Newfoundland and Labrador Gazette, Part I — 1 September 2023 — Mineral Act Notice; Royal Newfoundland Constabulary Act Notice

NLG 2023-09-01

Newfoundland and Labrador — Gazette

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART I PUBLISHED BY AUTHORITY V ol. 98 ST. JOHN’S, FRIDAY , SEPTEMBER 1, 2023 No. 35 MINERAL ACT NOTICE Published in accordance with

section 62 of CNLR 1143/96 under the Mineral Act, RSNL1990 cM-12 as amended. Mineral rights to the following mineral licenses have reverted to the Crown: Mineral License 23797M held by Wayde Guinchard Mineral License 24898M held by Darrin Hicks Mineral License 25236M held by Shawn A. Ryan Mineral License 25708M held by Triassic Properties Ltd. Mineral License 25709M held by Triassic Properties Ltd. Mineral License 25710M held by Triassic Properties Ltd. Mineral License 25711M held by Triassic Properties Ltd. Mineral License 25712M held by Triassic Properties Ltd.

Mineral License 25713M held by Triassic Properties Ltd. Mineral License 25714M held by Triassic Properties Ltd. Mineral License 25770M held by Maximos Metals Corp. Mineral License 25772M held by Maximos Metals Corp. Mineral License 25773M held by Maximos Metals Corp. Mineral License 25778M held by Maximos Metals Corp. Mineral License 26833M held by Triassic Properties Ltd Mineral License 26834M held by Triassic Properties Ltd Mineral License 26835M held by Triassic Properties Ltd 345

Mineral License 26836M held by Triassic Properties Ltd Mineral License 26837M held by Triassic Properties Ltd Mineral License 26859M held by Provincial Energy Ventures Ltd (LLC) Mineral License 26860M held by Provincial Energy Ventures Ltd (LLC) Mineral License 26861M held by Provincial Energy Ventures Ltd (LLC) Mineral License 31407M held by Glenn Warren Mineral License 31505M held by Blake Morgan Mineral License 32119M held by Blake Morgan Mineral License 32165M held by Darrin Hicks Mineral License 32261M held by Stephen Tsang Mineral License 32273M held by Wheeler Resources Inc.

Mineral License 32274M held by Wheeler Resources Inc. Mineral License 32275M held by Wheeler Resources Inc. Mineral License 32302M held by Triassic Properties Ltd Mineral License 32532M held by Stephen Sheppard Mineral License 33117M held by Krinor Resources Inc. Mineral License 33118M held by Amanda McCallum Mineral License 33888M held by Dylan Oram Mineral License 33890M held by Dylan Oram Mineral License 33896M held by Dylan Oram Mineral License 33926M held by Patrick J.

Laracy Mineral License 33927M held by Megan Laracy Mineral License 33928M held by Karen Laracy Mineral License 34092M held by Mike Noseworthy Mineral License 34095M held by Perry MacKinnon Mineral License 34096M held by Neal Blackmore Mineral License 34098M held by Perry MacKinnon Mineral License 34099M held by Chad Kennedy Mineral License 34104M held by James Rogers Mineral License 34105M held by James Rogers Mineral License 34115M held by Alex Bailey Mineral License 34116M held by Alex Bailey Mineral License 34120M held by George J.

Mercer Mineral License 34124M held by Stephen Sheppard Mineral License 34126M held by Natasha Khan Fox Mineral License 34151M held by Chad Kennedy Mineral License 34152M held by Darrin Hicks Mineral License 34153M held by Darrin Hicks Mineral License 34154M held by Darrin Hicks Mineral License 34155M held by Darrin Hicks Mineral License 34156M held by Stephen Sheppard THE NEWFOUNDLAND AND LABRADOR GAZETTE September 1, 2023 346

Mineral License 34166M held by Long Range Exploration Corporation Mineral License 34173M held by Cameron Hicks Mineral License 34175M held by Christopher Ryan Paul Mineral License 34202M held by Alex Bailey Mineral License 34203M held by Alex Bailey Mineral License 34204M held by Alex Bailey Mineral License 34261M held by Jeff Burke Mineral License 36390M held by Anteros Metals Inc.

The lands covered by this notice except for the lands within Exempt Mineral Lands, the Exempt Mineral Lands being described in CNLR 1143/96 and NLR 71/98, 104/98, 97/00, 36/01, 31/04, 78/06, 8/08, 28/09, 5/13, 3/17 and 12/22 and outlined on 1:50 000 scale digital maps maintained by the Department of Industry, Energy and Technology, will be open for staking after the hour of 9:00 a.m. on the 32nd clear day after the date of this publication.

DEPARTMENT OF INDUSTRY , ENERGY AND TECHNOLOGY Trina Adams, Mineral Claims Recorder Sept 1 ROYAL NEWFOUNDLAND CONSTABULARY ACT NOTICE OF PUBLIC HEARING TAKE NOTICE that pursuant to

section 32 of the Royal Newfoundland Constabulary Act, 1992, a Public Hearing will commence on Monday, September 18, 2023, 1 :00 p.m., at the Beothuk Building, 20 Crosbie Place, St. John’s, Newfoundland and Labrador. Any member of the Public requiring further information should call the office of the RNC Public Complaints Commission at telephone number (709) 834-6171. RNC PUBLIC COMPLAINTS COMMISSION Twila E. Reid, Commissioner Sept. 1 LANDS ACT NOTICE OF INTENT,

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries, Forestry and Agriculture Branch, to acquire title, pursuant to

section 7(2) (

d) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Atlantic Ocean (Strong’s Tickle), for the purpose of a recreational cottage. The application may intrude on the 15 metre shoreline of the above mentioned water body(

s) in various locations. For a detailed map, please see website: https://www.gov.nl.ca/ffa/ lands/sec7notifications/. Please note: It may take up to five (5) days from the date of application for details to appear on the website.

Any person wishing to object to the application must file the objection in writing with reasons, within 30 days from the publication of notice on the Department of Fisheries, Forestry and Agriculture website, Crown Lands, https:// www.gov.nl.ca/ffa/lands/, to the Minister of Department of Fisheries, Forestry and Agriculture by mail or email to the nearest Regional Lands Office: ● Eastern Regional Lands Office, P.O. Box 8700, Howley Building, Higgins Line, St. John’s, NL, A1B 4J6 Email: easternlandsoffice@gov.nl.ca ● Central Regional Lands Office, P.O.

