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Nova Scotia — Regulations
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Workers' Advisers Program Transitional Regulations
made under
Section 274 of the
Workers' Compensation Act
S.N.S. 1994-95, c. 10
O.I.C. 96-903 (December 10, 1996), N.S. Reg. 175/96
1 These regulations may be cited at the Workers' Advisers Program Transitional Regulations.
2 The purpose of these regulations is to provide for the orderly transition of active
files from the offices of temporary advisers to the Workers' Advisers Program,
where a worker who is eligible for the Program wishes to have the benefit of an
adviser without cost to the worker.
3 In these regulations, "temporary adviser" includes a workers' counselor who was
appointed pursuant to the former Workers' Compensation Act ,
chapter 508 of the
Revised Statutes of Nova Scotia, 1989, as of the date of its repeal.
(1) The Chief Worker Adviser may provide any temporary adviser with notice
respecting
(
a) requirements for the orderly transition of the temporary adviser's clients
to the Program, and
(
b) the cessation of the temporary adviser's remuneration from the
Program, by a specified date which may be earlier but not later than
February 6, 1998.
(2) The notice referred to in subsection (1) shall be in writing and shall identify
(
a) the date upon which the Program's commitment to fund the work of the
temporary adviser will end, and may separately specify dates affecting
new clients or existing clients;
(
b) the date upon which all accounts must be submitted for consideration by
the Chief Worker Adviser, and may separately specify dates in relation
to fees and disbursements incurred; and
before the Program will accept responsibility for the continued
representation of a worker or make final payment of remuneration
otherwise due to the temporary adviser.
5 Subject to clause 6(d), a temporary adviser designated under
Section 273 of the
Act will receive no remuneration under the Act in respect of
(
a) work performed by the temporary adviser after a date established in a
notice given under clause 4(2)(a); or
(
b) invoices for fees or disbursements which are not submitted to the Chief
Worker Adviser by a date established in a notice given under clause
4(2)(b), regardless of when the work was performed.
6 Nothing in these regulations
(
a) prevents or is intended to prevent the Program from assuming
responsibility for representation of, or advice and assistance to a worker
if the worker is entitled to services under the Program and the
temporary adviser has discharged the temporary adviser's obligations to
the worker;
(
b) creates or is intended to create an obligation on the Program to assume
any responsibility of a temporary adviser to represent a worker or to pay
for disbursements incurred by the temporary adviser but not expressly
approved by the Chief Worker Adviser;
(
c) confers or is intended to confer a right on any worker to assistance,
advice or representation under the Program; or
(
d) prevents or is intended to prevent payment to a temporary adviser of a
fee or disbursement incurred in respect of a worker after a date
established in a notice given under
Section 4, where
(
i) whether or not the temporary adviser is designated under
subsection 273 of the Act, the temporary adviser has been engaged
under
Section 266 of the Act, and
(ii) the fee or disbursement falls within the terms of the engagement
approved by the Chief Worker Adviser under
Section 266 of the
Act.