2(1)There is hereby established a body corporate and politic to be known as the Workplace Health, Safety and Compensation Commission consisting of those persons who from time to time comprise the board of directors.

2(2)The Commission shall have a corporate seal which it may alter or change at pleasure.

4(1)All rights, powers, authority, jurisdiction, privileges, franchises, entitlements, debts, obligations, liabilities, duties and responsibilities of the Workers’ Compensation Board under the Workers’ Compensation Act, except in its capacity as an employer, are, without further action, continued in, transferred to, vested in, and may be exercised or discharged by, the Commission.

4(2)All property and interests in property of the Workers’ Compensation Board are, without further action, transferred to and vested in the Commission.

4(3)All rights, powers, authority, jurisdiction, privileges, franchises, entitlements, debts, obligations, liabilities, duties and responsibilities of the New Brunswick Occupational Health and Safety Commission under the Occupational Health and Safety Act, except in its capacity as an employer, are, without further action, continued in, transferred to, vested in, and may be exercised or discharged by, the Commission.

4(4)All property and interests in property of the New Brunswick Occupational Health and Safety Commission are, without further action, transferred to and vested in the Commission.

4(5)Section 89 of the Employment Standards Act applies to any former employee of the Workers’ Compensation Board or the New Brunswick Occupational Health and Safety Commission who takes up employment with the Commission.

5(1)The Commission shall administer this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act, and regulations thereunder.

5(2)Any reference in the Workers’ Compensation Act, any other Act, or regulations thereunder to the Workers’ Compensation Board shall be deemed to be a reference to the Commission.

5(3)Any reference in the Occupational Health and Safety Act, any other Act, or regulations thereunder to the New Brunswick Occupational Health and Safety Commission shall be deemed to be a reference to the Commission.

8(1)The affairs of the Commission shall be administered by a board of directors consisting of the following persons who shall be appointed by the Lieutenant-Governor in Council

8(1.1)The number of persons appointed under paragraph (1)(b) and the number of persons appointed under paragraph (1)(c) shall be equal.

8(1.2)The President and Chief Executive Officer of the Commission is, by virtue of his or her office, a non-voting member of the board of directors.

8(2)Other than the President and Chief Executive Officer and the Chairperson of the Appeals Tribunal, members of the board of directors shall serve as part-time members and shall be remunerated as prescribed by the Lieutenant-Governor in Council.

8(3)The board of directors may fix the rate for reimbursement of expenses incurred by members of the board of directors while acting on behalf of the Commission.

8(4)Members of the board of directors shall at all times act in the best interest of the Commission notwithstanding the appointment of a member as representative of workers or employers.

9(1)The Chairperson of the board of directors shall be appointed for a term of up to four years and he or she is eligible for re-appointment with the approval of the board of directors.

9(1.1)Notwithstanding subsection (2), the first appointment under paragraph 8(1)(a.1) may be for a term not exceeding four years.

9(2)The term of office of a member of the board of directors, other than the Chairperson of the board of directors, the President and Chief Executive Officer and the Chairperson of the Appeals Tribunal, is for four years.

9(3)The Vice-Chairperson of the board of directors shall act as Chairperson in the absence or inability to act of the Chairperson of the board of directors or in the case of a vacancy.

9(5)Subject to subsection (7.1), members referred to in paragraphs 8(1)(a.1), (b) and (c) are eligible for reappointment for one additional term.

9(6)The appointment of any member of the board of directors may be terminated by the Lieutenant-Governor in Council before the expiry of the member’s term

9(7)Where a vacancy occurs during the term of office of a member of the board of directors, the person appointed to fill the vacancy shall be appointed to serve the remainder of the term of office of that member.

9(7.1)An appointment under subsection (7) does not make a person ineligible to serve two additional terms as a member of the board of directors.

9(8)Upon the expiry of a term of office, the position is vacated.

9(9)A vacancy does not impair the capacity of the board of directors to act so long as a quorum is maintained.

9(10)The quorum for a meeting of the board of directors shall be one-half of the number of members, at least one of whom shall be a member representative of workers, at least one of whom shall be a member representative of employers and one of whom shall be the Chairperson of the board of directors or in the absence of the Chairperson of the board of directors the Vice-Chairperson.

10(1)The President and Chief Executive Officer is the chief executive officer of the Commission and is responsible to the board of directors for the operations of the Commission within the guidelines established by the board of directors.

10(2)Subject to subsection (3), the appointment of the President and Chief Executive Officer of the Commission shall be made by the board of directors with the approval of the Lieutenant-Governor in Council.

10(3)The appointment of the first President and Chief Executive Officer shall be made by the Lieutenant-Governor in Council for a term of up to three years.

