Acts and Regulations

2014, c.101 - Blind Workers’ Compensation Act

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Current to 1 January 2024
2014, c.101
Blind Workers’ Compensation Act
Deposited December 30, 2014
Definitions
1The following definitions apply in this Act.
“blind worker” means a worker as defined by the Workers’ Compensation Act and possessing in his or her better eye a central actual acuity either with or without glasses not greater than 6-60 or 20-200(Snellen). (travailleur aveugle)
“Commission” means the Workplace Health, Safety and Compensation Commission. (Commission)
“employer” means an employer as defined by the Workers’ Compensation Act who has in the employer’s employ a blind worker. (employeur)
“full cost of compensation” means compensation payable under or by virtue of Part 1 of the Workers’ Compensation Act by reason of a blind worker meeting with an accident for which he or she would be entitled to compensation under that Act, and includes the capitalized sum or present value of the sum required as determined by the Commission to provide for future payments of compensation to the worker or his or her dependants. (montant global de l’indemnité)
“Institute” means The Canadian National Institute for the Blind. (Institut)
R.S.1973, c.B-6, s.1; 1981, c.80, s.29, s.30, s.31; 1994, c.70, s.2.
Contribution to Commission
2If the full cost of compensation exceeds the sum of $50 and the industry comes under Part 1 of the Workers’ Compensation Act, the Minister of Finance and Treasury Board shall pay to the Commission from the Consolidated Fund the excess of the full cost of compensation over and above the sum of $50, and the Commission shall credit the payment or payments to the Accident Fund under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act.
R.S.1973, c.B-6, s.2; 1981, c.80, s.29; 1994, c.70, s.2; 2014, c.49, s.31; 2019, c.29, s.16
Awards
3In making an award to a blind worker for injury by accident under the Workers’ Compensation Act, the Commission may have regard to any previous awards made to him or her for injury under that Act.
R.S.1973, c.B-6, s.3; 1981, c.80, s.29; 1994, c.70, s.2.
Assessment on employer
4The assessment on an employer to be levied by the Commission in respect of the wages of a blind worker may be fixed by the Commission at an amount that may be considered fair, having regard to the provisions of the Workers’ Compensation Act.
R.S.1973, c.B-6, s.4; 1981, c.80, s.29; 1994, c.70, s.2.
Exclusive jurisdiction
5(1)Subject to subsection (2), the Institute shall have exclusive jurisdiction as to the nature of the work a blind worker may perform and as to the proper placement of the worker.
5(2)On the recommendation of the Commission, the Lieutenant-Governor in Council may designate any other organization or institution to execute the powers and perform the duties assigned to the Institute under this Act, and after which this Act shall be read as though the name of the other organization or institution were substituted for the Institute.
R.S.1973, c.B-6, s.5; 1994, c.70, s.2.
Loss of benefits by employer
6If, without the approval of the Institute, an employer gives employment to a blind worker or changes the nature of a blind worker’s employment, the employer shall be deemed to have waived all right to any benefits of this Act with respect to injury to the blind worker.
R.S.1973, c.B-6, s.6.
Access to place of employment
7Every officer of the Institute shall have a right of access at all reasonable times to the place of employment of a blind worker.
R.S.1973, c.B-6, s.7.
Provision of certificates or other material
8The Institute shall provide the Commission, on request, with all certificates or other material that may be required by the Commission in the fulfilment of its duties.
R.S.1973, c.B-6, s.8; 1994, c.70, s.2.
Review of Act
2019, c.16, s.1
9(1)On or before January 1, 2020, and every five years after that, a comprehensive review of the provisions of this Act shall be undertaken in a manner determined by the Commission.
9(2)Within two years after a review is undertaken, the Commission shall submit a report on the review to the Minister of Post-Secondary Education, Training and Labour, including a statement of any changes that the Commission recommends.
2019, c.16, s.1
N.B. This Act was proclaimed and came into force February 9, 2015.
N.B. This Act is consolidated to December 20, 2019.