jswizzle3737/ontario_laws_and_regs huggingface dataset:
Board of directors
56. (1) A board of directors shall be appointed by the Lieutenant Governor in Council to govern the corporation and to exercise the powers and perform the duties of the Board. Composition (1.1) The board of directors shall be composed of, (a) the chair; (b) the president; and (c) a minimum of three and a maximum of seven members who are representative of workers, employers and such others as the Lieutenant Governor in Council considers appropriate. Consultation re president (2) The Lieutenant Governor in Council shall consult with the chair and the members described in clause (1.1) (c) before appointing the president. Transition (2.1) Subsection (2) does not apply with respect to the first president appointed upon the coming into force of subsection (1.1). 1995, c. 5, s. 6 (2). (2.2) REPEALED: 1995, c. 5, s. 6 (2). Vacancy (3) The board of directors may act despite a vacancy in its membership. Absence of chair (4) The chair shall decide which of the directors shall act as chair in his or her absence. If the chair does not do so, the board of directors may decide which of them shall act in the chair’s absence. 1994, c. 24, s. 12. Transition (5) An appointment of a president by the Lieutenant Governor in Council made on or after November 1, 1995 and before the date on which the Workers’ Compensation and Occupational Health and Safety Amendment Act, 1995 receives Royal Assent shall be deemed to have been authorized under the Act at the time it was made. Same (6) The termination by the Lieutenant Governor in Council on November 1, 1995 of the appointment of each member of the board of directors then in office shall be deemed to have been authorized by law at the time it occurred. Same (7) No proceeding may be commenced or continued in which a decision of the Lieutenant Governor in Council appointing or replacing a president during the period beginning on November 1, 1995 and ending on the date on which the Workers’ Compensation and Occupational Health and Safety Amendment Act, 1995 receives Royal Assent is challenged. Same (8) No proceeding may be commenced or continued in which the decision of the Lieutenant Governor in Council terminating the appointments of the board of directors as it existed on October 31, 1995 is challenged. Same (9) No proceeding may be commenced or continued in which the validity of a decision of the president is challenged solely on the grounds that he or she did not have the authority to exercise the powers and perform the duties of the board of directors, the chair or a vice-chair or the president during the period beginning on November 1, 1995 and ending on the date on which the Workers’ Compensation and Occupational Health and Safety Amendment Act, 1995 receives Royal Assent. Same (10) A decision in a proceeding described in subsection (7), (8) or (9) made before the Workers’ Compensation and Occupational Health and Safety Amendment Act, 1995 receives Royal Assent is unenforceable. 1995, c. 5, s. 6 (3).
Remuneration, etc., of directors
57. The remuneration, benefits and expenses of the directors shall be determined from time to time by the Lieutenant Governor in Council and such remuneration, benefits and expenses shall be part of the administrative expenses of the Board. R.S.O. 1990, c. W.11, s. 57.
Duty of the board of directors
58. (1) The members of the board of directors shall act in good faith with a view to the best interests of the Board and shall exercise the care, diligence and skill of a reasonably prudent person. 1994, c. 24, s. 13. Same (2) The board of directors shall act in a financially responsible and accountable manner in exercising its powers and performing its duties. 1995, c. 5, s. 7. 59. Repealed: 1995, c. 5, s. 8.
Same
59. Repealed: 1995, c. 5, s. 8.
Disqualification in certain cases
60.(1) The chair, the president and the chair of the Appeals Tribunal shall not directly or indirectly, (a) have, purchase, take or become interested in any industry to which this Part applies or any bond, debenture or other security of the person owning or carrying it on; (b) be the holder of shares, bonds, debentures or other securities of any company that carries on the business of employers’ liability or accident insurance; (c) have any interest in any device, machine, appliance, patented process or article that may be required or used for the prevention of accidents. R.S.O. 1990, c. W.11, s. 60 (1); 1994, c. 24, s. 14 (1); 1995, c. 5, s. 9 (1). Idem (2) If any such industry, or interest therein, or any such share, bond, debenture, security or thing comes to or becomes vested in the chair, the president or the chair of the Appeals Tribunal by will or by operation of law and he or she does not within three months thereafter sell and absolutely dispose of it, he or she ceases to hold office. R.S.O. 1990, c. W.11, s. 60 (2); 1994, c. 24, s. 14 (2); 1995, c. 5, s. 9 (2).
Offices of Board
61.(1) The main offices of the Board shall be situate in The Municipality of Metropolitan Toronto. Place of meeting (2) The board of directors may meet or hold meetings in any place in Ontario as is considered convenient. R.S.O. 1990, c. W.11, s. 61.
Board may act on report of officers
62.(1) The Board may act upon the report of any of its officers. Powers of Board (2) Any inquiry that the Board considers necessary to make may be made by any director or officer of the Board or by some other person appointed by the Board to make the inquiry, and the Board may act upon his or her report as to the result of the inquiry. R.S.O. 1990, c. W.11, s. 62.
