BILL NO. 135
(as introduced)
3rd Session, 61st General Assembly
Nova Scotia
60 Elizabeth II, 2011
Workers' Compensation Act
(amended)
The Honourable Michel P. Samson
Richmond
First Reading: December 12, 2011
Second Reading:
Third Reading:
Explanatory Notes
Clause 1 expands the definition of "worker" to include an auxiliary member of a municipal police department or RCMP detachment to whom Part I of the Workers' Compensation Act will apply as a result of Clause 2.
Clause 2 provides for the application of Part I of the Workers' Compensation Act to the auxiliary members of a municipal police department or RCMP detachment upon application by the municipality that established the police department or within the boundaries of which the RCMP detachment is located and serves.
An Act to Amend Chapter 10
of the Acts of 1994-95,
the Workers' Compensation Act
1 Clause 2(ae) of Chapter 10 of the Acts of 1994-95, the Workers' Compensation Act, is amended by adding immediately after subclause (v) the following clause:
2 Chapter 10 is further amended by adding immediately after Section 5 the following Section:
(a) that has established a municipal police department pursuant to the Police Act; or
(b) within the boundaries of which a detachment of the Royal Canadian Mounted Police is located and provides police services,
the Board may admit the auxiliary members of the municipal police department or Royal Canadian Mounted Police detachment, as the case may be, to the application of this Part.
(2) Where a detachment of the Royal Canadian Mounted Police provides police services to two or more municipalities, the municipalities may enter into an agreement for the sharing of the costs associated with the admission of the auxiliary members of the detachment to the application of this Part.
(3) Where the Board admits the auxiliary members of a municipal police department or Royal Canadian Mounted Police detachment pursuant to subsection (1),
(a) the auxiliary members are workers; and
(b) the municipality is the employer of the auxiliary members,
(4) The auxiliary members of a municipal police department or Royal Canadian Mounted Police detachment shall be considered to be in the course of their employment from the time they
(a) arrive at the place where a training exercise begins until the exercise has been completed; or
(b) receive a notification, by any means, of an emergency, including the time of travel to the police station or the site of the emergency where they perform duties until, after being released from duty, they return home, to the place where the notification was received, to their place of regular employment or to any place for treatment, refreshment or recreation, whichever they reach first.
(5) The Board shall, by regulation, determine the minimum and maximum earnings of the auxiliary members of the municipal police department or Royal Canadian Mounted Police detachment for the purpose of calculating the average earnings of the auxiliary members pursuant to subsection (5).
(6) The municipality deemed to be the employer of the auxiliary members of a municipal police department or Royal Canadian Mounted Police detachment pursuant to subsection (2) shall choose an amount between the minimum and maximum amounts determined by the Board pursuant to subsection (4) to apply as the average earnings for the auxiliary members.
(7) The amount chosen by a municipality pursuant to subsection (5) applies to every auxiliary member of the municipal police department or Royal Canadian Mounted Police detachment .
(8) The municipality deemed to be the employer of the auxiliary members pursuant to subsection (2) shall notify the Board of
(a) the number of auxiliary members in the municipal police department or Royal Canadian Mounted Police detachment ; and
(b) the average earnings of the auxiliary members for the purpose of this Part.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2011 Crown in right of Nova Scotia. Created December 12, 2011. Send comments to legc.office@novascotia.ca.
