Table of Contents - Workers Compensation Act

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Workers Compensation Act

[RSBC 2019] CHAPTER 1

Deposited with Clerk of the Legislative Assembly on August 23, 2019

[Note: the dollar amounts shown in sections 94, 95, 102, 167, 169, 170 to 175, 191, 194, 208, 213, 225, 231, 236, 251 and 349 may not reflect the current consumer price index adjustments referred to in section 333, and the maximum wage rate shown in section 209 (2) and 227 may not be current.

Current information may be found on the Workers' Compensation Board website at www.worksafebc.com/en/law-policy/claims-rehabilitation/claims-related-consumer-price-index or may be obtained by calling your WorkSafeBC regional office.]

Contents
Part 1 — Scope of Act
	Division 1 — Interpretation
	1	Definitions
	1.1	Online platform workers
	Division 2 — Scope of OHS Provisions
	2	General application of OHS provisions
	3	Exceptions from application — mines and industrial camps
	Division 3 — Scope of Compensation Provisions
	4	General application of compensation provisions
	5	Extending application: public interest undertakings
	6	Extending application: vocational or training programs
	7	Extending application: work study and other programs
	8	Application to fishing industry
	Division 4 — Liability of Employers in Industries Not Within the Scope of Compensation Provisions
	9	Application of this Division
	10	Legal actions against employer
	11	Legal actions in relation to work done under contract
	12	Override and application of common law rules
Part 2 — Occupational Health and Safety
	Division 1 — Interpretation and Purposes
	13	Definitions in relation to OHS provisions
	14	Purposes of OHS provisions
	15	Review of OHS provisions and regulations
	16	Relationship with compensation provisions
	Division 2 — Board Mandate
	17	Board mandate under OHS provisions
	18	Cooperation agreements and arrangements
	Division 3 — Board Jurisdiction
	19	Exclusive jurisdiction of Board in relation to OHS provisions
	20	Board authority to change previous decisions
	Division 4 — General Duties of Employers, Workers and Others
	21	General duties of employers
	22	General duties of workers
	23	General duties of supervisors
	24	Coordination at multiple-employer workplaces
	25	General duties of owners
	26	General duties of suppliers
	27	Duties of directors and officers of a corporation
	28	General obligations are not limited by specific obligations
	29	Person may be subject to obligations in relation to more than one role
	30	Responsibility when obligations apply to more than one person
	Division 5 — Joint Committees and Worker Representatives
	31	General requirement for employer to establish joint committee
	32	Variations in committee requirements
	33	Membership of joint committee
	34	Selection of worker representatives
	35	Selection of employer representatives
	36	Duties and functions of joint committee
	37	Joint committee procedure
	38	Board assistance in resolving disagreements within committee
	39	Employer must respond to committee recommendations
	40	Time from work for meetings and other committee functions
	41	Educational leave for committee members
	42	Other employer obligations to support committee
	43	Committee reports
	44	Employer must post committee information
	45	Worker health and safety representative
	46	Participation of alternate for worker representative
	Division 6 — Worker Protection in Relation to Prohibited Actions
	47	Prohibited action
	48	Worker protection from prohibited action
	49	Complaint by worker respecting prohibited action or failure to pay wages
	50	Response to complaint
	Division 7 — Information Requirements
	51	Requirement to post information
	52	Occupational health and safety information summary
	53	Information that must be kept confidential
	54	Information that must be provided in a medical emergency
	Division 8 — Certification and Other Specific Authorities
	55	Certification and training of first aid attendants and instructors
	56	Installation and maintenance of required first aid equipment
	57	Medical monitoring programs
	58	Medical certification requirements
	59	Certification and training of blasters
	59.01	Certification and training related to asbestos abatement
	Division 8.1 — Licensing in Relation to Asbestos Abatement
	59.02	Definition in relation to licensing
	59.03	Licence required
	59.04	How to apply for licence
	59.05	Licence may be issued
	59.06	Refusal of licence
	59.07	Suspension or cancellation of licence
	59.08	Notice of licensing decisions
	59.09	Registry of licensees
	Division 9 — Variance Orders