Power to acquire real property
64. Subject to the approval of the Lieutenant Governor in Council, the Board may purchase or otherwise acquire such real property, as it may consider necessary for its purposes, and may, with the like approval, sell or otherwise dispose of any such property. R.S.O. 1990, c. W.11, s. 64.
Policy directions
65.1 (1) The Minister may issue policy directions that have been approved by the Lieutenant Governor in Council on matters relating to the Board’s exercise of its powers and performance of its duties under this Act. Same (2) In exercising a power or performing a duty under this Act, the Board shall respect any policy direction that relates to its exercise. Report (3) The Board shall report to the Minister whenever it exercises a power or performs a duty that relates to a policy direction. 1994, c. 24, s. 17. (4) Repealed: 1995, c. 5, s. 12.
Memorandum of understanding
65.2 (1) Every five years, the Board and the Minister shall enter into a memorandum of understanding containing only such terms as may be directed by the Minister. Contents (2) The memorandum of understanding must impose the following requirements: 1. Each year, the Board must give the Minister a strategic plan setting out its plans for the following five years. 2. The Board must give the Minister an annual statement setting out its proposed priorities for administering the Act and regulations. 3. The Board must give the Minister an annual statement of its investment policies and goals. Same (2.1) The memorandum of understanding must address any matter that may be required by order of the Lieutenant Governor in Council or by a direction of Management Board of Cabinet. Same (2.2) The memorandum of understanding may address the following matters: 1. Any direction by the Minister about programs to be reviewed under subsection 77 (2). 2. Any matter proposed by the Board and agreed to by the Minister. 3. Any other matter the Minister considers appropriate. 1995, c. 5, s. 13. Compliance (3) The Board shall comply with the memorandum of understanding in exercising its powers and performing its duties under this Act. 1994, c. 24, s. 18.
Collection of debts
66. (1) The Board may deduct from money payable to a person by the Board all or part of a debt due to the Board from the person. Remedies (2) The Board may pursue such other remedies as it considers appropriate to recover a debt due to it. 1995, c. 5, s. 14.
Certified copies of records, etc., as evidence
67. Every copy of or extract from an entry in any book or record of the Board or of or from any document filed with the Board, certified by the secretary of the Board or by such other officer of the Board as may be appointed for that purpose by the chair to be a true copy or extract under the seal of the Board shall be received in any court as evidence of the matter so certified without proof of the secretary’s or other officer’s appointment, authority or signature. R.S.O. 1990, c. W.11, s. 67.
General jurisdiction of Board
69.(1) Except as provided by this Act, the Board has exclusive jurisdiction to examine into, hear and determine all matters and questions arising under this Part and as to any matter or thing in respect of which any power, authority or discretion is conferred upon the Board, and the action or decision of the Board thereon is final and conclusive and is not open to question or review in any court and no proceeding by or before the Board shall be restrained by injunction, prohibition or other process or procedure in any court or be removable by application for judicial review or otherwise into any court. R.S.O. 1990, c. W.11, s. 69 (1). Specific jurisdiction of Board (2) Without limiting the generality of subsection (1), such exclusive jurisdiction includes the power of determining, (a) whether any industry or any part, branch or department of any industry falls within any of the classes for the time being included in Schedule 1, and, if so, which of them; (b) whether any industry or any part, branch or department of any industry falls within any of the classes for the time being included in Schedule 2, and, if so, which of them; (c) whether any part of any such industry constitutes a part, branch or department of an industry within the meaning of this Part; (d) the existence of, and degree of, disability or impairment by reason of any injury; (e) the permanence of impairment by reason of any injury; (f) the amount of average earnings; (g) the future loss of earnings by reason of any injury; (h) the existence of the relationship of member of the family within the meaning of subsection 1 (1); (i) the existence of dependency; (j) the question whether personal injury or death has been caused by accident; (k) the question whether an accident arose out of and in the course of an employment within the scope of this Act; (l) the net average earnings of a worker; (m) whether a person is a spouse or child; (m.1) whether vocational rehabilitation services or a vocational rehabilitation program is to be provided under section 53; (n) whether an employer has fulfilled the employer’s obligation under section 54 to reinstate or re-employ a worker. R.S.O. 1990, c. W.11, s. 69 (2); 1994, c. 24, s. 20. Medical examination (3) A worker who has made a claim for compensation or to whom compensation is payable under this Act shall, if requested by the Board, submit to a medical examination by a medical practitioner named by the Board. Failure to be examined (4) If a worker contravenes subsection (3) or in any way obstructs an examination without reasonable cause or excuse, the worker’s right to compensation or to a decision by the Board may be suspended by the Board until the examination has taken place. R.S.O. 1990, c. W.11, s. 69 (3, 4).
Power to reconsider
70. The Board may, at any time if it considers it advisable to do so, reconsider any decision, order, declaration or ruling made by it and vary, amend or revoke such decision, order, declaration or ruling. R.S.O. 1990, c. W.11, s. 70.
