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This Act is current to October 28, 2020
See the Tables of Legislative Changes for this Act’s legislative history, including any changes not in force.

Workers Compensation Act

[RSBC 2019] CHAPTER 1

Deposited with Clerk of the Legislative Assembly on August 23, 2019

[Note: the dollar amounts shown in sections 94, 95, 102, 167, 169, 170 to 175, 191, 194, 208, 213, 225, 231, 236, 251, and 349 may not reflect the current consumer price index adjustments referred to in section 333, and the maximum wage rate shown in section 209 (2) and 227 may not be current.

Current information may be found on the Workers' Compensation Board website at www.worksafebc.com/en/law-policy/claims-rehabilitation/claims-related-consumer-price-index or may be obtained by calling your WorkSafeBC regional office.]

Contents
Part 1 — Scope of Act
Division 1 — Interpretation
1Definitions
Division 2 — Scope of OHS Provisions
2General application of OHS provisions
3Exceptions from application — mines and industrial camps
Division 3 — Scope of Compensation Provisions
4General application of compensation provisions
5Extending application: public interest undertakings
6Extending application: vocational or training programs
7Extending application: work study and other programs
8Application to fishing industry
Division 4 — Liability of Employers in Industries Not Within the Scope of Compensation Provisions
9Application of this Division
10Legal actions against employer
11Legal actions in relation to work done under contract
12Override and application of common law rules
Part 2 — Occupational Health and Safety
Division 1 — Interpretation and Purposes
13Definitions in relation to OHS provisions
14Purposes of OHS provisions
15Review of OHS provisions and regulations
16Relationship with compensation provisions
Division 2 — Board Mandate
17Board mandate under OHS provisions
18Cooperation agreements and arrangements
Division 3 — Board Jurisdiction
19Exclusive jurisdiction of Board in relation to OHS provisions
20Board authority to change previous decisions
Division 4 — General Duties of Employers, Workers and Others
21General duties of employers
22General duties of workers
23General duties of supervisors
24Coordination at multiple-employer workplaces
25General duties of owners
26General duties of suppliers
27Duties of directors and officers of a corporation
28General obligations are not limited by specific obligations
29Person may be subject to obligations in relation to more than one role
30Responsibility when obligations apply to more than one person
Division 5 — Joint Committees and Worker Representatives
31General requirement for employer to establish joint committee
32Variations in committee requirements
33Membership of joint committee
34Selection of worker representatives
35Selection of employer representatives
36Duties and functions of joint committee
37Joint committee procedure
38Board assistance in resolving disagreements within committee
39Employer must respond to committee recommendations
40Time from work for meetings and other committee functions
41Educational leave for committee members
42Other employer obligations to support committee
43Committee reports
44Employer must post committee information
45Worker health and safety representative
46Participation of alternate for worker representative
Division 6 — Worker Protection in Relation to Prohibited Actions
47Prohibited action
48Worker protection from prohibited action
49Complaint by worker respecting prohibited action or failure to pay wages
50Response to complaint
Division 7 — Information Requirements
51Requirement to post information
52Occupational health and safety information summary
53Information that must be kept confidential
54Information that must be provided in a medical emergency
Division 8 — Certification and Other Specific Authorities
55Certification and training of first aid attendants and instructors
56Installation and maintenance of required first aid equipment
57Medical monitoring programs
58Medical certification requirements
59Certification and training of blasters
Division 9 — Variance Orders
60Board may authorize variances from regulations
61Effective period for variance order
62Application for variance
63Notice of application
64Consultation on application
65Decision on application
66Legal effect of variance
67Board regulations review must consider variance history
Division 10 — Employer Accident Reporting and Investigation
68Immediate notice of certain accidents
69Incidents that must be investigated
70Investigation process
71Preliminary investigation, report and follow-up action
72Full investigation, report and follow-up action
73Employer or supervisor must not attempt to prevent reporting
Division 11 — Board Inspections, Investigations and Inquiries
74Application of Division
75Authority to conduct inspections
76Restrictions on access to private residences
77Officer must produce credentials on request
78Representation on inspection
79Assistance on inspection
80Person being questioned is entitled to have another person present
81Limited authority to seize evidence without warrant
81.1Warrants — investigations
82Employer must post inspection reports
Division 12 — Enforcement
83Compliance agreements with employers
84General authority to make orders
85Other general matters relating to orders
86Posting of orders by officer
87Notice of variation or cancellation of order
88Order may require compliance reports
89Order to stop using or supplying unsafe equipment
90Stop-work orders
91Related stop-operation orders
92Restrictions on stop-work orders and stop-operation orders
93Effect of stop-work orders and stop-operation orders on workers
94Administrative penalties — OHS citations
95Administrative penalties — higher maximum amount
96Suspension or cancellation of certificates
97Court injunction on application of Board
Division 13 — Offences
98Offence to contravene OHS provision, regulation or order
99Limits on prosecutions
100Defence of due diligence
101Additional defence for workers
102General penalties
103Additional penalty to reclaim monetary benefit
104Additional powers on sentencing
104.1Court may consider victim impact statements
105Penalties to be paid into accident fund
Division 14 — General Matters
106Court orders for access
107Costs of investigations, inspections and other services
108Collection by assessment or judgment
Division 15 — Regulations for OHS and Other Purposes
109Lieutenant Governor in Council regulations
110Board regulations generally
