16(2)If a firefighter or former firefighter receives a retroactive payment under the Canada Pension Plan Act (Canada) with respect to the disablement and the compensation paid by the Commission under this Act has not been reduced under subsection (1) and if the firefighter or former firefighter assigns the payment to the Commission and subsequently pays income tax on the amount assigned, the Commission shall reimburse an amount from the Disability Fund that, in the opinion of the Commission, is equivalent to the income tax paid on the amount assigned.

19(6)If a firefighter or former firefighter is entitled to a pension under subsection (1) and the amount set aside for a purchase of an annuity in accordance with the regulations would be less than 60% of the New Brunswick Industrial Aggregate Earnings, the Commission may, instead of that pension, pay to the firefighter or former firefighter at the age of 65 years the accumulated capital and the return, whether positive or negative, on the accumulated capital.

22(1)If a firefighter or former firefighter to whom section 21 applies is survived by a dependent spouse, the Commission shall pay to that spouse for one year or to the age of 65 years, whichever occurs first, benefits equal to 80% of the firefighter’s or former firefighter’s average net earnings, based on their average earnings as determined by the Commission.

22(1.1)On and after July 1, 2025, the reference to “80%” in subsection (1) shall be read as a reference to “85%”.

24(3.1)On and after July 1, 2025, the references to “85%” in subsections (2) and (3) shall be read as references to “90%”.

25(1.1)On and after July 1, 2025, the reference to “60%” in paragraph (1)(b) shall be read as a reference to “65%”.

26(0.1)If benefits are paid to a surviving dependent spouse under subsection 20.1(2), the Commission shall, as of the first day benefits are paid under that subsection, set aside an amount equal to 10% of the benefits paid to the spouse under that subsection, and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the spouse at the age of 65 years.

26(1.1)Despite subsection (1), on and after July 1, 2025, the Commission shall set aside an amount equal to 10% of the benefits paid to a surviving dependent spouse under subsection 24(2) on and after that date, and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the spouse at the age of 65 years.

26(2.1)Despite subsection (2), on and after July 1, 2025, the Commission shall set aside an amount equal to 10% of the benefits paid to a surviving dependent spouse under subsection 25(1) on and after that date, and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the spouse at the age of 65 years.

26(5.1)On and after July 1, 2025, the reference to “5%” in subsection (5) shall be read as a reference to “10%”.

26(8)If a surviving dependent spouse is entitled to a pension and the amount set aside for a purchase of an annuity in accordance with the regulations would be less than 60% of the New Brunswick Industrial Aggregate Earnings, the Commission may, instead of that pension, pay the accumulated capital and the return, whether positive or negative, on the accumulated capital to the spouse at the age of 65 years.

41(2)No municipality or rural community that employs a person as a firefighter shall dismiss, suspend, lay off, penalize, discipline or discriminate against them because they have a disablement in respect of which they are, in the opinion of the Commission, entitled to make a claim for compensation under this Act, from the date of the disablement to the later of

7(1)When an accident arising out of and in the course of the worker’s employment in an industry within the scope of this Part causes personal injury or death to a worker, compensation shall be paid to that worker or the worker’s dependents, as the case may be, in accordance with the following provisions, unless the accident was, in the opinion of the Commission, intentionally caused by the worker, or was wholly or principally due to intoxication or serious or wilful misconduct on the part of the worker and did not result in the death or serious and permanent disability of the worker.

7(3)When a worker is engaged in work of which part is to be performed in this Province and part in another province or country, the work shall be considered as done and performed in this Province, with the worker or the worker’s dependents being entitled to be paid compensation under this Part, and the employer shall include that worker in the payroll submitted to the Commission and notify the Commission that one or more worker included in the payroll may be so engaged, but if the employer fails to include that worker in the payroll and notify the Commission accordingly, the employer shall be individually liable for the payment of the compensation to the injured worker or the worker’s dependents, as the case may be, unless it can be shown that the worker is entitled to compensation under a compensation Act of the other province or country.

10(1)Subject to section 11, if a worker suffers an accident in the course of their employment in circumstances that entitle the worker or the worker’s dependents to bring an action against some person other than the employer, the worker or the worker’s dependents, if entitled to compensation under this Part, may either claim compensation or bring the action.

10(2)If a worker suffers an accident in the course of their employment in circumstances that entitle the worker or the worker’s dependents to bring an action against some person other than the employer and the worker or the worker’s dependents collect any amount from the person against whom the action may be brought before the action is brought, they shall be deemed for the purposes of this section to have brought an action.

10(10)If a worker or the worker’s dependents, or any combination of them, have claimed compensation under this Part, the Commission shall be subrogated to all rights of that worker or dependents in respect of the injuries to the worker as against the person against whom the action lies and may maintain an action in the name of the worker or the worker’s dependents or in the name of the Commission; and if more is recovered and collected than the amount of the compensation to which the worker or the worker’s dependents would be entitled under this Part, the amount of the excess, less costs and administration charges, shall be paid to the worker or the worker’s dependents, and that amount shall be deducted from the amount of any future compensation or other benefits to which the worker or the worker’s dependents may become entitled in respect of the accident.