Access to records by worker
71.(1) Subject to subsection (2), where there is an issue in dispute, upon request, the Board shall give a worker, or if deceased, the persons who may be entitled to benefits under section 35, full access to and copies of the Board’s file and records respecting the claim and the Board shall provide like access and copies to a representative of the worker upon presentation of a written authorization for that purpose signed by the worker, or if deceased, signed by a person who may be entitled to benefits under section 35. Medical information (2) Where the file or a record respecting the claim, in the opinion of the Board, contains medical or other information that would be harmful to the worker if given to the worker, the Board shall provide copies of such medical information to the worker’s treating physician instead of the worker or the worker’s representative and advise the worker or the representative that it has done so. Access to records by employer (3) Where there is an issue in dispute, upon request, the Board shall grant the employer access to copies of only those records of the Board that the Board considers to be relevant to the issue or issues in dispute and the Board shall provide like access and copies to a representative of the employer upon presentation of written authorization for that purpose signed by the employer. Idem (4) Where the employer or the employer’s representative is given access to and copies of records referred to in subsection (3), the worker or worker’s representative shall be informed of the access to and copies of records so given. Idem (5) Before granting access to the employer to medical reports and opinions under subsection (3), the Board shall notify the worker or claimant for compensation of the medical reports or opinions it considers relevant and permit written objections to be made within such time as may be specified in the notice before granting access to the employer and, after considering the objections, the Board may refuse access to the reports and opinions or may permit access thereto with or without conditions. Appeal (6) A worker, employer or party of record may appeal a decision of the Board made under this section within twenty-one days of the mailing of the Board’s decision and no access to or copies of the Board’s records shall be provided until the expiry of the twenty-one day period or until the Appeals Tribunal gives its decision, whichever is later. Information confidential (7) No employer or employer’s representative who obtains access to copies of any of the records of the Board shall disclose any medical information obtained therefrom except in a form calculated to prevent the information from being identified with a particular worker or case. R.S.O. 1990, c. W.11, s. 71 (1-7). (8) Repealed: 1995, c. 5, s. 15.
Practice and procedure of Board
72.(1) The Board shall determine its own practice and procedure in relation to applications and proceedings and may, subject to the approval of the Lieutenant Governor in Council, make rules governing such practice and procedure and the exercise of its powers in relation thereto and prescribe such forms as are considered advisable. R.S.O. 1990, c. W.11, s. 72 (1). Same (1.1) For the purposes of subsection (1), the practice and procedure of the Board includes practice and procedure relating to mediation services provided by the Board. 1994, c. 24, s. 21. Decisions to be communicated (2) Every decision of the Board and the reasons therefor shall be communicated promptly in writing to the parties of record. R.S.O. 1990, c. W.11, s. 72 (2).
Mediation
72.1 (1) The Board shall provide mediation services in the following circumstances: 1. If the surviving spouse of a deceased worker objects to a decision concerning whether a vocational rehabilitation program is to be provided to him or her or concerning the particulars of the program for the purposes of subsection 35 (2). 2. If a worker or an employer objects to a decision concerning the worker’s co-operation in or availability for a medical or vocational rehabilitation program or availability for employment for the purposes of clause 37 (2) (b). 3. If a worker or an employer objects to a decision concerning the worker’s co-operation in a vocational or medical rehabilitation program for the purposes of subsection 43 (9). 4. If a worker or an employer objects to a decision of the Board concerning measures or expenditures under section 52. 5. If a worker or an employer objects to a decision concerning whether vocational rehabilitation services are to be provided or concerning the particulars of a vocational rehabilitation program for the purposes of section 53. 6. When a worker makes an application under subsection 54 (11). 7. If a worker or an employer objects to a decision under subsection 54 (11.1). 8. If a worker or an employer objects to a decision of the Board under subsection 103 (4.1) as to whether the employer has failed to co-operate in vocational rehabilitation services or programs. 9. If a worker or an employer objects to a decision concerning the worker’s participation in a vocational rehabilitation program for the purposes of subsection 147 (3). Optional mediation (2) The Board may provide mediation services relating to a matter not described in subsection (1). Time limit (3) Unless the mediation is successful the Board shall finally determine the matter within 60 days after the Board receives the objection or application or within such longer period as the Board may permit. Role of mediator (4) The person who provides mediation services shall not participate in any application or proceeding relating to the matter that is the subject of the mediation unless the parties to the application or proceeding consent. 1994, c. 24, s. 22.
Principle of decision
73.(1) Any decision of the Board shall be upon the real merits and justice of the case, and it is not bound to follow strict legal precedent but shall give full opportunity for a hearing. Non-application of Statutory Powers Procedure Act (2) The proceedings and decisions of the Board shall not be subject to or affected in any way by the Statutory Powers Procedure Act, or by any rules made under it, and the provisions of this Act and the regulations made thereunder shall prevail despite anything contained in the Statutory Powers Procedure Act, or rules made under it. R.S.O. 1990, c. W.11, s. 73.