Box 2222, Gander, NL, A1V 2N9 Email: centrallandsoffice@gov.nl.ca ● Western Regional Lands Office, P.O. Box 2006, Sir Richard Squires Building, Corner Brook, NL, A2H 6J8 Email: westernregionlands@gov.nl.ca ● Labrador Regional Lands Office, P.O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labradorlandsoffice@gov.nl.ca (DISCLAIMER: The Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT as received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) Sept.1 NOTICE OF INTENT,

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries, Forestry and Agriculture Branch, to acquire title, pursuant to

section 7(2) (

a) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Belleoram, for the purpose of a access road to quarry. THE NEWFOUNDLAND AND LABRADOR GAZETTE September 1, 2023 347

The application may intrude on the 15 metre shoreline of the above mentioned water body(

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries, Forestry and Agriculture Branch, to acquire title, pursuant to

section 7(2) (

a) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of Belleoram, for the purpose of a wharf. The application may intrude on the 15 metre shoreline of the above mentioned water body(

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries, Forestry and Agriculture Branch, to acquire title, pursuant to

section 7(2) (

d) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of an unnamed lake/Labrador, for the purpose of a boathouse and wharf. The application may intrude on the 15 metre shoreline of the above mentioned water body(

● Labrador Regional Lands Office, P.O. Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labradorlandsoffice@gov.nl.ca (DISCLAIMER: The Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT as received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) Sept.1 NOTICE OF INTENT,

SECTION 7 LANDS ACT, SNL1991 c36 AS AMENDED NOTICE IS HEREBY given that an application has been made to the Department of Fisheries, Forestry and Agriculture Branch, to acquire title, pursuant to

section 7(2) (

d) of the said Act, to that piece of Crown lands situated within 15 metres of the waters of an Southwestern/ North West Brook/ Trinity Bay, for the purpose of floating docks. The application may intrude on the 15 metre shoreline of the above mentioned water body(

Box 3014, Station “B”, Happy Valley-Goose Bay, NL, A0P 1E0 Email: labradorlandsoffice@gov.nl.ca (DISCLAIMER: The Newfoundland and Labrador Gazette publishes a NOTICE OF INTENT as received from the Applicant and takes no responsibility for errors or omissions in the property being more particularly described.) Sept.1 WAREHOUSER’S LIEN ACT NOTICE OF PUBLIC AUCTION TAKE NOTICE that due to indebtedness incurred to Corner Brook Self Storage & Rental Ltd, pursuant to The Warehouser’ s Lien Act, bids will be accepted on the contents of Unit A-01 consisting of domestic items belonging to Raymond Frampton.

Auction to be held Sept 14, 2023, at 5:00 p.m. Bidding details can be obtained at: Corner Brook Self Storage & Rental 6 Lundrigan Dr. Corner Brook, NL (709) 639-4292 Potential bidders are encouraged to call in advance in case indebtedness is resolved before auction. Bidders must pre-register prior to 4:30 p.m. on Sept. 14, 2023. CASH ONLY . Sept. 1 THE NEWFOUNDLAND AND LABRADOR GAZETTE September 1, 2023 349

THE NEWFOUNDLAND AND LABRADOR GAZETTE

PART II SUBORDINATE LEGISLATION FILED UNDER THE STATUTES AND SUBORDINATE LEGISLATION ACT V ol. 98 ST. JOHN’S, FRIDAY , SEPTEMBER 1, 2023 No. 35 NEWFOUNDLAND AND LABRADOR REGULATIONS NLR 64/23 NLR 65/23 NLR 66/23 NLR 67/23 NLR 68/23

NEWFOUNDLAND AND LABRADOR REGULATION 64/23 Construction Industry Early and Safe Return to Work and Re-employment Repeal Regulations under the Workplace Health, Safety and Compensation Act (O.C. 2023-207) (Filed August 31, 2023) Under the authority of p aragraph 123(2.1)(

b) of the Workplace Health, Safety and Compensation Act , the Workplace Health, Safety and Compensation Commission, with the approval of the Lieutenant - Governor in Council, makes the following regulations. Dated at St. John’s, August 30, 2023. John Peddle Chairperson of the Workplace Health, Safety and Compensation Commission Krista Quinlan Clerk of the Executive Council 471 The Newfoundland and Labrador Gazette September 1, 2023

Construction Industry Early and Safe Return to Work Re-employment Repeal Regulations 64/23 REGULATIONS Analysis 1.

Short title 2. Repeal 1. These regulations may be cited as the Construction I ndustry Early and Safe Return to Work and Re -employment Repeal Regulations. 2. The Construction Industry Early and Safe Return to Work and Re -employment Repeal Regulation s, N ewfoundland and Labrador Regulations 77/02 are repealed. ©King's Printer

Short title Repeal 472 The Newfoundland and Labrador Gazette September 1, 2023

NEWFOUNDLAND AND LABRADOR REGULATION 65/23 Wind Energy Land Reserve Order (Amendment) No. 2 under the Lands Act (O.C. 2023-211) (Filed August 31, 2023) Under the authority of subsection 8(2) of the Lands Act, the minister, with the approval of the Lie utenant-Governor in Council , makes the following Order. Dated at St. John’s, August 30, 2023. Elvis Loveless Minister of Fisheries, Forestry and Agriculture Krista Quinlan Clerk of the Executive Council ORDER Analysis 1. Sch. R&S 473 The Newfoundland and Labrador Gazette September 1, 2023

Wind Energy Land Reserve Order (Amendment) No. 2 65/23 1. The

Schedule to t he Wind Energy Land Reserve Order is repealed and the following substituted:

SCHEDULE All that piece or parcel of land containing approximately 653,365 hectares, more or less, as depicted on the Provincial Land Use Atlas. ©King's Printer NLR 86/22 as amended 474 The Newfoundland and Labrador Gazette September 1, 2023

NEWFOUNDLAND AND LABRADOR REGULATION 66/23 Workplace Health, Safety and Compensation Administrative Regulations under the Workplace Health, Safety and Compensation Act, 2022 (O.C. 2023-209) (Filed August 31, 2023) Under the authority of

section 150 of the Workplace Health, Safety and Compensation Act , 2022, the Workplace Health, Safety and Compensation Commission, with the approval of the Lieutenant - Governor in Council, makes the following regulations. Dated at St. John’s, August 30, 2023. John Peddle Chairperson of the Workplace Health, Safety and Compensation Commission Krista Quinlan Clerk of the Executive Council 475 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23 REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Approval required 4. Exclusions from Act 5. Commercial fishers 6. Interpretative provision for Act 7. Determination of fisher's earnings 8. Assessment of fishers 9. Payment to fisher protected 10. Registration required 11. Responsibility of vessel owner 12. Report of vessel's master 13. Vessel owner to pay expenses 14. Educational institutions 15. Payment in death of worker 16. Compensation of surviving spouse 17. Determination of benefits payable upon death of worker 18. Commission to pay expenses 19. Limit to compensation 20. Maximum compensable assessable earnings 21. Occupational diseases 22.