	60	Board may authorize variances from regulations
	61	Effective period for variance order
	62	Application for variance
	63	Notice of application
	64	Consultation on application
	65	Decision on application
	66	Legal effect of variance
	67	Board regulations review must consider variance history
	Division 10 — Employer Accident Reporting, Investigation and Related Prohibitions
	68	Immediate notice of certain accidents
	69	Incidents that must be investigated
	70	Investigation process
	71	Preliminary investigation, report and follow-up action
	72	Full investigation, report and follow-up action
	73	Employer or supervisor must not attempt to prevent reporting or making claims
	Division 11 — Board Inspections, Investigations and Inquiries
	74	Application of Division
	75	Authority to conduct inspections
	76	Restrictions on access to private residences
	77	Officer must produce credentials on request
	78	Representation on inspection
	79	Assistance on inspection
	80	Person being questioned is entitled to have another person present
	81	Limited authority to seize evidence without warrant
	81.1	Warrants — investigations
	82	Employer must post inspection reports
	Division 12 — Enforcement
	83	Compliance agreements with employers
	84	General authority to make orders
	85	Other general matters relating to orders
	86	Posting of orders by officer
	87	Notice of variation or cancellation of order
	88	Order may require compliance reports
	89	Order to stop using or supplying unsafe equipment
	90	Stop-work orders
	91	Related stop-operation orders
	92	Restrictions on stop-work orders and stop-operation orders
	93	Effect of stop-work orders and stop-operation orders on workers
	94	Administrative penalties — OHS citations
	95	Administrative penalties — higher maximum amount
	96	Suspension or cancellation of certificates
	97	Court injunction on application of Board
	Division 13 — Offences
	98	Offence to contravene OHS provision, regulation or order
	99	Limits on prosecutions
	100	Defence of due diligence
	101	Additional defence for workers
	102	General penalties
	103	Additional penalty to reclaim monetary benefit
	104	Additional powers on sentencing
	104.1	Court may consider victim impact statements
	105	Penalties to be paid into accident fund
	Division 14 — General Matters
	106	Court orders for access
	107	Costs of investigations, inspections and other services
	108	Collection by assessment or judgment
	Division 15 — Regulations for OHS and Other Purposes
	109	Lieutenant Governor in Council regulations
	110	Board regulations generally
	111	Board regulations in relation to hazardous and other substances
	112	Board regulations in relation to OHS citations
	113	Notice and consultation before Board makes regulation
	114	When Board regulation comes into force
	115	Ongoing review of Board regulations
	116	Minister may direct Board to consider changes to its regulations
	117	Authority and application of regulations generally
Part 3 — Workers' Compensation System
	Division 1 — General Rules Respecting Compensation System
	118	No contribution from workers
	119	Compensation cannot be waived
	120	Compensation not assignable or liable to attachment
	121	Compensation for injured worker who is a minor
	Division 2 — Board Jurisdiction and Other Authorities
	122	Exclusive jurisdiction of Board in relation to compensation provisions
	123	Board authority to reconsider previous decisions
	124	Board authority to set aside decision or order
	125	Board authority to reopen matter: recurrence of injury or significant change in medical condition
	Division 3 — Legal Effect of Workers' Compensation System
	126	Definitions for purposes of this Division
	127	Limitation on legal proceedings against employers or workers
	128	Worker or dependant may bring action against other persons or elect to claim compensation under this Act
	129	Circumstances where compensation may be paid after action is settled
	130	Board has right of action if compensation is claimed
	131	Constraint on recovery if some fault attributable to employer or other worker
	132	Limitation on legal proceedings by employer of injured or deceased worker
	133	Amounts to be awarded in legal proceedings under this Division
Part 4 — Compensation to Injured Workers and Their Dependants
	Division 1 — Compensation for Injury, Mental Disorder and Occupational Disease
	134	Compensation for personal injury or death
	135	Mental disorder
	136	Occupational disease: general compensation rules
	137	Schedule 1: presumption of occupational disease related to specified process or industry
