jswizzle3737/ontario_laws_and_regs huggingface dataset:
142 (1) This section applies if a Schedule 1 employer is entitled to a lien under the Construction Act at a premises. 1997, c. 16, Sched. A, s. 142 (1); 2017, c. 24, s. 82 (1, 3). Liability of owner (2) The owner (as defined in the Construction Act) of the premises has a duty to see that the employer pays the premiums to the Board relating to the work or service performed for the owner and, if the owner fails to do so, the owner is liable to make those payments to the Board. 1997, c. 16, Sched. A, s. 142 (2); 2017, c. 24, s. 82 (2, 3). Enforcement (3) The Board may enforce the obligation on the owner as if it were an obligation by an employer to pay premiums under the insurance plan. 1997, c. 16, Sched. A, s. 142 (3). Section Amendments with date in force (d/m/y) 2017, c. 24, s. 82 (1, 2) - 12/12/2017; 2017, c. 24, s. 82 (3)
- 01/07/2018
143 (1) If a licence is granted under Part III of the Crown Forest Sustainability Act, 1994 and forest resources are harvested or used for a designated purpose under that Act by a person other than the licensee, the licensee shall ensure that the premiums, if any, payable by the other person under the insurance plan are paid The licensee is liable to the extent that the other person does not pay the premiums. Indemnification, etc. (2) The licensee is entitled to be indemnified by the other person for premiums paid by the licensee and may deduct from money payable to the other person the amount of the premiums paid by the licensee. Same (3) The Board shall determine all issues relating to the rights of the licensee under subsection (2) and the amount to which the licensee is entitled. Enforcement (4) The Board may enforce a licensee’s obligation to pay premiums as if the licensee were an employer.  1997, c. 16, Sched. A, s. 143.
144 (1) This section applies when a person owes money under this Act to the Board or to another person and, (a)  the person who owes the money is an individual who dies; (b)  the person who owes the money is a corporation that is being wound up; or (c)  there is an assignment of all or part of the assets of the person who owes the money.  1997, c. 16, Sched. A, s. 144 (1). Same (2) For the purposes of the Assignments and Preferences Act, the Corporations Act, the Not-for-Profit Corporations Act, 2010 and the Trustee Act, amounts due under this Act immediately before the effective date described in subsection (4) shall be deemed to be amounts to be paid in priority to all other debts.  1997, c. 16, Sched. A, s. 144 (2); 2010, c. 15, s. 248 (2). Commuted value (3) If the person who owes money under this Act is required to make periodic payments under this Act after the effective date, the Board shall calculate the commuted value of the periodic payments. The commuted value shall be deemed to be due immediately before the effective date.  1997, c. 16, Sched. A, s. 144 (3). Effective date (4) For the purposes of this section, the effective date is the date of death of the individual, the date on which the winding up of the corporation begins or the date on which the assets are assigned.  1997, c. 16, Sched. A, s. 144 (4). Section Amendments with date in force (d/m/y) 2010, c. 15, s. 248 (2) - 19/10/2021
145 (1) Subject to subsection (2), the amount set out in a certificate filed with the court under subsection 139 (2) is, after municipal taxes, a first lien upon all of the property of the employer used in connection with the industry with respect to which the employer is required to make payments under the insurance plan. Notice of lien (2) The lien is effective only if, (a)  notice of the lien is filed by way of writ of seizure and sale in the office of the sheriff for the area in which the affected property is situated; and (b)  a copy of the writ is delivered by the sheriff or by registered mail to the proper land registrar, if affected land is registered under the Land Titles Act.  1997, c. 16, Sched. A, s. 145.
146 (1) This section applies when an employer sells, leases, transfers or otherwise disposes of all or part of the employer’s business either directly or indirectly to another person other than a trustee in bankruptcy under the Bankruptcy and Insolvency Act (Canada), a receiver, a liquidator under the Winding-up and Restructuring Act (Canada) or a person who acquires any or all of the employer’s business pursuant to an arrangement under the Companies’ Creditors Arrangement Act (Canada). 1997, c. 16, Sched. A, s. 146 (1); 2017, c. 34, Sched. 45, s. 3.  Liability of person (2) The person is liable to pay all amounts owing under this Act by the employer immediately before the disposition.1997, c. 16, Sched. A, s. 146 (2). Enforcement (3) The Board may enforce the obligation against the person as if the person had been the employer at all relevant times.  1997, c. 16, Sched. A, s. 146 (3). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 45, s. 3 - 14/12/2017
147 (1) An overpayment made by the Board to a person under this Act is an amount owing to the Board at the time the overpayment is made. Amount (2) The amount of the overpayment is as determined by the Board.  1997, c. 16, Sched. A, s. 147.
