BILL NO. 20
(as introduced)
1st Session, 59th General Assembly
Nova Scotia
52 Elizabeth II, 2003
Workers' Compensation Act
(amended)
The Honourable Kerry Morash
Minister of Environment and Labour
First Reading: October 16, 2003
Second Reading:
Third Reading:
Explanatory Notes
Clause 1 allows a member of the family of an employer to be given equal status as a worker under the Workers' Compensation Act. This change will be effective January 1, 2005.
Clause 2 provides that Part I of the Workers' Compensation Act applies to all employers and workers engaged in, about or in connection with any industry. Clause 2 also gives the Governor in Council the authority to exclude any industry from the application of the Act. These changes will be effective on January 1, 2005. Clause 3 makes changes in Section 4 of the Workers' Compensation Act that are necessary as a result of changes made in Clauses 1 and 2. Clause 4 repeals Section 10B of the Workers' Compensation Act and makes chronic pain a personal injury under the Act. Clause 5 increases, effective January 1, 2004, the indexing factor used in Section 70 of the Workers' Compensation Act, by basing the indexing factor on 55% rather than 50% of the percentage change in the consumer price index for the preceding year. Clause 6 provides that the Workers' Compensation Board must set aside funds to provide for improvements to benefits for injured workers. Clause 7 provides that the Workers' Compensation Board has a duty to maintain the Accident Fund so that the Fund will be sufficient to meet all payments and improvements that may be made to benefits while not unduly or unfairly burdening employers in future years. Subclause 8(1) provides that the annual report of the Workers' Compensation Board must contain a report on the Board's monitoring for compliance with the Workers' Compensation Act. Subclause 8(2) requires the Workers' Compensation Board to hold an annual meeting that must be open to the public. Clause 9 repeals the provisions in the Workers' Compensation Act dealing with the Medical Review Commission. Clause 10 provides that the Appeals Tribunal may, with the consent of all participants to an appeal, correct an error of jurisdiction, a breach of a duty of natural justice or a breach of a duty of fairness in a decision made by the Tribunal. Clause 11 provides that the annual report of the Chief Appeal Commissioner must include a report on the Appeal Tribunal's monitoring for compliance with the Workers' Compensation Act. Clause 12 provides that the Chief Worker Adviser must report to the Deputy Minister of Environment and Labour with respect to the carrying out of the duties of the Chief Worker Adviser. Clause 13 provides that a worker adviser is entitled to access to any file maintained by the Workers' Compensation Board with respect to a worker being assisted by the adviser. Clause 14 provides that the annual report of the Chief Worker Adviser must contain a report on the monitoring for compliance with the Workers' Compensation Act. Clause 15 amends the definitions of "Deputy Minister of Labour", "Division" and "Minister" in the Occupational Health and Safety Act. Clause 16(a) removes from the Occupational Health and Safety Division of the Department of Environment and Labour the responsibility to encourage and conduct educational programs to promote occupational health and safety; and
(b) requires the Occupational Health and Safety Division to report annually to the Deputy Minister of Environment and Labour on compliance with the Occupational Health and Safety Act. Clause 17 increases the fines in Section 74 of the Occupational Health and Safety Act from a maximum of $250,000 to a maximum of $500,000 for a second or subsequent violation of the Act and from a maximum of $25,000 to a maximum of $50,000 for each additional day during which an offence continues after a second or subsequent offence. Clause 18 sets out the effective dates for certain Clauses in this Bill.
An Act to Amend Chapter 10
of the Acts of 1994-95,
the Workers' Compensation Act,
and Chapter 7 of the Acts of 1996,
the Occupational Health and Safety Act
Be it enacted by the Governor and Assembly as follows:
1 Subclause 2(ae)(xiii) of Chapter 10 of the Acts of 1994-95, the Workers' Compensation Act, is repealed.
2 Section 3 of Chapter 10 is repealed and the following Section substituted:
(2) The Governor in Council may, by regulation, exclude any industry, including any commercial or professional activity, from the application of this Act.
3 (1) Subsection 4(1) of Chapter 10 is amended by striking out "Subject to subsection 3(2), the" in the first line and substituting "The".
(2) Subsection 4(6) of Chapter 10 is repealed.
(3) Subsection 4(7) of Chapter 10 is amended by striking out "pursuant to subsections (1), (2), (5) or (6)" in the second line.
