Acts and Regulations

84-66 - General

Full text
Document at 19 September 2019
NEW BRUNSWICK
REGULATION 84-66
under the
Workers’ Compensation Act
(O. C. 84-263)
Filed April 10, 1984
Under section 81 of the Workers’ Compensation Act, the Lieutenant-Governor in Council makes the following Regulation:
1This Regulation may be cited as the General Regulation - Workers’ Compensation Act.
2In this Regulation
“Act” means the Workers’ Compensation Act.(loi)
3For the purpose mentioned in section 50 of the Act, all industries within the scope of Part I of the Act are included in the New Brunswick Industry Class.
96-127
4Every employer within the scope of Part I of the Act shall, as directed by the Board, post and keep posted in conspicuous places within easy access of his workers such card or pamphlet of information concerning the Act or any regulation made thereunder as may be supplied by the Board and may post a copy of the Act.
5Where no other penalty is provided, a person who breaches any regulation made under the authority of the Act shall incur a penalty not exceeding one thousand dollars.
6An employer who violates any of the provisions of section 14 of the Act shall
(a) for every violation thereof, incur a penalty not exceeding one hundred dollars, and
(b) pay to the worker any sum which has been deducted from the worker’s wages or which the worker has been required or permitted to pay.
7An employer who violates subsection 44(4) or (5) of the Act shall incur a penalty not exceeding one hundred dollars for every violation thereof.
8A steam engineer employer who violates subsection 53(8) of the Act shall incur a penalty not exceeding twenty-five dollars.
9An employer or any other person who obstructs, hinders or refuses to permit the making of an examination or inquiry referred to in section 77 of the Act shall incur a penalty not exceeding one thousand dollars.
10An employer or any other person who obstructs, hinders or refuses to permit the making of an inspection under section 78 of the Act shall incur a penalty not exceeding one thousand dollars.
11A person who violates any of the provisions of section 79 of the Act shall incur a penalty of fifty dollars.
12The total of the assessment for each year against each employer shall be not less than fifty dollars for each class of industry.
13The following diseases are hereby declared to be industrial diseases:
(a) anthrax transmitted by the handling of wool, hair, bristles, hides and skins;
(b) lead poisoning or its sequelae caused by any process involving the use of lead or its preparation or compounds;
(c) mercury poisoning or its sequelae caused by any process involving the use of mercury or its preparations or compounds;
(d) phosphorus poisoning or its sequelae caused by any process involving the use of phosphorus or its preparations or compounds;
(e) arsenic poisoning or its sequelae caused by any process involving the use of arsenic or its preparations or compounds;
(f) sulphur poisoning or its sequelae caused by any process involving the use of sulphur or its preparations or compounds;
(g) ammonia poisoning or its sequelae caused by any process involving the use of ammonia or its preparations or compounds;
(h) carbon bisulphide poisoning or its sequelae caused by any process involving the use of carbon bisulphide;
(i) carbonic acid gas poisoning caused by any process involving the use of carbonic acid gas;
(j) glanders contracted during the care of any equine animal suffering from glanders or during the handling of the carcass of any such animal;
(k) compressed air illness caused by any process carried on in compressed air;
(l) infection caused by the handling of sugar during any process involving the refining of sugar;
(m) carbon monoxide poisoning;
(n) conjunctivitis and retinitis due to electro and oxy-welding and cutting;
(o) bursitis of the prepatellar or of the olecranon bursa due to the nature of employment;
(p) silicosis;
(q) poisoning caused by chemicals used in the painting industry;
(r) brass, nickel and zinc poisoning;
(s) pneumoconiosis;
(t) brucellosis (undulant fever);
(u) hearing loss caused by industrial trauma or noise induced due to excessive levels of noise in the work-place; and
(v) dermatitis caused by materials used due to the nature of the employment.
14(1)No physician or surgeon required to furnish a report to the Board under subsection 41(10) of the Act shall be entitled to remuneration from the Board for medical aid rendered to a worker unless he furnishes such report to the Board within such time as the Board deems reasonable.
14(2)The Board may, in its discretion, waive the requirements of subsection (1).
14.1The date for the purposes of subsection 53(1) of the Act is
(a) on or before the twenty-eighth day of February in each year, or
(b) where an employer engages in an industry after the day referred to in paragraph (a), on or before that day.
87-91
15For the purposes of section 67 of the Act, the rate of interest per year on the amount unpaid of an assessment is the Bank of Canada rate at the time such amount became due plus three percent, to a maximum of eighteen percent.
16The Board is hereby authorized to pay the board at places other than a hospital for injured workers who do not necessarily require hospitalization, where, in the opinion of the Board, the paying of board is a saving in medical fees and transportation.
17The Board is hereby authorized to pay compensation out of the Accident Fund to a worker or his dependents residing outside of New Brunswick when entitled thereto in case of death or injury within New Brunswick, when the laws of the province, state, country or jurisdiction in which the worker or his dependents reside provide in case of death or injury for payment of compensation corresponding or similar to that provided by Part I of the Act to a worker or his dependents resident in New Brunswick.
17.1Repealed: 98-60
93-97; 98-60
17.2Repealed: 98-60
93-97; 98-60
17.3Repealed: 98-60
93-97; 98-60
18Regulation 67-13 under the Workers’ Compensation Act is repealed.
N.B. This Regulation is consolidated to September 30, 1998.