11(1)A member of the board of directors who has a conflict of interest shall, at the first opportunity, disclose the existence and the nature of the conflict of interest to the Chairperson of the board of directors and shall not participate in any discussion of, shall not influence or attempt to influence the outcome of and shall not vote or otherwise participate in respect of the matter to which the conflict of interest relates.

11(2)A member of the board of directors who believes that he or she, or another member of the board of directors, may have a conflict of interest shall, at the first opportunity, disclose or report the existence and the nature of the possible conflict of interest to the Chairperson of the board of directors.

11(3)Where a member of the board of directors has disclosed or reported under subsection (2) that the member or another member of the board of directors has a possible conflict of interest, the Chairperson of the board of directors shall seek the direction of the board of directors as to whether or not the member in question may participate in the dealings of the board of directors in the matter under consideration and the member in question shall not participate in any discussion of, shall not influence or attempt to influence the outcome of and shall not vote or otherwise participate in respect of the matter until the board of directors has determined that there is no conflict of interest and has directed that the member may participate.

11(4)A vote as to whether or not a member of the board of directors has a conflict of interest shall be decided by a simple majority of the members of the board of directors present at any meeting and the decision of the board of directors on the issue shall be final.

12(1)Except for the purposes of the administration and enforcement of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, or under the authority of the Commission, no member of the board of directors or officer of the Commission and no person employed by or authorized to act on behalf of the Commission shall

12(2)The board of directors may require any member of the board of directors or officer of the Commission and any person employed by or authorized to act on behalf of the Commission to take an oath of secrecy.

13(1)The board of directors shall meet at least six times in each calendar year.

13(2)Meetings shall be called by the Chairperson of the board of directors who may call meetings of the board of directors more frequently than as prescribed in subsection (1).

13(3)The board of directors may conduct its proceedings as it considers fit for the proper discharge and dispatch of business.

13(4)Notice of any order, ruling or decision of the Commission where not otherwise provided for in this Act shall be given by the Commission in such manner as may be deemed by it adequate and proper.

15(1)Except in respect of an action by or on behalf of the Commission to procure a judgment in its favour, the Commission may indemnify a person who is a member of the board of directors, a member of the Appeals Tribunal, an officer or an employee of the Commission and persons authorized to act on behalf of the Commission and the person’s heirs and legal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in connection with the person’s involvement in any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a member of the board of directors, a member of the Appeals Tribunal, an officer or an employee, if

15(2)The Commission may with the approval of the Court of Queen’s Bench of New Brunswick indemnify a person referred to in subsection (1) in respect of an action by or on behalf of the Commission to procure a judgment in its favour, to which the person is made a party by reason of being or having been a member of the board of directors, a member of the Appeals Tribunal, an officer or an employee of the Commission, against all costs, charges and expenses reasonably incurred in connection with the person’s involvement in the action if the person fulfills the conditions set out in paragraphs (1)(a) and (b).

15(3)Notwithstanding anything in this section except subsection (8), a person referred to in subsection (1) is entitled to indemnity from the Commission in respect of all costs, charges and expenses reasonably incurred in connection with the person’s involvement in the defence of any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a member of the board of directors, a member of the Appeals Tribunal, officer or employee of the Commission, if the person seeking indemnity

15(4)The Commission may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred in connection with the person’s involvement in a proceeding or action in the person’s capacity as a member of the board of directors, a member of the Appeals Tribunal, an officer or an employee of the Commission, except where the liability relates to the person’s failure to act honestly and in good faith with a view to the best interests of the Commission.

15(5)The Commission may apply to the Court of Queen’s Bench of New Brunswick for an order approving an indemnity under this section and the Court may so order and make any further order it thinks fit.

15(6)Upon application under subsection (5), the Court of Queen’s Bench of New Brunswick may order notice to be given to any interested person and that person is entitled to appear and be heard in person or by counsel.

15(7)Upon receiving notification of an action or proceeding in respect of which a person may be indemnified under this section, the Commission may appoint such legal counsel as the Commission considers appropriate to represent the person in the action or proceeding and that counsel shall represent the person in and, with the consent of the Commission, may settle the matter.

15(8)The Commission may refuse to indemnify a person who might otherwise be entitled to indemnification under this section, in respect of any costs, charges and expenses incurred by legal counsel representing the person after the Commission has appointed different legal counsel under subsection (7), other than the costs, charges and expenses necessarily and reasonably incurred in transferring files and other information to the legal counsel appointed under subsection (7).

16(1)The Commission, the President and Chief Executive Officer and the Chairperson of the Appeals Tribunal may delegate any of their powers, duties, authority or discretion under this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, to one or more persons in such a manner and subject to such terms and conditions as the Commission, the President and Chief Executive Officer or the Chairperson of the Appeals Tribunal considers appropriate, as the case may be.

16(2)A person may sub-delegate any powers, authority, duty or discretion which has been delegated to the person under subsection (1), if permitted to do so by the terms and conditions of the delegation.

