SNL2022 CHAPTER W-11.1 - WORKPLACE HEALTH, SAFETY AND COMPENSATION ACT, 2022

SNL2022 CHAPTER W-11.1 WORKPLACE HEALTH, SAFETY AND COMPENSATION ACT, 2022 Amended: 2023 c20; 2023 cT-6.2 s346; 2024 c22 s55; 2025 c4 s251; 2026 c8 CHAPTER W-11.1 AN ACT RESPECTING THE HEALTH AND SAFETY OF WORKERS AND THE COMPENSATION OF WORKERS FOR INJURIES SUFFERED IN THE COURSE OF THEIR EMPLOYMENT (Assented to November 9, 2022) Analysis 1. Short title 2. Interpretation 3. Human Rights Act, 2010 PART I THE WORKPLACE HEALTH, SAFETY AND COMPENSATION COMMISSION 4. Definition 5. Commission continued 6. Board of directors 7. Duties and powers 8. Chief executive officer 9. Commission staff 10. Offices of commission 11. Property of commission 12. Financial power 13. Audits of commission 14. Report under Transparency and Accountability Act 15. Business 16. No liability 17. Agreements 18. Powers re examination 19. Information confidential 20. Exclusive jurisdiction 21. Stated case 22. Rules for stated case 23. Notification of stated case PART II WORKPLACE HEALTH AND SAFETY 24. Definitions 25. Application of Part 26. Duties of commission 27. Cooperation between commission and occupational health and safety division 28. Cooperation between commission and Canada-Newfoundland and Labrador Offshore Energy Regulator 29. Administrative costs 30. Research fund PART III EXTERNAL REVIEWS 31. Definition 32. Review board continued 33. Review board 34. Officers and employees 35. No liability 36. Expenses 37. Review commissioner bound 38. Rules 39. Application to review commissioner 40. Review by review commissioner 41. Application for reconsideration 42. Conflict of interest 43. Audits of review board 44. Report under Transparency and Accountability Act PART IV APPLICATION OF ACT 45. Application of Act 46. Employer covered 47. Coverage for particular workers 48. Independent operator 49. Work training programs PART V COMPENSATION AND RIGHT OF ACTION 50. Compensation payable 51. Proportionate compensation 52. Compensation instead of action 53. No compensation 54. Where action allowed 55. Commission decides if action prohibited 56. Length of disability 57. Compensation to non-residents 58. Relocation 59. Injury outside province 60. No waiver of benefits 61. Notice of accident 62. Failure to give notice 63. Mitigation of injury 64. Application for compensation 65. Duties of employer 66. Duties of health care provider 67. Medical records 68. Medical information 69. Claim investigated 70. Proof required 71. Presumption 72. Medical examination required 73. Objection to claim 74. Power to review compensation 75. Compensation where fatal accident 76. Payment to a remarried spouse 77. Method of payment 78. Compensation may be apportioned 79. Compensation unpaid at death 80. Household to be continued 81. Payments to children 82. Compensation for disability 83. Lost earning capacity 84. Compensation to be reviewed 85. Retirement benefits 86. Earning capacity reviewed 87. Recurrence 88. Rescue work 89. Calculation of earnings 90. Benefits to be considered 91. No amount in excess of compensation 92. Payment of compensation 93. Compensation not assignable 94. Overpayment of compensation PART VI HEALTH CARE 95. Where healthcare needed 96. Health care 97. Contributions for health care 98. First medical treatment PART VII RETURN TO WORK AND REHABILITATION 99. Rehabilitation 100. Duty to co-operate in return to work 101. Obligation to re-employ 102. Labour market re-entry assessment and plan 103. Provision of information PART VIII OCCUPATIONAL DISEASES 104. Occupational disease 105. Occupational disease compensation 106. St. Lawrence 107. Medical committees PART IX PRESUMPTION RESPECTING FIREFIGHTERS AND VOLUNTEER FIREFIGHTERS 108. Definitions 109. Presumption 110. Health care 111. Application PART X PRESUMPTION RESPECTING POST-TRAUMATIC STRESS DISORDER 112. Post-traumatic stress disorder presumption 113. Application PART XI INJURY FUND AND ASSESSMENTS 114. Injury fund 115. Classes of industry 116. Subclasses 117. Assessment or rate modification 118. Assessment rated on payroll 119. Manner of assessment 120. Employer to pay assessments 121. When assessments due 122. Account status requests 123. Information may be required 124. Calculation of payroll 125. No deduction from earnings 126. Commission may estimate 127. Credit balance due employer 128. Charges to other classes 129. Cost of medical investigations 130. Where assessment insufficient 131. Arrangement with other provinces 132. Arrangement with self-insurers 133. Where industry temporary 134. Former employers 135. Change of ownership 136. Effect of refusal 137. Accounts within fund 138. Reserves within fund 139. Payments in arrears 140. Where default 141. Director's liability 142. Amount in default 143. Commission may withhold money 144. Assessment where work contracted 145. Mechanics' Lien Act 146. Assessment as lien PART XII GENERAL 147. Offence 148. Statutory Review 149. Lieutenant-Governor in Council regulations 150. Commission regulations 151. Review board regulations 152. Fees and forms PART XIII CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT 153. SNL2015 cA-1.2 Amdt 154. RSNL1990 cA-22 Amdt. 155. RSNL1990 cC-2 Amdt. 156. RSNL1990 cE-10 Amdt. 157. SNL2007 cE11.01 Amdt. 158. SNL2007 cH-17 Amdt. 159. SNL2016 cI-2.1 Amdt. 160. RSNL1990 cO-3 Amdt. 161. SNL2019 cO-6.1 Amdt. 162. RSNL1990 cP-26 Amdt. 163. RSNL1990 cP-42 Amdt. 164. RSNL1990 cS-32 Amdt. 165. NLR 144/04 Amdt. 166. CNLR 1010/96 Amdt. 167. CNLR 1148/96 Amdt. 168. NLR 5/12 Amdt. 169. RSNL1990 cW-11 Rep. 170. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: Short title 1. This Act may be cited as the Workplace Health, Safety and Compensation Act, 2022. 2022 cW-11.1 s1 Back to Top Interpretation 2. (1) In this Act (a) "board of directors" means the board of directors appointed under section 6; (b) "chief executive officer" means the person appointed under section 8; (c) "chief review commissioner" means the person appointed under subsection 33(2); (d) "cohabiting partner" means either of 2 persons who are cohabiting and (i) have cohabited continuously in a conjugal relationship outside marriage for not less than one year, or (ii) have entered into a written agreement in respect of their cohabitation, in which they agree on their respective rights and obligations during cohabitation, upon ceasing to cohabit or upon the death of either of them; (e) "commission" means the Workplace Health, Safety and Compensation Commission continued under section 5; (f) "compensation" means compensation paid in accordance with this Act to a worker or dependents in respect of an injury; (g) "dependent" means a family member of a worker who is wholly or partly dependent upon the worker's earnings at the time of the death of the worker or who, but for the incapacity due to the injury, would have been dependent; (h) "director" means, except in Part I, a director of a corporation; (i) "disability" means the loss of earning capacity of a worker as a result of an injury; (j) "earnings" includes a share or portion of proceeds or profits referred to in subparagraph (jj)(i); (k) "employer" means an employer to whom this Act applies and who is engaged in or in connection with an industry in the province and includes (i) a person who has in service under a contract of hiring or apprenticeship, written or oral, express or implied, a person engaged in work in or in connection with an industry, (ii) the principal, contractor and subcontractor referred to in section 144, (iii) in respect of an industry referred to in subparagraph (i) a receiver, liquidator, executor, administrator and a person appointed by a court or a judge who has authority to carry on an industry, (iv) a municipality, (v) the Crown in right of Canada where it may in its capacity as employer submit to the operation of this Act, (vi) the Crown and a corporation, commission or similar body, established by or under an Act of the province, and (vii) in respect of the industry of fishing, whaling or sealing, the managing owner or person operating a boat, vessel or ship employed or intended to be employed in the industry; (l) "employer-sponsored pension plan" includes (i) a pension plan that is registered with and certified by the Superintendent of Pensions under the Pension Benefits Act, 1997 or an equivalent Act of another province or of the Parliament of Canada, and (ii) a pension plan that is established under an Act of the province; (m) "employment" means the whole or a part of an establishment, undertaking, work, operation, trade or business within the scope of this Act, and in the case of an industry not as a whole within the scope of this Act includes a part of the industry that would if carried on separately be within the scope of this Act; (n) "extended earnings loss benefits" means those benefits established as extended earnings loss benefits by a policy established by the board of directors under subsection 7(1); (o) "family member" i ncludes spouse, cohabiting partner, parent, grandparent, stepparent, child, grandchild, stepchild, sibling, half-sibling and a person who stood in place of a parent to the worker or to whom the worker stood in place of a parent; (p) "fishing" means fishing for gain, other than for sport, in tidal waters, and includes (i) fishing for anadromous fish while in those waters, (ii) work performed in the functioning of the vessel used for fishing while fishing or proceeding to or returning from fishing, and (iii) other work incidental to or connected with fishing usually performed by persons engaged in fishing; (q) "former Act" means the Workplace Health, Safety and Compensation Act; (r) "health care" means (i) medical, surgical and dental care, (ii) ho spital and skilled nursing services, (iii) a prosthesis or apparatus and the repairing and replacement of them, (iv) transportation, and (v) other matters and things that the commission may authorize or provide; (s) "health care provider" means a member of a regulated health profession; (t) "impairment" means a physical or functional abnormality or loss, including a disfigurement, as a result of an injury; (u) "industry" includes the whole or a part of an industry, operation, undertaking, establishment, work, trade or business that is not excluded by section 45; (v) "injury" means (i) an injury as a result of a chance event occasioned by a physical or natural cause, (ii) an injury as a result of a wilful and intentional act, not being the act of the worker, (iii) disablement, (iv) occupational disease, or (v) death as a result of an injury arising out of and in the course of employment and includes a recurrence of an injury and an aggravation of a pre-existing condition but does not include stress other than stress that is a reaction to a traumatic event or events; (w) "injury fund " means the fund referred to in section 114; (x) "maximum compensable assessable earnings" means the maximum compensable assessable earnings prescribed in the regulations; (y) "medical practitioner" means medical practitioner as defined in the Medical Act, 2011 ; (z) "minister" means, except where the context indicates otherwise, the minister appointed under the Executive Council Act to administer this Act; (aa) "municipality" includes the City of St. John's, the City of Corner Brook, the City of Mount Pearl and a town incorporated or continued under the Towns and Local Service Districts Act and a local service district incorporated or continued under that Act; (bb) "net earnings" means a worker's average earnings while employed in the industry in which the worker was injured, less the total of (i) unemployment insurance contributions for those earnings, (ii) Canada Pension Plan contributions for those earnings, and (iii) probable income tax deductions for those earnings based on appropriate tables produced by Canada Revenue Agency; (cc) "occupational disease" means a disease prescribed in the regulations and another disease peculiar to or characteristic of a particular industrial process, trade or occupation; (dd) "policy" means a policy established by the board of directors under subsection 7(1); (ee) "review board" means the Workers' Compensation Independent Review Board continued under section 32; (ff) "review commissioner" means a person appointed under section 33 and where the context indicates, includes the chief review commissioner; (gg) "security interest" means an interest in property that secures payment or performance of an obligation; (hh) "spouse" means either of 2 persons who (i) are married to each other, (ii) are married to each other by a marriage that is voidable and has not been voided by a judgment of nullity, or (iii) have gone through a form of a marriage with each other, in good faith, that is void and are cohabiting or have cohabited with each other within the preceding year; (hh.1) "temporary earnings loss benefits" means those benefits established as temporary earnings loss benefits by a policy established by the board of directors under subsection 7(1); (ii) "work training program" means work (i) of a type, whether or not this Act applies to that work, that is designated by the authorities of an educational institution as being suitable for student training, and (ii) for which the student is not compensated by the employer; and (jj) "worker" means a person who enters into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise, and includes (i) in respect of the industry of fishing, whaling or sealing, a person who becomes a member of the crew of a boat, vessel or ship under an agreement to receive a share of the voyage or is described in the Shipping Articles as a person receiving a share of the voyage or agrees to accept in payment for services a share or portion of the proceeds or profits of the venture, with or without other remuneration, or is employed on a boat, vessel or ship provided by the employer, (ii) a person who is a learner, although not under a contract of service or apprenticeship, who becomes subject to the hazards of an industry for the purpose of undergoing training or probationary work specified or stipulated by the employer as preliminary to employment, (iii) a part-time or casual worker, and (iv) an executive officer, manager or director of an employer. (2) Notwithstanding paragraph (1)(v), stress that may be the result of an employer's decision or action relating to the employment of a worker including a decision to change the work to be performed or the working conditions, to discipline the worker or to terminate the worker's employment does not constitute an injury. 2022 cW-11.1 s2 ; 2023 cT-6.2 s346 ; 2026 c8 s1 Back to Top Human Rights Act, 2010 3. (1) A provision of this Act or the regulations, or a decision or policy made under this Act or the regulations, that requires or authorizes a distinction because of age shall apply notwithstanding sections 5, 9 and 14 of the Human Rights Act, 2010 . (2) Subsection (1) applies, with the necessary changes, to a predecessor to this Act or the regulations or a decision or policy made under that Act or regulation. 2022 cW-11.1 s3 PART I THE WORKPLACE HEALTH, SAFETY AND COMPENSATION COMMISSION Back to Top Definition 4. I n this Part, "director" means a member of the board of directors appointed under section 6. 2022 cW-11.1 s4 Back to Top Commission continued 5. The Workplace Health, Safety and Compensation Commission is continued. 2022 cW-11.1 s5 Back to Top Board of directors 6. (1) A board of directors of the commission shall be responsible for the administration of this Act and the regulations. (2) The board of directors shall consist of (a) the following persons appointed by the Lieutenant-Governor in Council: (i) 3 persons representative of employers, a minimum of one whom shall be recommended by the Newfoundland and Labrador Employers' Council Inc., (ii) 3 persons representative of workers, a minimum of one whom shall be recommended by the Newfoundland and Labrador Federation of Labour, (iii) 3 persons representative of the general public, one of whom represents injured workers, and (iv) one person appointed as the chairperson; (b) an employee of the department responsible for the Occupational Health and Safety Act who is designated by the minister responsible for that department, who shall be a non-voting member; and (c) the chief executive officer, who shall be a non-voting member. (3) A member of the board appointed under paragraph (2)(a) holds office for a term of 3 years and is eligible for reappointment. (4) Notwithstanding subsection (3), w here the term of office of a member of the board of directors expires, the member continues to be a member until re-appointed or replaced. (5) The remuneration, benefits and expenses of members appointed under paragraph (2)(a) shall be determined by the Lieutenant-Governor in Council and the remuneration, benefits and expenses shall be part of the administrative expenses of the commission. 2022 cW-11.1 s6 Back to Top Duties and powers 7. (1) The board of directors shall establish policies and programs in relation to (a) compensation benefits to injured workers and dependents; (b) rehabilitation and return to work of injured workers; (c) health care; (d) assessments and investments under this Act; and (e) promotion of health and safety in workplaces and the prevention and reduction of workplace injuries and diseases. (2) The policies and programs referred to in subsection (1) shall (a) be consistent with this Act and the regulations; (b) ensure that the intent of this Act and the regulations is being applied to provide services to injured workers and dependents; and (c) promote adequate funding for the services through sound financial management. (3) The board of directors shall (a) establish the functions and duties of the chief executive officer; (b) consider and approve annual administrative and operating budgets and appoint auditors to audit the books and accounts of the commission, in addition to those audits that may be done under section 13; (c) enact by-laws for the adoption of a seal and for the conduct of the business and affairs of the commission; (d) establish, maintain and regulate advisory committees and their function and composition; and (e) review this Act and the regulations and recommend to the minister those changes that it considers advisable. (4) The board of directors may delegate in writing the powers of the board of directors to a director and the powers may be subject to the limitations, conditions and requirements that may be noted in the delegation. (5) The board of directors in exercising their powers and discharging their duties shall (a) act honestly and in good faith with a view to the best interests of the commission; and (b) e xercise the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances. 2022 cW-11.1 s7 Back to Top Chief executive officer 8. T he Lieutenant-Governor in Council shall appoint, after consultation with the board of directors, a chief executive officer of the commission who shall be responsible for the day-to-day administration of this Act and the regulations. 