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- Workers’ Compensation Act
Detailled Table of Contents
Document at 1 February 2021
Workers’ Compensation Act
I
1
Definitions
1.1
Transitional
SCOPE
2
Application of Part I
2.1
Deemed employer
3
Repealed
4
Admission of industry or worker to scope of Part I
5
Person assisting peace officer
6
Exclusion of industry
COMPENSATION
7
When compensation payable
7.1
Presumption respecting post-traumatic stress disorder
8
Inter-provincial worker
8.1
Election to receive compensation for accident in other jurisdiction
9
Effect of cause of action on compensation
10
Election of worker
11
Right of action against employer or employee
12
Part I in lieu of cause of action
13
Voiding of waiver of benefits
14
Offence respecting deduction from employee’s wages
14.1
Penalty for unlawful deductions
15
Non-assignability and freedom from process
16
Limitation of time for application
WORKERS’ COMPENSATION BOARD
Repealed: 1994, c.70, s.12
17
Repealed
18
Repealed
19
Repealed
20
Repealed
20.1
Repealed
20.2
Repealed
21
Repealed
22
Repealed
23
Repealed
24
Repealed
25
Repealed
25.1
Repealed
25.11
Repealed
25.2
Repealed
26
Repealed
26.1
Repealed
27
Repealed
28
Submission of Crown to Act
29
Repealed
30
Repealed
30.1
Repealed
JURISDICTION OF COMMISSION
31
Jurisdiction of Commission
32
Witnesses and production of evidence
33
Delegation of powers of inquiry
34
Review of Commission proceedings, legal precedent
35
Certificate of order, ruling or decision of Commission
35.1
Certificate respecting copy or extract
36
Repealed
SCALE OF COMPENSATION
37
Determination of scale of compensation
37.01
Definition for purposes of sections 37, 38 and 48
37.1
Repealed
37.2
Repealed
37.3
Repealed
37.4
Repealed
37.5
Repealed
37.6
Repealed
37.7
Repealed
37.8
Repealed
37.9
Repealed
37.91
Repealed
37.92
Repealed
37.93
Repealed
38
Injury before coming into force of section 38.2, effect of increase in scale after June 1, 1960
38.1
Definitions for various sections
38.11
Computation of compensation – injury on or after January 1, 1998
38.2
Computation of compensation – injury on or after January 1, 1982 but before January 1, 1998
GUARANTEED SUPPLEMENT
38.21
Provision of guaranteed supplement
PENSION BENEFITS
38.22
Pension benefits
PENSION BENEFITS
Repealed: 1992, c.34, s.14
38.3
Repealed
TRANSITIONAL
Repealed: 1982, c.67, s.4
38.4
Repealed
BURIAL ANDRELATED EXPENSES
38.5
Burial and related expenses
SURVIVORS’ BENEFITS
38.51
Computation of benefits – general
38.52
Computation of benefits – dependent surviving spouse
38.53
Idem
38.54
Pension benefits
38.6
Computation of benefits
38.7
Pension benefits
38.8
Dependant surviving spouse and child
38.81
Reinstatement of benefits under section 38.6 or 38.8
38.9
Repealed
GENERAL
38.91
Payment of compensation or benefits
39
Repealed
40
Form of payment, special operation or medical treatment
41
Medical aid
41.1
Medical examination
41.2
Circumstances where Commission may diminish or suspend compensation
42
Determination of scale
42.1
Employer’s duty when worker suffers personal injury by accident
42.2
Application of Employment Standards Act respecting section 42.1
REHABILITATION
42.3
No dismissal, suspension, lay off, penalty, discipline or discrimination as a result of injury by accident
42.4
Employer’s duty to re-employ injured workers
42.5
Enforcement of obligations under section 42.4
42.6
Early and safe return to work
43
Rehabilitation
PAYMENT OFCOMPENSATION
44
Application for compensation, physician reports, notice of accident
45
Mode of payment of compensation
46
Power of Commission to re-open decision
47
Information respecting dependent
UPGRADING OF FORMER AWARDS
48
Upgrading of former awards
CLASSIFICATION
49
Payment of compensation and administrative fees out of Accident Fund
50
Classification of industries
REVIEW OF ACT
50.1
Review of Act
51
More than one class in single industry
ASSESSMENT
52
Annual estimate of assessment
53
Statement of wages, notice of building permit or development and building permit, statement of employer
53.1
Notices by employer
54
Assessment of employer
55
Separate accounts for each class
56
Capitalized reserves
57
Classification of industry
58
Scheme of insurance or re-insurance
59
Mode and notice of assessment
60
To whom notice of assessment given
61
Duty of employer to pay assessment
62
Provisional levy
63
Deficiency in assessment
64
Temporary industry
65
Deficiency in assessment
66
Special fund
67
Penalty respecting failure to pay assessment
68
Effect of failure to furnish required documents
LIABILITY FOR ASSESSMENTS
69
Municipality or public service commission
70
Liability of contractor, sub-contractor and principal
71
Enforcement of mechanics’ lien
72
Distribution in case of death or wind-up, assessment and other amounts to be fixed charge
72.1
Assignment of book debts void
72.2
Security interests void
72.3
Liability on bulk sales
73
Action for recovery of assessment
74
Annual adjustment of assessment
75
Verified payroll, computation of payroll
76
Change of ownership in industry
77
Examination of books and accounts
77.1
Obstruction of Commission or authorized person – examination
78
Powers of entry of Commission
78.1
Obstruction of Commission or authorized person – inspection
79
Repealed
79.1
Repealed
SAFETY ASSOCIATIONS
79.2
Designation and funding of safety association
79.3
Operation of safety association
79.4
Regulations
INVESTMENT OF FUNDS
80
Repealed
REGULATIONS
81
Regulations
81.1
Repealed
ADMINISTRATIVE PENALTIES
82
Penalties
82.1
Administrative penalties
WORKER’S ANDEMPLOYER’S ADVOCATES
83
Repealed
83.1
Workers’ Advocate
83.2
Employer’s Advocate
ADVISORY COMMITTEE
Repealed: 1987, c.64, s.15
84
Repealed
OCCUPATIONAL DISEASES
85
Occupational diseases
II
86
Application of Part II
87
Compensation under Part II, liability under Part II
88
Effect of contributory negligence under Part II