jswizzle3737/ontario_laws_and_regs huggingface dataset:
100 The Lieutenant Governor in Council may make regulations, (a)  prescribing anything referred to in this Part as prescribed; (b)  prescribing the date by which the insurance fund must become sufficient; (c)  prescribing the amount of the insurance fund required to make the fund sufficient by the prescribed date or prescribing the method of determining that amount, including any formula, ratio or percentage to be used to calculate the amount; (d)  Repealed: 2021, c. 35, Sched. 6, s. 4 (1). (e)  prescribing the requirements with which the Board shall comply for the purposes of section 96.2, including the time period within which the Board must comply with those requirements; (f)  prescribing any terms, conditions, limitations or requirements on the use of reserve funds for the purposes of subsection 97 (2.1); (f.1)  prescribing, for the purposes of subsection 97.1 (2), an amount, expressed as a ratio or percentage, that is greater than a sufficiency ratio of 115 per cent but less than a sufficiency ratio of 125 per cent; (f.2)  prescribing circumstances for the purposes of subsection 97.1 (2); (f.3)  prescribing criteria for the purposes of section 97.1; (f.4)  prescribing requirements for the purposes of subsection 97.1 (5); (f.5)  prescribing the method of calculating the sufficiency ratio for the purposes of section 97.1, including any formula, ratio or percentage to be used to calculate the amount; (g)  providing for such transitional matters as the Lieutenant Governor in Council considers necessary or advisable in relation to this Part and the regulations made under it.  2010, c. 26, Sched. 21, s. 3 (2); 2021, c. 35, Sched. 6, s. 4. Section Amendments with date in force (d/m/y) 2010, c. 26, Sched. 21, s. 3 (1) - 08/12/2010; 2010, c. 26, Sched. 21, s. 3 (2) - 01/01/2013 2021, c. 35, Sched. 6, s. 4 (1, 2) - 01/01/2022 PART IX 
TRANSITIONAL RULES Interpretation
101 In this Part, “pre-1997 Act” means the Workers’ Compensation Act as it read on December 31, 1997; (“Loi d’avant 1997”) “pre-1998 injury” means a personal injury by accident or an occupational disease that occurs before January 1, 1998. (“lésion d’avant 1998”)  1997, c. 16, Sched. A, s. 101. Pre-1998
Injuries
102 The pre-1997 Act, as it is deemed to have been amended by this Part, continues to apply with respect to pre-1998 injuries.  1997, c. 16, Sched. A, s. 102. Section Amendments with date in force (d/m/y) CTS 30 SE 11 - 2
103 The pre-1997 Act shall be deemed to be amended by striking out “maximum medical rehabilitation” wherever it appears and substituting in each case “maximum medical recovery”.  1997, c. 16, Sched. A, s. 103.
103.1 The definition of “spouse” in subsection 1 (1) of the pre-1997 Act shall be deemed to be repealed and the following substituted: “spouse” means either of two persons who, at the time of death of the one who was the worker, were cohabiting and, (a)  were married to each other, or (b)  were living together in a conjugal relationship outside marriage and, (i)  had cohabited for at least one year, (ii)  were together the parents of a child, or (iii)  had together entered into a cohabitation agreement under section 53 of the Family Law Act.  2005, c. 5, s. 73 (28). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 67 (29) - 01/03/2000 2005, c. 5, s. 73 (28) - 09/03/2005 103.2, 103.3 Repealed:  2005, c. 5, s. 73 (28). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 67 (29) - 01/03/2000 2005, c. 5, s. 73 (28) - 09/03/2005
104 (0.1) Repealed:  2005, c. 5, s. 73 (29). Same (1) Clause 35 (1) (c) of the pre-1997 Act shall be deemed to be repealed.  1997, c. 16, Sched. A, s. 104 (1). Same (2) Subsections 35 (2) and (3) of the pre-1997 Act shall be deemed to be repealed and the following substituted: Labour market re-entry plan for spouse (2) Upon request, the Board shall provide a spouse with a labour market re-entry assessment. The request must be made within one year after the death of the worker. Same, transition (3) If, before January 1, 1998, the Board has provided the spouse of a deceased worker with a vocational rehabilitation assessment but not a vocational rehabilitation program, the Board shall determine whether a labour market re-entry plan is to be prepared for the spouse. Same (3.1) Subsections 42 (2) to (8) of the Workplace Safety and Insurance Act, 1997 apply with necessary modifications with respect to the labour market re-entry plan, if any, for the spouse. Same (3.2) If a spouse was provided with a vocational rehabilitation program under this Act, it shall be deemed to be a labour market re-entry plan for the purpose of this section. Failure to comply (3.3) If the spouse fails to comply with subsection 42 (7) of the Workplace Safety and Insurance Act, 1997, the Board may discontinue the provision of the labour market re-entry assessment or plan. Bereavement counselling (3.4) Upon the request of the spouse, the Board may pay for bereavement counselling for the spouse or children of the worker.  The request must be received within one year after the worker’s death.  1997, c. 16, Sched. A, s. 104 (2); 1999, c. 6, s. 67 (31-36); 2000, c. 26, Sched. I, s. 1 (14); 2005, c. 5, s. 73 (30-35). (3)-(12) Repealed:  2005, c. 5, s. 73 (36). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 67 (30-37) - 01/03/2000 2000, c. 26, Sched. I, s. 1 (14) - 01/01/1998 2005, c. 5, s. 73 (29-36) - 09/03/2005
105 Subclause 37 (2) (b) (i) of the pre-1997 Act shall be deemed to be amended by striking out “a medical or vocational rehabilitation program which” in the second, third and fourth lines and substituting “a medical rehabilitation program, an early and safe return to work program or a labour market re-entry plan, as the circumstances require, which”.  1997, c. 16, Sched. A, s. 105. 105.1 Repealed:  2005, c. 5, s. 73 (37). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 67 (38) - 01/03/2000 2005, c. 5, s. 73 (37) - 09/03/2005
106 (1) Subsection 42 (3) of the pre-1997 Act shall be deemed to be repealed and the following substituted: Payment (3) If the compensation for non-economic loss is greater than $10,000, it is payable as a monthly payment for the life of the worker. Same (3.1) Despite subsection (3), within 30 days of the worker being notified of the amount of the compensation for non-economic loss the worker may elect to receive in a lump sum the amount otherwise payable monthly. The election is irrevocable. Same (2) Subsections 42 (5) to (25) of the pre-1997 Act shall be deemed to be repealed. Subsections 47 (1) to (13) of this Act apply instead with respect to a determination by the Board of the degree of a worker’s permanent impairment for the purposes of the pre-1997 Act.  1997, c. 16, Sched. A, s. 106.
