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Newfoundland and Labrador NEWFOUNDLAND Workplace
Health, Safety and Compensation Administrative (Filed August 31, 2023) Under the authority of section 150 of the Workplace Health, Safety and Compensation Act, 2022, the Workplace Health, Safety and Compensation Commission, with the approval of the Lieutenant-Governor in Council, makes the following regulations. Dated at St. John’s, August 30, 2023. John Peddle Krista Quinlan REGULATIONS Analysis 1. Short title 2. Definitions 3. Approval required 4. Exclusions from Act 5. Commercial fishers 6. Interpretative provision for Act 7. Determination of fisher's earnings 8. Assessment of fishers 9. Payment to fisher protected 10. Registration required 11. Responsibility of vessel owner 12. Report of vessel's master 13. Vessel owner to pay expenses 14. Educational institutions 15. Payment in death of worker 16. Compensation of surviving spouse 17. Determination of benefits payable upon death of worker 18. Commission to pay expenses 19. Limit to compensation 20. Maximum compensable assessable earnings 21. Occupational diseases 22. Minimum assessment 23. Statements of payroll 24. Fishing and logging industry reports 25. Payroll estimate adjustments 26. Deductions from payroll 27. Statement 28. Permanent disability benefits 29. Recovery of assessments 30. Commencement Short title 1. These regulations may be cited as the Workplace Health, Safety and Compensation Administrative Regulations. Definitions 2. In these regulations (a) "Act" means the Workplace Health, Safety and Compensation Act, 2022; (b) "commercial fisher" means (i) a master or member
of a crew of a licensed commercial fishing vessel, (ii) a master or member of a crew of a vessel
which is engaged in fish packing, fish collecting or fish buying for commercial
sale or use, or (iii) a fisher who in the opinion of the
commission contributes to the catching or landing of fish for commercial sale
or use and who (A) in the course of the
fisher's occupation as a fisher, contributes to the catching or landing of fish
for arrival in ports of the province for sale or use by a fish processing
establishment or other commercial buyer or commercial recipient of fish, (B) in the course of the
fisher's occupation as a fisher, receives payment in the province for fish or for
the fisher's contribution to the catching or landing of fish from a person
engaged within the province in transmitting payments to fishers as a result of
the commercial sale or use of fish, (C) has made
arrangements with the commission for the payment of assessments calculated by
reference to the fisher's earnings from fishing, or (D) notwithstanding
these regulations, would be both a worker as defined in the Act and a fisher; (c) "commercial buyer" means a person who buys fish for resale or commercial use but
excludes a person who buys fish for personal or family consumption; (d) "commercial recipient" means a person who receives fish for resale or commercial use but
excludes a person who receives fish for personal or family consumption; (e) "commercial sale" means a sale to a person who buys fish for resale or commercial
use but excludes a sale to a person who buys fish for personal or family
consumption; (f) "fish" means a species of animal living in water; (g) "fisher" means a person who contributes in any manner to the catching or
landing of fish; (h) "fishing
vessel" means a vessel used in catching fish or
collecting and transporting fish for landing; (i) "off-season" means the period during which a fisher has ceased operations, with a reasonable period for preparing and concluding the season's work, unless emergency circumstances prevail; (j) "permanent disability benefits"
means permanent partial or permanent total disability
benefits payable under the Act; and (k) "reportable injury" means an injury required to be reported to the commission under section
65 of the Act. Approval required 3. (1) Where an expenditure under section 11 of the Act equals or
exceeds the amount of $100,000, the approval of the Lieutenant-Governor in
Council is required. (2) For the purpose of
this section, reference to an expenditure, is a reference (a) in the case of an acquisition, sale or dealing, to each
individual acquisition, sale or dealing; and (b) in the case of a
lease, to each individual payment in respect of the lease. Exclusions from Act 4. The following types of employment and occupations are
excluded from the application of the Act (a) employment by a person in respect of construction or
renovation of a private residence, where the residence is or is intended to be
used as a private residence of the person; (b) employment by a person in respect of a function in a
private residence of the person; and (c) professional sports competitors. Commercial fishers 5. (1) Except to the
extent varied by these regulations or other regulations made under the Act, all
provisions of the Act relating to workers shall apply to commercial fishers. (2) For the purpose of the Act, a commercial fisher's
employment includes work activities directly related to the commercial fisher's
occupation as a commercial fisher during the commercial fisher's normal fishing
season but does not include off-season activities unless special coverage has
been obtained from the commission. (3) A commercial fisher is not to be considered to be in the course of employment during the off-season. Interpretative provision for Act 6. (1)
For the purpose of section 52 of the Act (a) "employer"
includes a person required to pay assessments under section 8 and a person
included in section 11, but does not include a commercial fisher; and (b) "worker"