Specific powers of Board re hearings, etc.
74. The Board has power, (a) to summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath or affirmation and to produce such documents or things as the Board considers requisite to the full investigation and consideration of matters within its jurisdiction in the same manner as a court of record in civil cases; (b) to accept such oral or written evidence as in its discretion it considers proper whether admissible in a court of law or not; (c) to allow to a worker, spouse, child or dependant of a deceased worker or his or her witnesses travelling and living expenses and other allowances and such expenses and allowances shall be paid out of the accident fund as part of the administrative expenses of the Board; (d) to require any person or corporation to post and to keep posted upon their premises in a conspicuous place or places, where they are most likely to come to the attention of all persons concerned, any notices that the Board considers necessary to bring to the attention of such persons in connection with any matter or proceeding under this Act; (e) to enter into any premises where work is being or has been done by a worker or in which the employer carries on business whether or not the premises are those of the employer and inspect and view any work, material, machinery, appliance or article therein and interrogate any person respecting any matter and post therein any notice; (f) to authorize any person to do anything that the Board may do and to report to the Board thereon. R.S.O. 1990, c. W.11, s. 74.
Enforcement of orders of Board
75.(1) An order of the Board for the payment of compensation or health care by an employer who is individually liable to pay the compensation or health care or any other order of the Board for the payment of money made under the authority of this Part, or a copy of any such order certified by the secretary to be a true copy, may be filed with a local registrar of the Ontario Court (General Division) and, when so filed, becomes an order of that court and may be enforced as a judgment of the court. Fees (2) For the duties performed by him or her in connection with the filing of an order or certificate of the Board pursuant to this section or section 128, such local registrar is entitled to a fee of $1, and, despite any other provision or rule, any procedure provided for by either of such sections may be carried on by the Board by post without the necessity of personal attendance at any office. R.S.O. 1990, c. W.11, s. 75.
Compellability in civil suit
76.(1) No member of the board of directors or officer or employee of the Board, or a person who is engaged by the Board to conduct an examination, test or inquiry or authorized to perform any function, shall be required to give testimony in any civil suit or proceeding to which the Board is not a party respecting any information, material, statement or result of any examination, test or inquiry acquired, furnished, obtained, made or received in the performance of his or her duties under this Act. Idem (2) Neither the Board, a member of the board of directors, officer or employee of the Board nor a person who is engaged by the Board to conduct an examination, test or inquiry or authorized to perform any function shall be required to produce in a civil suit to which the Board is not a party a document, extract, report, material or statement acquired, furnished, obtained, made or received in the performance of his, her or its duties under this Act. R.S.O. 1990, c. W.11, s. 76 (1, 2). Liability of directors, officers, employees, etc. (3) No action or other proceeding for damages lies against a member of the board of directors, officer or employee of the Board or a person engaged by the Board to conduct an examination, test or inquiry or authorized to perform any function for an act or omission done or omitted by him or her in good faith in the execution or intended execution of any power or duty under this Act or the regulations. Board liability (4) Subsection (3) does not relieve the Board of any liability to which it would otherwise be subject. 1994, c. 24, s. 23 (1). Note: Subsections 76 (3) and (4), as they read before January 1, 1995, continue to apply with respect to proceedings against the Crown, (a) commenced before January 1, 1995; or (b) in respect of which a notice of claim is given under subsection 7 (1) of the Proceedings Against the Crown Act before January 1, 1995.  See: 1994, c. 24, s. 23 (2).
Audit of accounts
77. (1) The accounts of the Board shall be audited by the Provincial Auditor or under his or her direction by an auditor appointed by the Lieutenant Governor in Council for that purpose and the salary and remuneration of the auditor so appointed shall be paid by the Board as part of its administrative expenses. R.S.O. 1990, c. W.11, s. 77. Value for money audit (2) The board of directors shall ensure that a review is performed each year of the cost, efficiency and effectiveness of at least one program that is delivered by the Board. Same (3) The Minister may determine which program is to be reviewed. Same (4) The review must be performed under the direction of the Provincial Auditor by one or more public accountants who are licensed under the Public Accountancy Act. 1995, c. 5, s. 16.
Annual report
78.(1) The Board shall after the close of each year file with the Minister of Labour an annual report upon the affairs of the Board. Tabling (2) The Minister of Labour shall submit the report to the Lieutenant Governor in Council and shall then lay the report before the Assembly if it is in session or, if not, at the next session and the report shall then be referred to a standing committee of the Assembly. Report by Board (3) The Board shall after the close of each year file with the Superintendent of Insurance, in such detail as he or she may require, a report on the accident fund and the Superintendent of Insurance shall report thereon to the Minister of Labour. Examination by Superintendent of Insurance (4) The Superintendent of Insurance shall, whenever required by the Lieutenant Governor in Council or the Board, examine into the affairs and business of the Board for the purpose of determining as to the sufficiency of the accident fund and shall report thereon to the Lieutenant Governor in Council or the Board. R.S.O. 1990, c. W.11, s. 78.