107 (1) Subsection 43 (6) of the pre-1997 Act shall be deemed to be repealed.  1997, c. 16, Sched. A, s. 107 (1). Same (2) Subsection 43 (13) of the pre-1997 Act shall be deemed to be repealed.  Instead, subsections 44 (1) to (2.9) of this Act, except clause 44 (2.1) (g) and subsection 44 (2.4.4), apply with necessary modifications with respect to a review by the Board of the amount of compensation for future loss of earnings payable under section 43 of the pre-1997 Act.  However, a reference to “more than 72 months after the date of the worker’s injury” in subsection 44 (2) of this Act shall be read as “more than 60 months after the date the compensation for future loss of earnings is determined by the Board under section 43 of the pre-1997 Act” and any reference to “72-month period” in subsections 44 (2.1), (2.8) and (2.9) of this Act shall be read as “60-month period”.  2007, c. 7, Sched. 41, s. 9. Same (3) Subsection 43 (15) of the pre-1997 Act shall be deemed to be repealed.  Instead, subsections 62 (2) and (3) of this Act apply, with necessary modifications, with respect to the payment of compensation for future loss of earnings under section 43 of the pre-1997 Act.  However, a reference to “72-month period” in the first line of clause 62 (2) (b) shall be read as “60-month period”.  1997, c. 16, Sched. A, s. 107 (3). Same (4) Clauses 43 (9) (a) and (b) of the pre-1997 Act shall be deemed to be repealed and the following substituted: (a)  that began within 24 months after the date the compensation for future loss of earnings is determined under this section; or (b)  that began within 12 months after a determination is made under subsection 47 (9) of the Workplace Safety and Insurance Act, 1997.  1997, c. 16, Sched. A, s. 107 (4). Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 41, s. 9 - 01/07/2007 2002, c. 18, Sched. J, s. 5 (12) - 26/11/2002
107.1 (1) For the purposes of determining compensation payable under section 43 of the pre-1997 Act on or after January 1, 2018, subsections 43 (4) and (5) of the pre-1997 Act shall be deemed to be repealed. 2015, c. 38, Sched. 23, s. 8. Same (2) For the purposes of determining compensation payable under section 43 of the pre-1997 Act on or after January 1, 2018, subsection 43 (6.1) of the pre-1997 Act shall be deemed to be repealed and the following substituted: Indexing (6.1) The amount of compensation payable under this section shall be adjusted on January 1 each year by applying the indexing factor described in subsection 148 (1). 2015, c. 38, Sched. 23, s. 8. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 67 (39) - 01/03/2000 2005, c. 5, s. 73 (38) - 09/03/2005 2015, c. 38, Sched. 23, s. 8 - 01/01/2018 107.2-107.3 Repealed:  2005, c. 5, s. 73 (38). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 67 (39) - 01/03/2000 2005, c. 5, s. 73 (38) - 09/03/2005
109 Any person whose benefits were terminated for reason of marriage or remarriage under subsection 36 (2) or 37 (1) of the Workers’ Compensation Act, as it read on March 31, 1985, may apply to the Board for a reinstatement of benefits, and the Board shall reinstate the benefits, as of April 1, 1985.  1997, c. 16, Sched. A, s. 109.
