Acts and Regulations

W-14 - Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act

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Appointment and terms
9(1)The Chairperson of the board of directors shall be appointed for a term of up to five years and he or she is eligible for re-appointment with the approval of the board of directors.
9(1.1)Repealed: 2016, c.48, s.3
9(2)A member of the board of directors, other than the Chairperson of the board of directors and the President and Chief Executive Officer of the Commission, shall be appointed for a term of up to five 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(3.1)When a position on the board of directors becomes vacant, the person appointed to fill the position shall be appointed for a term of up to five years.
9(4)Repealed: 2008, c.54, s.2
9(5)The members of the board of directors are eligible for reappointment for two additional terms of up to three years each.
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
(a) for cause, including, but not limited to, a breach of the provisions of section 11 or section 12, on the recommendation of the board of directors to the Minister,
(b) if the member ceases to be a resident of New Brunswick, or
(c) in the case of a member representing workers or employers, when that member, in the opinion of the Lieutenant-Governor in Council, ceases to be representative of workers or employers, as the case may be.
9(7)Repealed: 2021, c.4, s.2
9(7.1)Repealed: 2021, c.4, s.2
9(8)Repealed: 2016, c.48, s.3
9(8.1)Unless his or her appointment is terminated, a member of the board of directors shall remain in office, despite the expiry of the member’s term, until the member resigns or is reappointed or replaced.
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.
1997, c.11, s.2; 2008, c.54, s.2; 2014, c.49, s.5; 2016, c.48, s.3; 2021, c.4, s.2
Appointment and terms
9(1)The Chairperson of the board of directors shall be appointed for a term of up to five years and he or she is eligible for re-appointment with the approval of the board of directors.
9(1.1)Repealed: 2016, c.48, s.3
9(2)The term of office of a member of the board of directors, other than the Chairperson of the board of directors and the President and Chief Executive Officer of the Commission, is for five 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(4)Repealed: 2008, c.54, s.2
9(5)Subject to subsection (7.1), the members of the board of directors are eligible for reappointment for two additional terms of three years each.
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
(a) for cause, including, but not limited to, a breach of the provisions of section 11 or section 12, on the recommendation of the board of directors to the Minister,
(b) if the member ceases to be a resident of New Brunswick, or
(c) in the case of a member representing workers or employers, when that member, in the opinion of the Lieutenant-Governor in Council, ceases to be representative of workers or employers, as the case may be.
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 three additional terms as a member of the board of directors.
9(8)Repealed: 2016, c.48, s.3
9(8.1)Unless his or her appointment is terminated, a member of the board of directors shall remain in office, despite the expiry of the member’s term, until the member resigns or is reappointed or replaced.
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.
1997, c.11, s.2; 2008, c.54, s.2; 2014, c.49, s.5; 2016, c.48, s.3
Appointment and terms
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 and the President and Chief Executive Officer of the Commission, 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(4)Repealed: 2008, c.54, s.2
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
(a) for cause, including, but not limited to, the breach of the provisions of section 11 or section 12, upon the recommendation of the board of directors to the Minister, or
(b) in the case of a member representing workers or employers, when that member, in the opinion of the Lieutenant-Governor in Council, ceases to be representative of workers or employers, as the case may be.
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.
1997, c.11, s.2; 2008, c.54, s.2; 2014, c.49, s.5
Appointment and terms
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(4)Repealed: 2008, c.54, s.2
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
(a) for cause, including, but not limited to, the breach of the provisions of section 11 or section 12, upon the recommendation of the board of directors to the Minister, or
(b) in the case of a member representing workers or employers, when that member, in the opinion of the Lieutenant-Governor in Council, ceases to be representative of workers or employers, as the case may be.
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.
1997, c.11, s.2; 2008, c.54, s.2
Appointment and terms
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(4)Repealed: 2008, c.54, s.2
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
(a) for cause, including, but not limited to, the breach of the provisions of section 11 or section 12, upon the recommendation of the board of directors to the Minister, or
(b) in the case of a member representing workers or employers, when that member, in the opinion of the Lieutenant-Governor in Council, ceases to be representative of workers or employers, as the case may be.
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.
1997, c.11, s.2; 2008, c.54, s.2
Appointment and terms
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(2)Subject to subsection (4), 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 three years.
9(3)The board of directors shall elect annually from among the persons appointed pursuant to paragraphs 8(1)(b) and 8(1)(c) two Vice-Chairpersons of the board of directors, one representative of workers and one representative of employers, one of whom shall act as Chairperson of the board of directors in the absence or inability to act of the Chairperson of the board of directors or in the case of a vacancy.
9(4)The first appointments of members of the board of directors under paragraphs 8(1)(b) and 8(1)(c) shall be on the following basis
(a) under paragraph 8(1)(b), one member shall be appointed for a term of one year, one member shall be appointed for a term of two years and one member shall be appointed for a term of three years, and
(b) under paragraph 8(1)(c), one member shall be appointed for a term of one year, one member shall be appointed for a term of two years and one member shall be appointed for a term of three years.
9(5)Members referred to in paragraphs 8(1)(b), 8(1)(c) and 8(1)(d) are eligible for re-appointment 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
(a) for cause, including, but not limited to, the breach of the provisions of section 11 or section 12, upon the recommendation of the board of directors to the Minister, or
(b) in the case of a member representing workers or employers, when that member, in the opinion of the Lieutenant-Governor in Council, ceases to be representative of workers or employers, as the case may be.
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(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 such Vice-Chairperson entitled to act in the place of the Chairperson of the board of directors.
1997, c.11, s.2