1In this Part
“accident” includes a wilful and intentional act, not being the act of a worker, and also includes a chance event occasioned by a physical or natural cause, as well as a disablement caused by an occupational disease and any other disablement arising out of and in the course of employment, but does not include the disablement of mental stress or a disablement caused by mental stress, other than as an acute reaction to a traumatic event;(accident)
“Accident Fund” means the Accident Fund referred to and defined in the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act;(caisse des accidents)
“Appeals Tribunal” means the Workers’ Compensation Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act;(Tribunal d’appel)
“association” Repealed: 1980, c.56, s.1
“average earnings” when used in reference to the time of or before the injury, means the average earnings as calculated in accordance with section 37, 38.1, 38.11, 38.2, 38.51, 38.52, 38.53, 38.6 or 48, as the case may be;(salaire moyen)
“Board” Repealed: 1994, c.70, s.12
“Canada Pension Plan” means the Canada Pension Plan, chapter C-8 of the Revised Statutes of Canada, 1985, and any regulations under that Act, and includes the Québec Pension Plan; (Régime de pensions du Canada)
“Commission” means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act;(Commission)
“coal miners pneumonoconiosis” Repealed: 1989, c.65, s.1
“construction” includes reconstruction, repair, alteration, demolition, removal, renovating, painting and decorating;(construction)
“dependents” means the members of the family of a worker who were wholly or partly dependent upon his earnings at the time of his death, or who but for the incapacity due to the accident would have been so dependent;(personnes à charge)
“earning capacity” , when used in reference to the time of or before the injury, means the earning capacity calculated in accordance with section 37, 38 or 48, as the case may be;(capacité de gain)
“employer” includes
(employeur)
(a)
every person having in his service under contract of hire or apprenticeship, written or oral, express or implied, any worker engaged in any work in or about an industry,
(b)
a municipal corporation, commission, committee, body or other local authority established or exercising any powers or authority with respect to the affairs or purposes, including school purposes, of a municipality,
(c)
a person who authorizes or permits a learner to be in or about an industry for the purposes mentioned in the definition “learner”,
(c.1)
a deemed employer, and
(d)
the Crown in right of the Province of New Brunswick, and of Canada, and any permanent board, commission, or corporation established by the Crown in right of the Province of New Brunswick, or of Canada, in so far as they, or either of them, in their capacity as employers, submit to the operation of this Act;
“Employment Insurance Act” means the Employment Insurance Act, chapter 23 of the Statutes of Canada, 1996, and any regulations under that Act;(Loi sur l’assurance-emploi)
“industrial disease” Repealed: 1989, c.65, s.1
“industry” means the whole or any part of any industry, operation, undertaking or employment within the scope of this Part; and in the case of any industry, operation, undertaking or employment not as a whole within the scope of this Part means any department or part of such industry, operation, undertaking or employment as would, if carried on by itself, be within the scope of this Part;(industrie)
“invalid” means physically or mentally incapable of earning;(invalide)
“learner” means any person who, although not under contract of service or apprenticeship, becomes subject to the hazards of an industry within the scope of this Act, for the purpose of undergoing training or probationary work supplied or stipulated by the employer as a preliminary to employment and includes a student attending an educational institution in the Province while participating in an approved work experience program at the place of business of an employer to whom this Act applies;(stagiaire)
“manufacturing” Repealed: 2001, c.36, s.1
“medical aid” includes medical, surgical and dental aid, hospital and skilled nursing services, services of a registered chiropractor within his legal jurisdiction, artificial members and apparatus including the repair and replacement thereof, transportation, clothing allowances with respect to damage caused to clothing as a result of the use of an artificial apparatus or as a result of any accident, and such other treatment, services or attendance as are necessary as a result of any injury;(aide médicale)
“medical practitioner” means a person duly registered under the laws of the Province as authorized to practice medicine in the Province, and includes a medical officer of Her Majesty’s armed forces serving in the Province;(médecin)
