jswizzle3737/ontario_laws_and_regs huggingface dataset:
55 (1) The Board shall determine the amount of a worker’s net average earnings by deducting from his or her earnings, (a)  the probable income tax payable by the worker on his or her earnings; (b)  the probable Canada Pension Plan or Quebec Pension Plan premiums payable by the worker; and (c)  the probable employment insurance premiums payable by the worker. (2) Repealed: 2015, c. 38, Sched. 23, s. 7. Schedule of net average earnings (3) On January 1 every year, the Board shall establish a schedule setting out a table of net average earnings determined in accordance with this section. The schedule is conclusive and final.  1997, c. 16, Sched. A, s. 55. Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 23, s. 7 - 01/01/2018 Administration
56 (1) When determining the amount of any payments under the insurance plan to be made to a worker or his or her survivors, the Board shall have regard to any payment or benefit relating to the accident that is paid by the worker’s employer or provided wholly at the employer’s expense. Payment to employer (2) If the payments to the worker or survivors are made from the insurance fund, the Board may pay to the employer from the fund any amount deducted under subsection (1) from the payments.  1997, c. 16, Sched. A, s. 56.
57 (1) If there is an issue in dispute, the Board shall, upon request, give a worker access to the file kept by the Board about his or her claim and shall give the worker a copy of the documents in the file If the worker is deceased, the Board shall give access and copies to the persons who may be entitled to payments under section 48.  1997, c. 16, Sched. A, s. 57 (1). Same (2) If there is an issue in dispute and the worker is deceased, the Board, upon request, shall give access to and copies of such documents as the Board considers to be relevant to the issue in dispute to persons who may be entitled to payments under subsections 45 (7), (7.1) and (9).  1997, c. 16, Sched. A, s. 57 (2); 2011, c. 1, Sched. 7, s. 3 (7). Same (3) The Board shall give the same access to the file and copies of documents to a representative of a person entitled to the access and copies, if the representative has written authorization from the person.  1997, c. 16, Sched. A, s. 57 (3). Exception (4) The Board shall not give a worker or his or her representative access to a document that contains health or other information that the Board believes would be harmful to the worker to see. Instead, the Board shall give a copy of the document to the worker’s treating health professional and shall advise the worker or representative that it has done so.  1997, c. 16, Sched. A, s. 57 (4). Section Amendments with date in force (d/m/y) 2011, c. 1, Sched. 7, s. 3 (7) - 30/03/2011
58 (1) If there is an issue in dispute, the Board shall, upon request, give a worker’s employer access to such documents in the Board’s file about the claim as the Board considers to be relevant to the issue and shall give the employer a copy of those documents. Same (2) The Board shall give the same access and copies to a representative of the employer, if the representative has written authorization from the employer. Notice to worker (3) The Board shall notify the worker or his or her representative if the Board has given access and copies to the employer (or the employer’s representative) and shall give a copy of the same documents to the worker.  1997, c. 16, Sched. A, s. 58.
59 (1) Despite section 58, before giving the employer access to a report or opinion of a health care practitioner about a worker, the Board shall notify the worker or other claimant that the Board proposes to do so and shall give him or her an opportunity to object to the disclosure. Objection (2) If the worker or claimant notifies the Board within the time specified by the Board that he or she objects to the disclosure of the report or opinion, the Board shall consider the objection before deciding whether to disclose the report or opinion. Notice of decision (3) The Board shall notify the worker, claimant and employer of its decision in the matter but shall not, in any event, disclose the report or opinion until after the later of, (a)  the expiry of 21 days after giving notice of its decision; or (b)  if the decision is appealed, the day on which the Appeals Tribunal finally disposes of the matter. Appeal (4) The worker, claimant or employer may appeal the Board’s decision to the Appeals Tribunal and shall do so within 21 days after the Board gives notice of its decision. Same (5) If the Board or the Appeals Tribunal decides to disclose all or part of a report or opinion, the Board or the tribunal may impose such conditions on the employer’s access as it considers appropriate. Duty of confidentiality (6) The employer and the employer’s representatives shall not disclose any health information obtained from the Board except in a form calculated to prevent the information from being identified with a particular worker or case.  1997, c. 16, Sched. A, s. 59.
