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Workers Compensation Act - Excerpts and Summaries

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The Workers Compensation Act is amended from time to time. This web site includes amendments up to and including January 1, 2016.

Some key sections of the Act are provided on this Web site:

  • Sections with direct application to the workplace, including the rights and responsibilities of employers, workers, and other workplace parties, are provided verbatim and shown in normal text.
  • Sections that deal with administrative provisions, such as administrative practices and regulation-making authority of the Workers' Compensation Board, are summarized and enclosed in boxes. The summaries are provided as a convenient, plain-language reference. For details, always consult the complete copy of the Act.

The official, printed version of the Workers Compensation Act can be obtained from Crown Publications. The Queen's Printer also provides an unofficial electronic version of the Workers' Compensation Act. The Province of British Columbia holds copyright.

The Act is organized in four Parts. A number of provisions in Part 1 and all of Part 3 apply to occupational health and safety and are provided here either verbatim or summarized. Some sections in Part 4 apply to appeals of health and safety decisions.

The excerpts and summaries in this online version may meet the requirement for the Workers Compensation Act to be readily available to workers. See Guideline G-D3-115(2)(f) for further details.


Workers Compensation Act Contents

Definitions

PART 1 Compensation to Workers and Dependants

Part 1 Division 1, Sections 2 to 4 Scope of this Part
Part 1 Division 2, Sections 5 to 16 Compensation
Part 1 Division 3, Sections 17 to 35 Scale of Compensation
Part 1 Division 4, Sections 36 to 52 Accident Fund and Assessments
Part 1 Division 5, Sections 53 to 78 Procedure and Miscellaneous
Part 1 Division 6, Sections 80 to 100 Workers' Compensation Board

PART 2 Not included

PART 3 Occupational Health and Safety

Part 3 Division 1, Sections 106 to 110 Interpretation and Purposes
Part 3 Division 2, Sections 111 to 114 Board Mandate
Part 3 Division 3, Sections 115 to 124 General Duties of Employers, Workers and Others
Part 3 Division 4, Sections 125 to 140 Joint Committees and Worker Representatives
Part 3 Division 5 Not in effect
Part 3 Division 6, Sections 150 to 153 Prohibition Against Discriminatory Action
Part 3 Division 7, Sections 154 to 157 Information and Confidentiality
Part 3 Division 8, Sections 158 to 163 Miscellaneous Authority
Part 3 Division 9, Sections 164 to 171 Variance Orders
Part 3 Division 10, Sections 172 to 177 Accident Reporting and Investigation
Part 3 Division 11, Sections 178 to 186 Inspections, Investigations and Inquiries
Part 3 Division 12, Sections 186.1 to 198 Enforcement
Part 3 Division 13 Reviews [Repealed]
Part 3 Division 14 Appeals [Repealed]
Part 3 Division 15, Sections 213 to 220 Offences
Part 3 Division 16, Sections 221 to 223 General
Part 3 Division 17, Sections 224 to 230 Regulations

PART 4 Appeals

Part 4 Division 1, Sections 231 to 238 Appeal Tribunal
Part 4 Division 2, Sections 239 to 244 Appeal Rights
Part 4 Division 3, Sections 245 to 253 Appeal Procedure
Part 4 Division 4, Sections 254 to 260 General

Definitions

1 In this Act:

"accident" includes a wilful and intentional act, not being the act of the worker, and also includes a fortuitous event occasioned by a physical or natural cause;

"accident fund" means the fund provided for the payment of compensation, outlays and expenses referred to in section 36;

"appeal tribunal" means the Workers' Compensation Appeal Tribunal established under Part 4;

"average net earnings" means, with respect to a worker, the average net earnings of the worker as determined by the Board under sections 33.8 and 33.9;

"Board" means the Workers' Compensation Board;

"board of directors" means the board of directors appointed under section 81;

"chief review officer" means an officer of the Board who is appointed under section 96.2;

"compensation" includes health care;

"construction" includes reconstruction, repair, alteration and demolition;

"consumer price index" means the Consumer Price Index for Canada published by Statistics Canada under the Statistics Act (Canada);

"dependant" means a member of the family of a worker who was wholly or partly dependent on the worker's earnings at the time of the worker's death, or who but for the incapacity due to the accident would have been so dependent, and, except in section 17 (3) (a) to (h), (9) and (13), includes a spouse, parent or child who satisfies the Board that he or she had a reasonable expectation of pecuniary benefit from the continuation of the life of the deceased worker;

"employer" includes every person having in their service under a contract of hiring or apprenticeship, written or oral, express or implied, a person engaged in work in or about an industry;

"employment", when used in Part 1, means and refers to all or part of an establishment, undertaking, trade or business within the scope of that Part, and in the case of an industry not as a whole within the scope of Part 1 includes a department or part of that industry that would if carried on separately be within the scope of Part 1;

"health care", when used in Part 1, includes the things which the Board under this Act is empowered to provide for injured workers;

"industry" includes establishment, undertaking, work, trade and business;

"initial payment period" means the period starting on the date of a worker's injury and ending on the last day of the 10th week for which compensation is payable under this Act to the worker for a temporary disability resulting from that injury;

"invalid" means physically or mentally incapable of earning;

"invalid child" includes a child who, though not an invalid at the date of death of the worker, becomes an invalid before otherwise ceasing to be entitled to compensation;

"manufacturing" includes making, preparing, altering, repairing, renovating, servicing, dyeing, cleaning, ornamenting, printing, finishing, packing, packaging, assembling the parts of and adapting for use or sale any raw material, goods, article or commodity;

"member of family" means

(a) a spouse, parent, grandparent, stepparent, child, grandchild, stepchild, sibling or half sibling, and

(b) a person who stood in the place of a parent to the worker or to whom the worker stood in place of a parent, whether related to the worker by blood or not;

"metalliferous mining industry" includes the operations of milling and concentrating, but does not include any other operation for the reduction of minerals;

"occupational disease" means

(a) a disease mentioned in Schedule B,

(b) a disease the Board may designate or recognize by regulation of general application,

(c) a disease the Board may designate or recognize by order dealing with a specific case, and

(d) the disease referred to in section 6.1 (1.1) or (7) or a disease prescribed by regulation for the purposes of section 6.1 (2), but only in respect of a worker to whom the presumption in any of those provisions applies, unless the disease is otherwise described by this definition,

and "disease" includes disablement resulting from exposure to contamination;

"person" includes, for the purpose of section 10, his or her personal representative;

"physician" means a person authorized under an enactment to practise in British Columbia as a medical practitioner;

"president" means the president of the Board appointed under section 84.1;

"qualified practitioner" means a person authorized under an enactment to practise in British Columbia as a chiropractor, a dentist, a naturopathic physician or a podiatrist;

"reconsider" means to make a new decision in a matter previously decided where the new decision confirms, varies or cancels the previous decision or order;

"regulation", when used in Part 1 in relation to regulations of the Board, means rules and regulations made by the Board under that Part;

"retirement benefit" means the lump sum payable under section 23.3;

"review officer" means an officer of the Board who is appointed under section 96.2;

"specialist" means a physician residing and practising in the Province and listed by the Royal College of Physicians and Surgeons of Canada as having specialist qualifications;

"spouse" means a person who

(a) is married to another person, or

(b) has lived with another person in a marriage-like relationship for a period of at least

(i) 2 years, or

(ii) if the person has had a child with the other person, 1 year;

"surviving spouse" means a person who was a spouse of a worker when the worker died;

"worker" includes

(a) a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise;

(b) a person who is a learner, although not under a contract of service or apprenticeship, who becomes subject to the hazards of an industry within the scope of Part 1 for the purpose of undergoing training or probationary work specified or stipulated by the employer as a preliminary to employment;

(c) a member of a fire brigade or an ambulance driver or attendant working with or without remuneration, when serving

(i) a municipality, a regional district, an urban area, an improvement district, a board of school trustees, a francophone education authority as defined in the School Act, a library board or a parks board, or

(ii) a board or commission having the management or conduct of work or services on behalf of any of the bodies in subparagraph (i);

(d) in respect of the industry of mining, a person while the person is actually engaged in taking or attending a course of training or instruction in mine rescue work under the direction or with the written approval of an employer in whose employment the person is employed as a worker in that industry, or while, with the knowledge and consent of an employer in that industry, either express or implied, he or she is actually engaged in rescuing or protecting or attempting to rescue or protect life or property in the case of an explosion or accident which endangers either life or property in a mine, and this irrespective of whether during the time of his or her being so engaged the person is entitled to receive wages from the employer, or from any employer, or is performing the work or service as a volunteer;

(e) further, in respect of the industry of mining, a person while he or she is engaged as a member of the inspection committee, appointed or elected by the workers in the mine, to inspect the mine on behalf of the workers;

(f) an independent operator admitted by the Board under section 2 (2); and

(g) a person deemed by the Board to be a worker under section 3 (6).

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Part 1 Division 1 - Scope of this Part


Note:  This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act.

Sections 2-4 establish to which employers and workers Part 1 applies, with additional explanation provided for the fishing industry.

Part 1 Division 2 - Compensation


Note:  This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act.

Sections 5-16 establish how the Board is to apply the Act in providing compensation to workers and dependants.

The following section is particularly noteworthy:

Section 13 establishes that a worker may not enter into an agreement with his or her employer to waive any benefit to which the worker or the worker's dependants are entitled. Any such agreement is void.

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Part 1 Division 3 - Scale of Compensation


Note:  This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act.

Sections 17-35 establish the scale of compensation to be provided in the event of an injury or death, or in the event of disablement due to occupational disease.

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Part 1 Division 4 - Accident Fund and Assessments

36 Accident fund

(1) The Board must continue and maintain the accident fund for payment of the compensation, outlays and expenses under this Part and for payment of expenses incurred in administering Part 3 of this Act.

(2) The Board is solely responsible for the management of the accident fund and must manage it with a view to the best interests of the workers' compensation system.

37 Classification of industries

(1) The following classes are established for the purpose of assessment in order to maintain the accident fund:

Class 1: Primary resource

Class 2: Manufacturing

Class 3: Construction

Class 4: Transportation and warehousing

Class 5: Trade

Class 6: Public services

Class 7: General services

Class 8: Canadian Airlines International Ltd., Canadian Pacific Hotels Corporation, Canadian Pacific Railway Company, Cominco Ltd.

Class 9: The Burlington Northern and Santa Fe Railway Company

Class 10: Air Canada, Canadian National Railway Company, Via Rail Canada Inc.

Class 11: British Columbia Assessment Authority, British Columbia Emergency Health Services, British Columbia Ferry Corporation, British Columbia Railway Company, Government of British Columbia, Workers' Compensation Board of British Columbia.

(2) The Board may do one or more of the following:

(a) create new classes in addition to those referred to in subsection (1);

(b) divide classes into subclasses and divide subclasses into further subclasses;

(c) consolidate or rearrange any existing classes and subclasses;

(d) assign an employer, independent operator or industry to one or more classes or subclasses;

(e) withdraw from a class

(i) an employer, independent operator or industry,

(ii) a part of the class, or

(iii) a subclass or part of a subclass,

and transfer it to another class or subclass or form it into a separate class or subclass;

(f) withdraw from a subclass

(i) an employer, independent operator or industry,

(ii) a part of the subclass, or

(iii) another subclass or part of another subclass,

and transfer it to another class or subclass or form it into a separate class or subclass.

(3) If the Board exercises authority under subsection (2), it may make the adjustment and disposition of the funds, reserves and accounts of the classes and subclasses affected that the Board considers just and expedient.

(4) Without limiting subsection (2) or (3), for the purposes of transition in relation to the classes established by subsection (1) as enacted by section 31 of the Labour Statutes Amendment Act, 1999, the Board may

(a) assign or reassign employers, independent operators or industries to those classes as the Board considers advisable, and

(b) make the adjustment and disposition of the funds, reserves and accounts of the pre-existing classes that the Board considers advisable.

38 Employer to furnish estimate of payrolls

(1) Every employer must

(a) keep at all times at some place in the Province, the location of which the employer has given notice to the Board, complete and accurate particulars of the employer's payrolls;

(b) cause to be furnished to the Board

(i) when the employer becomes an employer within the scope of this Part; and,

(ii) at other times as required by a regulation of the Board of general application or an order of the Board limited to a specific employer,

an estimate of the probable amount of the payroll of each of the employer's industries within the scope of this Part, together with any further information required by the Board; and

(c) furnish certified copies of reports of the employer's payrolls, at or after the close of each calendar year and at the other times and in the manner required by the Board.

(2) Where the employer fails to comply with subsection (1), the employer is liable to pay and must pay as a penalty for the default a percentage of the assessment prescribed by the regulations or determined by the Board, and the Board may make its own estimate of the payrolls and may make its assessment and levy on that estimate, and the employer is bound by it.

(3) In computing the amount of the payroll for the purpose of assessment, regard must be had only to that portion of the payroll that represents workers and employment within the scope of this Part. Where the wages of a worker exceed the maximum wage for one year as fixed for the time being under section 33, a deduction may be made where practical in respect of the excess; and where the wages of a worker are shown to exceed the above maximum wage rate, the Board may make a deduction where practical in respect of the portion in excess of that rate; and where a worker within the scope of this Part works at a nominal wage or no wage, the amount of the worker's average earnings for purposes of this Part may be fixed by the Board.

(4) If an employer does not comply with subsection (1), or if a statement made in pursuance of its requirements is not true and accurate, the employer, for every failure to comply and for every such statement, commits an offence against this Part.

39 Assessment for accident fund

(1) For the purpose of creating and maintaining an adequate accident fund, the Board must every year assess and levy on and collect from independent operators and employers in each class, by assessment rated on the payroll, or by assessment rated on a unit of production, or in a manner the Board considers proper, sufficient funds, according to an estimate to be made by the Board to

(a) meet all amounts payable from the accident fund during the year;

(b) provide a reserve in aid of industries or classes which may become depleted or extinguished;

(c) provide in each year capitalized reserves sufficient to meet the periodical payments of compensation accruing in future years in respect of all injuries which occur during the year;

(d) provide a reserve to be used to meet the loss arising from a disaster or other circumstance which the Board considers would unfairly burden the employers in a class;

(e) provide and maintain a reserve for payment of that portion of the disability enhanced by reason of a pre-existing disease, condition or disability; and

(f) provide and maintain a reserve for payment of retirement benefits.

(2) Assessments may be made in the manner and form and by the procedure the Board considers adequate and expedient, and may be general as applicable to a class or subclass, or special as applicable to an industry or part or department of it.

(3) Assessments may, wherever it is considered expedient, be collected in half yearly, quarterly or monthly installments, or otherwise; and where it appears that the funds in a class are sufficient for the time being, an instalment may be abated or its collection deferred.

(4) If the Board thinks that there are not sufficient funds to provide the compensation or additional compensation required to be paid under this Part, it may levy and collect from employers within the scope of this Part sufficient funds for this purpose without regard to the date of injury or the period during which the employer carried on an industry under this Part; and the levy and collection may be made in the manner and at the times the Board considers equitable, and may be by way of addition to the usual assessment or by levy of special or additional assessment.

(5) If the estimated assessments in a class prove insufficient, the Board may make further assessments and levies as necessary, or the Board may temporarily advance the amount of a deficiency out of any reserve provided for that purpose and add that amount to any subsequent assessments.

(6) The Board must notify each employer of the amount of each assessment due in respect of the employer's industry and the time when it is payable. The notice may be sent by post to the employer, and is deemed to be given to the employer on the day the notice is mailed.

(7) If for any reason an employer liable to assessment is not assessed in any year, the employer is nevertheless liable to pay the Board the amount for which the employer should have been assessed, and payment of that amount may be enforced in the same manner as the payment of an assessment may be enforced.

(8) If it is found, on an estimate made by the Board, that more than sufficient funds have been provided for the purposes set out in subsection (1) (a), (b), (d) and (e), the excess may be transferred to the capitalized reserves.

(9) Where special circumstances, including legislative change, result in claims being made or liabilities being imposed on the accident fund in excess of what the Board considers should reasonably be funded by assessments levied during the current year, the Board must raise sufficient funds by assessments during that year to meet the estimated payments due within the year, but need not establish within the year reserves to meet future payments on those claims or liabilities, and the Board may establish those reserves by assessments levied over a period of years.

40 Assessment by notice

(1) Where the Board

(a) notifies an employer of assessment rates or percentages determined by the Board in respect of the industries in which the employer is engaged; and

(b) informs the employer of the manner in which the assessment is calculated, and the date it is payable,

the notice constitutes an assessment under section 39, and the employer must, within the time limited in the notice,

(c) make a return on the form provided or prescribed by the Board; and

(d) remit the amount of the assessment.

(2) Every employer who neglects or refuses to comply with subsection (1) is liable for the penalty prescribed by the regulations or determined by the Board, and that penalty is enforceable as an assessment under this Part.

Repealed 41 [Repealed 1993-34-7.]
42 Classification of rates

The Board must establish subclassifications, differentials and proportions in the rates as between the different kinds of employment in the same class as may be considered just; and where the Board thinks a particular industry or plant is shown to be so circumstanced or conducted that the hazard or cost of compensation differs from the average of the class or subclass to which the industry or plant is assigned, the Board must confer or impose on that industry or plant a special rate, differential or assessment to correspond with the relative hazard or cost of compensation of that industry or plant, and for that purpose may also adopt a system of experience rating.

43 Power to vary rates

The Board may, in a manner that it determines, vary the rates of assessment as between different employers or levy supplementary assessments according to the estimated exposure of workers to industrial noise, and it may do so whether or not hearing protection is worn.

