This archived statute consolidation is current to July 16, 2002 and includes changes enacted and in force by that date. For the most current information, click here.

WORKERS COMPENSATION ACT

[RSBC 1996] CHAPTER 492

Contents

Section

1 

Definitions

Part 1 — Compensation to Workers and Dependants

Division 1 — Scope of this Part

2 

Application

3 

Extending application

4 

Fishing industry

Division 2 — Compensation

5 

Compensation for personal injury

5.1  Mental stress

6 

Occupational disease

7 

Loss of hearing

8 

Injuries happening out of Province

8.1 

Interjurisdictional agreements and arrangements by the Board

9 

Election

10 

Limitation of actions, election and subrogation

11 

Certification to court

12 

Worker who is minor is sui juris

13 

Compensation cannot be waived

14 

No contribution from workers

15 

Compensation not assignable or liable to attachment

16 

Vocational rehabilitation

Division 3 — Scale of Compensation

17 

Compensation in fatal cases

18 

Addition to payments

19 

Surviving spouse of a deceased worker

19.1  Period for making payments under sections 17 to 19

20 

Proof of existence of dependants

21 

Health care

22 

Permanent total disability

23 

Permanent partial disability or disfigurement

23.1  Period of payment for total or partial disability
23.2  Retirement benefits
23.3  Payment of retirement benefits
23.4  Handling of money to be paid as retirement benefit
23.5  Retirement services and supports

24 

Reconsidering benefits

25 

General indexing factor

25.1  Alternate indexing factor — death of a worker
25.2  Variation of dollar amounts for other than fatalities
25.3  Variation of dollar amounts for fatalities

26 

Transitional

27 

Transitional

28 

Publish in Gazette

29 

Temporary total disability

30 

Temporary partial disability

31 

Maximum compensation

31.1  Termination of periodic payments

32 

Recurrence of disability

33 

Average earnings

33.1  General rule for determination of average earnings
33.2  Exception to section 33.1(2) — apprentice or learner
33.3  Exception to section 33.1 (2) — employed less than 12 months
33.4  Exception to section 33.1 (2) — exceptional circumstances
33.5  Exception to section 33.1 — casual worker
33.6  Exception to section 33.1 — person with coverage under section 2 (2)
33.7  Exception to section 33.1 — person without earnings
33.8  Determination of average net earnings — initial period of injury
33.9  Determination of average net earnings — long term injury
33.91  Schedule or procedure for determining average net earnings

34 

Deduction from compensation in certain cases

35 

Manner of payment of compensation

35.1  Transitional

Division 4 — Accident Fund and Assessments

36 

Accident fund

37 

Classification of industries

38 

Employer to furnish estimate of payrolls

39 

Assessment for accident fund

40 

Assessment by notice

41 

[Repealed]

42 

Classification of rates

43 

Power to vary rates

44 

Temporary industries

45 

Collection of assessments by suit or summarily

46 

Power to restrain industry where default

47 

Penalty for default in payment or return

48 

Class accounts

49 

Adjustment of assessments

50 

Collection from contractors

51 

Contractor liability

52 

Priority as to amounts due Board

Division 5 — Procedure and Miscellaneous

53 

Worker's notification of injury

54 

Employer's notification of injury

55 

Application for compensation

56 

Duty of physician or practitioner

57 

Worker to submit to examination

57.1  Obligation to provide information

58 

Medical review panels

59 

Appointing panels

60 

Examination

61 

Decision

62 

Costs of examination

63 

Deceased worker

64 

Non-medical facts

65 

Certificates conclusive

66 

Regulations

67 

Accounting and investment of excess funds

68 

Audit of accounts

69 

Annual report

70-72 

[Repealed]

73 

Levy from employer to cover amount of compensation

74 

[Repealed]