60 (1) This section applies if a person entitled to payments under the insurance plan is a person that the Board considers to be incapable of managing his or her own affairs.  1997, c. 16, Sched. A, s. 60 (1). Payments (2) Any payments to which the person is entitled shall be made on his or her behalf to the person’s guardian or attorney.  If no guardian or attorney has been appointed, the payments may be made to the worker’s spouse or parent or to such other person for such purposes as the Board considers to be in the person’s best interest.  If there is no guardian or attorney or other suitable person, the payments shall be made to the Public Guardian and Trustee.  1997, c. 16, Sched. A, s. 60 (2); 1999, c. 6, s. 67 (26); 2005, c. 5, s. 73 (25); 2021, c. 4, Sched. 11, s. 42 (5). Public Guardian and Trustee (3) If payments are made to the Public Guardian and Trustee on the person’s behalf, the Public Guardian and Trustee has a duty to receive and administer the payments.  1997, c. 16, Sched. A, s. 60 (3). Same, minor (4) If a person entitled to payments under the insurance plan is a minor, the payments shall be made on his or her behalf to the person’s spouse, if not a minor, parent or guardian or to the Accountant of the Superior Court of Justice.  1997, c. 16, Sched. A, s. 60 (4); 1999, c. 6, s. 67 (27); 2005, c. 5, s. 73 (26); 2009, c. 33, Sched. 20, s. 4 (1); 2021, c. 4, Sched. 11, s. 42 (5). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 67 (26, 27) - 01/03/2000 2005, c. 5, s. 73 (25, 26) - 09/03/2005 2009, c. 33, Sched. 20, s. 4 (1) - 15/12/2009 2021, c. 4, Sched. 11, s. 42 (5) - 19/04/2021
61 (1) If benefits owing under the insurance plan are payable to an estate and there is no personal representative of the estate to whom the Board may make the payment, the Board, (a)  shall make reasonable inquiries to determine to whom the money owing to the estate shall be paid; or (b)  may apply, without notice, to the court for an order for payment of money into court. Court order (2) Upon an application under clause (1) (b), the court may upon such notice, if any, as it considers necessary make such order as it considers appropriate. Payments to persons entitled (3) If the Board concludes that a person should be paid the benefits owing to the estate under clause (1) (a), the Board shall pay the benefits to the appropriate person. Court costs (4) If the Board makes a payment into court under a court order, the court may, (a)  fix, without assessment, the costs incurred upon or in conjunction with any application or order; and (b)  order any costs to be paid out of the benefits. Discharge from liability (5) A payment to a person under subsection (3) or a payment made pursuant to a court order discharges the Board from any liability to the extent of the payment. Application (6) The application of this section is not limited to amounts held by the Board for workers who die after this Act comes into force.  1997, c. 16, Sched. A, s. 61.
62 (1) Periodic payments under the insurance plan shall be made at such times as the Board may determine. Commutation of payments (2) Subject to subsection (3), the Board may commute payments to a worker under section 43 (loss of earnings) and pay him or her a lump sum instead, (a)  if the amount of the payments is 10 per cent or less of the worker’s full loss of earnings; and (b)  if the 72-month period for reviewing payments to the worker has expired or if the Board is not permitted to review the payments. Election (3) The worker referred to in subsection (2) may elect to receive periodic payments instead of the lump sum, and if he or she does so, the Board shall make the periodic payments. The election is irrevocable. Advances on payments (4) If a person is entitled to payments under the insurance plan, the Board may advance money to the person (or for his or her benefit) if the Board is of the opinion that the interest or pressing need of the person warrants it.  1997, c. 16, Sched. A, s. 62.
63 (1) An agreement between a Schedule 2 employer and a worker or a worker’s survivor, (a)  that fixes the amount that the employer will pay to the worker or survivor under the insurance plan; or (b)  in which the worker or survivor agrees to accept a specified amount in lieu of or in satisfaction of the payments to which he or she is entitled under the insurance plan, 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.
64 Subject to section 65, no benefits shall be assigned, garnished, charged or attached without the permission of the Board They do not pass by operation of law except to a personal representative No claim may be set off against them.  1997, c. 16, Sched. A, s. 64.
65 (1) This section applies if a person is entitled to payments under the insurance plan and his or her spouse (as defined in Part III of the Family Law Act), children or dependants are entitled to support or maintenance under a court order.  1997, c. 16, Sched. A, s. 65 (1); 1999, c. 6, s. 67 (28); 2005, c. 5, s. 73 (27). Same (2) The Board shall pay all or part of the amount owing to the person under the insurance plan, (a)  in accordance with a garnishment notice issued by a court in Ontario; or (b)  in accordance with a notice of a support deduction order served upon the Board by the Director of the Family Responsibility Office.  1997, c. 16, Sched. A, s. 65 (2). Limits and procedures (3) Garnishment of payments is subject to the limits and procedures set out in subsections 7 (1) and (5) of the Wages Act. Amounts payable under the insurance plan (other than amounts set aside under section 45 (loss of retirement income)) shall be deemed to be wages for the purposes of the Wages Act.  1997, c. 16, Sched. A, s. 65 (3). Same (4) The deduction of payments under a notice of a support deduction order is subject to the limits and procedures set out in the
Family Responsibility and Support Arrears Enforcement Act, 1996.  1997, c. 16, Sched. A, s. 65 (4). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 67 (28) - 01/03/2000 2005, c. 5, s. 73 (27) - 09/03/2005
66 If payments are suspended under the insurance plan, no compensation is payable in respect of the period of suspension.  1997, c. 16, Sched. A, s. 66. PART VII 
EMPLOYERS AND THEIR OBLIGATIONS Participating Employers
67 The insurance plan applies to every Schedule 1 employer and Schedule 2 employer including the Crown and a permanent board or commission appointed by the Crown.  1997, c. 16, Sched. A, s. 67.
68 The exercise by the following entities of their powers and the performance of their duties shall be deemed to be their trade or business for the purposes of the insurance plan: 1.  A municipal corporation. 2.  A public utilities commission or any other commission or any board (other than a hospital board) that manages a work or service owned by or operated for a municipal corporation. 3.  A public library board. 4.  The board of trustees of a police village. 5.  A school board.  1997, c. 16, Sched. A, s. 68.