Provincial grant
79. To assist in defraying the expenses incurred in the administration of this Part, there shall be paid to the Board out of the Consolidated Revenue Fund such annual sum not exceeding $100,000 as the Lieutenant Governor in Council may direct. R.S.O. 1990, c. W.11, s. 79.
Appeals Tribunal continued
80. The Workers’ Compensation Appeals Tribunal is continued under the name Workers’ Compensation Appeals Tribunal in English and Tribunal d’appel des accidents du travail in French. R.S.O. 1990, c. W.11, s. 80.
Composition of Appeals Tribunal
81.(1) The Lieutenant Governor in Council shall appoint a chair of the Appeals Tribunal, one or more vice-chairs of the Appeals Tribunal and as many members of the Appeals Tribunal, equal in number, representative of employers and workers, respectively, as is considered appropriate. Remuneration (2) The remuneration, benefits and allowances of the members of the Appeals Tribunal shall be determined by the Lieutenant Governor in Council. R.S.O. 1990, c. W.11, s. 81(1,2). Officers and employees (3) The chair of the Appeals Tribunal, 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 Appeals Tribunal, 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. 81(3); 1993, c.38, s.71(2). Recovery of costs and expenses (4) The costs and expenses associated with the administration of the Appeals Tribunal, including the remuneration and expenses of its members, officers and employees, shall form part of the administration expenses of the Board. R.S.O. 1990, c. W.11, s. 81(4).
Chair
82.(1) The chair of the Appeals Tribunal is its chief executive officer and shall preside at its meetings and upon all panels of the Appeals Tribunal of which the chair is a member. When vice-chair may act (2) In the absence from Ontario of the chair, the chair’s inability to act or where the office is vacant, the chair’s duties shall be performed by a vice-chair designated to act by the chair or, where the chair has failed so to designate, by a vice-chair designated to act by the Minister of Labour. Presumption where vice-chair acts (3) Whenever it appears that a vice-chair has acted for and instead of the chair, it shall be presumed that the vice-chair has so acted in the absence or disability of the chair or because of a vacancy in the office of the chair. R.S.O. 1990, c. W.11, s. 82.
Quorum
83.(1) A quorum shall consist of the chair of the Appeals Tribunal or a vice-chair of the Appeals Tribunal designated by the chair to act in place of the chair and not less than two members of the Appeals Tribunal to be equal in number and representative of employers and workers. Idem (2) A quorum may exercise all the jurisdiction and powers of the Appeals Tribunal. Deciding vote (3) The decision of the majority of the quorum present and constituting the Appeals Tribunal is the decision thereof, but, if there is no majority vote, the decision of the chair or the vice-chair governs. R.S.O. 1990, c. W.11, s. 83.
Panels
84.(1) The chair of the Appeals Tribunal may establish panels of the Appeals Tribunal and a panel has all the jurisdiction and powers of the Appeals Tribunal. Composition (2) A panel of the Appeals Tribunal shall consist of three members as follows: 1. The chair or a vice-chair of the Appeals Tribunal. 2. One member of the Appeals Tribunal representative of employers. 3. One member of the Appeals Tribunal representative of workers. Deciding vote (3) The decision of the majority of a panel consisting of three persons is the decision of the Appeals Tribunal. R.S.O. 1990, c. W.11, s. 84.
Effect of resignation, expiry of term
85. Where the chair, a vice-chair or other member of the Appeals Tribunal resigns or the term of office expires, the person may carry out and complete any duties or responsibilities that the person would have had if the person had not resigned or the person’s term had not expired in respect of any application, proceeding or matter in which the person participated. R.S.O. 1990, c. W.11, s. 85.
Jurisdiction
86.(1) Subject to section 93, the Appeals Tribunal has exclusive jurisdiction to hear, determine and dispose of, (a) any matter or issue expressly conferred upon it by this Act; (b) all appeals from decisions, orders or rulings of the Board respecting the provision of health care, vocational rehabilitation or entitlement to compensation or benefits under this Act; and (c) all appeals respecting assessments, penalties or the transfer of costs, and subsection 69 (2) applies with necessary modifications where a matter referred to in that subsection is raised in an appeal. Idem (2) The Appeals Tribunal shall not hear, determine or dispose of an appeal from a decision, order or ruling of the Board unless the procedures established by the Board for consideration of issues respecting the matters mentioned in clause (1)(b) or (c) have been exhausted, and the Board has made a final decision, order or ruling thereon. Idem (3) The Appeals Tribunal may make any order or direction that may be made by the Board and the order or direction of the Appeals Tribunal or a panel thereof is final and conclusive and not open to question or review in any court upon any grounds and no proceeding by or before the Appeals Tribunal or a panel thereof shall be restrained by injunction, prohibition or other process or procedure in any court or be removable by application for judicial review, or otherwise, into any court. R.S.O. 1990, c. W.11, s. 86.