148 (1) The Board shall develop policies governing the circumstances in which the powers under subsections 12 (8) and (9), subsection 12.2 (3) and sections 76, 137, 139 and 146 are to be exercised and setting out criteria governing the fair, reasonable and timely exercise of those powers.  1997, c. 16, Sched. A, s. 148 (1); 2008, c. 20, s. 6. Same (2) The Board shall be bound by the policies in its administration of those sections.  1997, c. 16, Sched. A, s. 148 (2). Section Amendments with date in force (d/m/y) 2008, c. 20, s. 6 - 01/01/2013 Offences and Penalties Offences
149 (1) A person who knowingly makes a false or misleading statement or representation to the Board in connection with any person’s claim for benefits under the insurance plan is guilty of an offence.  1997, c. 16, Sched. A, s. 149 (1). Same, material change in circumstances (2) A person who wilfully fails to inform the Board of a material change in circumstances in connection with his or her entitlement to benefits within 10 days after the change occurs is guilty of an offence.  1997, c. 16, Sched. A, s. 149 (2). Same (3) An employer who wilfully fails to inform the Board of a material change in circumstances in connection with an obligation of the employer under this Act within 10 days after the change occurs is guilty of an offence.  1997, c. 16, Sched. A, s. 149 (3). Same, by supplier, etc. (4) A person who knowingly makes a false or misleading statement or representation to the Board to obtain payment for goods or services provided to the Board, whether or not the Board received the goods or services, is guilty of an offence.  1997, c. 16, Sched. A, s. 149 (4). Same, material change in circumstances, s. 12.2 (9) (4.1) A person who wilfully fails to comply with subsection 12.2 (9) is guilty of an offence.  2008, c. 20, s. 7. Same, false or misleading statement, s. 12.3 (4) (4.2) A person who knowingly makes a false or misleading statement or representation in a declaration made under subsection 12.3 (4) is guilty of an offence.  2008, c. 20, s. 7. Same, material change in circumstances, s. 12.3 (6), (7) (4.3) A person who wilfully fails to comply with subsection 12.3 (6) or (7) is guilty of an offence.  2008, c. 20, s. 7. Restitution order (5) If a person is convicted of an offence under this section, the court may also order the person to pay to the Board any money received by the person or obtained by the person on behalf of another person by reason of the commission of the offence. The money payable to the Board shall be deemed to be an amount owing under this Act.  1997, c. 16, Sched. A, s. 149 (5). (6) Repealed:  2001, c. 9, Sched. I, s. 4 (3). Other remedies (7) Subsection (5) does not limit the right of the Board to take such other steps as it considers appropriate to recover an amount owing to it.  1997, c. 16, Sched. A, s. 149 (7). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 4 (3) - 29/06/2001 2008, c. 20, s. 7 - 01/01/2013
150 (1) An employer or employer’s representative who contravenes subsection 37 (4), 59 (6) or 181 (3) is guilty of an offence. Same, Board employees, etc. (2) A person who contravenes subsection 181 (1) is guilty of an offence.  1997, c. 16, Sched. A, s. 150. Offences, ss. 75, 76
151 (1) An employer who fails to register or to provide the information required under section 75 is guilty of an offence.  1997, c. 16, Sched. A, s. 151 (1). Same, false information (1.1) An employer who knowingly provides false or misleading information under section 75 is guilty of an offence.  2000, c. 26, Sched. I, s. 1 (18). Same, change of status (2) An employer who fails to comply with section 76 is guilty of an offence.  1997, c. 16, Sched. A, s. 151 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. I, s. 1 (18) - 06/12/2000
151.1 A person who fails to comply with subsection 12.3 (1), (2) or (3) is guilty of an offence.  2008, c. 20, s. 8. Section Amendments with date in force (d/m/y) 2008, c. 20, s. 8 - 01/01/2013
151.2 (1) A person who fails to comply with subsection 141.2 (2), (6) or (9) or contravenes subsection 141.2 (8) is guilty of an offence.  2008, c. 20, s. 8. Same (2) A contractor or subcontractor who fails to comply with subsection 141.2 (5) or contravenes subsection 141.2 (7) is guilty of an offence.  2008, c. 20, s. 8. Section Amendments with date in force (d/m/y) 2008, c. 20, s. 8 - 01/01/2013 Offences, ss. 21, 78, 80
152 (1) An employer who fails to comply with subsection 78 (1), (2) or (3) or 80 (1) is guilty of an offence.  2001, c. 9, Sched. I, s. 4 (4). Same (1.1) An employer who fails to comply with a requirement of the Board under subsection 78 (4) or 80 (2) is guilty of an offence.  2001, c. 9, Sched. I, s. 4 (4). Same (2) An employer who provides a statement under subsection 78 (1), (2), (3) or (4) that is not an accurate statement of a matter required to be set out in it is guilty of an offence.  1997, c. 16, Sched. A, s. 152 (2); 2000, c. 26, Sched. I, s. 1 (20). Same, notice of accident (3) An employer who fails to comply with section 21 is guilty of an offence.  1997, c. 16, Sched. A, s. 152 (3). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. I, s. 1 (19, 20) - 06/12/2000 2001, c. 9, Sched. I, s. 4 (4) - 29/06/2001
153 (1) A person who obstructs or hinders an examination, investigation or inquiry authorized by subsection 135 (1) is guilty of an offence. Same (2) A person who obstructs or hinders an inspection authorized by subsection 135 (2) is guilty of an offence.  1997, c. 16, Sched. A, s. 153.
