Search Results | Previous (in doc) | Next (in doc) | Prev Doc | Next Doc
Qp Date
This Act has "Not in Force" sections. See the Table of Legislative Changes.

Workers Compensation Act

[RSBC 1996] CHAPTER 492

[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.]

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 11 Repealed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 25.1 Repealed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 25.3 Repealed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