NLR 67/23 - Workplace Health, Safety and Compensation Regulations, 2023 under the Workplace Health, Safety and Compensation Act, 2022

NEWFOUNDLAND AND LABRADOR REGULATION 67/23 Workplace Health, Safety and Compensation Regulations, 2023 under the Workplace Health, Safety and Compensation Act, 2022 (O.C. 2023-208) (Filed August 31, 2023) Under the authority of section 149 of the Workplace Health, Safety and Compensation Act, 2022, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, August 30, 2023. Krista Quinlan Clerk of the Executive Council REGULATIONS Analysis 1. Short title 2. Definitions 3. Volunteer firefighters 4. When volunteer firefighters are covered 5. Volunteer ambulance service 6. When volunteer ambulance service members are covered 7. Volunteer search and rescue members 8. When search and rescue members are covered 9. Auxiliary constables 10. When auxiliary constables are covered 11. Lump sum payment 12. Service periods 13. Documentation required 14. Late payment penalty 15. Deferred payment arrangement 16. Additional assessment 17. Recovery of assessments 18. Repeal 19. Commencement Short title 1. These regulations may be cited as the Workplace Health, Safety and Compensation Regulations, 2023 . 67/23 s1 Back to Top Definitions 2. In these regulations, (a) "Act" means the Workplace Health, Safety and Compensation Act, 2022 ; (b) "CASARA-NL" means the Civil Air Search and Rescue Association of Newfoundland and Labrador; and (c) "NLSARA" means the Newfoundland and Labrador Search and Rescue Association Inc. 67/23 s2 Back to Top Volunteer firefighters 3. The commission may apply the provisions of the Act in the manner set out in section 4 to a volunteer fire department or brigade where the municipality in which the volunteer fire department or brigade is located and serves applies to the commission requesting that the Act apply. 67/23 s3 Back to Top When volunteer firefighters are covered 4. (1) For the purpose of the Act, where the commission has admitted a volunteer fire department or brigade (a) the members of the department or brigade who are certified as that by an official of the municipality shall be considered workers; and (b) the municipality that makes the application for admission of the department or brigade shall be considered the employer. (2) The members of a volunteer fire department or brigade are considered to be in the course of their employment from the time they leave their residence or place of employment to respond to an emergency call until they have completed those activities required to respond to that emergency call. (3) The members of a volunteer fire department or brigade are also considered to be in the course of their employment while (a) carrying out duties and responsibilities assigned by their employer or its delegate; (b) repairing and maintaining firefighting equipment on the premises of the department or brigade; and (c) attending educational and training sessions which have been sanctioned by the Office of the Fire Commissioner. (4) The members of a volunteer fire department or brigade are not considered to be in the course of their employment while involved in fundraising activities on behalf of the department or brigade. (5) An employer shall annually, before January 1 and at the other times that the commission requires, notify the commission of the number of members of the volunteer fire department or brigade certified under paragraph (1)(a). 67/23 s4 Back to Top Volunteer ambulance service 5. The commission may apply the provisions of the Act in the manner set out in section 6 to a municipally-sponsored or independent community volunteer ambulance service certified under the Motor Carrier Act and regulations where the municipality in which the volunteer ambulance service is located and serves applies to the commission requesting that the Act apply. 67/23 s5 Back to Top When volunteer ambulance service members are covered 6. (1) For the purpose of the Act, where the commission has admitted a volunteer ambulance service (a) t he members of the service who are designated as that by an official of the Department of Health and Community Services shall be considered workers; and (b) the ambulance service that makes the application for admission of the ambulance service shall be considered the employer. (2) The members of the volunteer ambulance service are considered to be in the course of their employment from the time they leave their residence or place of employment to respond to an emergency call until they have completed those activities required to respond to that emergency call. (3) The members of a volunteer ambulance service are also considered to be in the course of their employment while (a) carrying out duties and responsibilities of a member of a volunteer ambulance service as assigned by their employer or its delegate; (b) repairing and maintaining ambulance or other equipment related to the ambulance service; and (c) a ttending educational and training sessions which have been sanctioned by the Department of Health and Community Services. (4) The members of a volunteer ambulance service are not considered to be in the course of their employment while involved in fundraising activities on behalf of the volunteer ambulance service. (5) An employer shall annually, before January 1 and at the other times that the commission requires, notify the commission of the number of members of the volunteer ambulance service designated under paragraph (1)(a). 