Minimum assessment 23. Statements of payroll 24. Fishing and logging industry reports 25. Payroll estimate adjustments 26. Deductions from payroll 27. Statement 28. Permanent disability benefits 29. Recovery of assessments 30. Commencement 1. These regulations may be cited as the Workplace Health, Safety and Compensation Administrative Regulations. 2. In these regulations (a) "Act" means the Workplace Healt h, Safety and Compensation Act, 2022; (b) "commercial fisher" means (

i) a master or member of a crew of a licensed commercial fishing vessel, (ii) a master or member of a crew of a vessel which is engaged in fish packing, fish collecting or fish buying for commercial sale or use, or (iii) a fisher who in the opinion of the commission contributes to the catching or landing of fish for commercial sale or use and who (

A) in the course of the fisher's occupation as a fisher, contributes to the catching or landing of fish for

Short title

Definitions 476 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23 arrival in ports of the province for sale or use by a fish processing establishment or other commercial buyer or commercial recipient of fish, (

B) in the course of the fisher's occupation as a fisher, receives payment in the province for fish or for the fisher's contribution to the catching or landing of fish from a person engaged within the province in transmitting payments to fishers as a result of the commercial sale or use of fish, (

C) has made arrangements with the commission for the payment of assessments calculated by reference to the fisher's earnings from fishing, or (

D) notwithstanding these regulations, would be both a worker as defined in the Act and a fisher; (c) "commercial buyer" means a person who buys fish for resale or commercial use but excludes a person who buys fish for personal or family consumption; (d) "commercial recipient" means a person who receives fish for resale or commercial use but excludes a person who receives fish for personal or family consumption; (e) "commercial sale" means a sale to a person who buys fish for resale or commercial use but excludes a sale to a person who buys fish for personal or family consumption; (f) "fish" means a species of animal living in water; (g) "fisher" means a perso n who contributes in any manner to the catching or landing of fish; (h) "fishing vessel" means a vessel used in catching fish or collecting and transporting fish for landing; (i) "off-season" means the period during which a fisher has ceased operations, with a reasonable period for preparing and concluding the season's work, unless emergency circumstances prevail; 477 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23 (j) "permanent disability benefits" means permanent partial or permanent total disability benefits payable under the Act ; and (k) "reportable injury" means an injury required to be reported to the commission under

section 65 of the Act. 3.

(1) Where an expenditure under

section 11 of the Act equals or exceeds the amount of $100,000, the approval of the Lieutenant - Governor in Council is required.

(2) For the purpose of this section, reference to an expenditure, is a reference (

a) in the case of an acquisition, sale or dealing , to each individual acquisition, sale or dealing; and (

b) in the case of a lease, to each individua l payment in respect of the lease. 4. The following types of employment and occupations are excluded from the application of the Act (

a) employment by a person in respect of construction or renovation of a private residence, where the residence is or is intended to be used as a private residence of the person; (

b) employment by a person in respect of a function in a private residence of the person; and (

c) professional sports competitors. 5.

(1) Except to the exte nt varied by these regulations or other regulations made under the Act, all provisions of the Act relating to workers shall apply to commercial fishers.

(2) For the purpose of the Act, a commercial fisher's employment includes work activities directly related to the commercial fisher's occupation as a commercial fisher during the commercial fisher's normal fishing season but does not include off -season activities unless special coverage has been obtained from the commission. Approval required Exclusions from Act Commercial fishers 478 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23

(3) A commercial fisher is not to be considered to be in the course of employment during the off-season. 6.

(1) For the purpose of

section 52 of the Act (a) "employer" includes a person required to pay assessments under

section 8 and a person included in

section 11, but does not include a commercial fisher; and (b) "worker" includes a commercial fisher.

(2) Section 59 of the Act does not apply to a commercial fisher.

(3) For the purpose of sections 65 and 98 of the Act, the employer in respect of a fishing vessel owned or chartered by a commercial buyer or commercial recipient of fish is the vessel owner or charterer. 7. Average earnings in respect of a commercial fisher shall be determined in accordance with

section 8 9 of the Act with reference to earnings from fishing in relation to which assessments have been paid or are required to be paid to the time of injury. 8.

(1) Unless the commission otherwise determines, (

a) a fish processing esta blishment licensed or required to be licensed under the Fish Inspection Act, which directly or indirectly acquires fish from a commercial fisher, shall pay assessments on the fish acquired, except where the fish are acquired from another fish processing establishment; (

b) a commercial buyer or commercial recipient who acquires fish from a commercial fisher other than (

i) for resale to a fish processing establishment, or (ii) as an agent for a fish processing establishment, shall pay assessments on the fish acquired; (

c) a person who engages the services of a master or crew for a fishing vessel shall pay assessments on earnings of the Interpretative provision for Act Determination of fisher's earnings Assessment of fishers 479 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23 master or crew in respect of which assessments are not paid or payable under paragraph (

a) or (b); and (

d) a person engag ed within the province in transmitting payment to a commercial fisher from the commercial sale of fish landed outside the province shall pay assessments on the payment.

(2) Assessments shall be paid on the total wages, price or other payments made payable to or on behalf of a commercial fisher and shall be calculated and determined, and the commission notified, in the manner that the commission may require.

(3) Priority of the commission in respect of an assessment from a person referred to in subsection (1) vests in the commission (

a) in relation to a fish processing establishment, a commercial buyer or a commercial recipient, on the day the fish is acquired; (

b) in relation to a person engaging a master or crew, on the day the master or crew receive th e earnings in respect of which the assessments are paid; and (

c) in relation to a person transmitting payment to a commercial fisher as described in paragraph (1)(d), on the day the commercial fisher receives the payment transmitted.

(4) The fish process or, the commercial buyer and the commercial recipient are liable for the amount of the assessment in respect of the value of the fish purchased and the commission may levy upon and collect the assessment from one or more of them. 9. A sum payable for assessments shall not be deducted from a payment due to a commercial fisher. 10. A person required to pay assessments under

section 8 shall register with the commission and provide information that the commission may require. 11.