	138	Board powers in relation to recognition of occupational diseases
	139	Firefighters: presumptions respecting heart injury and heart disease
	140	Firefighters: presumptions respecting lung cancer and other diseases
	141	Mining industry silicosis
	142	Lung disease from exposure to dust conditions
	143	Death of worker with occupational disease that impairs the lungs
	144	Communicable disease: presumption in relation to testing order
	145	Non-traumatic hearing loss
	146	Compensation if injury or disease superimposed on already existing disability
	Division 2 — Compensation in Relation to Work Outside British Columbia
	147	Injuries happening outside British Columbia
	148	Election if compensation available under law of other place
	Division 3 — Reporting of Injury or Disease and Process for Claiming Compensation
	149	Worker obligation to give notice of injury or disease to employer
	150	Employer obligation to report injury or disease to Board
	151	Application for compensation: form of application and time for making application
	152	Special circumstances: new evidence relating to occupational disease
	153	Worker has continuing obligation to provide information
	154	Worker obligation to comply with examination and treatment requirements
	Division 3.1 — Return to Work and Other Duties in Relation to Injured Workers
	154.1	Definition and application
	154.2	Duty to cooperate
	154.3	Duty to maintain employment
	154.4	Conflict with collective agreement
	154.5	Administrative penalties respecting this Division
	154.6	Regulations in relation to the duty to maintain employment
	Division 4 — Vocational Rehabilitation, Health Care and Other Assistance
	155	Vocational rehabilitation and other assistance
	156	Health care for injured worker
	157	Board powers in relation to provision of health care
	158	Emergency care by physician or qualified professional
	159	Employer authority and obligations in relation to health care
	160	Health care by physician or qualified practitioner selected by worker
	161	Replacement, repair and provision of physical assistance items
	162	Retirement services and supports for workers with total disability
	163	Duties of physicians and qualified practitioners
	164	Obligations of health care service providers
	Division 5 — Compensation in Relation to Death of Worker
	165	Definitions and other interpretation rules
	166	Payment towards funeral and related expenses
	167	Lump sum payment to dependent spouse or foster parent
	168	Compensation payable to dependants of deceased worker
	169	Dependent spouse who is 50 years of age or older or is incapable of earning, no dependent children
	170	Dependent spouse who is under 50 years of age and not incapable of earning, no dependent children
	171	Dependent spouse and one or more dependent children
	172	One or more dependent children but no dependent spouse
	173	Compensation to dependent parents in addition to spouse or children
	174	No dependent spouse or child: compensation to other dependants
	175	Compensation to persons other than dependants
	176	Compensation to foster parent and dependent children
	177	Apportionment between dependants
	178	Dependent spouse living apart from worker at the date of death
	179	Restriction on compensation to spouse living in marriage-like relationship
	180	Worker leaves more than one dependent spouse
	181	Change in circumstances: dependent spouse and dependent children — reduction in number of dependent children
	182	Change in circumstances: spouse ceases to have dependent children
	183	Change in circumstances: spouse and dependent children — spouse dies
	184	Change in circumstances: only dependent children — reduction in number of dependent children
	185	Change in circumstances: dependent spouse ceases to be incapable of earning
	186	Compensation in relation to the death of more than one worker
	187	Board authority in relation to dependent spouse who has impairment of earning capacity
	188	Proof of dependant status
	189	Board authority in relation to matters not otherwise dealt with
	Division 6 — Compensation for Worker Disability
	190	Compensation subject to general rules
	191	Temporary total disability
	192	Temporary partial disability
	193	Recurrence of temporary disability more than 3 years after injury
	194	Permanent total disability
	195	Permanent partial disability: general rules
	196	Permanent partial disability: exception to general rules
	197	Permanent disability or increase in permanent disability occurring more than 3 years after injury
	198	Non-traumatic hearing loss: compensation where no resulting loss of earnings and compensation where earnings affected
