Bill 53 - An Act to Amend the Workplace Health, Safety and Compensation Commission and Workers' Compensation Appeals Tribunal Act

BILL 53

An Act to Amend the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act

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

1 Section 7 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 paragraph (b) by striking out “the Workers’ Compensation Act and the Occupational Health and Safety Act” and substituting “ the Workers’ Compensation Act, the Firefighters’ Compensation Act and the Occupational Health and Safety Act”;

bby repealing paragraph (c) and substituting the following:

cdevelop, approve or conduct educational programs designed to promote an awareness of occupational health and safety,

2 Section 9 of the Act is amended

aby repealing subsection (2) and substituting the following:

9( 2) A member of the board of directors, other than the Chairperson of the board of directors and the President and Chief Executive Officer of the Commission, shall be appointed for a term of up to five years.

bby adding after subsection (3) the following:

9( 3.1) When a position on the board of directors becomes vacant, the person appointed to fill the position shall be appointed for a term of up to five years.

cby repealing subsection (5) and substituting the following:

9( 5) The members of the board of directors are eligible for reappointment for two additional terms of up to three years each.

dby repealing subsection (7);

eby repealing subsection (7.1).

3 Subsection 12(2) of the Act is repealed.

4 Subsection 13(1) of the Act is amended by striking out “at least six times in each calendar year” and substituting “at least quarterly in each calendar year”.

5 Subsection 15(1) of the Act is amended in the portion preceding paragraph (a) by striking out “the Commission may indemnify” and substituting “the Commission shall indemnify”.

6 Section 19 of the Act is amended

aby repealing subsection (1);

bby repealing subsection (2);

cin subsection (4)

( i) by repealing paragraph (a);

( ii) by repealing paragraph (b);

( iii) in paragraph (c) by striking out “the first day of June in each succeeding year” and substituting “June 30 of each year”;

( iv) in paragraph (c.1) by striking out “the first day of June in each year” and substituting “June 30 of each year”;

( v) in paragraph (d) by striking out “the reports referred to in paragraphs (a), (b), (c) and (c.1)” and substituting “the reports referred to in paragraphs (c) and (c.1)”.

7 Section 19.11 of the Act is amended

aby repealing subsection (1) and substituting the following:

19.11( 1) A person directly affected by a decision, order or ruling of the Commission may request a review by the Commission when the decision, order or ruling, as the case may be, is made

aunder this Act,

bunder the Workers’ Compensation Act and affects the rights of an employer, a worker or a dependent, including a decision, order or ruling imposing or otherwise dealing with an administrative penalty imposed under section 82.1 of that Act, or

cunder the Firefighters’ Compensation Act and affects the rights of a firefighter, former firefighter or a dependant or a municipality, rural community or regional municipality.

bby repealing subsection (2) and substituting the following:

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

cin subsection (4) of the French version by striking out “d’une décision” and substituting “d’une décision ou d’une ordonnance”;

din paragraph (6)a) of the French version by striking out “la décision” and substituting “la décision ou l’ordonnance”;

ein subsection (8) of the French version by striking out “de la décision” and substituting “de la décision ou de l’ordonnance”;

fby adding after subsection (8) the following:

19.11( 8.1) A person may appeal a decision of the Commission on a review under subsection (5) to the Appeals Tribunal.

gby repealing subsection (9).

8 Section 21 of the Act is amended

ain subsection (1)

( i) in the portion preceding paragraph (a) by striking out “but subject to subsections (1.1), (1.011), (1.11) and (2)” and substituting “but subject to subsections (1.1), (1.4) and (2)”;

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

aa decision of the Commission on a review under subsection 19.11(5),

( iii) by repealing paragraph (b);

( iv) by repealing paragraph (b.1);

bby repealing subsection (1.1) and substituting the following:

21( 1.1) An appeal under paragraph (1)(a) shall be made no later than one year after the date the Commission provides written reasons for the decision under subsection 19.11(6) to the person who requested the review, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.

cby repealing subsection (1.011);

dby repealing subsection (1.11);

eby adding after subsection (1.2) the following:

21( 1.3) The one-year period referred to in subsection (1.1) commences on the date the Commission provides written reasons for the decision under subsection 19.11(6) to the person who requested the review.

21( 1.4) Despite subsection (1.1), an appeal of a decision on a review dealing with an administrative penalty imposed under section 82.1 of the Workers’ Compensation Act shall be made no later than seven days after the decision.

21( 1.5) The seven-day period referred to in subsection (1.4) commences on the date the Commission provides written reasons for the decision under subsection 19.11(6) to the person who requested the review.