2022 cW-11.1 s8 Back to Top Commission staff 9. (1) T he commission shall hire the employees it considers necessary for the purpose of administering this Act and the regulations and carrying out the business and affairs of the commission. (2) The commission shall designate the classifications of persons appointed under subsection (1) and may pay their salaries out of the injury fund. 2022 cW-11.1 s9 Back to Top Offices of commission 10. The head offices of the commission shall be in the City of St. John's and the commission may set up offices in other parts of the province. 2022 cW-11.1 s10 Back to Top Property of commission 11. (1) The commission may (a) acquire property by purchase, gift or otherwise; (b) erect the buildings that it considers necessary for its purposes; and (c) sell, lease or deal in another manner with its real property. (2) Notwithstanding subsection (1), where an acquisition, sale, lease or dealing equals or exceeds the amount prescribed in the regulations, the approval of the Lieutenant-Governor in Council is required. 2022 cW-11.1 s11 Back to Top Financial power 12. (1) The commission may (a) invest funds arising under this Act and other money under its control and sell securities and reinvest the proceeds or use the proceeds for other purposes authorized by this Act; (b) place its funds and money on deposit in a chartered bank; and (c) with the approval of the Minister of Finance, borrow, by way of overdraft or otherwise, from a chartered bank amounts that, in the opinion of the commission, may be considered expedient for the proper carrying out of this Act. (2) The funds, investments and income of the commission are free from taxation. 2022 cW-11.1 s12 Back to Top Audits of commission 13. (1) T he Lieutenant-Governor in Council may appoint an auditor to audit the accounts of the commission and the remuneration of the auditor shall be paid by the commission. (2) The auditor general shall audit the accounts of the commission whenever the auditor general considers it expedient to do so. 2022 cW-11.1 s13 Back to Top Report under Transparency and Accountability Act 14. An annual report, as required by and in accordance with the requirements of the Transparency and Accountability Act , shall be submitted by the commission in accordance with that Act. 2022 cW-11.1 s14 Back to Top Business 15. The board of directors shall sit at the times and conduct its proceedings in a manner that it may consider most convenient for the proper discharge and speedy dispatch of business. 2022 cW-11.1 s15 Back to Top No liability 16. An action or other proceeding does not lie against the commission or a director, officer or employee of the commission for anything done or omitted to be done in good faith in the course of exercising a power or carrying out a duty under this Act or the regulations. 2022 cW-11.1 s16 Back to Top Agreements 17. The commission may enter into agreements with other persons that are, in the opinion of the commission, advisable for the administration of this Act and the regulations. 2022 cW-11.1 s17 Back to Top Powers re examination 18. (1) An employee or other person authorized by the commission may examine and inquire into a matter that the commission considers necessary for the purpose of this Act. (2) A person acting under subsection (1) may (a) at reasonable times enter a premises; (b) require the production of books, records or other documents applicable to the examination or inquiry and may examine those books, records or documents or remove them for the purpose of making copies of them; and (c) require and take affidavits, affirmations or declarations as to a matter of the examination or inquiry and administer oaths and affirmations and take declarations and certify that they have been made. (3) Where books, records or other documents are removed under paragraph (2)(b), the person who removes the items shall give to the person from whom those items were taken a receipt for them and shall immediately make copies of them and return the originals to the person who was given the receipt. 2022 cW-11.1 s18 Back to Top Information confidential 19. (1) Employees of the commission or persons authorized to examine or inquire into a matter under this Act shall not disclose, except in the performance of their duties or under the authority of the commission, information obtained by them or which has come to their knowledge as a result of the examination or inquiry. (2) Notwithstanding subsection (1), the commission may allow information referred to in subsection (1) or other information contained in the records or files of the commission to be disclosed to (a) legal counsel; or (b) another authorized representative either of a person seeking compensation or of another interested person. 2022 cW-11.1 s19 Back to Top Exclusive jurisdiction 20. (1) The commission has exclusive jurisdiction to examine, hear and determine all matters and questions arising under this Act and all matters or things in respect of which a power or authority is conferred upon the commission. (2) Subject to Part III, an action or decision of the commission is final and conclusive and is not open to question or review in a court of law and proceedings by or before the commission shall not be restrained by injunction, prohibition or other process or proceedings in a court of law or be removable by certiorari or otherwise into a court of law. (3) Nothing in subsection (1) or (2) shall be construed to prevent the commission from reconsidering a matter which has been dealt with by it or from rescinding, altering or amending a decision or order previously made by it. (4) The decisions of the commission shall be upon the real merits and justice of the case and it is not bound to follow strict legal precedent. 2022 cW-11.1 s20 Back to Top Stated case 21. The commission may, of its own motion, or upon the application of a party and upon security being given as the commission directs, state a case in writing for the opinion of the Supreme Court upon a question which in the opinion of the commission is a question as to the commission's jurisdiction or a question of law, and a similar reference may also be made at the request of the Lieutenant-Governor in Council, and the Supreme Court shall hear and determine the questions arising in a case so stated and remit the matter to the commission with the opinion of the court on the matter. 2022 cW-11.1 s21 Back to Top Rules for stated case 22. (1) The Judicature Act and the Rules of the Supreme Court,1986 where they can be applied and are consistent with this Act, shall apply to a proceeding with respect to a stated case under section 21. (2) A notice or other document required to be served on the commission may be served on the chairperson or, in the absence of the chairperson, the chief executive officer of the commission. 2022 cW-11.1 s22 Back to Top Notification of stated case 23. The Supreme Court has power, with respect to stated cases referred to in section 21, to direct that a person interested, or, where there is a class of persons interested, one or more persons as representatives of that class, shall be notified of the hearing and those persons are entitled to be heard. 2022 cW-11.1 s23 PART II WORKPLACE HEALTH AND SAFETY Back to Top Definitions 24. In this Part, (a) "department" means the department presided over by the minister; and (b) "minister" means the minister responsible for the Occupational Health and Safety Act . 2022 cW-11.1 s24 Back to Top Application of Part 25. (1) This Part applies to workplaces to which, and to workers and employers to whom, the Occupational Health and Safety Act or Part III.1 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act applies. (2) Notwithstanding section 2, words used in this Part that are defined in the Occupational Health and Safety Act have the meaning given to them by that Act. (3) Notwithstanding subsection (2), where a workplace is situated within the offshore area, as defined in the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act , words used in this Part that are defined in Part III.1 of that Act have the meaning given to them by that Act. 2022 cW-11.1 s25 ; 2025 c4 s251 Back to Top Duties of commission 26. In order to promote health and safety in workplaces and to prevent and reduce the occurrence of workplace injuries and diseases the commission shall (a) promote public awareness of workplace health and safety; (b) educate employers, workers and other persons about workplace health and safety; (c) provide services to occupational health and safety committees, worker health and safety representatives and workplace health and safety designates established or appointed under the Occupational Health and Safety Act and coordinators and committees designated or established under Part III.1 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act ; (d) promote and provide funding for workplace health and safety research; (e) develop standards for the certification of persons required to be certified under the Occupational Health and Safety Act and approve training programs, training providers and trainers for certification; (f) certify persons and programs who meet the standards referred to in paragraph (e); (g) foster commitment to a high standard of workplace health and safety among employers, workers and other persons; (h) make recommendations to the department respecting workplace health and safety; (i) promote and provide funding to industry-based safety associations established to promote occupational health and safety; and (j) conduct safety audits of workplaces and offer services to promote occupational health and safety in the workplace. 2022 cW-11.1 s26 ; 2025 c4 s251 Back to Top Cooperation between commission and occupational health and safety division 27. W here it is necessary to give effect to this Part and the Occupational Health and Safety Act , the commission shall (a) co-operate with the Occupational Health and Safety Division of the department; and (b) disclose information to that division. 2022 cW-11.1 s27 Back to Top Cooperation between commission and Canada-Newfoundland and Labrador Offshore Energy Regulator 28. Where it is necessary to give effect to this Part and Part III.1 of the Canada-Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Newfoundland and Labrador Act , the commission shall (a) cooperate with the Canada-Newfoundland and Labrador Offshore Energy Regulator; and (b) disclose information to the Canada-Newfoundland and Labrador Offshore Energy Regulator. 2022 cW-11.1 s28 ; 2025 c4 s251 Back to Top Administrative costs 29. The commission shall pay from its assessment and revenue income the cost of the occupational health and safety division in the department and the cost of annual grants made by the minister under section 64 of the Occupational Health and Safety Act to a maximum of 5% of its total assessment and investment income in each calendar year. 2022 cW-11.1 s29 Back to Top Research fund 30. (1) The commission shall allocate a maximum of 2% of its total assessment and investment income in each calendar year to establish and maintain a special fund for the purpose of workplace health and safety research. (2) The commission shall administer the fund referred to in subsection (1) and approve expenditures for workplace health and safety research. 2022 cW-11.1 s30 PART III EXTERNAL REVIEWS Back to Top Definition 31. In this Part, "party" means (a) a worker or where the worker is deceased a dependent of the deceased worker; (b) an employer; and (c) the commission. 2022 cW-11.1 s31 Back to Top Review board continued 32. The review division established under the former Act is continued as the Workers' Compensation Independent Review Board and shall be responsible for the review of decisions of the commission in accordance with this Part. 2022 cW-11.1 s32 Back to Top Review board 33. (1) The Lieutenant-Governor in Council shall on the recommendation of the minister appoint to the review board a panel of persons to act as review commissioners. (2) A panel appointed under subsection (1) shall not exceed 7 persons, one of whom shall be appointed by the Lieutenant-Governor in Council as chief review commissioner. (3) The terms of office, remuneration, benefits and expenses of the review commissioners shall be determined by the Lieutenant-Governor in Council. (4) A review commissioner shall hold office during good behaviour for a term that the Lieutenant-Governor in Council may establish. (5) Notwithstanding subsection (4), w here a person ceases to be a review commissioner, the person may, with the approval of the chief review commissioner, (a) carry out and complete any duties or responsibilities; and (b) continue to exercise any powers that the person may have had if the person had not ceased to be a review commissioner in relation to a specific proceeding in which the person had participated as a review commissioner. 2022 cW-11.1 s33 Back to Top Officers and employees 34. (1) There may be employed, in the manner provided by law, those officers, employees and advisors of the review board that are necessary to enable the review board to carry out its functions and the Lieutenant-Governor in Council may fix their terms of service. (2) Notwithstanding subsection (1), those officers and employees employed with the appeal tribunal existing under Part II on June 30, 1994 who are considered by the minister to be necessary for the operations of the review division existing under Part II on July 1, 1994 shall be considered to have been employed in accordance with subsection (1). (3) T he Lieutenant-Governor in Council may determine the remuneration for services and allowances for travelling and other expenses that shall be paid to the officers, employees and advisors employed under subsection (1). 2022 cW-11.1 s34 Back to Top No liability 35. A n action or other proceeding does not lie against the chief review commissioner, the other review commissioners and the officers, employees and advisors of the review board for anything done or omitted to be done in good faith in the course of exercising a power or carrying out a duty under this Act or regulations. 2022 cW-11.1 s35 Back to Top Expenses 36. Expenses incurred in the administration of the review board, including those under section 34, shall be paid out of the Consolidated Revenue Fund and that fund shall be reimbursed by money from the injury fund. 2022 cW-11.1 s36 Back to Top Review commissioner bound 37. A review commissioner shall be bound by this Act, the regulations and policy. 2022 cW-11.1 s37 Back to Top Rules 38. (1) The review board may, subject to the approval of the Lieutenant-Governor in Council, in relation to the review of decisions as referred to in section 40, prescribe by regulation rules of procedure and evidence. (2) The review board may order the type and nature of information to be provided by a person to a review commissioner before or during a review and that person shall provide the information to the review commissioner. (3) For the purpose of the review of a decision as referred to in section 40, a review commissioner has the powers that are conferred on a commissioner under the Public Inquiries Act, 2006, and a review commissioner is considered to be an "investigating body" for the purpose of the Public Investigations Evidence Act, and there shall be full right to examine and cross-examine witnesses called to bring forward evidence in response and reply, and the Public Inquiries Act, 2006 shall apply to those witnesses. 2022 cW-11.1 s38 Back to Top Application to review commissioner 39. (1) A party or an agent acting on behalf of a party with the party's written consent, may apply to the chief review commissioner for the review of a decision as referred to in subsection 40(1), within 30 days of receiving the written decision of the commission. (2) The chief review commissioner may accept an application after the time prescribed in subsection (1) upon review of a written application for an extension of time by the party requesting the review, but an application for review of a decision shall not be accepted more than one year from the date the commission's decision was communicated to the party making the application. (3) An application under subsection (1) shall be in writing and shall identify how the decision is contrary to this Act, regulations or policy. (4) Where an application does not comply with subsection (3) a review commissioner shall refuse to review a matter until the applicant complies with subsection (3). (5) Where an applicant does not comply with subsection (3) within 30 days of receiving notification from the review board of the non-compliance, the decision of the commission shall not be reviewed under this Part. (6) Where an application is made under subsection (1), the chief review commissioner shall (a) review the application; or (b) refer the application to another review commissioner. 