	199	Permanent disfigurement
	200	Maximum compensation in the case of further disability
	201	Payment period for worker disability compensation
	202	Deductions in relation to Canada Pension Plan disability benefit
	203	Reconsideration of prescribed compensation claims
	204	Retirement benefit in relation to permanent disability
	205	Worker contributions to retirement benefit
	206	Payment of retirement benefit
	207	Board administration of money to be paid as retirement benefit
	Division 7 — Worker's Average Earnings and Earning Capacity
	208	Determination of worker's average earnings and earning capacity
	209	Annual determination of maximum wage rate for average earnings
	210	Average earnings: short-term compensation
	211	Average earnings: long-term compensation
	212	Worker without earnings: short-term and long-term compensation
	213	Worker in public interest undertaking: short-term and long-term compensation
	214	Casual worker: short-term and long-term compensation
	215	Employer or independent operator with purchased coverage: short-term and long-term compensation
	216	Worker who is apprentice or learner: long-term compensation
	217	Worker employed for less than 12 months: long-term compensation
	218	Exceptional circumstances: long-term compensation
	219	Determination if multiple rules apply
	Division 8 — Average Net Earnings of Worker
	220	Average net earnings: short-term compensation
	221	Average net earnings: long-term compensation
	222	Schedule or procedure for determining average net earnings
	Division 9 — Transitional and Related Compensation Matters
	223	Periodic payments awarded before 1966 for permanent injury
	224	Workers receiving health care before April 1, 1972
	225	Compensation in relation to worker death before July 1, 1974
	226	Compensation in relation to hearing loss before September 1, 1975
	227	Compensation in relation to worker injury before January 1, 1986
	228	Compensation in relation to worker death before June 30, 2002
	229	Compensation in relation to worker injury before June 30, 2002
	Division 10 — Compensation Payments and Other General Matters
	230	Manner of compensation payment: periodic or lump sum
	231	Payment of compensation in specific circumstances
	231.1	Payment of interest
	232	Board authority to discontinue, suspend or otherwise deal with compensation payments
	233	Deduction in relation to payments from employer
	234	Restriction on compensation in relation to injury or death from warlike actions
	235	Confidentiality obligations in relation to compensation claims information
	236	Penalties in relation to offences under the compensation provisions
	237	Additional Board authority for compensation orders, directives, rules and regulations
	238	Effective date of Board's compensation regulations
Part 5 — Accident Fund and Employer Assessment
	Division 1 — Accident Fund and Assessments for Purposes of Fund
	239	Accident fund
	240	Board estimate of amounts needed for accident fund
	241	Annual employer assessments for accident fund purposes
	242	Additional assessment amounts
	243	General rules in relation to assessments
	244	Classification of industries
	245	Employer obligation to provide payroll estimates and reports
	246	Use of payroll information for purpose of assessment
	247	Variation of assessment rates
	248	Class accounts for accident fund
	Division 2 — Special Assessment Rules
	249	Compensation charged to different employer class or subclass
	250	Apportionment in other circumstances
	251	Levy of contribution from specific employer
	Division 3 — Collection of Assessments
	252	Assessment notice to employers
	253	Assessment operates by Board notice
	254	Annual adjustment of assessments
	255	Interest may be charged on amounts owed on assessment
	255.1	Demand on third party
	255.2	Failure to comply with demand
	256	Collection after change in owners or employers
	257	Collection from municipal contractors
	258	Contractor and other liability for assessment
	258.1	Director's liability
	259	Employer still liable if assessment not made
	260	Temporary industries — requirement for payment or security
	261	Penalty for default in payment or return
	262	Employer assessment in relation to injury not reported as required
	263	Employer payment for compensation provided during period of default
	264	Collection of assessments by legal action or certificate
	265	Priority as to amounts due to the Board
	266	Court order restraining industry if employer defaults
Part 6 — Review of Board Decisions
	267	Definitions in relation to reviews
	268	Requests for review
