Acts and Regulations

W-13 - Workers’ Compensation Act

Full text
Application of Employment Standards Act respecting section 42.1
Repealed: 2019, c.39, s.11
2019, c.39, s.11
42.2Repealed: 2019, c.39, s.12
1989, c.65, s.16; 2019, c.39, s.12
Application of Employment Standards Act respecting section 42.1
42.2(1)The provisions of section 42.1 shall be deemed to be provisions of Part III of the Employment Standards Act and shall be enforced in accordance with that Act as if they were provisions of that Act.
42.2(2)Any person who believes that an employer has violated or failed to comply with the provisions of section 42.1 may make a complaint in accordance with Part V of the Employment Standards Act.
42.2(3)A complaint made by a person in accordance with subsection (2) shall be disposed of in accordance with the provisions of the Employment Standards Act and, subject to subsection (4), the provisions of that Act apply with the necessary modifications with respect to any complaint so made.
42.2(4)Sections 4 and 8 of the Employment Standards Act do not apply with respect to a complaint made by a person in accordance with subsection (2).
42.2(5)Any order issued with respect to a complaint made by a person under subsection (2) may be enforced in accordance with the provisions of the Employment Standards Act.
42.2(6)Notwithstanding subsections 42.1(2) and 42.1(6), where a complaint made in accordance with subsection (2) is found to be valid, the rights of the worker under subsection 42.1(2), (3) or (5), as the case may be, shall not be prejudiced by the expiration of the period of time referred to in subsection 42.1(2) or paragraph 42.1(6)(a) or (b), as the case may be.
42.2(7)For the purposes of section 42.1 and this section,
(a) any worker within the meaning of this Act who would not otherwise be an employee within the meaning of the Employment Standards Act shall be deemed to be an employee within the meaning of that Act, and
(b) any employer within the meaning of this Act who would not otherwise be an employer within the meaning of the Employment Standards Act shall be deemed to be an employer within the meaning of that Act.
1989, c.65, s.16
Application of Employment Standards Act respecting section 42.1
42.2(1)The provisions of section 42.1 shall be deemed to be provisions of Part III of the Employment Standards Act and shall be enforced in accordance with that Act as if they were provisions of that Act.
42.2(2)Any person who believes that an employer has violated or failed to comply with the provisions of section 42.1 may make a complaint in accordance with Part V of the Employment Standards Act.
42.2(3)A complaint made by a person in accordance with subsection (2) shall be disposed of in accordance with the provisions of the Employment Standards Act and, subject to subsection (4), the provisions of that Act apply with the necessary modifications with respect to any complaint so made.
42.2(4)Sections 4 and 8 of the Employment Standards Act do not apply with respect to a complaint made by a person in accordance with subsection (2).
42.2(5)Any order issued with respect to a complaint made by a person under subsection (2) may be enforced in accordance with the provisions of the Employment Standards Act.
42.2(6)Notwithstanding subsections 42.1(2) and 42.1(6), where a complaint made in accordance with subsection (2) is found to be valid, the rights of the worker under subsection 42.1(2), (3) or (5), as the case may be, shall not be prejudiced by the expiration of the period of time referred to in subsection 42.1(2) or paragraph 42.1(6)(a) or (b), as the case may be.
42.2(7)For the purposes of section 42.1 and this section,
(a) any worker within the meaning of this Act who would not otherwise be an employee within the meaning of the Employment Standards Act shall be deemed to be an employee within the meaning of that Act, and
(b) any employer within the meaning of this Act who would not otherwise be an employer within the meaning of the Employment Standards Act shall be deemed to be an employer within the meaning of that Act.
1989, c.65, s.16