154 An employer who fails to comply with a requirement of the Board under section 137 is guilty of an offence.  1997, c. 16, Sched. A, s. 154.
155 (1) An employer who contravenes subsection 95.1 (1) is guilty of an offence.  2000, c. 26, Sched. I, s. 1 (21). Restitution order (2) If a person is convicted of an offence under this section, the court shall also order the person to pay to the Board on behalf of an affected worker any sum deducted from the worker’s wages or any sum that the worker was required or permitted to pay in contravention of subsection 95.1 (1).  The amount payable to the Board shall be deemed to be an amount owing under this Act.  2000, c. 26, Sched. I, s. 1 (21). Same (3) When the court makes an order under subsection (2), the Board shall pay the sum determined under the order to the worker.  2000, c. 26, Sched. I, s. 1 (21). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. I, s. 1 (21) - 06/12/2000
155.1 An employer who contravenes section 22.1 is guilty of an offence. 2015, c. 34, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 3, s. 4 - 10/12/2015
156 (1) A person who contravenes or fails to comply with a regulation made under this Act is guilty of an offence. Restriction on prosecution (2) A prosecution shall not be instituted for an offence under this section except with the consent in writing of the Board.  1997, c. 16, Sched. A, s. 156.
157 If a corporation commits an offence under this Act, every director or officer of the corporation who knowingly authorized, permitted or acquiesced in the commission of the offence is guilty of an offence, whether or not the corporation has been prosecuted or convicted.  1997, c. 16, Sched. A, s. 157.
157.1 (1) A prosecution for an offence under this Act shall not be commenced more than two years after the day on which the most recent act or omission upon which the prosecution is based comes to the knowledge of the Board.  2001, c. 9, Sched. I, s. 4 (5). Exception (2) Despite subsection (1), there is no limitation period for prosecuting an offence under section 149.  2001, c. 9, Sched. I, s. 4 (5). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 4 (5) - 29/06/2001
158 (1) A person who is convicted of an offence is liable to the following penalty: 1.  If the person is an individual, he or she is liable to a fine not exceeding $25,000 or to imprisonment not exceeding six months or to both. 2.  If the person is not an individual, the person is liable to a fine not exceeding $500,000. 1997, c. 16, Sched. A, s. 158 (1); 2015, c. 34, Sched. 3, s. 5. Fines (2) Any fine paid as a penalty for a conviction under this Act shall be paid to the Board and shall form part of the insurance fund. 1997, c. 16, Sched. A, s. 158 (2). Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 3, s. 5 - 10/12/2015 PART XIII 
ADMINISTRATION OF THE ACT Workplace Safety and Insurance Board Board: continued, powers, etc.
160 (1) The Board may enter into an agreement with the workers’ compensation authority of another province or territory of Canada for the purpose of avoiding duplication of the premiums for which an employer may be liable with respect to the earnings of workers who are employed in Ontario part of the time and in the other province or territory part of the time. Same (2) The agreement may provide for such adjustments in employers’ premiums under the insurance plan as is equitable. Relief from premiums (3) The Board may relieve an employer from paying all or part of the employer’s premiums with respect to those workers. Reimbursement (4) The Board may reimburse the workers’ compensation authority for any payments made under the agreement by the authority for compensation, rehabilitation or heath care.  1997, c. 16, Sched. A, s. 160.
