50.1.1 (1) In this section, “Board” means the Workplace Safety and Insurance Board, continued under subsection 159 (1) of the Workplace Safety and Insurance Act, 1997, despite the definition of “Board” in subsection 1 (1) of this Act. 2021, c. 9, s. 3. Reimbursement for paid leave (2) An employer may apply to the Board, in accordance with this section, to be reimbursed for payments made to an employee for paid leave taken under subsection 50.1 (1.2). 2021, c. 9, s. 3. Same, maximum (3) An employer is entitled to be reimbursed for payments made to an employee for paid leave taken under subsection 50.1 (1.2) up to a maximum of $200 per day, per employee. 2021, c. 9, s. 3. Same, exclusion (4) Despite subsection 50.1 (1.9), an employer is not entitled to be reimbursed for payments made to an employee on or after the day the COVID-19 Putting Workers First Act, 2021
receives Royal Assent for a paid leave of absence under an employment contract in circumstances for which the employee would also be entitled to take a leave under subsection 50.1 (1.2). 2021, c. 9, s. 3. Same, exclusion re change to employment contract (5) If, under an employment contract that was in effect on April 19, 2021, an employee was entitled to a paid leave of absence in circumstances for which the employee would also be entitled to take a leave under subsection 50.1 (1.2), but due to a change to the employment contract on or after April 19, 2021, the employee is no longer entitled to some or all of the paid leave of absence that the employee was entitled to before the change, the employer is not entitled to be reimbursed for payments made to that employee for a paid leave of absence, whether the leave is taken under subsection 50.1 (1.2) or under the employment contract, to the extent that the employee was entitled to the leave of absence under the employment contract before the change. 2021, c. 9, s. 3. Same, exclusion re payments made under the Workplace Safety and Insurance Act, 1997 (6) An employer is not entitled to be reimbursed for payments made to an employee for paid leave taken under subsection 50.1 (1.2) if the employee received benefits under the Workplace Safety and Insurance Act, 1997 for the days of leave. 2021, c. 9, s. 3. Application for reimbursement (7) An application under this section shall be made by filing the following with the Board: 1.  A completed application in the form approved by the Board. 2.  An attestation, to be completed by the employer in the form approved by the Board that, i.  confirms that the employer made a payment to the employee for paid leave taken under subsection 50.1 (1.2), ii.  specifies the dates on which the leave was taken by the employee, iii.  specifies the date on which the payment was made and the amount of the payment made, and iv.  confirms that, on or after April 19, 2021, the employer was not otherwise required under an employment contract to make the payment to the employee. 3.  A record of the payment made to the employee in the form approved by the Board. 4.  Information about claims filed with the Board under the Workplace Safety and Insurance Act, 1997 in respect of the employee. 5.  Any other information required by the Board. 2021, c. 9, s. 3. Time limit (8) An application under this section shall be made within 120 days of the payment in respect of which the application is made. 2021, c. 9, s. 3. Same, final date for application (9) Despite subsection (8), no application under this section shall be made by an employer or accepted by the Board, (a)  after January 25, 2022; (b)  if a later date is prescribed for the purposes of subsection 50.1 (5.2), 120 days after that later date; or (c)  if an additional period is prescribed for the purposes of subsection 50.1 (5.3), 120 days after the last day of that period. 2021, c. 9, s. 3. No determination if application incomplete (10) The Board shall not make a determination regarding an employer’s entitlement to reimbursement under this section if the employer’s application does not meet the requirements of subsection (7) or is not filed within the time limits set out in subsections (8) and (9). 2021, c. 9, s. 3. Determination of entitlement (11) The Board shall make a determination regarding an employer’s entitlement to reimbursement under this section after receiving the employer’s application and shall advise the employer of its determination in writing after making its determination. 2021, c. 9, s. 3. Same, payment (12) If the Board determines that an employer is entitled to be reimbursed under this section, the Board shall pay the employer the amount to which the employer is entitled. 