(1) A fishing vessel owner shall comply with the Act and regulations and orders and directions issued under the Act in respect of fishing vessels. Payment to fisher protected Registration required Responsibility of fishing vessel owner 480 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23

(2) Notwithstanding subsection (1), in addition to or instead of the fishing vessel owner, the commission may require that one or more of the following persons comply w ith the Act and regulations and orders and directions issued under the Act in respect of fishing vessels: (

a) the master of the fishing vessel; (

b) a commercial fisher; (

c) the fishing vessel charterer; (

d) a person engaged in the construction, repair or maintenance of fishing vessels; or (

e) another person who works in or contributes to the production of the fishing industry. 12. Where the master of a fishing vessel receives a report under

section 65 of the Act, or becomes aware that a member of the crew has died or sustained an injury, the master of the fishing vessel shall immediately report th e death or injury to the owner or charterer of the fishing vessel or, where that is impracticable, to the commission. 13. Where a person transports an injured fisher in accordance with

section 98 of the Act , the expens e of transporting the injured fisher shall be paid by the owner of the fishing vessel on which the fisher is injured or, where the fishing vessel is chartered, by the charterer of the fishing vessel on which the fisher is injured or, in default of payment by the owner or charterer of the fishing vessel, the master of the fishing vessel. 14. For the purpose of subsection 49(1) of the Act, the following are educational institutions: (

a) Memorial University of Newfoundland; (

b) College of the North Atlantic; (

c) Centre for Nursing Studies; (

d) Western Regional School of Nursing; and (

e) a school as defined by the Schools Act, 1997. Report of master of fishing vessel Fishing vessel owner to pay expenses Educational institutions 481 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23 15.

(1) Where the death of a worker results from an injury , a dependent spouse who survives the worker is entitled to (

a) a lump sum payment equal to 26 times the worker's average weekly net earnings at the time of injury or $15,000, whichever is greater; and (

b) for the period (

i) from July 1, 1996 to March 31, 2018, compe nsation in an amount equal to 80% of the worker's average weekly net earnings at the time of the injury less a survivor's pension payable to the surviving spouse under the Canada Pension Plan or the Quebec Pension Plan , payable periodically until the date that the worker would have reached 65 years of age, and (ii) after March 31, 2018, compensation in an amount equal to 85% of the worker's average weekly net earnings at the time of the injury less a survivor's pension payable to the surviving spouse under the Canada Pension Plan or the Quebec Pension Plan , payable periodically until the date that the worker would have reached 65 years of age.

(2) Where the death of a worker results from an injury and the worker is survived only by one or more dependent children, in addition to compensation payable under

section 8 0 of the Act , the dependent children are entitled to share equally in a lump sum payment equal to 26 times the worker's average weekly net earnings at the time of injury or $15,000, whichever is gr eater, and the payment shall be paid to the guardian of the property of the children.

(3) Where a surviving spouse in receipt of a benefit under this

section dies leaving one or more dependent children of the worker under the age of 18 years, the compensation payable under paragraph (1)(

b) shall be paid to the guardian of the property of the children until the youngest child reaches the age of 18 years.

(4) Notwithstanding subsections (1) and (2), where the worker is 63 years old or more at the time of de ath, the periodic compensation under paragraph (1)(

b) shall be provided for a period of not more than 2 years following the death of the worker. Payment in death of worker 482 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23

(5) Nothing in this

section affects the right of a dependent to continue to receive benefits to which the dependent was entitled to before July 1, 1996 and to increases to those benefits which may be provided under subsection 75(2) of the Act.

(6) This

section applies where the death of a worker results from an injury that occurred after June 30, 1996. 16.

(1) A surviving spouse who is receiving or has previously received periodic compensation in respect of the death of a worker, regardless of the date of the injury, shall be entitled to a minimum level of compensation from September 1, 1998, payable periodically until (

a) the surviving spouse reaches 65 years of age, where the death of the worker results from an injury which occurred on or before June 30, 1996; or (

b) the date that the deceased worker would have reached 65 years of age, where the death of that worker results from an injury which occurred after June 30, 1996, and after that, a surviving spouse may continue to receive compensation, if payable, according to the system of survivor’s benefits applicable to the worker’s fatality.

(2) The minimum compensation payable shall be equivalent to $200 per week less (

a) the gross weekly value of a survivor’s pension payable to the surviving spouse under the Canada Pension Plan or the Quebec Pension Plan; and (

b) the gross weekly value of a survivor’s pension payable to the surviving spouse under an employer-sponsored pension plan.

(3) The amount payable to a surviving spouse under this

section may be reviewed and adjusted to reflect changes in the survivor’s pensions payable to the surviving spouse.

(4) To be eligible to receive the minimum compensation a surviving spouse shall provide proof satisfactory to the commission of the receipt or non -receipt of the survivor’s pensions referred to in subsection (2). Compensation of surviving spouse 483 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23

(5) Notwithstanding subsection (1), a surviving spouse shall not be entitled to the minimum compensation if (

a) the surviving spouse was only eligible for lump sum compensation in respect of the death of a worker; or (

b) the surviving spouse's periodic compensation was terminated for reasons other than the date of birth or age of the surviving spouse, the worker or the worker's dependent children. 17. Where a worker dies from an injury, the benefits payable to a dependent of the worker on the worker's death shall be determined according to the regulations in force at the time the worker sustained the injury causing death. 18.

(1) Notwithstanding

section 17, where a worker dies as a resul t of an injury, the commission shall pay expenses for the burial of the worker or for a memorial service held for the worker, up to a maximum of $10,000 where the death occurs on or after January 1, 2019.

(2) Notwithstanding

section 17 and subsection (1), where a worker dies as a result of an injury, the commission shall pay expenses for the burial of the worker or for a memorial service held for the worker, up to a maximum of $5,000 where the death occurred on or after May 28, 1998 but before January 1, 2019. 19.

(1) A surviving dependent spouse, entitled to compensation by reason of the death of a worker, is not entitled to further compensation as a dependent of another worker.

(2) Notwithstanding subsection (1), a person who is in receipt of compensation as the result of the death of a previous spouse is entitled to receive the compensation payable as a result of the death of the person's current spouse where the present value of that compensation exceeds the present value of th e compensation the person is receiving, calculated by the commission as of the date of death of the current spouse.