2022 cW-11.1 s39 Back to Top Review by review commissioner 40. (1) Upon receiving an application under section 39, a review commissioner may review a decision of the commission to determine if the commission, in making that decision, acted in accordance with this Act, the regulations or policy as they apply to (a) compensation benefits; (b) rehabilitation and return to work services and benefits; (c) an employer's assessment; (d) the assignment of an employer to a particular class or group; (e) an employer's merit or demerit rating; and (f) the obligations of an employer and a worker under Part VII. (2) A review commissioner shall not review a decision under subsection (1) except in accordance with subsection (1). (3) A review commissioner may require a hearing of an application under this Part to be conducted (a) orally, including by telephone, teleconference or other electronic means which enables the parties to participate in the hearing instantaneously and simultaneously; (b) in writing; or (c) partly orally and partly in writing. (4) The commission shall have standing and may be heard and make representations itself or through an agent acting on its behalf on a matter being reviewed by a review commissioner and at further proceedings arising out of that matter. (5) A party may appear before the review commissioner or be represented by counsel or an agent and may accompany and appear with the counsel or agent before the review commissioner. (6) Where a person other than a party has (a) an interest in a matter before the review commissioner; and (b) notified the review commissioner in writing of the intention to appear, that person has the right to appear before the review commissioner or to be represented by counsel or an agent. (7) A review commissioner to which a matter has been referred for review shall (a) notify each party and a person referred to in subsection (6) of the time, manner and place set for the review; and (b) review the decision of the commission and determine whether it was in accordance with this Act, the regulations or policy. (8) Where a party or a person referred to in subsection (6) fails to attend, in person or by counsel or agent the review commissioner may proceed to examine witnesses and to review and adjudicate on the matter being reviewed unless (a) that failure to attend is due to circumstances beyond the party or person's control; and (b) that party or person has, by written notice, advised the review commissioner of the wish to attend and sets out, in the notice, the circumstances that prevent the attendance. (9) A review commissioner may disclose information to the parties or other persons involved in the hearing where the review commissioner determines that the disclosure of the information is necessary for the purposes of the hearing. (10) A party or other person who receives information in accordance with subsection (9) may only use the information for the purposes of the hearing. (11) Where a review commissioner determines that the decision of the commission was in accordance with this Act, the regulations and policy, the review commissioner shall confirm the decision of the commission. (12) Where a review commissioner determines that the decision of the commission was not in accordance with this Act, the regulations or policy, the review commissioner shall identify how the decision of the commission was contrary to this Act, regulations or policy, specify the contravened provision, set aside the decision of the commission and (a) make a decision which is in accordance with this Act, regulations and policy; or (b) where it is appropriate to have a new decision from the commission, refer the matter to the commission for a new decision with or without direction on an appropriate remedy. (13) Where a matter is referred to the commission under paragraph (12)(b), the review commissioner shall not review a new decision except where a new application is made under section 39. (14) A decision of a review commissioner shall be communicated by the review commissioner, with reasons, to each party and any persons referred to in subsection (6), within (a) 60 days of the date of the hearing, where an oral hearing is held; or (b) 60 days of the date written submissions are due, where an oral hearing is not held. (15) An order or decision of a review commissioner is final and conclusive and is not open to question or review in a court of law and proceedings by or before a review commissioner shall not be restrained by injunction, prohibition or other process or proceedings in a court of law or be removable by certiorari or otherwise in a court of law. 2022 cW-11.1 s40 Back to Top Application for reconsideration 41. (1) A party or an agent on behalf of the party may apply, in writing, to the chief review commissioner for a reconsideration of a decision of a review commissioner, including the chief review commissioner. (2) An application under subsection (1) shall be made within 30 days of receipt of the decision that is the subject of the reconsideration. (3) The chief review commissioner shall review the application and, where the chief review commissioner determines that reconsideration is appropriate, the chief review commissioner shall (a) reconsider the decision; or (b) o rder that the decision be reconsidered by another review commissioner who did not make the decision. (4) The chief review commissioner shall notify each party and any person referred to in subsection 40(6) of an application under subsection (1) within 10 days of receiving the application. (5) Where the decision to be reconsidered was made by the chief review commissioner, the chief review commissioner shall refer the application to a different review commissioner who may in the review commissioner's discretion order that the decision be reconsidered, and conduct the reconsideration where one is ordered. (6) The decision of a review commissioner on the application for reconsideration shall be communicated by the review commissioner , with reasons, to each party and any persons referred to in subsection 40(6), (a) within 45 days of the date of the application for reconsideration, where an oral hearing is not held; and (b) within 60 days of the date of the application for reconsideration, where an oral hearing is held. (7) Subsections 40(11) to (13) shall apply to the reconsideration process, with the necessary changes. 2022 cW-11.1 s41 Back to Top Conflict of interest 42. A review commissioner may not review a matter under this Part where (a) the review commissioner has a direct personal interest in that matter; or (b) the chief review commissioner determines there is a conflict of interest. 2022 cW-11.1 s42 Back to Top Audits of review board 43. (1) T he Lieutenant-Governor in Council may appoint an auditor to audit the accounts of the review board and the remuneration of the auditor shall be paid by the review board. (2) The auditor general shall audit the accounts of the review board whenever the auditor general considers it expedient to do so. 2022 cW-11.1 s43 Back to Top Report under Transparency and Accountability Act 44. An annual report, as required by and in accordance with the requirements of the Transparency and Accountability Act , shall be submitted by the review board in accordance with that Act. 2022 cW-11.1 s44 PART IV APPLICATION OF ACT Back to Top Application of Act 45. (1) This Act applies to workers and employers engaged in or in connection with an industry in the province except (a) those industries, emplo yers or workers that the Lieutenant-Governor in Council may exclude by regulation; and (b) those employers and workers that the commission, with the approval of the Lieutenant-Governor in Council, may exclude by regulation where the commission is of the opinion that the exclusion is appropriate. (2) Notwithstanding that certain industries, employers or workers are excluded from the scope of this Act, the commission may, on application, order that this Act apply to one or more of the industries, employers or workers otherwise excluded. 2022 cW-11.1 s45 Back to Top Employer covered 46. The commission may admit a n employer in an industry as being entitled to the same compensation as if the employer were a worker and the employer's dependents were dependents under this Act. 2022 cW-11.1 s46 Back to Top Coverage for particular workers 47. (1) The Lieutenant-Governor in Council may, by regulation, provide that the provisions of this Act apply, in whole or in part, to the following: (a) fishers working in or out of the province, or on or about the waters of the province, or living within the province; (b) commercial buyers or other commercial recipients of fish, or a person engaged within the province in transmitting payments to fishers; (c) volunteer fire brigades or departments located in or serving a municipality and the members of the fire brigades or departments; (d) independent operators in the logging industry; (e) members of the House of Assembly; (f) volunteers engaged in work or measures under the Emergency Services Act ; (g) volunteers providing community ambulance services; (h) volunteers engaged in search and rescue activities as tasked by the Royal Newfoundland Constabulary or the Royal Canadian Mounted Police; and ( i ) volunteers engaged in auxiliary policing services. (2) Where it appears to the commission that this Act or a regulation is inappropriate or unworkable in relation to fishers, the fishing industry or commercial buyers or other commercial recipients of fish, the commission may, by regulation or otherwise, make rules and give decisions that it considers fair and appropriate having regard to the intent that fishers shall where possible receive the benefit of and be subject to this Act. 2022 cW-11.1 s47 Back to Top Independent operator 48. The commission may admit an independent operator who performs work of a nature that would be within the scope of this Act, as being entitled to the same compensation as if the independent operator were a worker and the independent operator's dependents were dependents under this Act. 2022 cW-11.1 s48 Back to Top Work training programs 49. (1) Where a student is enrolled in an educational institution prescribed in the regulations and is participating in a work training program, the student shall, while participating in the work training program, be considered to be a worker employed by the province. (2) Where a student is injured while participating in a work training program and is entitled to compensation, the amount payable to the student shall be based on the current rate paid to a worker engaged in the same or similar work provided that the maximum amount payable does not exceed the maximum compensable assessable earnings. (3) The age for admission to a work training program shall be 15 years or over but in exceptional circumstances the commission may, at the request of the Minister of Education, rule a student to be entitled to the benefits of this section. 2022 cW-11.1 s49 PART V COMPENSATION AND RIGHT OF ACTION Back to Top Compensation payable 50. (1) Compensation under this Act is payable (a) to a worker who suffers personal injury arising out of and in the course of employment, unless the injury is attributable solely to the serious and wilful misconduct of the worker;

and (b) to the dependents of a worker who dies as a result of such an injury. (2) Notwithstanding subsection (1), t he commission shall pay compensation to a worker whose injury is attributable solely to the serious and wilful misconduct of the worker where the worker is seriously and permanently disabled or impaired as a result of an injury arising out of and in the course of employment. (3) The commission shall pay interest on compensation payable for loss of earnings to a worker or dependents where the payment of that compensation is delayed, for more than 30 days, as a result of circumstances that are in the control of the commission. (4) The rate of interest paid under subsection (3) shall be calculated in accordance with the provisions of the Judgment Interest Act . 2022 cW-11.1 s50 Back to Top Proportionate compensation 51. Where a worker sustains an injury arising out of and in the course of employment that (a) aggravates, activates or accelerates a condition, disease or disability existing prior to the injury; or (b) is aggravated, activated or accelerated by causes other than the injury, com pensation is payable for the proportion of the loss of earnings or permanent impairment that the commission determines is attributable to the injury. 2022 cW-11.1 s51 Back to Top Compensation instead of action 52. (1) The right to compensation provided by this Act is instead of rights and rights of action, statutory or otherwise, to which a worker or dependents are entitled against an employer or a worker because of an injury in respect of which compensation is payable or which arises in the course of the worker's employment. (2) A worker, dependents, the worker's personal representative or the employer of the worker has no right of action in respect of an injury against an employer or against a worker of that employer unless the injury occurred otherwise than in the conduct of the operations usual in or incidental to the industry carried on by the employer. (3) An action does not lie for the recovery of compensation under this Act and claims for compensation shall be determined by the commission. 2022 cW-11.1 s52 Back to Top No compensation 53. (1) Section 52 shall not apply where the worker is injured or killed (a) while being transported in the course of the worker's employment by a mode of transportation in respect of which public liability insurance is required to be carried; or (b) as a result of an accident involving the use of a motor vehicle by the worker or another person, in the course of the worker's employment. (2) In subsection (1) " motor vehicle" means (a) a motor vehicle, whether or not it is being operated on a highway, that is (i) registered under the Highway Traffic Act, or (ii) authorized under section 12 or 13 of the Highway Traffic Act to be operated on a highway in the province without being registered under that Act; or (b) another motor vehicle while being operated on a highway in the province. (3) For the purposes of the definition of motor vehicle in subsection (2), "highway" means a highway as defined in the Highway Traffic Act . 2022 cW-11.1 s53 Back to Top Where action allowed 54. (1) Where a worker sustains an injury in the course of the worker's employment in circumstances which entitle the worker or dependents to an action (a) against a person other than an employer or worker; (b) against an employer or against a worker of that employer where the injury occurred otherwise than in the conduct of the operations usual in or incidental to the industry carried on by the employer; or (c) where section 53 applies, t he worker or dependents, where they are entitled to compensation, may claim compensation or may bring an action. (2) The worker shall make an election under subsection (1) within 3 months of the injury and an application for compensation is a valid election for the purpose of this section. (3) The dependents shall make an election under subsection (1) within 6 months of the injury and an application for compensation is a valid election for the purpose of this section. (4) Where the worker or dependents elect to bring an action, the worker or dependents shall immediately serve notice in writing of the election on the commission. (5) Where the commission is satisfied that due to a physical or mental incapacity a worker is unable to exercise the worker's right of election, and undue hardship will result, the commission may pay the compensation provided by this Act until the worker is able to make an election. (6) Where the worker referred to in subsection (5) elects not to claim compensation, further compensation shall not be paid and the compensation that has been paid shall be a first lien against an amount that may be recovered. (7) Where a person who is required to make an election under this section is under the age of 18 years, the person's parent or guardian may make the election. (8) Where a worker or dependents bring an action or settle out of court and less is recovered and collected than the amount of the compensation to which the worker or dependents would be entitled under this Act, the worker or dependents are not entitled to claim compensation under this Act. (9) Where the worker or dependents apply to the commission claiming compensation under this Act, neither the making of the application nor the payment of compensation under it shall restrict or impair a right of action against the party liable, but in relation to those claims the commission is subrogated to the rights of the worker or dependents and may maintain an action in the name of the worker or dependents or in the name of the commission against the person against whom the action lies for the whole or an outstanding part of the claim of the worker or dependents. (10) The commission has exclusive discretion to determine whether it shall take an action, release its claim for an action or compromise the right of action, and its decision is final. (11) Where, in an action under subsection (1), a worker or dependents receive money as the result of a judgment given by a court of law and the commission is owed money under this section by the worker or dependents, the judge shall order that the money owed be paid to the commission. (12) Where the commission is subrogated to the rights of a worker or dependents and recovers and collects more than the amount of the compensation to which the worker or dependents would be entitled under this Act, the amount representing the amount of the excess, less costs and administration charges, shall be paid to the worker or dependents. (13) Costs may, notwithstanding that a salaried employee of the commission acts as its solicitor or counsel, be awarded to and collected by the commission in an action taken by the commission under this section. (14) The commission may, in an action brought under subsection (9), also recover amounts paid to or on behalf of a worker or dependents by way of compensation, including amounts paid as medical expenses, rehabilitation expenses and other expenses paid by the commission to or on behalf of the worker or dependents. 2022 cW-11.1 s54 Back to Top Commission decides if action prohibited 55. Where an action in respect of an injury is brought against an employer or a worker by a worker or dependent, the commission has jurisdiction upon the application of a party to the action to adjudicate and determine whether the action is prohibited by this Act. 2022 cW-11.1 s55 Back to Top Length of disability 56. (1) Where an injury disables a worker for only the day on which the injury occurred, compensation other than health care shall not be paid by the commission but where the injury disables the worker for longer than the day on which the injury occurred compensation shall be paid from and including the day following the day of the injury. (2) Where an injury disables a worker either for only the day on which the injury occurred, or for longer than the day on which the injury occurred, the employer shall pay the worker the earnings that the worker would have earned the day on which the injury occurred as if the worker had not been disabled by the injury. (3) Where an injury results in a permanent functional impairment to a worker, the worker is entitled to compensation for the impairment notwithstanding the fact that there is no loss of earnings. 2022 cW-11.1 s56 Back to Top Compensation to non-residents 57. T he commission may order that payments of compensation under this Act be made to persons living in another province, country or jurisdiction in respect of a worker killed or injured in this province. 2022 cW-11.1 s57 Back to Top Relocation 58. A worker or dependent living in this province may after the time of the injury relocate outside the province without forfeiting the right to compensation under this Act. 2022 cW-11.1 s58 Back to Top Injury outside province 59. (1) W here an employer carries on a business in the province that has a substantial connection with the province and an injury occurs out of the province to a worker who is employed by that employer, the worker or dependents are entitled to compensation in the same manner as if the injury had occurred in the province, unless the worker or dependents are entitled to compensation under the law of the place where the injury occurred. (2) In a case where compensation is payable in respect of an injury occurring out of the province, where the employer has not fully reported to the commission the earnings of the worker who sustains the injury, the employer is, except where relieved by the commission, liable for the full amount or capitalized value of the compensation and the payment of that amount may be enforced in the same manner as the payment of an assessment may be enforced. 