69 (1) In this section, “placement host” means a person with whom a trainee is placed by a training agency to gain work skills and experience; (“agent d’accueil”) “training agency” means, (a)  a person who is registered under the Private Career Colleges Act to operate a private career college, or Note: On January 1, 2024, the day named by proclamation of the Lieutenant Governor, clause (a) of the definition of “training agency” in subsection 69 (1) of the Act
is repealed and the following substituted: (See: 2023, c. 9, Sched. 29, s. 15) (a)  a person who is registered under the Ontario Career Colleges Act, 2005
to operate a career college, or (b)  a member of a prescribed class who provides vocational or other training. (“organisme de formation”)  1997, c. 16, Sched. A, s. 69 (1); 2002, c. 8, Sched. P, s. 8. Election (2) A training agency that places trainees with a placement host may elect to have the trainees considered to be workers of the training agency during their placement. However, only a training agency in an industry included in Schedule 1 or 2 may make such an election.  1997, c. 16, Sched. A, s. 69 (2). Effect of election (3) When the Board receives written notice of a training agency’s election, the following rules apply with respect to each trainee placed with a placement host, other than a trainee who receives wages from the placement host: 1.  The placement host shall be deemed not to be an employer of the trainee for the purposes of this Act. However, the placement host remains the employer of the trainee for the purposes of section 28 (rights of action). 2.  The training agency shall be deemed to be the employer of the trainee for the purposes of this Act. 3.  The trainee shall be deemed to be a learner employed by the training agency.  1997, c. 16, Sched. A, s. 69 (3). Injury to trainee (4) If a trainee in relation to whom subsection (3) applies suffers a personal injury by accident or occupational disease while on a placement with a placement host, (a)  the trainee’s benefits under the insurance plan shall be determined as if the placement host were the trainee’s employer; and (b)  sections 40 and 41 (return to work) do not apply to the placement host or the training agency.  1997, c. 16, Sched. A, s. 69 (4). Revocation of election (5) The training agency may revoke an election by giving the Board written notice of the revocation. The revocation takes effect 120 days after the Board receives the notice.  1997, c. 16, Sched. A, s. 69 (5). Effect of revocation (6) An election that is revoked continues to apply with respect to an injury sustained before the revocation takes effect.  1997, c. 16, Sched. A, s. 69 (6). Section Amendments with date in force (d/m/y) 2002, c. 8, Sched. P, s. 8 - 27/06/2002 2023, c. 9, Sched. 29, s. 15 - 01/01/2024
70 One of the following entities, as may be appropriate, shall be deemed to be the employer of a member of a municipal volunteer fire brigade or volunteer ambulance brigade or an auxiliary member of a police force: 1.  A municipal corporation. 2.  A public utilities commission or any other commission or any board (other than a hospital board) that manages the brigade for a municipal corporation. 2.1  Any other person that manages the volunteer ambulance brigade for a municipal corporation. 3.  The board of trustees of a police village. 4.  A police force.  2000, c. 26, Sched. I, s. 1 (11); 2002, c. 18, Sched. J, s. 5 (9, 10). Note: On a day to be named by proclamation of the Lieutenant Governor, section 70 of the Act is amended by striking out “police force” wherever it appears and substituting in each case “police service”. (See: 2019, c. 1, Sched. 4, s. 66 (6)) Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. I, s. 1 (11) - 01/01/1998 2002, c. 18, Sched. J, s. 5 (9, 10) - 26/11/2002 2018, c. 3, Sched. 5, s. 68 (6) - no effect - see 2019, c. 1, Sched. 3, s. 5 - 26/03/2019 2019, c. 1, Sched. 4, s. 66 (6) - not in force
71 (1) An authority who summons a person to assist in controlling or extinguishing a fire shall be deemed to be the person’s employer.  1997, c. 16, Sched. A, s. 71 (1). Same, search and rescue operation (2) The Crown shall be deemed to be the employer of a person who assists in a search and rescue operation at the request of and under the direction of a member of the Ontario Provincial Police.  1997, c. 16, Sched. A, s. 71 (2). Same, declaration of emergency (3) The Crown shall be deemed to be the employer of a person who assists in connection with an emergency declared by the Lieutenant Governor in Council or the Premier under section 7.0.1 of the Emergency Management and Civil Protection Act.  2006, c. 13, s. 4 (2). Same (4) The municipality shall be deemed to be the employer of a person who assists in connection with an emergency declared by the head of the municipal council to exist.  1997, c. 16, Sched. A, s. 71 (4); 2006, c. 13, s. 4 (3). Section Amendments with date in force (d/m/y) 2006, c. 13, s. 4 (2, 3) - 30/06/2006
72 If an employer temporarily lends or hires out the services of a worker to another employer, the first employer shall be deemed to be the employer of the worker while he or she is working for the other employer.  1997, c. 16, Sched. A, s. 72.
73 (1) This section applies if a claim for benefits is made in respect of a worker who is a minor and the Board determines that a Schedule 1 employer employed the minor in contravention of the law. Declaration (2) The Board may declare that the employer is liable as if the employer were a Schedule 2 employer with respect to the worker. However, the employer continues to be a Schedule 1 employer for the purposes of sections 28 to 30.  1997, c. 16, Sched. A, s. 73.