includes a commercial fisher. (2) Section 59 of the
Act does not apply to a commercial fisher. (3) For the purpose of sections 65 and 98 of the Act, the
employer in respect of a fishing vessel owned or chartered by a commercial
buyer or commercial recipient of fish is the vessel owner or charterer. Determination of fisher's earnings 7. Average earnings in
respect of a commercial fisher shall be determined in accordance with section 89
of the Act with reference to earnings from fishing in relation to which
assessments have been paid or are required to be paid to the time of injury. Assessment of fishers 8. (1) Unless the
commission otherwise determines, (a) a fish processing establishment licensed or required to be
licensed under the Fish Inspection Act, which directly or indirectly
acquires fish from a commercial fisher, shall pay assessments on the fish
acquired, except where the fish are acquired from another fish processing establishment; (b) a commercial buyer
or commercial recipient who acquires fish from a commercial fisher other than (i) for resale to a fish
processing establishment, or (ii) as an agent for a
fish processing establishment, shall pay assessments on
the fish acquired; (c) a person who engages the services of a master or crew for a
fishing vessel shall pay assessments on earnings of the master or crew in
respect of which assessments are not paid or payable under paragraph (a) or
(b); and (d) a person engaged within the province in transmitting
payment to a commercial fisher from the commercial sale of fish landed outside
the province shall pay assessments on the payment. (2) Assessments shall be
paid on the total wages, price or other payments made payable to or on behalf
of a commercial fisher and shall be calculated and determined, and the
commission notified, in the manner that the commission may require. (3) Priority of the
commission in respect of an assessment from a person referred to in subsection (1)
vests in the commission (a) in relation to a fish processing establishment, a
commercial buyer or a commercial recipient, on the day the fish is acquired; (b) in relation to a person engaging a master or crew, on the
day the master or crew receive the earnings in respect of which the assessments
are paid; and (c) in relation to a person transmitting payment to a
commercial fisher as described in paragraph (1)(d), on the day the commercial
fisher receives the payment transmitted. (4) The fish processor, the commercial buyer and the commercial
recipient are liable for the amount of the assessment in respect of the value
of the fish purchased and the commission may levy upon and collect the
assessment from one or more of them. Payment to fisher protected 9. A sum payable for assessments shall not be deducted from a
payment due to a commercial fisher. Registration required 10. A person required to
pay assessments under section 8 shall register with the commission and provide
information that the commission may require. Responsibility of fishing vessel owner 11. (1) A fishing vessel owner shall comply with the Act and regulations and orders and directions issued
under the Act in respect of fishing vessels. (2) Notwithstanding
subsection (1), in addition to or instead of the fishing
vessel owner, the commission may require that one or more of the following
persons comply with the Act and regulations and orders and directions issued
under the Act in respect of fishing vessels: (a) the master of the
fishing vessel; (b) a commercial fisher; (c) the fishing vessel
charterer; (d) a person engaged in
the construction, repair or maintenance of fishing vessels; or (e) another person who
works in or contributes to the production of the fishing industry. Report of master of fishing vessel 12. Where the master of a
fishing vessel receives a report under section 65 of the Act, or becomes aware
that a member of the crew has died or sustained an injury, the master of the fishing vessel shall immediately report the
death or injury to the owner or charterer of the fishing vessel or, where that
is impracticable, to the commission. Fishing vessel owner to pay expenses 13. Where a person transports an injured fisher in accordance
with section 98 of the Act, the expense of transporting the injured fisher shall
be paid by the owner of the fishing vessel on which the fisher is injured or,
where the fishing vessel is chartered, by the charterer of the fishing vessel
on which the fisher is injured or, in default of payment by the owner or
charterer of the fishing vessel, the master of the fishing vessel. Educational institutions 14. For the purpose of subsection 49(1) of the Act, the
following are educational institutions: (a) Memorial University of
Newfoundland; (b) College of the North
Atlantic; (c) Centre for Nursing
Studies; (d) Western Regional School
of Nursing; and (e) a school as defined by the Schools Act, 1997. Payment in death of worker 15. (1) Where the death
of a worker results from an injury, a dependent spouse who survives the worker
is entitled to (a) a lump sum payment equal to 26 times the worker's average
weekly net earnings at the time of injury or $15,000, whichever is greater; and (b) for the period (i) from July 1, 1996 to March 31, 2018,
compensation in an amount equal to 80% of the worker's average weekly net
earnings at the time of the injury less a survivor's pension payable to the
surviving spouse under the Canada Pension Plan or the Quebec Pension Plan,
payable periodically until the date that the worker would have reached 65 years
of age, and (ii) after March 31,
2018, compensation in an amount equal to 85% of the worker's average weekly net
