BILL NO. 399

(as introduced)

1st Session, 64th General Assembly
Nova Scotia
2 Charles III, 2023

 

Private Member's Bill

 

Workers' Compensation Review Act

 

Kendra Coombes
Cape Breton Centre–Whitney Pier

First Reading: November 3, 2023

Second Reading:

Third Reading:

 

An Act to Provide for a Fair Review
of Nova Scotia's Workers' Compensation System

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Workers' Compensation Review Act.

2 In this Act,

(a) "Committee" means the Workers' Compensation Review Committee appointed under Section 3;

(b) "Minister" means the Minister of Labour, Skills and Immigration.

3 Subject to Section 6, the Minister shall appoint a Workers' Compensation Review Committee.

4 (1) Within five years after the coming into force of this Act, and every five years thereafter, the Committee shall complete a comprehensive review of the Province's workers' compensation system, including the Workers' Compensation Act and regulations made under that Act.

(2) A review under subsection (1) must be done in consultation with

(a) labour representatives;

(b) employees and employers;

(c) disability advocates;

(d) anti-poverty advocates;

(e) relevant subject-matter experts;

(f) medical profession representatives;

(g) injured workers and representatives of injured workers; and

(h) the public.

(3) A review under subsection (1) must consider

(a) customer service and client satisfaction measures;

(b) return to work practices;

(c) injury and fatality rates;

(d) system sustainability;

(e) legislative and regulatory gaps in physical and psychological workplace safety;

(f) coverage adequacy;

(g) claims and appeals processes;

(h) compensation levels;

(i) assessment rates;

(j) the interaction between workers' compensation benefits and other benefits;

(k) limitation periods for claims;

(l) medical expertise processes;

(m) assessable earnings caps; and

(n) any other matter the Committee considers relevant.

5 (1) Upon completing a review under subsection 4(1), the Committee shall deliver a report to the Minister with recommendations for improving the Province's workers' compensation system.

(2) A report under subsection (1) must be made available to the public.

6 The money required for the purpose of this Act must be paid out of money appropriated for that purpose by the Legislature.

 

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