74 (1) Upon application, the Board may declare an employer to be deemed to be a Schedule 1 employer or a Schedule 2 employer for the purposes of the insurance plan. Exception (2) A Schedule 1 employer is not eligible to be deemed to be a Schedule 2 employer under this section. Same (3) The declaration may be restricted to an industry or part of an industry or a department of work or service engaged in by the employer. Same (4) The Board may impose such conditions upon the declaration as it considers appropriate.  1997, c. 16, Sched. A, s. 74. Registration and Information Requirements
75 (1) Every Schedule 1 and Schedule 2 employer shall register with the Board within 10 days after becoming such an employer. Information re wages (2) When registering, a Schedule 1 employer shall give the Board a statement setting out the total estimated wages that workers are expected to earn during the current year. Other information (3) When registering and at such other times as the Board may require, a Schedule 1 employer shall give the Board such information as it may require to assign the employer to a class, subclass or group and such other information as the Board may request. Same (4) When registering and at such other times as the Board may require, a Schedule 2 employer shall give the Board such information as it may require to determine the amount of any payment to the Board that may be required under the insurance plan and such other information as the Board may request.  1997, c. 16, Sched. A, s. 75.
76 (1) An employer who ceases to be a Schedule 1 employer or a Schedule 2 employer shall notify the Board of the change within 10 days after it occurs. Information re wages (2) The notice from a former Schedule 1 employer must be accompanied by a statement of the total wages earned during the year by all workers up to the date of the change. Premiums (3) A former Schedule 1 employer shall promptly pay the premiums for which the employer is liable up to the date of the change. Payments (4) A former Schedule 2 employer shall promptly pay the Board all the amounts determined by the Board to be owing up to the date of the change.  1997, c. 16, Sched. A, s. 76.
77 A Schedule 1 or Schedule 2 employer shall notify the Board of a material change in circumstances in connection with the employer’s obligations under this Act within 10 days after the material change occurs.  1997, c. 16, Sched. A, s. 77.
79 The information in a statement given to the Board under section 75, 76 or 78 must be certified to be accurate by the employer or the manager of the employer’s business or, if the employer is a corporation, by an officer of the corporation who has personal knowledge of the matters to which the statement relates.  1997, c. 16, Sched. A, s. 79.
80 (1) A Schedule 1 employer shall keep accurate records of all wages paid to the employer’s workers and shall keep the records in Ontario.  1997, c. 16, Sched. A, s. 80. Produce records (2) The employer shall produce the records referred to in subsection (1) when the Board or any of its officers requires the employer to do so.  2001, c. 9, Sched. I, s. 4 (2). Section Amendments with date in force (d/m/y) 2001, c. 9, Sched. I, s. 4 (2) - 29/06/2001 Calculating Payments by Employers
81 (1) The Board shall determine the total amount of the premiums to be paid by all Schedule 1 employers with respect to each year in order to maintain the insurance fund under this Act. Apportionment among classes, etc. (2) The Board shall apportion the total amount of the premiums among the classes, subclasses and groups of employers and shall take into account the extent to which each class, subclass or group is responsible for, or benefits from, the costs incurred under this Act. Premium rates (3) The Board shall establish rates to be used to calculate the premiums to be paid by employers in the classes, subclasses or groups for each year. Same (4) The Board may establish different premium rates for a class, subclass or group of employers in relation to the risk of the class, subclass or group. The rates may vary for each individual industry or plant. Method of determining premiums (5) The Board shall establish the method to be used by employers to calculate their premiums.  The method may be based on the wages earned by an employer’s worker. Bases for calculation (6) The Board may establish different payment schedules for different employers for premiums to be paid in a year based on such factors as the Board considers appropriate.  1997, c. 16, Sched. A, s. 81.
