Workers Compensation Act

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
	6.1	Firefighters’ occupational disease presumption
	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	11	Repealed
	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	25.1	Repealed
	25.2	Variation of dollar amounts
	25.3	Repealed
	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
	35.2	Transitional — death of worker
	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	Repealed
	59–62	Repealed
	63	Repealed
	64–66	Repealed
	67	Accounting and investment of excess funds
	68	Audit
	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	Repealed
	80	Board
	81	Board of directors
	82	Powers and duties of board of directors
	82.1	Service plans
	83	Meetings
	83.1	Repealed
	84	Standard of care of the directors
	84.1	President
	85–85.2	Repealed
	86	Staff
	87	Witnesses
	88	Inquiry
	89–93	Repealed
	94	Workers' advisers and employers' advisers
	94.1	Lay advocates
	95	Secrecy
	96	Jurisdiction of Board
	96.1	Repealed
	96.2	Request for reviews
	96.3	Who may request review
	96.4	Conduct of review
	96.5	Reconsideration
	96.6	Delegation of chief review officer's powers and duties
	97	Statutory powers
	98	Discontinuance or suspension of payments
	99	Board decision-making
	100	Costs
	101	Repealed
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	Cooperation 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 variation or 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	Repealed
	198	Court injunction
	Division 13 and 14
	199–212	Repealed
	Division 15 — Offences
	213	Offence to contravene Part, regulation or order
	214	Limits on prosecutions
	215	Defence of due diligence
	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
Part 4 — Appeals
	Division 1 — Appeal Tribunal
	231	Definitions
	232	Appeal tribunal established
	233	End of appointment
	234	Role of chair
	235	Appeal tribunal staff
	236	Compensation and expenses of members
	237	Finances
	238	Panels
	Division 2 — Appeal Rights
	239	Appeal of review decisions
	240	Appeal of other Board decisions
	241	Who may appeal
	242	How to appeal
	243	Time limit for appeal
	244	No stay of appealed decision
	244.1	Appeal rights to workers for decisions pre-dating 2004 amendments
	Division 3 — Appeal Procedure
	245	Board records and policies
	245.1	Application of Administrative Tribunals Act to appeal tribunal proceedings
	246	Proceedings
	246.1	Evidence admissible in appeal tribunal proceedings
	247	Witnesses
	248	Deemed employer
	249	Health professional assistance
	250	Appeal tribunal decision-making
	251	Application of policies of board of directors
	252	Suspension of appeal proceedings
	253	Decision
	253.1	Amendment to final decision
	Division 4 — General
	254	Exclusive jurisdiction
	255	Appeal tribunal decision or action final
	256	Reconsideration of appeal decision
	257	Certification to court
	258	Payment of compensation
	259	Payment of interest
	260	Confidentiality obligation
Schedule A
Schedule B
Schedule C
Schedule D

Workers Compensation Act

[RSBC 1996] CHAPTER 492