111 (1) This section applies for the purposes of determining compensation payable under the pre-1997 Act on or after January 1, 2018. 2015, c. 38, Sched. 23, s. 9. Same (2) Section 148 of the pre-1997 Act shall be deemed to be repealed and the following substituted: Indexation 148 (1) The indexing factor determined under subsection 49 (1) of the Workplace Safety and Insurance Act, 1997 applies with respect to the calculation of all compensation payable under this Act. Annual adjustment (2) On the 1st day of January in each year, beginning January 1, 2018, the Board shall, (a)  adjust the dollar amounts set out in this Act and in provisions continued by Part III by applying the indexing factor to the amounts as adjusted under this Part on the preceding January; and (b)  adjust the amounts payable under this Act and under provisions continued by Part III by applying the indexing factor to the amounts payable as adjusted under this Part on the preceding January. Increases prospective (3) Nothing in this section entitles a person to claim additional compensation under this Act for any period before January 1, 2018. Same, adjustments (4) Nothing in this section 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. 9. Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 23, s. 9 - 01/01/2018
111.1 (1) This section applies for the purposes of determining compensation payable under the pre-1997 Act before January 1, 2018. 2015, c. 38, Sched. 23, s. 9. Same (2) Subsections 148 (1) and (1.1) of the pre-1997 Act shall be deemed to be repealed and the following substituted: Indexation (1) Subject to subsection (1.2), the general indexing factor determined under subsection 49 (1) of the Workplace Safety and Insurance Act, 1997, as it read on December 31, 2017, applies with respect to the calculation of all compensation payable under this Act. 2015, c. 38, Sched. 23, s. 9. Same (3) That portion of subsection 148 (1.2) of the pre-1997 Act that precedes paragraph 1 shall be deemed to be repealed and the following substituted: Exception (1.2) The alternate indexing factor determined under subsection 50 (1) of the Workplace Safety and Insurance Act, 1997, as it read on December 31, 2017, applies with respect to the calculation of the following: . .  . .  . 2015, c. 38, Sched. 23, s. 9. Same (4) Paragraph 6 of subsection 148 (1.2) of the pre-1997 Act shall be deemed to be repealed. 2015, c. 38, Sched. 23, s. 9. Same (5) Subsection 148 (1.3) of the pre-1997 Act shall be deemed to be repealed. 2015, c. 38, Sched. 23, s. 9. Same (6) The pre-1997 Act shall be deemed to be amended by striking out “subsection 148 (1.3)” wherever it appears in paragraph 1 of subsection 43 (4), subparagraph 2 ii of subsection 43 (4), paragraph 1 of subsection 43 (5) and clause 43 (6.1) (b) and substituting in each case “subsection 148 (1.2)”. 2015, c. 38, Sched. 23, s. 9. Same (7) Subsection 148 (2) of the pre-1997 Act shall be deemed to be amended by striking out “the indexing factor” in clauses (a) and (b) and by substituting in clause (a) “the general indexing factor” and in clause (b) “the general or alternate indexing factor, as the case may be”. 2015, c. 38, Sched. 23, s. 9. Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 23, s. 9 - 01/01/2018
112 (1) Subsection 81 (1) and sections 84 and 86 of the pre-1997 Act shall be deemed to be repealed. Board of directors review (2) Section 93 of the pre-1997 Act shall be deemed to be repealed. Application (3) Sections 120 and 123, subsection 125 (2), section 126 and subsections 174 (1) to (5) of this Act apply, with necessary modifications, to pre-1998 injuries and to decisions of the Board rendered before January 1, 1998, but the time limits in section 120 and subsection 125 (2) apply only from January 1, 1998. Exception (4) Despite subsections (1) to (3), if, (a)  a panel of the Appeals Tribunal has commenced a hearing or consideration of an application or appeal pursuant to section 17, 23, 71 or 84 of the Workers’ Compensation Act; or (b)  the board of directors of the Board has exercised its discretion to review a decision of the Appeals Tribunal pursuant to section 93 of the Workers’ Compensation Act, and a final decision has not been made before this section comes into force, the panel or board of directors, as the case may be, may carry out and perform any duties and exercise any powers in connection with the application, appeal or review as though this section had not come into force.  1997, c. 16, Sched. A, s. 112. PART X 
UNINSURED EMPLOYMENT
113 (1) This Part applies with respect to industries that are not included in Schedule 1 or Schedule 2 and with respect to workers employed in those industries. Same (2) This Part applies with respect to the following types of workers who are employed in industries that are included in Schedule 1 or Schedule 2: 1.  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. 2.  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. 113.
114 (1) A worker may bring an action for damages against his or her employer for an injury that occurs in any of the following circumstances: 1.  The worker is injured by reason of a defect in the condition or arrangement of the ways, works, machinery, plant, buildings or premises used in the employer’s business or connected with or intended for that business. 2.  The worker is injured by reason of the employer’s negligence. 3.  The worker is injured by reason of the negligence of a person in the employer’s service who is acting within the scope of his or her employment. Same, deceased worker (2) If a worker dies as a result of an injury that occurs in a circumstance described in subsection (1), an action for damages may be brought against the employer by the worker’s estate or by a person entitled to damages under Part V of the Family Law Act.  1997, c. 16, Sched. A, s. 114.
115 (1) A worker may bring an action for damages against the person for whom work is being done under a contract and against the contractor and subcontractor, if any, for an injury that occurs in any of the following circumstances: 1.  The injury occurs by reason of a defect in the condition or arrangement of any ways, works, machinery, plant, building or premises. The person for whom the work is being done owns or supplies the ways, works, machinery, plant, building or premises. 2.  The injury occurs as a result of the negligence of the person for whom all or part of the work is being done. 3.  The injury occurs as a result of the negligence of a person in the service of the person for whom all or part of the work is being done, and the person who was negligent was acting within the scope of his or her employment. Same (2) Nothing in subsection (1) affects any right or liability of the person for whom the work is being done and the contractor and subcontractor as among themselves. Same (3) The worker is not entitled to recover damages under this section as well as under section 114 for the same injury.  1997, c. 16, Sched. A, s. 115.