	269	Who may request a review
	270	Making request for a review
	271	General matters in relation to requests for review
	272	Conduct of review
	273	Reconsideration directed by chief review officer
	274	Delegation of chief review officer's powers and duties
	275	Payment of compensation following review
	276	Effect of review in relation to employer payment obligations
Part 7 — Appeals to Appeal Tribunal
	Division 1 — Appeal Tribunal
	277	Definitions
	278	Appeal tribunal and membership
	279	End of appointment to appeal tribunal
	280	Role of appeal tribunal chair
	281	Delegation of chair's powers and duties
	282	Appeal tribunal staff
	283	Compensation and expenses of appeal tribunal members
	284	Finances for appeal tribunal administration and operation
	285	Appeal panels
	286	Annual report to minister
	Division 2 — Appeal Rights
	287	Definitions in relation to appeals
	288	Review decisions that may be appealed
	289	Other Board decisions that may be appealed
	290	Who may appeal: matters related to OHS provisions
	291	Who may appeal: matters related to compensation provisions
	292	How to appeal
	293	Time limit for appeal
	294	General rule: appeal does not stay decision
	Division 3 — Appeal Procedure
	295	Board provision of policies and records
	296	Application of Administrative Tribunals Act to appeal tribunal
	297	Appeal tribunal proceedings
	298	Evidence admissible in appeal tribunal proceedings
	299	Witnesses and production of information
	300	Deemed employer
	301	Health professional assistance to appeal tribunal
	302	Health professional assistance in specific cases
	303	Appeal tribunal decision making
	304	Application of policies of the board of directors
	305	Suspension of appeal proceedings pending Board decision
	306	Decision on appeal
	307	Amendment to final decision
	Division 4 — General
	308	Exclusive jurisdiction of appeal tribunal
	309	Appeal tribunal decision or action final
	310	Reconsideration of appeal tribunal decision
	311	Request for appeal tribunal certification to court
	312	Payment of compensation following appeal
	313	Effect of appeal in relation to employer payment obligations
	314	Confidentiality obligations
	315	Regulations respecting this Part
Part 8 — Workers' Compensation Board and General Matters
	Division 1 — Workers' Compensation Board and Board of Directors
	316	Workers' Compensation Board and its board of directors
	317	Voting directors
	318	Term of office and remuneration for voting directors
	319	Policies of the board of directors
	320	General responsibilities of the board of directors
	321	Meetings and other proceedings of the board of directors
	322	Standard of care obligations for directors
	323	Board president appointment and responsibilities
	324	Delegation by board of directors or president
	Division 2 — Board Administration
	325	Annual service plan
	326	Annual report to minister
	327	Financial management
	328	Audit requirement
	329	Board may appoint officers and other employees
	330	Board must appoint review officers
	331	Superannuation fund
	332	Protection for Board, directors, officers and employees
	Division 3 — Other Board Powers and Responsibilities
	333	Annual adjustment of dollar amounts referred to in Act
	334	Annual adjustment of periodic payment amounts
	335	Interjurisdictional agreements and arrangements
	336	Exercise of powers under federal Acts or agreements
	337	Information respecting Board activities
	Division 4 — Board Practices, Procedures and Related Matters
	338	Board practices and procedures
	339	Board decision making
	340	Protection of Board proceedings
	341	Authority to act on advice of officers and persons conducting inquiries
	342	Authority to compel witnesses and production of evidence
	343	Authority to award costs in relation to contested matters
	344	Service of orders and other documents
	345	Alternative dispute resolution
	Division 5 — Board Inquiry Powers
	346	General inquiry authority
	347	Examinations and other inquiries respecting employer information
	348	Oaths, affidavits and other declarations in relation to inquiries
	349	Confidentiality obligations in relation to inquiries
	Division 6 — Workers' Advisers, Employers' Advisers and Other Assistance
	350	Workers' advisers and employers' advisers
	351	Role of workers' advisers
	352	Role of employers' advisers
	353	Information and confidentiality rules for advisers and staff
	354	Lay advocates
	Division 7 — Fair Practices Commissioner
	355	Definitions
	356	Fair practices commissioner
	357	Annual report of fair practices commissioner
Schedule 1
Schedule 2
Revision Schedules
Consumer Price Index Adjustments