(3) Where compensation is paid under subsection ( 2), compensation being paid as a result of the death of a previous spouse shall cease. Determination of benefits payable upon death of worker Commission to pay expenses Limit to compensation 484 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23

(4) Where compensation is not paid under subsection ( 2), compensation being paid as a result of the death of a previous spouse continues where the person continues to be entitled to receive it and the commission may pay the amount specified in the applicable regulation for burial or memorial expenses.

(5) Compensation payable to a person under subsection 75(3) of the Act shall cease when a person becomes entitled to compensation as a surviving spouse of a worker. 20. The maximum compensable assessable earnings for 2015 and each year after that shall be calculated annually in accordance with the following formula: MCAE = (PMCAE x (Percent change in CPI/100)) where MCAE means the maximum compensable assessable earnings PMCAE means the maximum compensable assessable earnings for the previous year Percent change in CPI means the percent difference, rounded to one decimal place, between (

i) the average monthly Consumer Price Index as published for Canada by Statistics Canada for the 12 month July to June period immediately preceding the year of the maximum compensable assessable earnings calculation, and (ii) the average monthly Consumer Price Index as published for Canada by Statistics Canada for the 12 month July to June period immediately preceding the period referred to in subparagraph (i). 21.

(1) For the purpose of subsection 104(2) of the Act , the commission has set out the following occupational diseases and associated processes: Maximum compensable assessable earnings Occupational diseases 485 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23 Occupational Disease Description of Process 1. Pneumoconiosis caused by sclerogenic mineral dust (silicosis, anthraco-silicosis, asbestosis) and silicio-tuberculosis, provided that silicosis is an essential factor in causing the resultant incapacity or death. All work involving exposure to the risk concerned. 2. Bronchopulmonary diseases caused by hard metal dust. All work involving exposure to the risk concerned. 3. Bronchopulmonary diseases caused by cotton dust (byssinosis), or flax, hemp or sisal dust.

All work involving exposure to the risk concerned. 4. Occupational asthma caused by sensitizing agents or irritants both recognized in this regard and inherent in the work process. All work involving exposure to the risk concerned. 5. Extrinsic allergic alveolities and its sequelae caused by the inhalation of organic dusts, as prescribed by national legislation. All work involving exposure to the risk concerned. 6. Diseases caused by beryllium or its toxic compounds. All work involving exposure to the risk concerned. 7. Diseases caused by cadmium or its toxic compounds.

All work involving exposure to the risk concerned. 8. Diseases caused by phosphorus or its toxic compounds. All work involving exposure to the risk concerned. 9. Diseases caused by chromium or its toxic compounds. All work involving exposure to the risk concerned. 10. Diseases caused by manganese or its toxic All work involving exposure to the risk concerned. 486 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23 compounds. 11. Diseases caused by arsenic or its toxic compounds. All work involving exposure to the risk concerned. 12. Diseases caused by mercury or its toxic compounds. All work involving exposure to the risk concerned. 13. Diseases caused by lead or its toxic compounds. All work involving exposure to the risk concerned. 14. Diseases caused by fluorine or its toxic compounds. All work involving exposure to the risk concerned. 15. Diseases caused by carbon disulfide. All work involving exposure to the risk concerned. 16.

Diseases caused by the toxic halogen derivatives of aliphatic or aromatic hydrocarbons. All work involving exposure to the risk concerned. 17. Diseases caused by benzene or its toxic homologues. All work involving exposure to the risk concerned. 18. Diseases caused by toxic nitro and amio-derivatives of benzene or its homologues. All work involving exposure to the risk concerned. 19. Diseases caused by nitroglycerin or other nitric acid esters. All work involving exposure to the risk concerned. 20. Diseases caused by alcohols, glycols or ketones. All work involving exposure to the risk concerned. 21.

Diseases caused by asphyxiants including (

a) carbon monoxide; (

b) hydrogen cyanide or its toxic derivatives; or (

c) hydrogen sulfide. All work involving exposure to the risk concerned. 22. Hearing impairment caused by noise. All work involving exposure to the risk concerned. 487 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23 23. Diseases caused by vibration (disorders of muscles, tendons, bones, joints, peripheral blood vessels or peripheral nerves). All work involving exposure to the risk concerned. 24. Diseases caused by work in compressed air. All work involving exposure to the risk concerned. 25. Diseases caused by ionizing radiations. All work involving exposure to the action of ionizing radiations. 26. Skin diseases caused by physical, chemical or biological agents not included under other items. All work involving exposure to the risk concerned. 27.

Primary epitheliomatous cancer of the skin caused by tar, pitch, bitumen, mineral oil, anthracene, or the compounds, products or residues of these substances. All work involving exposure to the risk concerned. 28. Lung cancer or mesotheliomas caused by asbestos. All work involving exposure to the risk concerned. 29. Infectious or parasitic diseases contracted in an occupation where there is a particular risk of contamination. (

a) health or laboratory work; (

b) veterinary work; (

c) work handling animals, animal carcases, parts of those carcases, or merchandise which may have been contaminated by animals, animal carcases, or parts of such carcases; and (

d) other work carrying a particular risk of contamination. 30. Cancer of the esophagus and cancer of the larynx caused by exposure to metal working fluids. All work involving exposure to the risk concerned. 488 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23

(2) In the application of th e Table in subsection (1) , the degree and type of exposure should be taken into account when appropriate. 489 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23 22. Where an assessment at a provisional or adjusted rate would be less than $50, an e mployer shall be assessed a minimum assessment of $50. 23.

(1) Under subsection 123(2) of the Act, certified statements of payroll shall be signed by the employer or manager of the business or, where the employer is a corporation, b y an officer of the corporation having a knowledge of the matter in the declaration, and shall be submitted to the commission no later than (a) 30 days after becoming an employer under the Act; and (

b) the last day of February of each subsequent year.

(2) An employer who fails to comply with subsection (1) shall be liable for an additional assessment in accordance with the following table: Amount of Assessment Payable Penalty $50 - $999 $50 $1,000 - $4,999 $100 $5,000 - $49,999 $500 $50,000 - $99,999 $1,000 $100,000 - and over $2,000

(3) In addition to a penalty imposed under subsection ( 2), the commission may impose a penalty of 10% of that penalty for each day during which the failure to comply with this

section continues.

(4) A penalty impo sed on an employer under this

section may be added to the employer’s assessment and payment enforced under

section 140 of the Act. 24.

