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Fourth Session, 44th General Assembly 51 Elizabeth II, 2002 |
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BILL 11 |
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AN ACT TO AMEND THE WORKPLACE HEALTH, SAFETY AND COMPENSATION ACT |
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Received and Read the First Time |
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Second Reading |
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Committee |
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Third Reading |
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Royal Assent |
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HONOURABLE ANNA THISTLE Minister of Labour |
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Ordered to be printed by the Honourable House of Assembly |
EXPLANATORY NOTES Clause 1 of the Bill would amend subsection 89(1) of the Workplace Health, Safety and Compensation Act to clarify that it is an employer's duty to pay workers for work performed during a worker's early and safe return to work. Clause 1 of the Bill would also amend section 89 of the Act to provide a method for calculating compensation for workers who are being paid by their employers during their early and safe return to work. The commission would be required to pay 80% of the worker's pre injury net earnings less the net earnings the worker receives from the employer. Clause 2 of the Bill would provide that these changes are considered to have come into effect on January 1, 2002.
A BILL AN ACT TO AMEND THE WORKPLACE HEALTH, SAFETY AND COMPENSATION ACT Analysis 1. S.89 Amdt. 2. Commencement Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: RSNL1990 cW-11 1. (1) Subsection 89(1) of the Workplace Health, Safety and Compensation Act is amended by adding immediately after paragraph (b) the following: (b.1) paying the worker for work performed where the worker returns to employment provided by the employer under paragraph (b); (2) Section 89 of the Act is amended by adding immediately after subsection (2) the following: (2.1) Notwithstanding paragraph 73(1)(c) and section 74, where a an employer provides employment to a worker during the period of the worker's recovery that does not restore the worker's pre-injury earnings, the commission shall pay to the worker 80% of the worker's average weekly net earnings at the commencement of his or her loss of earnings resulting from the injury, subject to the maximum prescribed amount under subsection 80(8), less the weekly net earnings the worker receives from the employer calculated using the deductions in paragraph 2(1)(v). Commencement 2. This Act is considered to have come into force on January 1, 2002. ©Earl G. Tucker, Queen's Printer |