2022 cW-11.1 s59 Back to Top No waiver of benefits 60. Any agreement between an employer and a worker that waives or purports to waive benefits to which a worker or dependents are or may become entitled under this Part is void. 2022 cW-11.1 s60 Back to Top Notice of accident 61. (1) Compen sation is not payable to a worker unless (a) the worker or another person on behalf of the worker, gives notice of the injury to the worker's employer immediately after the occurrence of the injury and before the worker has voluntarily left the employment in which the worker was injured; and (b) the claim for compensation is made as follows: (i) within 3 months from the occurrence of the injury, (ii) in the case of an occupational disease, within 3 months after the worker knew, or ought reasonably to have known, that the worker suffers from the occupational disease, and (iii) in case of death, within 6 months after the date of death. (2) The Lieutenant-Governor in Council may, by order, extend the limitation period for making a claim for compensation in respect of an injury described in the order, with effect from the date of the order or an earlier or later date that may be set out in the order. (3) The notice referred to in subsection (1) shall include (a) the name and address of the worker; (b) the cause of the injury; and (c) the location where the injury occurred. 2022 cW-11.1 s61 Back to Top Failure to give notice 62. Notwithstanding section 61, failure to give the notice or to make a claim or a defect or inaccuracy in the notice does not bar the right to compensation where, in the opinion of the commission, the failure, defect or inaccuracy was due to circumstances beyond the worker's control and the employer was not prejudiced by the failure, defect or inaccuracy. 2022 cW-11.1 s62 Back to Top Mitigation of injury 63. (1) A worker shall (a) take all reasonable steps to reduce or eliminate a permanent impairment and loss of earnings resulting from an injury; (b) seek out and co-operate in any health care or treatment that, in the opinion of the commission, promotes the worker's recovery and return to work; (c) take all reasonable steps to provide to the commission full and accurate information on a matter relevant to a claim for compensation; and (d) notify the commission immediately of a change in circumstances that affects or may affect the worker's initial or continuing entitlement to compensation. (2) The commission may suspend, reduce or terminate any compensation otherwise payable to a worker where the worker fails to comply with subsection (1). 2022 cW-11.1 s63 Back to Top Application for compensation 64. (1) Where a worker or dependent applies for compensation the worker shall file with the commission (a) a n application for compensation; (b) a report of the medical practitioner, chiropractor or physiotherapist treating the worker; and (c) other proof of the worker's claim that may be required by the commission. (2) Notwithstanding paragraph (1)(b), the commission may accept a report of a nurse practitioner or physician assistant, where the commission determines it necessary. 2022 cW-11.1 s64 ; 2024 c22 s55 Back to Top Duties of employer 65. (1) A n employer shall give the commission written notice of any, or the possibility of any, work-related injury to a worker that comes to the attention of the employer within 3 days of receiving the information. (2) The written notice referred to in subsection (1) shall include the following information: (a) the occurrence and nature of the injury; (b) the time the injury occurred; (c) the name and address of the worker; (d) the place where the injury occurred; and (e) other particulars required by the commission. (3) An employer shall make additional reports respecting the injury and workers that may be required by the commission. 2022 cW-11.1 s65 Back to Top Duties of health care provider 66. A health care provider who attends to or is consulted with respect to an injury to a worker shall (a) provide reports to the commission in respect to the injury in the form required by the commission; (b) give reasonable and necessary information, advice and help to the worker to enable the worker or dependents to apply for compensation; and (c) provide proof that may be required by the commission. 2022 cW-11.1 s66 Back to Top Medical records 67. Where a worker applies for compensation, the worker is considered to have authorized a regional health authority to disclose to the commission information contained in the records of the regional health authority . 2022 cW-11.1 s67 Back to Top Medical information 68. (1) Where the commission receives a request from a worker's employer for medical information related to the worker and the commission believes that disclosing the information to the employer is reasonably necessary for the determination of the worker's fitness to return to work, the commission may disclose the information to the employer. (2) Where the commission discloses information about a worker to an employer under subsection (1), the worker is considered to have consented to the disclosure of the information. (3) The commission shall inform a worker where it discloses information about the worker to the worker's employer under subsection (1). 2022 cW-11.1 s68 Back to Top Claim investigated 69. The commission shall investigate and process a claim that has been filed with the commission at the earliest convenient date. 2022 cW-11.1 s69 Back to Top Proof required 70. (1) An issue related to a worker's entitlement to compensation shall be decided on a balance of probabilities and, where the evidence on each side of an issue is equally balanced, the issue shall be decided in favour of the worker. (2) The commission may require the proof which it considers necessary of the existence and status of dependents who are in receipt of compensation. 2022 cW-11.1 s70 Back to Top Presumption 71. W here the injury arose out of the employment, it shall be presumed, unless the contrary is shown, that it occurred in the course of the employment, and where the injury occurred in the course of the employment, it shall be presumed, unless the contrary is shown, that it arose out of the employment. 2022 cW-11.1 s71 Back to Top Medical examination required 72. (1) The commission may require a worker applying for or receiving compensation to submit to a medical examination by the commission or its appointed officer. (2) Where a worker does not comply with subsection (1), the commission may withhold compensation. 2022 cW-11.1 s72 Back to Top Objection to claim 73. (1) A person who wishes to object to a claim that has been filed with the commission shall file a notice of objection with the commission within 10 days after the date the claim was first reported to the person. (2) A notice of objection referred to in subsection (1) shall (a) be in writing; (b) state the reason for the objection; and (c) be personally delivered to the worker or mailed to the worker's last known address. (3) Where a notice of objection referred to in subsection (1) is filed, the commission shall inquire into the claim within 45 days after the notice of objection is filed. 2022 cW-11.1 s73 Back to Top Power to review compensation 74. The commission may reopen, rehear, redetermine, review or readjust a claim, decision or adjustment, where (a) an injury has proven more serious or less serious than it was considered to be; (b) new evidence relating to the claim, decision or adjustment has been presented to it; (c) a change has occurred in the condition of the worker or in the number, circumstances or status of dependents or otherwise; or (d) a worker is not following medically prescribed treatment. 2022 cW-11.1 s74 Back to Top Compensation where fatal accident 75. (1) Where the death of a worker results from an injury, the amount of compensation paid to the worker's surviving dependent spouse or cohabiting partner and children and the expenses paid for the burial of the worker shall be the amounts prescribed in the regulations. (1.1) Where, as a result of an injury, a worker dies on or after January 1, 2022, the commission may, in accordance with the regulations, pay for bereavement counselling for the worker's surviving dependent spouse or cohabiting partner and children. (2) Notwithstanding subsection (1), the commission may annually increase the amount of compensation prescribed in the regulations that is to be paid to the worker's surviving dependent spouse or cohabiting partner and children by applying the Consumer Price Index for Canada as published by Statistics Canada. (3) Where compensation is not payable under subsection (1) and a person other than those referred to in subsection (1) is a dependent, an amount proportionate to the monetary loss to those dependents occasioned by the death of the worker that may be determined by the commission shall be paid by the commission to the dependents. (4) Payments provided for in subsection (3) shall continue only as long as in the opinion of the commission it might reasonably have been expected that the worker, had the worker lived, would have continued to contribute to the support of the dependent. 2022 cW-11.1 s75 ; 2023 c20 s1 Back to Top Payment to a remarried spouse 76. (1) A person whose monthly allowance as a surviving dependent spouse was terminated on or after April 17, 1985 due to the person's remarriage is entitled to receive the compensation that the person would have received had the monthly allowance not been terminated. (2) A person whose monthly allowance as a surviving dependent spouse was terminated before April 17, 1985 due to the person's remarriage is entitled to receive the compensation that the person would have received on or after April 17, 1985 had the monthly allowance not been terminated. (3) Notwithstanding section 50, interest shall not be paid on compensation which would have been paid from April 17, 1985 to December 31, 1992. (4) An amount shall not be paid under this section to the estate of a person. (5) Subsection (4) does not apply to an amount to which a person is entitled under subsection (2) where the person died after February 9, 2006. 2022 cW-11.1 s76 Back to Top Method of payment 77. T he method of calculating compensation under section 75 and the manner in which compensation is paid under that section shall be prescribed in the regulations. 2022 cW-11.1 s77 Back to Top Compensation may be apportioned 78. (1) Where compensation is payable to dependents under section 75, the commission may apportion the compensation among the dependents in the manner and to the degree that the commission considers appropriate in the circumstances. (2) Notwithstanding subsection (1), the commission shall not pay in respect of dependents a total amount greater than is provided for the respective dependents under section 75. 2022 cW-11.1 s78 Back to Top Compensation unpaid at death 79. Where a worker's death results from an injury or after an injury, compensation payable with respect to a portion of the period between the date of the injury and the date of the death may be paid by the commission to those dependents of the deceased worker who the commission considers appropriate. 2022 cW-11.1 s79 Back to Top Household to be continued 80. Where a worker in relation to whom section 75 applies does not leave a spouse or cohabiting partner or where the spouse or cohabiting partner of the worker dies, and in the opinion of the commission it is desirable to continue the existing household and where a suitable person acts as a guardian in keeping up the household and maintaining and taking care of the children entitled to compensation in a manner which the commission considers satisfactory, the guardian, while so doing, is entitled to receive the same monthly payments of compensation as if the guardian were the spouse or cohabiting partner of the deceased. 2022 cW-11.1 s80 Back to Top Payments to children 81. ( 1) Payments made under this Act in respect of a child shall stop when the child reaches the age of 18 years or where the child dies before reaching the age of 18 years, at the time of the child's death. (2) N otwithstanding subsection (1), compensation is payable in respect of a child 18 years of age or older where the child has a physical or mental incapacity. (3) Where subsection (2) applies, payment to the child shall continue as long as, in the opinion of the commission, it might reasonably have been expected that the worker, had the worker lived, would have continued to contribute to the support of the child. (4) Notwithstanding subsection (1), where in the opinion of the commission the providing of further education to a child 18 years of age or older appears advisable, the commission in its discretion may on application extend the period for which compensation shall be paid in respect of the child for the period of time the child is completing the education but compensation shall not be paid in respect of the child after the child reaches the age of 25 years. 2022 cW-11.1 s81 Back to Top Compensation for disability 82. (1) W here, as the result of an injury, a worker is disabled or impaired either permanently or temporarily, totally or partially, the commission shall pay in relation to the worker (a) health care expenses as provided for in section 95; (b) a lump sum payment for the permanent impairment as determined by the commission after consideration of a rating schedule; and (c) compensation for the loss of earning capacity resulting from the injury calculated in accordance with section 83. (2) The maximum and minimum lump sum payments payable under paragraph (1)(b) shall be prescribed in regulations. (3) The board of directors may for the purpose of paragraph (1)(b) approve a rating schedule which may be considered in calculating the amount of a payment for a permanent impairment arising out of an injury. 2022 cW-11.1 s82 Back to Top Lost earning capacity 83. (1) Where injury to a worker results in loss of earnings beyond the day of the injury, the commission shall estimate the effect of the injury on the loss of earning capacity resulting from the injury and shall provide compensation to the worker on the basis of the estimated loss. (2) For periods of earnings loss after March 31, 2018, the rate used for calculating a worker's loss of earning capacity shall be 85% of the difference between the worker's average weekly net earnings at the commencement of the worker's loss of earnings resulting from the injury, subject to the maximum compensable assessable earnings, and the average weekly net earnings the worker is estimated to be capable of earning at suitable employment after sustaining that injury. (3) The commission for the purpose of subsection (2) may determine that a worker is capable of working in suitable employment and estimate the earnings the worker could earn in that employment. (4) Where a worker reaches the age of 65 years, the compensation payable under this section shall stop. (5) Notwithstanding subsection (4) where a worker is 63 years of age or older at the beginning of the worker's loss of earnings resulting from the injury, the commission may provide the compensation under subsection (1) for a period of not more than 2 years following the date of the injury. 2022 cW-11.1 s83 Back to Top Compensation to be reviewed 84. (1) Extended earnings loss benefits being paid to a worker may be reviewed periodically by the commission. (2) Where a worker is in receipt of extended earnings loss benefits, (a) the Consumer Price Index for Canada as published by Statistics Canada shall be applied annually to the worker's estimated annual earnings before the commencement of the worker's loss of earnings resulting from the injury; and (b) the benefits shall be recalculated in accordance with subsection 83(2). 2022 cW-11.1 s84 Back to Top Retirement benefits 85. (1) Where a worker who is in receipt of extended earnings loss benefits on or after January 1, 2019 in respect of an injury reaches the age of 65 years, the worker is entitled to receive a lump sum payment equal to (a) 5% of the following benefits paid to the worker in respect of the injury, together with accrued interest: (i) extended earnings loss benefits, and (ii) where the worker received temporary earnings loss benefits for more than 24 months, the temporary earnings loss benefits paid to the worker for the period in excess of 24 months; or (b) 10% of the following benefits paid to the worker in respect of the injury, together with accrued interest, where the worker is or was at the time of the injury a member of an employer-sponsored pension plan: (i) extended earnings loss benefits, and (ii) where the worker received temporary earnings loss benefits for more than 24 months, the temporary earnings loss benefits paid to the worker for the period in excess of 24 months. 2022 cW-11.1 s85 ; 2026 c8 s2 Back to Top Earning capacity reviewed 86. Where the commission is satisfied that the average earnings of the worker at the time of the worker's injury do not represent the worker's earning capacity because of either of the following: (a) the worker's age; or (b) t he worker is in the course of learning a trade, occupation, or profession the commission may, in the case of a temporary disability, adjust the amount of compensation and, in the case of a permanent disability, calculate the payment, by taking into account the probable increase in average earnings. 2022 cW-11.1 s86 Back to Top Recurrence 87. W here a worker suffers a recurrence of an injury, the compensation payable to the worker shall be based on the average weekly earnings at the time of the worker's loss of earnings resulting from the recurrence of the injury, less compensation the worker is already receiving in respect of that injury. 