jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 The purpose of this Act is to accomplish the following in a financially responsible and accountable manner: 1.  To promote health and safety in workplaces. 2.  To facilitate the return to work and recovery of workers who sustain personal injury arising out of and in the course of employment or who suffer from an occupational disease. 3.  To facilitate the re-entry into the labour market of workers and spouses of deceased workers. 4.  To provide compensation and other benefits to workers and to the survivors of deceased workers.  1997, c. 16, Sched. A, s. 1; 1999, c. 6, s. 67 (1); 2005, c. 5, s. 73 (1); 2011, c. 11, s. 19. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 67 (1) - 01/03/2000 2005, c. 5, s. 73 (1) - 09/03/2005 2011, c. 11, s. 19 - 01/04/2012
2.1 (1) A provision of this Act or the regulations under it, or a decision or policy made under this Act or the regulations under it, that requires or authorizes a distinction because of age applies despite sections 1 and 5 of the Human Rights Code.  2005, c. 29, s. 7. Same (2) Subsection (1) applies with necessary modifications to any predecessor to this Act or the regulations under it, or any decision or policy made under such an Act or regulation.  2005, c. 29, s. 7. Same (3) Subsections (1) and (2) apply even if the facts in respect of which the requirement or distinction is made occurred before the day on which this section comes into force.  2005, c. 29, s. 7. Section Amendments with date in force (d/m/y) 2005, c. 29, s. 7 - 12/12/2005
2.2 For the purposes of this Act, a worker who receives medical assistance in dying is deemed to have died as a result of the injury or disease for which the worker was determined to be eligible to receive medical assistance in dying in accordance with paragraph 241.2 (3) (a) of the Criminal Code (Canada). 2017, c. 7, s. 6 (2). Section Amendments with date in force (d/m/y) 2017, c. 7, s. 6 (2) - 10/05/2017 Part II (ss. 3-10) Repealed:  2011, c. 11, s. 20. 3 Repealed: 2011, c. 11, s. 20. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 20 - 01/04/2012 4 Repealed: 2011, c. 11, s. 20. Section Amendments with date in force (d/m/y) 2008, c. 20, s. 2 - no effect - see 2011, c. 11, s. 20
- 01/04/2012 2010, c. 16, Sched. 9, s. 2 - 25/10/2010 2011, c. 11, s. 20 - 01/04/2012 5-7 Repealed: 2011, c. 11, s. 20. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 20 - 01/04/2012 8 Repealed: 2011, c. 11, s. 20. Section Amendments with date in force (d/m/y) 2010, c. 15, s. 248 (1) - no effect - see 2011, c. 11, s. 20
- 01/04/2012 2011, c. 11, s. 20 - 01/04/2012 9 Repealed: 2011, c. 11, s. 20. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 20 - 01/04/2012 10 Repealed: 2011, c. 11, s. 20. Section Amendments with date in force (d/m/y) 1997, c. 16, Sched. A, s. 10 (2) - no effect - see 2011, c. 11, s. 20
- 01/04/2012 2011, c. 11, s. 20 - 01/04/2012 PART III 
INSURANCE PLAN Insured Employment, Injuries and Diseases
11 (1) The insurance plan applies to every worker who is employed by a Schedule 1 employer or a Schedule 2 employer However, it does not apply to workers who are, (a)  persons whose employment by an employer is of a casual nature and who are employed otherwise than for the purposes of the employer’s industry; or (b)  persons to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in the person’s own home or on other premises not under the control or management of the person who gave out the articles or materials.  1997, c. 16, Sched. A, s. 11 (1). Exception (2) Subject to sections 12 and 12.2, the insurance plan does not apply to workers who are executive officers of a corporation.  1997, c. 16, Sched. A, s. 11 (2); 2008, c. 20, s. 3. Section Amendments with date in force (d/m/y) 2008, c. 20, s. 3 - 01/01/2013 Optional insurance
12.1 In sections 12.2, 12.3 and 182.1, “independent operator” means, (a)  an individual who, (i)  does not employ any workers, (ii)  reports himself or herself as self-employed for the purposes of an Act or regulation of Ontario, Canada or another province or territory of Canada, and (iii)  is retained as a contractor or subcontractor by more than one person during the time period set out in a Board policy, or (b)  an individual who is an executive officer of a corporation that, (i)  does not employ any workers other than the individual, and (ii)  is retained as a contractor or subcontractor by more than one person during the time period set out in a Board policy.  2008, c. 20, s. 4; 2011, c. 1, Sched. 7, s. 3 (1, 2). Section Amendments with date in force (d/m/y) 2008, c. 20, s. 4 - 01/01/2013 2011, c. 1, Sched. 7, s. 3 (1, 2) - 01/01/2013 Compulsory insurance — construction
12.3 (1) Every independent operator carrying on business in construction shall register with the Board within 10 days after becoming such an independent operator.  2008, c. 20, s. 4. Same (2) Every sole proprietor who carries on business in construction and does not employ any workers shall register with the Board within 10 days after becoming such a sole proprietor.  2008, c. 20, s. 4. Same (3) Every partner in a partnership that carries on business in construction and does not employ any workers shall register with the Board within 10 days after becoming such a partner unless the partner is not subject to subsections 12.2 (1) to (4).  2008, c. 20, s. 4. Information (4) A person who registers with the Board under this section shall, when registering and at such other times as the Board may require, make and file with the Board a declaration containing such information as the Board may require to administer section 12.2.  2008, c. 20, s. 4. Exempt home renovation work (5) Subsections (1) to (4) do not apply in respect of, (a)  independent operators and sole proprietors described in clause 12.2 (8) (a); and (b)  partners described in clause 12.2 (8) (b).  2008, c. 20, s. 4; 2011, c. 1, Sched. 7, s. 3 (3). Material change in circumstances (6) A person who registers with the Board under this section shall notify the Board of any material change in circumstances in connection with information given to the Board under subsection (4), within 10 days after the material change occurs.  2008, c. 20, s. 4. Same, exemption (7) A person in respect of whom the exemption set out in subsection (5) applies shall notify the Board of any material change in circumstances in connection with the exemption, within 10 days after the material change occurs.  2008, c. 20, s. 4. Section Amendments with date in force (d/m/y) 2008, c. 20, s. 4 - 01/01/2013 2011, c. 1, Sched. 7, s. 3 (3) - 01/01/2013