81.1 (1) The Board may establish premium rates for, (a)  partners in a partnership described in paragraph 3 of subsection 12.2 (1) who do not perform construction work; and (b)  executive officers of a corporation described in paragraph 4 of subsection 12.2 (1) who do not perform construction work. 2019, c. 9, Sched. 13, s. 1. Same (2) The premium rates established under subsection (1) may be different from the premium rates established under section 81 for the employers of the partners and executive officers. 2019, c. 9, Sched. 13, s. 1. Same (3) The Board may establish a specific method for determining the frequency of work injuries and accident costs relating to the partners and executive officers. 2019, c. 9, Sched. 13, s. 1. Same (4) The Board may use any determinations made under the method described in subsection (3) for the purposes of adjusting premium rates established under subsection (1). 2019, c. 9, Sched. 13, s. 1. Section Amendments with date in force (d/m/y) 2019, c. 9, Sched. 13, s. 1 - 06/06/2019
82 The Board may increase or decrease the premiums otherwise payable by a particular employer in such circumstances as the Board considers appropriate including the following: 1.  If, in the opinion of the Board, the employer has not taken sufficient precautions to prevent accidents to workers or the working conditions are not safe for workers. 2.  If the employer’s accident record has been consistently good and the employer’s ways, works, machinery and appliances conform to modern standards so as to reduce the hazard of accidents to a minimum. 3.  If the employer has complied with the regulations made under this Act or the Occupational Health and Safety Act respecting first aid. 4.  If the frequency of work injuries among the employer’s workers and the accident cost of those injuries is consistently higher than that of the average in the industry in which the employer is engaged.  1997, c. 16, Sched. A, s. 82. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 21 - no effect - see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2021
83 (1) The Board may establish experience and merit rating programs to encourage employers to reduce injuries and occupational diseases and to encourage workers’ return to work. Same (2) The Board may establish the method for determining the frequency of work injuries and accident costs of an employer. Same (3) The Board shall increase or decrease the amount of an employer’s premiums based upon the frequency of work injuries or the accident costs or both.  1997, c. 16, Sched. A, s. 83. Regulations re temporary help workers (4) The Lieutenant Governor in Council may make regulations, (a)  defining a temporary help agency for the purposes of this section; (b)  requiring that, despite section 72, if a temporary help agency lends or hires out the services of a worker to another employer who participates in a program established under subsection (1) and the worker sustains an injury while performing work for the other employer, the Board, (i)  deem the total wages that are paid in the current year to the worker by the temporary help agency for work performed for the other employer to be paid by the other employer, (ii)  attribute the injury and the accident costs arising from the injury to the other employer, (iii)  increase or decrease the amount of the other employer’s premiums based upon the frequency of work injuries or the accident costs or both, and (iv)  deem the other employer to be an employer for the purposes of sections 58 and 59 in such circumstances as may be prescribed; (c)  prescribing circumstances for the purposes of subclause (b) (iv); (d)  requiring that, if a temporary help agency lends or hires out the services of a worker to another employer who participates in a program established under subsection (1) and the worker sustains an injury while performing work for the other employer, the other employer notify the Board of the injury; (e)  for the purposes of a notice required by a regulation made under clause (d), governing the notice, including prescribing the manner in which notice of an injury is to be given, the period of time within which notice is to be given and the parties to whom copies of the notice must be given; and (f)  prescribing penalties for failure to comply with requirements prescribed under clauses (d) and (e). 2014, c. 10, Sched. 5, s. 2. Section Amendments with date in force (d/m/y) 2014, c. 10, Sched. 5, s. 2 - 06/04/2018
84 In a case where subsection 28 (1) applies and the Board is satisfied that the accident giving rise to the worker’s injury was caused by the negligence of some other employer in Schedule 1 or that other employer’s workers, the Board may direct that the benefits, or a proportion of them, in that case be charged against the class or group to which the other employer belongs and to the accident cost record of the other employer.  1997, c. 16, Sched. A, s. 84.
85 (1) The Board shall determine the total payments to be paid by all Schedule 2 employers with respect to each year to defray their fair share (as determined by the Board) of the expenses of the Board and the cost of administering this Act and such other costs as are directed under any Act to be paid by the Board. Special funds (2) The Board, where it considers proper, may add to the amount payable by an employer under subsection (1) a percentage or sum for the purpose of raising special funds and the Board may use such money to meet a loss or relieve any Schedule 2 employer from all or part of the costs arising from any disaster or other circumstance where, in the opinion of the Board, it is proper to do so.  1997, c. 16, Sched. A, s. 85.
86 (1) If the Board decides that an employer has failed to comply with section 40 (return to work), the Board may levy a penalty on the employer that is such percentage as the Board may determine of the cost to the Board of providing benefits to the worker while the non-compliance continues. Same (2) The penalty is an amount owing to the Board.  1997, c. 16, Sched. A, s. 86.
87 (1) Each year, the Board shall notify each Schedule 1 employer of the method to be used to calculate the employer’s premiums, the premium rate and the payment schedule. Same, Schedule 2 employers (2) Each year, the Board shall notify each Schedule 2 employer of the amount of the employer’s payments under section 85 and the payment schedule. Liability if no notice (3) If for any reason an employer does not receive a notice for a year, the employer is liable to pay the amount that the employer would have been required to pay had the notice been given or received.  1997, c. 16, Sched. A, s. 87. Payment Obligations of Schedule 1 Employers
88 (1) Every Schedule 1 employer shall calculate and pay premiums to the Board in accordance with the notice given under section 87. No liability for benefits (2) A Schedule 1 employer is not individually liable to pay benefits directly to workers or their survivors under the insurance plan. Maximum earnings (3) The premium payable by an employer applies only with respect to the maximum amount of average earnings determined under section 54 for each of the employer’s workers. Error in calculation (4) If the Board considers that an employer has incorrectly calculated the amount of the premiums payable and, as a result, has paid an insufficient amount, the Board may require the employer to pay additional premiums in an amount sufficient to rectify the error. The Board may fix the amount of the additional premiums to be paid. Penalty for error (5) If an employer has incorrectly calculated the amount of premiums payable for a year and, as a result, has paid an insufficient amount, the employer shall pay additional premiums in an amount sufficient to rectify the error and, as a penalty, shall pay that amount again to the Board. Relief (6) The Board may relieve the employer from paying all or part of the penalty if the Board is satisfied that the incorrect calculation was not intentional and that the employer honestly desired to pay the correct amount.  1997, c. 16, Sched. A, s. 88.
