Bill 27 - An Act Respecting Addressing Recommendations in the Report of the Task Force on WorkSafeNB

BILL 27

An Act Respecting Addressing Recommendations in the Report of the Task Force on WorkSafeNB

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

Blind Workers’ Compensation Act

1 The Blind Workmen’s Compensation Act, chapter 101 of the Revised Statutes, 2014, is amended by adding after section 8 the following:

Review of Act

9( 1) On or before January 1, 2020, and every five years after that, a comprehensive review of the provisions of this Act shall be undertaken in a manner determined by the Commission.

9( 2) Within two years after a review is undertaken, the Commission shall submit a report on the review to the Minister of Post-Secondary Education, Training and Labour, including a statement of any changes that the Commission recommends.

Firefighters’ Compensation Act

2 The Firefighters’ Compensation Act, chapter F-12.5 of the Acts of New Brunswick, 2009, is amended by adding after section 60 the following:

Review of Act

60.1( 1) On or before January 1, 2020, and every five years after that, a comprehensive review of the provisions of this Act shall be undertaken in a manner determined by the Commission.

60.1( 2) Within two years after a review is undertaken, the Commission shall submit a report on the review to the Minister of Post-Secondary Education, Training and Labour, including a statement of any changes that the Commission recommends.

Occupational Health and Safety Act

3( 1) The Occupational Health and Safety Act, chapter O-0.2 of the Acts of New Brunswick, 1983, is amended by adding after section 14 the following:

Approved organizations that provide educational programs

14.01 With respect to an educational program prescribed by the regulations, the Commission may approve

aan organization to deliver the educational program,

bthe content and duration of the educational program delivered by the approved organization, and

cany other term and condition on which an approved organization may deliver the educational program.

3( 2) The heading “NOTICES” preceding section 43 of the Act is repealed and the following is substituted:

NOTICES AND OTHER INFORMATION

3( 3) The Act is amended by adding after section 44 the following:

Commission shall provide web address to employers on registration

44.1 When a person notifies the Commission under subsection 53.1(1) of the Workers’ Compensation Act of commencing or recommencing a business or undertaking, the Commission shall provide the employer with the web address for the bilingual version of this Act published online by the Queen’s Printer.

3( 4) The Act is amended by adding before section 48 the following:

Publishing information relating to convictions

47.3 The Commission shall publish on the website of the Commission the following information in respect of convictions under this Act:

athe name of the person convicted;

ba description of the offence; and

cthe penalty imposed.

3( 5) The Act is amended by adding after section 50 the following:

REVIEW OF ACT

Review of Act

50.1( 1) On or before January 1, 2021, and every five years after that, a comprehensive review of the provisions of this Act shall be undertaken as determined by the Commission.

50.1( 2) Within two years after a review is undertaken, the Commission shall submit a report on the review to the Minister of Post-Secondary Education, Training and Labour, including a statement of any changes that the Commission recommends.

Regulation under the Occupational Health and Safety Act

4 Section 3 of New Brunswick Regulation 2007-33 under the Occupational Health and Safety Act is repealed and the following is substituted:

Delivery of program

3 The educational program shall be one that is delivered by

athe Commission,

ban employee at a place of employment who has been approved by the Commission to deliver the program for that place of employment, or

can organization approved by the Commission.

Silicosis Compensation Act

5 The Silicosis Compensation Act, chapter 221 of the Revised Statutes, 2011, is amended by adding after section 2 the following:

Review of Act

2.1( 1) On or before January 1, 2020, and every five years after that, a comprehensive review of the provisions of this Act shall be undertaken as determined by the Workplace Health, Safety and Compensation Commission.

2.1( 2) Within two years after a review is undertaken, the Workplace Health, Safety and Compensation Commission shall submit a report on the review to the Minister of Post-Secondary Education, Training and Labour, including a statement of any changes that the Workplace Health, Safety and Compensation Commission recommends.

Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act

6( 1) Section 8 of the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act, chapter W-14 of the Acts of New Brunswick, 1994, is amended

ain subsection (1)

( i) by repealing paragraph (b) and substituting the following:

bfour or more persons from among those persons nominated by the board of directors in accordance with paragraph (1.03)(a), and

( ii) by repealing paragraph (c) and substituting the following:

cfour or more persons from among those persons nominated by the board of directors in accordance with paragraph (1.03)(b).

bby adding after subsection (1.01) the following:

8( 1.02) Before making nominations under this section, the board of directors shall advise the Lieutenant-Governor in Council of

athe skills and qualifications required of the board of directors as a whole in order for the board to carry out its functions, and

bthe skills and qualifications required of nominees for the board of directors position or positions to be filled.

8( 1.03) In making nominations under this section, the board of directors shall

afor an appointment under paragraph (1)(b), select a person who has been nominated by one or more stakeholders that represent workers,

bfor an appointment under paragraph (1)(c), select a person who has been nominated by one or more stakeholders that represent employers,

cuse a merit-based and objective approach,

densure that the board of directors as a whole has the necessary skills and qualifications to carry out its functions, and

eprovide to the Lieutenant-Governor in Council a description of the recruitment, assessment and selection process used and the results of those processes.