13 (1) A worker who sustains a personal injury by accident arising out of and in the course of his or her employment is entitled to benefits under the insurance plan. 1997, c. 16, Sched. A, s. 13 (1). Presumptions (2) If the accident arises out of the worker’s employment, it is presumed to have occurred in the course of the employment unless the contrary is shown. If it occurs in the course of the worker’s employment, it is presumed to have arisen out of the employment unless the contrary is shown. 1997, c. 16, Sched. A, s. 13 (2). Exception, employment outside Ontario (3) Except as provided in sections 18 to 20, the worker is not entitled to benefits under the insurance plan if the accident occurs while the worker is employed outside of Ontario. 1997, c. 16, Sched. A, s. 13 (3). Mental stress (4) Subject to subsection (5), a worker is entitled to benefits under the insurance plan for chronic or traumatic mental stress arising out of and in the course of the worker’s employment. 2017, c. 8, Sched. 33, s. 1. Personal injury (4.1) The worker is entitled to benefits under the insurance plan as if the mental stress were a personal injury by accident. 2017, c. 34, Sched. 45, s. 1. Same, exception (5) A worker is not entitled to benefits for mental stress caused by decisions or actions of the worker’s employer relating to the worker’s employment, including a decision to change the work to be performed or the working conditions, to discipline the worker or to terminate the employment. 2017, c. 8, Sched. 33, s. 1. Section Amendments with date in force (d/m/y) 2016, c. 4, s. 1 - 06/04/2016 2017, c. 8, Sched. 33, s. 1 - 01/01/2018; 2017, c. 34, Sched. 45, s. 1 - 01/01/2018
15 (1) This section applies if a worker suffers from and is impaired by an occupational disease that occurs due to the nature of one or more employments in which the worker was engaged. Entitlement to benefits (2) The worker is entitled to benefits under the insurance plan as if the disease were a personal injury by accident and as if the impairment were the happening of the accident. Presumption re causation (3) If, before the date of the impairment, the worker was employed in a process set out in Schedule 3 and if he or she contracts the disease specified in the Schedule, the disease is presumed to have occurred due to the nature of the worker’s employment unless the contrary is shown. Causation of disease (4) If, before the date of the impairment, the worker was employed in a process set out in Schedule 4 and if he or she contracts the disease specified in the Schedule, the disease shall be deemed to have occurred due to the nature of the worker’s employment. Restriction, silicosis (5) A worker and his or her survivors are not entitled to benefits under the insurance plan for impairment from silicosis unless the worker has been actually exposed to silica dust for at least two years in his or her employment in Ontario prior to becoming impaired. Restriction, pneumoconiosis, etc. (6) Subsection (5) applies, with necessary modifications, with respect to impairment from pneumoconiosis and stone worker’s or grinder’s phthisis. Other occupational diseases (7) This section does not affect the right of a worker to benefits under the insurance plan in respect of an occupational disease to which this section does not apply if the disease is the result of an injury for which the worker is entitled to benefits under the insurance plan.  1997, c. 16, Sched. A, s. 15. Presumptions re: firefighters, etc.
15.2 (1) This section applies where a regulation under section 15.1 is made or amended and, as a result, a presumption established under section 15.1 applies to an injury sustained by a worker or to a disease with which a worker is diagnosed.  2007, c. 3, s. 2. New claims (2) If the worker or his or her survivor never filed a claim in respect of the injury or disease, the worker or his or her survivor may file a claim with the Board, and the Board shall decide the claim in accordance with section 15.1 and the regulations under it, as that section and those regulations read at the time the Board makes its decision.  2007, c. 3, s. 2. Refiled claims (3) Subject to subsection (4), if the worker or his or her survivor filed a claim in respect of the injury or disease and the claim was denied by the Board or by the Appeals Tribunal, the worker or his or her survivor may refile the claim with the Board, and the Board shall decide the claim in accordance with section 15.1 and the regulations under it, as that section and those regulations read at the time the Board makes its decision.  2007, c. 3, s. 2. Time limits (4) The time limits in subsections 22 (1) and (2) do not apply in respect of a claim that is refiled under subsection (3).  2007, c. 3, s. 2. Pending appeal (5) If a claim is pending before the Appeals Tribunal, the Appeals Tribunal shall refer the claim back to the Board, and the Board shall decide the claim in accordance with section 15.1 and the regulations under it, as that section and those regulations read at the time the Board makes its decision.  2007, c. 3, s. 2. Pending claim (6) If a claim is pending before the Board, the Board shall decide the claim in accordance with section 15.1 and the regulations under it, as that section and those regulations read at the time the Board makes its decision.  2007, c. 3, s. 2. Section Amendments with date in force (d/m/y) 2007, c. 3, s. 2 - 04/05/2007
16 An agreement between a worker and his or her employer to waive or to forego any benefit to which the worker or his or her survivors are or may become entitled under the insurance plan is void.  1997, c. 16, Sched. A, s. 16.