2022 cW-11.1 s87 Back to Top Rescue work 88. In the case of a worker suffering injury by accident arising out of and in the course of the employment while doing rescue work for the saving of human life in a mine or in an industry, or on the premises of either of them, during or immediately after an explosion, injury, fire or other catastrophe, the compensation payable in that case shall be calculated on the basis of 100% of net earnings instead of the percentages otherwise provided in this Act. 2022 cW-11.1 s88 Back to Top Calculation of earnings 89. (1) Average weekly earnings shall be calculated on the basis of (a) the amount earned in the period of 12 months immediately preceding the beginning of the loss of earnings as a result of the injury; or (b) the rate of daily, weekly, monthly or other regular remuneration that the worker was receiving at the beginning of the loss of earnings as a result of the injury, wh ichever, in the opinion of the commission, seems more equitable. (2) In calculating average weekly earnings, they shall be considered not to exceed 1/52 of the maximum compensable assessable earnings in effect at the beginning of the loss of earnings resulting from the injury, or at the beginning of the recurrence of the loss. (3) Where the employer was accustomed to paying to the worker an amount of money to cover special expenses imposed on the worker by the nature of the worker's employment, that amount shall not be included as part of the worker's earnings. (4) Where, owing to the shortness of time during which the worker was employed or due to the casual nature of the employment, it is inequitable to calculate the rate of remuneration as of the date of the injury, the rate of remuneration may be calculated based on the average weekly or monthly amount earned during the 12 months by a person employed at the same work by the same employer or where there is no person so employed then by a person in the same class of employment and in the same region. (5) Where a worker who is injured is at the time of injury under concurrent contracts of service with 2 or more employers, the worker's average earnings shall be determined as though the worker's earnings from those employers were earnings from the employer for whom the worker was working at the time of the injury and, notwithstanding paragraph 2(1)(bb), the worker's net earnings means the worker's average earnings as determined under this section less the total of the amounts described in subparagraphs 2(1)(bb)( i ), (ii) and (iii). (6) Where the commission determines that it is more equitable, the commission may pay compensation based on the earnings of the worker at the time of the injury. (7) Notwithstanding subsection (1), w here a worker has received compensation for 13 consecutive weeks, the commission may review the average annual earnings of the worker preceding the worker's loss of earnings and adjust the amount of compensation paid to the worker so that the compensation is more equitably based on the worker's average annual earnings. 2022 cW-11.1 s89 Back to Top Benefits to be considered 90. (1) In determining a weekly or monthly payment, the commission shall consider a payment, allowance or benefit which the worker may receive from the worker's employer during the period of the worker's disability. (2) Where compensation is payable an amount deducted from the compensation under subsection (1) may be paid to the employer out of the injury fund. (3) A benefit, relative to an injury, that a worker is entitled to receive under the Canada Pension Plan or the Quebec Pension Plan shall be offset from the compensation payable to the worker for loss of earnings at a rate of 75% of the net benefit. (4) W here the commission has, prior to J anuary 1, 1993 , considered Canada Pension Plan or Quebec Pension Plan benefits in calculating compensation to be paid to a worker, the commission shall not alter the manner in which that worker's Canada Pension Plan benefits are considered except upon a recurrence of the worker's injury. (5) A benefit that a worker is entitled to receive under an employer-sponsored pension plan shall be offset from the compensation payable to the worker for loss of earnings at a rate of 75% of the net benefit. 2022 cW-11.1 s90 Back to Top No amount in excess of compensation 91. (1) A n employer and a worker shall not enter into an agreement in which the employer agrees to pay the worker an amount in excess of the amount that the worker, as a result of an injury, is receiving as compensation either under this Act or as if the worker were a worker within the scope of this Act. (2) Where an employer and a worker enter into an agreement in contravention of subsection (1), that agreement is of no effect. (3) For the purpose of this section, the word "agreement" means a collective agreement or other contract of employment. 2022 cW-11.1 s91 Back to Top Payment of compensation 92. (1) Payments of compensation shall be made in the form and manner determined by the commission. (2) In the case of a person with a mental incapacity, compensation payments may be made to a person who in the opinion of the commission is best qualified to administer the payments, whether or not the person to whom the payment is made is the legal guardian of the person with the mental incapacity. (3) Where a person entitled to compensation is committed to a jail, penitentiary or place of detention, compensation is not payable for the period of confinement but the commission may pay the whole or a part of the compensation withheld to dependents of the person confined or to other persons who in the opinion of the commission are best qualified to administer the payments. (4) Where the person referred to in subsection (3) is under 16 years of age, compensation payable to the person may be paid instead to the person who the commission considers appropriate. 2022 cW-11.1 s92 Back to Top Compensation not assignable 93. Except with the approval of the commission or where there is a court order for support, an amount payable as compensation shall not (a) be assigned, charged or attached; (b) pass by operation of law except to a personal representative; or (c) have a claim set off against it. 2022 cW-11.1 s93 Back to Top Overpayment of compensation 94. (1) Where the commission determines that it paid an amount of compensation to a worker, or to another person, as a result of an injury to the worker, that exceeds the amount to which the worker, or other person, is entitled, the commission may recover the overpayment from the worker or where the worker is deceased, from the worker's estate, as a debt due the commission by action in a court. (2) In an action commenced as a result of a determination by the commission that it has made an overpayment of compensation, the court does not have jurisdiction to determine whether an overpayment occurred or the amount of the overpayment. 2022 cW-11.1 s94 PART VI HEALTH CARE Back to Top Where healthcare needed 95. (1) The commission shall provide a worker who is entitled to compensation under this Act or who would have been entitled had the worker been disabled longer than the day of the injury with the health care that in the opinion of the commission may be necessary as a result of the injury. (2) The commission may provide a daily allowance to a worker for the worker's subsistence when, under its direction, the worker is undergoing treatment at a place other than the place where the worker ordinarily lives. (3) A worker referred to in subsection (1) is entitled to the health care that the commission may decide is necessary or advisable, including (a) a prosthesis and apparatus that may be necessary as a result of an injury; (b) the repair and replacement of a prosthesis and apparatus; (c) the repair and replacement of clothing which is damaged or worn by the use of a prosthesis or apparatus; (d) the replacement of an article of clothing destroyed by an injury or the cause of the injury and the repair or replacement, as the commission may determine, of that article of clothing; (e) dental appliances and apparatus that may be necessary as a result of an injury; (f) repair and replacement of dental appliances and apparatus; (g) hearing and vision aids that may be necessary as a result of an incident causing personal injury or, where there is no personal injury, as a result of a work incident that is proven to the satisfaction of the commission; and (h) the repair or replacement of hearing and vision aids. 2022 cW-11.1 s95 Back to Top Health care 96. (1) The supervision and control of health care and questions as to the necessity, character and sufficiency of health care which is provided shall be determined by the commission. (2) A health care provider and regional health authority consulted respecting or having the care of a worker shall provide to the commission the reports that may be required by the commission in respect of the worker. (3) The fees or charges payable for health care and health care provider reports (a) shall be fixed by the commission; and (b) shall not be more than the commission considers reasonable and appropriate for service rendered to a worker. (4) An action does not lie for an amount in excess of the amount fixed by the commission under subsection (3). (5) A health care provider or other person, entitled to be paid by the commission under this Act for services performed or for medicines or materials supplied, shall not make a charge against a worker, an employer or a person other than the commission for those services, medicines or materials. 2022 cW-11.1 s96 Back to Top Contributions for health care 97. (1) An employer shall not directly or indirectly collect, receive or retain from a worker contributions towards the expense of health care. (2) Where, in conjunction with or apart from the health care to which workers are entitled free of charge, further health care or other service or benefit is or is proposed to be given or arranged for, a question arising as to whether a contribution from workers is prohibited by this Act shall be determined by the commission. 2022 cW-11.1 s97 Back to Top First medical treatment 98. (1) Where a worker has been so seriously injured that the worker cannot continue at the worker's regular work, the employer shall, at the employer's own expense, as soon as reasonably possible after the injury, (a) obtain necessary health care or convey the worker to a place where the worker may receive health care; (b) provide immediate transportation to a hospital should that be necessary or to a place where proper health care can be given; and (c) provide or arrange for the provision of health care that may be necessary to the worker upon the journey. (2) Where an employer fails to comply with subsection (1), a person may obtain the necessary health care or convey the worker to a hospital or place referred to in that subsection and the employer shall pay the reasonable expenses for obtaining the health care or for the conveyance. (3) Where the employer fails to pay the expenses referred to in subsection (2), the commission may pay the expenses and the employer is liable to pay the commission double the amount paid and the payment of the amount may be enforced in the same manner as an assessment. 2022 cW-11.1 s98 PART VII RETURN TO WORK AND REHABILITATION Back to Top Rehabilitation 99. The commission may take those measures and make those expenditures that it considers necessary or expedient to (a) help in getting workers back to work; (b) help in lessening or removing an impediment resulting from a worker's injury; (c) help in the rehabilitative measures of personal care and home care; and (d) provide counselling, academic and vocational services to a dependent spouse or cohabiting partner who survives a worker, where the worker's death resulted from an injury which occurred before July 1, 1996. 2022 cW-11.1 s99 Back to Top Duty to co-operate in return to work 100. (1) An employer shall co-operate in the early and safe return to work of a worker injured during employment by (a) contacting the worker as soon as possible after the injury occurs and maintaining communication throughout the period of the worker's recovery; (b) providing suitable employment that is available and consistent with the worker's functional abilities and that, where possible, restores the worker's pre-injury earnings; (c) giving the commission the information the commission may request concerning the worker's return to work; and (d) doing other things that may be prescribed in the regulations. (2) A worker shall co-operate in the early and safe return to work by (a) contacting the employer as soon as possible after the injury occurs and maintaining communication throughout the period of the worker's recovery; (b) assisting the employer, as may be required or requested, to identify suitable employment that is available and consistent with the worker's functional abilities and that, where possible, restores the worker's pre-injury earnings; (c) accepting suitable employment identified under paragraph (b); (d) giving the commission the information the commission may request concerning the worker's return to work; and (e) doing other things that may be prescribed in the regulations. (3) The commission may contact the employer and the worker to monitor their progress on returning the worker to work to determine whether they are fulfilling their obligations to co-operate and to determine whether any assistance is required to facilitate the worker's return to work. (4) The employer or the worker shall notify the commission of any difficulty or dispute concerning their co-operation with each other in the worker's early and safe return to work. (5) Where the commission received notice under subsection (4), t he commission shall attempt to resolve the dispute through mediation and, if mediation is not successful, shall decide the matter within 60 days after receiving the notice or within the longer period that the commission may determine. (6) Where mediation is provided under this section, the mediator shall not participate in a hearing or proceeding in relation to the subject of the mediation without the consent of the parties to the hearing or proceeding. (7) Where the commission determines that a worker has failed to comply with this section, the commission may suspend, reduce or terminate the worker's compensation. (8) Where the commission determines that an employer has failed to comply with this section, the commission may levy a penalty on the employer not exceeding the cost to the commission of providing benefits, return to work and rehabilitation services to the worker while the non-compliance continues. (9) A penalty payable under subsection (8) is an amount owing to the commission and may be added to the employer's assessment and payment enforced under section 140. 2022 cW-11.1 s100 Back to Top Obligation to re-employ 101. (1) An employer of a worker who has been unable to work as a result of an injury and who, on the date of the injury, had been employed continuously for at least one year by the employer shall offer to re-employ the worker in accordance with this section. (2) This section applies only to an employer and a worker who had been in an employment relationship for a continuous period of one year immediately prior to the date of the worker's injury. (3) This section does not apply to an employer who regularly employs fewer than 20 workers. (4) The commission may determine the following matters on its own initiative or shall determine them if a worker and an employer disagree about the fitness of the worker to return to work: (a) where the worker has not returned to work with the employer, whether the worker is medically able to perform the essential duties of the worker's pre-injury employment or to perform suitable work; and (b) where the commission has previously determined that the worker is medically able to perform suitable work, whether the worker is medically able to perform the essential duties of the worker's pre-injury employment. (5) When a worker is medically able to perform the essential duties of the worker's pre-injury employment, an employer to whom this section applies shall offer to (a) re-employ the worker in the position that the worker held on the date of injury; or (b) provide the worker with alternative employment of a nature and at earnings comparable to the worker's employment on the date of injury. (6) When a worker is medically able to perform suitable work but is unable to perform the essential duties of the worker's pre-injury employment, an employer to whom this section applies shall offer the worker the first opportunity to accept suitable employment that may become available with the employer. (7) An employer to whom this section applies shall modify the workplace and the work to accommodate the worker to the extent that the accommodation does not cause the employer undue hardship. (8) An employer is obligated under this section until the earliest of, (a) 2 years after the date of disability; (b) one year after the worker is medically able to perform the essential duties of the worker's pre-injury employment; and (c) the date on which the worker reaches 65 years of age. (9) W here an employer re-employs a worker in accordance with this section and then terminates the employment within 6 months, the employer is presumed not to have fulfilled the employer's obligations under this section. (10) An employer may rebut the presumption in subsection (9) by showing that the termination of the worker's employment was not related to the injury. (11) Upon the request of a worker or on its own initiative, the commission shall determine whether an employer has fulfilled the employer's obligations to the worker under this section. (12) The commission is not required to consider a request under subsection (11) by a worker who has been re-employed and whose employment is terminated within 6 months where the request is made more than 3 months after the date of termination of employment. (13) Where the commission decides that an employer has not fulfilled the employer's obligations to a worker, the commission may (a) levy a penalty on the employer not exceeding the amount of the worker's net average earnings for the 12 months immediately preceding the beginning of the loss of earnings as a result of the injury; and (b) make payments to the worker for a maximum of one year as if the worker were entitled to payments under section 83. (14) A penalty payable under subsection (13) is an amount owing to the commission and may be added to the employer's assessment and payment enforced under section 140. (15) Where this section conflicts with a collective agreement that is binding upon an employer, and the employer's obligations under this section give a worker greater re-employment terms than does the collective agreement, this section prevails over the collective agreement. (16) Subsection (15) shall not operate to displace the seniority provisions of a collective agreement. (17) This section shall only apply in respect of an injury to a worker which occurred on or after January 1, 2002. 2022 cW-11.1 s101 Back to Top Labour market re-entry assessment and plan 102. (1) The commission shall provide a worker with a labour market re-entry assessment where (a) it is unlikely that the worker will be re-employed by the worker's employer because of the nature of the injury; (b) the worker's employer has been unable to arrange work for the worker that is consistent with the worker's functional abilities and that restores the worker's pre-injury earnings; or (c) the worker's employer is not co-operating in the early and safe return to work of the worker. (2) After reviewing the results of a labour market re-entry assessment the commission shall (a) determine whether a worker requires a labour market re-entry plan in order to enable the worker to re-enter the labour market and reduce or eliminate the loss of earnings that may result from the injury; and (b) determine the employment that is suitable for the worker.