38.1(2)For the purposes of subsection (1), if the employer was accustomed to paying the worker a sum of money to cover any special expenses imposed by the nature of the worker’s employment, that sum shall not be included as part of the worker’s earnings.

38.51(2.1)On and after July 1, 2025, the reference to “eighty per cent” in subsection (2) shall be read as a reference to “85%”.

38.51(11)Benefits shall be payable for a surviving dependent child who is physically or mentally incapable of earning, without regard to age, at a rate reasonable and proportionate to the pecuniary loss to the child on a scale to be determined by the Commission, having regard to the scale of payments set out in subsection (8), but the yearly amount paid by the Commission shall not be less than 15% of the New Brunswick Industrial Aggregate Earnings, and the payments shall continue during the lifetime of the child or until the child is capable of earning or ceases to be a dependent.

38.51(12)If a dependent other than a dependent surviving spouse or child under subsection (8) or (11) was dependent upon the worker at the time of the worker’s death, the Commission may pay benefits to the dependent

38.52(1.1)On and after July 1, 2025, the references to “eighty-five per cent” in subsections (1) and (2) shall be read as references to “90%”.

38.52(9)Benefits shall be payable for a surviving dependent child who is physically or mentally incapable of earning without regard to age, at a rate reasonable and proportionate to the pecuniary loss to the child on a scale to be determined by the Commission, having regard to the scale of payments laid down in subsection (6), but the yearly amount paid by the Commission shall not be less than 15% of the New Brunswick Industrial Aggregate Earnings, and the payments shall continue during the lifetime of the child or until the child is capable of earning or ceases to be a dependent.

38.52(10)If a dependent other than a dependent surviving spouse or child under subsection (6) or (9) was dependent upon the worker at the time of the worker’s death, the Commission may pay benefits to the dependent

38.53(1.1)On and after July 1, 2025, the reference to “sixty per cent” in paragraph (1)(b) shall be read as a reference to “65%”.

38.53(7)Benefits shall be payable for a surviving dependent child who is physically or mentally incapable of earning without regard to age, at a rate reasonable and proportionate to the pecuniary loss to the child on a scale to be determined by the Commission, having regard to the scale of payments set out in subsection (3), but the yearly amount paid by the Commission shall not be less than 15% of the New Brunswick Industrial Aggregate Earnings, and the payments shall continue during the lifetime of the child or until the child is capable of earning or ceases to be a dependent.

38.53(8)If a dependent other than a dependent surviving spouse or child under subsection (3) or (7) was dependent upon the worker at the time of the worker’s death, the Commission may pay benefits to the dependent

38.54(0.1)If benefits are paid to a dependent surviving spouse under subsection 38.501(2), the Commission shall, as of the first day benefits are paid under that subsection, set aside an amount equal to 10% of the benefits paid to the spouse under that subsection, and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the spouse at the age of 65 years.

38.54(1.1)Despite subsection (1), on and after July 1, 2025, the Commission shall set aside an amount equal to 10% of the benefits paid to a dependent surviving spouse under subsection 38.52(1) on and after that date, and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the spouse at the age of 65 years.

38.54(2.1)Despite subsection (2), on and after July 1, 2025, the Commission shall set aside an amount equal to 10% of the benefits paid to a dependent surviving spouse under subsection 38.53(1) on and after that date, and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the spouse at the age of 65 years.

38.54(5.1)On and after July 1, 2025, the reference to “five per cent” in subsection (5) shall be read as a reference to “10%”.

38.54(8)If a dependent surviving spouse is entitled to a pension under this section and the amount set aside for a purchase of an annuity in accordance with the regulations would be less than 60% of the New Brunswick Industrial Aggregate Earnings, the Commission may, instead of that pension, pay the accumulated capital and the return, whether positive or negative, on the accumulated capital to the spouse at the age of 65 years.

38.6(2.1)On and after July 1, 2025, the reference to “eighty per cent” in subsection (2) shall be read as a reference to “85%”.

38.6(3.1)On and after July 1, 2025, the references to “ninety percent” and “ninety per cent” in subsection (3) shall be read as references to “95%”.

38.6(11)Benefits shall be payable for a surviving dependent child who is physically or mentally incapable of earning without regard to age, at a rate reasonable and proportionate to the pecuniary loss to the child on a scale to be determined by the Commission, having regard to the scale of payments set out in subsection (6), but the yearly amount paid by the Commission shall not be less than 15% of the New Brunswick Industrial Aggregate Earnings, and the payments shall continue during the lifetime of the child or until the child is capable of earning or ceases to be a dependent.