17 If an injury is attributable solely to the serious and wilful misconduct of the worker, no benefits shall be provided under the insurance plan unless the injury results in the worker’s death or serious impairment.  1997, c. 16, Sched. A, s. 17.
18 (1) This section applies if the accident happens while the worker is employed outside of Ontario, if the worker resides and is usually employed in Ontario and if the employer’s place of business is in Ontario. Outside Ontario less than six months (2) The worker is entitled to benefits under the insurance plan if the employment outside of Ontario has lasted less than six months. Same, six months or more (3) Upon the application of the employer, the Board may declare that the insurance plan applies to a worker whose employment outside of Ontario lasts or is likely to last six months or more.  1997, c. 16, Sched. A, s. 18.
19 (1) A worker who resides outside of Ontario is entitled to benefits under the insurance plan if his or her employer’s place of business is in Ontario, the worker’s usual place of employment is in Ontario and the accident happens while the worker is employed outside of Ontario for a temporary purpose connected with the worker’s employment. Same, non-Ontario employer (2) If the accident happens outside of Ontario, the employer’s place of business is outside of Ontario and the worker is entitled to compensation under the law of the place where the accident happens, the worker is entitled to benefits under the insurance plan only if the worker’s place of employment is in Ontario and the accident happens while the worker is employed outside of Ontario for a casual or incidental purpose connected with the worker’s employment. Same, on a vessel (3) If the accident happens outside of Ontario on a vessel, the worker is entitled to benefits under the insurance plan if the worker resides in Ontario and, (a)  if the vessel is registered in Canada; or (b)  if the chief place of business of its owner or of the person who offers it for charter is in Ontario. Same, certain vehicles, etc. (4) If the accident happens outside of Ontario on a train, an aircraft or a vessel or on a vehicle used to transport passengers or goods, the worker is entitled to benefits under the insurance plan if he or she resides in Ontario and is required to perform his or her employment both in and outside of Ontario.  1997, c. 16, Sched. A, s. 19.
20 (1) This section applies if a worker is entitled to benefits under the insurance plan relating to an accident and is also entitled to compensation under the laws of another jurisdiction in respect of the accident regardless of where the accident occurs This section also applies with necessary modifications if the worker’s survivors are so entitled. Same (2) The worker shall elect whether to receive benefits under the insurance plan or to receive compensation under the laws of the other jurisdiction and shall notify the Board of the option elected. If the worker is employed by a Schedule 2 employer, the worker shall also notify the employer. Deadline for electing (3) The election must be made within three months after the accident occurs or, if the accident results in death, within three months after the date of death. However, the Board may permit the election to be made within a longer period. Failure to elect (4) If an election is not made or if notice of the election is not given, the worker is presumed to have elected not to receive benefits under the insurance plan unless the contrary is shown.  1997, c. 16, Sched. A, s. 20. Notice of Accident and Claim for Benefits
21 (1) An employer shall notify the Board within three days after learning of an accident to a worker employed by him, her or it if the accident necessitates health care or results in the worker not being able to earn full wages. Same (2) The notice must be on a form approved by the Board and the employer shall give the Board such other information as the Board may require from time to time in connection with the accident. Failure to comply (3) An employer who fails to comply with this section shall pay the prescribed amount to the Board. This payment is in addition to any penalty imposed by a court for an offence under subsection 152 (3). Copy to worker (4) The employer shall give a copy of the notice to the worker at the time the notice is given to the Board.  1997, c. 16, Sched. A, s. 21. Claim for benefits
22 (1) A worker shall file a claim as soon as possible after the accident that gives rise to the claim, but in no case shall he or she file a claim more than six months after the accident or, in the case of an occupational disease, after the worker learns that he or she suffers from the disease. Same, survivor (2) A survivor who is entitled to benefits as a result of the death of a worker shall file a claim as soon as possible after the worker’s death, but in no case shall he or she file a claim more than six months after the worker’s death. Extension of time (3) The Board may permit a claim to be filed after the six-month period expires if, in the opinion of the Board, it is just to do so. Form and contents (4) A claim must be on a form approved by the Board and must be accompanied by such information and documents as the Board may require. Consent re functional abilities (5) When filing a claim, a worker must consent to the disclosure to his or her employer of information provided by a health professional under subsection 37 (3) concerning the worker’s functional abilities. The disclosure is for the sole purpose of facilitating the worker’s return to work. Failure to file (6) If the claimant does not file the claim with the Board in accordance with this section or does not give the consent required by subsection (5), no benefits shall be provided under the insurance plan unless the Board, in its opinion, decides that it is just to do so. Notice to employer (7) The claimant shall give a copy of his or her claim to the worker’s employer at the time the claim is given to the Board. Same, occupational disease (8) A copy of the claim for an occupational disease must be given to the employer who has most recently employed the worker in the employment to the nature of which the disease is due.  1997, c. 16, Sched. A, s. 22.