88.1 (1) Despite subsection 88 (3), for the period beginning on January 1, 2021 and ending on December 31, 2021 or such later date as may be prescribed, the premium payable by an employer for each of the employer’s workers applies only with respect to a maximum amount of average earnings of, (a)  $97,308; or (b)  if another amount is prescribed for the purposes of this section, that amount. 2021, c. 3, s. 1. Regulations (2) The Lieutenant Governor in Council may make regulations, (a)  prescribing a date for the purposes of subsection (1); (b)  prescribing an amount for the purposes of clause (1) (b). 2021, c. 3, s. 1. Same (3) A regulation made under clause 2 (a) shall not prescribe a date that is later than December 31, 2022. 2021, c. 3, s. 1. Section Amendments with date in force (d/m/y) 2021, c. 3, s. 1 - 14/04/2021
89 (1) An employer who does not pay premiums when they become due shall pay to the Board such additional percentage on the outstanding balance as the Board may require. Cost of benefits (2) An employer who does not pay premiums when they become due shall pay to the Board the amount or the capitalized value (as determined by the Board) of the benefits payable in respect of any accident to the employer’s workers during the period of the default. Exception (3) The Board may relieve the employer of making all or part of the payment under subsection (2) in such circumstances as the Board considers appropriate.  1997, c. 16, Sched. A, s. 89. Payment Obligations of Schedule 2 Employers
90 (1) Every Schedule 2 employer is individually liable to pay the benefits under the insurance plan respecting workers employed by the employer on the date of the accident. Reimbursement (2) The employer shall reimburse the Board for any payments made by the Board on behalf of the employer under the insurance plan. The amount to be reimbursed is an amount owing to the Board. Payment of commuted value (3) The Board may require a Schedule 2 employer to pay to the Board an amount equal to the commuted value of the payments to be made under Part VI (payments for loss of earnings and other losses) with respect to a worker or survivor. Same (4) If the amount is insufficient to meet the whole of the payments, the employer is nevertheless liable to pay to the Board such other sum as may be required to meet the payments. Same (5) The Board shall return to the employer any amount remaining after the Board ceases to make payments with respect to the worker or survivor.  1997, c. 16, Sched. A, s. 90.
91 Every Schedule 2 employer shall make payments to the Board in accordance with the notice given under section 87.  1997, c. 16, Sched. A, s. 91.
92 (1) If the Board considers it to be necessary for the prompt payment of benefits, the Board may require a Schedule 2 employer to pay a specified amount of money as a deposit. Use of money (2) The Board shall use the money on deposit to pay benefits on behalf of the employer. Investment (3) Subsections 97 (4) to (7) apply with respect to the investment of money on deposit and commuted value payments under subsection 90 (3).  1997, c. 16, Sched. A, s. 92.
93 (1) The Board may direct a Schedule 2 employer to obtain insurance for injuries in respect of which the employer may become liable to make payments under the insurance plan The insurance must be for an amount specified by the Board and with an insurer approved by the Board. Failure to comply (2) If the employer fails to comply with the direction of the Board, the Board may obtain the required insurance for the employer. The employer shall pay the Board for the cost of the insurance. Notice to insurer (3) If a claim for benefits is made in any case where a Schedule 2 employer is insured against the liability to pay benefits, notice of the claim shall be given to the insurer and to the employer. Payment to Board (4) The Board shall determine the worker’s or survivor’s right to compensation and may direct the insurer to pay to the Board instead of the employer any amount payable under the contract of insurance upon the injury or death of a worker. The insurer shall do so.  1997, c. 16, Sched. A, s. 93. Obligations in Special Circumstances
94 (1) This section applies if a worker is entitled to benefits under the insurance plan because of an occupational disease that may have occurred as a result of more than one employment by Schedule 2 employers.  1997, c. 16, Sched. A, s. 94 (1). Employer (2) Subject to subsections (5) and (6), the Schedule 2 employer who last employed the worker in the employment in which the disease occurs is the worker’s employer for the purposes of the insurance plan.  1997, c. 16, Sched. A, s. 94 (2). Prior employers (3) Upon request, the worker or his or her survivors shall give the employer the names and addresses of the previous employers in whose employment the worker could have contracted the disease.  1997, c. 16, Sched. A, s. 94 (3). Determination by Board (4) The employer may request that the Board determine whether the worker contracted the disease while employed by one or more other employers. The employer making the request must provide the Board with the necessary evidence to determine the matter.  1997, c. 16, Sched. A, s. 94 (4). Effect of decision (5) If the Board decides that another employer employed the worker when he or she contracted the disease, the other employer is the worker’s employer for the purposes of the insurance plan.  1997, c. 16, Sched. A, s. 94 (5). Same (6) If the Board decides that the disease is of such a nature as to be contracted by a gradual process and that the worker was employed by more than one employer in the employment to the nature of which the disease is due, the Board shall determine the obligations of each employer for the purposes of the insurance plan. The employers are liable to make such payments as the Board considers just to the employer who is liable to pay the benefits under the plan.  1997, c. 16, Sched. A, s. 94 (6). Exception, Schedule 2 employer (7) Despite sections 15, 15.1 and 15.2, a worker is not entitled to benefits under the insurance plan and a Schedule 2 employer is not liable to make payments under the insurance plan to or for the worker or his survivors, (a)  if there is insufficient information concerning the worker’s prior employers to enable the Board to make the determination requested under subsection (4); and (b)  if the employer proves that the worker did not contract the disease while employed by the employer.  1997, c. 16, Sched. A, s. 94 (7); 2007, c. 3, s. 3. Section Amendments with date in force (d/m/y) 2007, c. 3, s. 3 - 04/05/2007