38.6(12)If a dependent other than a dependent surviving spouse or child under subsection (6) or (11) was dependent upon the worker at the time of the worker’s death, the Commission may pay benefits to the dependent

38.7(1.1)Despite subsection (1), on and after July 1, 2025, the Commission shall set aside an amount equal to 10% of the benefits paid to a dependent surviving spouse under subsection 38.6(2) on and after that date, and that amount together with the rate of return, whether positive or negative, applied to the amount shall be used to provide a pension for the spouse at the age of 65 years.

38.7(4)If a dependent surviving spouse is entitled to a pension under subsection (1) or (1.1) and the amount set aside for a purchase of an annuity in accordance with the regulations would be less than 60% of the New Brunswick Industrial Aggregate Earnings, the Commission may, instead of that pension, pay the accumulated capital and the return, whether positive or negative, on the accumulated capital to the surviving spouse at the age of 65 years or at the expiration of the two-year period mentioned in subsection 38.6(2), as the case may be.

38.8(6)Benefits shall be payable for a surviving dependent child who is physically or mentally incapable of earning without regard to age who was in receipt of benefits or was eligible for benefits before the coming into force of this section, at a rate reasonable and proportionate to the pecuniary loss to the dependent on a scale determined by the Commission, having regard to the scale of payments set out in subsections (2) and (3), but the annual amount paid by the Commission shall not be less than 15% of the New Brunswick Industrial Aggregate Earnings, and payments to that child shall continue during the lifetime of the child or until the child is capable of earning or ceases to be a dependent.

38.8(9)If a dependent, other than a dependent surviving spouse under subsection (2) or a child under subsection (3) or (6), was in receipt of benefits or was eligible for survivors’ benefits before the coming into force of this section, the Commission shall continue to pay benefits to the dependent

41(6)When an employer establishes or has established, in connection with any industry carried on by the employer, an arrangement for furnishing medical aid to workers that, in the opinion of the Commission, is at least as favourable to the workers as that provided for in subsection (2), the Commission may, after investigating the facts and considering the wishes of both workers and employer, approve of those arrangements, and as long as the approval continues, those arrangements may be continued instead of the medical aid provided for in this Act, and if an injury is within the scope of this Part, the employer shall be entitled to reimbursement out of the Accident Fund, or to reduction in the rate of assessment as the Commission considers just, but any medical aid furnished or provided shall be subject at all times to the supervision and control of the Commission.

53(4)If any employer does not file with the Commission the prescribed statement within the prescribed time, the Commission may base any assessment or supplementary assessment on the employer after the prescribed time on a sum that in the Commission’s opinion is the probable amount of the payroll of the employer, and the employer shall be bound, but if it is later ascertained that the amount is less than the actual amount of the payroll, the employer shall be liable to pay to the Commission the difference between the amount for which the employer was assessed and the amount for which the employer would have been assessed on the basis of the payroll.

54(1.1)Despite subsection (1), in the event the Commission incurs a going concern funding deficit in any fiscal year, the Commission shall take the necessary steps following the occurrence of the deficit to assess, levy and collect sufficient funds to fund the deficit within the period of time determined to be reasonable and prudent by the Commission in the circumstances, to a maximum of 15 years.

85(1)If a worker suffers from an occupational disease and is as a result disabled or the worker’s death is caused by an occupational disease and the disease is due to the nature of any employment in which the worker was engaged, whether under one or more employments, the worker is or the worker’s dependents are entitled to compensation as if the disease was a personal injury by accident and the disablement was the happening of the accident, unless at the time of entering into the employment, the worker wilfully and falsely represented in writing that the worker had not previously suffered from the disease.

87(1)When personal injury is caused to a worker by reason of any defect in the condition or arrangement of the ways, works, machinery, plant, buildings or premises connected with, intended for or used in the business of the worker’s employer or by reason of the negligence of the worker’s employer or any person in the service of the employer acting within the scope of that person’s employment, the worker, or if the injury results in death, the legal personal representative of the worker and any person entitled in case of death, have a right of action against the employer, and if the action is brought by the worker, the worker is entitled to recover from the employer the damages the worker sustained by or in consequence of the injury, and if the action is brought by the legal personal representative of the worker or by or on behalf of persons entitled to damages under the Fatal Accidents Act, they are entitled to recover such damages as they are entitled to under that Act.

87(2)If the execution of any work is being carried into effect under a contract and the person for whom the work is done owns or supplies any ways, works, machinery, plant, building or premises, and by reason of any defect in the condition or arrangement of them, personal injury is caused to a worker employed by the contractor or by a sub-contractor, and the defect arose from the negligence of the person for whom the work or any part of it is done or of some person in that person’s service and acting within the scope of their employment, the person for whom the work or that part of the work is done is liable to the action as if the workers had been employed by that person, and for that purpose shall be deemed to be the employer of the worker within the meaning of this Act, but any such contractor or sub-contractor is liable to the action as if this subsection had not been enacted but not so that double damages are recoverable for the same injury.