2021, c. 9, s. 3. No right of reconsideration or appeal (13) A determination made by the Board regarding an employer’s entitlement to reimbursement under this section is not a final decision of the Board for the purposes of the Workplace Safety and Insurance Act, 1997 and an employer has no right of reconsideration by, or appeal to, the Board or the Workplace Safety and Insurance Appeals Tribunal in respect of a determination made by the Board under this section. 2021, c. 9, s. 3. Hearing not required (14) The Board is not required to hold a hearing when making a determination or exercising a power under this section. 2021, c. 9, s. 3. No complaint (15) Section 96 does not apply to a determination made by the Board under this section. 2021, c. 9, s. 3. Overpayments (16) If the Board pays an employer an amount in excess of the amount to which the employer is entitled under this section, the amount of the excess is an overpayment and is an amount owing under this Act. 2021, c. 9, s. 3. Same (17) If the Board pays an employer an amount under this section and the employee in respect of whom the employer was paid subsequently receives benefits under the Workplace Safety and Insurance Act, 1997 for the days of leave for which the employer was paid, the amount of the payment to the employer is an overpayment and is an amount owing under this Act. 2021, c. 9, s. 3. Same (18) An overpayment made by the Board under this section may be recovered from the employer by the Board or the Ministry in accordance with the prescribed process. 2021, c. 9, s. 3. Ministry to make payments to Board (19) The Ministry shall make payments to the Board to defray the costs of administering this section, including the cost of payments made to employers and the administration costs of the Board. 2021, c. 9, s. 3. Same, appropriation (20) Money required to defray the costs of administering this section shall be paid out of the money appropriated by the Ministry from the Consolidated Revenue Fund for that purpose by the Legislature. 2021, c. 9, s. 3. Repayment by Board (21) On or before the prescribed date, the Board shall pay the Ministry any amounts paid to the Board under subsection (19) that are no longer required for the purpose of administering this section. 2021, c. 9, s. 3. Same, payments not part of insurance fund (22) Payments made to the Board under subsection (19) shall not form a part of the insurance fund that is administered by the Board under the Workplace Safety and Insurance Act, 1997
and the Board shall not make any payments from the insurance fund for any purpose under this section. 2021, c. 9, s. 3. Contract for services (23) The Board may enter into a contract or agreement with any person for the purpose of administering this section. 2021, c. 9, s. 3. Recordkeeping (24) The Board shall maintain such records relating to the administration of this section as are required by the Ministry, including records that are necessary to verify applications and payments made under this section, and shall provide those records to the Ministry. 2021, c. 9, s. 3. Collection and use of information (25) The Board may collect and use personal information within the meaning of the Freedom of Information and Protection of Privacy Act for the purpose of administering this section. 2021, c. 9, s. 3. Same (26) The Board may use information collected under the authority of this section for the purpose of administering and enforcing the Workplace Safety and Insurance Act, 1997. 2021, c. 9, s. 3. Same (27) The Board may use information collected under the authority of the Workplace Safety and Insurance Act, 1997 for the purpose of administering this section. 2021, c. 9, s. 3. Disclosure of information (28) Except as otherwise provided for in this section, the Board shall not disclose any information collected under the authority of this section unless authorized or required by law to do so. 2021, c. 9, s. 3. False or misleading information (29) No person shall provide false or misleading information under this section. 2021, c. 9, s. 3. Same, disclosure to Director (30) If the Board is of the opinion that false or misleading information has been provided by an employer in an application under this section, the Board shall disclose that information to the Director. 2021, c. 9, s. 3. Investigation (31) An employment standards officer or other prescribed person may investigate a possible contravention of this section. 2021, c. 9, s. 3. Immunity (32) No action or other proceeding for damages may be commenced against a member of the board of directors, or an officer or employee of the Board, for an act or omission done or omitted by the person in good faith in the execution or intended execution of any power or duty under this section. 2021, c. 9, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 9, s. 3
- 29/04/2021 Reservist Leave