the worker's employment.

(3) Notwithstanding subsection (2), post-traumatic stress disorder that may be the result of an employer's decision or action relating to the employment of a worker including a decision to change the work to be performed or the working conditions, to discipline the worker or to terminate the worker's employment does not constitute an injury.

2022 cW-11.1 s112

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Application

The presumption in

section 112 applies to injuries occurring on or after July 1, 2019.

2022 cW-11.1 s113

PART XI

INJURY FUND AND ASSESSMENTS

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Injury fund

(1) The injury fund is continued.

(2) Compensation, health care, administrative expenses and all other expenses under this Act and the regulations shall be paid out of the injury fund.

2022 cW-11.1 s114

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Classes of industry

(1) For the purpose of maintaining the injury fund the commission may

(

a) divide all industries into classes;

(

b) rearrange the classes of industries provided for in paragraph (a); and

(

c) tr ansfer an industry to another class.

(2) The commission shall assign an industry to its appropriate class and, where an industry includes several activities assignable to different classes, the commission may assign the industry to the class of its principal activity or may divide the industry into 2 or more parts, assigning each to its proper class.

2022 cW-11.1 s115

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Subclasses

(1) The commission may establish different subclassifications and different rates among different kinds of industry in the same class or subclass that it considers appropriate.

(2) The assessment upon employers in a class or subclass are not required to be uniform and may be based on the hazard of each or of any of the industries included in the class or subclass.

2022 cW-11.1 s116

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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 7; 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)

the provisions of

Part II of the Canada Labour Code

and the regulations made under that Part, where the employer is bound by

Part II of the Canada Labour Code.

(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 is of the opinion that 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 pro