22.1 (1) No employer shall take any action, including but not limited to the prohibited actions set out in subsection (2), in respect of a worker with the intent of, (a)  discouraging or preventing the worker from filing a claim for benefits under section 22; or (b)  influencing or inducing the worker to withdraw or abandon a claim for benefits made under section 22. 2015, c. 34, Sched. 3, s. 1. Same (2) For the purposes of subsection (1), the following actions are prohibited: 1.  Dismissing or threatening to dismiss a worker. 2.  Disciplining or suspending, or threatening to discipline or suspend a worker. 3.  Imposing a penalty upon a worker. 4.  Directly or indirectly intimidating or coercing a worker with threats, promises, persuasion or other means. 2015, c. 34, Sched. 3, s. 1. Administrative penalty (3) An employer who contravenes subsection (1) shall pay the prescribed amount to the Board.  This payment is in addition to any penalty imposed by a court for an offence under section 155.1. 2015, c. 34, Sched. 3, s. 1. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 3, s. 1 - 10/12/2015
23 (1) A person receiving benefits under the insurance plan or who may be entitled to do so shall give the Board such information as the Board may require from time to time in connection with the person’s claim. Effect of non-compliance (2) If the person fails to comply with subsection (1), the Board may reduce or suspend payments to him or her while the non-compliance continues. Notice of material change in circumstances (3) A person receiving benefits under the insurance plan or who may be entitled to do so shall notify the Board of a material change in circumstances in connection with the entitlement within 10 days after the material change occurs.  1997, c. 16, Sched. A, s. 23. Wages and Employment Benefits
24 (1) The employer shall pay a worker who is entitled to benefits under the insurance plan his or her wages and employment benefits for the day of the injury as if the accident had not occurred. Payment by Board (2) If the employer fails to comply with subsection (1), the Board shall pay the wages and employment benefits to or on behalf of the worker. Failure to comply (3) If the employer fails to comply with subsection (1), the employer shall pay to the Board a sum equal to the wages and employment benefits owing under that subsection. This requirement is in addition to any other penalty imposed on the employer or liability of the employer for the failure to comply.  1997, c. 16, Sched. A, s. 24.
26 (1) No action lies to obtain benefits under the insurance plan, but all claims for benefits shall be heard and determined by the Board.  1997, c. 16, Sched. A, s. 26 (1). Benefits in lieu of rights of action (2) Entitlement to benefits under the insurance plan is in lieu of all rights of action (statutory or otherwise) that a worker, a worker’s survivor or a worker’s spouse, child or dependant has or may have against the worker’s employer or an executive officer of the employer for or by reason of an accident happening to the worker or an occupational disease contracted by the worker while in the employment of the employer.  1997, c. 16, Sched. A, s. 26 (2); 1999, c. 6, s. 67 (6); 2005, c. 5, s. 73 (6). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 67 (6) - 01/03/2000 2005, c. 5, s. 73 (6) - 09/03/2005
27 (1) Sections 28 to 31 apply with respect to a worker who sustains an injury or a disease that entitles him or her to benefits under the insurance plan and to the survivors of a deceased worker who are entitled to benefits under the plan.  1997, c. 16, Sched. A, s. 27 (1). Same (2) If a worker’s right of action is taken away under section 28 or 29, the worker’s spouse, child, dependant or survivors are, also, not entitled to commence an action under section 61 of the Family Law Act.  1997, c. 16, Sched. A, s. 27 (2); 1999, c. 6, s. 67 (7); 2005, c. 5, s. 73 (7). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 67 (7) - 01/03/2000 2005, c. 5, s. 73 (7) - 09/03/2005
28 (1) A worker employed by a Schedule 1 employer, the worker’s survivors and a Schedule 1 employer are not entitled to commence an action against the following persons in respect of the worker’s injury or disease: 1.  Any Schedule 1 employer. 2.  A director, executive officer or worker employed by any Schedule 1 employer. Same, Schedule 2 employer (2) A worker employed by a Schedule 2 employer and the worker’s survivors are not entitled to commence an action against the following persons in respect of the worker’s injury or disease: 1.  The worker’s Schedule 2 employer. 2.  A director, executive officer or worker employed by the worker’s Schedule 2 employer. Restriction (3) If the workers of one or more employers were involved in the circumstances in which the worker sustained the injury, subsection (1) applies only if the workers were acting in the course of their employment. Exception (4) Subsections (1) and (2) do not apply if any employer other than the worker’s employer supplied a motor vehicle, machinery or equipment on a purchase or rental basis without also supplying workers to operate the motor vehicle, machinery or equipment.  1997, c. 16, Sched. A, s. 28.