44 Temporary industries

(1) Where an employer engages in any industry within the scope of this Part and has not been assessed in respect of it, the Board, if it considers that the industry is to be carried on only temporarily, may require the employer to pay or to give security for the payment to the Board of a sum sufficient to pay the assessment for which the employer would be liable if the industry had been in existence when the last preceding assessment was made.

(2) Every employer who makes default in complying with a requirement of the Board under subsection (1) commits an offence against this Part.

45 Collection of assessments by suit or summarily

(1) If an assessment or part of it is not paid in accordance with the terms of the assessment and levy, the Board has a right of action against the defaulting employer in respect of the amount unpaid, together with costs of the action.

(2) Where default is made in the payment of an assessment, or part of it, the Board may issue its certificate stating that the assessment was made, the amount remaining unpaid on account of it and the person by whom it was payable, and that certificate, or a copy of it certified by the secretary under the seal of the Board to be a true copy, may be filed with any district registrar of the Supreme Court, and when so filed becomes an order of that court and may be enforced as a judgment of the court against that person for the amount mentioned in the certificate.

46 Power to restrain industry if employer defaults

(1) The Supreme Court may make an order under subsection (2) if

(a) an employer defaults in the payment of an assessment,

(b) an execution, issued on a judgment entered with respect to the assessment, is returned with a certificate from a sheriff or the sheriff's deputy that he or she was unable wholly to satisfy the execution, and

(c) an industry, or an activity in an industry, within the scope of this Part is commenced or continues to be carried on by one or more of the following persons:

(i) the judgment debtor;

(ii) if the judgment debtor is a company, within the meaning of the Business Corporations Act, an individual who is a member of the board of directors of the judgment debtor as a result of having been elected or appointed to that position;

(iii) if the judgment debtor is a corporation other than a company, within the meaning of the Business Corporations Act, a person who is a member of the board of directors or other governing body of the judgment debtor, regardless of the title by which that person is designated;

(iv) the chair or any vice chair of the board of directors or other governing body of the judgment debtor, if that chair or vice chair performs the functions of the office on a full-time basis, regardless of the title by which that person is designated;

(v) the president of the judgment debtor, regardless of the title by which that person is designated;

(vi) any vice president in charge of a principal business unit of the judgment debtor, including sales, finance or production, regardless of the title by which that person is designated;

(vii) any officer of the judgment debtor, whether or not the officer is also a director of the judgment debtor, who performs a policy-making function in respect of the judgment debtor and who has the capacity to influence the direction of the judgment debtor, regardless of the title by which that person is designated;

(viii) a person who is not described in any of subparagraphs (ii) to (vii) of this paragraph but who performs the functions described in any of those subparagraphs, and who participates in the management of the judgment debtor, other than a person who

(A) participates in the management of the judgment debtor under the direction or control of a shareholder or a person described in any of subparagraphs (ii) to (vii),

(B) is a lawyer, accountant or other professional whose primary participation in the management of the judgment debtor is the provision of professional services to the judgment debtor,

(C) is, if the judgment debtor is bankrupt, a trustee in bankruptcy who participates in the management of the judgment debtor or exercises control over its property, rights and interests primarily for the purposes of the administration of the bankrupt's estate, or

(D) is a receiver, receiver manager or creditor who participates in the management of the judgment debtor or exercises control over any of its property, rights and interests primarily for the purposes of enforcing a debt obligation of the judgment debtor.

(2) In the circumstances described in subsection (1), the Supreme Court, on an application made on behalf of the Board, without the commencement of an action, may make an order restraining one or more persons described in subsection (1) (c) (i) to (viii) from carrying on an industry, or an activity in an industry, within the scope of this Part until the amount due on the execution, all the assessments made by the Board and the costs of the application are paid.

47 Penalty for default in payment or return

(1) If an assessment levied under this Part is not paid at the time when it becomes payable, the defaulting employer is liable to and must pay as a penalty for the default the percentage on the amount unpaid or the assessment for the preceding year, or the projected assessment for the current year, that may be prescribed by the regulations or determined by the Board, and the penalty may be added to the amount of the assessment and become a part of it, and where not added to the assessment must be enforced in the same manner as the payment of an assessment is enforced.

(2) An employer who refuses or neglects to make or transmit a payroll return or other statement required to be furnished by the employer under section 38 (1), or who refuses or neglects to pay an assessment, or the provisional amount of an assessment, or an instalment or part of it, must, in addition to any penalty or other liability to which the employer may be subject, pay the Board the full amount or capitalized value, as determined by the Board, of the compensation payable in respect of any injury or occupational disease to a worker in the employer's employ which happens during the period of that default, and the payment of the amount may be enforced in the same manner as the payment of an assessment may be enforced.

(3) The Board, if satisfied that the default was excusable, may in any case relieve the employer in whole or in part from liability under this section.

48 Class accounts

(1) Separate accounts must be maintained of the amounts collected and expended in respect of every class, reserve and special fund, but the accident fund is, for the purpose of paying compensation, one fund and indivisible.

(2) If a deficit occurs in a class or subclass, the Board may charge to that class or subclass interest on the amount of the deficit at a rate that will reimburse the accident fund for any loss sustained by reason of the deficit, and may apportion the amount of the interest received and credit it to the class or subclass or special fund from which money was advanced to meet the deficit.

49 Adjustment of assessments

(1) As soon as practicable in each year the amount of the assessment for the preceding calendar year must be adjusted on the estimated requirements of the class and on the correctly ascertained payroll of each industry, and the employer must promptly make up and pay to the Board any deficiency, or the Board must refund to the employer any surplus, or credit the surplus on the succeeding assessment as the case may require. Where the ascertained payroll exceeds the estimate of it on which the employer was assessed, or where the employer remits less than the amount of the assessment due to the Board, the Board may on the adjustment charge to that employer interest on the amount of the deficiency in the assessment at a rate that in its opinion will reimburse the accident fund for any loss sustained by reason of the deficiency, and the interest must be added to the amount of the deficiency and becomes a part of it.

(2) Where in an industry a change of ownership or employership has occurred, the Board may levy any part of the deficiency or the unpaid amount of the assessment on any of the successive owners or employers, or pay or credit to any one or more of the owners the surplus that the case requires, but as between or among the successive owners the assessments in respect of the employment are, in the absence of an agreement between the respective owners or employers determining the same, apportionable, as nearly as may be, in accordance with the proportions of the payrolls of the respective periods of ownership or employer-ship.

50 Collection from contractors

Where work within the scope of this Part is performed under contract for a municipal corporation, or for a board or commission having the management of any work or service operated for a municipal corporation, an assessment in respect of the work may be paid by the corporation, board or commission, as the case may be, and the amount of the assessment may be deducted from money due the contractor in respect of the work.

51 Contractor liability

(1) Where work within the scope of this Part is undertaken for a person by a contractor, both the contractor and the person for whom the work is undertaken are liable for the amount of any assessment in respect of it, and the assessment may be levied on and collected from either of them, or partly from each; but in the absence of a term in the contract to the contrary the contractor is, as between the contractor and the person for whom the work is performed, primarily liable for the amount of the assessment.

(2) Where work within the scope of this Part is performed under subcontract, both the contractor and the subcontractor are liable for the amount of the assessments in respect of the work; and the assessments may be levied on and collected from either, or partly from each; but in the absence of a term in the subcontract to the contrary the subcontractor is, as between the subcontractor and the contractor, primarily liable for the assessments.

(3) Where a contractor or subcontractor who is executing work in or for the purposes of an industry within the scope of this Part carried on by another person (in this subsection referred to as the "principal") is not assessed with respect to the work so executed, the workers of the contractor or subcontractor may, in the discretion of the Board, be deemed workers of the principal with respect to the industry so carried on by the principal.

(4) For the purposes of this section, a person, contractor, subcontractor or principal includes an employer within the scope of Part 1.

52 Priority as to amounts due Board

(1) Notwithstanding anything contained in any other Act, the amount due by an employer to the Board, or where an assignment has been made under subsection (4), its assignee, on an assessment made under this Act, or in respect of an amount which the employer is required to pay to the Board under this Act, or on a judgment for it, constitutes a lien in favour of the Board or its assignee payable in priority over all liens, charges or mortgages of every person, whenever created or to be created, with respect to the property or proceeds of property, real, personal or mixed, used in or in connection with or produced in or by the industry with respect to which the employer was assessed or the amount became payable, excepting liens for wages due to workers by their employer, and the lien for the amount due the Board or its assignee continues to be valid and in force with respect to each assessment until the expiration of 5 years from the end of the calendar year for which the assessment was levied.

(1.1) The exception in subsection (1) does not apply in respect of a lien for wages that is, by section 87 (5) of the Employment Standards Act, postponed to a mortgage or debenture.

(2) Where the employer is a corporation, the word "property" in subsection (1) includes the property of any director, manager or other principal of the corporation where the property is used in, or in connection with, the industry with respect to which the employer was assessed or the amount became payable, or was so used within the period in respect of which assessments are unpaid.

(3) Without limiting subsection (1), the Board may enforce its lien by proceedings under the Court Order Enforcement Act.

(4) The Board may assign its lien rights to a person, contractor or subcontractor who has fully discharged his or her liability for the amount of an assessment under section 51 by payment of it.

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Part 1 Division 5 - Procedure and Miscellaneous


Note:  This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act.

Sections 53-78 establish procedures for notifying the Board in the event of an injury, disabling occupational disease or death; the process for applying for compensation; the duties of physicians and practitioners; the requirements for workers to submit to a medical examination; and administrative processes such as undergoing audits, making annual reports and issuing orders.

The following sections are particularly noteworthy.

Section 53: Worker's notification of injury (summary)

A worker must report an injury or disabling occupational disease as soon as possible to the employer or the employer's representative. For an occupational disease, the employer to be informed is the one who last employed the worker in the type of work that can cause the disease. In case of death, the worker's dependant makes the report.

Representatives of the employer include:
- the superintendent,
- the first aid attendant,
- the supervisor, and
- the agent in charge of the work where the injury occurred.

The report must include:
- the name of the worker,
- the time and place of the occurrence, and
- a description, in ordinary language, of the disease or injury and its cause.

At the request of the employer, the worker, if fit to do so, must give the employer details of the injury or occupational disease on a form prescribed by the Board. The employer supplies the form to the worker. If a worker fails to provide the information required, the claim for compensation will not be allowed, unless the Board is satisfied that:
- the information, although imperfect in some respects, adequately describes the disease or injury and how it happened,
- the employer or the employer's representative had knowledge of it, or
- the employer has not been prejudiced, and the Board considers that the interests of justice require that the claim be allowed.

Employer's notification of injury (summary)
54

An employer must report every work-related injury to the Board. The report must be made within 3 days of the injury's occurrence.

An employer must report every disabling occupational disease, or claim for or allegation of an occupational disease, to the Board. The report must be made within 3 days of receiving the worker's report of the disease.

An employer must report every work-related death immediately to the Board and the Board's local representative. The report must be on the form prescribed by the Board and must state:
- the name and address of the worker,
- the time and place of the disease, injury, or death,
- the nature of the injury or alleged injury,
- the name and address of any physician or qualified practitioner who attended the worker, and
- any other details required by the Board or by regulation.

An employer who does not report to the Board is committing an offence, unless the employer has a good reason why the report could not be made and is excused by the Board.

The Board may make regulations to:
- define a category of minor injuries not required to be reported, and
- define or vary the time when the obligation to report starts.

If the Board does not receive a report within 7 days of an injury or death, or any other time prescribed by regulation, the Board may allow the claim on an interim basis and begin paying compensation. Any compensation paid, until 3 days after the Board receives the report, may be collected from the employer through an additional assessment. The additional assessment will be contributed to the accident fund. If the Board believes the delay in reporting was excusable, it may relieve the employer of all or part of the additional assessment.

Section 73: Levy from employer to cover amount of compensation (summary)

When a worker suffers injury, death, or disablement from occupational disease, the Board may collect the compensation payable from the employer if the Board considers that the injury, death, or disablement was due to:
- gross negligence of an employer,
- failure of an employer to adopt reasonable means to prevent injuries, deaths or occupational diseases,
- failure to comply with the orders or directions of the Board, or
- failure to comply with the regulations.

The additional assessment may be collected the same way an assessment is collected to a maximum of $54,988.67. Payment may be enforced the same way payment of an assessment is enforced.

Section 75: Orders (summary)

In addition to rules and regulations, the Board may issue any orders and directives it considers necessary to carry out its mandate under the Act. The Board may prescribe the form and use of payrolls, records, reports, certificates, declarations, and documents that may be needed, and may make regulations for those purposes.

Section 77: Liability of officers (summary)

Every person convicted of an offence under Part 1 of the Act may be fined up to $5,259.10, unless other punishment has been specified. The amount of the fine is adjusted periodically by regulation.

Section 78: Penalties (summary)

The penalties imposed under Part 1 are recoverable under the Offence Act or by an action brought by the Board in a court. The penalties are paid to the Board and deposited to the accident fund.

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Part 1 Division 6 - Workers' Compensation Board

79 Repealed

[Repealed 2002-66-8.]

80 Board

The Workers' Compensation Board is continued as a corporation.

81 Board of directors

(1) The board of directors of the Workers' Compensation Board consists of

(a) 9 voting directors appointed by the Lieutenant Governor in Council as follows:

(i) one director, representative of workers;

(ii) one director, representative of employers;

(iii) 2 directors, representative of the public interest;

(iv) one additional director, representative of the public interest, who is chair;

(v) one director who at the time of appointment is a professional providing health care or rehabilitation services to persons with disabilities;

(vi) one director who at the time of appointment is an actuary;

(vii) one director who is or was a professional in the area of law or law enforcement;

(viii) one director who is or was a professional in the area of occupational health and safety, and

(b) the president who is a non-voting director.

(c) [Repealed 2002-66-9.]

(2) The Lieutenant Governor in Council must, for an appointment

(a) under subsection (1) (a) (i), select a person from a list of at least 3 persons, each of whom is nominated by one or more organizations that represent workers or classes of workers,

(b) under subsection (1) (a) (ii), select a person from a list of at least 3 persons, each of whom is nominated by one or more organizations that represent employers or classes of employers,

(c) under subsection (1) (a) (v), select a person from a list of at least 3 persons, each of whom is nominated by one or more organizations that provide health care or rehabilitation services to persons with disabilities,

(d) under subsection (1) (a) (vi), select a person from a list of at least 3 persons, each of whom is nominated by one or more professional organizations for actuaries,

(e) under subsection (1) (a) (vii), select a person from a list of at least 3 persons, each of whom is nominated by one or more organizations for professionals in law or law enforcement, and

(f) under subsection (1) (a) (viii), select a person from a list of at least 3 persons, each of whom is nominated by one or more organizations that provide occupational health and safety services.

(3) Each director, other than the chair and president, holds office for a term of up to 3 years, as set by the Lieutenant Governor in Council.

(4) A director, other than the chair, must not be appointed under subsection (1) (a) for a continuous period of more than 6 years.

(5) The chair holds office for a term of up to 5 years, as set by the Lieutenant Governor in Council.

(6) The chair may not be appointed for a continuous period of more than 10 years.

(7) The chair may designate a director appointed under subsection (1) (a) (iii) to act in the chair's place during the chair's temporary absence, and while so acting the designated director has the power and authority of the chair.

(8) The Board must pay directors appointed under subsection (1) (a)

(a) remuneration in an amount determined by the Lieutenant Governor in Council, and

(b) reasonable travel and out of pocket expenses necessarily incurred in discharging their duties.

(9) A payment referred to in subsection (8) must be paid out of the accident fund.

(10) In this section, "law enforcement" means

(a) policing, including criminal intelligence operations,

(b) investigations that lead or could lead to a penalty or sanction being imposed, or

(c) proceedings that lead or could lead to a penalty or sanction being imposed.

82 Powers and duties of board of directors

(1) The board of directors must

(a) set and revise as necessary the policies of the board of directors, including policies respecting compensation, assessment, rehabilitation and occupational health and safety, and

(b) set and supervise the direction of the Board.

(2) Without restricting subsection (1), the board of directors is responsible for the following:

(a) subject to the Act, selecting the president and determining the president's functions;

(b) approving the operating and capital budgets of the Board;

(c) establishing policies and accounting systems to ensure adequate funding of the accident fund;

(d) approving major programs and expenditures of the Board;

(e) approving the investment of funds of the Board in accordance with the requirements imposed under this Act;

(f) planning for the future of the Board;

(g) subject to this Act, enacting bylaws and passing resolutions

(i) for the conduct of the business of the Board, and

(ii) for the functions of the board of directors,

including enacting bylaws respecting the manner in which the policies of the board of directors are to be published.

(3) The board of directors may

(a) establish committees and give directions to those committees,

(b) authorize the Board to acquire and dispose of land, and

(c) delegate in writing a power or duty of the board of directors to the president of the Board, or another officer of the Board, and may impose limitations or conditions on the delegate's exercise of a power or performance of a duty.

82.1 Service plans

(1) On or before April 30 of each year, the Board must provide the minister with a service plan that

(a) addresses the 3 year period starting on January 1 of that year, and

(b) does the following:

(i) sets out the Board's priorities;

(ii) identifies specific objectives and performance measures for the Board;

(iii) provides a fiscal forecast for the Board, including a statement of all material assumptions and policy decisions underlying the forecast;

(iv) compares actual results of the previous year with the expected results identified in the previous year's service plan;

(v) presents other information that the Board considers appropriate.

(2) The minister must promptly, with respect to the service plan referred to in subsection (1),

(a) lay the service plan before the Legislative Assembly, if the Legislative Assembly is in session, or

(b) file the service plan with the Clerk of the Legislative Assembly, if the Legislative Assembly is in not session.