Panel of medical practitioners
87.(1) The Lieutenant Governor in Council, after requesting and considering the views of representatives of employers, workers and physicians, shall appoint qualified medical practitioners, other than practitioners appointed under subsection 66(1) or 81 (3), to a list and the Appeals Tribunal may obtain the assistance of one or more of them in such way and at such time or times as it thinks fit so as to better enable it to determine any matter of fact in question in any application, appeal or proceeding. Remuneration (2) The chair of the Appeals Tribunal may fix the remuneration of a medical practitioner who provides assistance to the Appeals Tribunal under this section and the remuneration shall be part of the administrative expenses of the Board. Limitations (3) A medical practitioner shall not be asked, except with the written consent of the parties of record, to assist the Appeals Tribunal in any application, appeal or proceeding where the practitioner, (a) has examined the worker whose claim is the subject-matter of the application, appeal or proceeding; (b) has treated the worker or a member of the family of the worker; (c) has acted as a consultant in the treatment of the worker or as a consultant to the employer; or (d) is a partner of a practitioner mentioned in clause (a), (b) or (c). Pre-hearing inquiry (4) The Appeals Tribunal has power to authorize the chair or a vice-chair to inquire into applications by way of appeal under clause 86 (1)(b) to determine whether an issue involves a decision of the Board upon a medical report or opinion and, if such is the case, the person making the inquiry may, before the appeal is heard by the Appeals Tribunal, require that the worker submit to an examination by one or more medical practitioners appointed under subsection (1) who shall report, in writing, to the Appeals Tribunal thereon. Copies of report (5) The Appeals Tribunal shall, upon receiving the report of the medical practitioner or practitioners, send a copy thereof to the parties to the appeal for the purpose of receiving their submissions thereon. Powers not affected (6) Nothing in subsection (4) limits the right of the Appeals Tribunal to exercise its powers under subsection (1) during the hearing of an appeal. Failure to be examined (7) If a worker is required by the Appeals Tribunal to submit to an examination by one or more medical practitioners who provide assistance to the Appeals Tribunal under this section and the worker does not submit to the examination or in any way obstructs the examination, the worker’s right to compensation or to a final decision by the Appeals Tribunal may be suspended by the Appeals Tribunal. R.S.O. 1990, c. W.11, s. 87.
Application of subss.76 (1, 2)
88. (1) Subsections 76 (1) and (2) apply with necessary modifications to the chair, vice-chairs and other members of the Appeals Tribunal, to all officers and employees of the Appeals Tribunal and any person engaged by the Appeals Tribunal to conduct an examination, test or inquiry, or authorized to perform any function under this Act. R.S.O. 1990, c. W.11, s. 88; 1994, c. 24, s. 24 (1). Liability of Appeals Tribunal, etc. (2) No action or other proceeding for damages lies against a person described in subsection (1) for an act or omission done or omitted by the person in good faith in the execution or intended execution of a power or duty under this Act. Liability of the Crown (3) Subsection (2) does not, by reason of subsections 5 (2) and (4) of the Proceedings Against the Crown Act, relieve the Crown of liability in respect of a tort committed by a person described in subsection (1) to which the Crown would otherwise be subject; the Crown is liable under that Act for any such tort in like manner as if subsection (2) had not been enacted. 1994, c. 24, s. 24 (2).
Notice
89.(1) Upon receipt of a notice of appeal, the Appeals Tribunal shall, as soon as practicable, notify the Board and the parties of record of the appeal and the issue or issues in respect of which the appeal is brought and shall furnish the same with copies of any written submissions made with respect thereto. Payments pending appeal (2) Any periodic payments to be paid under a decision of the Board shall be paid even if an appeal is taken therefrom and any amounts paid may be dealt with as the Appeals Tribunal shall direct. Transmission of records (3) Upon receipt of a notice under subsection (1), the Board shall forthwith transmit the Board’s records related to the appeal to the chair of the Appeals Tribunal. R.S.O. 1990, c. W.11, s. 89.
Rules
90. The Appeals Tribunal shall determine its own practice and procedure and may, subject to the approval of the Lieutenant Governor in Council, make rules governing its practice and procedure and the exercise of its powers in respect thereto, and may prescribe such forms as it considers necessary. R.S.O. 1990, c. W.11, s. 90.
Powers of Appeals Tribunal
91.(1) The Appeals Tribunal may confirm, vary, reverse or uphold any decision of the Board under appeal. Communication of decisions (2) Every decision of the Appeals Tribunal and the reasons therefor shall be communicated promptly in writing to the Board and the parties of record. R.S.O. 1990, c. W.11, s. 91.
Application of certain sections
92. Sections 70, 73 and 74 apply with necessary modifications to the Appeals Tribunal as if a reference to the Board were a reference to the Appeals Tribunal. R.S.O. 1990, c. W.11, s. 92.