(3) Where the commission determines that a worker requires a labour market re-entry plan, the commission shall arrange for a labour market re-entry plan to be prepared for the worker. (4) A labour market re-entry plan shall be prepared in consultation with (a) the worker and, unless the commission considers it inappropriate to do so, the worker's employer; and (b) the worker's health care providers if the commission considers it necessary to do so. (5) A labour market re-entry plan shall contain the steps necessary to enable a worker to re-enter the labour market in the employment that is suitable for the worker. (6) A worker shall co-operate in all aspects of a labour market re-entry assessment or plan provided to the worker. (7) Th e commission shall pay the expenses related to a labour market re-entry assessment and plan that the commission considers appropriate to enable the worker to re-enter the labour market. (8) Where a worker was injured prior to January 1, 2002 and has received services under section 89 of the former Act as it read prior to January 1, 2002, the worker shall not be entitled to a labour market re-entry assessment or plan except where the commission considers it appropriate. 2022 cW-11.1 s102 Back to Top Provision of information 103. (1) Where a worker or a worker's employer requests, a health care provider shall give the commission, the worker and the employer information concerning the worker's functional abilities on the form that may be required by the commission. (2) The commission shall pay a health care provider for providing information under this section and shall fix the fee to be paid. (3) A person, other than the worker, who receives the information referred to in subsection (1) shall not disclose that information except to a person who is assisting the employer in returning the worker to work. 2022 cW-11.1 s103 PART VIII OCCUPATIONAL DISEASES Back to Top Occupational disease 104. (1) Where (a) a worker suffers from an occupational disease and is as a result disabled or the worker's death is caused by an occupational disease; and (b) the occupational disease is due to the nature of the employment in which the worker was engaged, whether under one or more employments, the worker o r dependents are entitled to compensation as if the occupational disease were an injury, and the date of disablement were the date of injury, subject to the modifications referred to in this section, unless at the time of entering into the employment the worker had falsely represented as not having previously suffered from the occupational disease. (2) The commission may, with the approval of the Lieutenant-Governor in Council, make regulations prescribing occupational diseases and associating descriptions of processes with the occupational diseases. (3) Where a worker referred to in subsection (1) at or immediately before the date of the disablement was employed in a process prescribed in the regulations and the occupational disease contracted is the occupational disease prescribed in the regulations that is associated with the description of the process, the occupational disease shall be considered to have been due to the nature of that employment unless the contrary is proved. (4) Where a worker referred to in subsection (1), who was employed in a process involving asbestos, is suffering from the occupational disease known as asbestosis, the occupational disease shall be conclusively considered to have been due to the nature of that employment. (5) Nothing in this section affects the right of a worker to compensation in respect of an occupational disease to which this section does not apply where the occupational disease is the result of an injury in respect of which the worker is entitled to compensation under this Act. 2022 cW-11.1 s104 Back to Top Occupational disease compensation 105. (1) A worker or dependent is entitled to compensation under section 104 or 106 notwithstanding that the worker is not employed at the date of disablement. (2) The amount of compensation payable under section 104 or 106 to a worker or dependents referred to in subsection (1) shall be calculated, in accordance with section 83, on the basis of the worker's average weekly net earnings in the worker's last trade, occupation or profession prior to the date of disablement, adjusted to the date of disablement by the application of the Consumer Price Index for Canada as published by Statistics Canada. (3) A worker or dependent is only entitled to compensation from January 1, 1994 notwithstanding that the worker's date of disablement is before January 1, 1994. 2022 cW-11.1 s105 Back to Top St. Lawrence 106. (1) Where (a) a work er suffers from a chronic obstructive pulmonary disease or from silicosis or carcinoma and is as a result disabled from earning full earnings at the work at which the worker was employed, or the worker's death is caused by that disease and the worker was employed, whether before or after January 1, 1951, in fluorspar extraction, or both, at St. Lawrence; or (b) a wor ker or a deceased worker is listed in the Appendix to chapter XVIII of the Report of the Royal Commission Respecting Radiation, Compensation and Safety at the Fluorspar Mines, St. Lawrence, Newfoundland, 1969, as being entitled to compensation under the commission's recommendations, whether by majority decision or decision of a single member, the disease or disability suffered by the worker or the worker's death shall be considered to be due to the nature of the employment in those mines unless it is traceable to other employment. (2) A worker referred to in subsection (1) or where the worker is deceased, the dependents of the deceased worker are entitled to compensation from (a) the date referred to in subsection (5); or (b) the date of disability or death, whichever is later, as if the disease were an injury arising out of and in the course of the worker's employment in those mines and the disablement or death were the happening of the injury. (3) The intent of this section is that the recommendations respecting compensation appearing in the report referred to in subsection (1) including minority recommendations, shall be fully implemented, and this section shall be interpreted in the light of this intent, and, to dispel doubt, the Lieutenant-Governor in Council may make regulations for the purpose of giving effect to that intent. (4) Nothing in this section shall entitle (a) a worker or the dependent of a deceased worker or another person to claim compensation for a period before the date referred to in subsection (5); or (b) th e personal representative, surviving spouse, cohabiting partner or next of kin of a deceased dependent of a worker, where that surviving spouse, cohabiting partner or next of kin is not a dependent of that worker to claim compensation for a period before or after the date referred to in subsection (5). (5) This section applies only in relation to a worker who (a) before January 1, 1984 was employed in fluorspar extraction at St. Lawrence; or (b) is referred to in paragraph (1)(b). 2022 cW-11.1 s106 Back to Top Medical committees 107. (1) In this section "committee" means a committee of medical practitioners constituted and appointed under this section. (2) Th e commission (a) shall constitute a committee of medical practitioners upon the written request of a worker or the personal representative of a deceased worker where (i) the request is made not later than 90 days after the making of a medical decision by the commission, or (ii) a longer period that the commission determines where the commission is of the opinion that exceptional circumstances exist; or (b) may constitute a committee of medical practitioners where the commission feels it is desirable to constitute a committee. (3) The purpose of a committee is to (a) investigate and determine in relation to a claim made by a worker or the dependents of a deceased worker, the nature of an occupational disease and its relationship to the processes directly associated in the regulations with the occupational disease; or (b) investigate and determine in respect of a number of cases based on death or disability alleged to be caused by that occupational disease. (4) A committee shall consist of 3 medical practitioners recognized as specialists in the type of injury or illness for which the committee is constituted and shall be appointed from a list of specialists prepared by the commission in the manner prescribed in subsection (5). (5) In the case of a committee constituted under paragraph (2)(a) (a) the commission shall, by a notice sent by registered mail, require the worker or dependents to appoint from the list referred to in subsection (4) one specialist within 14 days after the mailing of the notice by the commission and where the worker or dependents fail to make that appointment, the minister shall make an appointment from the list and that member shall be considered to be appointed by the worker or dependents and the appointment by the dependents under this subsection shall be effected on their behalf by the personal representative of the deceased worker concerned; (b) the commission shall appoint the second member of the committee from the list and the 2 members appointed by the worker or dependents and the commission shall appoint from the list the third member who shall be chairperson; and (c) where the members appointed by the commission and the worker or dependents are unable to agree on a third member within 2 weeks after they are appointed, the minister shall appoint from the list the third member who shall be chairperson. (6) In the case of a committee constituted under paragraph (2)(b), the commission shall appoint the members of the committee and shall designate one of them as chairperson. (7) A committee has the powers conferred on a commissioner under sections 8, 9 and 10 of the Public Inquiries Act, 2006 . (8) A committee shall conduct those investigations and receive the evidence that it considers necessary for the determination of the questions referred to it by the commission. (9) A committee shall report to the commission its findings on the nature of the occupational disease and its relationship to the processes associated with it in the regulations. (10) Where a claim is made by a worker and the worker is examined, the committee shall certify to the commission (a) the worker's condition; (b) the worker's fitness for employment; (c) the worker's unfitness, where the worker is unfit for employment; (d) the extent of the worker's temporary or permanent disability because of the occupational disease in respect of which the worker has claimed compensation; and (e) other matters which may, in the opinion of the commission or the committee, be pertinent to the claim. (11) W here the claim is made by the dependents of a deceased worker the committee shall certify to the commission (a) the cause of the worker's death; (b) the opinion of the committee as to the reasonableness of the inference that the worker died from the occupational disease; (c) whether the occupational disease is related to any of the processes associated with it in the regulations; and (d) other matters which may, in the opinion of the commission or the committee, be pertinent to the claim. 2022 cW-11.1 s107 PART IX PRESUMPTION RESPECTING FIREFIGHTERS AND VOLUNTEER FIREFIGHTERS Back to Top Definitions 108. In this Part (a) "fire and emergency services employee" means a person employed with the department responsible for fire and emergency services and whose duties include (i) investigating the cause, origin or circumstances of fires, (ii) firefighting, or (iii) delivering fire investigation or firefighting training; (b) "fire department" means a fire department organized under the Towns and Local Service Districts Act , the City of St. John's Act , the City of Corner Brook Act , the City of Mount Pearl Act and the Regional Service Boards Act, 2012 and also includes a fire department established by an Inuit Community Government under the Labrador Inuit Land Claims Agreement Act ; (c) "firefighter" means (i) a member of a fire department, (ii) a member of an industrial fire department, or (iii) a fire and emergency services employee; (d) "industrial fire department" means a n organization established by an employer to protect the employer's premises where the nature of the employer's business creates specific hazards for which specialized firefighting training or equipment is required; (e) "listed disease" means (i) a primary site brain cancer, (ii) a primary site bladder cancer, (iii) a primary site colorectal cancer, (iv) a primary site esophageal cancer, (v) a primary leukemia, (vi) a primary site lung cancer, (vii) a primary site kidney cancer, (viii) a primary non-Hodgkin lymphoma, (ix) a primary site testicular cancer, (x) a primary site ureter cancer, (xi) a primary site breast cancer, (xii) a primary site penile cancer, (xiii) a primary site pancreatic cancer, (xiv) a primary site thyroid cancer, (xv) multiple myeloma, (xvi) a primary site prostate cancer, (xvii) a primary site cervical cancer, (xviii) a primary site ovarian cancer, (xix) a primary site skin cancer, or (xx) an injury to the heart that manifests within 24 hours after attendance at an emergency response; and (f) "volunteer firefighter" means a volunteer member of a fire department or brigade admitted by the commission under the regulations and considered to be a worker. 2022 cW-11.1 s108 ; 2023 cT-6.2 s346 Back to Top Presumption 109. (1) Where a worker who is or has been a firefighter or a volunteer firefighter is diagnosed with a listed disease and is as a result disabled or the worker's death caused by a listed disease, (a) the listed disease is presumed to be due to the nature of the worker's employment as a firefighter or volunteer firefighter unless there is evidence to the contrary; and (b) the worker or dependents are entitled to compensation as if the listed disease were an injury and the date of disablement were the date of injury. (2) The presumption in subsection (1) applies to a worker (a) who has been a firefighter or a volunteer firefighter for at least the cumulative period of service prescribed in the regulations; and (b) who has been regularly exposed to the hazards of a fire scene, other than a forest fire scene, throughout that period. (3) In addition to the requirements in subsection (2), the presumption for primary site lung cancer applies only to a firefighter or volunteer firefighter who has not smoked a tobacco product in the 10 years immediately before the date of the diagnosis. (4) Notwithstanding subsection (1), the presumption for primary site colorectal cancer does not apply to a firefighter or volunteer firefighter who is diagnosed with primary site colorectal cancer after the age of 61. (5) An employer shall provide the information prescribed in the regulations to the commission in relation to a firefighter or volunteer firefighter who is diagnosed with a listed disease. 2022 cW-11.1 s109 Back to Top Health care 110. (1) There is no entitlement to health care under this Part in respect of a firefighter or volunteer firefighter diagnosed with a listed disease where the health care is a service insured under the Medical Care and Hospital Insurance Act , the Hospital Insurance Regulations and the Medical Care Insurance Insured Services Regulations. (2) Nothing in subsection (1) affects the commission's authority under this Act to request information, records and reports and to provide payment for them as authorized by this Act. 2022 cW-11.1 s110 Back to Top Application 111. The presumption in section 109 applies to (a) a firefighter who is diagnosed with a listed disease referred to in subparagraphs 108(e)(i) to (xi) on or after December 14, 2015; (b) a volunteer firefighter who is diagnosed with a listed disease referred to in subparagraphs 108(e)(i) to (xi) on or after January 1, 2017; (c) a firefighter or volunteer firefighter who is diagnosed with a listed disease referred to in subparagraphs 108(e)(xii) to (xix) on or after December 18, 2019; and (d) a firefighter or volunteer firefighter who is diagnosed with a listed disease referred to in subparagraph 108(e)(xx) on or after November 30, 2022. 2022 cW-11.1 s111 PART X PRESUMPTION RESPECTING POST-TRAUMATIC STRESS DISORDER Back to Top Post-traumatic stress disorder presumption 112. (1) In this Part, (a) "post-traumatic stress disorder" means post-traumatic stress disorder as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; (b) "psychiatrist" means a medical practitioner who (i) has completed a residency in psychiatry, (ii) has been certified by the Royal College of Physicians and Surgeons of Canada, (iii) is registered with the licensing board in the jurisdiction in which the medical practitioner practices, and (iv) whose registration is not suspended, cancelled or withdrawn; and (c) "registered psychologist" means a person who (i) holds a master's or doctorate degree in psychology, (ii) is registered with the licensing board in the jurisdiction in which the person practices, and (iii) whose registration is not suspended, cancelled or withdrawn. (2) Where a worker (a) is exposed to a traumatic event or events in the course of the worker's employment; and (b) is diagnosed with post-traumatic stress disorder by a psychiatrist or a registered psychologist, the pos t-traumatic stress disorder shall be presumed, unless the contrary is shown, to be an injury that arose out of and in the course of the worker's employment. (3) Notwithstanding subsection (2), post-traumatic stress disorder that may be the result of an employer's decision or action relating to the employment of a worker including a decision to change the work to be performed or the working conditions, to discipline the worker or to terminate the worker's employment does not constitute an injury. 2022 cW-11.1 s112 Back to Top Application 113. The presumption in section 112 applies to injuries occurring on or after July 1, 2019. 2022 cW-11.1 s113 PART XI INJURY FUND AND ASSESSMENTS Back to Top Injury fund 114. (1) The injury fund is continued. (2) Compensation, health care, administrative expenses and all other expenses under this Act and the regulations shall be paid out of the injury fund. 2022 cW-11.1 s114 Back to Top Classes of industry 115. (1) For the purpose of maintaining the injury fund the commission may (a) divide all industries into classes; (b) rearrange the classes of industries provided for in paragraph (a); and (c) tr ansfer an industry to another class. (2) The commission shall assign an industry to its appropriate class and, where an industry includes several activities assignable to different classes, the commission may assign the industry to the class of its principal activity or may divide the industry into 2 or more parts, assigning each to its proper class. 2022 cW-11.1 s115 Back to Top Subclasses 116. (1) The commission may establish different subclassifications and different rates among different kinds of industry in the same class or subclass that it considers appropriate. (2) The assessment upon employers in a class or subclass are not required to be uniform and may be based on the hazard of each or of any of the industries included in the class or subclass. 2022 cW-11.1 s116 Back to Top Assessment or rate modification 117. (1) Where the commission considers it appropriate, it may establish a program of assessment or rate modification to consider (a) an employer's record, risk, cost or injury experience; (b) an employer's compliance with (i) this Act and the regulations, and (ii) policies and programs established under section 7; and (c) an employer's compliance with requirements that may be set by the commission in relation to (i) provisions respecting health and safety committees, worker health and safety representatives and training for those committees and representatives in the Occupational Health and Safety Act or a regulation made under that Act, (ii) provisions respecting health and safety programs and policies in the Occupational Health and Safety Act or a regulation made under that Act, and (iii) the provisions of Part II of the Canada Labour Code and the regulations made under that Part, where the employer is bound by Part II of the Canada Labour Code. (2) A program established under subsection (1) may apply to all industries or may be restricted in application, or may apply in a different manner to an industry specified by the commission. (3) Notwithstanding subsection (2), where the commission is of the opinion that it would be appropriate to apply a program established under subsection (1) to an industry in a different manner, the commission shall seek the approval of the Lieutenant-Governor in Council to consult with the industry concerning the application by the commission of the program to the industry in a different manner. (4) Where the Lieutenant-Governor in Council approves a consultation under subsection (3), and where, following the consultation, the commission proposes to apply a program established under subsection (1) to the industry with which it has consulted in a different manner, the application shall be subject to the approval of the Lieutenant-Governor in Council, but the Lieutenant-Governor in Council's approval shall only be given where the application to the industry would result in the setting or adopting of requirements by the commission equivalent to or greater than those contained in a program established under subsection (1). (5) A program established under subsection (1) may (a) provide for an increase or decrease to an employer's assessment or rate; (b) grant a refund or credit to an employer; or (c) levy a surcharge on an employer. 2022 cW-11.1 s117 Back to Top Assessment rated on payroll 118. (1) T he commission shall every year assess and levy upon and collect from the employers in each class by an assessment rated upon the payroll, or otherwise as the commission considers appropriate, sufficient funds to meet claims payable during the year. (2) The minimum amount of an assessment may be prescribed by regulation. 2022 cW-11.1 s118 Back to Top Manner of assessment 119. (1) Assessments may be made in the manner and form and at those times and by the procedure that the commission considers adequate and expedient and may be general as applicable to a class or subclass or special as applicable to an industry or part of an industry. (2) The commission shall, in a manner that the commission considers appropriate, give notice to each employer of (a) the rate of the assessment applicable to the employer's industry; and (b) the time when the assessments are due. (3) Assessments may, where the commission considers it expedient, be collected in half-yearly, quarterly or monthly instalments or otherwise, and where it appears that the funds in a class are sufficient the commission may reduce an instalment or defer its collection. 2022 cW-11.1 s119 Back to Top Employer to pay assessments 120. (1) An employer shall pay into the injury fund those assessments that may be levied by the commission and where an assessment or a part of an assessment is not paid in accordance with the terms of the levy the commission has a right of action against the employer in respect of an amount unpaid, together with costs of the action. (2) Notwithstanding a provision respecting estimates of payrolls and notice to employers, an employer, without demand from the commission, shall pay to the commission the full amount of assessments levied in accordance with this Act. 2022 cW-11.1 s120 Back to Top When assessments due 121. (1) Liability of an employer for an assessment under this Act is due on January 1 in each year in relation to workers employed at that time. (2) Where a worker for whom an assessment is payable is employed in a year after January 1 the liability of the employer for the assessment is due on the date the worker is employed. (3) Priority of the commission in respect of an assessment is considered to vest in the commission on the day the assessment becomes due to the commission, notwithstanding that a notice of assessment has not been issued by the commission. 