29 (1) This section applies in the following circumstances: 1.  In an action by or on behalf of a worker employed by a Schedule 1 employer or a survivor of such a worker, any Schedule 1 employer or a director, executive officer or another worker employed by a Schedule 1 employer is determined to be at fault or negligent in respect of the accident or the disease that gives rise to the worker’s entitlement to benefits under the insurance plan. 2.  In an action by or on behalf of a worker employed by a Schedule 2 employer or a survivor of such a worker, the worker’s Schedule 2 employer or a director, executive officer or another worker employed by the employer is determined to be at fault or negligent in respect of the accident or the disease that gives rise to the worker’s entitlement to benefits under the insurance plan. Same (2) The employer, director, executive officer or other worker is not liable to pay damages to the worker or his or her survivors or to contribute to or indemnify another person who is liable to pay such damages. Determination of fault (3) The court shall determine what portion of the loss or damage was caused by the fault or negligence of the employer, director, executive officer or other worker and shall do so whether or not he, she or it is a party to the action. Same (4) No damages, contribution or indemnity for the amount determined under subsection (3) to be caused by a person described in that subsection is recoverable in an action.  1997, c. 16, Sched. A, s. 29.
31 (1) A party to an action or an insurer from whom statutory accident benefits are claimed under section 268 of the Insurance Act may apply to the Appeals Tribunal to determine, (a)  whether, because of this Act, the right to commence an action is taken away; (b)  whether the amount that a person may be liable to pay in an action is limited by this Act; or (c)  whether the plaintiff is entitled to claim benefits under the insurance plan. Same (2) The Appeals Tribunal has exclusive jurisdiction to determine a matter described in subsection (1). Finality of decision (3) A decision of the Appeals Tribunal under this section is final and is not open to question or review in a court. Claim for benefits (4) Despite subsections 22 (1) and (2), a worker or survivor may file a claim for benefits within six months after the tribunal’s determination under subsection (1). Extension of time (5) The Board may permit a claim to be filed after the six-month period expires if, in the opinion of the Board, it is just to do so.  1997, c. 16, Sched. A, s. 31. PART IV 
HEALTH CARE
32 In this Part, “health care” means, (a)  professional services provided by a health care practitioner, (b)  services provided by or at hospitals and health facilities, (c)  drugs, (d)  the services of an attendant, (e)  modifications to a person’s home and vehicle and other measures to facilitate independent living as in the Board’s opinion are appropriate, (f)  assistive devices and prostheses, (g)  extraordinary transportation costs to obtain health care, (h)  such measures to improve the quality of life of severely impaired workers as, in the Board’s opinion, are appropriate.  1997, c. 16, Sched. A, s. 32.
33 (1) A worker who sustains an injury is entitled to such health care as may be necessary, appropriate and sufficient as a result of the injury and is entitled to make the initial choice of health professional for the purposes of this section. Arrangements for health care (2) The Board may arrange for the worker’s health care or may approve arrangements for his or her health care. The Board shall pay for the worker’s health care. Same (3) The Board may establish such fee schedules for health care as it considers appropriate. Penalty for late billing (4) If the Board does not receive a bill for health care within such time as the Board may specify, the Board may reduce the amount payable for the health care by such percentage as the Board considers an appropriate penalty. Prohibition (5) No health care practitioner shall request a worker to pay for health care or any related service provided under the insurance plan. No right of action (6) No action lies against the Board to obtain payment of an amount greater than is established in the applicable fee schedule for health care provided to a worker. No action lies against a person other than the Board for payment for health care provided to a worker. Questions re health care (7) The Board shall determine all questions concerning, (a)  the necessity, appropriateness and sufficiency of health care provided to a worker or that may be provided to a worker; and (b)  payment for health care provided to a worker.  1997, c. 16, Sched. A, s. 33.
34 (1) A worker who claims or is receiving benefits under the insurance plan shall co-operate in such health care measures as the Board considers appropriate. Failure to comply (2) If the worker fails to comply with subsection (1), the Board may reduce or suspend payments to the worker under the insurance plan while the non-compliance continues.  1997, c. 16, Sched. A, s. 34.
35 (1) Upon the request of the Board, a worker who claims or is receiving benefits under the insurance plan shall submit to a health examination by a health professional selected and paid for by the Board. Failure to comply (2) If the worker fails to comply with subsection (1) or obstructs the examination without reasonable cause or excuse, the Board may reduce or suspend payments to the worker under the insurance plan while the non-compliance or obstruction continues.  1997, c. 16, Sched. A, s. 35.
36 (1) Upon the request of his or her employer, a worker who claims or is receiving benefits under the insurance plan shall submit to a health examination by a health professional selected and paid for by the employer. Objection (2) Despite subsection (1), the worker may object to undergoing the examination or to the nature and extent of the examination requested by the employer. The worker shall notify the employer of his or her objection. Request to Board (3) Within 14 days after receiving the worker’s objection, the employer may request that the Board direct the worker to submit to the examination and, if necessary, that the Board determine the nature and extent of the examination. Decision final (4) A decision of the Board under this section is final and is not appealable to the Appeals Tribunal. Failure to comply (5) If the worker does not comply with a direction of the Board made under subsection (3), the Board may reduce or suspend payments to the worker under the insurance plan while the non-compliance continues.  1997, c. 16, Sched. A, s. 36. Reports
37 (1) Every health care practitioner who provides health care to a worker claiming benefits under the insurance plan or who is consulted with respect to his or her health care shall promptly give the Board such information relating to the worker as the Board may require. Same (2) Every hospital or health facility that provides health care to a worker claiming benefits under the insurance plan shall promptly give the Board such information relating to the worker as the Board may require. Report re functional abilities (3) When requested to do so by an injured worker or the employer, a health professional treating the worker shall give the Board, the worker and the employer such information as may be prescribed concerning the worker’s functional abilities. The required information must be provided on the prescribed form. Confidentiality of report (4) Neither an employer nor an employer’s representative shall disclose the information contained in the functional abilities form except to a person assisting the employer to return the worker to work under section 40 or 41. Payment (5) The Board shall pay the health care practitioner, hospital or health facility for providing the required information and shall fix the amount to be paid to him, her or it.  1997, c. 16, Sched. A, s. 37.
