Power of Board to make regulations
63.(1) Subject to the approval of the Lieutenant Governor in Council, the Board may make such regulations as may be considered expedient for carrying out the provisions of this Part. R.S.O. 1990, c. W.11, s. 63 (1). Idem (2) Without restricting the generality of subsection (1), the Board, subject to the approval of the Lieutenant Governor in Council, may make regulations, (a) prescribing classes for the purposes of clause (b) of the definition of “training agency” in subsection 3.1 (1); (a.1) prescribing, for the purposes of subsections 35 (15) and 37 (3), clause 43 (7) (b) and subsection 147 (9), the way in which payments received under the Canada Pension Plan and the Quebec Pension Plan are to be included in the calculation of compensation, of the amount that a worker is able to earn or of the sum of a supplement and an award, as the case may be; (b) establishing criteria for determining the average earnings of an apprentice, learner or full-time or part-time student for the purposes of subsection 40(6); (c) establishing, for the purposes of medical assessments under section 42, a rating schedule setting out the degree of permanent impairment for specified types of permanent impairment and setting out criteria for assessing the degree of permanent impairment of other types of permanent impairment; (d) establishing criteria for assessing the personal and vocational characteristics of a worker, for the purposes of clause 43(7)(c); (e) establishing criteria for determining what constitutes suitable and available employment for a worker, for the purposes of clause 43(7)(e); (f) prescribing factors to be considered by the Board for the purposes of clause 43(7)(f); (g) governing pensions payable to workers, their spouses and their dependants under section 44; (h) governing the investment of amounts in, and payments out of, the fund established under subsection 44(10); (h.1) prescribing information for the purposes of subsection 51 (2) about the ability of a worker to return to work and about any restrictions affecting the worker’s ability to perform work on his or her return; (h.2) prescribing requirements, for the purposes of clause 51 (3) (b), that must be satisfied before a health professional is required to provide a report under subsection 51 (2); (i) exempting classes or subclasses of employers or workers from the application of section 54; (j) establishing criteria for determining the essential duties of a position, for the purpose of subsection 54(2); (k) establishing criteria for determining what constitutes alternative employment of a nature and at earnings comparable to a worker’s pre-injury employment, for the purpose of subsection 54(4); (l) establishing criteria for determining what constitutes suitable employment, for the purpose of subsection 54(5); (m) governing the requirements for re-employing workers, for the purpose of subsection 54(9); (n) establishing criteria for determining how many workers are regularly employed by an employer, for the purpose of clause 54(16)(a). R.S.O. 1990, c. W.11, s. 63 (2); 1994, c. 24, s. 15. Idem (3) For the purposes of clause (2)(e), in establishing criteria for determining what constitutes suitable and available employment for a worker, the Board shall have regard to, (a) the fitness of the worker to perform the work; (b) the health and safety consequences to the worker in working in the environment in which the work is performed in light of the impairment; (c) the existence and location of potential employment opportunities for the worker in the labour market in which the worker is expected to be employed; and (d) the likelihood of the worker securing employment. R.S.O. 1990, c. W.11, s. 63 (3). (4) Repealed: 1995, c. 5, s. 10.