Occupational Disease Panel
95.(1) The Industrial Disease Standards Panel is continued under the name Occupational Disease Panel in English and Comité des maladies professionnelles in French. 1994, c. 24, s. 25 (1). Composition (2) The Panel shall be composed of not more than nine members including persons representative of the public and of the scientific community and technical and professional persons. Idem (3) The members of the Panel shall be appointed by the Lieutenant Governor in Council one of whom shall be designated by the Lieutenant Governor in Council as chair of the Panel and one of whom shall be designated by the Lieutenant Governor in Council as vice-chair. Remuneration (4) The remuneration, benefits and allowances of the members of the Panel shall be determined by the Lieutenant Governor in Council. R.S.O. 1990, c. W.11, s. 95(2-4). Officers and employees (5) The chair of the Panel, subject to such guidelines as may be established by the Management Board of Cabinet, may establish job classifications, personnel qualifications and ranges for remuneration and benefits for officers and employees of the Panel, and the chair may appoint, promote and employ the same in conformity with the classifications, qualifications and ranges for remuneration and benefits so established by the chair. R.S.O. 1990, c. W.11, s. 95 (5); 1993, c. 38, s. 71 (3). Recovery of costs and expenses (6) The costs and expenses associated with the administration of the Panel, including the remuneration and expenses of its members, officers and employees, shall be paid by the Ministry of Labour and shall be chargeable by the Ministry to the Board and the costs and expenses shall form part of the administrative expenses of the Board. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 95 (6) is repealed and the following substituted: Recovery of costs and expenses (6) The costs and expenses associated with the administration of the Panel, including the remuneration and expenses of its members, officers and employees, shall form part of the administration expenses of the Board. See: 1994, c. 24, ss. 25 (2), 36. Application of subss. 88 (2, 3) (7) Subsections 88(2) and (3) apply with necessary modifications to the chair, vice-chair and other members of the Panel and to the officers and employees of the Panel. R.S.O. 1990, c. W.11, s. 95 (7); 1994, c. 24, s. 25 (3). Functions (8) It shall be the function of the Panel, (a) to investigate possible occupational diseases; (b) to make findings as to whether a probable connection exists between a disease and an industrial process, trade or occupation in Ontario; (c) to create, develop and revise criteria for the evaluation of claims respecting occupational diseases; and (d) to advise on eligibility rules regarding compensation for claims respecting occupational diseases. R.S.O. 1990, c. W.11, s. 95 (8); 1994, c. 24, s. 25 (4). Special panels (9) The Panel may establish special panels to investigate matters arising out of its functions under subsection (8) and may appoint ad hoc members who are specialists in particular diseases and in industrial processes to such special panels which shall report thereon to the Panel. Practice and procedure (10) The Panel shall determine its own priorities, practice and procedure and shall not be subject to or affected in any way by the Statutory Powers Procedure Act, or by any rules made under it. Report to Board (11) The Panel shall report its findings to the Board. Notice of findings (12) Before accepting or rejecting any findings of the Panel, the Board shall publish in The Ontario Gazette a notice setting forth the nature of the findings and calling for comments, briefs and submissions thereon to be filed with the Board within sixty days of the publication of the notice or within such longer period as the Board may specify in the notice. Acceptance (13) Upon the expiry of the period allowed for the filing under subsection (12), the Board may accept the findings of the Panel with or without amendments or may reject the findings. Idem (14) Where the findings of the Panel are accepted under subsection (13) with amendments or rejected, the Board need not give any further notice under subsection (12). Publication of findings (15) Where the Board accepts or rejects the findings of the Panel, notice of the Board’s acceptance or rejection, with reasons therefor, shall be published in The Ontario Gazette. Annual report (16) The Panel shall, after the close of each year, file with the Minister of Labour an annual report upon the affairs of the Panel, and the Minister shall cause a copy of the report to be laid before the Assembly if it is in session or, if not, at the next session. R.S.O. 1990, c. W.11, s. 95(9-16).