WORKERS COMPENSATION ACT

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