Regulations re Schedules 1 and 2
103.(1) Subject to the approval of the Lieutenant Governor in Council, the Board may by regulation, (a) rearrange any of the classes for the time being included in Schedule 1, and withdraw from any class any industry included in it and transfer it wholly or partly to any other class or form it into a separate class, or exclude it from the operation of this Part; (b) establish other classes including any of the industries that are for the time being included in Schedule 2, or are not included in any of the classes in Schedule 1; (c) add to any of the classes for the time being included in Schedule 1 any industry that is not included in any of such classes; (d) exclude any trade, employment, occupation, calling, avocation or service from any industry for the time being included under this Part or at any time brought under this Part. Apportionment of burden of assessment to hazard of business, etc. (2) Where in the opinion of the Board the hazard to workers in any of the industries embraced in a class is less than that in another or others of such industries, or where for any other reason it is deemed proper to do so, the Board may subdivide the class into subclasses or groups and, if that is done, the Board may fix the percentages or proportions of the contributions to the accident fund that are to be payable by the employers in each subclass or group. Separate accounts to be kept for each class, subclass or group (3) Separate accounts shall be kept of the amounts collected and expended in respect of every class, subclass or group, but for the purpose of paying compensation the accident fund shall, nevertheless, be deemed one and indivisible. Power to increase amount of assessment in certain cases (4) Where in the opinion of the Board sufficient precautions have not been taken for the prevention of accidents to workers in the employment of an employer or where the working conditions are not safe for workers or where the employer has not complied with the regulations respecting first aid, the Board may add to the amount of any contribution to the accident fund for which the employer is liable such a percentage thereof as the Board considers just and may assess and levy the same upon the employer. R.S.O. 1990, c. W.11, s. 103 (1-4). Same (4.1) If an employer fails to co-operate in vocational rehabilitation services or programs provided under section 53, the Board may add to the amount of any contribution to the accident fund for which the employer is liable an additional amount determined in accordance with subsection (4.2). The Board may assess and levy the increased assessment upon the employer. Same (4.2) The additional amount referred to in subsection (4.1) is an amount equal to a percentage the Board considers appropriate of the benefits to which the worker was entitled during the period in which the employer failed to co-operate in vocational rehabilitation services and programs. 1994, c. 24, s. 28. Collection and application of additional percentage (5) Any additional percentage levied and collected under subsection (4) shall be added to the accident fund or applied in reduction of the assessment upon the other employers in the class or subclass to which the employer from whom it is collected belongs as the Board may determine. Merit system (6) Where, in the opinion of the Board, the ways, works, machinery and appliances in any industry conform to modern standards in such manner as to reduce the hazard of accidents to a minimum and the Board is convinced that all proper precautions are being taken by the employer for the prevention of accidents, and where the accident record of the employer has in fact been consistently good, the Board may reduce the amount of any contribution to the accident fund for which such employer is liable. Recommendations (7) The Board may take into account recommendations made by the Workplace Health and Safety Agency established under the Occupational Health and Safety Act in reaching its opinion under subsection (4) or (6). Demerit system (8) Where the work injury frequency and the accident cost of the employer are consistently higher than that of the average in the industry in which the employer is engaged, the Board, as provided by the regulations, may increase the assessment for that employer by such a percentage thereof as the Board considers just, and may assess and levy the same upon the employer, and may require the employer to establish one or more safety committees at plant level. Relief (9) The Board, if satisfied that the default was excusable, may in any case relieve the employer in whole or in part from liability under subsection (4). R.S.O. 1990, c. W.11, s. 103 (5-9).