161 (1) The Board shall administer the insurance plan and shall perform such other duties as it is assigned under this Act and any other Act.  2011, c. 11, s. 24 (1). Duty to evaluate proposed changes (2) The Board shall evaluate the consequences of any proposed change in benefits, services, programs and policies to ensure that the purposes of this Act are achieved.  1997, c. 16, Sched. A, s. 161 (2). Duty to monitor (3) The Board shall monitor developments in the understanding of the relationship between workplace insurance and injury and occupational disease, (a)  so that generally accepted advances in health sciences and related disciplines are reflected in benefits, services, programs and policies in a way that is consistent with the purposes of this Act; and (b)  in order to improve the efficiency and effectiveness of the insurance plan.  2011, c. 11, s. 24 (2). Section Amendments with date in force (d/m/y) 2011, c. 11, s. 24 (1, 2) - 01/04/2012
162 (1) A board of directors shall be constituted to govern the Board and to exercise the powers and perform the duties of the Board under this or any other Act.  It shall be composed of, (a)  a chair appointed by the Lieutenant Governor in Council; (b)  the president of the Board appointed by the Lieutenant Governor in Council; and (c)  a minimum of seven and a maximum of nine members who are representative of workers, employers and such others as the Lieutenant Governor in Council considers appropriate, appointed by the Lieutenant Governor in Council.  1997, c. 16, Sched. A, s. 162 (1); 2007, c. 7, Sched. 41, s. 10 (1). Same (1.1) For greater certainty, the positions of chair and president shall be held by different persons.  2007, c. 7, Sched. 41, s. 10 (2). Consultation re president (2) The Lieutenant Governor in Council shall consult with the chair and the members described in clause (1) (c) before appointing the president of the Board.  1997, c. 16, Sched. A, s. 162 (2). Remuneration and expenses (3) The Board shall pay members of the board of directors such remuneration and benefits and reimburse them for such reasonable expenses as may be determined by the Lieutenant Governor in Council. The remuneration and expenses are administrative expenses of the Board.  1997, c. 16, Sched. A, s. 162 (3). Meetings of the board (4) The board of directors shall meet at the call of the chair at least four times in each year.  1997, c. 16, Sched. A, s. 162 (4); 2023, c. 2, Sched. 9, s. 4. Quorum (5) A majority of members of the board of directors holding office constitutes a quorum and a decision of a majority of the members constituting the quorum is the decision of the board of directors.  1997, c. 16, Sched. A, s. 162 (5). Vacancy (6) The board of directors may act despite a vacancy in its membership.  1997, c. 16, Sched. A, s. 162 (6). Absence of chair (7) The chair shall decide which member of the board of directors is to act as chair in his or her absence. If the chair does not do so, the board of directors may decide which member is to act in the chair’s absence.  1997, c. 16, Sched. A, s. 162 (7). (8)-(12) Repealed:  2000, c. 26, Sched. I, s. 1 (22). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. I, s. 1 (22) - 06/12/2000 2007, c. 7, Sched. 41, s. 10 (1) - 26/01/2009; 2007, c. 7, Sched. 41, s. 10 (2) - 01/07/2007 2023, c. 2, Sched. 9, s. 4 - 22/03/2023
163 (1) The board of directors shall act in a financially responsible and accountable manner in exercising its powers and performing its duties. Same, board members (2) 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.  1997, c. 16, Sched. A, s. 163.
164 The board of directors may delegate a power or duty of the Board to a member of the board of directors or to an officer or employee of the Board and may impose conditions and limitations on the delegation. The delegation must be made in writing.  1997, c. 16, Sched. A, s. 164.
165 (1) Repealed: 2022, c. 17, Sched. 6, s. 1. Place of meeting (2) The board of directors may hold meetings in any place in Ontario that the board considers convenient.  1997, c. 16, Sched. A, s. 165 (2). Section Amendments with date in force (d/m/y) 1997, c. 26, Sched. - 01/01/1998 2022, c. 17, Sched. 6, s. 1 - 08/09/2022
166 (1) The Board and the Minister shall be parties to a memorandum of understanding that shall contain only such terms as may be directed by the Minister. 2023, c. 2, Sched. 9, s. 5 (1). Same, review (1.1) The Board and the Minister shall review the memorandum of understanding every five years from the later of the date that the memorandum of understanding is signed by the parties and the date a letter of affirmation is signed by the parties, or on such earlier date as the Minister may direct. 2023, c. 2, Sched. 9, s. 5 (1). Same, amendment (1.2) Following a review under subsection (1.1), the Minister may direct that the memorandum of understanding be amended on such terms as the Minister directs. 2023, c. 2, Sched. 9, s. 5 (1). Contents (2) The memorandum of understanding must impose the following requirements: 1.  Repealed: 2023, c. 2, Sched. 9, s. 5 (2). 2.  The Board must give the Minister an annual statement setting out its proposed priorities for administering this Act and the regulations. 3.  The Board must give the Minister an annual statement of its investment policies and goals. 1997, c. 16, Sched. A, s. 166 (2); 2023, c. 2, Sched. 9, s. 5 (2). Same (3) 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.1997, c. 16, Sched. A, s. 166 (3). Same (4) The memorandum of understanding may address the following matters: 1.  Any direction by the Minister about the programs to be reviewed under section 168. 2.  Any matter proposed by the Board and agreed to by the Minister. 3.  Any other matter the Minister considers appropriate. 1997, c. 16, Sched. A, s. 166 (4). Compliance (5) The Board shall comply with the memorandum of understanding.  1997, c. 16, Sched. A, s. 166 (5). Section Amendments with date in force (d/m/y) 2023, c. 2, Sched. 9, s. 5 (1, 2) - 22/03/2023