(1) Notwithstanding

section 2 3, an employer in the fishing industry shall submit a certified statement with respect to fish purchases, and an employer in the logging industry shall submit a certified statement with respect to pulpwood and logging production, to the commission (

a) for the first quarter of the year, not later than April 15; Minimum assessment Statements of payroll Fishing and logging industry reports 490 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23 (

b) for the second quarter of the year, not later than July 15; (

c) for the third quarter of the year, not later than October 15; and (

d) for the fourth quarter of the year, not later than January 15.

(2) An employer who fails to comply with sub section (1) shall be liable for an additional assessment in accordance with the following table: Quarterly Assessment Amount Penalty $12.50 - $249.99 $12.50 $250.00 - $1,249.99 $25.00 $1,250.00 - $12,499.99 $125.00 $12,500.00 - $24,999.99 $250.00 $25,000.00 - and over $500.00

(3) In addition to a penalty imposed under subsection ( 2), the commission may impose a penalty of 10% of that penalty for each day during which the failure to comply with this

section continues.

(4) A penalty imposed on an empl oyer under this

section may be added to the employer’s assessment and payment enforced under

section 140 of the Act. 25.

(1) Where the actual payroll of an employer is more than 125% of the estimated payroll provided by the em ployer under paragraph 123(2)(

b) of the Act, the employer shall pay a penalty equal to 10% of the difference between the actual assessment and 125% of the estimated or provisional assessment.

(2) The penalty referred to in subsection (1) shall be added to the employer's assessment.

(3) Notwithstanding subsection (1), where the amount of the penalty calculated in accordance with subsection (1) is less than $50 the employer is not required to pay a penalty. 26. In calculating and ad justing the amount of the payroll of an employer under

section 124 of the Act, an amount in excess of the maximum assessable compensable earnings paid to a worker shall be Payroll estimate adjustments Deduction from payroll 491 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Administrative Regulations 66/23 deducted from the amount of the payroll and the assessment shall be based on the payroll as reduced. 27. At the end of each year , a principal shall provide a statement to the commission which shall include the names of all persons to whom contracts were given during the previous year and details of those contracts in the form required by the commission. 28.

(1) Where permanent disability benefits are bein g paid to a worker in respect of an injury which occurred before January 1, 1984, those benefits may, after December 31, 1985, (

a) where there is no loss of earnings as a result of the injury, be converted to a lump sum payment based on the capitalized reserve established to sustain the permanent disability benefits, subject to the conversion being acceptable to the injured worker; (

b) where there is a demonstrated or considered loss of earnings as a result of the injury, be integrated into loss of earnings benefits; or (

c) where necessary or appropriate, be determined by using a combination of paragraphs (

a) and (b).

(2) In no case shall the c onversion of benefits under subsection (1) result in a decrease in the amount of benefits being paid immediately before the conversion. 29. All penalties, assessments and amounts that may be assessed, imposed or recovered under th ese regulations may be recovered in the name of the commission in a court, but the commission, where satisfied that a default referred to in these regulations was excusable, may relieve the employer in whole or in part of a penalty. 30.

These regulations come into force on September 1, 2023. ©King's Printer Statement Permanent disability benefits Recovery of assessments Commencement 492 The Newfoundland and Labrador Gazette September 1, 2023

NEWFOUNDLAND AND LABRADOR REGULATION 67/23 Workplace Health, Safety and Compensation Regulations, 2023 under the Workplace Health, Safety and Compensation Act, 2022 (O.C. 2023-208) (Filed August 31, 2023) Under the authority of

section 149 of the Workplace Health, Safety and Compensation Act, 2022, the Lieutenant -Governor in Council makes the following regulations. Dated at St. John’s, August 30, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Volunteer firefighters 4. When volunteer firefighters are covered 5. Volunteer ambulance service 6. When volunteer ambulance service members are covered 7. Volunteer search and rescue members 8. When search and rescue members are covered 9. Auxiliary constables 10. When auxiliary constables are covered 11. Lump sum payment 12. Service periods 493 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Regulations, 2023 67/23 13. Documentation required 14. Late payment penalty 15. Deferred payment arrangement 16. Additional assessment 17. Recovery of assessments 18. Repeal 19. Commencement 1. These regulations may be cited as the Workplace Health, Safety and Compensation Regulations, 2023. 2. In these regulations, (a) "Act" means the Workplace Health, Safety and Compensation Act, 2022; (b) "CASARA-NL" means the Civil Air Search and Rescue Association of Newfoundland and Labrador; and (c) "NLSARA" means the Newfoundland and Labrador Search and Rescue Association Inc. 3. The commission may apply the provi sions of the Act in t he manner set out in

section 4 to a volunteer fire department or brigade where the municipality in which the volunteer fire department or brigade is located and serves applies to the commission requesting that the Act apply. 4.

(1) For the purpose of the Act, where the commission has admitted a volunteer fire department or brigade (

a) the members of the department or brigade who are certified as that by an official of the municipality shall be considered workers; and (

b) the municipality that makes the application for admission of the department or brigade shall be considered the employer.

(2) The members of a volunteer fire department or brigade are considered to be in the course of their em ployment from the time they leave their residence or place of employment to respond to an emergency call until they have completed those activities required to respond to that emergency call.

(3) The members of a volunteer fire department or brigade are also considered to be in the course of their employment while (

a) carrying out duties and responsibilities assigned by their employer or its delegate;

Short title

Definitions Volunteer firefighters When volunteer firefighters are covered 494 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Regulations, 2023 67/23 (

b) repairing and maintaining firefighting equipment on the premises of the department or brigade; and (

c) attending educational and training sessions which have been sanctioned by the Office of the Fire Commissioner.

(4) The members of a volunteer fire department or brigade are not considered to be in the course of their employment while involved in fundraising activities on behalf of the department or brigade.

(5) An employer shall annually , before January 1 and at the other times that the commission requires, notify the commission of the number of members of the volunteer fire department or brigade certified under paragraph (1)(a). 5. The commission may apply the provisions of the Act in the manner set out in

section 6 to a municipally -sponsored or independent community volunteer ambulance service certified under the Motor Carrier Act and regulations where the municipality in which the volunteer ambulance service is located and serves applies to the commission requesting that the Act apply. 6.

(1) For the purpose of the Act , where the commission has admitted a volunteer ambulance service (

a) the members of th e service who are designated as that by an official of the Department of Health and Community Services shall be considered workers; and (

b) the ambulance service that makes the application for admission of the ambulance service shall be considered the employer.