116 (1) An injured worker shall not be considered to have voluntarily incurred the risk of injury in his or her employment solely on the grounds that, before he or she was injured, he or she knew about the defect or negligence that caused the injury. Certain common law rules abrogated (2) An injured worker shall not be considered to have voluntarily incurred the risk of injury that results from the negligence of his or her fellow workers. Contributory negligence (3) In an action for damages for an injury that occurs when a worker is in the service of an employer, contributory negligence by the worker is not a bar to recovery, (a)  by the injured worker; or (b)  if the worker dies as a result of the injury, by a person entitled to damages under Part V of the Family Law Act. Same (4) The worker’s contributory negligence, if any, shall be taken into account in assessing the damages in such an action.  1997, c. 16, Sched. A, s. 116.
117 (1) If an employer is insured against the employer’s liability to a worker for damages, the employer’s insurance shall be deemed to be for the benefit of the worker. Same (2) If the worker suffers an injury for which he or she is entitled to recover damages from the employer, the insurer shall not, without the consent of the worker, pay to the employer the amount for which the insurer is liable in respect of the injury until the worker’s claim has been satisfied.  1997, c. 16, Sched. A, s. 117. PART XI 
DECISIONS AND APPEALS Decisions by the Board
118 (1) The Board has exclusive jurisdiction to examine, hear and decide all matters and questions arising under this Act, except where this Act provides otherwise.  1997, c. 16, Sched. A, s. 118 (1). Same (2) Without limiting the generality of subsection (1), the Board has exclusive jurisdiction to determine the following matters: 1.  Whether an industry or a part, branch or department of an industry falls within a class or group of industries in Schedule 1 or in Schedule 2 and, if so, which one. 2.  Whether personal injury or death has been caused by an accident. 3.  Whether an accident arose out of and in the course of an employment by a Schedule 1 or Schedule 2 employer. 4.  Whether a person is co-operating in reaching his or her maximum medical recovery, in returning to work or in the preparation and implementation of a labour market re-entry plan. 5.  Whether an employer has fulfilled his, her or its obligations under the insurance plan to return a worker to work or re-employ the worker. 6.  Whether a labour market re-entry plan for a person is to be prepared and implemented. 7.  Whether loss of earnings has resulted from an injury. 8.  Whether permanent impairment has resulted from an injury, and the degree of the impairment. 9.  The amount of a person’s average earnings and net average earnings. 10.  Whether a person is a spouse, child or dependant of an injured worker for the purposes of the insurance plan.  1997, c. 16, Sched. A, s. 118 (2); 1999, c. 6, s. 67 (41); 2005, c. 5, s. 73 (40). Finality of decision (3) An action or decision of the Board under this Act is final and is not open to question or review in a court.  1997, c. 16, Sched. A, s. 118 (3). Same (4) No proceeding by or before the Board shall be restrained by injunction, prohibition or other process or procedure in a court or be removed by application for judicial review or otherwise into a court.  1997, c. 16, Sched. A, s. 118 (4). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 67 (41) - 01/03/2000 2005, c. 5, s. 73 (40) - 09/03/2005 Board: miscellaneous rules
119 (1) The Board shall make its decision based upon the merits and justice of a case and it is not bound by legal precedent. Same (2) If, in connection with a claim for benefits under the insurance plan, it is not practicable to decide an issue because the evidence for or against it is approximately equal in weight, the issue shall be resolved in favour of the person claiming benefits. Hearing (3) The Board shall give an opportunity for a hearing. Hearings (4) The Board may conduct hearings orally, electronically or in writing.  1997, c. 16, Sched. A, s. 119.
120 (1) A worker, survivor, employer, parent or other person acting in the role of a parent under subsection 48 (20) or beneficiary designated by the worker under subsection 45 (9) who objects to a decision of the Board shall file a notice of objection with the Board, (a)  in the case of a decision concerning return to work or a labour market re-entry plan, within 30 days after the decision is made or within such longer period as the Board may permit; and (b)  in any other case, within six months after the decision is made or within such longer period as the Board may permit. 1997, c. 16, Sched. A, s. 120 (1); 2021, c. 4, Sched. 11, s. 42 (6). Notice of objection (2) The notice of objection must be in writing and must indicate why the decision is incorrect or why it should be changed.  1997, c. 16, Sched. A, s. 120 (2). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 11, s. 42 (6) - 19/04/2021
121 The Board may reconsider any decision made by it and may confirm, amend or revoke it The Board may do so at any time if it considers it advisable to do so.  1997, c. 16, Sched. A, s. 121.