83 Meetings

(1) The chair must preside at meetings of the board of directors.

(2) Meetings of the board of directors must be held at the call of the chair at any place in British Columbia that the chair determines.

(3) A majority of the voting directors in office constitutes a quorum at a meeting of the board of directors.

(4) A vacancy on the board of directors does not impair the right of the other directors to act.

83.1 Repealed

[Repealed 2002-56-29.]

84 Standard of care of the directors

(1) A director, when exercising the powers and performing the functions and duties as a member of the board of directors, must

(a) act honestly and in good faith,

(b) act with a view to the best interests and objectives of the workers' compensation system,

(c) exercise the care, diligence and skill that a reasonably prudent individual would exercise in comparable circumstances, and

(d) act in a financially responsible and accountable manner.

(2) This section is in addition to, and not in derogation of, any enactment or rule of law or equity relating to the duties or liabilities of members of the board of directors.

84.1 President

(1) The board of directors must appoint a person to be president of the Board.

(2) Subject to this Act, the board of directors may enter into a contract with the president providing for the remuneration of the president and setting out the terms and conditions of the president's appointment.

(3) The president must be paid out of the accident fund.

(4) The president is responsible to the board of directors and he or she

(a) must attend and participate as a non-voting director at meetings of the board of directors,

(b) must implement the policies of the board of directors with respect to the administration of the Board and the Act,

(c) is responsible for all functions related to staff, other than the staff appointed by and reporting directly to the board of directors, and

(d) must carry out other functions and duties assigned to the president by the board of directors.

(5) The president may delegate in writing any of the president's powers and duties to another officer of the Board or another person and may impose limitations or conditions on the delegate's exercise of a power or performance of a duty.

85–85.2

[Repealed 2002-66-12.]

86 Staff

(1) The Board may appoint the officers and other employees it considers necessary to carry out the business and operations of the Board and may establish their duties and determine their remuneration.

(2) Every person so appointed holds office during the pleasure of the Board, and his or her remuneration must be paid out of the accident fund.

(3) The Board may establish and maintain a fund, to be known as the superannuation fund, for the payment of superannuation allowances to its employees or of allowances on the disability or death of its employees, by contributions from the employees of the Board and from the accident fund, and may determine the amounts of superannuation or other allowances and the conditions on which they may be paid and the persons to whom they may be paid. The Board may use the superannuation fund to purchase superannuation allowances for its employees from the Crown in right of Canada, from the Crown in right of the Province or from an insurer. The costs of administering the superannuation fund are part of the cost of the administration of this Act.

(4) Notwithstanding any Act, the matters respecting the establishment and maintenance of the superannuation fund under subsection (3) or payment of superannuation allowances to employees or allowances on the disability or death of employees, including contributions to the fund by the Board and its employees and the amounts of superannuation or other allowances and the conditions on which and the persons to whom they may be paid, must not be the subject of a collective agreement between the Board and its employees.

(5) [Repealed 1999-44-112.]

(5.1) The Labour Relations Code does not apply to

(a) a person employed

(i) for the purposes of policy development or providing policy advice, and

(ii) in the policy and regulation development bureau of the Board, and

(b) a person employed

(i) for the purpose of investigating the conduct of persons working for the Board, and

(ii) as an investigator in the special investigations branch of the Board.

(6) and (7) [Repealed 2002-66-13.]

87 Witnesses

(1) The Board, has the like powers as the Supreme Court to compel the attendance of witnesses and examine them under oath, and to compel the production and inspection of books, papers, documents and things.

(2) The Board, may cause depositions of witnesses residing in or out of the Province to be taken before a person appointed by the Board in a similar manner to that prescribed by the Rules of the Supreme Court for the taking of like depositions in that court before a commissioner.

88 Inquiry

(1) The Board may act on the report of any of its officers, and any inquiry which it is considered necessary to make may be made by an officer of the Board or some other person appointed to make the inquiry, and the Board may act on his or her report as to the result of the inquiry.

(2) The officer and every other person appointed to make an inquiry has for the purposes of an inquiry under subsection (1) all the powers conferred on the Board by section 87.

(3) The Board, an officer of the Board or a person authorized by it for that purpose, may examine the books and accounts of every employer and make any other inquiry the Board considers necessary to ascertain whether a statement furnished to the Board under section 38 is an accurate statement of the matters which are required to be stated in it, or to ascertain the amount of the payroll of an employer, or to ascertain whether an industry or person is within the scope of this Part. For the purpose of the examination or inquiry, the Board or person authorized to make the examination or inquiry may give to the employer or the employer's agent notice in writing requiring the employer to bring or produce before the Board or person, at a place and time to be mentioned in the notice, which time must be at least 10 days after the giving of the notice, all documents, writings, books, deeds and papers in the possession, custody or power of the employer touching or in any way relating to or concerning the subject matter of the examination or inquiry referred to in the notice, and every employer and every agent of the employer named in and served with the notice must produce at the time and place required all documents, writings, books, deeds and papers according to the tenor of the notice.

(4) Every officer or person authorized by the Board to make examination or inquiry under this section may require and take affidavits, affirmations or declarations as to any matter of the examination or inquiry, and to take affidavits for the purposes of this Act, and in all those cases to administer oaths, affirmations and declarations and certify that they were made.

(5) An employer and every other person who obstructs or hinders the making of an examination or inquiry mentioned in subsection (3), or who refuses to permit it to be made, or who neglects or refuses to produce the documents, writings, books, deeds and papers at the place and time stated in the notice mentioned in subsection (3), commits an offence against this Part.

89–93
[Repealed 2002-66-16.]
94 Workers' advisers and employers' advisers

(1) In this section, "ministry" means the ministry of the minister.

(1.1) Workers' advisers, employers' advisers and other employees necessary to enable the workers' advisers and employers' advisers to perform their duties under subsections (2) and (3), respectively, may be appointed as employees of the ministry under the Public Service Act.

(1.2) The minister may request that the Board reimburse the government for all amounts paid by the government for the reasonable expenses properly incurred by the government in administering workers' and employers' advisers programs.

(1.3) On receiving a request under subsection (1.2), the Workers' Compensation Board must, out of the accident fund, pay the amount requested to the Minister of Finance.

(1.4) and (1.5) [Repealed 2008-12-29.]

(2) A workers' adviser must

(a) give assistance to a worker or to a dependant having a claim under this Act, except where the workers' adviser thinks the claim has no merit,

(b) on claims matters, communicate with or appear before the Board, and the appeal tribunal on behalf of a worker or dependant where the adviser considers assistance is required, and

(c) advise workers and dependants with regard to the interpretation and administration of this Act or any regulations or decisions made under it.

(3) An employers' adviser must

(a) give assistance to an employer respecting any claim under this Act of

(i) a worker, or

(ii) a dependant of a worker

of that employer, except where the employer's adviser thinks the claim has no merit,

(b) on claims matters, communicate with or appear before the Board, and the appeal tribunal on behalf of an employer where the adviser considers assistance is required, and

(c) advise employers with regard to the interpretation and administration of this Act or any regulations or decisions made under it.

(4) Employees of the ministry acting in the capacity of workers' advisers or employers' advisers need not be members of the Law Society of British Columbia, and if one of them is not, section 15 of the Legal Profession Act does not apply to him or her.

(5) An employers' adviser must not report or disclose to an employer information obtained from or at the Board of a type that would not be disclosed to the employer by the Board.

94.1 Lay advocates

(1) A person may

(a) give advice respecting the interpretation or administration of the Act, the policies of the board of directors, the Board's practices and procedures or any regulations, orders or decisions under the Act, or

(b) act on behalf of a person

(i) by communicating with the Board, an officer or employee of the Board, the appeal tribunal or any other person acting under this Act, or

(ii) by appearing before the Board, an officer or employee of the Board or the appeal tribunal.

(2) Section 15 of the Legal Profession Act does not apply to a person while the person performs the functions referred to in subsection (1).

95 Secrecy

(1) Officers of the Board and persons authorized to make examinations or inquiries under this Part must not divulge or allow to be divulged, except in the performance of their duties or under the authority of the Board, information obtained by them or which has come to their knowledge in making or in connection with an examination or inquiry under this Part.

(1.1) If information in a claim file, or in any other material pertaining to the claim of an injured or disabled worker, is disclosed for the purposes of this Act by an officer or employee of the Board to a person other than the worker, that person must not disclose the information except

(a) if anyone whom the information is about has identified the information and consented, in the manner required by the Board, to its disclosure,

(b) in compliance with an enactment of British Columbia or Canada,

(c) in compliance with a subpoena, warrant or order issued or made by a court, tribunal, person or body with jurisdiction to compel the production of information, or

(d) for the purpose of preparing a submission or argument for a proceeding under this Part, Part 3 or Part 4.

(1.2) No court, tribunal or other body may admit into evidence any information that is disclosed in violation of subsection (1.1).

(2) Every person who violates subsection (1) or (1.1) commits an offence against this Part.

(3) The workers' advisers, the employers' advisers and their staff must have access at any reasonable time to the complete claims files of the Board and any other material pertaining to the claim of an injured or disabled worker; but the information contained in those files must be treated as confidential to the same extent as it is so treated by the Board.

96 Jurisdiction of Board

(1) Subject to sections 239 and 240, the Board has exclusive jurisdiction to inquire into, hear and determine all matters and questions of fact and law arising under this Part, and the action or decision of the Board on them is final and conclusive and is not open to question or review in any court, and proceedings by or before the Board must not be restrained by injunction, prohibition or other process or proceeding in any court or be removable by certiorari or otherwise into any court, and an action may not be maintained or brought against the Board or a director, an officer, or an employee of the Board in respect of any act, omission or decision that was within the jurisdiction of the Board or that the Board, director, officer or employee believed was within the jurisdiction of the Board; and, without restricting the generality of the foregoing, the Board has exclusive jurisdiction to inquire into, hear and determine

(a) the question whether an injury has arisen out of or in the course of an employment within the scope of this Part;

(b) the existence and degree of disability by reason of an injury;

(c) the permanence of disability by reason of an injury;

(d) the degree of diminution of earning capacity by reason of an injury;

(e) the amount of average earnings of a worker, whether paid in cash or board or lodging or other form of remuneration, for the purpose of levying assessments, and the average earnings of a worker for purposes of payment of compensation;

(f) the existence, for the purpose of this Part, of the relationship of a member of the family of a worker as defined by this Act;

(g) the existence of dependency;

(h) whether an industry or a part, branch or department of an industry is within the scope of this Part, and the class to which an industry or a part, branch or department of an industry within the scope of this Part should be assigned;

(i) whether a worker in an industry within the scope of this Part is within the scope of this Part and entitled to compensation under it; and

(j) whether a person is a worker, a subcontractor, a contractor or an employer within the meaning of this Part.

(2) Despite subsection (1), at any time, on its own initiative, or on application, the Board may reopen a matter that has been previously decided by the Board or an officer or employee of the Board under this Part if, since the decision was made in that matter,

(a) there has been a significant change in a worker's medical condition that the Board has previously decided was compensable, or

(b) there has been a recurrence of a worker's injury.

(3) If the Board determines that the circumstances in subsection (2) justify a change in a previous decision respecting compensation or rehabilitation, the Board may make a new decision that varies the previous decision or order.

(4) Despite subsection (1), the Board may, on its own initiative, reconsider a decision or order that the Board or an officer or employee of the Board has made under this Part.

(5) Despite subsection (4), the Board may not reconsider a decision or order if

(a) more than 75 days have elapsed since that decision or order was made,

(b) a review has been requested in respect of that decision or order under section 96.2, or

(c) an appeal has been filed in respect of that decision or order under section 240.

(6) Despite subsection (1), the Board may review a decision or order made by the Board or by an officer or employee of the Board under this Part but only as specifically provided in sections 96.2 to 96.5.

(7) Despite subsection (1), the Board may at any time set aside any decision or order made by it or by an officer or employee of the Board under this Part if that decision or order resulted from fraud or misrepresentation of the facts or circumstances upon which the decision or order was based.

(8) The Board may establish practices and procedures for carrying out its responsibilities under the Act, including specifying time periods within which certain steps must be taken and the consequences for failing to comply with those time periods.

(9) In circumstances it considers appropriate, the Board may recommend the use of alternate dispute resolution processes to assist in the resolution of matters under the Act.

Repealed 96.1

[Repealed 2002-66-20.]

96.2 Request for reviews

(1) Subject to subsection (2), a person referred to in section 96.3 may request a review officer to review the following in a specific case:

(a) a Board decision respecting a compensation or rehabilitation matter under Part 1;

(b) a Board decision under Part 1 respecting an assessment or classification matter, a monetary penalty or a payment under section 47 (2), 54 (8) or 73 (1) by an employer to the Board of compensation paid to a worker;

(c) a Board order, a refusal to make a Board order, a variation of a Board order or a cancellation of a Board order respecting an occupational health or safety matter under Part 3.

(2) No review may be requested under subsection (1) respecting the following:

(a) an assessment under section 223 (1) (a);

(b) a determination, an order, a refusal to make an order or a cancellation of an order under section 153;

(c) an assignment of an employer or a subclass to a class or a subclass, except the assignment of an employer to a class or a subclass that

(i) has employers as members, and

(ii) does not have subclasses as members;

(d) a withdrawal of an employer or a subclass from a class or subclass, except a withdrawal of an employer from a class or subclass that

(i) has employers as members, and

(ii) does not have subclasses as members;

(e) the allocation of income, compensation payments, outlays, expenses, assets, liabilities, surpluses or deficits to or from the account of a class or subclass or to or from a reserve of the accident fund, except an allocation as it relates to a specific employer or an independent operator respecting

(i) the account of a class or subclass described in section 10 (8), or

(ii) the reserve described in section 39 (1) (b), (d) or (e);

(f) the determination of an assessment rate for a class or subclass, except the modification to the assessment rate determined for an employer on the basis of the employer's own experience;

(g) a decision to reopen or not to reopen a matter on an application under section 96 (2).

(3) A request for a review must be filed,

(a) if a time period with respect to the type of decision or order to be reviewed is prescribed by regulation of the Lieutenant Governor in Council, which prescribed time period must be less than 90 days, within that time period, or

(b) if a time period is not prescribed as set out in paragraph (a), within 90 days after the Board's decision or order is made.

(4) On application, and where the chief review officer is satisfied that

(a) special circumstances existed which precluded the filing of a request for review within the time period required in subsection (3), and

(b) an injustice would otherwise result,

the chief review officer may extend the time to file a request for review even if the time to file has expired.

(5) Unless, on application, the chief review officer orders otherwise, the filing of a request for a review under subsection (3) does not operate as a stay or suspend the operation of the decision or order under review.

(6) As soon as practicable after a request for a review is filed, the Board must provide the parties to the review with a copy of its records respecting the matter under review.

(7) Subject to subsection (8), for the purposes of a specific review, if the employer has ceased to be an employer within the meaning of Part 1, the chief review officer may deem an employers' adviser within the meaning of section 94 or an organized group of employers to be the employer.

(8) An organized group of employers may be recognized by the chief review officer for the purposes of subsection (7) only if the organized group includes among its members employers in the subclass of industry to which the employer who has ceased to be an employer belonged.

(9) The Board must appoint a chief review officer and one or more review officers to conduct reviews under this section.

(10) The Labour Relations Code does not apply to a chief review officer or a review officer.

96.3 Who may request review

(1) Any of the following persons who is directly affected by a decision referred to in section 96.2 (1) (a) may request a review of that decision:

(a) a worker;

(b) a deceased worker's dependant;

(c) an employer.

(2) An employer or an independent operator who is directly affected by a decision referred to in section 96.2 (1) (b) may request a review of that decision.

(3) Any of the following persons who is directly affected by a decision or order referred to in section 96.2 (1) (c) may request a review of that decision or order:

(a) a worker;

(b) an employer within the meaning of Part 3;

(c) an owner as defined in section 106;

(d) a supplier as defined in section 106;

(e) a union as defined in section 106;

(f) a member of a deceased worker's family.

96.4 Conduct of review

(1) This section applies to a review requested under section 96.2.

(2) Subject to any Board practices and procedures for the conduct of a review, a review officer may conduct a review as the officer considers appropriate to the nature and circumstances of the decision or order being reviewed.

(3) If a party to the review does not make a submission within the time required by any Board practices and procedures for the conduct of a review, the review officer may

(a) complete the review and make a decision on the basis of the information before him or her, or

(b) determine that the request for review is abandoned.

(4) A review officer may require an employer who is a party to a review respecting a matter referred to in section 96.2 (1) (c) to post a notice in a specified form and manner to bring the review to the attention of the employees of the employer.

(5) On application or on the chief review officer's own initiative, the chief review officer may suspend a review in a specific case in order to allow a review officer to deal with related matters at the same time.

(6) After taking into account any applicable period of suspension under subsection (5), the review officer must make a decision on a review,

(a) if a policy of the board of directors establishes a time period that is less than 150 days after the Board receives a request for review, which time period may be different for different types of decisions or orders, within that time period, or

(b) if a time period is not established as set out in paragraph (a) of this subsection, within 150 days after the Board receives the request for review.

(7) The chief review officer may extend the applicable time period in subsection (6) (a) or (b) if the complexity of the proceedings in a review or the matter under review makes the time period impractical.

(8) The review officer may make a decision

(a) confirming, varying or cancelling the decision or order under review, or

(b) referring the decision or order under review back to the Board, with or without directions.

(9) Subject to sections 96.5 and 239, a decision by the review officer under subsection (8) is final and the Board must comply with that decision.