(2) The members of the volunteer ambulance service are considered to be in the course of their employment from the time they leave their residence or place of employment to respond to a n emergency call until they have completed those activities required to respond to that emergency call.

(3) The members of a volunt eer ambulance service are also considered to be in the course of their employment while Volunteer ambulance service When volunteer ambulance service members are covered 495 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Regulations, 2023 67/23 (

a) carrying out duties and responsibilities of a member of a volunteer ambulance service as assigned by their employer or its delegate; (

b) repairing and maintaining ambulance or other equipment related to the ambulance service; and (

c) attending educational and training sessions which have been sanctioned by the Department of Health and Community Services.

(4) The members of a volunteer ambulance service are not considered to be in the course of their employment while involved in fundraising activities on behalf of the volunteer ambulance service.

(5) An employer shall annually , before January 1 and at the other times that the commission requires, notify the commission of the number of members of the volunteer ambulance service designated under paragraph (1)(a). 7. The commission may apply the provisions of the Act in the manner set out in

section 8 to NLSARA or CASARA -NL where the Department of Justice and Public Safety applies to the commission requesting that the Act apply. 8.

(1) For the purpose of the Act, where the commission has admitted NLSARA or CASARA-NL (

a) the members of NLSARA or CASARA- NL who are designated by an official of the Department of Justice and Public Safety shall be considered workers; and (

b) the Department of Justice and Public Safety shall be considered the employer.

(2) The members of NLSARA or CASARA -NL are considered to be in the course of their employment from the time they leave their residence or place of employment to respond to a n emergency call as tasked by the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police until they have completed those activities required to respond to that emergency call. Volunteer search and rescue members When search and rescue members are covered 496 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Regulations, 2023 67/23

(3) The members of NLSARA and CASARA-NL are also considered to be in the course of their employment while (

a) carrying out search and rescue activities including evidence searches as tasked by the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police; and (

b) attending educational and training sessions which have been sanctioned by the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police.

(4) The members of NLSARA and CASARA- NL are not considered to be in the course of their employment while involved in fundraising activities on behalf of NLSARA or CASARA-NL.

(5) The employer shall annually , before January 1 and at the other times that the commission requires, notify the commission of the names of the members of NLSARA and CASARA- NL designated under paragraph (1)(a). 9. The commission may apply the provisions of the Act in the manner set out in

section 1 0 to Royal Canadian Mounted Police auxiliary constables operating in the province w here the Department of Justice and Public Safety applies to the commission requesting that the Act apply. 10.

(1) For the purpose of the Act, where the commission has admitted the Royal Canadian Mounted Police auxiliary constables (

a) the auxiliary constables wh o are designated as that by an official of the Department of Justice and Public Safety shall be considered workers; and (

b) the Department of Justice and Public Safety shall be considered the employer.

(2) The auxiliary constables are considered to be in the course of their employment while (

a) carrying out duties and responsibilities of an auxiliary constable as assigned by the Royal Canadian Mounted Police; and Auxiliary constables When auxiliary constables are covered 497 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Regulations, 2023 67/23 (

b) attending educational and training sessions which have been sanctioned by the Royal Canadian Mounted Police.

(3) The employer shall annually , before January 1 and at the other times that the commission requires, notify the commission of the names of the Royal Canadian Mounted Police auxiliary constables designated under paragraph (1)(a). 11. A lump sum payment referred to in paragraph 82(1)(

b) of the Act shall be no less than $1,000 and no greater than the maximum compensable earnings prescribed in

section 19 of the Workplace Health, Safety and Compensation Administrative Regulations. 12. For the purposes of paragraph 109(2)(

a) of the Act, the minimum cumulative periods of service for the listed diseases are as follows: primary site brain cancer 10 years primary site bladder cancer 15 years primary site colorectal cancer 20 years primary site esophageal cancer 25 years primary leukemia 5 years primary site lung cancer 15 years primary site kidney cancer 20 years primary non-Hodgkin lymphoma 20 years primary site testicular cancer 20 years primary site ureter cancer 15 years primary site breast cancer 10 years primary site penile cancer 15 years Lump sum payment Service periods 498 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Regulations, 2023 67/23 primary site pancreatic cancer 10 years primary site thyroid cancer 10 years multiple myeloma 15 years primary site prostate cancer 15 years primary site cervical cancer 10 years primary site ovarian cancer 10 years primary site skin cancer 15 years an injury to the heart that manifests within 24 hours after attendance at an emergency response None 13. An employer shall provi de the following information to the commission in relation to a firefighter or volunteer firefighter who is diagnosed with a listed disease: (

a) the number of fire scenes, other than forest fire scenes, that the firefighter or volunteer firefighter attended; (

b) the firefighter or volunteer firefighter's years of service as a firefighter or volunteer firefighter; and (

c) any other information the commission considers necessary. 14.

(1) Where under subsection 121(1) of the Act an ass essment is due and payable on January 1 and is not paid by April 1 in that year, the employer shall pay as a penalty a percentage, determined in accordance with subsection (4 ), of the amount unpaid for each month after March, where the default continues.

(2) Where under subsection 121(2) of the Act an assessment is due and payable after January 1 and is not paid (

a) by April 1 in that year , in the case where the worker is employed after January 1 but before March 1, the employer shall pay as a penalty a percentage, determined in Documentation required Late payment penalty 499 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Regulations, 2023 67/23 accordance with subsection ( 4), of the amount unpaid for each month after March, where the default continues; or (

b) within 30 days after the date on which the assessment becomes due and payable, in the case where the worker is employed after the last day of February , the employer shall pay as a penalty a percentage, determined in accordance with subsection (4 ), of the amount unpaid for each month after the 30 days where the default continues.

(3) Where under

section 139 of the Act an assessment or special assessment is not paid when it is due and payable, the employer shall pay as a penalty a percentage, determined in accordance with subsection (4), of the amount unpaid for each month after 30 days where the default continues.

(4) For the purpose of subsections (1) to (3 ), the percentage shall be the sum of (

a) the prime rate in effect with the commission’s banking institution on January 1 of that year; and (b) 5%, divided by 12, rounded off to the nearest 1/100 of 1%.

(5) The penalty for default is to be applied even though the amount in default may include a penalty previously imposed.

(6) A penalty imposed on an employer under this

section may be added to the employer’s assessment and payment enforced under

section 140 of the Act. 15.