Determination of issues by Board
93.(1) Where a decision of the Appeals Tribunal turns upon an interpretation of the policy and general law of this Act, the board of directors of the Board may in its discretion review and determine the issue of interpretation of the policy and general law of this Act and may direct the Appeals Tribunal to reconsider the matter in light of the determination of the board of directors. Hearing (2) Where the board of directors of the Board in the exercise of its discretion under subsection (1) considers that a review is warranted, it shall either hold a hearing and afford the parties likely to be affected by its determination an opportunity to make oral and written submissions or it may dispense with a hearing if it permits the parties likely to be affected by its determination to make written submissions, as the board may direct. Determination (3) The board of directors of the Board shall give its determination and direction, if any, under this section in writing together with its reasons therefor. Stay, etc., of orders (4) Pending its determination, the board of directors of the Board, with respect to the decision that is the subject-matter of the review, may stay the enforcement or execution of the order made under the decision or may vacate the order if it has been implemented. R.S.O. 1990, c. W.11, s. 93.
Appeals
94.(1) An appeal to the Appeals Tribunal lies from a decision of the Board with respect to the matters referred to in clauses 86 (1) (b) and (c). Decisions before October 1, 1985 (2) With the leave of the Appeals Tribunal, a decision of a panel of the Board made before the 1st day of October, 1985 may be appealed to the Appeals Tribunal. Idem (3) Leave to appeal a decision to which subsection (2) applies shall not be granted unless, (a) there is substantial new evidence which was unavailable at the time of the hearing by the panel; or (b) there appears to the Appeals Tribunal to be good reason to doubt the correctness of the decision. R.S.O. 1990, c. W.11, s. 94.
Office of the Worker Adviser
96.(1) The Office of the Worker Adviser is continued under the name Office of the Worker Adviser in English and Bureau des conseillers des travailleurs in French. Idem (2) The Office of the Worker Adviser is to be available to any person who is or has been a claimant for benefits under this Act. Idem (3) The Minister shall pay such remuneration and expenses as may be required to carry out such functions as may be assigned to the Office of the Worker Adviser by the Minister. Idem (4) The Board shall reimburse the Minister for the remuneration and expenses referred to in subsection (3). R.S.O. 1990, c. W.11, s. 96 (1-4). Application of subss. 76 (1, 2), 88 (2, 3) (5) Subsections 76 (1) and (2) and 88 (2) and (3) apply with necessary modifications to the officers and employees of the Office of the Worker Adviser. R.S.O. 1990, c. W.11, s. 96 (5); 1994, c. 24, s. 26.
Office of the Employer Adviser
97.(1) The Office of the Employer Adviser is continued under the name Office of the Employer Adviser in English and Bureau des conseillers du patronat in French. Remuneration and expenses (2) The Minister of Labour shall pay such remuneration and expenses as may be required to carry out such functions as may be assigned to the Office of the Employer Adviser by the Minister. Idem (3) The Board shall reimburse the Minister for the remuneration and expenses referred to in subsection (2). R.S.O. 1990, c. W.11, s. 97 (1-3). Application of subss. 76 (1, 2), 88 (2, 3) (4) Subsections 76 (1) and (2) and 88 (2) and (3) apply with necessary modifications to the officers and employees of the Office of the Employer Adviser. R.S.O. 1990, c. W.11, s. 97 (4); 1994, c. 24 s. 27.
French language services
98. Services under this Act shall, where appropriate, be made available in the French language. R.S.O. 1990, c. W.11, s. 98. Accident Fund
How accident fund to be provided
99.(1) An accident fund shall be provided by contributions to be made by the employers in the classes or groups of industries for the time being included in Schedule 1, and compensation payable in respect of accidents that happen in any industry included in any of such classes or groups shall be paid out of the accident fund. Industries in Schedule 2 not to contribute (2) Despite the generality of the description of the classes for the time being included in Schedule 1, none of the industries included in Schedule 2 shall form part of or be deemed to be included in any of such classes, unless it is added to Schedule 1 by the Board under this Part. R.S.O. 1990, c. W.11, s. 99.
Payment of compensation out of reserves or Consolidated Revenue Fund
100. If at any time there is not money available for payment of the compensation that has become due without resorting to the reserves, the Board may pay such compensation out of the reserves and shall make good the amount withdrawn from the reserves by making a special assessment upon the employers liable to provide the compensation or by including it in a subsequent annual assessment, but, if for any reason it is considered inexpedient to withdraw the amount required from the reserves, the Lieutenant Governor in Council may direct that the same be advanced out of the Consolidated Revenue Fund and in that case the amount advanced shall be collected by a special assessment and when collected shall be paid over to the Treasurer of Ontario. R.S.O. 1990, c. W.11, s. 100.
Sufficiency of accident fund to be maintained
101. It is the duty of the Board at all times to maintain the accident fund so that with the reserves, exclusive of the special reserve, it will be sufficient to meet all the payments to be made out of the fund in respect of compensation as they become payable and so as not unduly or unfairly to burden the employers in any class in future years with payments that are to be made in those years in respect of accidents that have happened previously. R.S.O. 1990, c. W.11, s. 101.