38 (1) At the time an injury occurs, the injured worker’s employer shall provide transportation for the worker (if the worker needs it) to a hospital or a physician located within a reasonable distance or to the worker’s home The employer shall pay for the transportation. Failure to comply (2) If the employer fails to comply with subsection (1), the Board may order the employer to pay for any transportation obtained by or on behalf of the worker or provided by the Board.  1997, c. 16, Sched. A, s. 38.
39 (1) The Board may pay to repair or replace a worker’s assistive device or prosthesis if it is damaged as a result of an accident in the worker’s employment. Eligibility for benefits (2) If the worker is unable to work because of the damage to his or her assistive device or prosthesis, the worker is entitled to benefits under the insurance plan as if the inability to work had been caused by a personal injury. Allowance (3) If the Board pays for an assistive device or prosthesis, the Board may upon request give the worker an annual allowance to repair or replace clothing that is worn or damaged because of it.  1997, c. 16, Sched. A, s. 39. PART V 
RETURN TO WORK
42 (1) The Board shall provide a worker with a labour market re-entry assessment if any of the following circumstances exist: 1.  If it is unlikely that the worker will be re-employed by his or her employer because of the nature of the injury. 2.  If the worker’s employer has been unable to arrange work for the worker that is consistent with the worker’s functional abilities and that restores the worker’s pre-injury earnings. 3.  If the worker’s employer is not co-operating in the early and safe return to work of the worker.  1997, c. 16, Sched. A, s. 42 (1). Labour market re-entry plan (2) Based on the results of the assessment, the Board shall decide if a worker requires a labour market re-entry plan in order to enable the worker to re-enter the labour market and reduce or eliminate the loss of earnings that may result from the injury.  1997, c. 16, Sched. A, s. 42 (2). Suitable employment or business (3) In deciding whether a plan is required for a worker, the Board shall determine the employment or business that is suitable for the worker and is available.  1997, c. 16, Sched. A, s. 42 (3); 2007, c. 7, Sched. 41, s. 1 (1). Preparation of plan (4) The Board shall arrange for a plan to be prepared for a worker if the Board determines that the worker requires a labour market re-entry plan.  1997, c. 16, Sched. A, s. 42 (4). Consultation required (5) The labour market re-entry plan shall be prepared in consultation with, (a)  the worker and, unless the Board considers it inappropriate to do so, the worker’s employer; and (b)  the worker’s health practitioners if the Board considers it necessary to do so.  1997, c. 16, Sched. A, s. 42 (5). Contents of plan (6) The plan shall contain the steps necessary to enable the worker to re-enter the labour market in the employment or business that is suitable for the worker and is available.  1997, c. 16, Sched. A, s. 42 (6); 2007, c. 7, Sched. 41, s. 1 (2). Duty to co-operate (7) The worker shall co-operate in all aspects of the labour market re-entry assessment or plan provided to the worker.  1997, c. 16, Sched. A, s. 42 (7). Expenses (8) The Board shall pay such expenses related to the plan as the Board considers appropriate to enable the worker to re-enter the labour market.  1997, c. 16, Sched. A, s. 42 (8). Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 41, s. 1 (1, 2) - 01/07/2007 PART VI 
insured payments Compensation
46 (1) If a worker’s injury results in permanent impairment, the worker is entitled to compensation under this section for his or her non-economic loss.  1997, c. 16, Sched. A, s. 46 (1). Amount (2) The amount of the compensation is calculated by multiplying the percentage of the worker’s permanent impairment from the injury (as determined by the Board) and, (a)  $59,095.26 plus $1,313.71 for each year by which the worker’s age at the time of the injury was less than 45; or (b)  $59,095.26 less $1,313.71 for each year by which the worker’s age at the time of the injury was greater than 45. However, the maximum amount to be multiplied by the percentage of the worker’s impairment is $85,359.27 and the minimum amount is $32,831.21. 1997, c. 16, Sched. A, s. 46 (2); 2017, c. 8, Sched. 33, s. 4 (1). Lump sum or monthly payment (3) If the worker becomes entitled to compensation under this section before the specified date, the following rules apply to the payment of the compensation: 1.  If the amount of the compensation is greater than $13,132.01, it is payable as a monthly payment for the life of the worker.  If it is $13,132.01 or less, it is payable as a lump sum. 2.  Despite paragraph 1, the worker may elect to receive as a lump sum an amount that would otherwise be payable monthly if he or she does so within 30 days after receiving notice of the amount from the Board. 2011, c. 1, Sched. 7, s. 3 (5); 2017, c. 8, Sched. 33, s. 4 (2). Same (4) If the worker becomes entitled to compensation under this section on or after the specified date, the compensation is payable as a lump sum unless the following conditions are satisfied: 1.  The amount of compensation is greater than $13,132.01. 2.  The worker elects, within 30 days after receiving notice of the amount from the Board, to receive it as a monthly payment for his or her life. 2011, c. 1, Sched. 7, s. 3 (5); 2017, c. 8, Sched. 