122 (1) The Board may provide mediation services in such circumstances as it considers appropriate. Time limit, return to work, etc. (2) If the mediation relates to an objection to a decision by the Board concerning return to work or a labour market re-entry plan and if the mediation is unsuccessful, the Board shall decide the matter within 60 days after receiving the notice of objection or within such longer period as the Board may permit. Role of mediator (3) The mediator shall not participate in any application or proceeding relating to the matter that is the subject of mediation unless the parties to the application or proceeding consent.  1997, c. 16, Sched. A, s. 122. Appeals Tribunal
123 (1) The Appeals Tribunal has exclusive jurisdiction to hear and decide, (a)  all appeals from final decisions of the Board with respect to entitlement to health care, return to work, labour market re-entry and entitlement to other benefits under the insurance plan; (b)  all appeals from final decisions of the Board with respect to transfer of costs, an employer’s classification under the insurance plan and the amount of the premiums and penalties payable by a Schedule 1 employer and the amounts and penalties payable by a Schedule 2 employer; and (c)  such other matters as are assigned to the Appeals Tribunal under this Act.  1997, c. 16, Sched. A, s. 123 (1). Same (2) For greater certainty, the jurisdiction of the Appeals Tribunal under subsection (1) does not include the jurisdiction to hear and decide an appeal from decisions made under the following Parts or provisions: 1.  Repealed:  2011, c. 11, s. 22. 2.  Sections 26 to 30 (rights of action) and 36 (health examination). 3.  Section 60, subsections 62 (1) to (3) and sections 64 and 65 (payment of benefits). 4.  Subsections 81 (1) to (6), 81.1 (1) to (3), 83 (1) and (2) and section 85 (allocation of payments). 5.  Part VIII (insurance fund). 6.  Part XII (enforcement), other than decisions concerning whether security must be given under section 137 or whether a person is liable under subsection 146 (2) to make payments.  1997, c. 16, Sched. A, s. 123 (2); 2011, c. 11, s. 22; 2019, c. 9, Sched. 13, s. 2. Decisions on an appeal (3) On an appeal, the Appeals Tribunal may confirm, vary or reverse the decision of the Board.  1997, c. 16, Sched. A, s. 123 (3). Finality of decision (4) An action or decision of the Appeals Tribunal under this Act is final and is not open to question or review in a court.  1997, c. 16, Sched. A, s. 123 (4). Same (5) No proceeding by or before the Appeals Tribunal shall be restrained by injunction, prohibition or other process or procedure in a court or be removed by application for judicial review or otherwise into a court.  1997, c. 16, Sched. A, s. 123 (5). Section Amendments with date in force (d/m/y) 2011, c. 11, s. 22 - 01/04/2012 2019, c. 9, Sched. 13, s. 2 - 06/06/2019 Appeals Tribunal: miscellaneous rules
124 (1) The Appeals Tribunal shall make its decision based upon the merits and justice of a case and it is not bound by legal precedent. Same (2) If, in connection with a claim for benefits under the insurance plan, it is not practicable to decide an issue because the evidence for or against it is approximately equal in weight, the issue shall be resolved in favour of the person claiming benefits. Hearings (3) The Appeals Tribunal may conduct hearings orally, electronically or in writing.  1997, c. 16, Sched. A, s. 124.
125 (1) A worker, employer, survivor, parent or other person acting in the role of a parent under subsection 48 (20) or beneficiary designated by the worker under subsection 45 (9) may appeal a final decision of the Board to the Appeals Tribunal.  1997, c. 16, Sched. A, s. 125 (1); 2021, c. 4, Sched. 11, s. 42 (7). Notice of appeal (2) The person shall file a notice of appeal with the Appeals Tribunal within six months after the decision or within such longer period as the tribunal may permit. The notice of appeal must be in writing and must indicate why the decision is incorrect or why it should be changed.  1997, c. 16, Sched. A, s. 125 (2). Notice by Appeals Tribunal (3) The Appeals Tribunal shall promptly notify the Board and the parties of record of the appeal and the issues to be decided on the appeal and shall give them copies of any written submissions made in connection with the appeal.  1997, c. 16, Sched. A, s. 125 (3). Board records, etc. (4) The Board shall give the Appeals Tribunal a copy of its records relating to the appeal promptly upon being notified of the appeal.  1997, c. 16, Sched. A, s. 125 (4). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 11, s. 42 (7) - 19/04/2021
126 (1) If there is an applicable Board policy with respect to the subject-matter of an appeal, the Appeals Tribunal shall apply it when making its decision. Notice of Board policies (2) The Board shall state in writing which policy, if any, applies to the subject-matter of an appeal after receiving notice of the appeal under subsection 125 (3). Same (3) If the Board does not state that a particular policy applies in respect of the subject-matter of an appeal, the tribunal may ask the Board to notify it if there is an applicable policy and the Board shall do so as soon as practicable. Referral by Appeals tribunal (4) If the tribunal, in a particular case, concludes that a Board policy of which it is notified is inconsistent with, or not authorized by, the Act or does not apply to the case, the tribunal shall not make a decision until it refers the policy to the Board for its review and the Board issues a direction under subsection (8). Same (5) The tribunal shall make the referral in writing and state the reasons for its conclusion. Board review (6) If there is a referral under subsection (4), the Board shall review the policy to determine whether it is consistent with, or authorized by, the Act or whether it applies to the case. Submissions (7) The Board shall provide the parties to the appeal in respect of which there is a referral an opportunity to make written submissions with respect to the policy. Board direction (8) Within 60 days after a referral to it, the Board shall issue a written direction, with reasons, to the tribunal that determines the issue raised in the tribunal’s referral under subsection (4).  1997, c. 16, Sched. A, s. 126.
127 (1) The Appeals Tribunal shall decide an appeal within 120 days after the hearing of the appeal ends or within such longer period as the tribunal may permit. Transition (2) If a notice of appeal is filed before January 1, 1998 and the Appeals Tribunal hears but does not decide the appeal before that date, the tribunal shall decide it not later than April 30, 1998 or such later date as the tribunal may permit. Same (3) If a notice of appeal is filed before January 1, 1998 and the Appeals Tribunal does not hear the appeal before that date, the tribunal shall decide it within 120 days after the hearing ends or within such longer period as the tribunal may permit.  1997, c. 16, Sched. A, s. 127.