96.5 Reconsideration

(1) The chief review officer may direct a review officer to reconsider a decision under section 96.4 (8) in either of the following circumstances:

(a) on the chief review officer's own initiative;

(b) on application from a party to a completed review of a decision that may not be appealed to the appeal tribunal, if the chief review officer is satisfied that new evidence has become available or been discovered that

(i) is substantial and material to the decision, and

(ii) did not exist at the time of the review or did exist at that time but was not discovered and could not through the exercise of reasonable diligence have been discovered.

(2) Each party to a completed review may apply for reconsideration of a decision under subsection (1) (b) on one occasion only.

(3) Despite subsection (1), a review officer must not reconsider a decision

(a) more than 23 days after the decision was made, if a direction to reconsider was given under subsection (1) (a), or

(b) if the decision has been appealed under section 239.

96.6 Delegation of chief review officer's powers and duties

(1) The chief review officer may delegate in writing to a review officer a power or duty of the chief review officer and may impose any limitations or conditions on the exercise of that power or performance of that duty.

(2) If the chief review officer has delegated a power or duty and subsequently ceases to hold office, the delegation continues in effect

(a) so long as the delegate continues in office, or

(b) until the delegation is revoked by a new chief review officer.

(3) The chief review officer may designate a review officer to act in the chief review officer's place during his or her temporary absence, and while acting in the chief review officer's place the designated review officer has the power and authority of the chief review officer.

97 Statutory powers

The Board may exercise any power or duty conferred or imposed on it by or under a statute of Canada or agreement between Canada and the Province.

98 Discontinuance or suspension of payments

(1) and (2) [Repealed 1985-68-124.]

(3) Despite sections 22 (1), 23 (1) or (3), 29 (1) and 30 (1), where it is found that a worker is confined to jail or prison, the Board may cancel, withhold or suspend the payment of compensation for the period it considers advisable. Where compensation is withheld or suspended, the Board may pay the compensation or any portion of it to the worker's spouse or children, or to a trustee appointed by the Board, who must expend it for the benefit of the worker, the worker's spouse or children.

(4) If

(a) a worker is not supporting the worker's spouse and children and they are likely to be a charge on the municipality where they reside, or

(b) an order has been made against the worker by a court of competent jurisdiction for spousal support or child support,

the Board may divert the compensation in whole or in part from the worker for the benefit of the worker's spouse or children.

(5) [Repealed 2011-25-478.]

99 Board decision-making

(1) The Board may consider all questions of fact and law arising in a case, but the Board is not bound by legal precedent.

(2) The Board must make its decision based upon the merits and justice of the case, but in so doing the Board must apply a policy of the board of directors that is applicable in that case.

(3) If the Board is making a decision respecting the compensation or rehabilitation of a worker and the evidence supporting different findings on an issue is evenly weighted in that case, the Board must resolve that issue in a manner that favours the worker.

100 Costs

The Board may award a sum it considers reasonable to the successful party to a contested claim for compensation or to any other contested matter to meet the expenses the party has been put to by reason of or incidental to the contest, and an order of the Board for the payment by an employer or by a worker of a sum so awarded, when filed in the manner provided for the filing of certificates by section 45 (2), becomes a judgment of the court in which it is filed and may be enforced accordingly.

101
[Repealed 2002-66-23.]
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Part 2 Liability of Employers in Industries Not Within the Scope of Part 1


Not included on this web site. The Queen's printer has an electronic copy of Part 2 of the Workers Compensation Act available online.

Part 3 Occupational Health and Safety

Note: The sections relating to the right to refuse unsafe work have been excluded because they have not been brought into effect. These sections are the definition of "right to refuse unsafe work" in section 106, all of Division 5, which includes sections 141 to 149.

Part 3 Division 1 - Interpretation and Purposes

106 Definitions

In this Part and in the regulations under this Part:

"collective agreement" means the same as in the Fishing Collective Bargaining Act, the Labour Relations Code or the Public Service Labour Relations Act;

"employer" means

(a) an employer as defined in section 1,

(b) a person who is deemed to be an employer under Part 1 of this Act or the regulations under that Part, and

(c) the owner and the master of a fishing vessel for which there is crew to whom Part 1 applies as if the crew were workers, but does not include a person exempted from the application of this Part by order of the Board;

"hazardous substance" includes

(a) a hazardous product within the meaning of the Hazardous Products Act (Canada),

(b) a substance designated as a hazardous substance by regulation, and

(c) a biological, chemical or physical agent that, by reason of its properties, is hazardous to the health or safety of persons exposed to it;

"joint committee" means a joint health and safety committee under Division 4 of this Part;

"officer" means a person appointed as an officer under section 86 (1) or a person authorized to act as an officer under section 114;

"order" means an order under this Part or the regulations;

"owner" includes

(a) a trustee, receiver, mortgagee in possession, tenant, lessee, licensee or occupier of any lands or premises used or to be used as a workplace, and

(b) a person who acts for or on behalf of an owner as an agent or delegate;

"prime contractor" means the prime contractor for a workplace within the meaning of section 118;

"regulation" means a regulation under this Part made by the Board or by the Lieutenant Governor in Council;

"supplier" means a person who manufactures, supplies, sells, leases, distributes, erects or installs

(a) any tool, equipment, machine, device, or

(b) any biological, chemical or physical agent

to be used by a worker;

"union" means

(a) a trade union recognized under the Labour Relations Code, or

(b) another organization of workers formed for purposes that include the regulation of relations between workers and employers, if the organization has given notice to the employer and the Board that it is to be considered a union for the purposes of this Part;

"variance order" means an order under section 164;

"wages" means the same as in the Employment Standards Act;

"work related" means arising from or in connection with work activities;

"worker" means

(a) a worker as defined in section 1, and

(b) a person who is deemed to be a worker under Part 1 or the regulations under that Part, or to whom that Part applies as if the person were a worker, but does not include a person exempted from the application of this Part by order of the Board;

"worker health and safety representative" means a worker health and safety representative under section 139;

"worker representative" means

(a) in relation to a workplace for which there is a joint committee, a worker representative on the committee, and

(b) in relation to a workplace for which there is a worker health and safety representative, that representative;

"workplace" means any place where a worker is or is likely to be engaged in any work and includes any vessel, vehicle or mobile equipment used by a worker in work.

107 Purposes of Part

(1) The purpose of this Part is to benefit all citizens of British Columbia by promoting occupational health and safety and protecting workers and other persons present at workplaces from work related risks to their health and safety.

(2) Without limiting subsection (1), the specific purposes of this Part are

(a) to promote a culture of commitment on the part of employers and workers to a high standard of occupational health and safety,

(b) to prevent work related accidents, injuries and illnesses,

(c) to encourage the education of employers, workers and others regarding occupational health and safety,

(d) to ensure an occupational environment that provides for the health and safety of workers and others,

(e) to ensure that employers, workers and others who are in a position to affect the occupational health and safety of workers share that responsibility to the extent of each party's authority and ability to do so,

(f) to foster cooperative and consultative relationships between employers, workers and others regarding occupational health and safety, and to promote worker participation in occupational health and safety programs and occupational health and safety processes, and

(g) to minimize the social and economic costs of work related accidents, injuries and illnesses, in order to enhance the quality of life for British Columbians and the competitiveness of British Columbia in the Canadian and world economies.

108 Application of Part

(1) Subject to subsection (2), this Part applies to

(a) the Provincial government and every agency of the Provincial government,

(b) every employer and worker whose occupational health and safety are ordinarily within the jurisdiction of the Provincial government, and

(c) the federal government, every agency of the federal government and every other person whose occupational health and safety are ordinarily within the jurisdiction of the Parliament of Canada, to the extent that the federal government submits to the application of this Part.

(2) This Part and the regulations do not apply in respect of

(a) mines to which the Mines Act applies,

(b) [Repealed 2004-8-33]

(c) subject to subsection (3), the operation of industrial camps to the extent their operation is subject to regulations under the Public Health Act.

(3) The Lieutenant Governor in Council may, by regulation, provide that all aspects of this Part and the regulations apply to camps referred to in subsection (2)(c), in which case this Part and the regulations prevail over the regulations under the Public Health Act to the extent of any conflict.

109 Review of Part and regulations

(1) The minister may appoint a committee to conduct a review of all or part of this Part and the regulations and to report to the minister concerning its recommendations.

(2) A review under this section must include a process of consultations with representatives of employers, workers and other persons affected by this Part and the regulations.

(3) For certainty, the costs of a review under this section are part of the costs of administering this Act.

110 Relationship with Part 1

(1) The failure to comply with any provision of this Part or the regulations does not affect the right of a worker to compensation, if otherwise entitled, under Part 1 of this Act.

(2) The liabilities and obligations of a person under Part 1 of this Act are not decreased or removed by reason only of the person's compliance with the provisions of this Part or the regulations.

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Part 3 Division 2 - Board Mandate

111 Board's mandate under this Part

(1) In accordance with the purposes of this Part, the Board has the mandate to be concerned with occupational health and safety generally, and with the maintenance of reasonable standards for the protection of the health and safety of workers in British Columbia and the occupational environment in which they work.

(2) In carrying out its mandate, the Board has the following functions, duties and powers:

(a) to exercise its authority to make regulations to establish standards and requirements for the protection of the health and safety of workers and the occupational environment in which they work;

(b) to undertake inspections, investigations and inquiries on matters of occupational health and safety and occupational environment;

(c) to provide services to assist joint committees, worker health and safety representatives, employers and workers in maintaining reasonable standards for occupational health and safety and occupational environment;

(d) to ensure that persons concerned with the purposes of this Part are provided with information and advice relating to its administration and to occupational health and safety and occupational environment generally;

(e) to encourage, develop and conduct or participate in conducting programs for promoting occupational health and safety and for improving the qualifications of persons concerned with occupational health and safety and occupational environment;

(f) to promote public awareness of matters related to occupational health and safety and occupational environment;

(g) to prepare and maintain statistics relating to occupational health and safety and occupational environment, either by itself or in conjunction with any other agency;

(h) to undertake or support research and the publication of research on matters relating to its responsibilities under this Act;

(i) to establish programs of grants and awards in relation to its responsibilities under this Act;

(j) to provide assistance to persons concerned with occupational health and safety and occupational environment;

(k) to cooperate and enter into arrangements and agreements with governments and other agencies and persons on matters relating to its responsibilities under this Part;

(l) to make recommendations to the minister respecting amendments to this Act, the regulations under this Part or Part 1 of this Act, or other legislation that affects occupational health and safety or occupational environment;

(m) to inquire into and report to the minister on any matter referred to it by the minister, within the time specified by the minister;

(n) to fulfill its mandate under this Part in a financially responsible manner;

(o) to do other things in relation to occupational health and safety or occupational environment that the minister or Lieutenant Governor in Council may direct.

112 Annual report

The annual report of the Board under section 69 must include

(a) a review of its activities under this Part for the year, including financial, statistical and performance information, and

(b) an assessment of the occupational health and safety record of workplaces in British Columbia.

113 Board jurisdiction under this Part

(1) Subject to sections 239 and 240, the Board has exclusive jurisdiction to inquire into, hear and determine all those matters and questions of fact and law arising or required to be determined under this Part, and the action or decision of the Board is final and conclusive and is not open to question or review in any court.

(2) Despite subsection (1), but subject to subsection (2.1) and sections 189 (1) and 190 (4), the Board may at any time, on its own initiative, make a new decision or order varying or cancelling a previous decision or order of the Board or of any officer or employee of the Board respecting any matter that is within the jurisdiction of the Board under this Part.

(2.1) The Board may not make a decision or an order under subsection (2) if

(a) a review has been requested under section 96.2 in respect of the previous decision or order, or

(b) an appeal has been filed under section 240 in respect of the previous decision or order.

(2.2) Despite subsection (1), the Board may review a decision or order made by the Board or by an officer or employee of the Board under this Part but only as specifically provided in sections 96.2 to 96.5.

(2.3) Despite subsection (1), the Board may at any time set aside any decision or order made by it or by an officer or employee of the Board under this Part if that decision or order resulted from fraud or misrepresentation of the facts or circumstances upon which the decision or order was based.

(3) Proceedings by or before the Board under this Part must not be restrained by injunction, prohibition or other process or proceeding in any court or be removed by certiorari or otherwise into any court.

(4) An action may not be maintained or brought against the Board or a director, an officer or an employee of the Board in respect of any act, omission or decision

(a) that was within the jurisdiction of the Board under this Part, or

(b) that the Board, director, officer or employee believed was within the jurisdiction of the Board under this Part.

(5) The Board may charge a class or subclass with the cost of investigations, inspections and other services provided to the class or subclass for the prevention of injuries and illnesses.

114 Cooperation agreements

(1) Without limiting section 8.1, the Board may enter into agreements or make arrangements respecting cooperation, coordination and assistance related to occupational health and safety and occupational environment matters with the Provincial government, the government of Canada or the government of another province or territory, or an agency of any of those governments, or with another appropriate authority.

(2) In relation to an agreement or arrangement under subsection (1), the Board may

(a) authorize Board officers to act on behalf of the other party to the agreement or arrangement, and

(b) authorize persons appointed by the other party to the agreement or arrangement to act as an officer under this Act, subject to any conditions or restrictions established by the Board.

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Part 3 Division 3 - General Duties of Employers, Workers and Others

115 General duties of employers

(1) Every employer must

(a) ensure the health and safety of

(i) all workers working for that employer, and

(ii) any other workers present at a workplace at which that employer's work is being carried out, and

(b) comply with this Part, the regulations and any applicable orders.

(2) Without limiting subsection (1), an employer must

(a) remedy any workplace conditions that are hazardous to the health or safety of the employer's workers,

(b) ensure that the employer's workers

(i) are made aware of all known or reasonably foreseeable health or safety hazards to which they are likely to be exposed by their work,

(ii) comply with this Part, the regulations and any applicable orders, and

(iii) are made aware of their rights and duties under this Part and the regulations,

(c) establish occupational health and safety policies and programs in accordance with the regulations,

(d) provide and maintain in good condition protective equipment, devices and clothing as required by regulation and ensure that these are used by the employer's workers,

(e) provide to the employer's workers the information, instruction, training and supervision necessary to ensure the health and safety of those workers in carrying out their work and to ensure the health and safety of other workers at the workplace,

(f) make a copy of this Act and the regulations readily available for review by the employer's workers and, at each workplace where workers of the employer are regularly employed, post and keep posted a notice advising where the copy is available for review,

(g) consult and cooperate with the joint committees and worker health and safety representatives for workplaces of the employer, and

(h) cooperate with the Board, officers of the Board and any other person carrying out a duty under this Part or the regulations.

116 General duties of workers

(1) Every worker must

(a) take reasonable care to protect the worker's health and safety and the health and safety of other persons who may be affected by the worker's acts or omissions at work, and

(b) comply with this Part, the regulations and any applicable orders.

(2) Without limiting subsection (1), a worker must

(a) carry out his or her work in accordance with established safe work procedures as required by this Part and the regulations,

(b) use or wear protective equipment, devices and clothing as required by the regulations,

(c) not engage in horseplay or similar conduct that may endanger the worker or any other person,

(d) ensure that the worker's ability to work without risk to his or her health or safety, or to the health or safety of any other person, is not impaired by alcohol, drugs or other causes,

(e) report to the supervisor or employer

(i) any contravention of this Part, the regulations or an applicable order of which the worker is aware, and

(ii) the absence of or defect in any protective equipment, device or clothing, or the existence of any other hazard, that the worker considers is likely to endanger the worker or any other person,

(f) cooperate with the joint committee or worker health and safety representative for the workplace, and

(g) cooperate with the Board, officers of the Board and any other person carrying out a duty under this Part or the regulations.

* See guideline G-D3-116 Orders to workers for more information.

117 General duties of supervisors

(1) Every supervisor must

(a) ensure the health and safety of all workers under the direct supervision of the supervisor,

(b) be knowledgeable about this Part and those regulations applicable to the work being supervised, and

(c) comply with this Part, the regulations and any applicable orders.

(2) Without limiting subsection (1), a supervisor must

(a) ensure that the workers under his or her direct supervision

(i) are made aware of all known or reasonably foreseeable health or safety hazards in the area where they work, and

(ii) comply with this Part, the regulations and any applicable orders,

(b) consult and cooperate with the joint committee or worker health and safety representative for the workplace, and

(c) cooperate with the Board, officers of the Board and any other person carrying out a duty under this Part or the regulations.

* See guideline G-D3-116 Orders to workers for more information.

118 Coordination at multiple-employer workplaces

(1) In this section:

"multiple-employer workplace" means a workplace where workers of 2 or more employers are working at the same time;

"prime contractor" means, in relation to a multiple-employer workplace,

(a) the directing contractor, employer or other person who enters into a written agreement with the owner of that workplace to be the prime contractor for the purposes of this Part, or

(b) if there is no agreement referred to in paragraph (a), the owner of the workplace.

(2) The prime contractor of a multiple-employer workplace must

(a) ensure that the activities of employers, workers and other persons at the workplace relating to occupational health and safety are coordinated, and

(b) do everything that is reasonably practicable to establish and maintain a system or process that will ensure compliance with this Part and the regulations in respect of the workplace.

(3) Each employer of workers at a multiple-employer workplace must give to the prime contractor the name of the person the employer has designated to supervise the employer's workers at that workplace.

119 General duties of owner

Every owner of a workplace must

(a) provide and maintain the owner's land and premises that are being used as a workplace in a manner that ensures the health and safety of persons at or near the workplace,

(b) give to the employer or prime contractor at the workplace the information known to the owner that is necessary to identify and eliminate or control hazards to the health or safety of persons at the workplace, and

(c) comply with this Part, the regulations and any applicable orders.

