Acts and Regulations

F-12.5 - Firefighters’ Compensation Act

Section 62
Disposition versions

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Amendments to the Workplace Health, Safety and Compensation Commission Act
62(1)Section 1 of the Workplace Health, Safety and Compensation Commission Act, chapter W-14 of the Acts of New Brunswick, 1994, is amended by adding the following definition in alphabetical order:
“Disability Fund” means the fund providing for the payment of compensation, benefits and expenses pursuant to the Firefighters’ Compensation Act and the administrative costs under this Act incurred in relation to the Firefighters’ Compensation Act;
62(2)Subsection 5(1) of the Act is amended by adding “the Firefighters’ Compensation Act,” after “the Workers’ Compensation Act,”.
62(3)Paragraph 7(g) of the Act is amended by adding “the Firefighters’ Compensation Act,” after “the Workers’ Compensation Act,”.
62(4)Subsection 12(1) of the Act is amended
(a) in the portion preceding paragraph (a) by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act”;
(b) in paragraph (a) by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act”;
(c) in paragraph (b) by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act” wherever it appears.
62(5)Section 14 of the Act is repealed and the following is substituted:
14Neither the Chairperson of the board of directors, the Chairperson of the Appeals Tribunal, the President and Chief Executive Officer, the other members of the board of directors, an officer or other employee of the Commission or an officer or other person appointed under this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, nor anyone acting under the instructions of any of them or of the Commission, or under the authority of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act, or the regulations, shall be personally liable for any loss or damage suffered by any person by reason of anything in good faith done, or omitted to be done, by him, her or them, pursuant to or in the exercise or supposed exercise of the power given to him, her or them by this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act.
62(6)Subsection 16(1) of the Act is amended by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act”.
62(7)Section 17 of the Act is amended by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act”.
62(8)Section 18 of the Act is amended
(a) in subsection (1) by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act”;
(b) by adding after subsection (2) the following:
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.
62(9)Subsection 19(4) of the Act is amended
(a) in paragraph (c) by striking out “and” at the end of the paragraph;
(b) by adding after paragraph (c) the following:
(c.1) on or before the first day of April in each year make a report to the Minister of its transactions during the preceding calendar year, and such report shall contain a statement of the receipt and disposition of funds for that year under the Firefighters’ Compensation Act together with such other particulars as the Minister may require, and
(c) in paragraph (d) by striking out “and (c)” and substituting “(c) and (c.1)”.
62(10)Section 21 of the Act is amended
(a) in subsection (1)
(i) in the portion preceding paragraph (a) by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act”;
(ii) by adding after paragraph (b) the following:
(b.1) any decision, order or ruling of any officer of the Commission under the Firefighters’ Compensation Act affecting the rights of a firefighter, former firefighter or a dependant or a municipality or rural community,
(b) by repealing subsection (1.1) and substituting the following:
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.
(c) by adding after subsection (3) the following:
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).
(d) in subsection (15) by adding “, the Firefighters’ Compensation Act” after “the Workers’ Comepensation Act”.
62(11)Section 24 of the Act is amended
(a) in subsection (1)
(i) in paragraph (a) by adding “or the Disability Fund” after “the Accident Fund”;
(ii) in paragraph (b) by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act”;
(b) in subsection (2) by adding “or the Disability Fund” after “the Accident Fund”.
62(12)Section 26 of the Act is amended
(a) by repealing paragraph (b);
(b) in paragraph (c) by adding “or the Disability Fund” after “the Accident Fund”.
Amendments to the Workplace Health, Safety and Compensation Commission Act
62(1)Section 1 of the Workplace Health, Safety and Compensation Commission Act, chapter W-14 of the Acts of New Brunswick, 1994, is amended by adding the following definition in alphabetical order:
“Disability Fund” means the fund providing for the payment of compensation, benefits and expenses pursuant to the Firefighters’ Compensation Act and the administrative costs under this Act incurred in relation to the Firefighters’ Compensation Act;(caisse d’indemnisation)
62(2)Subsection 5(1) of the Act is amended by adding “the Firefighters’ Compensation Act,” after “the Workers’ Compensation Act,”.
62(3)Paragraph 7(g) of the Act is amended by adding “the Firefighters’ Compensation Act,” after “the Workers’ Compensation Act,”.
62(4)Subsection 12(1) of the Act is amended
(a) in the portion preceding paragraph (a) by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act”;
(b) in paragraph (a) by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act”;
(c) in paragraph (b) by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act” wherever it appears.
62(5)Section 14 of the Act is repealed and the following is substituted:
14Neither the Chairperson of the board of directors, the Chairperson of the Appeals Tribunal, the President and Chief Executive Officer, the other members of the board of directors, an officer or other employee of the Commission or an officer or other person appointed under this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, nor anyone acting under the instructions of any of them or of the Commission, or under the authority of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act, or the regulations, shall be personally liable for any loss or damage suffered by any person by reason of anything in good faith done, or omitted to be done, by him, her or them, pursuant to or in the exercise or supposed exercise of the power given to him, her or them by this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act.
62(6)Subsection 16(1) of the Act is amended by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act”.
62(7)Section 17 of the Act is amended by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act”.
62(8)Section 18 of the Act is amended
(a) in subsection (1) by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act”;
(b) by adding after subsection (2) the following:
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.
62(9)Subsection 19(4) of the Act is amended
(a) in paragraph (c) by striking out “and” at the end of the paragraph;
(b) by adding after paragraph (c) the following:
(c.1) on or before the first day of April in each year make a report to the Minister of its transactions during the preceding calendar year, and such report shall contain a statement of the receipt and disposition of funds for that year under the Firefighters’ Compensation Act together with such other particulars as the Minister may require, and
(c) in paragraph (d) by striking out “and (c)” and substituting “(c) and (c.1)”.
62(10)Section 21 of the Act is amended
(a) in subsection (1)
(i) in the portion preceding paragraph (a) by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act”;
(ii) by adding after paragraph (b) the following:
(b.1) any decision, order or ruling of any officer of the Commission under the Firefighters’ Compensation Act affecting the rights of a firefighter, former firefighter or a dependant or a municipality or rural community,
(b) by repealing subsection (1.1) and substituting the following:
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.
(c) by adding after subsection (3) the following:
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).
(d) in subsection (15) by adding “, the Firefighters’ Compensation Act” after “the Workers’ Comepensation Act”.
62(11)Section 24 of the Act is amended
(a) in subsection (1)
(i) in paragraph (a) by adding “or the Disability Fund” after “the Accident Fund”;
(ii) in paragraph (b) by adding “, the Firefighters’ Compensation Act” after “the Workers’ Compensation Act”;
(b) in subsection (2) by adding “or the Disability Fund” after “the Accident Fund”.
62(12)Section 26 of the Act is amended
(a) by repealing paragraph (b);
(b) in paragraph (c) by adding “or the Disability Fund” after “the Accident Fund”.