2022 cW-11.1 s121 Back to Top Account status requests 122. (1) Where a person requests information respecting the account status of an employer, the commission may disclose the account status by electronic means. (2) The commission may charge a fee for the provision of account status requested under subsection (1) and may establish different fees or waive fees for different categories of persons requesting information under that subsection. (3) A request under subsection (1) shall be accompanied by the information required by the commission to identify the transaction concerning which the request is being made. (4) Where a request is made by legal counsel, the commission shall provide the requested account status to the legal counsel not more than 21 days after the commission receives the request. (5) Where the commission does not provide the account status to the legal counsel who requested it within 21 days of receiving the request and a transaction for which that request was made is completed after that 21 day period but before the commission provides the account status, (a) the assets included in that transaction shall be considered to be free and clear of a lien imposed under this Act; and (b) a security interest included in that transaction shall have priority over a lien imposed under this Act. (6) An account status provided by the commission to a legal counsel under this section shall only be valid for 45 days after that account status has been provided to the legal counsel who made the request. 2022 cW-11.1 s122 Back to Top Information may be required 123. (1) An employer shall on becoming an employer, or where required by the commission, provide to the commission (a) a statement showing an estimate of the amount of the payroll; and (b) other information that may be prescribed in the regulations for the purpose of assigning the industry carried on by the employer to the proper class and of making the assessment in relation to the class. (2) An employer shall at the time and in the form that may be required by the commission (a) provide a certified statement of payroll, including a calculation of the difference between the prior year's estimated payroll and the actual payroll; (b) provide the commission with an estimate of payroll for the coming year; (c) remit to the commission money calculated to be owing for the prior year and the amount estimated to be owing for the next year; and (d) provide the commission with the financial statements or other information that the commission considers necessary to determine the employer's assessment. (3) An employer shall keep in the form and with the detail that may be required for the purpose of this Act careful and accurate records of earnings paid to employees and those records shall be produced, on request, to the commission. (4) Where the business of the employer includes more than one class of industry, the commission may require separate statements to be made in relation to each class and the statements shall be provided in accordance with subsection (1) or (2). (5) Where an employer does not provide to the commission the statements or records referred to in subsections (1), (2) and (3) within the time period prescribed in the regulations, the commission may base an assessment or supplementary assessment made upon the employer on an amount that, in its opinion, is the probable amount of the payroll of the employer and the employer is bound by the assessment. (6) Where it is determined that the amount referred to in subsection (5) is less than the actual amount of the payroll, the employer is liable to pay to the commission the difference between the amount for which the employer was assessed and the amount for which the employer would have been assessed on the basis of payroll. (7) A person shall, where required, report whether the person has employed workers during a period that the commission designates, and where the person has employed workers the person shall report the nature of the industry in which they were employed and provide other information that the commission may require. 2022 cW-11.1 s123 Back to Top Calculation of payroll 124. In calculating and adjusting the amount of payroll of an employer, the commission shall base the employer's assessment on only that portion of the payroll that is paid to the worker that is equal to or less than the maximum compensable assessable earnings. 2022 cW-11.1 s124 Back to Top No deduction from earnings 125. An employer shall not, either directly or indirectly, (a) ded uct from a worker's earnings a part of a sum which the employer is or may become liable to pay into the injury fund or otherwise under this Act; or (b) r equire or permit the workers to contribute in a manner towards indemnifying the employer against liability which the employer may incur under this Act. 2022 cW-11.1 s125 Back to Top Commission may estimate 126. (1) Where an employee of a corporation is a shareholder in the corporation and is remunerated in whole or in part for the employee's services with a share of profits and the employer does not report to the commission what the commission considers to be a reasonable amount for the earnings of the employee, the commission may make an addition to the actual payroll of the employer that it considers reasonable to represent the earnings of the employee. (2) Where an employer is a contractor and subcontracts the whole or a part of the work to a subcontractor, the commission may assess the employer on the labour portion of the contracts, as determined by the commission. 2022 cW-11.1 s126 Back to Top Credit balance due employer 127. Money owing to an employer by the commission as a result of an overestimation of the employer's payroll or as a result of the prior year's estimated payroll exceeding the actual payroll shall, at the discretion of the commission, be refunded to the employer or credited on behalf of the employer in respect of the subsequent assessment. 2022 cW-11.1 s127 Back to Top Charges to other classes 128. (1) Where it appears to the satisfaction of the commission that a worker of an employer in a class is injured or killed owing to the negligence of an employer or of a worker of an employer in another class, the commission may direct that all or a portion of the cost of the claim in that case be charged against the last-mentioned class. (2) Where the commission has adopted a program of assessment or rate modification under section 117 for classes of industry, and it appears to the satisfaction of the commission that a worker has been injured or killed owing to the negligence of another employer or a worker of another employer, the commission may direct that the costs of the claim be included in the experience account of that employer and, where the employers are in different classes, charged to the class in which that employer is included in the same manner as if those costs had been spent in respect of a worker of that employer. (3) Where it appears to the satisfaction of the commission that the injury to or death of the worker is due to the negligence of 2 or more persons, one of whom may be the worker, the commission may direct (a) that the costs of the claim be included and charged in the experience accounts and classes of the employers who, or whose workers, were negligent in proportion to the degree of negligence of each person involved; or (b) where the commission is of the opinion that it cannot establish different degrees of negligence, that the costs of the claim be included and charged in the same manner in the experience accounts and classes of the employers involved in equal proportions. (4) Subsections (1) to (3) do not affect a right of action or indemnity an employer may have against another employer arising out of a contract or agreement made between the employers. 2022 cW-11.1 s128 Back to Top Cost of medical investigations 129. T he cost of investigations conducted by a medical committee under section 107 shall be paid out of the injury fund, (a) as a charge on the industries allocated under this Act to the same class as that of the employer of the worker, where the claim is accepted; and (b) as part of the administrative expenses of the commission, where the claim is denied. 2022 cW-11.1 s129 Back to Top Where assessment insufficient 130. Where in a class the estimated assessments prove insufficient, the commission may (a) ma ke further assessments that may be necessary; or (b) tem porarily advance the amount of a deficiency out of a reserve and add that amount to a later assessment. 2022 cW-11.1 s130 Back to Top Arrangement with other provinces 131. T he commission may make or carry out arrangements with the Workers' Compensation Board of another province or territory to avoid duplication of assessment on the earnings of workers protected at the same time under the laws of 2 or more provinces or territories relating to workers' compensation and may make an adjustment in assessments by the employers of the workers that the commission considers equitable and may repay another Workers' Compensation Board for payment of compensation made by it under those arrangements. 2022 cW-11.1 s131 Back to Top Arrangement with self-insurers 132. (1) The commission may enter into agreements with those self-insurers that the commission determines. (2) An agreement under subsection (1) may (a) provide that the provisions of this Act respecting assessments do not apply to the self-insurers; and (b) include the terms and conditions that may be agreed to with respect to payments by the commission in relation to workers of self-insurers. 2022 cW-11.1 s132 Back to Top Where industry temporary 133. (1) Where an employer engages in an industry and the commission is of the opinion that the industry is to be carried on only temporarily, the commission may require the employer to pay or give security to the commission for the payment of an amount which in the opinion of the commission may be sufficient to pay assessments that the commission may make with respect to that industry. (2) Payment of an amount referred to in subsection (1) may be enforced in accordance with section 140. 2022 cW-11.1 s133 Back to Top Former employers 134. Where a person has ceased to be an employer, the person (a) has no rights in the injury fund; and (b) s hall be considered to have released and discharged the commission from actions and claims arising or proceedings taken, afterwards, in respect of the injury fund. 2022 cW-11.1 s134 Back to Top Change of ownership 135. (1) Where the business or undertaking, or a part of the business or undertaking, of an employer in relation to which an assessment is unpaid (a) is sold, leased, transferred or disposed of; (b) has changed ownership or reincorporated, or restructured in another way; or (c) has been dealt with in another manner which, in the opinion of the commission, is intended to avoid obligations under this Act, the commission may determine that a person is the successor of the employer and levy and collect from the person the amount of an assessment unpaid by the employer at the time of an event referred to in paragraph (a), (b) or (c). (2) An amount required to be paid under subsection (1) may be collected by the commission in the same manner as an assessment may be collected under this Act and section 146 applies in respect to that amount. 2022 cW-11.1 s135 Back to Top Effect of refusal 136. (1) An employer who refuses or neglects to (a) make or transmit a payroll return or other statement required under section 123; (b) p ay an assessment, special or supplementary assessment, or the provisional amount of an assessment, or an instalment or part of the assessment; or (c) r eport to the commission an estimate of payroll, shall in addition to a penalty or other liability to which the employer may be subject, pay to the commission the amounts and costs referred to in subsection (2). (2) F or the purposes of subsection (1), an employer may be subject to pay to the commission (a) the full amount and capitalized value, as determined by the commission of the compensation payable in respect of injuries to workers employed by the employer which happened during the period of the employer's default; (b) health care costs payable in respect of those injuries; and (c) costs relating to the rehabilitation of workers injured while employed by the employer during the period of the employer's default. (3) The payment of an amount under subsection (2) may be enforced in the same manner as the payment of an assessment may be enforced, but the amount payable under subsection (2) shall not exceed an amount which the commission considers reasonable under the circumstances . (4) The commission, where satisfied that a default referred to in subsection (1) was excusable, may relieve the employer in whole or in part of liability under this section. 2022 cW-11.1 s136 Back to Top Accounts within fund 137. The commission shall maintain separate accounts of the amounts collected and spent in respect of a class and of a fund set aside by way of reserve, but for the purpose of paying compensation, health care and other expenses, the injury fund is nevertheless considered one and indivisible. 2022 cW-11.1 s137 Back to Top Reserves within fund 138. (1) The commission may, in addition to the amount actually required in each class for the year, assess and collect from the employers in a class surcharges to be set aside as reserves in a special fund to be used for one or more of the following purposes: (a) to meet an increase in the capitalization of periodical compensation payments payable in future years, or a portion of the compensation payments, where, in the opinion of the commission, an increase cannot otherwise be provided without placing an undue burden on the employers in a class; (b) to meet the part of the cost of claims of workers suffering enhanced disabilities, because of similar or other disabilities previously suffered, that in the opinion of the commission is the result of the previous disabilities, and to meet the cost of subsequent injuries resulting while a worker is participating in a rehabilitation program; (c) to meet the loss arising from a disaster or other circumstances which in the opinion of the commission would unfairly burden the employers in a class; and (d) subject to the approval of the Lieutenant-Governor in Council, to meet the costs of particular needs of the commission that it considers necessary. (2) The commission may, in respect of an industry or class where it is considered expedient, assess and collect in each year a sufficient amount to provide capitalized reserves which are considered sufficient to meet the periodical payments accruing in future years in respect of injuries during each year. (3) Where classes are rearranged in accordance with section 115, the commission may make the adjustment and disposition of the funds, reserves and accounts of the classes affected that it considers appropriate. 2022 cW-11.1 s138 Back to Top Payments in arrears 139. An employer who does not pay an assessment or a special assessment when it is due shall pay as a penalty for default the percentage prescribed in the regulations upon the amount unpaid, and the percentage may be added to the amount of the assessment and payment enforced under section 140. 2022 cW-11.1 s139 Back to Top Where default 140. (1) Where default is made in the payment of an assessment or special assessment or a part of it, the commission may issue a certificate stating that the assessment was made, the amount remaining unpaid on account of it and the person by whom it was payable and the certificate or a copy of it certified by the secretary or chief executive officer of the commission to be a true copy may be filed with the Supreme Court or with the Provincial Court and when filed shall become an order of the Supreme Court or the Provincial Court and may be enforced as a judgment of the Supreme Court or the Provincial Court against that person for the amount mentioned in the certificate. (2) Where an employer defaults in the payment of an assessment and an execution issued upon a judgment entered with respect to the assessment is returned by the sheriff or the sheriff's deputy unsatisfied, in whole or in part and the employer continues to carry on an industry in which workers are employed, a judge of the Supreme Court, upon an application made on behalf of the commission by chambers summons, without the issue of a writ or the beginning of an action, may restrain the employer from carrying on an industry until the amount due on the execution and assessments made by the commission and the costs of the application are paid. 2022 cW-11.1 s140 Back to Top Director's liability 141. (1) Where a corporation defaults in the payment of an assessment, or an amount levied under section 135, or a part of it, the directors, at the time the corporation defaults, are jointly and individually liable, together with the corporation to pay the amount. (2) A director is liable under subsection (1) where, (a) a certificate for the amount of the corporation's liability referred to in that subsection has been filed under section 140 and execution for that amount has been returned unsatisfied in whole or in part; (b) the corporation has begun liquidation or dissolution proceedings or has been dissolved and the amount of the corporation's liability referred to in subsection (1) has not been paid within 6 months after a notice of intent to dissolve is filed under section 337 of the Corporations Act after the commencement of liquidation or dissolution proceedings; or (c) the corporation has made an assignment or a receiving order has been made against it under the Bankruptcy and Insolvency Act (Canada) and a claim for the amount of the corporation's liability referred to in subsection (1) has not been paid within 6 months after the date of the assignment or receiving order . (3) A director is not liable for an amount payable under subsection (1) unless the claim against the director is made not later than 4 years after the director ceased to be a director of the corporation. (4) The liability of a director under subsection (1) is for the total amount owing by the corporation and is not reduced by a proposal respecting or restructuring of or discharge of the liability of the corporation under the Bankruptcy and Insolvency Act (Canada) or other legislation. (5) Where a director pays an amount in respect of a corporation's liability referred to in subsection (1) in liquidation, dissolution or bankruptcy proceedings, the director is entitled to the same priority as the commission would have been entitled to had the amount not been paid, subject to the commission's liability being satisfied, and, where a certificate that relates to the amount has been registered, the director is entitled to an assignment of the certificate to the extent of the director's payment, and the commission is empowered to make that assignment. (6) A director who satisfies a claim under this section is entitled to contribution from the other directors who were liable for the claim. (7) Subsection 140(1) applies, with the necessary changes, where a director fails to pay an amount for which the director is liable under this section. 2022 cW-11.1 s141 Back to Top Amount in default 142. An amount certified as being in default by a person under section 140 is until paid a first lien upon the entire assets of the person and has priority over all other claims except a claim for unpaid wages under the Labour Standards Act a nd a mechanics lien registered under the Mechanics' Lien Act. 2022 cW-11.1 s142 Back to Top Commission may withhold money 143. Where the commission owes money to an employer who has defaulted on payment of an assessment, the commission may withhold as much money owed to the employer as is owing by the employer on payment of the assessment, and the money withheld by the commission shall be considered as full or partial payment by the employer for the assessment payment. 2022 cW-11.1 s143 Back to Top Assessment where work contracted 144. (1) Where work is undertaken for a principal by a contractor, both the principal and contractor are liable for the amount of an assessment in respect of the work and the assessment may be levied upon and collected from either of them, or partly from one and partly from the other, but in the absence of a term in the contract to the contrary the contractor is primarily liable for the amount of the assessment. (2) Where work is performed under a subcontract, the principal, the contractor and the subcontractor are liable for the amount of assessment in respect of the work, and the assessment may be levied upon and collected from any or all of them, but in the absence of a term in the subcontract to the contrary the subcontractor is primarily liable for the amount of the assessment. (3) The commission may consider (a) a contractor or subcontractor who has not been assessed with respect to the work carried on as contractor or subcontractor, or a worker of the contractor or subcontractor to be a worker of the principal; and (b) a worker of a subcontractor to be a worker of the contractor with respect to an industry. (4) Notwithstanding subsections (1) and (2), in the absence of a term in the contract or subcontract to the contrary, (a) t he principal is entitled to recover from the contractor the amount or proportionate part of an assessment paid by the principal with respect to the contractor or the contractor's workers or with respect to the subcontractor or the subcontractor's workers; and (b) t he contractor is entitled to recover from the subcontractor the amount or proportionate part of an assessment paid by the contractor with respect to the subcontractor or the subcontractor's workers. (5) Where a principal is liable for an assessment with respect to work carried on by a contractor, (a) the principal is entitled to withhold from money payable to the contractor an amount which the commission may estimate as the probable amount for which the principal is or may become liable; and (b) in an action that the contractor may bring against the principal the principal has the right to set off the amount against the contractor and the contractor is not entitled to recover from the principal a portion of the amount, but after the final adjustment by the commission of the amount due with respect to the work carried on by the contractor, the contractor is entitled to an amount still remaining in the hands of the principal after payment of the amount due the commission. (6) As between a contractor and subcontractor the contractor is for the purpose of this section considered a principal and the subcontractor a contractor. (7) A principal shall provide to the commission the information prescribed in the regulations in the form, manner and time period prescribed in the regulations. (8) In this section, "principal" means the person for whom work is undertaken. 2022 cW-11.1 s144 Back to Top Mechanics' Lien Act 145.