120 General duties of suppliers

Every supplier must

(a) ensure that any tool, equipment, machine or device, or any biological, chemical or physical agent, supplied by the supplier is safe when used in accordance with the directions provided by the supplier and complies with this Part and the regulations,

(b) provide directions respecting the safe use of any tool, equipment, machine or device, or any biological, chemical or physical agent, that is obtained from the supplier to be used at a workplace by workers,

(c) ensure that any biological, chemical or physical agent supplied by the supplier is labelled in accordance with the applicable federal and provincial enactments,

(d) if the supplier has responsibility under a leasing agreement to maintain any tool, equipment, machine, device or other thing, maintain it in safe condition and in compliance with this Part, the regulations and any applicable orders, and

(e) comply with this Part, the regulations and any applicable orders.

121 Duties of directors and officers of a corporation

Every director and every officer of a corporation must ensure that the corporation complies with this Part, the regulations and any applicable orders.

122 General obligations are not limited by specific obligations

A specific obligation imposed by this Part or the regulations does not limit the generality of any other obligation imposed by this Part or the regulations.

123 Persons may be subject to obligations in relation to more than one role

(1) In this section, "function" means the function of employer, supplier, supervisor, owner, prime contractor or worker.

(2) If a person has 2 or more functions under this Part in respect of one workplace, the person must meet the obligations of each function.

124 Responsibility when obligations apply to more than one person

If

(a) one or more provisions of this Part or the regulations impose the same obligation on more than one person, and

(b) one of the persons subject to the obligation complies with the applicable provision,

the other persons subject to the obligation are relieved of that obligation only during the time when

(c) simultaneous compliance by more than one person would result in unnecessary duplication of effort and expense, and

(d) the health and safety of persons at the workplace is not put at risk by compliance by only one person.

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Part 3 Division 4 - Joint Committees and Worker Representatives

125 When a joint committee is required

An employer must establish and maintain a joint health and safety committee

(a) in each workplace where 20 or more workers of the employer are regularly employed, and

(b) in any other workplace for which a joint committee is required by order.

126 Variations in committee requirements

(1) Despite section 125, the Board may, by order, require or permit an employer to establish and maintain

(a) more than one joint committee for a single workplace of the employer,

(b) one joint committee for more than one workplace or parts of more than one workplace of the employer, or

(c) one joint committee for the workplace or parts of the workplaces of a number of employers, if the workplaces are the same, overlapping or adjoining.

(2) An order under subsection (1) may

(a) specify the workplace, workplaces or parts for which a joint committee is required or permitted, and

(b) provide for variations regarding the practice and procedure of a joint committee from the provisions otherwise applicable under this Part or the regulations.

127 Membership of joint committee

A joint committee for a workplace must be established in accordance with the following:

(a) it must have at least 4 members or, if a greater number of members is required by regulation, that greater number;

(b) it must consist of worker representatives and employer representatives;

(c) at least half the members must be worker representatives;

(d) it must have 2 co-chairs, one selected by the worker representatives and the other selected by the employer representatives.

128 Selection of worker representatives

(1) The worker representatives on a joint committee must be selected from workers at the workplace who do not exercise managerial functions at that workplace, as follows:

(a) if the workers are represented by one or more unions, the worker representatives are to be selected according to the procedures established or agreed on by the union or unions;

(b) if none of the workers are represented by a union, the worker representatives are to be elected by secret ballot;

(c) if some of the workers are represented by one or more unions and some are not represented by a union, the worker representatives are to be selected in accordance with paragraphs (a) and (b) in equitable proportion to their relative numbers and relative risks to health and safety;

(d) if the workers do not make their own selection after being given the opportunity under paragraphs (a) to (c), the employer must seek out and assign persons to act as worker representatives.

(2) The employer or a worker may request the Board to provide direction as to how an election under subsection (1) (b) is to be conducted.

(3) The employer, or a union or a worker at a workplace referred to in subsection (1) (c), may request the Board to provide direction as to how the requirements of that provision are to be applied in the workplace.

129 Selection of employer representatives

(1) The employer representatives on a joint committee must be selected by the employer from among persons who exercise managerial functions for the employer and, to the extent possible, who do so at the workplace for which the joint committee is established.

(2) For certainty, an individual employer may act as an employer representative.

130 Duties and functions of joint committee

A joint committee has the following duties and functions in relation to its workplace:

(a) to identify situations that may be unhealthy or unsafe for workers and advise on effective systems for responding to those situations;

(b) to consider and expeditiously deal with complaints relating to the health and safety of workers;

(c) to consult with workers and the employer on issues related to occupational health and safety and occupational environment;

(d) to make recommendations to the employer and the workers for the improvement of the occupational health and safety and occupational environment of workers;

(e) to make recommendations to the employer on educational programs promoting the health and safety of workers and compliance with this Part and the regulations and to monitor their effectiveness;

(f) to advise the employer on programs and policies required under the regulations for the workplace and to monitor their effectiveness;

(g) to advise the employer on proposed changes to the workplace, including significant proposed changes to equipment and machinery, or the work processes that may affect the health or safety of workers;

(h) to ensure that accident investigations and regular inspections are carried out as required by this Part and the regulations;

(i) to participate in inspections, investigations and inquiries as provided in this Part and the regulations;

(j) to carry out any other duties and functions prescribed by regulation.

131 Joint committee procedure

(1) Subject to this Part and the regulations, a joint committee must establish its own rules of procedure, including rules respecting how it is to perform its duties and functions.

(2) A joint committee must meet regularly at least once each month, unless another schedule is permitted or required by regulation or order.

132 Assistance in resolving disagreements within committee

(1) If a joint committee is unable to reach agreement on a matter relating to the health or safety of workers at the workplace, a co-chair of the committee may report this to the Board, which may investigate the matter and attempt to resolve the matter.

(2) If the Board considers that a joint committee is unable to reach agreement on a matter relating to the health or safety of workers at the workplace, the Board, on its own initiative, may investigate the matter and attempt to resolve the matter.

133 Employer must respond to committee recommendations

(1) This section applies if a joint committee sends a written recommendation to an employer with a written request for a response from the employer.

(2) Subject to subsections (4) and (5), the employer must respond in writing to the committee within 21 days of receiving the request, either

(a) indicating acceptance of the recommendation, or

(b) giving the employer's reasons for not accepting the recommendation.

(3) If the employer does not accept the committee's recommendations, a co-chair of the committee may report the matter to the Board, which may investigate and attempt to resolve the matter.

(4) If it is not reasonably possible to provide a response before the end of the 21 day period, the employer must provide within that time a written explanation for the delay, together with an indication of when the response will be provided.

(5) If the joint committee is not satisfied that the explanation provided under subsection (4) is reasonable in the circumstances, a co-chair of the committee may report this to the Board, which may investigate the matter and may, by order, establish a deadline by which the employer must respond.

(6) Nothing in this section relieves an employer of the obligation to comply with this Part and the regulations.

134 Time from work for meetings and other committee functions

(1) A member of a joint committee is entitled to time off from work for

(a) the time required to attend meetings of the committee, and

(b) other time that is reasonably necessary to prepare for meetings of the committee and to fulfill the other functions and duties of the committee.

(2) Time off under subsection (1) is deemed to be time worked for the employer, and the employer must pay the member for that time.

135 Educational leave

(1) Each member of a joint committee is entitled to an annual educational leave totalling 8 hours, or a longer period if prescribed by regulation, for the purposes of attending occupational health and safety training courses conducted by or with the approval of the Board.

(2) A member of the joint committee may designate another member as being entitled to take all or part of the member's educational leave.

(3) The employer must provide the educational leave under this section without loss of pay or other benefits and must pay for, or reimburse the worker for, the costs of the training course and the reasonable costs of attending the course.

136 Other employer obligations to support committee

(1) The employer must provide the joint committee with the equipment, premises and clerical personnel necessary for the carrying out of its duties and functions.

(2) On request of the joint committee, the employer must provide the committee with information respecting

(a) the identification of known or reasonably foreseeable health or safety hazards to which workers at the workplace are likely to be exposed,

(b) health and safety experience and work practices and standards in similar or other industries of which the employer has knowledge,

(c) orders, penalties and prosecutions under this Part or the regulations relating to health and safety at the workplace, and

(d) any other matter prescribed by regulation.

137 Committee reports

(1) After each joint committee meeting, the committee must prepare a report of the meeting and provide a copy to the employer.

(2) The employer must

(a) if so requested by a union representing workers at the workplace, send a copy of the reports under subsection (1) to the union,

(b) retain a copy of the reports for at least 2 years from the date of the joint committee meeting to which they relate, and

(c) ensure that the retained reports are readily accessible to the joint committee members, workers of the employer, officers and other persons authorized by the Board or the minister.

138 Employer must post committee information

At each workplace where workers of an employer are regularly employed, the employer must post and keep posted

(a) the names and work locations of the joint committee members,

(b) the reports of the 3 most recent joint committee meetings, and

(c) copies of any applicable orders under this Division for the preceding 12 months.

139 Worker health and safety representative

(1) A worker health and safety representative is required

(a) in each workplace where there are more than 9 but fewer than 20 workers of the employer regularly employed, and

(b) in any other workplace for which a worker health and safety representative is required by order of the Board.

(2) The worker health and safety representative must be selected in accordance with section 128 from among the workers at the workplace who do not exercise managerial functions at that workplace.

(3) To the extent practicable, a worker health and safety representative has the same duties and functions as a joint committee.

(4) Sections 133 to 136 apply in relation to a worker health and safety representative as if the representative were a joint committee or member of a joint committee.

140 Participation of worker representative in inspections

If

(a) this Part or the regulations give a worker representative the right to be present for an inspection, investigation or inquiry at a workplace, and

(b) no worker representative is reasonably available, the right may be exercised by another worker who has previously been designated as an alternate by the worker representative.

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Part 3 Division 5 Not in force


Note:  Division 5, which includes sections 141-149, has been excluded because it has not been brought into effect.

Part 3 Division 6 - Prohibition Against Discriminatory Action

150 Actions that are considered discriminatory

(1) For the purposes of this Division, "discriminatory action" includes any act or omission by an employer or union, or a person acting on behalf of an employer or union, that adversely affects a worker with respect to any term or condition of employment, or of membership in a union.

(2) Without restricting subsection (1), discriminatory action includes

(a) suspension, lay-off or dismissal,

(b) demotion or loss of opportunity for promotion,

(c) transfer of duties, change of location of workplace, reduction in wages or change in working hours,

(d) coercion or intimidation,

(e) imposition of any discipline, reprimand or other penalty, and

(f) the discontinuation or elimination of the job of the worker.

151 Discrimination against workers prohibited

An employer or union, or a person acting on behalf of an employer or union, must not take or threaten discriminatory action against a worker

(a) for exercising any right or carrying out any duty in accordance with this Part, the regulations or an applicable order,

(b) for the reason that the worker has testified or is about to testify in any matter, inquiry or proceeding under this Act or the Coroners Act on an issue related to occupational health and safety or occupational environment, or

(c) for the reason that the worker has given any information regarding conditions affecting the occupational health or safety or occupational environment of that worker or any other worker to

(i) an employer or person acting on behalf of an employer,

(ii) another worker or a union representing a worker, or

(iii) an officer or any other person concerned with the administration of this Part.

152 Complaint by worker against discriminatory action or failure to pay wages

(1) A worker who considers that

(a) an employer or union, or a person acting on behalf of an employer or union, has taken, or threatened to take, discriminatory action against the worker contrary to section 151, or

(b) an employer has failed to pay wages to the worker as required by this Part or the regulations

may have the matter dealt with through the grievance procedure under a collective agreement, if any, or by complaint in accordance with this Division.

(2) A complaint under subsection (1) must be made in writing to the Board,

(a) in the case of a complaint referred to in subsection (1) (a), within 1 year of the action considered to be discriminatory, and

(b) in the case of a complaint referred to in subsection (1) (b), within 60 days after the wages became payable.

(3) In dealing with a matter referred to in subsection (1), whether under a collective agreement or by complaint to the Board, the burden of proving that there has been no such contravention is on the employer or the union, as applicable.

153 Response to complaint

(1) If the Board receives a complaint under section 152 (2), it must immediately inquire into the matter and, if the complaint is not settled or withdrawn, must

(a) determine whether the alleged contravention occurred, and

(b) deliver a written statement of the Board's determination to the worker and to the employer or union, as applicable.

(2) If the Board determines that the contravention occurred, the Board may make an order requiring one or more of the following:

(a) that the employer or union cease the discriminatory action;

(b) that the employer reinstate the worker to his or her former employment under the same terms and conditions under which the worker was formerly employed;

(c) that the employer pay, by a specified date, the wages required to be paid by this Part or the regulations;

(d) that the union reinstate the membership of the worker in the union;

(e) that any reprimand or other references to the matter in the employer's or union's records on the worker be removed;

(f) that the employer or the union pay the reasonable out of pocket expenses incurred by the worker by reason of the discriminatory action;

(g) that the employer or the union do any other thing that the Board considers necessary to secure compliance with this Part and the regulations.

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Part 3 Division 7 - Information and Confidentiality

154 Posting of information

(1) Where this Part, the regulations or an order requires an employer or other person to post information at a workplace, the person must

(a) post the information at or near the workplace in one or more conspicuous places where it is most likely to come to the attention of the workers, or

(b) otherwise bring it to the notice of and make it available to the workers at the workplace in accordance with the regulations.

(2) If reasonably practicable, at least one place of posting under subsection (1) (a) must be at or near the equipment, works or area to which the information relates.

(3) As an exception, if posting or notice referred to in subsection (1) is not reasonably practicable, the employer or other person must instead adopt other measures to ensure that the information is effectively brought to the attention of the workers.

155 Occupational health and safety information summary

(1) An occupational health and safety information summary for a workplace or workplaces of an employer may be requested by

(a) the employer,

(b) a joint committee or worker representative of the employer,

(c) a union representing workers of the employer, or

(d) if there is no joint committee or worker representative for a workplace, any worker of the employer working at the workplace.

(2) On receiving a request under subsection (1), the Board must prepare a summary in relation to the workplace or workplaces for which the request is made of

(a) the prescribed information relating to the previous calendar year, and

(b) any other data the Board considers necessary or advisable to provide.

(3) A summary requested under this section must be sent to the person who made the request and, if the request was made by a person other than the employer, to the employer.

(4) As soon as reasonably practicable after an employer receives a summary under this section, the employer must

(a) post a copy at the workplaces to which it relates,

(b) provide a copy to the joint committees or worker representatives, as applicable, and

(c) if workers at a workplace to which it relates are represented by a union, send a copy to the union.

156 Information that must be kept confidential

(1) A person must not disclose or publish the following information, except for the purpose of administering this Act and the regulations or as otherwise required by law:

(a) information obtained in a medical examination, test or X-ray of a worker made or taken under this Part, Part 4 or the regulations, unless the worker consents or the information is disclosed in a form calculated to prevent the information from being identified with a particular person or case;

(b) information with respect to a claim under Part 1 of this Act obtained by the person by reason of the performance of any duty or the exercise of any power under this Part, Part 4 or the regulations;

(c) information with respect to a trade secret, or with respect to a work process whether or not it is a trade secret, obtained by the person by reason of the performance of any duty or the exercise of any power under this Part, Part 4 or the regulations;

(d) information obtained under this Part, Part 4 or the regulations that is exempted or subject to a claim for exemption as confidential business information in respect of a hazardous substance, as referred to in section 158 (2) (m);

(e) in the case of information received by the person in confidence by reason of the performance of any duty or the exercise of any power under this Part, Part 4 or the regulations, the name of the informant.

(2) Except in the performance of his or her duties,

(a) an officer,

(b) a person who accompanies an officer under section 182, or

(c) a person who conducts a test or other examination under this Part or Part 4 at the request of an officer must not publish or disclose information obtained or made by the officer or other person in connection with his or her duties or powers under this Part or Part 4.

(3) Despite subsection (2), the Board may disclose or publish information referred to in that subsection, or authorize it to be disclosed or published, if the Board considers this advisable in the public interest.

(4) Except for the purposes of an inquest under the Coroners Act, an officer or other person referred to in subsection (2) is not a compellable witness in a civil suit or other proceeding respecting any information provided to the person in confidence.

(5) For the purposes of section 21 (1) (b) of the Freedom of Information and Protection of Privacy Act, information referred to in subsection (1) (c) or (d) or (2) of this section that is in the custody or under the control of the Board or the appeal tribunal, whether or not supplied to the Board or the appeal tribunal, is deemed to be supplied to the Board or the appeal tribunal in confidence if it is

(a) information with respect to a trade secret, or with respect to a work process whether or not it is a trade secret,

(b) exempted or subject to a claim for exemption as confidential business information in respect of a hazardous substance, as referred to in section 158 (2) (m), or

(c) commercial, financial, labour relations, scientific or technical information of an employer or supplier.

(6) This section does not apply to prevent a person from providing information, including confidential business information, in a medical emergency for the purpose of diagnosis, medical treatment or first aid.

157 Information that must be provided in a medical emergency

(1) If a medical practitioner, a nurse or a person who is a prescribed health professional determines that

(a) a medical emergency exists, and

(b) information regarding a hazardous substance is needed for the purpose of diagnosis or providing medical treatment or first aid,

an employer, supplier or chemical manufacturer must immediately disclose to the requesting health professional all applicable information, including confidential business information, that is in the possession of the employer, supplier or manufacturer.