16(3)A decision, order or ruling of a person to whom the Commission has made a delegation under subsection (1) or of a person to whom a sub-delegation has been made under subsection (2) shall be deemed to be a decision, order or ruling of the Commission.

16(4)Where the Commission has established an appeal procedure under section 25, the decision, order or ruling of the person from whom the appeal is made shall be deemed to be the decision, order or ruling of the Commission until it is replaced by a decision, order or ruling of the person or body to whom the appeal is made.

18(1)The Commission shall appoint such personnel as it determines necessary to carry out its responsibilities under this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act and the Occupational Health and Safety Act and may prescribe their duties.

18(2)The salaries, remuneration and reimbursement of the members of the board of directors, the President and Chief Executive Officer, and all other personnel, together with the necessary administration of this Act, Part I of the Workers’ Compensation Act and the Occupational Health and Safety Act shall be paid out of the Accident Fund.

18(3)The necessary administrative costs for administering the Firefighters’ Compensation Act, whether incurred under that Act or this Act, shall be paid out of the Disability Fund.

19(1)The accounts of the Workers’ Compensation Board for the fiscal year ending December 31, 1994 shall be audited by a chartered accountant or certified general accountant to be appointed by the Lieutenant-Governor in Council for that purpose and the auditor’s report shall be included in the first annual report of the Commission.

19(2)The accounts of the New Brunswick Occupational Health and Safety Commission shall be audited by the Auditor General for the nine months ending December 31, 1994 and his or her report shall be included in the first annual report of the Commission.

19(3)The accounts of the Commission shall be audited by a chartered accountant or certified general accountant to be appointed by the Lieutenant-Governor in Council for that purpose and the auditor’s report shall be included in the annual report of the Commission.

19(4)The Commission shall

20(1)The Commission shall establish an Appeals Tribunal which shall consist of

20(2)The Chairperson of the Appeals Tribunal is responsible to the board of directors for the operations of the Appeals Tribunal within the guidelines established by the board of directors.

20(3)Remuneration of the Chairperson of the Appeals Tribunal, Vice-Chairpersons and other members of the Appeals Tribunal shall be prescribed by the Lieutenant-Governor in Council.

20(4)The board of directors may fix the rate for reimbursement of expenses incurred by members of the Appeals Tribunal while acting on behalf of the Appeals Tribunal.

21(1)Notwithstanding any other provision of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, but subject to subsections (1.1) and (2), there shall be a final right of appeal to the Appeals Tribunal from

21(1.1)An appeal under paragraph (1)(a), (b) or (b.1) shall be made no later than one year after the decision, ruling or order, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.

21(1.2)An application under subsection (1.1) may be made before or after the expiration of the limitation period prescribed in subsection (1.1).

21(2)An appeal under paragraph (1)(c) shall be made within seven days after the confirmation, variance, revocation or suspension of an officer’s order by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or within seven days after the Chief Compliance Officer’s order under subsection 37(2) of the Occupational Health and Safety Act.

21(2.1)The Chief Compliance Officer and the officer who made the order are parties to an appeal under paragraph 21(1)(c) for the purpose of presenting facts and providing information relating to the matter under appeal.

21(3)Notwithstanding any other provision of this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act to examine into, hear and determine all matters affecting an employer, a worker or a dependent that arise in any appeal to it under subsection (1).

21(3.1)Notwithstanding any other provision of this Act or the Firefighters’ Compensation Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act and the Firefighters’ Compensation Act to examine into, hear and determine all matters affecting a firefighter or former firefighter or a dependant or a municipality or rural community that arise in any appeal to it under subsection (1).

21(4)Appeals to the Appeals Tribunal shall be heard by a panel consisting of

21(5)A panel of the Appeals Tribunal constitutes a quorum of the Appeals Tribunal.

21(6)If a panel of the Appeals Tribunal consists of more than one person, a decision of a majority of the members of a panel is the decision of the Appeals Tribunal.

21(7)Two or more panels of the Appeals Tribunal may be constituted and may act simultaneously.

21(8)In respect of any matter coming before the Appeals Tribunal for decision, any person that may be affected by the decision shall be entitled, upon application, to present evidence and make representations before a decision is made by the Appeals Tribunal.

21(9)Any decision of the Appeals Tribunal shall be upon the real merits of the case, and the Appeals Tribunal is not bound to follow precedent.

21(10)The Appeals Tribunal shall issue a written decision, signed by the Chairperson of the Appeals Tribunal, embodying the substance of any decision, determination, direction, declaration, order, interim order or ruling of the Appeals Tribunal.

21(11)Any decision, determination, direction, declaration, order, interim order or ruling of, or any act or thing done by a panel of the Appeals Tribunal shall be a decision, determination, direction, declaration, order, interim order or ruling of, or an act or thing done by the Commission.