167 (1) The Minister may direct the Board to provide the Minister with information that the Minister considers necessary for the proper administration of this Act. 2021, c. 3, s. 2. Same (2) If the Minister directs the Board to provide information under subsection (1), the Board shall provide the information on or before the date specified by the Minister and in the form specified by the Minister. 2021, c. 3, s. 2. Same, delegation to Deputy Minister (3) The Minister may delegate the Minister’s powers under this section to the Deputy Minister. 2021, c. 3, s. 2. Section Amendments with date in force (d/m/y) 2010, c. 26, Sched. 21, s. 4 - 08/12/2010 2021, c. 3, s. 2 - 14/04/2021
168 (1) 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 provided under this Act.  1997, c. 16, Sched. A, s. 168 (1). Same (2) The Minister may determine which program is to be reviewed and shall notify the board of directors if he or she selects a program for review.  1997, c. 16, Sched. A, s. 168 (2). Same (3) The review must be performed under the direction of the Auditor General by one or more public accountants who are licensed under the Public Accounting Act, 2004.  1997, c. 16, Sched. A, s. 168 (3); 2004, c. 17, s. 32; 2004, c. 8, ss. 46, 47 (2). Section Amendments with date in force (d/m/y) 2004, c. 8, s. 46, 47 (2) - 01/11/2005; 2004, c. 17, s. 32 - 30/11/2004
169 (1) The accounts of the Board shall be audited by the Auditor General or under his or her direction by an auditor appointed by the Lieutenant Governor in Council to audit them.  1997, c. 16, Sched. A, s. 169 (1); 2004, c. 17, s. 32. Remuneration, etc. (2) The Board shall pay the remuneration and reasonable expenses of an auditor appointed by the Lieutenant Governor in Council. The remuneration and expenses are administrative expenses of the Board.  1997, c. 16, Sched. A, s. 169 (2). Section Amendments with date in force (d/m/y) 2004, c. 17, s. 32 - 30/11/2004
170 (1) The Board shall prepare an annual report, provide it to the Minister and make it available to the public. 2017, c. 34, Sched. 46, s. 55. Same (2) The Board shall comply with such directives as may be issued by the Management Board of Cabinet with respect to, (a)  the form and content of the annual report; (b)  when to provide it to the Minister; and (c)  when and how to make it available to the public. 2017, c. 34, Sched. 46, s. 55. Same (3) The Board shall include such additional content in the annual report as the Minister may require. 2017, c. 34, Sched. 46, s. 55.
170.1 The Minister shall table the Board’s annual report in the Assembly and shall comply with such directives as may be issued by the Management Board of Cabinet with respect to when to table it. 2017, c. 34, Sched. 46, s. 55. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 46, s. 55 - 01/01/2018
171 (1) The purpose of the employees’ pension plan is to pay superannuation allowances and allowances upon the death or disability of full-time members of the board of directors and employees of the Board. 2018, c. 8, Sched. 37, s. 2 (1). Expenses (2) The Board’s cost of maintaining and administering the pension plan is chargeable to the insurance fund. 2018, c. 8, Sched. 37, s. 2 (1). (3) Repealed: 2018, c. 8, Sched. 37, s. 2 (1). Deemed employees (4) The following persons shall be deemed to be employees of the Board for the purposes of the pension plan: 1.  The employees of safe workplace associations that were designated under section 6 at any time before the repeal of that section by section 20 of the Occupational Health and Safety Statute Law Amendment Act, 2011. 1.1  The employees of safe workplace associations designated under section 22.5 of the Occupational Health and Safety Act. 2.  Persons who are deemed, on January 1, 1998, to be employees of the Workers’ Compensation Board under paragraph 2 of subsection 68 (3) of the Workers’ Compensation Act. 3.  Persons who are deemed, on January 1, 1998, to be employees of the Workers’ Compensation Board under subsection 68 (5) of the Workers’ Compensation Act. 4.  The employees of safety and accident prevention associations that, on January 1, 1998, are designated under subclause 16 (1) (n) (ii) of the Occupational Health and Safety Act.  1997, c. 16, Sched. A, s. 171 (4); 2000, c. 26, Sched. I, s. 1 (23); 2011, c. 11, s. 25. (5), (6) Repealed:  2000, c. 26, Sched. I, s. 1 (24). (7), (8) Repealed: 2018, c. 8, Sched. 37, s. 2 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. I, s. 1 (23) - 01/01/1998; 2000, c. 26, Sched. I, s. 1 (24) - 06/12/2000 2011, c. 11, s. 25 - 01/04/2012 2018, c. 8, Sched. 37, s. 2 (1, 2) - 01/07/2020 Mines
172 (1) The Board shall pay the reasonable expenses of establishing, maintaining and operating mine rescue stations under the Occupational Health and Safety Act. Medical examinations for mine workers (2) The Board may pay the remuneration and expenses of medical officers to examine workers and applicants for employment in a mine or mining plant in accordance with the regulations made under the Occupational Health and Safety Act. Same (3) The Board may take into account amounts paid under subsection (2) when determining the premiums to be paid under the insurance plan by Schedule 1 employers or the payments to be made by Schedule 2 employers who have workers receiving benefits under the insurance plan for silicosis.  1997, c. 16, Sched. A, s. 172.
