NEWFOUNDLAND AND LABRADOR REGULATION 111/23

NLR 66/23

1. (1) Subsections 15(1) and (2) of the Workplace Health, Safety and Compensation Administrative Regulations are repealed and the following substituted:

Payment in death of worker

15. (1) Where the death of a worker results from an injury, the worker's surviving dependent spouse or cohabiting partner is entitled to

(a) the greater of

(i) a lump sum payment equal to 26 times the worker's average weekly net earnings at the time of injury, or

(ii) either

(A) $15,000, where the death of the worker occurred before January 1, 2024, or

(B) $24,000, where the death of the worker occurred on or after January 1, 2024; 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 worker's surviving dependent spouse or cohabiting partner 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 worker's surviving dependent spouse or cohabiting partner 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 the greater of

(a) a lump sum payment equal to 26 times the worker's average weekly net earnings at the time of injury, or

(b) either

(i) $15,000, where the death of the worker occurred before January 1, 2024, or

(ii) $24,000, where the death of the worker occurred on or after January 1, 2024.

(2) Section 15 of the regulations is amended by adding immediately after subsection (2) the following:

(2.1) A payment referred to in subsection (2) shall be paid to the guardian of the property of the dependent children.

(3) Subsection 15(3) of the regulations is amended by deleting the words "surviving spouse" and substituting "worker's surviving dependent spouse or cohabiting partner".

2. Section 16 of the regulations is repealed and the following substituted:

Compensation of worker's surviving dependent spouse or cohabiting partner

16. (1) A worker's surviving dependent spouse or cohabiting partner 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 worker's surviving dependent spouse or cohabiting partner 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 worker's surviving dependent spouse or cohabiting partner 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 worker's surviving dependent spouse or cohabiting partner under the Canada Pension Plan or the Quebec Pension Plan; and

(b) the gross weekly value of a survivor’s pension payable to the worker's surviving dependent spouse or cohabiting partner under an employer-sponsored pension plan.

(3) The amount payable to a worker's surviving dependent spouse or cohabiting partner under this section may be reviewed and adjusted to reflect changes in the survivor’s pensions payable to the worker’s surviving dependent spouse or cohabiting partner.

(4) To be eligible to receive the minimum compensation a worker's surviving dependent spouse or cohabiting partner 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 worker's surviving dependent spouse or cohabiting partner shall not be entitled to the minimum compensation if

(a) the worker's surviving dependent spouse or cohabiting partner was only eligible for lump sum compensation in respect of the death of a worker; or

(b) the worker's surviving dependent spouse's or cohabiting partner's periodic compensation was terminated for reasons other than the date of birth or age of the worker's surviving dependent spouse or cohabiting partner, the worker or the worker's dependent children.

3. Section 19 of the regulations is repealed and the following substituted:

Limit to compensation

19. (1) A worker's surviving dependent spouse or cohabiting partner who is 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 or cohabiting partner is entitled to receive the compensation payable as a result of the death of the person's current spouse or cohabiting partner 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 or cohabiting partner.

(3) Where compensation is paid under subsection (2), compensation being paid as a result of the death of a previous spouse or cohabiting partner shall cease.

(4) Where compensation is not paid under subsection (2), compensation being paid as a result of the death of a previous spouse or cohabiting partner 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 worker's surviving dependent spouse or cohabiting partner.

Commencement

4. These regulations come into force on January 1, 2024.