Acts and Regulations

W-13 - Workers’ Compensation Act

Section 82.1
Disposition versions

Full text
Administrative penalties
2019, c.39, s.23
82.1(1)The Commission may impose an administrative penalty in respect of a contravention of the following provisions: 
(a) section 14;
(b) subsection 41(5);
(c) subsection 41(8);
(d) section 42.4;
(e) subsection 44(4);
(f) subsection 44(4.1);
(g) subsection 44(5);
(h) subsection 53(1);
(i) subsection 53(2);
(j) subsection 53(3);
(k) subsection 53(9);
(l) subsection 53.1(1);
(m) subsection 53.1(2);
(n) subsection 77.1(1);
(o) subsection 78.1(1).
82.1(2)Subject to subsection (3), an administrative penalty payable for a contravention of a provision set out in subsection (1) may be in an amount
(a) up to $500 for a first contravention,
(b) up to $2,000 for a second contravention, and
(c) up to $10,000 for a third or subsequent contravention.
82.1(3)An administrative penalty payable for a contravention of section 42.4 may be in an amount up to the worker’s average net earnings for the 12-month period immediately before the injury by accident.
82.1(4)In subsection (3), “average net earnings” means the average earnings of the worker less any income tax and premiums under the Employment Insurance Act and contributions under the Canada Pension Plan that would be payable by the worker based on those earnings.
82.1(5)The Commission shall impose an administrative penalty by issuing a notice of administrative penalty that includes the following information: 
(a) a description of the alleged contravention;
(b) the amount of the administrative penalty and the consequences for failing to respond to the notice;
(c) when and how to pay the administrative penalty;
(d) a statement that the person may
(i) request a review by the Commission of the administrative penalty by sending a request for review in accordance with section 19.11 of the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act within 14 days after being served the notice, and
(ii) appeal the decision made by the Commission in a review referred to in subparagraph (i) under section 21 of the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act within seven days after being provided written reasons for the decision;
(e) any other information prescribed by regulation.
82.1(6)A notice of administrative penalty shall not be issued more than one year after the Commission first had knowledge of the contravention.
82.1(7)The Commission shall serve a notice of administrative penalty on the person to whom it is directed
(a) in the manner in which personal service may be made under the Rules of Court, or
(b) by registered mail to the person’s latest known address.
82.1(8)An administrative penalty is payable to the Commission and shall form part of the Accident Fund.
82.1(9)An administrative penalty is an amount owing under this Act and becomes a debt due to the Commission.
82.1(10)The Commission may issue a certificate stating the amount of a debt due and the name of the debtor.
82.1(11)A certificate issued under subsection (10) may be filed in The Court of King’s Bench of New Brunswick and entered and recorded in the Court and when entered and recorded may be enforced as a judgment obtained in the Court by the Commission against the person named in the certificate for a debt of the amount specified in the certificate.
82.1(12)All reasonable costs and charges resulting from the filing, entering and recording of a certificate under subsection (11) may be recovered as if the amount had been included in the certificate.
2019, c.39, s.23; 2023, c.17, s.285
Administrative penalties
2019, c.39, s.23
82.1(1)The Commission may impose an administrative penalty in respect of a contravention of the following provisions: 
(a) section 14;
(b) subsection 41(5);
(c) subsection 41(8);
(d) section 42.4;
(e) subsection 44(4);
(f) subsection 44(4.1);
(g) subsection 44(5);
(h) subsection 53(1);
(i) subsection 53(2);
(j) subsection 53(3);
(k) subsection 53(9);
(l) subsection 53.1(1);
(m) subsection 53.1(2);
(n) subsection 77.1(1);
(o) subsection 78.1(1).
82.1(2)Subject to subsection (3), an administrative penalty payable for a contravention of a provision set out in subsection (1) may be in an amount
(a) up to $500 for a first contravention,
(b) up to $2,000 for a second contravention, and
(c) up to $10,000 for a third or subsequent contravention.
82.1(3)An administrative penalty payable for a contravention of section 42.4 may be in an amount up to the worker’s average net earnings for the 12-month period immediately before the injury by accident.
82.1(4)In subsection (3), “average net earnings” means the average earnings of the worker less any income tax and premiums under the Employment Insurance Act and contributions under the Canada Pension Plan that would be payable by the worker based on those earnings.
82.1(5)The Commission shall impose an administrative penalty by issuing a notice of administrative penalty that includes the following information: 
(a) a description of the alleged contravention;
(b) the amount of the administrative penalty and the consequences for failing to respond to the notice;
(c) when and how to pay the administrative penalty;
(d) a statement that the person may
(i) request a review by the Commission of the administrative penalty by sending a request for review in accordance with section 19.11 of the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act within 14 days after being served the notice, and
(ii) appeal the decision made by the Commission in a review referred to in subparagraph (i) under section 21 of the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act within seven days after being provided written reasons for the decision;
(e) any other information prescribed by regulation.
82.1(6)A notice of administrative penalty shall not be issued more than one year after the Commission first had knowledge of the contravention.
82.1(7)The Commission shall serve a notice of administrative penalty on the person to whom it is directed
(a) in the manner in which personal service may be made under the Rules of Court, or
(b) by registered mail to the person’s latest known address.
82.1(8)An administrative penalty is payable to the Commission and shall form part of the Accident Fund.
82.1(9)An administrative penalty is an amount owing under this Act and becomes a debt due to the Commission.
82.1(10)The Commission may issue a certificate stating the amount of a debt due and the name of the debtor.
82.1(11)A certificate issued under subsection (10) may be filed in The Court of Queen’s Bench of New Brunswick and entered and recorded in the Court and when entered and recorded may be enforced as a judgment obtained in the Court by the Commission against the person named in the certificate for a debt of the amount specified in the certificate.
82.1(12)All reasonable costs and charges resulting from the filing, entering and recording of a certificate under subsection (11) may be recovered as if the amount had been included in the certificate.
2019, c.39, s.23