172.1 The Board shall pay persons who are regularly employed in the construction industry for the time they spend fulfilling the requirements to become certified for the purposes of the Occupational Health and Safety Act.  However, the Board shall not pay persons who may represent management as members of a joint health and safety committee.  2011, c. 11, s. 26. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 26 - 01/04/2012 Workplace Safety and Insurance Appeals Tribunal
173 (1) The Workers’ Compensation Appeals Tribunal is continued under the name Workplace Safety and Insurance Appeals Tribunal in English and Tribunal d’appel de la sécurité professionnelle et de l’assurance contre les accidents du travail in French.  1997, c. 16, Sched. A, s. 173 (1). Remuneration and expenses (2) The Appeals Tribunal shall pay persons appointed to the tribunal such remuneration and benefits and reimburse them for such reasonable expenses as may be determined by the Lieutenant Governor in Council.  1997, c. 16, Sched. A, s. 173 (2). Chair and chief executive officer (3) A chair of the Appeals Tribunal appointed by the Lieutenant Governor in Council shall hear and decide appeals and such other matters as are conferred upon the tribunal under this Act and act as the tribunal’s chief executive officer.  1997, c. 16, Sched. A, s. 173 (3); 2000, c. 26, Sched. I, s. 1 (25). Absence of chair (4) The chair shall decide which vice-chair is to act as chair in his or her absence. If the chair does not do so, the Minister may decide which vice-chair is to act in the chair’s absence.  1997, c. 16, Sched. A, s. 173 (4). Employees (5) The chair may, on behalf of the Appeals Tribunal employ such persons as the chair considers necessary for its purposes. The terms and conditions of their employment must conform to such guidelines as may be established by Management Board of Cabinet.  1997, c. 16, Sched. A, s. 173 (5). Operating costs (6) The operating costs of the Appeals Tribunal are expenses of the Board.  1997, c. 16, Sched. A, s. 173 (6). (7) Repealed:  2000, c. 26, Sched. I, s. 1 (26). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. I, s. 1 (25) - 01/01/1998; 2000, c. 26, Sched. I, s. 1 (26) - 06/12/2000
173.1 (1) The Appeals Tribunal may contract with any other person for any purpose that the chair considers necessary and the Appeals Tribunal is deemed to be a person for the purposes of the contract and is a party to the contract. 2017, c. 34, Sched. 45, s. 3. Appointees, employees not parties to contract (2) Persons appointed to and employees of the Appeals Tribunal are not parties to a contract made pursuant to subsection (1) and no person with whom the Appeals Tribunal contracts may commence an action against them for breach of contract. 2017, c. 34, Sched. 45, s. 3. Tribunal party to action (3) The Appeals Tribunal may commence an action against any person with whom it contracts and may be named as a party to an action commenced by a person with whom it contracts. 2017, c. 34, Sched. 45, s. 3. Damages (4) Any damages or costs for which the Appeals Tribunal is found liable by a court in an action described in subsection (3) are operating costs of the Appeals Tribunal and shall be paid by the Board.  2017, c. 34, Sched. 45, s. 3. Transition, prior contracts (5) Any contract that names the Appeals Tribunal as a party that was made before the day section 4 of Schedule 45 to the Stronger, Fairer Ontario Act (Budget Measures), 2017 comes into force and to which a person appointed to or an employee of the Appeals Tribunal is a signatory is deemed to be a contract into which the Appeals Tribunal has entered into as a person and to which the Appeals Tribunal is a party.  2017, c. 34, Sched. 45, s. 3. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 45, s. 4 - 14/12/2017
174 (1) In addition to the chair appointed under subsection 173 (3), the following persons appointed by the Lieutenant Governor in Council to the Appeals Tribunal shall hear and decide appeals and such other matters as are conferred upon the tribunal under this Act: 1.  One or more vice-chairs. 2.  The number of members who are representative of employers and of workers that the Lieutenant Governor in Council considers appropriate.  1997, c. 16, Sched. A, s. 174 (1); 2000, c. 26, Sched. I, s. 1 (27). Same (2) Subject to subsection (3), the chair, or vice-chair assigned by the chair, sitting alone shall hear and decide appeals and such other matters as are conferred upon the tribunal under this Act.  1997, c. 16, Sched. A, s. 174 (2). Exception (3) If the chair considers it appropriate in the circumstances, the chair may appoint a panel of three or five members to hear and decide an appeal or other matter conferred upon the Appeals Tribunal under this Act and the panel composition shall be as follows: 1.  A three-member panel shall consist of the chair or a vice-chair, one tribunal member who is representative of employers and one tribunal member who is representative of workers. 2.  A five-member panel shall consist of, i.  the chair and two vice-chairs, or three vice-chairs, and ii.  one tribunal member who is representative of employers and one who is representative of workers. 2017, c. 34, Sched. 45, s. 5. Decision (4) The decision of a majority of a three or five-member panel is the decision of the Appeals Tribunal. 2017, c. 34, Sched. 45, s. 5. Panels (5) A member sitting alone or a three or five-member panel has all the jurisdiction and powers of the Appeals Tribunal. 2017, c. 34, Sched. 45, s. 5. Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. I, s. 1 (27, 28) - 01/01/1998 2017, c. 34, Sched. 45, s. 5 - 14/12/2017