earnings at the time of the injury less a survivor's pension payable to the
surviving spouse under the Canada Pension Plan or the Quebec Pension Plan,
payable periodically until the date that the worker would have reached 65 years
of age. (2) Where the death of a
worker results from an injury and the worker is survived only by one or more
dependent children, in addition to compensation payable under section 80 of the
Act, the dependent children are entitled to share equally in a lump sum payment
equal to 26 times the worker's average weekly net earnings at the time of
injury or $15,000, whichever is greater, and the payment shall be paid to the
guardian of the property of the children. (3) Where a surviving spouse in receipt of a benefit under this
section dies leaving one or more dependent children of the worker under the age
of 18 years, the compensation payable under paragraph (1)(b) shall be paid to
the guardian of the property of the children until the youngest child reaches
the age of 18 years. (4) Notwithstanding subsections
(1) and (2), where the worker is 63 years old or more at the time of death, the
periodic compensation under paragraph (1)(b) shall be provided for a period of
not more than 2 years following the death of the worker. (5) Nothing in this section affects the right of a dependent to
continue to receive benefits to which the dependent was entitled to before July
1, 1996 and to increases to those benefits which may be provided under
subsection 75(2) of the Act. (6) This section applies where the death of a worker results from an injury that occurred after June 30, 1996. Compensation of surviving spouse 16. (1) A surviving
spouse who is receiving or has previously received periodic compensation in
respect of the death of a worker, regardless of the date of the injury, shall
be entitled to a minimum level of compensation from September 1, 1998, payable
periodically until (a) the surviving spouse
reaches 65 years of age, where the death of the worker results from an injury
which occurred on or before June 30, 1996; or (b) the date that the
deceased worker would have reached 65 years of age, where the death of that
worker results from an injury which occurred after June 30, 1996, and after that,
a surviving spouse may continue to receive compensation, if payable, according
to the system of survivor’s benefits applicable to the worker’s fatality. (2) The minimum
compensation payable shall be equivalent to $200 per week less (a) the gross weekly
value of a survivor’s pension payable to the surviving spouse under the Canada
Pension Plan or the Quebec Pension Plan; and (b) the gross weekly
value of a survivor’s pension payable to the surviving spouse under an
employer-sponsored pension plan. (3) The amount payable
to a surviving spouse under this section may be reviewed and adjusted to
reflect changes in the survivor’s pensions payable to the surviving spouse. (4) To be eligible to receive the minimum compensation a
surviving spouse shall provide proof satisfactory to the commission of the
receipt or non-receipt of the survivor’s pensions referred to in subsection
(2). (5) Notwithstanding
subsection (1), a surviving spouse shall not be entitled to the minimum
compensation if (a) the
surviving spouse was only eligible for lump sum
compensation in respect of the death of a worker; or (b) the
surviving spouse's periodic compensation was
terminated for reasons other than the date of birth or age of the surviving
spouse, the worker or the worker's dependent children. Determination of benefits payable upon death of worker 17. Where a
worker dies from an injury, the benefits payable to a dependent of the worker
on the worker's death shall be determined according to the regulations in force
at the time the worker sustained the injury causing death. Commission to pay expenses 18. (1) Notwithstanding section 17, where a
worker dies as a result of an injury, the commission shall pay expenses for the
burial of the worker or for a memorial service held for the worker, up to a
maximum of $10,000 where the death occurs on or after January 1, 2019. (2) Notwithstanding
section 17 and subsection (1), where a worker dies as a result of an injury,
the commission shall pay expenses for the burial of the worker or for a
memorial service held for the worker, up to a maximum of $5,000 where the death
occurred on or after May 28, 1998 but before January 1, 2019. Limit to compensation 19. (1) A surviving
dependent spouse, entitled to compensation by reason of the death of a worker,
is not entitled to further compensation as a dependent of another worker. (2) Notwithstanding subsection (1), a person who is in receipt
of compensation as the result of the death of a previous spouse is entitled to
receive the compensation payable as a result of the death of the person's current
spouse where the present value of that compensation exceeds the present value
of the compensation the person is receiving, calculated by the commission as of
the date of death of the current spouse. (3) Where compensation is paid under subsection (2),
compensation being paid as a result of the death of a previous spouse shall
cease. (4) Where compensation is not paid under subsection (2),
compensation being paid as a result of the death of a previous spouse continues
where the person continues to be entitled to receive it and the commission may
pay the amount specified in the applicable regulation for burial or memorial
expenses. (5) Compensation payable to a person under subsection 75(3) of the Act shall cease when a person becomes entitled to compensation as a surviving spouse of a worker. Maximum compensable assessable earnings 20.