(2) A person to whom information is provided under subsection (1) must keep confidential any information specified by the person providing the information as being confidential, except for the purpose for which it is provided.

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Part 3 Division 8 - Miscellaneous Authority

158 Regulations in relation to hazardous and other substances

(1) The Board may, for the purpose of protecting the health or safety of workers, make regulations in relation to hazardous substances and other substances that are potentially harmful to workers.

(2) Without limiting subsection (1), the Board may make regulations as follows:

(a) prohibiting or regulating the transportation, storage, handling, use or disposal of any biological, chemical or physical agent;

(b) prohibiting persons other than those meeting prescribed qualifications from transporting, storing, handling, using or disposing of any biological, chemical or physical agent;

(c) prohibiting or regulating the manufacture, import, supply or sale or other disposition of any biological, chemical or physical agent;

(d) establishing requirements with respect to the testing, labelling or examination of any substance or material;

(e) establishing requirements with respect to the labelling of biological, chemical or physical agents supplied by a supplier;

(f) establishing requirements for records that must be kept in relation to hazardous substances and other substances that are potentially harmful to workers;

(g) designating a biological, chemical or physical agent as a hazardous substance;

(h) classifying hazardous substances;

(i) establishing requirements with respect to the labelling or identification of a hazardous substance;

(j) establishing requirements with respect to safety data sheets to be provided for a hazardous substance;

(k) establishing requirements with respect to worker training and instruction in relation to hazardous substances;

(l) establishing requirements with respect to the disclosure of information in respect of a hazardous substance, including disclosure of confidential business information;

(m) providing for exemptions from disclosure of confidential business information in respect of a hazardous substance;

(n) establishing or designating an agency, board or commission to determine whether information in respect of a hazardous substance is confidential business information;

(o) respecting the procedures, powers and functions of an agency, board or commission referred to in paragraph (n);

(p) respecting the reporting by physicians and others of cases in which workers are affected by hazardous substances.

159 Certification and training of first aid attendants and instructors

The Board may

(a) supervise the training of and train occupational first aid attendants and instructors,

(b) appoint examiners and conduct examinations for the purposes of this section,

(c) issue, renew and amend certificates to occupational first aid attendants and instructors,

(d) enter into arrangements by which other persons provide training, give examinations and issue certificates for the purposes of this section, and

(e) establish fees for the purposes of this section.

160 Installation and maintenance of required first aid equipment

If an employer fails, neglects or refuses to install or maintain first aid equipment or service required by regulation or order, the Board may do one or more of the following:

(a) have the first aid equipment and service installed, in which case the cost of this is a debt owed by the employer to the Board;

(b) impose a special rate of assessment under Part 1 of this Act;

(c) order the employer to immediately close down all or part of the workplace or work being done there until the employer complies with the applicable regulation or order.

161 Medical monitoring programs

(1) If the Board considers this is advisable given the nature or conditions of a work activity, the Board may, by regulation, require employers of workers who carry out that activity or who are exposed to those conditions to establish a medical monitoring program in accordance with this section and the regulations.

(2) The following apply to a medical monitoring program under this section:

(a) the program is to be provided at the expense of the employer;

(b) a worker may not be compelled to participate in the program;

(c) a worker who participates in the program must be advised of the results of each examination.

(3) A regulation under subsection (1) may prescribe

(a) the medical examinations, including tests and X-rays, that are required,

(b) the type of health professional who is authorized to conduct the examinations,

(c) when examinations are required,

(d) the information that must be obtained and recorded,

(e) the information that must be provided to the worker, and

(f) responsibilities for keeping the records related to the program.

(4) The Board may require the health professional who conducted an examination for the purposes of this section, or the person keeping the records for the purposes of the program, to provide to the Board the information referred to in subsection (3)(d).

162 Medical certification requirements

(1) If the Board considers this is advisable given the physical requirements of a specific type of work, the Board may, by regulation, require employers to ensure that workers performing that work are medically certified as to their physical fitness for the work.

(2) A regulation under subsection (1) may prescribe

(a) the medical examinations, including tests and X-rays, that are required for certification,

(b) the type of health professional who is authorized to make the certification,

(c) when reevaluations and renewals of certificates are required,

(d) the information that must be obtained and recorded, and

(e) who is to pay for the cost of the certification.

(3) The Board may require the health professional who conducted an examination for the purposes of this section to provide to the Board the information referred to in subsection (2)(d).

163 Certification and training of blasters

The Board may

(a) supervise the training of and train blasters and instructors,

(b) appoint examiners and conduct examinations for the purposes of this section,

(c) issue, renew and amend certificates to blasters and instructors,

(d) enter into arrangements by which other persons provide training, give examinations and issue certificates for the purposes of this section, and

(e) establish fees for the purposes of this section.

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Part 3 Division 9 - Variance Orders

164 Board may authorize variances

(1) On application, the Board may, by order, authorize a variance from a provision of the regulations.

(2) A variance order may be made only if the Board is satisfied that the variance

(a) affords protection for workers equal to or greater than the protection established by the provision being varied, or

(b) has substantially the same purpose and effect as the provision being varied.

(3) A variance order may be made applicable to

(a) a specified workplace, or

(b) a specified work process at all or specified workplaces of a specified employer.

(4) As a limit on the authority under subsection (1), a provision in a regulation of the Lieutenant Governor in Council under this Part may only be varied if this is permitted by regulation of the Lieutenant Governor in Council.

165 Effective period for variance order

(1) Unless another time is established in the order, a variance order ceases to have effect 3 years from the date on which it first comes into effect.

(2) The Board may only establish an effective period longer than 3 years if the application for the variance expressly requested the longer period.

166 Application for variance

(1) Subject to the regulations and subsection (2), an application for a variance must be made in writing to the Board and must include

(a) a description of the requested variance,

(b) a statement of why the variance is requested, and

(c) information with respect to the benefits and drawbacks in relation to the matters addressed by the regulation that might reasonably be anticipated if the variation is allowed.

(2) In the case of an application by a single worker for a variance order that would apply only to that worker, an application may be made as permitted by the Board.

(3) The applicant must also provide the Board with the technical and any other information required by the Board to deal with the application.

167 Notice of application

(1) If the variance would apply to an existing workplace, the applicant must

(a) post a copy of the application at the workplace and keep it posted there until the decision on the requested variance is received by the applicant,

(b) provide a copy to the joint committee or worker representative, as applicable, and

(c) if workers at the workplace are represented by a union, send a copy to the union.

(2) If the variance would apply to a workplace that is not yet in existence, immediately after submitting the application for variance, the applicant must publish a notice of the application, including

(a) a description of the requested variance, and

(b) a statement of why the variance is requested,

where it would reasonably be expected to come to the attention of persons who may be affected by the decision on the requested variance.

168 Consultation on application

(1) After receiving an application for variance, the Board may give notice of the application and conduct consultations respecting that application as the Board considers advisable.

(2) Before making a decision on an application, the Board must provide an opportunity for persons who may be affected by the requested variance to submit to the Board information respecting their position on the requested variance.

(3) A union representing workers who may be affected by the requested variance is considered a person who may be affected for the purposes of subsection (2).

169 Decision on application

(1) The Board must give written reasons for a decision on an application for a variance order.

(2) The Board must give notice of its decision, including the written reasons and any variance order made, to the applicant and to any persons who submitted information under section 168 (2).

(3) The applicant must post a copy of the decision at each workplace to which it relates as follows:

(a) if the application for a variance order was refused, the applicant must keep the decision posted for 7 days or the period required by the order, whichever is longer;

(b) if a variance order was made, the applicant must keep the order and written reasons posted throughout the time the variance is in effect.

170 Legal effect of variance

(1) A variance order authorizes variance from the applicable provision of the regulations

(a) only in accordance with the terms and conditions of the variance order, and

(b) only during the time that there is compliance with its terms and conditions.

(2) For certainty, if the terms and conditions of a variance order are not met, the applicable provision of the regulations applies and the variance order is without effect.

171 Regulations review must consider variance history

The Board must consider the history of variance applications and variance orders as part of its process of regulations review referred to in section 228.

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Part 3 Division 10 - Accident Reporting and Investigation

172 Immediate notice of certain accidents

(1) An employer must immediately notify the Board of the occurrence of any accident that

(a) resulted in serious injury to or the death of a worker,

(b) involved a major structural failure or collapse of a building, bridge, tower, crane, hoist, temporary construction support system or excavation,

(c) involved the major release of a hazardous substance,

(c.1) involved a fire or explosion that had a potential for causing serious injury to a worker, or

(d) was an incident required by regulation to be reported.

(2) Except as otherwise directed by an officer of the Board or a peace officer, a person must not disturb the scene of an accident that is reportable under subsection (1) except so far as is necessary to

(a) attend to persons injured or killed,

(b) prevent further injuries or death, or

(c) protect property that is endangered as a result of the accident.

173 Incidents that must be investigated

(1) An employer must conduct a preliminary investigation under section 175 and a full investigation under section 176 respecting any accident or other incident that

(a) is required to be reported by section 172,

(b) resulted in injury to a worker requiring medical treatment,

(c) did not involve injury to a worker, or involved only minor injury not requiring medical treatment, but had a potential for causing serious injury to a worker, or

(d) was an incident required by regulation to be investigated.

(2) Subsection (1) does not apply in the case of a vehicle accident occurring on a public street or highway.

174 Investigation process

(1) An investigation required under this Division must be carried out by persons knowledgeable about the type of work involved and, if they are reasonably available, with the participation of the employer or a representative of the employer and a worker representative.

(1.1) For the purposes of subsection (1), the participation of the employer or a representative of the employer and a worker representative includes, but is not limited to, the following activities:

(a) viewing the scene of the incident with the persons carrying out the investigation;

(b) providing advice to the persons carrying out the investigation respecting the methods used to carry out the investigation, the scope of the investigation, or any other aspect of the investigation;

(c) other activities, as prescribed by the Board.

(2) Repealed.

(3) The employer must make every reasonable effort to have available for interview by a person conducting the investigation, or by an officer, all witnesses to the incident and any other persons whose presence might be necessary for a proper investigation of the incident.

(4) The employer must record the names, addresses and telephone numbers of persons referred to in subsection (3).

175 Preliminary investigation, report and follow-up action

(1) An employer must, immediately after the occurrence of an incident described in section 173, undertake a preliminary investigation to, as far as possible,

(a) identify any unsafe conditions, acts or procedures that significantly contributed to the incident, and

(b) if unsafe conditions, acts or procedures are identified under paragraph (a) of this subsection, determine the corrective action necessary to prevent, during a full investigation under section 176, the recurrence of similar incidents.

(2) The employer must ensure that a report of the preliminary investigation is

(a) prepared in accordance with the policies of the board of directors,

(b) completed within 48 hours of the occurrence of the incident,

(c) provided to the Board on request of the Board, and

(d) as soon as practicable after the report is completed, either

(i) provided to the joint committee or worker health and safety representative, as applicable, or

(ii) if there is no joint committee or worker health and safety representative, posted at the workplace.

(3) Following the preliminary investigation, the employer must, without undue delay, undertake any corrective action determined to be necessary under subsection (1) (b).

(4) If the employer takes corrective action under subsection (3), the employer, as soon as practicable, must

(a) prepare a report of the action taken, and

(b) either

(i) provide the report to the joint committee or worker health and safety representative, as applicable, or

(ii) if there is no joint committee or worker health and safety representative, post the report at the workplace.

176 Full investigation, report and follow-up action

(1) An employer must, immediately after completing a preliminary investigation under section 175, undertake a full investigation to, as far as possible,

(a) determine the cause or causes of the incident investigated under section 175,

(b) identify any unsafe conditions, acts or procedures that significantly contributed to the incident, and

(c) if unsafe conditions, acts or procedures are identified under paragraph (b) of this subsection, determine the corrective action necessary to prevent the recurrence of similar incidents.

(2) The employer must ensure that a report of the full investigation is

(a) prepared in accordance with the policies of the board of directors,

(b) submitted to the Board within 30 days of the occurrence of the incident, and

(c) within 30 days of the occurrence of the incident, either,

(i) provided to the joint committee or worker health and safety representative, as applicable, or

(ii) if there is no joint committee or worker health and safety representative, posted at the workplace.

(3) The Board may extend the time period, as the Board considers appropriate, for submitting a report under subsection (2)(b) or (c).

(4) Following the full investigation, the employer must, without undue delay, undertake any corrective action determined to be necessary under subsection (1)(c).

(5) If the employer takes corrective action under subsection (4), the employer, as soon as practicable, must

(a) prepare a report of the action taken, and

(b) either

(i) provide the report to the joint committee or worker health and safety representative, as applicable, or

(ii) if there is no joint committee or worker health and safety representative, post the report at the workplace.

177 Employer or supervisor must not attempt to prevent reporting

An employer or supervisor must not, by agreement, threat, promise, inducement, persuasion or any other means, seek to discourage, impede or dissuade a worker of the employer, or a dependant of the worker, from reporting to the Board

(a) an injury or allegation of injury, whether or not the injury occurred or is compensable under Part 1,

(b) an illness, whether or not the illness exists or is an occupational disease compensable under Part 1,

(c) a death, whether or not the death is compensable under Part 1, or

(d) a hazardous condition or allegation of hazardous condition in any work to which this Part applies.

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Part 3 Division 11 - Inspections, Investigations and Inquiries

178 Application of Division

This Division, as it applies in relation to inspections, also applies to investigations and inquiries.

179 Authority to conduct inspections

(1) An officer of the Board may enter a place, including a vehicle, vessel or mobile equipment, and conduct an inspection for the purpose of

(a) preventing work related accidents, injuries or illnesses,

(b) ascertaining the cause and particulars of a work related accident, injury or illness or of an incident that had the potential to cause a work related accident, injury or illness,

(c) investigating a complaint concerning health, safety or occupational environment matters at a workplace, or

(d) determining whether there is compliance with this Part, the regulations or an order.

(2) An inspection may be conducted

(a) at a reasonable hour of the day or night, or

(b) at any other time if the officer has reasonable grounds for believing that a situation exists that is or may be hazardous to workers.

(3) An officer may do one or more of the following for the purposes of an inspection under this Division:

(a) bring along any equipment or materials required for the inspection and be accompanied and assisted by a person who has special, expert or professional knowledge of a matter relevant to the inspection;

(b) inspect works, materials, products, tools, equipment, machines, devices or other things at the place;

(c) take samples and conduct tests of materials, products, tools, equipment, machines, devices or other things being produced, used or found at the place, including tests in which a sample is destroyed;

(d) require that a workplace or part of a workplace not be disturbed for a reasonable period of time;

(e) require that a tool, equipment, machine, device or other thing or process be operated or set in motion or that a system or procedure be carried out;

(f) inspect records that may be relevant and, on giving a receipt for a record, temporarily remove the record to make copies or extracts;

(g) require a person to produce within a reasonable time records in the person's possession or control that may be relevant;

(h) question persons with respect to matters that may be relevant, require persons to attend to answer questions and require questions to be answered on oath or affirmation;

(i) take photographs or recordings of the workplace and activities taking place in the workplace;

(j) attend a relevant training program of an employer;

(k) exercise other powers that may be necessary or incidental to the carrying out of the officer's functions and duties under this Part or the regulations.

(4) The authority to conduct an inspection under this Division is not limited by any other provision of this Part or the regulations giving specific authority in relation to the inspection.

(5) If an officer of the Board requests this, a peace officer may assist the officer in carrying out his or her functions and duties under this Part or the regulations.

180 Officer must produce credentials on request

(1) The Board must provide officers with written credentials of their appointment.

(2) On request, an officer must produce the credentials provided under this section when exercising or seeking to exercise any of the powers conferred on the officer under this Part.

181 Restrictions on access to private residences

(1) If a workplace, in addition to being a workplace, is occupied as a private residence, the authority under section 179 may be used to enter the place only if

(a) the occupier consents,

(b) the Board has given the occupier at least 24 hours' written notice of the inspection,

(c) the entry is made under the authority of a warrant under this Act or the Offence Act, or

(d) the Board has reasonable grounds for believing that the work activities or the workplace conditions are such that there is a significant risk that a worker might be killed or seriously injured or suffer a serious illness.

(2) The authority under section 179 must not be used to enter a place that is occupied as a private residence, but is not a workplace, except with the consent of the occupier or under the authority of a warrant under this Act or the Offence Act.

182 Representation on inspection

(1) Subject to this section, if an officer makes a physical inspection of a workplace under section 179,

(a) the employer or a representative of the employer, and

(b) a worker representative or, if there is no worker representative or the worker representative is not reasonably available, a reasonably available worker selected by the officer as a representative,

are entitled to accompany the officer on the inspection.

(2) A worker is to be considered not reasonably available for the purposes of subsection (1) if the employer objects to that person's participation in the inspection on the basis that it would unduly impede production, but the employer may only object to one person on this ground.

(3) Despite subsection (1), an officer may conduct a physical inspection of a workplace in the absence of a person referred to in that subsection if the circumstances are such that it is necessary to proceed with the inspection without the person.

(4) The time spent by a worker accompanying an officer under this section is deemed to be time worked for the employer, and the employer must pay the worker for that time.

(5) Nothing in this section requires the Board or an officer to give advance notice of an inspection.

(6) If an inspection involves the attendance of an officer at a workplace for a period longer than one day, the rights under this section may be abridged by direction of the officer.

183 Employer must post inspection reports

If an officer makes a written report to an employer relating to an inspection, whether or not the report includes an order, the employer must promptly

(a) post the report at the workplace to which it relates, and

(b) give a copy of the report to the joint committee or worker health and safety representative, as applicable.