128 Periodic payments required by a decision that is under appeal must continue pending the outcome of the appeal.  1997, c. 16, Sched. A, s. 128.
129 The Appeals Tribunal may reconsider its decision and may confirm, amend or revoke it The tribunal may do so at any time if it considers it advisable to do so.  1997, c. 16, Sched. A, s. 129.
130 The Appeals Tribunal may provide mediation services in such circumstances as it considers appropriate.  1997, c. 16, Sched. A, s. 130. Procedural and Other Powers
131 (1) The Board shall determine its own practice and procedure in relation to applications, proceedings and mediation With the approval of the Lieutenant Governor in Council, the Board may make rules governing its practice and procedure. Same, Appeals Tribunal (2) Subsection (1) applies with necessary modifications with respect to the Appeals Tribunal. Non-application (3) The Statutory Powers Procedure Act does not apply with respect to decisions and proceedings of the Board or the Appeals Tribunal. Notice of decisions (4) The Board or the Appeals Tribunal, as the case may be, shall promptly notify the parties of record of its decision in writing and the reasons for the decision. The Appeals Tribunal shall also notify the Board of the decision.  1997, c. 16, Sched. A, s. 131. Certain powers
132 (1) The Board and the Appeals Tribunal may do the following things in connection with a proceeding: 1.  Summon and enforce the attendance of witnesses and compel them to give oral or written evidence on oath or affirmation. These powers may be exercised in the same manner as a court of record in civil proceedings. 2.  Require persons to produce such documents or things as the Board or tribunal considers necessary to make its decision. This power may be exercised in the same manner as a court of record in civil proceedings. 3.  Accept such oral or written evidence as the Board or tribunal considers proper, whether or not it would be admissible in a court. Powers of entry and inspection, etc. (2) The Board and the Appeals Tribunal may do the following things in the exercise of their power to make decisions: 1.  Enter premises where work is being done or has been done by a worker or in which an employer carries on business (whether or not the premises are those of the employer). 2.  Inspect anything on the premises. 3.  Make inquiries of any person on the premises. 4.  Post notices on the premises. Posting notices (3) The Board or the Appeals Tribunal may require a person to post a notice in a conspicuous place on the person’s premises and to keep the notice posted, if the Board or tribunal considers it necessary for the purposes of this Act. Authorization (4) The Board or the Appeals Tribunal may authorize a person to do anything that the Board or tribunal can do under this section and may require the person to report when he or she does so.  1997, c. 16, Sched. A, s. 132.
133 (1) The Board or the Appeals Tribunal may pay the reasonable travel and living expenses of, and other allowances for, (a)  a worker and his or her witnesses; (b)  the survivors of a deceased worker and their witnesses; (c)  the parent or other person referred to in subsection 48 (20); or (d)  a designated beneficiary referred to in subsection 45 (9).  1997, c. 16, Sched. A, s. 133 (1); 2021, c. 4, Sched. 11, s. 42 (8). Same (2) Amounts paid under subsection (1) are expenses of the Board or the Appeals Tribunal, as the case may be.  1997, c. 16, Sched. A, s. 133 (2). Section Amendments with date in force (d/m/y) 2021, c. 4, Sched. 11, s. 42 (8) - 19/04/2021
134 (1) The chair of the Appeals Tribunal may establish a list of health professionals upon whom the tribunal may call for assistance in determining matters of fact in a proceeding The list must not include employees of the tribunal or the Board. Remuneration (2) The chair shall determine the remuneration to be paid to a health professional who assists the Appeals Tribunal and, in doing so, shall take into account any fee schedule established by the Board for services provided by health professionals. Same (3) The Appeals Tribunal shall pay a health professional the amount determined by the chair. Assistance by health professional (4) The Appeals Tribunal may call upon a health professional on the list for assistance at any time before or during a proceeding. Restriction (5) The Appeals Tribunal shall not call upon a particular health professional for assistance in any of the following circumstances except with the written consent of the parties to the proceeding: 1.  If the health professional has previously examined the worker whose claim is the subject of the proceeding. 2.  If the health professional has previously treated the worker or a member of his or her family. 3.  If the health professional has acted as a consultant in the treatment of the worker or as a consultant to the employer. 4.  If the health professional is a partner to a health professional described in paragraph 1, 2 or 3. Health examination (6) If the chair or a vice chair of the Appeals Tribunal determines that an issue on an appeal concerns the Board’s decision on a health report or opinion, the chair or vice chair may require the worker to submit to an examination by a health professional (selected by the chair or vice chair) and the worker shall do so. Same (7) The health professional shall give the Appeals Tribunal a written report on his or her examination of the worker and the tribunal shall give a copy of the report to the parties for the purpose of receiving their submissions on it. Failure to comply (8) If a worker fails to comply with subsection (6) or obstructs the examination without reasonable cause, the Appeals Tribunal may suspend payments to the worker under the insurance plan and may suspend the worker’s right to a final decision by the tribunal while the non-compliance or obstruction continues.  1997, c. 16, Sched. A, s. 134. PART XII 
ENFORCEMENT Powers of Examination and Investigation Examination and inspection
