AI-assisted research summary: This regulation sets how administrative penalties are calculated under The Workers Compensation Act, including fixed, percentage-based, and capped amounts for specific employer breaches.
Administrative Penalty Regulation, M.R. 71/2021 The Workers Compensation Act , C.C.S.M. c. W200 Regulation 71/2021 Registered September 16, 2021 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Graduated and flat rate penalty amounts 3 Penalty amount for breach of re-employment obligation 4 Penalty amount for failure to provide information about nature of work 5 Penalty amount for inaccurate reports 6 Separate administrative penalties 7 Coming into force Schedule Administrative Penalties Definitions 1 The following definitions apply in this regulation. "Act" means The Workers Compensation Act . («  Loi  ») "claim overpayment" is an amount of compensation paid to a worker or worker's dependant in excess of the amount that the board determines the person is entitled to receive. (« paiement excédentaire ») "employer's assessment" means the annual amount employers are required to pay to the board, as determined under sections 60, 60.1, 73, 81 and 82 of the Act. (« cotisation de l'employeur ») "net average earnings" are the worker's net average earnings as calculated under subsection 40(3) of the Act. (« gain moyen net ») "Schedule" means the Schedule to this regulation. (« annexe ») Graduated and flat rate penalty amounts 2 For the purpose of clauses 109.7(1)⁠(a) to (c) and subclauses (d)⁠(i) to (ix), (xi) and (xiii) to (xvii) of the Act, the amount of the administrative penalty is determined in accordance with the Schedule. Penalty amount for breach of re-employment obligation 3 For the purpose of subclause 109.7(1)⁠(d)⁠(x) of the Act, the amount of the administrative penalty for failure to offer re-employment, alternative employment or suitable employment, or failure to accommodate work is as follows: (a) if it is the employer's first contravention or the employer has not received an administrative penalty for the contravention in the preceding five-year period, the lesser of (i) the amount of the worker's net average earnings with the employer for the year before the accident, and (ii) the greater of $5,000 and the amount of the worker's net average earnings with the employer for the three months before the accident; (b) if the employer has received an administrative penalty for the contravention in the preceding five-year period, the lesser of (i) the amount of the worker's net average earnings with the employer for the year before the accident, and (ii) the greater of $10,000 and the amount of the worker's net average earnings with the employer for the six months before the accident; (c) if the employer has received an administrative penalty for a third or subsequent contravention in the preceding five-year period, the amount of the worker's net average earnings with the employer for the year before the accident. Penalty amount for failure to provide information about nature of work 4 For the purpose of subclause 109.7(1)⁠(d)⁠(xii) of the Act, the amount of the administrative penalty for failing to provide information about the nature of the work is 5% of the employer's assessment for the year in which the statement is requested by the board, up to a maximum of $5,000. Penalty amount for inaccurate reports 5 For the purpose of clause 109.7(1)⁠(e) of the Act, the amount of the administrative penalty for providing inaccurate information in relation to payroll, record of wages or nature of work, for each year in which the employer is audited by the board, is the lesser of (a) $5,000 for each year; and (b) 15% of the difference between (i) the employer's assessment based on the employer's estimate of payroll and other information reported by the employer, and (ii) the employer's assessment as determined by the board, based on the board's audit of the employer. Separate administrative penalties 6 If a person's actions or inactions in respect of an accident or a requirement contravene more than one provision of the Act or the regulations for which an administrative penalty is imposed, then the board may impose an administrative penalty for each contravention. Coming into force 7 This regulation comes into force on the same day that section 69 of The Workers Compensation Amendment Act , S.M. 2021, c. 21, comes into force. SCHEDULE (Section 2) ADMINISTRATIVE PENALTIES