Labour Standards Code (amended)
BILL NO. 93
4th Session, 61st General Assembly
61 Elizabeth II, 2012
Private Member's Bill
Labour Standards Code
First Reading: May 17, 2012
This Bill amends the Labour Standards Code to require employers who provide benefits to their employees under long-term disability plans to insure those plans, subject to certain exceptions.
Be it enacted by the Governor and Assembly as follows:
1 Section 16 of Chapter 246 of the Revised Statutes, 1989, the Labour Standards Code, as amended by Chapter 19 of the Acts of 2011, is further amended by adding immediately after clause (b) the following clause:
(ba) require an employer who provides benefits to the employer's employees under a long-term disability plan that is required to be insured in accordance with Section 58A to furnish proof that the plan is insured in accordance with that Section;
2 Chapter 246 is further amended by adding immediately after Section 58 the following heading and Sections:
58A (1) Subject to subsection (2), every employer who provides benefits to the employer's employees under a long-term disability plan shall insure the plan with an insurer licensed to carry on business in the Province pursuant to the Insurance Act.
(2) An employer may provide benefits to the employer's employees under a long-term disability plan that is not insured, in the circumstances and subject to the conditions prescribed by the regulations.
58B (1) The Governor in Council may make regulations respecting long-term disability plans, including regulations
(a) prescribing what constitutes a long-term disability plan;
(b) prescribing the circumstances and conditions under which an employer may provide benefits to the employer's employees under a long-term disability plan that is not insured.
(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.
3 This Act has effect on and after October 1, 2012.
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