BILL NO. 90

1st Session, 57th General Assembly
Nova Scotia
47 Elizabeth II, 1998



Government Bill



Workers' Compensation Act
(amended)

WITH CHANGES RECOMMENDED BY THE LAW AMENDMENTS COMMITTEE TO THE COMMITTEE OF THE WHOLE HOUSE ON BILLS

[ = text deleted]



The Honourable Russell MacKinnon
Minister of Labour



First Reading: November 26, 1998

Second Reading: December 1, 1998

Law Amendments Committee: March 25, 1999

Third Reading: April 13, 1999

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An Act to Amend Chapter 10
of the Acts of 1994-95,
the Workers' Compensation Act

Be it enacted by the Governor and Assembly as follows:

1 Chapter 10 of the Acts of 1994-95, the Workers' Compensation Act, is amended by adding immediately after Section 10 the following Sections:

2 (1) Subsection 21(1) of Chapter 10 is amended by

(a) striking out "six months" in the second and third lines of clause (c) and substituting "one week"; and

(b) striking out "may" in the tenth line and substituting "shall".

(2) Subsection 21(2) of Chapter 10 is repealed.

3 (1) Sections 30 and 31 of Chapter 10 are repealed and the following Sections substituted:

(2) Subsection (1) applies to causes of action arising after the coming into force of this Section.

4 (1) Subsection 37(4) of Chapter 10 is repealed and the following subsection substituted:

(2) Subsections 37(7) and (8) of Chapter 10 are repealed.

5 (1) Section 60 of Chapter 10 is amended by adding immediately after subsection (3) the following subsections:

(2) Subsection (1) has effect on and after February 1, 1996.

6 Chapter 10 is amended by adding immediately after Section 60 the following Section:

7 (1) Clause 71(1)(b) of Chapter 10 is repealed.

(2) Subsection (1) has effect on and after February 6, 1995.

8 (1) Clause 73(1)(c) of Chapter 10 is amended by adding "of at least ten percentage points according to the schedule established pursuant to Section 34" immediately after "rating" in the third line.

(2) Section 73 of Chapter 10 is further amended by adding immediately after subsection (2) the following subsection:

9 Chapter 10 is amended by adding immediately after Section 73 the following Section:

10 Section 125 of Chapter 10 is amended by adding immediately after subsection (2) the following subsections:

11 Subsection 134(3) of Chapter 10 is repealed and the following subsection substituted:

12 Chapter 10 is further amended by adding immediately after Section 134 the following Sections:

13 Subsection 160(1) of Chapter 10 is amended by striking out "June 30th" in the third line and substituting "April 1st".

14 Chapter 10 is further amended by adding immediately after Section 160 the following Section:

15 Subsection 161(1) of Chapter 10 is amended by striking out "third" in the second line and substituting "seventh".

16 Section 177 of Chapter 10 is amended by adding "(1)" immediately after the Section number and by adding the following subsection:

17 (1) Section 183 of Chapter 10 is amended by adding immediately after subsection (5) the following subsection:

(2) Section 183 of Chapter 10 is further amended by adding immediately after subsection (6) the following subsection:

(3) Subsection 183(7) of Chapter 10 is amended by striking out "any of them" in the fourth line and substituting "the Chair, an officer or an employee of the Board".

18 Subsection 184(5) of Chapter 10 is repealed.

19 Chapter 10 is further amended by adding immediately after Section 184 the following Section:

20 Clause 188(b) of Chapter 10 is repealed.

21 Subsection 193(3) of Chapter 10 is amended by

(a) repealing clause (a); and

(b) striking out "reconsideration or" in the last line.

22 Section 196 of Chapter 10 is repealed.

23 (1) Subsection 197(1) of Chapter 10 is amended by striking out "196" in the third line and substituting "185".

(2) Subsection 197(2) of Chapter 10 is amended by striking out "196" in the last line and substituting "185".

(3) Section 197 of Chapter 10 is further amended by adding immediately after subsection (7) the following subsection:

24 (1) Clause 204(1)(b) of Chapter 10 is amended by adding "or Chapter 508 of the Revised Statutes, 1989" immediately after "Act".

(2) Subsection 204(4) of Chapter 10 is amended by striking out "for the Board's or the Tribunal's consideration" in the last line and substituting "and the Board or the Appeals Tribunal, as the case may be, are bound to follow the opinion of the panel".

25 (1) Section 228 of Chapter 10 is amended by adding immediately after subsection (4) the following subsection:

(2) Subsection (1) has effect on and after February 6, 1995.

26 (1) Subsection 238(3) of Chapter 10 is amended by adding immediately after clause (a) the following clause:

(2) Subsection 238(4) of Chapter 10 is amended by adding "and the Deputy Chief Appeal Commissioner" immediately after "Commissioner" in the first line.

(3) Subsection 238(6) of Chapter 10 is amended by adding "and the Deputy Chief Appeal Commissioner" immediately after "Commissioner" in the second line.

27 Section 243 of Chapter 10 is repealed and the following Section substituted:

28 Section 246 of Chapter 10 is amended by adding immediately after subsection (2) the following subsections:

29 (1) Subsection 251(1) of Chapter 10 is amended by adding "or the disposition of the appeal" immediately after "evidence" in the last line.

(2) Subsection 251(2) of Chapter 10 is amended by striking out ", if leave to appeal is granted," in the fourth line.

30 Section 252 of Chapter 10 is amended by adding immediately after subsection (2) the following subsection:

31 (1) Chapter 10 is amended by adding immediately after Section 255 the following Section:

(2) Subsection (1) has effect on and after February 6, 1995.

32 Subsection 256(1) of Chapter 10 is amended by striking out "but on no other question of law or fact" in the fourth and fifth lines and substituting "or on any question of law but on no question of fact".

33 Subsection 257(1) of Chapter 10 is amended by adding "within ninety days of the fiscal year end of the Appeals Tribunal" immediately after "Minister" in the second line.

34 Chapter 10 is amended by adding immediately after Section 258 the following heading and Section:

35 Section 260 of Chapter 10 is amended by adding "(1)" immediately after the Section number and by adding the following subsection:

36 Chapter 10 is further amended by adding immediately after Section 260 the following Section:

37 Subclause 261(b)(ii) of Chapter 10 is amended by adding "of Justice" immediately after "Minister".

38 Subsection 262(1) of Chapter 10 is amended by adding "of Justice" immediately after "Minister" in the second line.

39 Chapter 10 is further amended by adding immediately after Section 263 the following Section:

40 Subsection 267(1) of Chapter 10 is amended by adding "of Justice" immediately after "Minister" in the fourth line.

41 Section 268 of Chapter 10 is amended by adding "of Justice" immediately after "Minister" in the third line.

42 Clause 270(2)(b) of Chapter 10 is repealed.

43 Section 272 of Chapter 10 is amended by adding "of Justice" immediately after "Minister" in the first and in the second lines.

44 Sections 1, 4, 5, 6, 9 and 35 to 43 come into force on such day as the Governor in Council orders and declares by proclamation.

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