21(12)Any decision, order or ruling of the Appeals Tribunal shall be final, subject only to an appeal to the Court of Appeal involving any question as to its jurisdiction or any question of law.

21(13)Where the person designated in an order of the Appeals Tribunal under paragraph (1)(c) does not comply with the order, the Commission may file a copy of the order in the Court of Queen’s Bench of New Brunswick and upon filing, the order shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as such against the person designated therein.

21(14)An appeal pursuant to the provisions of paragraph (1)(c) against a decision, order or ruling of the Appeals Tribunal does not suspend the operation of the order but the Appeals Tribunal may order the suspension of the operation thereof until the disposal of the appeal.

21(15)Notice of any decision, order or ruling of the Appeals Tribunal where not otherwise provided for in this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act shall be given by the Commission in such manner as may be deemed by the Commission to be adequate and proper.

22(1)Where it is made to appear to the Commission that, if a matter previously decided by it is reconsidered, new evidence will be adduced substantially affecting the matter, nothing shall prevent the Commission from reconsidering the matter previously dealt with by it, or from rescinding, altering or amending any decision, order or ruling previously made, all of which the Commission shall have authority to do.

22(2)Any decision, order or ruling under subsection (1) made as a result of the reconsideration of any decision, order or ruling of the Appeals Tribunal shall be final, subject only to an appeal to the Court of Appeal involving any question as to jurisdiction or any question of law and section 23 applies with the necessary modifications.

22(3)Subsection 21(1) applies respecting any decision, order or ruling under subsection (1) made as a result of the reconsideration of any decision, order or ruling other than a decision, order or ruling of the Appeals Tribunal.

23(1)Any party directly affected by a decision, order or ruling of the Appeals Tribunal, and intending to appeal therefrom shall, within thirty days after receipt of notice of the decision, order or ruling, apply to the Commission for a statement of the facts considered by the Appeals Tribunal and of the grounds taken by the Appeals Tribunal in making such decision, order or ruling, and the Commission shall within thirty days provide the party with such information, certified by the Chairperson of the Appeals Tribunal.

23(2)The statement of facts under subsection (1) shall include a copy of the written decision, order or ruling of the Appeals Tribunal, a transcript of the proceedings before the Appeals Tribunal, all evidence presented to the Appeals Tribunal, and a copy of all documents in the possession of the Commission relating to the decision, order or ruling.

23(3)The statement of facts under subsection (1) constitutes the record on appeal.

23(4)Within thirty days of receipt of the statement of facts under subsection (1), the party intending to appeal a decision, order or ruling of the Appeals Tribunal shall commence an appeal by issuing and filing a Notice of Appeal in the manner prescribed by the Rules of Court.

23(5)The Notice of Appeal shall be served upon the Commission within fifteen days from the date of issuance.

23(6)The Commission is entitled to be represented by counsel on the hearing of an appeal.

23(7)The Commission may of its own motion state a case in writing for the opinion of the Court of Appeal upon any question that in the opinion of the Commission is a question as to its jurisdiction or a question of law.

23(8)The Rules of Court, as far as they are applicable and not inconsistent herewith, apply to every proceeding before the Court of Appeal under this section.

23(9)Costs may be awarded in any appeal under this section.

24(1)Subject to the regulations, the Commission has the power, and shall be deemed always to have had power,

24(2)No part of the Accident Fund or the Disability Fund, whether so invested or not, is subject to municipal or other tax.

25.1(1)A certificate purporting to be signed by the President and Chief Executive Officer of the Commission

25.1(2)A certificate referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has, before the trial or other proceeding, given to the person against whom it is to be produced, reasonable notice of the party’s intention, together with a copy of the certificate.

25.1(3)A person against whom a certificate referred to in subsection (1) is produced may, with leave of the court, require the attendance of the President and Chief Executive Officer for the purpose of cross-examination.

27(1)No action, application or other proceeding lies or shall be instituted against the Minister, the Crown in right of the Province, the members of the Workers’ Compensation Board, the members of the New Brunswick Occupational Health and Safety Commission or the board of directors in respect of the transfer and vesting of rights, powers, authority, jurisdiction, privileges, franchises, entitlements, debts, obligations, liabilities, duties, responsibilities, property or interests in property by this Act.

27(2)Without restricting the generality of subsection (1), no action, application or other proceeding for dismissal, whether express, implied or constructive, lies or shall be instituted against the Minister, the Crown in right of the Province, the members of the Workers’ Compensation Board, the members of the New Brunswick Occupational Health and Safety Commission or the board of directors in respect of any transfer or vesting of rights, powers, authority, jurisdiction, privileges, franchises, entitlements, debts, obligations, liabilities, duties or responsibilities by this Act.