(1) Notwithstanding

section 14, an employer is not liable for the penalty required by that

section where the employer (

a) satisfies the conditions set by the commission; (

b) enters into an arrangement to pay the assessment for the current year in equal instalments between April 1 and December 31; and Deferred payment arrangement 500 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Regulations, 2023 67/23 (

c) makes the payments in the manner and at the time required by the arrangement referred to in paragraph (b).

(2) Where, during the year, the assessment due and p ayable by an employer for the current year changes, the amount payable under the arrangement entered into by the employer with the commission under subsection (1) shall be adjusted as required and the employer shall pay the balance of the assessment for th e year, as adjusted, in equal instalments beginning on the next scheduled payment date immediately following the assessment adjustment and ending on the final scheduled payment date.

(3) Where an employer who has entered into an arrangement with the commi ssion under subsection (1) defaults in making a payment in the amount or manner or at the time required under the arrangement with the commission,

section 14 applies to the full outstanding balance. 16.

(1) An employer who fails to c omply with the provisions of

section 65 of the Act may, in addition to other penalties that may be applicable, be assessed (

a) in respect of a claim for health care, an amount of $100; or (

b) in respect of a claim for lost time, an amount of $200.

(2) In addition to an assessment imposed under subsection (1) , the commission may impose a penalty of $25 for each day during which the failure to comply with

section 65 of the Act continues to a maximum of (a) $500, in respect of a claim for health care; or (b) $1,000, in respect of a claim for lost time.

(3) A penalty imposed on an employer under this

section may be added to the employer’s assessment and payment enforced under

section 140 of the Act. 17. All penalties, assessments and amounts that may be assessed, imposed or recovered under these regulations may be recovered in the name of the commission in a court, but the commission, where satisfied Additional assessment Recovery of assessments 501 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Regulations, 2023 67/23 that a default referred to in these regulations was excusable, may relieve the employer in whole or in part of a penalty. 18. The Workplace Health, Safety and Compensation Regulations, Consolidated Newfoundland and Labrador Regulation 1025/96 are repealed. 19. These regulations come into force on September 1, 2023. ©King's Printer Repeal Commencement 502 The Newfoundland and Labrador Gazette September 1, 2023

NEWFOUNDLAND AND LABRADOR REGULATION 68/23 Workplace Health, Safety and Compensation Review Board Regulations under the Workplace Health, Safety and Compensation Act, 2022 (O.C. 2023-210) (Filed August 31, 2023) Under the authority of

section 151 of the Workplace Health, Safety and Compensation Act, 2022, the Workplace Health, Safety and Compensation Review Board, with the approval of the Lieutenant - Governor in Council, makes the following regulations. Dated at St. John’s, August 30, 2023. Suzanne Hollett Chief Review Commissioner of the Workplace Health, Safety and Compensation Review Board Krista Quinlan Clerk of the Executive Council 503 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Review Board Regulations 68/23 REGULATIONS Analysis 1.

Short title 2. Definition 3. Reassignment of review 4. Information and evidence in review 5. Information not provided 6. Witness 7. Order by review commissioner 8. Repeal 1. These regulations may be cited as the Workplace Health, Safety and Compensation Review Board Regulations. 2. In these regulations , "Act" means the Workplace Health, Safety and Compensation Act, 2022. 3. The chief review commissioner may reassign a review from one review commissioner to another review commissioner before evidence is taken on a review. 4.

(1) The review commissioner may order production of all information that was before the commission in making its decision.

(2) Where the commission receives evidence subsequent to the rendering of a decision and the commission adv ises the review commissioner that it has considered the evidence for which a review has been requested before a decision is made by the review commissioner and it does not alter its decision, the review commissioner may accept that new evidence as part of the decision being reviewed. 5. Where a review commissioner orders a party or the commission to provide certain information by a particular date and that information is not provided by that date, the review commissioner may, in th e review commissioner's discretion, proceed to make the decision without that information. 6.

(1) Where a party wishes to call a person as a witness at a review, the party may serve the person with a subpoena in the form provided by the review boa rd requiring the person to attend at a time and place stated in it and, where required, to produce certain documents at the review.

(2) A subpoena referred to in this

section shall be

Short title Definition Reassignment of review Information and evidence in review Information not provided Witness 504 The Newfoundland and Labrador Gazette September 1, 2023

Workplace Health, Safety and Compensation Review Board Regulations 68/23 (

a) issued by the review board; and (

b) served i n accordance with t he Rules of the Supreme Court, 1986.

(3) A copy of the subpoena with proof of service shall be filed with the review board. 7. Where, after examining both a request for review and the decision of the commission , the review c ommissioner determines that the commission failed to decide a question that the Act required the commission to decide , the review commissioner may issue an order returning the matter to the commission for a decision. 8. The Workplace Health, Safety and Compensation Review Division Regulations, Consolidated Newfoundland and Labrador Regulation 1117/96, are repealed. ©King's Printer Order by review commissioner Repeal 505 The Newfoundland and Labrador Gazette September 1, 2023

THE NEWFOUNDLAND AND LABRADOR GAZETTE September 1, 2023 507 Index

PART I Lands Act – Notices .......................................................................................................................................................................347 Mineral Act – Notice ......................................................................................................................................................................345 Royal Newfoundland Constabulary Act – Notice ..........................................................................................................................347 Warehouser’s Lien Act– Notice .....................................................................................................................................................349

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation made thereunder CNLR or NL Reg. Amendment NL Gazette Date & Page No. Workplace Health, Safety and Compensation Act Construction Industry Early and Safe Return to Work and Re-employment Repeal Regulations NLR 64/23 Repeals NLR 77/02 Extraordinary Gazette Aug. 31, 2023 Sept. 1/23 p. 471 Lands Act Wind Energy Land Reserve Order (Amendment) No. 2 NLR 65/23 Amends NLR 86/22 Sch.

R&S Sept. 1/23 p. 473 Workplace Health, Safety and Compensation Act, 2023 Workplace Health, Safety and Compensation Administrative Regulations NLR 66/23 New Sept. 1/23 p. 475 Workplace Health, Safety and Compensation Regulations, 2023 NLR 67/23 R&S CNLR 1025/96 Sept. 1/23 p. 493 Workplace Health, Safety and Compensation Review Board Regulations NLR 68/23 R&S CNLR 1117/96 Sept. 1/23 p. 503

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Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2023-09-01
Type	gazette
Volume / chapter	nlg20230901
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	eaf667178a93cc6b559c84a159e437a5893cb3bb

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