175 If a member of the Appeals Tribunal ceases to hold office before completing his or her duties in respect of a proceeding, the member may complete those duties.  1997, c. 16, Sched. A, s. 175. Offices of the Worker and Employer Advisers Offices of the Worker and Employer Advisers
176 (1) The Office of the Worker Adviser is continued. Its functions are to educate, advise and represent workers who are not members of a trade union and their survivors.  1997, c. 16, Sched. A, s. 176 (1). Same, Employer Adviser (2) The Office of the Employer Adviser is continued. Its functions are to educate, advise and represent primarily those employers that have fewer than 100 employees.  1997, c. 16, Sched. A, s. 176 (2); 2006, c. 19, Sched. M, s. 7. Costs (3) The Minister shall determine the amount of the costs that may be incurred by each office in performing its functions and the Board shall pay them.  1997, c. 16, Sched. A, s. 176 (3). (4) Repealed:  2011, c. 11, s. 27. Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. M, s. 7 - 22/06/2006 2011, c. 11, s. 27 - 01/06/2011 Fair Practices Commissioner
176.1 (1) The board of directors shall appoint a Fair Practices Commissioner as an ombudsman of the Board. 2015, c. 34, Sched. 3, s. 6. Functions (2) The board of directors shall specify the functions of the Fair Practices Commissioner, which shall include investigating complaints and making recommendations. 2015, c. 34, Sched. 3, s. 6. Annual report (3) Every year, the Fair Practices Commissioner shall, (a)  prepare a report on his or her activities during the previous year; and (b)  provide a copy of the report to the board of directors and make the report available to the public. 2015, c. 34, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 3, s. 6 - 10/12/2015 General
177 (1) The Schedule 1 employers in a class may appoint a committee to watch over their interests in matters to which the insurance plan relates. Composition (2) The committee is composed of a maximum of five members, each of whom must be an employer in the class. Function (3) The committee may be the medium of communication between the Board and the employers in the class to which the committee relates. Certificate re claim (4) The committee may certify to the Board that a person claiming benefits under the insurance plan is entitled to receive them, if the benefits relate to a worker employed by a member of the class to which the committee relates. Effect (5) The Board may act upon the certificate if it is satisfied that the committee sufficiently represents the employers in the class to which the committee relates. Certificate re amount (6) The committee may also certify to the Board the amount of the payments to which the person is entitled under the insurance plan, and the Board may act upon the certificate if the person is satisfied with the amount certified by the committee.  1997, c. 16, Sched. A, s. 177.
178 Services under this Act shall be made available in the French language where appropriate.  1997, c. 16, Sched. A, s. 178.
179 (1) No action or other proceeding for damages may be commenced against any of the following persons for an act or omission done or omitted by the person in good faith in the execution or intended execution of any power or duty under this Act: 1.  Members of the board of directors, officers and employees of the Board. 2.  The chair, vice-chairs, members and employees of the Appeals Tribunal. 3.  Persons employed in the Office of the Worker Adviser or the Office of the Employer Adviser. 4.  Repealed:  2011, c. 11, s. 28 (1). 5.  Physicians who conduct an assessment under section 47 (degree of permanent impairment). 6.  Persons who are engaged by the Board to conduct an examination, investigation, inquiry, inspection or test or who are authorized to perform any function.  1997, c. 16, Sched. A, s. 179 (1); 2006, c. 19, Sched. M, s. 7; 2011, c. 11, s. 28 (1). Transition (1.1) Despite the repeal of paragraph 4 of subsection (1) by subsection 28 (1) of the Occupational Health and Safety Statute Law Amendment Act, 2011, no action or other proceeding for damages may be commenced against persons employed by a safe workplace association, a medical clinic or a training centre designated under section 6 for an act or omission done or omitted by the person in good faith in the execution or intended execution of any power or duty under this Act before the date on which subsection 28 (1) of the Occupational Health and Safety Statute Law Amendment Act, 2011 comes into force.  2011, c. 11, s. 28 (2). Exception (2) Subsection (1) does not relieve the Board of any liability to which the Board would otherwise be subject in respect of a person described in paragraph 1, 4, 5 or 6 of subsection (1).  1997, c. 16, Sched. A, s. 179 (2). Liability of the Crown (3) Subsection (1) does not, by reason of subsection 8 (3) of the Crown Liability and Proceedings Act, 2019, relieve the Crown of liability in respect of a tort committed by a person described in paragraphs 2 and 3 of subsection (1) to which the Crown would otherwise be subject.  1997, c. 16, Sched. A, s. 179 (3); 2019, c. 7, Sched. 17, s. 169. Immunity for health care practitioners, etc. (4) No action or other proceeding may be commenced against a health care practitioner, hospital or health facility for providing information under section 37 or 47 unless he or she or it acts maliciously.  1997, c. 16, Sched. A, s. 179 (4). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. M, s. 7 - 22/06/2006 2011, c. 11, s. 28 (1, 2) - 01/04/2012 2019, c. 7, Sched. 17, s. 169 - 01/07/2019 Rules re witnesses and documents
