Workers' Compensation Legislation - by Topic | AWCBC
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Association of Workers' Compensation Boards of Canada
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Workers' Compensation Legislation - by Topic

Definitions from Workers' Compensation Legislation
 
 
 
 
Workers' Compensation Legislative & Policy  Concordance Table
 
 
 
 
 
 
Comparison of Workers' Compensation Legislation & Policy
 
 
 
 
Structure of Canadian Workers' Compensation Acts
 
 
 
 
 
This table lists all workers’ compensation Acts, regulations and schedules for each jurisdiction and provides links to each Act, regulation and schedule.
 
 
 
 
 
 
This table outlines the structure of each jurisdiction’s Workers’ Compensation Act, including whether industry exclusions, industry inclusions and industrial diseases are in Regulations or schedules.
 
 
 
 
Corporation / Board of Directors (Governance)
 
 
 
 
 
 
 
 
This table identifies legislation, policy and links to additional information about Board of Directors (governance) at each of the provincial and territorial WCBs.
 
 
 
 
 
 
 
This table identifies which minister the WCB reports to.
 
 
 
 
 
 
 
This table outlines the structure and composition of the Board of Directors at each of the provincial and territorial WCBs. It includes such things as: how many members represent workers, employers and general public; whether members are full time or part time; and who has voting rights.
 
 
Powers, Duties and Jurisdiction
 
 
 
 
 
 
These tables describe the statutory powers and duties of each WCB and how exclusive jurisdiction works in each province/territory. Exclusive jurisdiction refers to each WCB having authority over the administration of workers’ compensation in that province/territory.
 
 
 
 
 
 
 
This table outlines the role of the courts in workers’ compensation decisions.
 
 
 
 
 
 
 
 
This table identifies the roles and duties of the Board of Directors at each of the Canadian WCBs/Commissions.
 
 
 
 
 
 
These tables discuss whether each WCB administers legislation other than provincial/territorial workers’ compensation legislation (such as the federal Government Employees Compensation Act or the provincial/territorial Occupational Health and Safety Act).
 
 
 
 
 
 
This table identifies whether the government or the WCB is responsible for OH&S in each province and territory. It outlines who is responsible for each of the following: enforcement; regulations; training/education; prevention; and funding.
 
 
 
 
 
 
This table outlines the decision making process at each WCB and includes information such as whether decisions are made in writing.
 
 
 
 
 
 
These tables describe access to information and confidentiality of information at each province including: access to information (for workers and employers); divulging of information by WCB, and privileged communication.
 
 
 
Financial / Annual Reports
 
 
 
 
 
These tables outline legislative provisions for annual reports, auditors and actuarial evaluations.
 
 
 
Funds / Reserves
 
 
 
 
 
These tables discuss the Fund (i.e. accident fund, injury fund, etc) and reserves at each WCB.
 
 
 
 
 
 
 
This table outlines the general appeal process for workers’ compensation decisions in each province and territory. It identifies the external and internal appeal bodies in each jurisdiction and links to policy, legislation and additional resources for appeal information.
 
 
 
 
 
 
 
This table gives detailed comparisons of external appeal bodies. It includes information on the structure and composition of each appeal body and on the review process in each jurisdiction. External appeal bodies refer to appeal bodies outside of the Workers’ Compensation Board/Commission.
 
 
 
 
 
 
 
 
This table gives detailed comparisons of internal appeal bodies. It includes information on the structure and composition of each appeal body and on the review process in each jurisdiction. Internal appeal bodies refer to appeal bodies within the Workers’’ Compensation Board/Commission.
 
 
 
 
 
 
 
 
These tables describe workers’ advisors, workers’ advocates and employers’ advisors and employers’ advocates in each province and territory.
 
 
 
 
 
 
 
 
This table describes mediation in each province/territory.
 
 
Right of Action (& Subrogation)
 
 
 
 
 
 
These tables provide information on: rights of action; actions against 3rd parties; subrogation; motor vehicle accidents; and actions against contractors/subcontractors.
 
 
 
 
 
 
 
 
This table identifies sections from each jurisdiction's legislation and policy that relate to interjurisdictional workers’ compensation (i.e. workers’ compensation between provinces and territories).
 
 
 
 
 
 
 
This table gives an overview of work injuries that occur across provincial or territorial borders.
 
 
Compensation Principles and Presumptions
 
 
 
 
 
 
This table describes general presumptions in workers’ compensation legislation and policy including: misconduct, ‘out of or in the course of’, and if a worker is found deceased at work.
 
 
 
 
 
 
This table provides links to regulations, legislation and policy related to firefighter presumptions in each province and territory.
 
 
 
 
 
 
 
 
 
 
 
 
This table gives details about occupational disease (also called industrial disease) in each province and territory, including: the definition of occupational disease, the method of adjudicating occupational disease claims and links to policy, schedules, regulations and legislation related to occupational disease.
 
 
 
 
 
 
 
 
 
 
This table outlines when workers’ compensation may be awarded for stress in each province and territory
 
 
Filing, Reporting and Notice of a Claim
 
 
 
 
 
 
These tables describe the requirements for reporting an injury or disease to the Workers’ Compensation Board or Commission for workers, dependants, employers and healthcare providers.
 
 
Basis of Compensation
 
 
 
 
 
 
Payment of Compensation Benefits
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Survivor Benefits / Death Benefits
 
 
 
 
 
 
Adjustments of Existing Compensation Payments
 
 
 
 
 
 
Medical Aid / Healthcare and Medical Examinations
 
 
 
 
 
 
These tables describe medical aid and healthcare for work injuries including transportation to treatment, medical examinations and review on medical grounds.
 
 
 
 
 
 
This table links to first aid regulations as well as legislation and policy related to first aid.
 
 
Rehabilitation / Return to Work
 
 
 
 
 
 
 
Scope of Coverage
 
 
 
 
 
 
Assessment / Premiums
 
 
 
 
 
 
Individually Liable Employers (Self-Inurers)
 
 
 
 
 
 
 
 
 
 
Accounts, Records and Reports
 
 
 
 
 
 
 
 
 
 
 
Assessment / Premiums
 
 
 
 
 
 
 
 
 
 
 
Collection of Assessment
 
 
 
 
 
 
 
 
Penalties and Fines
 
 
 
 
 
 
 
These tables describe the penalties, fines and offences found in workers’ compensation legislation and policy for employers, workers and healthcare providers.
 
 
 
 
 
 
 
 
 
 
 
These tables relate to workers’ compensation regulations including: who makes regulations to the Workers’ Compensation Act; what matters are set out in the regulations; and the timing (i.e. the effective date) of regulations.
 
 
 
External Review / Advisory Committees
 
 
 
 
 
 
 
This table outlines whether each province and territory requires a periodic review of its workers’ compensation legislation.
 
 
 
Employer Associations
 
 
 
 
 
 
 
This table discusses employer associations in each province and territory.
 
 
 
Compilation of all AWCBC Legislation & Policy Tables
 
 
 
 
 
Legislation - compilation of all AWCBC Legislation & Policy Tables  *Coming soon for 2012
 
 
 
 

***DISCLAIMER*** All efforts have been made to ensure that the information contained in these tables is current and accurate, and has been designed for general information purposes only. The AWCBC makes no representations as to the completeness or accuracy of the information (which is not exhaustive) and individual workers' compensation boards/commissions should be contacted for specific or additional information and clarification.
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