In the case of work or service performed by an employer in an industry for which the employer would be entitled to a lien under the Mechanics' Lien Act, the owner of the property where the work or service is being performed shall ensure that an amount which the employer is liable to contribute to the injury fund is paid, and where the owner fails to do so the owner is personally liable to pay it to the commission and the commission has the same powers and is entitled to the same remedies for enforcing payment as it possesses or is entitled to in respect of an assessment. 2022 cW-11.1 s145 Back to Top Assessment as lien 146. (1) There shall be included among the debts which under the Corporations Act or the Trustee Act are in the distribution of the property in the case of an assignment or death or in the distribution of the assets of a company being wound up under either of those Acts to be paid in priority to other debts the amount of an assessment the liability for which accrued before the date of the assignment or death or before the date of the beginning of the winding-up and those Acts have effect accordingly. (2) Subject to municipal taxes and a lien with respect to wages under the Mechanics' Lien Act , the amount of an assessment or a judgment entered in relation to an assessment is a first lien upon (a) all property, real and personal, of the person to whom the assessment is charged, whether or not that property is used in or in connection with or produced by or in the industry in respect to which the employer is assessed; and (b) all property used in or in connection with or produced in or by the industry for which the employer has been assessed that is owned by another person. (3) In subsection (2) the words "amount of an assessment" include a percentage payable under section 139. 2022 cW-11.1 s146 PART XII GENERAL Back to Top Offence 147. (1) A person who (a) knowingly makes a false statement that affects or may affect the initial or continuing entitlement of a person to compensation or the liability of an employer to pay an assessment; (b) wilfully fails to inform the commission of a change in circumstances that affects or may affect the entitlement of that person to compensation or the liability of that person to pay an assessment, within 10 days of the change; or (c) otherwise contravenes this Act or the regulations, is g uilty of an offence and liable on summary conviction to a fine not exceeding $25,000 or to imprisonment for a term of not more than 6 months, or to both. (2) Where a person is convicted of an offence under this section, the court may, in addition to the fine and a penalty imposed under this Act and the regulations, order the person to repay to the commission money obtained or retained by that person as a result of the commission of the offence. (3) An order made under subsection (2) may be registered as a notice of judgment under the Judgment Enforcement Act . (4) Nothing in this section affects the right of the commission to obtain a civil remedy in respect of the offence, including proceedings under section 94. (5) Penalties imposed under the authority of this Act shall, when collected, be paid over to the commission and shall form part of the injury fund. 2022 cW-11.1 s147 Back to Top Statutory Review 148. (1) In this section "committee" means a committee appointed under this section. (2) The Lieutenant-Governor in Council shall in accordance with subsection (3) appoint committees of at least 3 members which shall review, consider, report and make recommendations to the Lieutenant-Governor in Council upon matters respecting this Act and the regulations and the administration of each as the committee considers appropriate and upon other matters which the Lieutenant-Governor in Council or the minister may refer to the committee. (3) The members of the committees shall be appointed as follows: (a) the first committee shall be appointed on or before June 10, 2026; (b) the second committee shall be appointed no later than 5 years after the date of the submission of the report of the first committee; and (c) each subsequent committee shall be appointed no later than 5 years after the date of the submission of the report of the previous committee. (4) The Lieutenant-Governor in Council shall, when appointing a committee, (a) designate one member of the committee to be the chairperson and another member to be the vice-chairperson of the committee; (b) fix the quorum for meetings of the committee; and (c) set the period within which or the time before which the committee shall report or make its recommendations to the Lieutenant-Governor in Council. (5) Each member of the committee shall be paid expenses which the member actually incurs in the performance of the member's duties as a member of the committee and which in the opinion of the minister are reasonable and each member, not being an employee of the government of the province, may be paid for the member's services the remuneration that the Lieutenant-Governor in Council fixes. (6) The minister shall provide the technical, clerical and other help that may reasonably be necessary to help the committee and fix the rates of remuneration which shall be paid for that help. (7) The commission shall, out of the injury fund, pay the expenses and remuneration of members of the committee provided for in subsection (5) and bear the cost of the technical, clerical and other help provided for in subsection (6). (8) The chairperson and, in the absence of the chairperson, the vice-chairperson of the committee have the powers which may be conferred upon a commissioner under sections 8 and 9 of the Public Inquiries Act, 2006 . 2022 cW-11.1 s148 Back to Top Lieutenant-Governor in Council regulations 149. (1) The Lieutenant-Governor in Council , may make regulations (a) excluding industries, employers and workers from the application of this Act; (b) respecting the application of this Act, in whole or in part, to the persons referred to in paragraphs 47(1)(a) to (i); (c) extending a limitation period for the purposes of subsection 61(2); (d) prescribing the minimum and maximum lump sum payments payable under paragraph 82(1)(b); (e) respecting the implementation of the recommendations in the Report of the Royal Commission Respecting Radiation, Compensation and Safety at the Fluorspar Mines, St. Lawrence, Newfoundland, 1969; (f) prescribing the minimum cumulative period of service for firefighters and volunteer firefighters for the purposes of paragraph 109(2)(a); (g) prescribing the information that an employer is required to provide to the commission in relation to a firefighter or volunteer firefighter who is diagnosed with a listed disease; (h) prescribing the penalty for default for the purposes of section 139; (i) prescribing penalties for the violation of this Act or of rules, regulations or orders made under the authority of this Act; (j) defining a word or expression used but not defined in this Act; and (k) generally to give effect to the purpose of this Act. (2) Regulations made under this section may be made with retroactive effect. 2022 cW-11.1 s149 Back to Top Commission regulations 150. (1) The commission, with the approval of the Lieutenant-Governor in Council may make regulations (a) prescribing the minimum amount of an expenditure of the commission under section 11 for which Lieutenant-Governor in Council approval is required; (b) excluding workers and employers from the application of this Act; (c) prescribing rules for the purpose of subsection 47(2); (d) providing that methods of calculating and levying assessments additional to or different from the methods otherwise provided under this Act may be used for levying assessments for the purpose of this Act on commercial buyers and other commercial recipients of fish, and on a person engaged within the province in transmitting payments to fishers for fish whether landed within the jurisdiction of the province or elsewhere; (e) creating obligations, different from the provisions of this Act, upon commercial buyers and commercial recipients of fish, and masters of fishing vessels, to report to the commission injuries and occupational diseases sustained by fishers, and to provide transportation for initial medical treatment; (f) excluding a portion of the fishing industry or a category of workers or employers in that industry to whom a provision of this Act would otherwise apply from the application of that provision, and to substitute provisions; (g) providing for the priority in relation to assessment on persons covered by section 47; (h) prescribing educational institutions for the purposes of subsection 49(1); (i) prescribing the amount of compensation that the commission may pay to a worker's surviving dependent spouse or cohabiting partner and children where the death of the worker results from an injury; (j) prescribing the maximum amount of expenses that the commission may pay for the burial of a worker whose death resulted from an injury; (k) prescribing the method of calculating the compensation under section 75 and the manner in which the compensation shall be paid; (k.1) respecting the payment of bereavement counselling for a worker's surviving dependent spouse or cohabiting partner and children; (l) prescribing the maximum compensable assessable earnings; (m) prescribing other things that an employer is required to do to co-operate in the early and safe return to work of a worker injured during employment; (n) prescribing other things that a worker is required to do to co-operate in the early and safe return to work; (o) prescribing occupational diseases and associated descriptions of processes; (p) respecting the admission of a volunteer members of a fire department or brigade; (q) prescribing the minimum amount of an assessment; (r) prescribing information that an employer is required to provide to the commission for the purposes of paragraph 123(1)(b); (s) prescribing the time period in which an employer is required to provide statements and records to the commission for the purposes of subsection 123(5); (t) prescribing the information a principal is required to provide to the commission and the form, manner and time period in which the information is to be provided; (u) respecting the conversion and integration of permanent disability benefits paid to a worker in respect of an injury which occurred before January 1, 1984 ; (v) defining a word or expression used but not defined in this Act; and (w) generally to give effect to the purpose of this Act. (2) Regulations made under this section may be made with retroactive effect. 2022 cW-11.1 s150 ; 2023 c20 s2 Back to Top Review board regulations 151. (1) The review board, with the approval of the Lieutenant-Governor in Council, may make regulations prescribing rules of procedure and evidence in relation to reviews of decisions. (2) Regulations made under this section may be made with retroactive effect. 2022 cW-11.1 s151 Back to Top Fees and forms 152. The commission may set fees and establish forms for the purposes and administration of this Act and the regulations. 2022 cW-11.1 s152 PART XIII CONSEQUENTIAL AMENDMENTS, REPEAL AND COMMENCEMENT Back to Top SNL2015 cA-1.2 Amdt. 153. Paragraph (t) in Schedule A of the Access to Information and Protection of Privacy Act, 2015 is repealed and the following substituted: (t) section 19 of the Workplace Health, Safety and Compensation Act, 2022 . 2022 cW-11.1 s153 Back to Top RSNL1990 cA-22 Amdt. 154. Subsection 26.5(2) of the Automobile Insurance Act is amended by deleting the reference " Workplace Health, Safety and Compensation Act " and substituting the reference " Workplace Health, Safety and Compensation Act, 2022 ". 2022 cW-11.1 s154 Back to Top RSNL1990 cC-2 Amdt. 155. Subparagraph 201.1(1)(m)(viii) of the Canada-Newfoundland and Labrador Atlantic Accord Implementation Newfoundland and Labrador Act is amended by deleting the reference " Workplace Health, Safety and Compensation Act " and substituting the reference " Workplace Health, Safety and Compensation Act, 2022 ". 2022 cW-11.1 s155 Back to Top RSNL1990 cE-10 Amdt. 156. Paragraph 10(1)(a) of the Employers' Liability Act is amended by deleting the reference " Workplace Health, Safety and Compensation Act " and substituting the reference " Workplace Health, Safety and Compensation Act, 2022 ". 2022 cW-11.1 s156 Back to Top SNL2007 cE11.01 Amdt. 157. Paragraph 16(b) of the Energy Corporation Act is amended by deleting the reference " Workplace Health, Safety and Compensation Act " and substituting the reference " Workplace Health, Safety and Compensation Act, 2022 ". 2022 cW-11.1 s157 Back to Top SNL2007 cH-17 Amdt. 158. Paragraph 18(b) of the Hydro Corporation Act, 2007 is amended by deleting the reference " Workplace Health, Safety and Compensation Act " and substituting the reference " Workplace Health, Safety and Compensation Act, 2022 ". 2022 cW-11.1 s158 Back to Top SNL2016 cI-2.1 Amdt. 159. The Schedule to the Independent Appointments Commission Act is amended by deleting the statutory appointment reference " Workplace Health, Safety and Compensation Act , subsection 4(1), paragraphs 4(2)(c) and (d), section 6 and subsections 22(1) and (2)" and substituting the statutory appointment reference " Workplace Health, Safety and Compensation Act, 2022, subsection 6(1), paragraphs 6(2)(c) and (d), section 8 and subsections 33(1) and (2)". 2022 cW-11.1 s159 Back to Top RSNL1990 cO-3 Amdt. 160. (1) Subsection 19(3) of the Occupational Health and Safety Act is amended by deleting the reference "Part I.1 of the Workplace Health, Safety and Compensation Act " and substituting the reference "Part II of the Workplace Health, Safety and Compensation Act, 2022 ". (2) Section 64 of the Act is amended by deleting the reference "section 20.4 of the Workplace Health, Safety and Compensation Act " and substituting the reference "section 29 of the Workplace Health, Safety and Compensation Act, 2022 ". 2022 cW-11.1 s160 Back to Top SNL2019 cO-6.1 Amdt. 161. Subsection 44(6) of the Oil and Gas Corporation Act is amended by deleting the reference " Workplace Health, Safety and Compensation Act " and substituting the reference " Workplace Health, Safety and Compensation Act, 2022 ". 2022 cW-11.1 s161 Back to Top RSNL1990 cP-26 Amdt. 162. Subsection 3(1) of the Proceedings Against the Crown Act is amended by deleting the reference " Workplace Health, Safety and Compensation Act " and substituting the reference " Workplace Health, Safety and Compensation Act, 2022 ". 2022 cW-11.1 s162 Back to Top RSNL1990 cP-42 Amdt. 163. Subparagraph 2(1)(i)(v) of the Public Service Collective Bargaining Act is repealed and the following substituted: (v) the Workplace Health, Safety and Compensation Commission referred to in the Workplace Health, Safety and Compensation Act, 2022 ; 2022 cW-11.1 s163 Back to Top RSNL1990 cS-32 Amdt. 164. Section 10 of the Survival of Actions Act is repealed and the following substituted: Workplace Health, Safety and Compensation Act, 2022 10. This Act is subject to section 52 of the Workplace Health, Safety and Compensation Act, 2022 ". 2022 cW-11.1 s164 Back to Top NLR 144/04 Amdt. 165 . Subparagraph 8(c)(i) of the Income and Employment Support Regulations under the Income and Employment Support Act is amended by deleting the reference " Workplace Health, Safety and Compensation Act " and substituting the reference " Workplace Health, Safety and Compensation Act, 2022 ". 2022 cW-11.1 s165 Back to Top CNLR 1010/96 Amdt. 166. Paragraph 3(f) of Schedule E of the Legal Aid Regulations under the Legal Aid Act is repealed and the following substituted: (f) compensation received under the Workplace Health, Safety and Compensation Act, 2022 ; 2022 cW-11.1 s166 Back to Top CNLR 1148/96 Amdt. 167. Subsection 3.1(3) of the Occupational Health and Safety First Aid Regulations under the Occupational Health and Safety Act is amended by deleting the reference "section 3 of the Workplace Health, Safety and Compensation Act " and substituting the reference "section 5 of the Workplace Health, Safety and Compensation Act, 2022 ". 2022 cW-11.1 s167 Back to Top NLR 5/12 Amdt. 168. (1) Paragraph 2(1)(g) of the Occupational Health and Safety Regulations, 2012 under the Occupational Health and Safety Act is amended by deleting the words "established under the Workplace Health, Safety and Compensation Act " and substituting the words "continued under the Workplace Health, Safety and Compensation Act, 2022 ". (2) Paragraph 2(1)(r) of the regulations is amended by deleting the words "section 90 of the Workplace Health, Safety and Compensation Act " and substituting the words "the Workplace Health, Safety and Compensation Act ". 2022 cW-11.1 s168 Back to Top RSNL1990 cW-11 Rep. 169. The Workplace Health, Safety and Compensation Act is repealed. 2022 cW-11.1 s169 Back to Top Commencement 170. This Act comes into force on September 1, 2023. 2022 cW-11.1 s170