4 Section 10B of Chapter 10 is repealed and the following Section substituted:
(2) Where, before the coming into force of this Section, the Board has awarded compensation for chronic pain, that compensation is continued.
(3) The Board shall calculate the amount of compensation payable for chronic pain in accordance with the regulations.
(4) Where the Board has made a decision regarding chronic pain prior to the coming into force of this Section, a calculation or recalculation shall be made in accordance with subsection (3) and, where the calculation or recalculation entitles the worker to an award, the Board shall commence payment of the compensation.
(5) The Board shall calculate or recalculate a decision as of the later of
(a) the date subsection 15(1) of the Charter came into effect; and
(b) the date the worker began to suffer chronic pain.
(6) The Board shall not collect any amount as an overpayment from the worker in respect of any past awards.
(7) The Governor in Council may make regulations to implement the benefits referred to in this Section.
(8) The exercise by the Governor in Council of the authority contained in subsection (7) is regulations within the meaning of the Regulations Act.
5 Subsections 70(1) and (2) of Chapter 10 are repealed and the following subsections substituted:
(2) As of the first day of January in each year, commencing January 1, 2004, the Board shall adjust the amount of compensation payable as
(a) permanent-impairment benefits;
(b) extended earnings-replacement benefits;
(d) dependent-child benefits; and
(e) permanent pensions payable pursuant to a predecessor Act,
by applying the indexing factor determined pursuant to subsection (1) to the amount of compensation payable for the preceding year.
6 Clause 115(1)(a) of Chapter 10 is amended by adding "and improvements to benefits for injured workers" immediately after "payable" in the first line.
7 Subsection 116(2) of Chapter 10 is amended by adding "and improvements to benefits" immediately after "payments" in the fourth line.
8 (1) Subsection 160(2) of Chapter 10 is amended by adding immediately after clause (a) the following clause:
(2) Section 160 of Chapter 10 is further amended by adding immediately after subsection (3) the following subsections:
(5) The Board shall publish notice of the annual general meeting in newspapers that, in the opinion of the Board, have general circulation in the Province.
(6) At the annual general meeting the report referred to in subsection (2) shall be discussed along with any matters raised in relation to the report by those present at the meeting.
9 Sections 203 to 205 of Chapter 10 are repealed.
10 Section 252 of Chapter 10, as amended by Chapter 1 of the Acts of 1999, is further amended by adding immediately after subsection (3) the following subsection:
11 Subsection 257(1) of Chapter 10, as amended by Chapter 1 of the Acts of 1999, is further amended by adding ", including a report on the Tribunal's monitoring for compliance with this Act" immediately after "year" in the last line.
12 Section 264 of Chapter 10 is amended by adding "and shall report to the Deputy Minister of Environment and Labour" immediately after "Program" in the second line.
13 Section 267 of Chapter 10 is amended by adding immediately after subsection (2) the following subsections:
(4) The consent referred to in subsection (3) may be in writing or in electronic form.
14 Section 268 of Chapter 10 is amended by adding "and an annual report on the monitoring for compliance with this Act to the Deputy Minister of Environment and Labour" immediately after "Minister" in the third line.
15 Section 3 of Chapter 7 of the Acts of 1996, the Occupational Health and Safety Act, as amended by Chapter 28 of the Acts of 2000, is further amended by
(a) adding "Environment and" immediately after "of" in the second line of clause (k);
(b) adding "Environment and" immediately after "of" the second time it appears in the second line of clause (n); and
(c) adding "Environment and" immediately after "of" in clause (s).
16 Clause 9(e) of Chapter 7 is repealed and the following clause substituted:
17 (1) Subsection 74(1) of Chapter 7 is amended by adding "for a first offence and to a fine not exceeding five hundred thousand dollars for a second or subsequent offence" immediately after "dollars" in the tenth line.
(2) Subsection 74(2) of Chapter 7 is amended by adding "after a first offence and a fine not exceeding fifty thousand dollars for each additional day during which the offence continues after a second or subsequent offence" immediately after "continues" in the fourth line.
18 (1) Section 5 has effect on and after January 1, 2004.
(2) Section 4 has effect on and after April 3, 2004, or such earlier date as the Governor in Council orders and declares by proclamation.
(3) Sections 1 to 3 have effect on and after January 1, 2005.
(4) Sections 6 and 7 come into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2003 Crown in right of Nova Scotia. Created October 16, 2003. Send comments to legc.office@novascotia.ca.
