This is an official version.
Copyright © 2006: Queens Printer,
Newfoundland Regulation 1998
Workersí Compensation Regulations (Amendment)
(Filed November 17, 1998)
Under the authority of the Workersí Compensation Act, the Lieutenant-Governor in Council makes the following regulations.
††††††† 1.†† S.17
††††††† 2.†† Ss.17.1
and 17.2 Added
††††††† 3.†† S.23
††††††† 4.†† Commencement
††††††† 1. (1) Subsection 17(4) of the Workersí Compensation Regulations is repealed and the following substituted:
†††††††††††† (4)† Where
the death of a worker results from an injury which occurs after
†††††††††††† (2)† Notwithstanding
section 4, subsection (1) shall be considered to have come into force on
††††††† 2. The regulations are amended by adding immediately after section 17 the following:
Compensation of surviving spouse
†† 17.1 (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
and after that, a surviving spouse may continue to receive compensation, if payable, according to the system of survivorís benefits applicable to the workerís fatality.
†††††††††††† (2)† The minimum compensation payable shall be equivalent to $200 per week less
†††††††††††† (a)† the gross weekly value of a survivorís pension payable to the surviving spouse under the Canada Pension Plan or the Quebec Pension Plan; and
†††††††††††† (b)† the gross weekly value of a survivorís pension payable to the surviving spouse under an employer-sponsored pension plan that is registered with and certified by the Superintendent of Pensions under the Pensions Benefits Act, 1997 or equivalent federal, provincial or territorial legislation.
†††††††††††† (3)† The amount payable to a surviving spouse under this section may be reviewed and adjusted to reflect changes in the survivorís 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 survivorís pensions referred to in subsection (2).
†††††††††††† (5)† Notwithstanding subsection (1), a surviving spouse shall not be entitled to the minimum compensation if
†††††††††††† (a)† he or she was only eligible for lump sum compensation in respect of the death of a worker; or
†††††††††††† (b)† his or her periodic compensation was terminated for reasons other than the date of birth or age of the surviving spouse, the worker or his or her dependent children.
Commission to pay expenses
†† 17.2 Notwithstanding subsection 17(6), where a worker dies on or after
††††††† 3. Section 23 of the regulations is amended by adding immediately after the row referring to industrial disease and associated process number 29 the following:
††††††† 4. These regulations shall be considered to have
come into force on
©Earl G. Tucker, Queen's Printer