Qp Date
This Act has "Not in Force" sections. See the Table of Legislative Changes.

[Note: the dollar amounts shown in sections 3, 17, 18, 22, 29, 33 (5), 35, 73, 75, 77, 196 and 217 may not reflect the current consumer price index adjustments referred to in section 25.2, and the maximum wage rate shown in section 33 (10) may not be current. Current information may be found on the Workers' Compensation Board website at www.worksafebc.com/regulation_and_policy/policy_decision/consumer_price_index_adjustments/default.asp or may be obtained by calling your WorkSafeBC regional office.]

Workers Compensation Act

[RSBC 1996] CHAPTER 492

Contents
1Definitions
Part 1 — Compensation to Workers and Dependants
 Division 1 — Scope of this Part
2Application
3Extending application
4Fishing industry
 Division 2 — Compensation
5Compensation for personal injury
5.1Mental disorder
6Occupational disease
6.1Firefighters' occupational disease presumption
6.2 Emergency Intervention Disclosure Act
7Loss of hearing
8Injuries happening out of Province
8.1Interjurisdictional agreements and arrangements by the Board
9Election
10Limitation of actions, election and subrogation
11Repealed
12Worker who is minor is sui juris
13Compensation cannot be waived
14No contribution from workers
15Compensation not assignable or liable to attachment
16Vocational rehabilitation
 Division 3 — Scale of Compensation
17Compensation in fatal cases
18Addition to payments
19Surviving spouse of a deceased worker
19.1Period for making payments under sections 17 to 19
20Proof of existence of dependants
21Health care
22Permanent total disability
23Permanent partial disability or disfigurement
23.1Period of payment for total or partial disability
23.2Retirement benefits
23.3Payment of retirement benefits
23.4Handling of money to be paid as retirement benefit
23.5Retirement services and supports
24Reconsidering benefits
25General indexing factor
25.1Repealed
25.2Variation of dollar amounts
25.3Repealed
26Transitional
27Transitional
28Publish in Gazette
29Temporary total disability
30Temporary partial disability
31Maximum compensation
31.1Termination of periodic payments
32Recurrence of disability
33Average earnings
33.1General rule for determination of average earnings
33.2Exception to section 33.1 (2) – apprentice or learner
33.3Exception to section 33.1 (2) — employed less than 12 months
33.4Exception to section 33.1 (2) — exceptional circumstances
33.5Exception to section 33.1 — casual worker
33.6Exception to section 33.1 — person with coverage under section 2 (2)
33.7Exception to section 33.1 — person without earnings
33.8Determination of average net earnings — initial period of injury
33.9Determination of average net earnings — long term injury
33.91Schedule or procedure for determining average net earnings
34Deduction from compensation in certain cases
35Manner of payment of compensation
35.1Transitional
35.2Transitional — death of worker
 Division 4 — Accident Fund and Assessments
36Accident fund
37Classification of industries
38Employer to furnish estimate of payrolls
39Assessment for accident fund
40Assessment by notice
41Repealed
42Classification of rates
43Power to vary rates
44Temporary industries
45Collection of assessments by suit or summarily
46Power to restrain industry where default
47Penalty for default in payment or return
48Class accounts
49Adjustment of assessments
50Collection from contractors
51Contractor liability
52Priority as to amounts due Board
 Division 5 — Procedure and Miscellaneous
53Worker's notification of injury
54Employer's notification of injury
55Application for compensation
56Duty of physician or practitioner
57Worker to submit to examination
57.1Obligation to provide information
58Repealed
59–62Repealed
63Repealed
64–66Repealed
67Accounting and investment of excess funds
68Audit
69Annual report
70–72Repealed
73Levy from employer to cover amount of compensation
74Repealed
75Orders
76Effective date of regulations
77General penalty
78Penalties
 Division 6 — Workers' Compensation Board
79Repealed
80Board
81Board of directors
82Powers and duties of board of directors
82.1Service plans
83Meetings
83.1Repealed
84Standard of care of the directors
84.1President
85–85.2Repealed
86Staff
87Witnesses
88Inquiry
89–93Repealed
94Workers' advisers and employers' advisers
94.1Lay advocates
95Secrecy
96Jurisdiction of Board
96.1Repealed
96.2Request for reviews
96.3Who may request review
96.4Conduct of review
96.5Reconsideration
96.6Delegation of chief review officer's powers and duties
97Statutory powers
98Discontinuance or suspension of payments
99Board decision-making
100Costs
101Repealed
Part 2 — Liability of Employers in Industries Not Within the Scope of Part 1
102Application
103Liability of employer
104Common law rules abrogated
105Contributory negligence to be considered
Part 3 — Occupational Health and Safety
 Division 1 — Interpretation and Purposes
106Definitions
107Purposes of Part
108Application of Part
109Review of Part and regulations
110Relationship with Part 1
 Division 2 — Board Mandate
111Board's mandate under this Part
112Annual report
113Board jurisdiction under this Part
114Cooperation agreements
 Division 3 — General Duties of Employers, Workers and Others
115General duties of employers
116General duties of workers
117General duties of supervisors