180 (1) The following persons are not compellable witnesses before a court or tribunal respecting any information or material furnished to or obtained, made or received by them while acting within the scope of their employment under this Act: 1.  Members of the board of directors of the Board. 2.  The chair, vice-chairs and members of the Appeals Tribunal. 3.  Employees of the Board or of the Appeals Tribunal. 4.  Persons employed in the Office of the Worker Adviser or the Office of the Employer Adviser. 5.  Persons who are engaged by the Board or the Appeals Tribunal to conduct an examination, investigation, inquiry, inspection or test or who are authorized by the Board or the Appeals Tribunal to perform any function. 6.  Health care practitioners providing information under section 37.  1997, c. 16, Sched. A, s. 180 (1); 2006, c. 19, Sched. M, s. 7; 2009, c. 33, Sched. 20, s. 4 (2). Production of documents (2) The Board, the members of the board of directors and the employees of, and persons engaged or authorized by the Board are not required to produce, in a proceeding in which the Board is not a party, any information or material furnished, obtained, made or received in the performance of the Board’s, member’s, employee’s or person’s duties under this Act.  The same is true, with necessary modifications, if the Appeals Tribunal, the Office of the Worker Adviser or the Office of the Employer Adviser is not a party to a proceeding.  2000, c. 26, Sched. I, s. 1 (29); 2006, c. 19, Sched. M, s. 7. Exception (3) If the Board is a party to a proceeding, the members of the board of directors and employees of and persons engaged or authorized by the Board may be determined to be compellable witnesses.  The same is true, with necessary modifications, if the Appeals Tribunal, the Office of the Worker Adviser or the Office of the Employer Adviser is a party to a proceeding.  1997, c. 16, Sched. A, s. 180 (3); 2006, c. 19, Sched. M, s. 7. Privileged reports (4) Information provided under section 37 or 47 is privileged and shall not be produced in any action or proceeding.  1997, c. 16, Sched. A, s. 180 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. I, s. 1 (29) - 06/12/2000 2006, c. 19, Sched. M, s. 7 - 22/06/2006 2009, c. 33, Sched. 20, s. 4 (2) - 15/12/2009
181 (1) No member of the board of directors or employee of the Board and no person authorized to make an inquiry under this Act shall disclose information that has come to his or her knowledge in the course of an examination, investigation, inquiry or inspection under this Act Nor shall he or she allow it to be disclosed. Exception (2) The board member, employee or person may disclose information or allow it to be disclosed in the performance of his or her duties or under the authority of the Board. Same (3) No employer or employer’s representative shall disclose health information received from a health care practitioner, hospital, health facility or any other person or organization about a worker who has made a claim for benefits unless specifically permitted by the Act.  1997, c. 16, Sched. A, s. 181.
182 A document or extract that purports to be certified on behalf of the Board as a true copy shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the document or extract without proof of the signature or the position of the person appearing to have signed the certificate.  1997, c. 16, Sched. A, s. 182.
182.1 (1) Before the first anniversary of the day section 9 of the Workplace Safety and Insurance Amendment Act, 2008 comes into force, the following persons may make and file with the Board a declaration in a form approved by the Board, in order to allow the Board to prepare for the implementation of sections 12.2 and 12.3: 1.  Every independent operator who carries on business in construction. 2.  Every sole proprietor who carries on business in construction and does not employ any workers. 3.  Every partner in a partnership that carries on business in construction and does not employ any workers.  2008, c. 20, s. 9. Exempt home renovation work (2) Subsection (1) does not apply in respect of, (a)  independent operators and sole proprietors described in clause 12.2 (8) (a); and (b)  partners and executive officers described in clause 12.2 (8) (b).  2008, c. 20, s. 9. Section Amendments with date in force (d/m/y) 2008, c. 20, s. 9 - 01/01/2012
182.2 Every person who has made and filed a declaration under subsection 182.1 (1) is deemed to have registered with the Board under section 12.3 on the first anniversary of the day section 9 of the Workplace Safety and Insurance Amendment Act, 2008
comes into force.  2008, c. 20, s. 10. Section Amendments with date in force (d/m/y) 2008, c. 20, s. 10 - 01/01/2013
is not binding upon the worker or survivor unless it is approved by the Board. Exception (2) Subsection (1) does not apply with respect to payments to a worker for a loss of earnings that lasts for less than four weeks. However, the Board may set aside such an agreement upon such terms as it considers just, either on its own initiative or on the request of the worker. Effect of provision (3) Nothing in this section authorizes the making of an agreement except with respect to an accident that has already happened and the payments to which the worker or survivor has become entitled because of it.  1997, c. 16, Sched. A, s. 63.