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Home › Publications › OHS Regulation › Workers Compensation Act - Excerpts and Summaries

Workers Compensation Act - Excerpts and Summaries

Part 3 Division 1 - Interpretation and Purposes

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Definitions
106

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;

Note:  This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act. Under Part 1, an "employer" is any person who has one or more persons working for them in or about an industry, through either a hiring contract or an apprenticeship contract. The contract can be written or oral, express or implied.

"hazardous substance" includes

(a) a controlled 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;

Note:  This box contains a summary of part of the Workers Compensation Act. It does not use the exact wording of the Act. Under Part 1, a "worker" includes: - any person who is in a contract of service or apprenticeship; - any learner who, although not under a contract of service or apprenticeship, becomes subject to the hazards of an industry while undergoing training or probationary work specified or stipulated by the employer as a preliminary to employment; - any member of a fire brigade or an ambulance driver or attendant working with or without remuneration, when serving any of the following organizations, or a board or commission conducting work on behalf of these organizations: a municipality, an urban area, an improvement district or a regional district under the Municipal Act, a board of school trustees, a Francophone education authority as defined in the School Act, a library board, a parks board, or the City of Vancouver; - any person receiving instruction in mine rescue work under the direction or with the written approval of the employer; - any person participating, with the express or implied consent of the employer, in a mine rescue following an incident that endangers life or property, irrespective of whether, during the rescue, the person is entitled to receive wages from the employer, or from any employer, or is a volunteer; - any member of a mine inspection committee appointed or elected by the workers in the mine to inspect the mine on behalf of the workers; - any independent operator admitted by the Board, who is neither an employer nor a worker; - any person enrolled in a vocational or training program approved by the Minister of Education, Skills and Training and the Minister of Labour and attending program at its designated location, when deemed a worker by the Board at the request of either minister.

"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.

Purposes of Part
107

(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.

Application of Part
108

(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 April 1, 2004]

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

Review of Part and regulations
109

(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.

Relationship with Part 1
110

(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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Disclaimer: WorkSafeBC ("Workers' Compensation Board of B.C.") publishes the online version Occupational Health and Safety Regulation ("OHS Regulation") in accordance with its mandate under the Workers Compensation Act to provide information and promote public awareness of occupational health and safety matters. The online OHS Regulation is not the official version of the OHS Regulation, which may be purchased from Crown Publications.

WorkSafeBC endeavours to update the online OHS Regulation as soon as possible following any legislative amendments. However, WorkSafeBC does not warrant the accuracy or the completeness of the online OHS Regulation, and neither WorkSafeBC nor its board of directors, employees or agents shall be liable to any person for any loss or damage of any nature, whether arising out of negligence or otherwise, arising from the use of the online OHS Regulation.

Employers are legally obligated to make a copy of the Workers' Compensation Act and the OHS Regulation readily available for review by workers. The circumstances under which WorkSafeBC may consider an employer's providing access to electronic versions of the Act and OHS Regulation to have satisfied this obligation are described in Guideline G-D3-115(2)(f).