67/23 s6 Back to Top Volunteer search and rescue members 7. The commission may apply the provisions of the Act in the manner set out in section 8 to NLSARA or CASARA-NL where the Department of Justice and Public Safety applies to the commission requesting that the Act apply. 67/23 s7 Back to Top When search and rescue members are covered 8. (1) For the purpose of the Act, where the commission has admitted NLSARA or CASARA-NL (a) the members of NLSARA or CASARA-NL who are designated by an official of the Department of Justice and Public Safety shall be considered workers; and (b) the Department of Justice and Public Safety shall be considered the employer. (2) T he members of NLSARA or CASARA-NL are considered to be in the course of their employment from the time they leave their residence or place of employment to respond to an emergency call as tasked by the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police until they have completed those activities required to respond to that emergency call. (3) The members of NLSARA and CASARA-NL are also considered to be in the course of their employment while (a) carrying out search and rescue activities including evidence searches as tasked by the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police; and (b) attending educational and training sessions which have been sanctioned by the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police. (4) T he members of NLSARA and CASARA-NL are not considered to be in the course of their employment while involved in fundraising activities on behalf of NLSARA or CASARA-NL. (5) The employer shall annually, before January 1 and at the other times that the commission requires, notify the commission of the names of the members of NLSARA and CASARA-NL designated under paragraph (1)(a). 67/23 s8 Back to Top Auxiliary constables 9. The commission may apply the provisions of the Act in the manner set out in section 10 to Royal Canadian Mounted Police auxiliary constables operating in the province where the Department of Justice and Public Safety applies to the commission requesting that the Act apply. 67/23 s9 Back to Top When auxiliary constables are covered 10. (1) For the purpose of the Act, where the commission has admitted the Royal Canadian Mounted Police auxiliary constables (a) the auxiliary constables who are designated as that by an official of the Department of Justice and Public Safety shall be considered workers; and (b) the Department of Justice and Public Safety shall be considered the employer. (2) The auxiliary constables are considered to be in the course of their employment while (a) c arrying out duties and responsibilities of an auxiliary constable as assigned by the Royal Canadian Mounted Police; and (b) attending educational and training sessions which have been sanctioned by the Royal Canadian Mounted Police. (3) The employer shall annually, before January 1 and at the other times that the commission requires, notify the commission of the names of the Royal Canadian Mounted Police auxiliary constables designated under paragraph (1)(a). 67/23 s10 Back to Top Lump sum payment 11. A lump sum payment referred to in paragraph 82(1)(b) of the Act shall be no less than $1,000 and no greater than the maximum compensable earnings prescribed in section 19 of the Workplace Health, Safety and Compensation Administrative Regulations . 67/23 s11 Back to Top Service periods 12. For the purposes of paragraph 109(2)(a) of the Act, the minimum cumulative periods of service for the listed diseases are as follows: primary site brain cancer 10 years primary site bladder cancer 15 years primary site colorectal cancer 20 years primary site esophageal cancer 25 years primary leukemia 5 years primary site lung cancer 15 years primary site kidney cancer 20 years primary non-Hodgkin lymphoma 20 years primary site testicular cancer 20 years primary site ureter cancer 15 years primary site breast cancer 10 years primary site penile cancer 15 years primary site pancreatic cancer 10 years primary site thyroid cancer 10 years multiple myeloma 15 years primary site prostate cancer 15 years primary site cervical cancer 10 years primary site ovarian cancer 10 years primary site skin cancer 15 years an injury to the heart that manifests within 24 hours after attendance at an emergency response None Back to Top 67/23 s12 Documentation required 13. A n employer shall provide the following information to the commission in relation to a firefighter or volunteer firefighter who is diagnosed with a listed disease: (a) the number of fire scenes, other than forest fire scenes, that the firefighter or volunteer firefighter attended; (b) the firefighter or volunteer firefighter's years of service as a firefighter or volunteer firefighter; and (c) any other information the commission considers necessary. 