118Coordination at multiple-employer workplaces
119General duties of owner
120General duties of suppliers
121Duties of directors and officers of a corporation
122General obligations are not limited by specific obligations
123Persons may be subject to obligations in relation to more than one role
124Responsibility when obligations apply to more than one person
 Division 4 — Joint Committees and Worker Representatives
125When a joint committee is required
126Variations in committee requirements
127Membership of joint committee
128Selection of worker representatives
129Selection of employer representatives
130Duties and functions of joint committee
131Joint committee procedure
132Assistance in resolving disagreements within committee
133Employer must respond to committee recommendations
134Time from work for meetings and other committee functions
135Educational leave
136Other employer obligations to support committee
137Committee reports
138Employer must post committee information
139Worker health and safety representative
140Participation of worker representative in inspections
 Division 5
141–149Not in force
 Division 6 — Prohibition Against Discriminatory Action
150Actions that are considered discriminatory
151Discrimination against workers prohibited
152Complaint by worker against discriminatory action or failure to pay wages
153Response to complaint
 Division 7 — Information and Confidentiality
154Posting of information
155Occupational health and safety information summary
156Information that must be kept confidential
157Information that must be provided in a medical emergency
 Division 8 — Miscellaneous Authority
158Regulations in relation to hazardous and other substances
159Certification and training of first aid attendants and instructors
160Installation and maintenance of required first aid equipment
161Medical monitoring programs
162Medical certification requirements
163Certification and training of blasters
 Division 9 — Variance Orders
164Board may authorize variances
165Effective period for variance order
166Application for variance
167Notice of application
168Consultation on application
169Decision on application
170Legal effect of variance
171Regulations review must consider variance history
 Division 10 — Accident Reporting and Investigation
172Immediate notice of certain accidents
173Incidents that must be investigated
174Investigation process
175Incident investigation report
176Follow-up action and report
177Employer or supervisor must not attempt to prevent reporting
 Division 11 — Inspections, Investigations and Inquiries
178Application of Division
179Authority to conduct inspections
180Officer must produce credentials on request
181Restrictions on access to private residences
182Representation on inspection
183Employer must post inspection reports
184Person being questioned is entitled to have another person present
185Limited authority to seize evidence without warrant
186Assistance on inspection
 Division 12 — Enforcement
187General authority to make orders
188Contents and process for orders
189Notice of variation or cancellation
190Orders to stop using or supplying unsafe equipment, etc.
191Orders to stop work
192Effect of orders on workers
193Posting of orders by officer
194Compliance reports
195Suspension or cancellation of certificates
196Administrative penalties
197Repealed
198Court injunction
 Division 13 and 14
199–212Repealed
 Division 15 — Offences
213Offence to contravene Part, regulation or order
214Limits on prosecutions
215Defence of due diligence
216Additional defence for workers
217General penalties
218Additional penalty to reclaim monetary benefit
219Additional powers on sentencing
220Penalties to be paid into accident fund
 Division 16 — General
221Service of orders and other documents
222Court orders for access
223Collection by assessment or judgment
 Division 17 — Regulations
224Cabinet regulations
225Board regulations
226Notice and consultation before Board makes regulation
227When Board regulation comes into force
228Ongoing review of Board regulations
229Minister may direct Board to consider amendment
230Authority and application of regulations generally
Part 4 — Appeals
 Division 1 — Appeal Tribunal
231Definitions
232Appeal tribunal established
233End of appointment
234Role of chair
235Appeal tribunal staff
236Compensation and expenses of members
237Finances
238Panels
 Division 2 — Appeal Rights
239Appeal of review decisions
240Appeal of other Board decisions
241Who may appeal
242How to appeal
243Time limit for appeal
244No stay of appealed decision
244.1Appeal rights to workers for decisions pre-dating 2004 amendments
 Division 3 — Appeal Procedure
245Board records and policies
245.1Application of Administrative Tribunals Act to appeal tribunal proceedings
246Proceedings
246.1Evidence admissible in appeal tribunal proceedings
247Witnesses
248Deemed employer
249Health professional assistance
250Appeal tribunal decision-making
251Application of policies of board of directors
252Suspension of appeal proceedings
253Decision
253.1Amendment to final decision
 Division 4 — General
254Exclusive jurisdiction
255Appeal tribunal decision or action final
256Reconsideration of appeal decision
257Certification to court
258Payment of compensation
259Payment of interest
260Confidentiality obligation
Schedule A
Schedule B
Schedule C
Schedule D