6( 2) The Act is amended by adding after section 18 the following:

Performance audit

18.1( 1) Beginning in 2024, and every five years after that, the Auditor General shall conduct a performance audit.

18.1( 2) The scope of a performance audit shall be determined by the Auditor General in consultation with the Commission.

18.1( 3) The Commission shall pay the costs and expenses incurred in connection with a performance audit.

6( 3) The Act is amended by adding after section 19.1 the following:

INTERNAL REVIEW

Internal review

19.11( 1) A person directly affected by a decision, order or ruling of the Commission referred to in paragraph 21(1)(a), (b) or (b.1) may request a review of that decision, order or ruling.

19.11( 2) A request for review shall be made within 90 days after the decision, order or ruling of the Commission referred to in subsection (1) is made.

19.11( 3) A request for review shall

abe in writing,

bbe addressed to the Commission,

cset out clearly the reasons for the review and all facts relative to it, and

dbe made in a form and in the manner determined by the Commission.

19.11( 4) The procedure for a request for review under this section shall be determined by the Commission.

19.11( 5) The Commission shall make a decision on a review as soon as circumstances permit after the Commission receives the request for review.

19.11( 6) On making its decision, the Commission shall

aconfirm, vary, revoke or suspend the decision, order or ruling in relation to which the review was requested, and

bprovide written reasons for the decision to the person who requested the review.

19.11( 7) The Commission may extend the time period referred to in subsection (2) if it considers that the delay is justified.

19.11( 8) A request for review does not operate as a stay of the decision, order or ruling under review.

19.11( 9) No person shall appeal a decision, order or ruling of the Commission referred to in paragraph 21(1)(a), (b) or (b.1) to the Appeals Tribunal before a final decision is made by the Commission in a request for review under this section.

6( 4) Section 21 of the Act is amended

ain subsection (1) in the portion preceding paragraph (a) by striking out “subsections (1.1) and (2)” and substituting “subsections (1.1), (1.11) and (2)”;

bby adding after subsection (1.1) the following:

21( 1.11) If a request for review is made under section 19.11, the one-year period referred to in subsection (1.1) commences on the date the person who requested the review is provided written reasons for the decision.

6( 5) The Act is amended by adding after section 26 the following:

Review of Act

26.1( 1) On or before the coming into force of this section, and every five years after that, a comprehensive review of the provisions of this Act shall be undertaken in a manner determined by the Commission.

26.1( 2) Within one year after a review is undertaken, the Commission shall submit a report on the review to the Minister of Post-Secondary Education, Training and Labour, including a statement of any changes that the Commission recommends.

Workers’ Compensation Act

7( 1) Section 1 of the Workers’ Compensation Act, chapter W-13 of the Revised Statutes, 1973, is amended by repealing the definition “Canada Pension Plan” and substituting the following:

“Canada Pension Plan” means the Canada Pension Plan, chapter C-8 of the Revised Statutes of Canada, 1985, and any regulations under that Act, and includes the Québec Pension Plan; (Régime de pensions du Canada)

7( 2) Subsection 38.22 of the Act is amended

aby repealing subsection (14) and substituting the following:

38.22( 14) Subject to subsection (15), the pension provided under this section shall be in addition to and not in lieu of any retirement pension provided under the Canada Pension Plan and the Old Age Security Act.

bby adding after subsection (14) the following:

38.22( 15) If compensation or benefits payable by the Commission under section 38.11 or 38.2 are reduced under subsection 38.91(1), the calculation of a pension under this section shall not include the amount of that disability pension.

7( 3) Subsection 38.91(1) of the Act is repealed and the following is substituted:

38.91( 1) If a worker is receiving compensation or benefits payable by the Commission under section 38.11 or 38.2 and begins to receive a pension benefit under the Canada Pension Plan after the injury or recurrence of an injury, any compensation or benefits payable by the Commission under section 38.11 or 38.2 shall be reduced by that proportion of the amount the worker receives under the Canada Pension Plan that the estimated loss of earnings bears to the average net earnings, as determined by the Commission.

7( 4) The Act is amended by adding the following after section 50:

REVIEW OF ACT

Review of Act

50.1( 1) On or before January 1, 2020, and every five years after that, a comprehensive review of the provisions of this Act shall be undertaken in a manner determined by the Commission.

TRANSITIONAL PROVISION AND COMMENCEMENT

Transitional provision

8 Despite any inconsistency with a provision of this Act, if the process for the appointment of a member of the board of directors of the Workplace Health, Safety and Compensation Commission was commenced under the provisions of the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act before the coming into force of this section, the appointment process shall be dealt with and the person appointed as though section 8 of the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act had not been amended by this Act.

Commencement

9 Subsections 6(3) and (4) of this Act come into force on January 1, 2020.