184 Person being questioned is entitled to have another person present

(1) A person who is questioned by an officer on an inspection is entitled to be accompanied during the questioning by one other person of his or her choice who is reasonably available.

(2) As a limit on the person's choice under subsection (1), the officer may exclude a person who the officer has questioned or intends to question in relation to the matter.

(3) Subject to subsections (1) and (2), a person may be questioned by the officer either separate and apart from anyone else or in the presence of any other person permitted to be present by the officer.

185 Limited authority to seize evidence without warrant

(1) An officer may seize something without a warrant if

(a) the thing has been produced to the officer or is in plain view, and

(b) the officer has reasonable grounds for believing that this Part, the regulations or an order has been contravened and that the thing would afford evidence of the contravention.

(2) The officer must inform the person from whom a thing is seized under subsection (1) as to the reason for the seizure and must give the person a receipt for the thing.

(3) The officer may remove a thing seized under subsection (1) or may detain it in the place in which it was seized.

(4) As soon as reasonably practicable after something is seized under subsection (1), the officer must bring the thing, or a report of it, before a justice to be dealt with in accordance with the Offence Act as if it were seized pursuant to a warrant under that Act.

186 Assistance on inspection

(1) A person must provide all reasonable means in that person's power to facilitate an inspection under this Part.

(2) A person must not

(a) hinder, obstruct, molest or interfere with, or attempt to hinder, obstruct, molest or interfere with, an officer in the exercise of a power or the performance of a function or duty under this Part or the regulations,

(b) knowingly provide an officer with false information, or neglect or refuse to provide information required by an officer in the exercise of the officer's powers or performance of the officer's functions or duties under this Part or the regulations, or

(c) interfere with any monitoring equipment or device in a workplace placed or ordered to be placed there by the Board.

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Part 3 Division 12 - Enforcement

186.1 Compliance agreements New Item

(1) The Board may enter into an agreement with an employer if the Board considers that

(a) the employer has contravened, or failed to comply with, a provision of this Part or the regulations,

(b) the employer has not contravened, or not failed to comply with, the same provision described in paragraph (a) within the 12 month period immediately preceding the contravention or failure as set out in that paragraph,

(c) the health or safety of workers, for which the employer has responsibilities under this Act, is not at immediate risk, and

(d) entering into the agreement is appropriate in the circumstances.

(2) An agreement entered into under subsection (1)

(a) must be in writing,

(b) must describe one or more actions the employer agrees to take, which may include one or more expenditures the employer agrees to make, to remedy the employer's contravention or failure as setout in subsection (1)(a) or the adverse effects that resulted from that contravention or failure,

(c) must set out the time frame within which the employer, with respect to each action described under paragraph (b) of this subsection, agrees to

(i) take the action, and

(ii) report to the Board on the action taken,

(d) must specify the date the agreement ends,

(e) must set out the required manner, form and content of the report referred to in paragraph (c)(ii) of this subsection, and

(f) may, subject to subsection (4), be amended if agreed to by the Board and the employer.

(3) The employer must, as soon as practicable after

(a) entering into an agreement under subsection (1),

(i) provide a copy of the agreement to the joint committee or worker health and safety representative, as applicable, or

(ii) if there is no joint committee or worker health and safety representative, post a copy of the agreement at the workplace, and

(b) reporting to the Board under subsection (2) (c) (ii),

(i) provide a copy of the report to the joint committee or worker health and safety representative, as applicable, or

(ii) if there is no joint committee or worker health and safety representative, post a copy of the report at the workplace.

(4) The Board must rescind an agreement entered into under subsection (1) if the Board considers that

(a) the employer has failed to

(i) take any of the actions described under subsection (2) (b) within the time frame set out for the action in subsection (2)(c)(i), or

(ii) report to the Board within the time frame set out in subsection (2)(c)(ii),

(b) the employer intentionally provided false or misleading information in relation to the agreement, or

(c) the health or safety of workers is at immediate risk, based on information received by the Board after the agreement was entered into.

(5) The Board may rescind an agreement entered into under subsection (1) if the Board considers that the agreement no longer adequately protects the health or safety of workers.

(6) A rescission of an agreement under subsection (4) or (5) takes effect immediately despite the employer not having received notice.

(7) As soon as practicable after rescinding an agreement under subsection (4) or (5), the Board must

(a) make reasonable efforts to provide verbal notice of the rescission to the employer, and

(b) send written notice of the rescission to the employer.

(8) Section 221 (4) to (6) does not apply to the sending of written notice under subsection (7)(b).

(9) The employer must, as soon as practicable after receiving written notice under subsection (7)(b),

(a) provide a copy of the written notice to the joint committee or worker health and safety representative, as applicable, or

(b) if there is no joint committee or worker health and safety representative, post a copy of the written notice at the workplace.

187 General authority to make orders

(1) The Board may make orders for the carrying out of any matter or thing regulated, controlled or required by this Part or the regulations, and may require that the order be carried out immediately or within the time specified in the order.

(2) Without limiting subsection (1), the authority under that subsection includes authority to make orders as follows:

(a) establishing standards that must be met and means and requirements that must be adopted in any work or workplace for the prevention of work related accidents, injuries and illnesses;

(b) requiring a person to take measures to ensure compliance with this Act and the regulations or specifying measures that a person must take in order to ensure compliance with this Act and the regulations;

(c) requiring an employer to provide in accordance with the order a medical monitoring program as referred to in section 161;

(d) requiring an employer, at the employer's expense, to obtain test or assessment results respecting any thing or procedure in or about a workplace, in accordance with any requirements specified by the Board, and to provide that information to the Board;

(e) requiring an employer to install and maintain first aid equipment and service in accordance with the order;

(f) requiring a person to post or attach a copy of the order, or other information, as directed by the order or by an officer;

(g) establishing requirements respecting the form and use of reports, certificates, declarations and other records that may be authorized or required under this Part;

(h) doing anything that is contemplated by this Part to be done by order;

(i) doing any other thing that the Board considers necessary for the prevention of work related accidents, injuries and illnesses.

(3) The authority to make orders under this section does not limit and is not limited by the authority to make orders under another provision of this Part.

188 Contents and process for orders

(1) An order may be made orally or in writing but, if it is made orally, must be confirmed in writing as soon as is reasonably practicable.

(2) An order may be made applicable to any person or category of persons and may include terms and conditions the Board considers appropriate.

(3) If an order relates to a complaint made by a person to the Board or an officer, a copy of the order must be given to that person.

(4) An officer of the Board may exercise the authority of the Board to make orders under this Part, subject to any restrictions or conditions established by the Board.

189 Notice of variation or cancellation

(1) If the Board varies or cancels an order, it must give notice to the employer or other person in relation to whom the order was made.

(2) If the person given notice under subsection (1) was required by or under this Part to post a copy of the original order or to provide copies of it to a joint committee, worker representative or union, the person must post and provide copies of the notice in accordance with the same requirements.

190 Orders to stop using or supplying unsafe equipment, etc.

(1) If the Board has reasonable grounds for believing that a thing that is being used or that may be used by a worker

(a) is not in safe operating condition, or

(b) does not comply with this Part or the regulations,

the Board may order that the thing is not to be used until the order is cancelled by the Board.

(2) If the Board has reasonable grounds for believing that a supplier is supplying a thing that

(a) is not in safe operating condition, or

(b) does not comply with this Part or the regulations,

the Board may order that supplier to stop supplying the thing until the order is cancelled by the Board.

(3) Despite section 188(1), an order under this section may only be made in writing.

(4) The Board may cancel an order under this section only if it is satisfied that the thing in respect of which the order was made is safe and complies with this Part and the regulations.

191 Orders to stop work

(1) The Board, in accordance with subsection (1.1), may order that

(a) work at a workplace or any part of a workplace stop until the order to stop work is cancelled by the Board, and

(b) if the Board considers this is necessary, the workplace or any part of the workplace be cleared of persons and isolated by barricades, fencing or any other means suitable to prevent access to the area until the danger is removed.

(1.1) The Board may make an order under subsection (1)

(a) if the Board has reasonable grounds for believing there is a high risk of serious injury, serious illness or death to a worker at the workplace, or

(b) if

(i) an employer

(A) has failed to comply with a provision of this Part or the regulations, and

(B) within the 12 month period immediately preceding the failure to comply as set out in clause (A), has failed to comply with

(I) the same provision described in clause (A), and

(II) an order respecting the failure to comply described in subclause (I), and

(ii) the Board has reasonable grounds for believing there is a risk of serious injury, serious illness or death to a worker at the workplace.

(1.2) If the Board makes an order under subsection (1), the Board, with respect to another workplace or any part of another workplace whose employer is the same as the employer at the workplace or any part of the workplace in respect of which the order under subsection (1) was made, may make an order, in accordance with subsections (1.3) and (1.4),

(a) that

(i) work at the other workplace or any part of the other workplace stop until the order to stop work is cancelled by the Board, and

(ii) if the Board considers this is necessary, the other workplace or any part of the other workplace be cleared of persons and isolated by barricades, fencing or any other means suitable to prevent access to the area until the danger is removed, or

(b) prohibiting the employer from starting work at the other workplace or any part of the other workplace.

(1.3) The Board may make an order under subsection (1.2) if the Board has reasonable grounds for believing,

(a) with respect to an order made under subsection (1.2) (a), that, at the other workplace or any part of the other workplace in respect of which that order is made, the same or similar unsafe working or workplace conditions exist as at the workplace or any part of the workplace in respect of which the order under subsection (1) was made, or

(b) with respect to an order made under subsection (1.2) (b), that, at the other workplace or any part of the other workplace in respect of which that order is made, the same or similar unsafe working or workplace conditions would exist as at the workplace or any part of the workplace in respect of which the order under subsection (1) was made.

(1.4) In making an order under subsection (1.2), the Board is not required to specify the address of the other workplace or any part of the other workplace in respect of which the order is made.

(2) If an order is made under subsection (1)(b) or (1.2)(a)(ii), an employer, supervisor or other person must not require or permit a worker to enter the workplace or part of the workplace that is the subject of the order, except for the purpose of doing work that is necessary or required to remove the danger or the hazard and only if the worker

(a) is protected from the danger or the hazard, or

(b) is qualified and properly instructed in how to remedy the unsafe condition with minimum risk to the worker's own health or safety.

(3) Despite section 188 (1), an order under this section

(a) may only be made in writing, and

(b) must be served on the employer, supervisor or other person having apparent supervision of the work or the workplace.

(4) An order under this section expires 72 hours after it is made, unless the order has been confirmed in writing by the Board.

192 Effect of orders on workers

(1) If, as a result of an order made under section 190 or 191, a worker is temporarily laid off, the employer must pay the worker the amount the worker would have earned or, if this cannot be readily determined, the amount the worker would have been likely to earn,

(a) for the day on which the order came into effect and for the next 3 working days during which the order is in effect, or

(b) for a longer period, if this is provided under a collective agreement.

(2) Nothing in this section prevents workers affected by an order referred to in subsection (1) from being assigned to reasonable alternative work during the time that the order is in effect.

193 Posting of orders by officer

(1) An officer may

(a) post at a workplace, or

(b) attach to any product, tool, equipment, machine, device or other thing,

a copy of an order or a notice related to that order.

(2) An order posted or attached under subsection (1) must not be removed except

(a) in accordance with the order, or

(b) by an officer or a person authorized by an officer.

194 Compliance reports

(1) An order may include a requirement for compliance reports in accordance with this section.

(2) The employer or other person directed by an order under subsection (1) must prepare a compliance report that specifies

(a) what has been done to comply with the order, and

(b) if compliance has not been achieved at the time of the report, a plan of what will be done to comply and when compliance will be achieved.

(3) If a compliance report includes a plan under subsection (2) (b), the employer or other person must also prepare a follow-up compliance report when compliance is achieved.

(4) In the case of compliance reports prepared by an employer, the employer must

(a) post a copy of the original report and any follow-up compliance reports at the workplace in the places where the order to which it relates are posted,

(b) provide a copy of the reports to the joint committee or worker health and safety representative, as applicable,

(c) if the reports relate to a workplace where workers of the employer are represented by a union, send a copy to the union, and

(d) if required by the Board, send a copy of the reports to the Board.

195 Suspension or cancellation of certificates

(1) If the Board has reasonable grounds for believing that a person who holds a certificate issued under this Part or the regulations has breached a term or condition of the certificate or has otherwise contravened a provision of this Part or the regulations, the Board may, by order,

(a) cancel or suspend the certificate, or

(b) place a condition on the use of that certificate that the Board considers is necessary in the circumstances.

(2) An order under this section suspending a certificate must specify the length of time that the suspension is in effect or the condition that must be met before the suspension is no longer in effect.

196 Administrative Penalties – higher maximum amount

(1) The Board may, by order, impose on an employer an administrative penalty under this section if the Board is satisfied on a balance of probabilities that

(a) the employer has failed to take sufficient precautions for the prevention of work related injuries or illnesses,

(b) the employer has not complied with this Part, the regulations or an applicable order, or

(c) the employer's workplace or working conditions are not safe.

(2) An administrative penalty which is greater than $628,034.57 must not be imposed under this section.

(3) An administrative penalty under this section must not be imposed on an employer if the employer establishes that the employer exercised due diligence to prevent the circumstances described in subsection (1).

(4) If an employer requests under section 96.2 a review of a decision under subsection (1), the employer must

(a) post a copy of the request for review at the workplace to which the administrative penalty relates,

(b) provide a copy of the request for review to the joint committee or worker health and safety representative, as applicable, and

(c) if the workers at the workplace to which the administrative penalty relates are represented by a union, provide a copy of the request for review to the union.

(5) An employer who has been ordered to pay an administrative penalty under this section must pay the amount of the penalty to the Board for deposit into the accident fund.

(6) If an administrative penalty under this section is reduced or cancelled by a Board decision, on a review requested under section 96.2 or on an appeal to the appeal tribunal under Part 4, the Board must

(a) refund the required amount to the employer out of the accident fund, and

(b) pay interest on that amount calculated in accordance with the policies of the board of directors.

(7) If an administrative penalty under this section is imposed on an employer, the employer must not be prosecuted under this Act in respect of the same facts and circumstances upon which the Board based the administrative penalty.

196.1 Administrative penalties – lower maximum amount New Item

(1) The Board may, by order, impose on an employer an administrative penalty prescribed by a regulation of the Board, which penalty must not be more than $1 010.33, if the Board is satisfied on a balance of probabilities that the employer has failed to comply with a provision of this Part, or the regulations, as specified by a regulation of the Board.

(2) If an employer requests under section 96.2 a review of a decision made under subsection (1) of this section, the employer must

(a) post a copy of the request for review at the workplace to which the administrative penalty relates,

(b) provide a copy of the request for review to the joint committee or worker health and safety representative, as applicable, and

(c) if the workers at the workplace to which the administrative penalty relates are represented by a union, provide a copy of the request for review to the union.

(3) An employer who has been ordered to pay an administrative penalty under this section must pay the amount of the penalty to the Board for deposit into the accident fund.

(4) If an administrative penalty under this section is reduced or cancelled by a Board decision, or on a review requested under section 96.2, the Board must refund the required amount to the employer out of the accident fund.

Section 197 [Repealed]
198 Court injunction

(1) On application of the Board and on being satisfied that there are reasonable grounds to believe that a person

(a) has contravened or is likely to contravene this Part, the regulations or an order, or

(b) has failed to comply with, or is likely to fail to comply with, this Part, the regulations or an order,

the Supreme Court may grant an injunction,

(c) in the case of paragraph (a), restraining the person from continuing or committing the contravention,

(d) in the case of paragraph (b), requiring the person to comply, or

(e) in the case of paragraph (a) or (b), restraining the person from carrying on an industry, or an activity in an industry, within the scope of Part 1 for an indefinite or limited period or until the occurrence of a specified event.

(1.1) For the purposes of granting an injunction respecting a person under subsection (1) (e), a person includes the following:

(a) an individual who is a member of the board of directors of a company as a result of having been elected or appointed to that position;

(b) a person who is a member of the board of directors or other governing body of a corporation other than a company, regardless of the title by which that person is designated;

(c) the chair or any vice chair of the board of directors or other governing body of a corporation, if that chair or vice chair performs the functions of the office on a full-time basis, regardless of the title by which that person is designated;

(d) the president of a corporation, regardless of the title by which that person is designated;

(e) any vice president in charge of a principal business unit of a corporation, including sales, finance or production, regardless of the title by which that person is designated;

(f) any officer of a corporation, whether or not the officer is also a director of the corporation, who performs a policy-making function in respect of the corporation and who has the capacity to influence the direction of the corporation, regardless of the title by which that person is designated;

(g) a person who is not described in any of paragraphs (a) to (f) of this subsection but who performs the functions described in any of those paragraphs, and who participates in the management of a company or corporation, other than a person who

(i) participates in the management of the company or corporation under the direction or control of a shareholder or a person described in any of paragraphs (a) to (f),

(ii) is a lawyer, accountant or other professional whose primary participation in the management of the company or corporation is the provision of professional services to the corporation,

(iii) is, if the company or corporation is bankrupt, a trustee in bankruptcy who participates in the management of the company or corporation or exercises control over its property, rights and interests primarily for the purposes of the administration of the bankrupt's estate, or

(iv) is a receiver, receiver manager or creditor who participates in the management of the company or corporation or exercises control over any of its property, rights and interests primarily for the purposes of enforcing a debt obligation of the company or corporation.

(1.2) For the purposes of subsection (1.1), "company" and "corporation" have the same meaning as in the Business Corporations Act.

(2) An injunction under subsection (1) may be granted without notice to others if it is necessary to do so in order to protect the health or safety of workers.