75 

Orders

76 

Effective date of regulations

77 

Liability of officers

78 

Penalties

Division 6 — Workers' Compensation Board

79 

Definitions

80 

Board

81 

Governors

82 

Powers of the governors

83 

Meetings

83.1 

Appointment of public administrators

84 

President

85 

Appeal division

85.1 

Practice and procedure

85.2 

Panels

86 

Staff

87 

Witnesses

88 

Inquiry

89 

Workers' Compensation Review Board

90 

Appeal to review board

91 

Appeal to appeal division

92 

Payment of compensation

93 

Review board funding and administration

94 

Workers' advisers and employers' advisers

95 

Secrecy

96 

Jurisdiction of Board

96.1 

Reconsideration by appeal division

97 

Statutory powers

98 

Discontinuance or suspension of payments

99 

Legal precedent not binding

100 

Costs

101 

Notices and service

Part 2 — Liability of Employers in Industries Not Within the Scope of Part 1

102 

Application

103 

Liability of employer

104 

Common law rules abrogated

105 

Contributory negligence to be considered

Part 3 — Occupational Health and Safety

Division 1 — Interpretation and Purposes

106 

Definitions

107 

Purposes of Part

108 

Application of Part

109 

Review of Part and regulations

110 

Relationship with Part 1

Division 2 — Board Mandate

111 

Board's mandate under this Part

112 

Annual report

113 

Board jurisdiction under this Part

114 

Co-operative agreements

Division 3 — General Duties of Employers, Workers and Others

115 

General duties of employers

116 

General duties of workers

117 

General duties of supervisors

118 

Coordination at multiple-employer workplaces

119 

General duties of owner

120 

General duties of suppliers

121 

Duties of directors and officers of a corporation

122 

General obligations are not limited by specific obligations

123 

Persons may be subject to obligations in relation to more than one role

124 

Responsibility when obligations apply to more than one person

Division 4 — Joint Committees and Worker Representatives

125 

When a joint committee is required

126 

Variations in committee requirements

127 

Membership of joint committee

128 

Selection of worker representatives

129 

Selection of employer representatives

130 

Duties and functions of joint committee

131 

Joint committee procedure

132 

Assistance in resolving disagreements within committee

133 

Employer must respond to committee recommendations

134 

Time from work for meetings and other committee functions

135 

Educational leave

136 

Other employer obligations to support committee

137 

Committee reports

138 

Employer must post committee information

139 

Worker health and safety representative

140 

Participation of worker representative in inspections

Division 5

141-149 

[Not in force]

Division 6 — Prohibition Against Discriminatory Action

150 

Actions that are considered discriminatory

151 

Discrimination against workers prohibited

152 

Complaint by worker against discriminatory action or failure to pay wages

153 

Response to complaint

Division 7 — Information and Confidentiality

154 

Posting of information

155 

Occupational health and safety information summary

156 

Information that must be kept confidential

157 

Information that must be provided in a medical emergency

Division 8 — Miscellaneous Authority

158 

Regulations in relation to hazardous and other substances

159 

Certification and training of first aid attendants and instructors

160 

Installation and maintenance of required first aid equipment

161 

Medical monitoring programs

162 

Medical certification requirements

163 

Certification and training of blasters

Division 9 — Variance Orders

164 

Board may authorize variances

165 

Effective period for variance order

166 

Application for variance

167 

Notice of application

168 

Consultation on application

169 

Decision on application

170 

Legal effect of variance

171 

Regulations review must consider variance history

Division 10 — Accident Reporting and Investigation

172 

Immediate notice of certain accidents

173 

Incidents that must be investigated

174 

Investigation process

175 

Incident investigation report

176 

Follow-up action and report

177 

Employer or supervisor must not attempt to prevent reporting

Division 11 — Inspections, Investigations and Inquiries

178 

Application of Division

179 

Authority to conduct inspections

180 

Officer must produce credentials on request

181 

Restrictions on access to private residences

182 

Representation on inspection

183 

Employer must post inspection reports

184 

Person being questioned is entitled to have another person present

185 

Limited authority to seize evidence without warrant

186 

Assistance on inspection

Division 12 — Enforcement

187 

General authority to make orders

188 

Contents and process for orders

189 

Notice of cancellation

190 

Orders to stop using or supplying unsafe equipment, etc.

191 

Orders to stop work

192 

Effect of orders on workers

193 

Posting of orders by officer

194 

Compliance reports

195 

Suspension or cancellation of certificates

196 

Administrative penalties

197 

Special rules for review of orders in relation to administrative penalties

198 

Court injunction

Division 13 — Reviews

199 

What decisions are reviewable

200 

Who may apply for a review

201 

Applying for a review

202 

Board to have application dealt with by reviewing officer

203 

Generally a review does not operate as a stay

204 

Notice to other persons

205 

Review process

206 

Decision on review

Division 14 — Appeals

207 

What decisions are appealable to appeal tribunal

208 

Who may bring an appeal

209 

Applying for an appeal

210 

Generally an appeal does not operate as a stay

211 

Appeal process

212 

Decision on an appeal

Division 15 — Offences

213 

Offence to contravene Part, regulation or order

214 

Limits on prosecutions

215 

Defence of due dilligence

216 

Additional defence for workers

217 

General penalties

218 

Additional penalty to reclaim monetary benefit

219 

Additional powers on sentencing

220 

Penalties to be paid into accident fund

Division 16 — General

221 

Service of orders and other documents

222 

Court orders for access

223 

Collection by assessment or judgment

Division 17 — Regulations

224 

Cabinet regulations

225 

Board regulations

226 

Notice and consultation before Board makes regulation

227 

When Board regulation comes into force

228 

Ongoing review of Board regulations

229 

Minister may direct Board to consider amendment

230 

Authority and application of regulations generally

Schedule A [Repealed]

Schedule B

Schedule C

Schedule D


Copyright (c) 2002: Queen’s Printer, Victoria, British Columbia, Canada