Reserve funds
102.(1) Subject to section 124, it is not obligatory upon the Board to provide and maintain a reserve fund at all times equal to the capitalized value of the payments of compensation that will become due in future years unless the Board is of opinion that it is necessary to do so in order to comply with section 101. Reserve fund need not be uniform as to all classes (2) It is not necessary for the reserve fund to be uniform as to all classes but, subject to sections 101 and 124, it is discretionary with the Board to provide for a larger reserve fund in one or more of the classes than in another or others of them. R.S.O. 1990, c. W.11, s. 102.
Experience and merit rating programs
103.1 (1) The Board may establish experience and merit rating programs to encourage employers to reduce injuries and occupational diseases, to promote vocational rehabilitation and to encourage workers’ return to work. Determination of refund or surcharge (2) The amount of a refund or surcharge under a program shall be determined by the Board based on the work injury frequency of an employer, the accident cost of the employer or both. Variation (3) The amount of a refund or surcharge may be varied by the Board upon consideration of, (a) the health and safety practices and other programs of the employer to reduce injuries and occupational diseases; (b) vocational rehabilitation practices and programs of the employer; (c) practices and programs of the employer to assist workers to return to work; or (d) such other matters as the Board considers appropriate. 1994, c. 24, s. 29.
Injury to minor
104. Where the Board finds that an employer has employed a minor in contravention of the law and a claim for injury to the minor is made, such unlawful employment does not affect or prejudice the right of the claimant, but the Board may exclude the industry from the class in which it is included and, if it is so excluded, the employer is individually liable to pay the compensation to which the minor or any dependant of the minor is entitled. R.S.O. 1990, c. W.11, s. 104.
Withdrawing small industries from classes
105.(1) The Board may in the exercise of the powers conferred by section 103 withdraw or exclude from a class industries in which not more than a stated number of workers are usually employed and may afterwards add them to the class or classes from which they have been withdrawn, and any industry so withdrawn or excluded shall not thereafter be deemed to be included in Schedule 1, but no withdrawal or exclusion under the authority of this subsection has the effect of excluding any industry from Schedule 2. Employers in industries withdrawn under subs. (1) may elect to become members of class (2) Where industries are withdrawn or excluded from a class under the authority of subsection (1), an employer in any of them may, nevertheless, elect to become a member of the class to which but for the withdrawal or exclusion the employer would have belonged, and, if the employer so elects, the employer shall be a member of that class and as such liable to contribute to the accident fund, and the employer’s industry shall be deemed to be embraced in Schedule 1. Notice of election (3) Notice of the election shall be given to the secretary of the Board and the election shall be deemed to have been made when the notice is received by the secretary. Election of worker (4) A worker in any industry excluded under the authority of subsection (1) may notify the secretary of the Board that he or she desires such industry to be included in Schedule 1, and such notice upon receipt thereof by the secretary has the same effect as a notice of election from the employer. R.S.O. 1990, c. W.11, s. 105.
Powers may be exercised as occasion requires
106. The powers conferred by sections 103 to 105 may be exercised from time to time and as often as in the opinion of the Board occasion may require. R.S.O. 1990, c. W.11, s. 106.
Additions to Schedule 1
107. The Board may, upon the application of an employer, add to Schedule 1, for such time and upon such terms and conditions as the Board may determine, any industry or part of an industry, or department of work or service, of such employer. R.S.O. 1990, c. W.11, s. 107.
Additions to Schedule 2
108. The Board may, upon the application of an employer, add to Schedule 2, for such time and upon such terms and conditions as the Board may determine, any industry or part of an industry, or department of work or service, of such employer not in Schedule 1. R.S.O. 1990, c. W.11, s. 108.
Employer registration
108.1 (1) An employer in an industry included in Schedule 1 or Schedule 2 shall register with the Board within 10 days after becoming an employer. Information requirement (2) When registering and at such other times as the Board may require, an employer in an industry included in Schedule 1 shall provide such information to the Board as it may require to assign the employer to a class, subclass or group and to determine the amount that the employer is required to contribute under the Act. Same (3) When registering and at such other times as the Board may require, an employer in an industry included in Schedule 2 shall provide such information to the Board as it may require to determine the amount of any payment to the Board that may be required under the Act. 1995, c. 5, s. 17. Statements to be Furnished by Employers
Material change in circumstances
109.1 An employer shall notify the Board of a material change in circumstances in connection with the employer’s obligations under the Act within 10 days after the material change occurs. 1995, c. 5, s. 19.
Municipal assessors to make return re workers
110.(1) Every assessor of a township, town or village shall yearly on or before the last day for completing his or her assessment roll make a return to the Board upon forms provided by the Board for the purpose showing the names, addresses, nature of business, and usual number of workers, of all employers of labour carrying on in the municipality any industry or business other than farming or mercantile business. Payment of assessors (2) The Board may make remuneration for such return out of the accident fund. R.S.O. 1990, c. W.11, s. 110.