33, s. 4 (3). Specified date (5) For the purpose of subsections (3) and (4), the specified date is the day the Good Government Act, 2011 receives Royal Assent.  2011, c. 1, Sched. 7, s. 3 (5). Election (6) An election described in subsection (3) or (4) is irrevocable.  2011, c. 1, Sched. 7, s. 3 (5). Transition (7) The amount of compensation payable to a worker under this section for non-economic loss for any period before January 1, 2018 shall be calculated using the amounts set out in this section as it read on December 30, 2017, and as adjusted in accordance with section 51, as it read on December 31, 2017, regardless of when the Board determines that the worker is entitled to the amount. 2017, c. 8, Sched. 33, s. 4 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. I, s. 1 (8) - 01/01/1998 2011, c. 1, Sched. 7, s. 3 (5) - 30/03/2011 2017, c. 8, Sched. 33, s. 4 (1-3) - 31/12/2017; 2017, c. 8, Sched. 33, s. 4 (4) - 01/01/2018
48.1 (1) This section applies to payments payable under section 48 as a result of a worker’s injury that occurred on or after January 1, 1998. 2015, c. 34, Sched. 3, s. 2. Determination of average earnings (2) Despite section 53 and the minimum amounts set out in subsections 48 (3), (14) and (15), for the purpose of determining amounts payable under section 48, the Board may, in such circumstances as it considers appropriate, determine the amount of a deceased worker’s average earnings taking into account the average earnings at the time of the worker’s injury of a person engaged in the same trade, occupation, profession or calling as the worker was engaged in and out of which the worker’s injury arose. 2015, c. 34, Sched. 3, s. 2. Reconsideration of Board decision (3) Despite section 121, if, before the day the Employment and Labour Statute Law Amendment Act, 2015 receives Royal Assent, a worker or his or her survivor filed a claim in respect of an injury that resulted in the worker’s death and the Board made a decision that involved the determination of average earnings for the purposes of section 48, and if the survivor requests that the Board reconsider its decision, the Board shall do so in accordance with subsection (2). 2015, c. 34, Sched. 3, s. 2. Refiled claims (4) If, before the day the Employment and Labour Statute Law Amendment Act, 2015 receives Royal Assent, a worker or his or her survivor filed a claim in respect of an injury that resulted in the worker’s death and the Appeals Tribunal made a decision that involved a determination by the Board of average earnings for the purposes of section 48, the survivor may refile the claim with the Board, and the Board shall decide the claim in accordance with subsection (2). 2015, c. 34, Sched. 3, s. 2. Time limits (5) The time limits in subsections 22 (1) and (2) do not apply in respect of a claim that is refiled under subsection (4). 2015, c. 34, Sched. 3, s. 2. Pending appeal (6) If, on the day the Employment and Labour Statute Law Amendment Act, 2015 receives Royal Assent, a claim for payments payable under section 48 is pending before the Appeals Tribunal, the Appeals Tribunal shall refer the claim back to the Board, and the Board shall decide the claim in accordance with subsection (2). 2015, c. 34, Sched. 3, s. 2. Pending claim (7) If, on the day the Employment and Labour Statute Law Amendment Act, 2015 receives Royal Assent, a claim for payments payable under section 48 is pending before the Board, the Board shall decide the claim in accordance with subsection (2). 2015, c. 34, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 2015, c. 34, Sched. 3, s. 2 - 10/12/2015 Annual Adjustments
49 (1) Subject to subsection (2), on January 1 of every year, an indexing factor shall be calculated that is equal to the amount of the percentage change in the Consumer Price Index for Canada for all items, for the 12-month period ending on October 31 of the previous year, as published by Statistics Canada. 2015, c. 38, Sched. 23, s. 2. Same, minimum (2) The indexing factor calculated under subsection (1) shall not be less than 0 per cent. 2015, c. 38, Sched. 23, s. 2. Application (3) The indexing factor applies with respect to the calculation of all amounts payable under this Part. 2015, c. 38, Sched. 23, s. 2. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 41, s. 5 - 01/07/2007 2015, c. 38, Sched. 23, s. 2 - 01/01/2018 50 Repealed: 2015, c. 38, Sched. 23, s. 3. Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 23, s. 3 - 01/01/2018
51 (1) On January 1 every year, the amounts set out in this Act (as adjusted on the preceding January 1) shall be adjusted by the amount of the indexing factor described in subsection 49 (1).  1997, c. 16, Sched. A, s. 51 (1); 2015, c. 38, Sched. 23, s. 4 (1). (1.1) Repealed: 2015, c. 38, Sched. 23, s. 4 (2). Exceptions (2) Subsection (1) does not apply with respect to the amounts established in subsection 158 (1).  1997, c. 16, Sched. A, s. 51 (2); 2000, c. 26, Sched. I, s. 1 (10). Payments made prior to 2018 (2.1) Any payments made before January 1, 2018 that were calculated using an amount set out in this Act that was required to be adjusted in accordance with this section, as it read on December 31, 2017, but that was instead adjusted in accordance with the alternate indexing factor described in subsection 50 (1), as it read on December 31, 2017, are not invalid solely on the ground that the amount used to calculate the payment was not adjusted as required in accordance with this section, as it read on December 31, 2017, and there is no right to object to or appeal a decision, or to commence an action or other legal proceeding on that ground alone. 2017, c. 8, Sched. 33, s. 6. (3)-(7) Repealed: 2015, c. 38, Sched. 23, s. 4 (2). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. I, s. 1 (10) - 06/12/2000 2007, c. 7, Sched. 41, s. 6 - 01/07/2007 2015, c. 38, Sched. 23, s. 4 (1, 2) - 01/01/2018 2017, c. 8, Sched. 33, s. 6 - 17/05/2017