The maximum compensable assessable earnings for 2015
and each year after that shall be calculated annually in accordance with the
following formula: MCAE = (PMCAE x (Percent change in CPI/100)) where MCAE
means the maximum compensable assessable earnings PMCAE means the maximum compensable assessable earnings for the previous year Percent
change in CPI means the percent difference, rounded
to one decimal place, between (i) the average monthly Consumer Price Index
as published for Canada by Statistics Canada for the 12 month July to June
period immediately preceding the year of the maximum compensable assessable
earnings calculation, and (ii) the average monthly Consumer Price Index as published for Canada by Statistics Canada for the 12 month July to June period immediately preceding the period referred to in subparagraph (i). Occupational diseases 21. (1) For the purpose
of subsection 104(2) of the Act, the commission has set out the following
occupational diseases and associated processes:
(2) In the application of the Table in subsection
(1), the degree and type of exposure should be taken into account when
appropriate. Minimum assessment 22. Where
an assessment at a provisional or adjusted rate would be less than $50, an employer
shall be assessed a minimum assessment of $50. Statements of payroll 23. (1) Under subsection
123(2) of the Act, certified statements of payroll shall be signed by the
employer or manager of the business or, where the employer is a corporation, by
an officer of the corporation having a knowledge of the matter in the
declaration, and shall be submitted to the commission no later than (a) 30 days after
becoming an employer under the Act; and (b) the last day of February
of each subsequent year. (2) An employer who
fails to comply with subsection (1) shall be liable for an additional
assessment in accordance with the following table:
(3) In addition to a
penalty imposed under subsection (2), the commission may impose a penalty of
10% of that penalty for each day during which the failure to comply with this
section continues. (4) A penalty imposed on an employer under this section may be added to the employer’s assessment and payment enforced under section 140 of the Act. Fishing and logging industry reports 24. (1) Notwithstanding
section 23, an employer in the fishing industry shall submit a certified
statement with respect to fish purchases, and an employer in the logging
industry shall submit a certified statement with respect to pulpwood and
logging production, to the commission (a) for the first
quarter of the year, not later than April 15; (b) for the second
quarter of the year, not later than July 15; (c) for the third
quarter of the year, not later than October 15; and (d) for the fourth
quarter of the year, not later than January 15. (2) An employer who
fails to comply with subsection (1) shall be liable for an additional
assessment in accordance with the following table:
(3) In addition to a
penalty imposed under subsection (2), the commission may impose a penalty of
10% of that penalty for each day during which the failure to comply with this
section continues. (4) A penalty imposed on an employer under this section may be added to the employer’s assessment and payment enforced under section 140 of the Act. Payroll estimate adjustments 25. (1)
Where the actual payroll of an
employer is more than 125% of the estimated payroll provided by the employer
under paragraph 123(2)(b) of the Act, the employer shall pay a penalty equal to
10% of the difference between the actual assessment and 125% of the estimated or
provisional assessment. (2) The
penalty referred to in subsection (1) shall be added to the employer's
assessment. (3) Notwithstanding subsection (1), where the amount of the penalty calculated in accordance with subsection (1) is less than $50 the employer is not required to pay a penalty. Deduction from payroll 26. In calculating and adjusting the amount of the payroll of an employer under section 124 of the Act, an amount in excess of the maximum assessable compensable earnings paid to a worker shall be deducted from the amount of the payroll and the assessment shall be based on the payroll as reduced. Statement 27. At the end of each year, a principal shall provide a statement to the commission which shall include the names of all persons to whom contracts were given during the previous year and details of those contracts in the form required by the commission. Permanent disability benefits 28. (1)
Where permanent disability benefits are being paid to
a worker in respect of an injury which occurred before January 1, 1984, those
benefits may, after December 31, 1985, (a) where there is no loss of earnings as a result of the
injury, be converted to a lump sum payment based on the capitalized reserve
established to sustain the permanent disability benefits, subject to the
conversion being acceptable to the injured worker; (b) where there is a demonstrated or considered loss of
earnings as a result of the injury, be integrated into loss of earnings
benefits; or (c) where necessary or appropriate, be determined by using a
combination of paragraphs (a) and (b). (2) In no case shall the conversion of benefits under subsection (1) result in a decrease in the amount of benefits being paid immediately before the conversion. Recovery of assessments 29. All penalties, assessments and amounts that may be assessed, imposed or recovered under these regulations may be recovered in the name of the commission in a court, but the commission, where satisfied that a default referred to in these regulations was excusable, may relieve the employer in whole or in part of a penalty. Commencement 30. These regulations come into force on
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