“member of a municipal volunteer fire brigade” means a person whose membership has been approved by the chief of the fire department of a municipal corporation, commission, committee, body or other local authority;(membre d’un corps municipal de pompiers volontaires)
“member of the family” , for the purpose of paying compensation or benefits to a dependent, includes spouse, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother and half-sister, and a person who stood in loco parentis whether related to the worker by consanguinity or not so related;(membre de la famille)
“mining” includes mine rescue work;(exploitation minière)
“motor vehicle” means
(véhicule à moteur)
(i)
required to be registered under the
Motor Vehicle Act,
(ii)
authorized pursuant to section 46, 47 or 50 of the
Motor Vehicle Act to be operated on the highways of the Province without being registered under that Act, or
(iii)
used as an ambulance or by a fire department for protection against fires, whether or not registered under the
Motor Vehicle Act,
whether or not it is being operated on a highway, or
(b)
any other motor vehicle, including a farm tractor, while being operated on a highway,
and for the purposes of this definition “highway” means a highway as defined in the
Motor Vehicle Act;
“municipality” means a local government as defined in subsection 1(1) of the Local Governance Act; (municipalité)
“navigation” Repealed: 1989, c.65, s.1
“occupational disease” means any disease, which by the regulations, is declared to be an occupational disease and includes any other disease peculiar to or characteristic of a particular industrial process, trade or occupation;(maladie professionelle)
“Old Age Security Act” means the Old Age Security Act, chapter O-6 of the Revised Statutes of Canada, 1970 and any regulations under that Act;(Loi sur la sécurité de la vieillesse)
“outworker” means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for use or sale, in his own home or in other premises not under the control or management of the person who gave out the articles or materials;(ouvrier indépendant)
“panel” Repealed: 1980, c.56, s.1
“Pension Fund” means the fund provided for the payment of pensions in accordance with sections 38.22, 38.54 and 38.7;(Caisse de retraite)
“permanent total disability” without restricting the generality of the term, includes the loss of both eyes, both hands, both feet, or one hand and one foot;(invalidité totale permanente)
“person” includes the legal representative of that person, or the successors of a corporation;(personne)
“quarrying” includes excavation for any purpose, drilling, and the removal or transportation of any rock, shale, gravel, sand, earth or other material;(exploitation de carrières)
“Québec Pension Plan” means the Québec Pension Plan established pursuant to An Act Respecting the Québec Pension Plan, chapter R-9 of the Revised Statutes of Québec, 1977;(Régime des rentes du Québec)
“regulation” means regulation made by the Lieutenant-Governor in Council under the authority of this Part;(règlements)
“school” means a school within the meaning of the Education Act and includes a university, college and all other types of occupational, trade, technical or professional training establishments;(école)
“silicosis” Repealed: 1989, c.65, s.1
“spouse” means a person who, at the time of the death of the worker,
(conjoint)
(a)
was married to and was cohabiting with the worker,
(b)
was not married to but was cohabiting with the worker in a conjugal relationship and had, immediately before the death of the worker, been cohabiting
(i)
for not less than three years, or
(ii)
for not less than one year if a child of whom the person and the worker are the natural parents had been or is to be born;
“stevedoring” means the loading or unloading of vessels and railway cars and the handling of goods, articles and commodities on or about any dock, wharf or quay;(arrimage)
“teaming” Repealed: 2001, c.36, s.1
“Unemployment Insurance Act” Repealed: 1998, c.4, s.1
“worker” means a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise, and includes
(travailleur)
(a.1)
an emergency services worker within the meaning of any agreement made under the
Emergency Measures Act between the Government of Canada and the Government of New Brunswick in which provision is made for compensation with respect to the injury or death of such workers,
(b)
a member of a municipal volunteer fire brigade, and
(c)
a person employed in a management capacity by the employer, including an executive officer of a corporation, where that executive officer is carried on the pay-roll.
R.S., c.255, s.1; 1955, c.81, s.1; 1957, c.68, s.1; 1961-62, c.72, s.1; 1975, c.92, s.1; 1979, c.73, s.1; 1980, c.C-2.1, s.162; 1980, c.56, s.1; 1981, c.80, s.2; 1984, c.34, s.1; 1985, c.38, s.1; 1989, c.65, s.1; 1992, c.34, s.1; 1994, c.70, s.12; 1997, c.42, s.11; 1998, c.4, s.1; 2001, c.36, s.1; 2005, c.7, s.89; 2008, c.45, s.43; 2014, c.49, s.38; 2017, c.20, s.177; 2019, c.16, s.7