52 On January 1 every year, the Board shall adjust the amounts payable under this Part by applying the indexing factor to the amounts payable as adjusted on the preceding January 1. 2015, c. 38, Sched. 23, s. 5. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 41, s. 7 (1, 2) - 01/07/2007 2015, c. 38, Sched. 23, s. 5 - 01/01/2018
52.1 (1) Nothing in sections 51 and 52 entitles a person to claim additional compensation under this Act for any period before January 1, 2018. 2015, c. 38, Sched. 23, s. 5. Same, adjustments (2) Nothing in sections 51 and 52 authorizes the Board to adjust amounts payable to a person under this Act for any period before January 1, 2018. 2015, c. 38, Sched. 23, s. 5.
52.2 Amounts payable under this Act for any period before January 1, 2018 shall be adjusted in accordance with sections 49, 50, 51 and 52 as they read on December 31, 2017, regardless of when the Board determines that the worker is entitled to the amount. 2015, c. 38, Sched. 23, s. 5. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 41, s. 8 - 01/07/2007 2015, c. 38, Sched. 23, s. 5 - 01/01/2018 Ancillary Matters
53 (1) The Board shall determine the amount of a worker’s average earnings for the purposes of the insurance plan and in doing so shall take into account, (a)  the rate per week at which the worker was remunerated by each of the employers for whom he or she worked at the time of the injury; (b)  any pattern of employment that results in a variation in the worker’s earnings; and (c)  such other information as it considers appropriate.1997, c. 16, Sched. A, s. 53 (1). Exception (2) The average earnings do not include any sum paid to the worker for special expenses incurred because of the nature of the work. 1997, c. 16, Sched. A, s. 53 (2). Recalculation (3) The Board shall recalculate the amount of a worker’s average earnings if the Board determines that it would not be fair to continue to make payments under the insurance plan on the basis of the determination made under subsection (1). The Board shall take into account such information as it considers appropriate when recalculating the amount. 1997, c. 16, Sched. A, s. 53 (3). Learner or student (4) The Board shall consider such criteria as may be prescribed in determining the average earnings of a worker who is a learner or student. 2023, c. 2, Sched. 9, s. 2. Apprentice (4.1) Despite anything in this section, the Board shall determine the average earnings of a worker who is an apprentice as follows: 1.  The average earnings are an amount equal to the average earnings of a journeyperson employed by the employer in the same trade as that in which the worker was working at the time of the injury. 2.  If the worker’s employer did not employ a journeyperson in the same trade as that in which the worker was working at the time of the injury, the average earnings are an amount equal to the average earnings of a journeyperson employed in the employer’s locality in the same trade at the time of the injury. 2023, c. 2, Sched. 9, s. 2. Emergency workers (5) The earnings of an emergency worker are the worker’s earnings in his or her actual employment. If the worker has no such earnings, the Board shall fix the amount of the worker’s earnings for the purposes of the insurance plan. 1997, c. 16, Sched. A, s. 53 (5). Average earnings, recurrence of loss of earnings (6) When a worker becomes entitled to payments for a loss of earnings arising out of an accident in respect of which he or she previously received benefits under the insurance plan, the worker’s average earnings (for the purpose of calculating the amount payable for the loss of earnings) are the greater of, (a)  his or her average earnings at the date of the accident; or (b)  his or her average earnings when he or she was most recently employed.  1997, c. 16, Sched. A, s. 53 (6). Section Amendments with date in force (d/m/y) 2023, c. 2, Sched. 9, s. 2 - 22/03/2023
54 (1) If a worker’s average earnings exceed 175 per cent of the average industrial wage for Ontario for the year, his or her average earnings shall be deemed to be 175 per cent of the average industrial wage for Ontario for the year. Average industrial wage (2) The calculation of the average industrial wage for Ontario for a calendar year is based upon the most recent published material that is available on July 1 of the preceding year with respect to the estimated average weekly earnings industrial aggregate for Ontario as published by Statistics Canada.  1997, c. 16, Sched. A, s. 54. Indexation (3) On January 1 every year, the Board shall adjust the amount that, in the year the worker was injured, was deemed to be a worker’s average earnings under subsection (1) by applying the indexing factor to the amount as first determined, or as adjusted on the preceding January, as the case may be, and shall round the adjusted amount to the nearest $100. 2015, c. 38, Sched. 23, s. 6. Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 23, s. 6 - 01/01/2018