95 The Board may require Schedule 1 and 2 employers carrying on or previously carrying on industries to which this Act applies to pay such additional amounts to the Board as are necessary to provide for increases in benefits related to prior accidents.  1997, c. 16, Sched. A, s. 95. No Contributions from Workers
95.1 (1) No employer shall, (a)  directly or indirectly deduct from a worker’s wages an amount that the employer is, or may become, liable to pay to the worker under the insurance plan; or (b)  require or permit a worker to contribute in any way toward indemnifying the employer against any liability that the employer has incurred or may incur under the insurance plan.  2000, c. 26, Sched. I, s. 1 (13). Right of action (2) Without limiting any other remedies the worker may have, a worker may bring an action in a court of competent jurisdiction to recover an amount that was deducted from the worker’s wages or that the worker was required or permitted to contribute in contravention of subsection (1).  2000, c. 26, Sched. I, s. 1 (13). Same, certain deductions, etc., before section in force (3) Without limiting any other remedies the worker may have, a worker may bring an action in a court of competent jurisdiction to recover an amount that was deducted from the worker’s wages or that the worker was required or permitted to contribute if the deduction, requirement or permission occurred on or after January 1, 1998 but before this section came into force and the deduction, requirement or permission contravened subsection 155 (1) or (2) as those subsections read before being repealed by subsection 1 (21) of Schedule I to the Red Tape Reduction Act, 2000.  2000, c. 26, Sched. I, s. 1 (13). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. I, s. 1 (13) - 06/12/2000 PART VIII 
INSURANCE FUND Insurance fund
96 (1) In this Part, “current benefits” means the benefits payable under the insurance plan in the current calendar year; (“prestations courantes”) “future benefits” means the present value of the cost of benefits that will become due under the insurance plan in the future in respect of current or past claims, as determined by the Board’s actuary. (“prestations futures”)  2010, c. 26, Sched. 21, s. 1 (2). Insurance fund (2) The Board shall maintain an insurance fund for the following purposes: 1.  To pay for current benefits and to provide for future benefits under the insurance plan to workers employed by Schedule 1 employers and to the survivors of deceased workers. 2.  To pay the expenses of the Board and the cost of administering this Act. 3.  To pay such other costs as are required under any Act to be paid by the Board or out of the insurance fund.  2010, c. 26, Sched. 21, s. 1 (2). Sufficiency of fund (3) Subject to the regulations, the Board shall maintain the insurance fund so that the amount of the fund is sufficient to allow the Board to meet its obligations under this Act to make payments under the insurance plan for current benefits as they become due and to provide for future benefits.  2010, c. 26, Sched. 21, s. 1 (2). Same (4) The Board shall meet its obligation under subsection (3) in accordance with the regulations.  2010, c. 26, Sched. 21, s. 1 (2). Same (5) The Board shall maintain the insurance fund so as not to burden unduly or unfairly any class of Schedule 1 employers with payments, (a)  in any year in respect of current benefits; or (b)  in future years in respect of future benefits.  2010, c. 26, Sched. 21, s. 1 (2). Section Amendments with date in force (d/m/y) 2010, c. 26, Sched. 21, s. 1 (1) - 08/12/2010; 2010, c. 26, Sched. 21, s. 1 (2) - 01/01/2013 96.1 Repealed: 2021, c. 35, Sched. 6, s. 1. Section Amendments with date in force (d/m/y) 2010, c. 26, Sched. 21, s. 1 (2) - 01/01/2013 2021, c. 35, Sched. 6, s. 1 - 01/01/2022
96.2 If the insurance fund is insufficient at any time after the date prescribed under clause 100 (b), the Board shall comply with the prescribed requirements to make the fund sufficient.  2010, c. 26, Sched. 21, s. 1 (2). Section Amendments with date in force (d/m/y) 2010, c. 26, Sched. 21, s. 1 (2) - 01/01/2013
96.3 The accident fund maintained under the Workers’ Compensation Act is continued as the insurance fund.  2010, c. 26, Sched. 21, s. 1 (2). Section Amendments with date in force (d/m/y) 2010, c. 26, Sched. 21, s. 1 (2) - 01/01/2013