(3) A contravention of this Part, the regulations or an order may be restrained under subsection (1) whether or not a penalty or other remedy has been provided by this Part.

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Part 3 Division 13 - Reviews

Repealed [B.C. Reg. 320/2002, effective March 3, 2003]

Part 3 Division 14 - Appeals


Repealed [B.C. Reg. 320/2002, effective March 3, 2003]

Part 3 Division 15 - Offences

213 Offence to contravene Part, regulation or order

(1) A person who contravenes a provision of this Part, the regulations or an order commits an offence.

(2) If a corporation commits an offence referred to in subsection (1), an officer, director or agent of the corporation who authorizes, permits or acquiesces in the commission of the offence also commits an offence.

(3) Subsection (2) applies whether or not the corporation is prosecuted for the offence.

214 Limits on prosecutions

(1) The time limit for laying an information in respect of an offence is 2 years after the last occurrence of the act or omission on which the prosecution is based.

(2) An information in respect of an offence may only be laid with the approval of the Board.

215 Defence of due diligence

A person is not guilty of an offence if the person proves that the person exercised due diligence to prevent the commission of the offence.

216 Additional defence for workers

A worker is not guilty of an offence if the worker proves that the offence was committed

(a) as a result of instructions given by the worker's employer or supervisor, and

(b) despite the worker's objection.

217 General penalties

On conviction for an offence, a person is liable to the following penalties:

(a) in the case of a first conviction,

(i) a fine of not more than $687 358.45 and, in the case of a continuing offence, to a further fine of not more than $34 367.96 for each day during which the offence continues after the first day,

(ii) imprisonment for a term not exceeding 6 months, or

(iii) both fine and imprisonment;

(b) in the case of a subsequent conviction,

(i) a fine of not more than $1 374 716.89 and, in the case of a continuing offence, to a further fine of not more than $68 735.85 for each day during which the offence continues after the first day,

(ii) imprisonment for a term not exceeding 12 months, or

(iii) both fine and imprisonment.

218 Additional penalty to reclaim monetary benefit

(1) On conviction for an offence, if the court is satisfied that monetary benefits accrued to the offender as a result of the commission of the offence, the court may order the offender to pay a fine in an amount equal to the estimation by the court of the amount of the monetary benefits.

(2) A fine under subsection (1) is additional to any fine imposed under section 217.

219 Additional powers on sentencing

(1) If a person is convicted of an offence, in addition to any other punishment imposed, the court may, having regard to the nature of the offence and the circumstances surrounding its commission, make an order doing one or more of the following:

(a) directing the person to perform community service in accordance with the requirements established by the court;

(b) directing the person to pay to the Board an amount for the purpose of research or public education related to occupational health and safety;

(c) directing the person to post a bond or pay into court an amount of money the court considers appropriate for the purpose of ensuring compliance with any prohibition, direction or requirement under this section;

(d) directing the person to submit to the Board, on application by the Board within 3 years after the date of the conviction, any information respecting the activities of the person that the court considers appropriate in the circumstances;

(e) directing that the facts relating to the commission of the offence be published by the Board at the expense of the person convicted, subject to any maximum amount or other restrictions established by the court;

(f) prohibiting the person from working in a supervisory capacity at any workplace for a period of not more than 6 months from the date of conviction;

(g) requiring the person to comply with any other conditions that the court considers appropriate for securing the person's good conduct and for preventing the person from repeating the offence or committing other offences under this Part.

(2) An order under subsection (1) comes into force on the day on which it is made or on another day specified by the court, but must not continue in force for more than 3 years after that day.

(3) If the court makes an order under subsection (1) (b) or the Board incurs publication expenses under subsection (1) (e), the amount or expenses constitute a debt due to the Board.

220 Penalties to be paid into accident fund

On receipt of payment of a fine ordered under this Division, the amount must be transferred for deposit into the accident fund.

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Part 3 Division 16 - General


Note: This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act.

Sections 221-223 establish general administrative requirements for orders and regulations. The following are key points from these sections:

Section 221: Service of orders and other documents (summary)

A document is deemed to have been served if it is personally served on the person, sent by mail to the person's last known address or transmitted electronically to the address or fax number requested.

Section 222: Court orders for access (summary)

With a court-issued warrant, an officer may enter a workplace and conduct an inspection, investigation or inquiry, and search for and seize any records or other things relevant to the matter in accordance with the warrant. With a warrant, an officer may also inspect a worker's medical records.

Section 223: Collection by assessment or judgment (summary)

If an employer fails to pay an amount owed to the Board under Part 3, the Board may direct that the amount be levied on the employer as an assessment. The Board may issue a certificate for the amount owed by any person and file that certificate in the Supreme Court.

For details, see Part 3, Division 16 of the Act.

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Part 3 Division 17 - Regulations

224 Cabinet regulations

(1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.

(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:

(a) defining words or expressions used but not defined in this Part;

(b) establishing criteria that must be applied and procedures that must be followed in making decisions under this Part or the regulations;

(c) requiring a greater number for minimum membership of a joint committee as referred to in section 127 (a) and the circumstances when that greater number is required;

(d) establishing additional functions and duties for joint committees as referred to in section 130 (j);

(e) establishing a longer period of educational leave as referred to in section 135 (1);

(f) establishing assistance that must be provided to a joint committee by the employer in addition to the requirements of section 136;

(g) prescribing information that must be included in an occupational health and safety information summary under section 155;

(h) prescribing classes of health professional for the purposes of section 157;

(i) specifying provisions of the regulations of the Lieutenant Governor in Council under this Part for which a variance under Division 9 of this Part may be ordered;

(j) prescribing any decisions or orders under this Act that may be appealed to the appeal tribunal under Part 4, prescribing who may appeal those decisions or orders and prescribing classes of decisions for purposes of section 239 (2) (a);

(k) amending the Act to reflect the deemed amendments under section 25.2;

(k.1) respecting the awarding of costs by the appeal tribunal in an appeal under Part 4;

(k.2) prescribing qualifications of health professionals for purposes of section 249;

(k.3) prescribing the circumstances under which the appeal tribunal may order the Board to reimburse the expenses incurred by a party to an appeal under Part 4;

(l) respecting any other matter for which regulations of the Lieutenant Governor in Council are contemplated by this Act.

225 Board regulations

(1) In accordance with its mandate under this Part, the Board may make regulations the Board considers necessary or advisable in relation to occupational health and safety and occupational environment.

(2) Without limiting subsection (1), the Board may make regulations as follows:

(a) respecting standards and requirements for the protection of the health and safety of workers and other persons present at a workplace and for the well-being of workers in their occupational environment;

(b) respecting specific components of the general duties of employers, workers, suppliers, supervisors, prime contractors and owners under this Part;

(c) requiring employers to prepare written policies or programs respecting occupational health and safety and occupational environment in accordance with the regulations;

(d) regulating or prohibiting the manufacture, supply, storage, handling or use of any tool, equipment, machine or device or the use of any workplace;

(e) respecting standards and requirements for the monitoring of atmospheric or other workplace conditions or to demonstrate compliance with this Part, the regulations or an applicable order;

(f) restricting the performance of specified functions to persons possessing specified qualifications or experience, including establishing certification requirements and establishing or arranging certification and instructor training programs;

(f.1) for the purposes of section 196.1, prescribing administrative penalties or schedules of administrative penalties, any penalty of which must not be more than $1 000, but which penalties or schedules of penalties may

(i) vary according to the nature or frequency of the failure to comply or the number of workers affected by any failure to comply, or

(ii) provide for greater penalties for a second penalty and for third or subsequent penalties in a 3 year period or any other period that may be prescribed;

(g) requiring the preparation, maintenance and submission of records respecting statistical data related to occupational health and safety or occupational environment;

(h) respecting the form and manner of reporting on any matter required to be reported under this Part or the regulations;

(i) respecting any other matter for which regulations, other than regulations of the Lieutenant Governor in Council, are contemplated by this Act.

226 Notice and consultation before Board makes regulation

(1) Before making a regulation under this Part, the Board

(a) must give notice of the proposed regulation in the Gazette and in at least 3 newspapers, of which one must be published in the City of Victoria and one in the City of Vancouver,

(b) must hold at least one public hearing on the proposed regulation, and

(c) may conduct additional consultations with representatives of employers, workers and other persons the Board considers may be affected by the proposed regulation.

(2) A defect or inaccuracy in the notice under subsection (1) (a) or in its publication does not invalidate a regulation made by the Board.

227 When Board regulation comes into force

A regulation of the Board must specify the date on which it is to come into force, which date must be at least 90 days after its deposit under the Regulations Act..

228 Ongoing review of Board regulations

The Board must undertake a process of ongoing review of and consultation on its regulations to ensure that they are consistent with current workplace practices, technological advances and other changes affecting occupational health and safety and occupational environment.

229 Minister may direct Board to consider amendment

(1) The minister may direct the Board to consider whether the Board should make, repeal or amend its regulations in accordance with the recommendations of the minister.

(2) If a direction under subsection (1) is made, the Board must consider the recommendations and report its response to the minister.

(3) If the Board does not make, repeal or amend its regulations as recommended, the Lieutenant Governor in Council may, by regulation, make, repeal or amend the regulations of the Board in accordance with the recommendations of the minister.

(4) On coming into force, a regulation under subsection (3) is deemed to be a regulation of the Board.

230 Authority and application of regulations generally

(1) The authority to make regulations under this Division does not limit and is not limited by the authority to make regulations under another provision of this Part.

(2) Regulations under this Part may do one or more of the following:

(a) be made applicable to employers, workers, suppliers and any other persons working in or contributing to the production of an industry;

(b) be different for different workplaces, industries, activities, persons, things or categories of any of these;

(c) delegate a matter to, or confer a discretion on, the Board, an officer or another person.

(3) A regulation under this Part establishing a standard, code or rule may do so by adopting a standard, code or rule

(a) published by a provincial, national or international body or standards association, or

(b) enacted as or under a law of this or another jurisdiction, including a foreign jurisdiction.

(4) A standard, code or rule referred to in subsection (3)

(a) may be adopted in whole, in part or with any changes considered appropriate, and

(b) may be adopted as it stands at a specific date, as it stands at the time of adoption or as amended from time to time.

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Part 4 - Appeals

Note: Part 4 (Appeals) was brought into effect March 3, 2003 by B.C. Regulation 320/2002.

Part 4 Division 1 - Appeal Tribunal


Note:  This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act.

Sections 231-238 establish the Workers' Compensation Appeal Tribunal, the role of the chair and panels established by the chair, and other administrative matters.

For details, see Part 4, Division 1 of the Act.

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Part 4 Division 2 - Appeal Rights

239 Appeal of review decisions

(1) Subject to subsection (2), a final decision made by a review officer in a review under section 96.2, including a decision declining to conduct a review under that section, may be appealed to the appeal tribunal.

(2) The following decisions made by a review officer may not be appealed to the appeal tribunal:

(a) a decision in a prescribed class of decisions respecting the conduct of a review;

(b) a decision respecting matters referred to in section 16;

(c) a decision respecting the application under section 23(1) of rating schedules compiled under section 23(2) where the specified percentage of impairment has no range or has a range that does not exceed 5%;

(d) a decision respecting commutations under section 35;

(e) a decision respecting an order under Part 3, other than an order

(i) relied upon to impose an administrative penalty under section 196(1),

(ii) imposing an administrative penalty under section 196(1) or

(iii) made under section 195 to cancel or suspend a certificate.

240 Appeal of other Board decisions

(1) A determination, an order, a refusal to make an order or a cancellation of an order made under section 153 may be appealed to the appeal tribunal.

(2) A decision to reopen or not to reopen a matter on an application under section 96(2) may be appealed to the appeal tribunal.

241 Who may appeal

(1) For the purposes of section 239, any of the following persons who is directly affected by a decision of the review officer in respect of a matter referred to in section 96.2(1)(a) may appeal that decision:

(a) a worker;

(b) a deceased worker's dependant;

(c) an employer.

(2) For the purposes of section 239, an employer or an independent operator who is directly affected by a decision of the review officer in respect of a matter referred to in section 96.2(1)(b) may appeal that decision.

(3) For the purposes of section 239, any of the following persons who is directly affected by a decision of the review officer in respect of a matter referred to in section 96.2(1)(c) may appeal that decision:

(a) a worker;

(b) an employer within the meaning of Part 3;

(c) an owner as defined in section 106;

(d) a supplier as defined in section 106;

(e) a union as defined in section 106;

(f) a member of a deceased worker's family.

(4) For the purposes of section 240(1), any of the following persons who is directly affected by a decision or an order referred to in section 240(1) may appeal that decision or order:

(a) a worker;

(b) an employer within the meaning of Part 3;

(c) a union as defined in section 106.

(5) For the purposes of section 240(2), a worker or an employer who is directly affected by a decision referred to in section 240(2) may appeal that decision.

(6) In subsections (1)(c), (2) and (5), "employer" means

(a) an employer as defined in section 1,

(b) a person who is deemed to be an employer under Part 1 or the regulations under that Part, and

(c) the owner and the master of a fishing vessel for which there is crew to whom Part 1 applies as if the crew were workers.

242 How to appeal

(1) A person referred to in section 241 may appeal the decision or order to the appeal tribunal by filing a notice of appeal with the tribunal.

(2) A notice of appeal must

(a) be made in writing or in another form authorized by the appeal tribunal's rules,

(b) identify the decision or order that is being appealed,

(c) state why the decision or order is incorrect or why it should be changed,

(d) state the outcome requested,

(e) contain the name, address and telephone number of the appellant, and if the appellant has an agent to act on the appellant's behalf in respect of the appeal, the name of the agent and a telephone number at which the agent may be contacted during regular business hours,

(f) include an address for delivery of any notices in respect of the appeal, and

(g) be signed by the appellant or the appellant's agent.

(3) If a notice of appeal is deficient the appeal tribunal may allow a reasonable period of time within which the notice may be corrected.

243 Time limit for appeal

(1) A notice of appeal respecting a decision referred to in section 239 must be filed within 30 days after the decision being appealed was made.

(2) A notice of appeal respecting a decision referred to in section 240 must be filed within 90 days after the decision or order being appealed was made.

(3) On application, and where the chair is satisfied that

(a) special circumstances existed which precluded the filing of a notice of appeal within the time period required in subsection (1) or (2), and

(b) an injustice would otherwise result,

the chair may extend the time to file a notice of appeal even if the time to file has expired.

244 No stay of appealed decision

Unless the appeal tribunal orders otherwise, the filing of a notice of appeal under section 242 does not operate as a stay or affect the operation of the decision or order under appeal.

244.1 Appeal rights to workers for decisions pre-dating 2004 amendments

(1) In this section:

"decision" means

(a) a review officer's decision referred to in section 241 (1), (2) or (3),

(b) a decision or an order referred to in section 241 (4), or

(c) a decision referred to in section 241 (5)

made between March 3, 2003 and the date that this section comes into force;

"employer" has the same meaning as in section 241 (6).

(2) Despite section 243 but subject to this section,

(a) a worker,

(b) a deceased worker's dependant,

(c) a member of a deceased worker's family, or

(d) an employer

who is or was directly affected by a decision may appeal that decision to the appeal tribunal by filing a notice of appeal with the tribunal in accordance with section 242 (2).

(3) A notice of appeal under subsection (2) must be filed before expiry of one of the following periods, as applicable:

(a) if the appeal is in respect of a decision referred to in section 241 (1), (2) or (3), 30 days from the date that this section comes into force;

(b) if the appeal is in respect of a decision or order referred to in section 241 (4) or (5), 90 days from the date that this section comes into force.

(4) Section 244 and Divisions 3 and 4 of this Part apply in respect of an appeal filed under this section.

(5) This section does not apply in respect of

(a) a worker,

(b) a deceased worker's dependant,

(c) a member of a deceased worker's family, or

(d) an employer

to whom section 241 applied immediately before this section came into force.

(6) This section may be repealed by regulation of the Lieutenant Governor in Council.

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Part 4 Division 3 - Appeal Procedure


Note: This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act.

Sections 245-253 establish procedures for the appeal tribunal, including Board records and policies, the conduct of an appeal, the power to compel witnesses, the role of an employers' adviser or group of employers as the deemed employer, the role of a health professional in an appeal, the application of policies of the board of directors to an appeal, and the suspension of proceedings.

The following sections are particularly noteworthy:

Section 245: Board records and policies (summary)

The Board must provide the appeal tribunal with copies of current policies. The appeal tribunal must notify the Board of an appeal. The Board must provide the appeal tribunal and parties to the appeal with a copy of records respecting the matter under appeal.

Section 246: Proceedings (summary)

The appeal tribunal may conduct an appeal in the manner it considers necessary, including conducting hearings in writing or orally with the parties present or by teleconference or videoconference, receiving evidence, requesting the Board to investigate further, requiring a pre-hearing conference or disclosure, recommending an alternative dispute process, and referring matters back to the Board.

Section 253: Decision (summary)

The appeal tribunal may confirm, vary or cancel the appealed decision or order. The appeal tribunal may decide that the matter must or may not be reopened. Final decisions will have written reasons. The final appeal must be made within 180 days after the appeal tribunal receives the records, or a shorter time if prescribed by the Lieutenant Governor in Council. The chair may extend the time for not more than 45 days in certain circumstances.

For details, see Part 4, Division 3 of the Act.

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Part 4 Division 4 - General


Note: This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act.

Sections 254-260 establish the appeal tribunal's jurisdiction, the reconsideration of certain completed appeals, the timing of payment of compensation, the payment of interest on refunds, and the confidentiality of information in an appeal.

For details, see Part 4, Division 4 of the Act.

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