135 (1) The Board or a person authorized by it may examine the books and accounts of an employer and may investigate and make such inquiries as the Board considers necessary for the following purposes: 1.  To ascertain whether a statement given to the Board by the employer is accurate. 2.  To ascertain the amount of the employer’s payroll. 3.  To ascertain whether the employer is a Schedule 1 or a Schedule 2 employer. 4.  To ascertain whether an employer has contravened section 22.1. 1997, c. 16, Sched. A, s. 135 (1); 2015, c. 34, Sched. 3, s. 3 (1). Inspection of premises (2) The Board may enter into the establishment of an employer and the premises connected with the establishment for the following purposes: 1.  To ascertain whether the ways, works, machinery or appliances in the establishment or on the premises are safe, adequate and sufficient. 2.  To ascertain whether all proper precautions are being taken to prevent accidents to the workers employed in or about the establishment or premises. 3.  To ascertain whether the safety appliances or safeguards required by law are used and employed in the establishment or on the premises. 4.  For such other purpose as the Board considers necessary to determine the proportion in which the employer should make payments under this Act. 5.  To ascertain whether an employer has contravened section 22.1. 1997, c. 16, Sched. A, s. 135 (2); 2015, c. 34, Sched. 3, s. 3 (2). Order for search and seizure (3) The Board may apply without notice to a judge of the Superior Court of Justice for an order authorizing one or more persons designated by the Board (together with such police officers as they may call upon for assistance), (a)  to enter and search a building, receptacle or place for books and accounts of an employer and to do so by force if necessary; (b)  to remove the books and accounts for the purpose of examining them; and (c)  to retain the books and accounts until the examination is completed.  1997, c. 16, Sched. A, s. 135 (3); 2000, c. 26, Sched. I, s. 1 (16). Same (4) The court may issue such an order.  1997, c. 16, Sched. A, s. 135 (4). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. I, s. 1 (16) - 06/12/2000 2015, c. 34, Sched. 3, s. 3 (1, 2) - 10/12/2015
136 (1) Section 33 of the Public Inquiries Act, 2009 applies to an examination, investigation and inspection conducted by the Board or any person appointed by the Board.  2009, c. 33, Sched. 6, s. 91. Identification (2) A person appointed by the Board to conduct an examination, investigation or inspection shall produce evidence of his or her appointment upon request when conducting an examination, investigation or inspection.  1997, c. 16, Sched. A, s. 136 (2). Section Amendments with date in force (d/m/y) 2009, c. 33, Sched. 6, s. 91 - 01/06/2011 Enforcement of Payment Obligations
137 (1) The Board may require an employer to give the Board security for the payment of amounts that are or may become due under the insurance plan. Same (2) The Board may specify the type and amount of security to be provided and may vary the type and amount if it considers it appropriate to do so. Same (3) The employer shall provide the security within 15 days after being directed to do so. Enforcement (4) The Board may enforce an obligation to provide security as if it were an obligation by the employer to make a payment under this Act.  1997, c. 16, Sched. A, s. 137. Set-off and other remedies
138 (1) The Board may deduct from money payable to a person by the Board all or part of an amount owing under this Act by the person. Other remedies (2) The Board may pursue such other remedies as it considers appropriate to recover an amount owing to it.  1997, c. 16, Sched. A, s. 138.
139 (1) If a person does not pay amounts owing under this Act when they become due, the Board may issue a certificate stating that the person is in default under this Act and setting out the amount owed and the person to whom it is owed.  1997, c. 16, Sched. A, s. 139 (1). Same (2) The Board may file the certificate with the Superior Court of Justice or with the Small Claims Court and it shall be entered in the same way as an order of that court and is enforceable as such.  Despite any other rule of the court, the Board may file the certificate by mail and personal attendance at the court is not required.  1997, c. 16, Sched. A, s. 139 (2); 2000, c. 26, Sched. I, s. 1 (17). Section Amendments with date in force (d/m/y) 2000, c. 26, Sched. I, s. 1 (17) - 06/12/2000
140 (1) If an employer does not pay amounts owing under this Act within 30 days after they become due, the Board may issue a certificate setting out the employer’s status under this Act and the address of the employer’s establishment, stating that the employer is more than 30 days in default under this Act and setting out the amount owed. Same (2) The Board may give the certificate to the clerk of a municipality in which the employer’s establishment is located. The clerk shall enter the amount owed by the employer on the collector’s roll as if it were taxes due from the employer in respect of the establishment. Same (3) The collector shall collect the amount as if it were taxes due from the employer and shall pay the amount collected to the Board. The collector may collect an additional 5 per cent in the same manner and shall keep it to pay for the collector’s services. Same (4) The Board may issue certificates under this section and section 139 in respect of the same amount and may pursue both types of remedies.  1997, c. 16, Sched. A, s. 140. Contractors and subcontractors, except in construction
