Indexing factor
148. (1) On January 1 in each year, an indexing factor shall be determined using the formula, Indexing factor + [ 3/4   A ] * 1 in which “A” is the amount of the percentage change in the Consumer Price Index for Canada for all items, for the 12-month period ending October 31 of the previous year, as published by Statistics Canada. The indexing factor shall be not less than 0 per cent and not greater than 4 per cent. Indexation (1.1) Subject to subsection (1.2), the indexing factor described in subsection (1) applies with respect to the calculation of all compensation payable under this Act. Exception (1.2) The indexing factor described in subsection (1.3) applies with respect to the calculation of the following: 1. Compensation under section 35 for survivors and dependants. 2. Compensation for survivors and dependants under section 36 of the pre-1985 Act, as continued under section 145. 3. Compensation for survivors and dependants under section 36 of the pre-1989 Act, as continued under section 146. 4. Permanent disability benefits under subsection 43 (1) of the pre-1985 Act, as continued under section 145, but only if the impairment of the earning capacity of the worker is 100 per cent of the worker’s earning capacity. 5. Permanent disability benefits under subsection 45 (1) of the pre-1989 Act, as continued under section 146, but only if the impairment of the earning capacity of the worker is 100 per cent of the worker’s earning capacity. 6. All compensation payable to a worker whose permanent partial disability benefits are increased under subsection 147 (14). Same (1.3) The indexing factor that applies with respect to the benefits described in subsection (1.2) is to be determined on January 1 in each year and is the amount of the percentage change in the Consumer Price Index for Canada for all items, for the 12-month period ending October 31 of the previous year, as published by Statistics Canada. The indexing factor shall be not less than 0 per cent. 1994, c. 24, s. 34. Annual adjustments (2) On the 1st day of January in each year, the Board shall, (a) adjust the dollar amounts set out in this Act and in provisions continued by section 144 by applying the indexing factor to the amount as adjusted under this Part on the preceding 1st day of January; and (b) adjust average earnings by applying the indexing factor to the average earnings as adjusted under this Part on the preceding 1st day of January and the Board shall make consequential changes to the compensation payable under this Act and under provisions continued by section 144. Calculation of average earnings (3) For the purpose of calculating the adjustment under clause (2)(b) for a person who is receiving compensation under provisions continued by section 144, the average earnings shall be the amount which produces the compensation that the person is receiving as of the day preceding the day on which the adjustment is to be made. Increases prospective (4) Nothing in this section entitles a person to claim additional compensation for any period before the effective date of an increase as a result of subsection (2) or with respect to any award commuted or paid as a lump sum before the effective date. R.S.O. 1990, c. W.11, s. 148 (2-4) .