97 (1) Once the insurance fund is sufficient for the purposes set out in subsection 96 (3), the Board may establish and maintain one or more reserve funds to provide for future benefits.  2010, c. 26, Sched. 21, s. 2 (2). (2) Repealed: 2021, c. 35, Sched. 6, s. 2. Same (2.1) Subject to the regulations, if, after the insurance fund becomes sufficient for the purposes set out in subsection 96 (3), there is not sufficient money available in the fund to allow the Board to meet its obligations under this Act to make payments under the insurance plan for current benefits as they become due and to provide for future benefits without resorting to the reserve funds, the Board may make the payments out of the reserve funds.  2010, c. 26, Sched. 21, s. 2 (2). Same (3) The Board may provide for larger reserve funds for some classes of industry than for others.  1997, c. 16, Sched. A, s. 97 (3). Investment (4) The money in the reserve funds shall be invested only in such investments as are authorized under the Pension Benefits Act for the investment of money from pension funds and shall be invested in the same manner as is authorized for those pension funds.  1997, c. 16, Sched. A, s. 97 (4). Responsibility for agent (5) If the Board designates an agent to make the investments authorized under subsection (4), it shall select as an agent a person that it is satisfied is suitable to perform the act for which the agent is designated.  1997, c. 16, Sched. A, s. 97 (5). Same (6) The Board is responsible for prudent and reasonable supervision of the agent.  1997, c. 16, Sched. A, s. 97 (6). Standards for agent (7) The agent is subject to the standards that apply, with necessary modifications, to an administrator of a pension plan under subsections 22 (1), (2) and (4) of the Pension Benefits Act.  1997, c. 16, Sched. A, s. 97 (7). Insurance fund (8) The reserve funds form part of the insurance fund.  1997, c. 16, Sched. A, s. 97 (8). Section Amendments with date in force (d/m/y) 2010, c. 26, Sched. 21, s. 2 (1) - 08/12/2010; 2010, c. 26, Sched. 21, s. 2 (2) - 01/01/2013 2021, c. 35, Sched. 6, s. 2 - 01/01/2022
97.1 (1) If the amount of the insurance fund meets a sufficiency ratio that is equal to or greater than 115 per cent and less than 125 per cent, the Board may distribute any amount in excess of the amount prescribed under clause 100 (c) that it considers appropriate among Schedule 1 employers having regard to such criteria as may be prescribed and such other factors as the Board considers appropriate. 2021, c. 35, Sched. 6, s. 3. Same (2) Except in such circumstances as may be prescribed, if the amount of the insurance fund meets a sufficiency ratio that is equal to 125 per cent, (a)  the Board shall distribute the difference in the amount prescribed under clause 100 (f.1) and the amount in the insurance fund among Schedule 1 employers; or (b)  if no amount is prescribed under clause 100 (f.1), the Board shall distribute any amount in excess of the amount prescribed under clause 100 (c) that it considers appropriate among Schedule 1 employers having regard to such criteria as may be prescribed and such other factors as the Board considers appropriate. 2021, c. 35, Sched. 6, s. 3. Distribution of different amounts (3) The Board may determine that Schedule 1 employers are to be distributed different amounts under this section having regard to such criteria as may be prescribed and such other factors as the Board considers appropriate, including an employer’s compliance with this Act. 2021, c. 35, Sched. 6, s. 3. No distribution (4) The Board may determine that a Schedule 1 employer is not to be distributed an amount under this section having regard to such criteria as may be prescribed and such other factors as the Board considers appropriate, including an employer’s compliance with this Act. 2021, c. 35, Sched. 6, s. 3. Timing of disbursements (5) Subject to such requirements as may be prescribed, the Board may determine the timing of disbursements made under this section and may distribute amounts to different Schedule 1 employers at different times. 2021, c. 35, Sched. 6, s. 3. Form of disbursements (6) The Board may determine the form of disbursements made under this section. 2021, c. 35, Sched. 6, s. 3. Same (7) The Board may distribute an amount to a Schedule 1 employer under this section in more than one disbursement. 2021, c. 35, Sched. 6, s. 3. Determination of amount in fund (8) For the purposes of this section, the sufficiency ratio of the insurance fund shall be calculated in accordance with the method prescribed under clause 100 (f.5). 2021, c. 35, Sched. 6, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 6, s. 3 - 01/01/2022
97.2 A determination made by the Board regarding distributions or disbursements under section 97.1 is not a decision or a final decision of the Board for the purposes of Part XI of this Act and an employer has no right of reconsideration by, or appeal to, the Board or the Tribunal in respect of a determination made by the Board under that section. 2021, c. 35, Sched. 6, s. 3. Section Amendments with date in force (d/m/y) 2021, c. 35, Sched. 6, s. 3 - 01/01/2022
98 (1) The Board may establish a special reserve fund to meet losses that may arise from a disaster or other circumstance that, in the opinion of the Board, would unfairly burden the employers in any class. Same (2) Subsections 97 (3) to (8) apply with necessary modifications with respect to the special reserve fund.  1997, c. 16, Sched. A, s. 98.
99 (1) If there is a deficiency in the amount of premiums in any class because of a failure of any of the employers in the class to pay an amount owing or by any other circumstance that, in the opinion of the Board, would unfairly burden the employers in that class, the deficiency shall be made up by a payment of additional premiums by the employers in all the classes. Apportionment of payment (2) If the employer responsible for the deficiency in subsection (1) pays to the Board any part of the amount owing, that amount shall be apportioned among the other employers in proportion to the amount they contributed to the deficiency. Continued liability of defaulting employer (3) If a deficiency is paid for by the other employers, the employer responsible for the deficiency continues to be liable for the amount of the deficiency.  1997, c. 16, Sched. A, s. 99.