67/23 s13 Back to Top Late payment penalty 14. (1) W here under subsection 121(1) of the Act an assessment is due and payable on January 1 and is not paid by April 1 in that year, the employer shall pay as a penalty a percentage, determined in accordance with subsection (4), of the amount unpaid for each month after March, where the default continues. (2) W here under subsection 121(2) of the Act an assessment is due and payable after January 1 and is not paid (a) by April 1 in that year, in the case where the worker is employed after January 1 but before March 1, the employer shall pay as a penalty a percentage, determined in accordance with subsection (4), of the amount unpaid for each month after March, where the default continues; or (b) within 30 days after the date on which the assessment becomes due and payable, in the case where the worker is employed after the last day of February, the employer shall pay as a penalty a percentage, determined in accordance with subsection (4), of the amount unpaid for each month after the 30 days where the default continues. (3) W here under section 139 of the Act an assessment or special assessment is not paid when it is due and payable, the employer shall pay as a penalty a percentage, determined in accordance with subsection (4), of the amount unpaid for each month after 30 days where the default continues. (4) F or the purpose of subsections (1) to (3), the percentage shall be the sum of (a) the prime rate in effect with the commission’s banking institution on January 1 of that year; and (b) 5%, divided by 12, rounded off to the nearest 1/100 of 1%. (5) The penalty for default is to be applied even though the amount in default may include a penalty previously imposed. (6) A penalty imposed on an employer under this section may be added to the employer’s assessment and payment enforced under section 140 of the Act. 67/23 s14 Back to Top Deferred payment arrangement 15. (1) Notwithstanding section 14, an employer is not liable for the penalty required by that section where the employer (a) satisfies the conditions set by the commission; (b) enters into an arrangement to pay the assessment for the current year in equal instalments between April 1 and December 31; and (c) makes the payments in the manner and at the time required by the arrangement referred to in paragraph (b). (2) Where, during the year, the assessment due and payable by an employer for the current year changes, the amount payable under the arrangement entered into by the employer with the commission under subsection (1) shall be adjusted as required and the employer shall pay the balance of the assessment for the year, as adjusted, in equal instalments beginning on the next scheduled payment date immediately following the assessment adjustment and ending on the final scheduled payment date. (3) Where an employer who has entered into an arrangement with the commission under subsection (1) defaults in making a payment in the amount or manner or at the time required under the arrangement with the commission, section 14 applies to the full outstanding balance. 67/23 s15 Back to Top Additional assessment 16. (1) A n employer who fails to comply with the provisions of section 65 of the Act may, in addition to other penalties that may be applicable, be assessed (a) in respect of a claim for health care, an amount of $100; or (b) in respect of a claim for lost time, an amount of $200. (2) In addition to an assessment imposed under subsection (1), the commission may impose a penalty of $25 for each day during which the failure to comply with section 65 of the Act continues to a maximum of (a) $500, in respect of a claim for health care; or (b) $1,000, in respect of a claim for lost time. (3) A penalty imposed on an employer under this section may be added to the employer’s assessment and payment enforced under section 140 of the Act. 67/23 s16 Back to Top Recovery of assessments 17. All penalties, assessments and amounts that may be assessed, imposed or recovered under these regulations may be recovered in the name of the commission in a court, but the commission, where satisfied that a default referred to in these regulations was excusable, may relieve the employer in whole or in part of a penalty. 67/23 s17 Back to Top Repeal 18. The Workplace Health, Safety and Compensation Regulations , Consolidated Newfoundland and Labrador Regulation 1025/96 are repealed. 67/23 s18 Back to Top Commencement 19. These regulations come into force on September 1, 2023. 67/23 s19