141 (1) This section applies when a person retains a contractor or subcontractor to perform work in an industry included in Schedule 1 or Schedule 2, other than construction.  2008, c. 20, s. 5. Deemed employer (2) The Board may determine that the person is deemed to be the employer of the workers employed by the contractor or subcontractor to perform the work, and in that case the person is liable to pay the premiums payable by the contractor or subcontractor in respect of their workers as if the person were the contractor or subcontractor.  2008, c. 20, s. 5. Right to reimbursement (3) Subject to subsection (4), the person is entitled to be reimbursed by the contractor or subcontractor for amounts paid under subsection (2) in respect of workers employed by the contractor or subcontractor.  2008, c. 20, s. 5. Same (4) The Board shall determine the extent of the contractor’s or subcontractor’s liability under subsection (3).  2008, c. 20, s. 5. Right of set-off (5) The person may deduct amounts for which the contractor or subcontractor is liable under subsection (3) from money payable to the contractor or subcontractor.  2008, c. 20, s. 5. Obligation to pay (6) If the person is not deemed to be the employer under subsection (2), the person, (a)  shall ensure that the contractor or subcontractor complies with the contractor’s or subcontractor’s obligations to make payments under the insurance plan as an employer; and (b)  is liable to the extent the contractor or subcontractor does not meet those obligations.  2008, c. 20, s. 5. Right of indemnity (7) The person is entitled to be indemnified by the contractor or subcontractor for amounts paid under subsection (6).  2008, c. 20, s. 5. Role of Board (8) The Board shall determine all issues relating to subsections (6) and (7).  2008, c. 20, s. 5. Liability of contractor, subcontractor (9) Nothing in this section prevents the Board from requiring the contractor or subcontractor to pay premiums or reimburse the Board in respect of workers who have a deemed employer under this section.  2008, c. 20, s. 5. Certificates (10) For the purposes of this section, the Board may issue a certificate to the person who retains a contractor or subcontractor, or to the contractor or subcontractor, on such terms and conditions as it considers appropriate, confirming that the contractor or subcontractor has complied with the contractor’s or subcontractor’s obligations to make payments under the insurance plan.  2008, c. 20, s. 5. Section Amendments with date in force (d/m/y) 2008, c. 20, s. 5 - 01/01/2013 Contractors and subcontractors in construction
141.1 (1) This section applies when a person directly retains a contractor or subcontractor to perform construction work.  2008, c. 20, s. 5. Duty of person who retains contractor or subcontractor (2) A person who directly retains a contractor or subcontractor to perform construction work, (a)  shall ensure that the contractor or subcontractor complies with the contractor’s or subcontractor’s payment obligations under this Act in respect of the work; and (b)  is liable for those obligations, to the extent that the contractor or subcontractor does not comply with them.  2008, c. 20, s. 5. Right to reimbursement (3) Subject to subsection (4), the person is entitled to be reimbursed by the contractor or subcontractor for amounts paid under subsection (2).  2008, c. 20, s. 5. Same (4) The Board shall determine the extent of the contractor’s or subcontractor’s liability under subsection (3).  2008, c. 20, s. 5. Right of set-off (5) The person may deduct amounts for which the contractor or subcontractor is liable under subsection (3) from money payable to the contractor or subcontractor.  2008, c. 20, s. 5. Right of indemnity (6) The person is entitled to be indemnified by the contractor or subcontractor for amounts paid under subsection (2).  2008, c. 20, s. 5. Role of Board (7) The Board shall determine all issues relating to subsections (2) and (6).  2008, c. 20, s. 5. Exempt home renovation work (8) Subsections (1) to (7) do not apply in respect of a person who directly retains a contractor or subcontractor to perform exempt home renovation work as defined in subsection 12.2 (10).  2008, c. 20, s. 5. Exception, compliance with s. 141.2 (9) Subsections (1) to (7) do not apply in respect of a person who complies with section 141.2.  2008, c. 20, s. 5. Section Amendments with date in force (d/m/y) 2008, c. 20, s. 5 - 01/01/2013 Construction work, obligations respecting certificates
141.2 (1) This section applies in respect of a person who directly retains a contractor or subcontractor to perform construction work.  2008, c. 20, s. 5. Obtaining certificate (2) Before permitting the contractor or subcontractor to begin construction work, the person shall obtain a certificate or a copy of a certificate issued under subsection (3).  2008, c. 20, s. 5. Issuance by Board (3) If the Board is satisfied that the contractor or subcontractor has registered with the Board and complied with the payment obligations under this Act, it shall issue to the contractor or subcontractor or to the person, on request, a certificate that, (a)  confirms the registration and compliance; and (b)  states the period during which the certificate is in effect.  2008, c. 20, s. 5. Revocation (4) The Board may, at any time, revoke the certificate by giving a written notice of revocation to the contractor or subcontractor.  2008, c. 20, s. 5. Notice (5) On receiving the notice of revocation under subsection (4), the contractor or subcontractor shall immediately inform the person.  2008, c. 20, s. 5. New certificate (6) The person shall obtain a new certificate from the Board or from the contractor or subcontractor if, before the construction work is completed, (a)  the certificate expires; or (b)  the certificate is revoked and the person becomes aware of the fact.  2008, c. 20, s. 5. Prohibition (7) The contractor or subcontractor shall not perform construction work for the person during a period for which no certificate is in effect.  2008, c. 20, s. 5. Same (8) The person shall not permit the contractor or subcontractor to perform construction work for the person during a period for which the person is aware that no certificate is in effect.  2008, c. 20, s. 5. Retention of certificate or copy (9) The person shall keep a certificate or copy of a certificate obtained under this section for at least three years after the date it is obtained, and shall produce it for inspection at the request of the Board or of a person appointed or authorized by the Board.  2008, c. 20, s. 5. Exempt home renovation work (10) Subsections (1) to (9) do not apply in respect of a person who directly retains a contractor or subcontractor to perform exempt home renovation work as defined in subsection 12.2 (10).  2008, c. 20, s. 5. Section Amendments with date in force (d/m/y) 2008, c. 20, s. 5 - 01/01/2013