111Board regulations in relation to hazardous and other substances
112Board regulations in relation to OHS citations
113Notice and consultation before Board makes regulation
114When Board regulation comes into force
115Ongoing review of Board regulations
116Minister may direct Board to consider changes to its regulations
117Authority and application of regulations generally
Part 3 — Workers' Compensation System
Division 1 — General Rules Respecting Compensation System
118No contribution from workers
119Compensation cannot be waived
120Compensation not assignable or liable to attachment
121Compensation for injured worker who is a minor
Division 2 — Board Jurisdiction and Other Authorities
122Exclusive jurisdiction of Board in relation to compensation provisions
123Board authority to reconsider previous decisions
124Board authority to set aside decision or order
125Board authority to reopen matter: recurrence of injury or significant change in medical condition
Division 3 — Legal Effect of Workers' Compensation System
126Definitions for purposes of this Division
127Limitation on legal proceedings against employers or workers
128Worker or dependant may bring action against other persons or elect to claim compensation under this Act
129Circumstances where compensation may be paid after action is settled
130Board has right of action if compensation is claimed
131Constraint on recovery if some fault attributable to employer or other worker
132Limitation on legal proceedings by employer of injured or deceased worker
133Amounts to be awarded in legal proceedings under this Division
Part 4 — Compensation to Injured Workers and Their Dependants
Division 1 — Compensation for Injury, Mental Disorder and Occupational Disease
134Compensation for personal injury or death
135Mental disorder
136Occupational disease: general compensation rules
137Schedule 1: presumption of occupational disease related to specified process or industry
138Board powers in relation to recognition of occupational diseases
139Firefighters: presumptions respecting heart injury and heart disease
140Firefighters: presumptions respecting lung cancer and other diseases
141Mining industry silicosis
142Lung disease from exposure to dust conditions
143Death of worker with occupational disease that impairs the lungs
144Communicable disease: presumption in relation to testing order
145Non-traumatic hearing loss
146Compensation if injury or disease superimposed on already existing disability
Division 2 — Compensation in Relation to Work Outside British Columbia
147Injuries happening outside British Columbia
148Election if compensation available under law of other place
Division 3 — Reporting of Injury or Disease and Process for Claiming Compensation
149Worker obligation to give notice of injury or disease to employer
150Employer obligation to report injury or disease to Board
151Application for compensation: form of application and time for making application
152Special circumstances: new evidence relating to occupational disease
153Worker has continuing obligation to provide information
154Worker obligation to comply with examination and treatment requirements
Division 4 — Vocational Rehabilitation, Health Care and Other Assistance
155Vocational rehabilitation and other assistance
156Health care for injured worker
157Board powers in relation to provision of health care
158Emergency care by physician or qualified professional
159Employer authority and obligations in relation to health care
160Health care by physician or qualified practitioner selected by worker
161Replacement, repair and provision of physical assistance items
162Retirement services and supports for workers with total disability
163Duties of physicians and qualified practitioners
164Obligations of health care service providers
Division 5 — Compensation in Relation to Death of Worker
165Definitions and other interpretation rules
166Payment towards funeral and related expenses
167Lump sum payment to dependent spouse or foster parent
168Compensation payable to dependants of deceased worker
169Dependent spouse who is 50 years of age or older or is incapable of earning, no dependent children
170Dependent spouse who is under 50 years of age and not incapable of earning, no dependent children
171Dependent spouse and one or more dependent children
172One or more dependent children but no dependent spouse
173Compensation to dependent parents in addition to spouse or children
174No dependent spouse or child: compensation to other dependants
175Compensation to persons other than dependants
176Compensation to foster parent and dependent children
177Apportionment between dependants
178Dependent spouse living apart from worker at the date of death
179Restriction on compensation to spouse living in marriage-like relationship
180Worker leaves more than one dependent spouse
181Change in circumstances: dependent spouse and dependent children — reduction in number of dependent children
182Change in circumstances: spouse ceases to have dependent children
183Change in circumstances: spouse and dependent children — spouse dies
184Change in circumstances: only dependent children — reduction in number of dependent children
185Change in circumstances: dependent spouse ceases to be incapable of earning
186Compensation in relation to the death of more than one worker
187Board authority in relation to dependent spouse who has impairment of earning capacity
188Proof of dependant status
189Board authority in relation to matters not otherwise dealt with
Division 6 — Compensation for Worker Disability
190Compensation subject to general rules
191Temporary total disability
192Temporary partial disability
193Recurrence of temporary disability more than 3 years after injury
194Permanent total disability
195Permanent partial disability: general rules
196Permanent partial disability: exception to general rules
197Permanent disability or increase in permanent disability occurring more than 3 years after injury
198Non-traumatic hearing loss: compensation where no resulting loss of earnings and compensation where earnings affected
199Permanent disfigurement
200Maximum compensation in the case of further disability
201Payment period for worker disability compensation
202Deductions in relation to Canada Pension Plan disability benefit
203Reconsideration of prescribed compensation claims
204Retirement benefit in relation to permanent disability
205Worker contributions to retirement benefit
206Payment of retirement benefit
207Board administration of money to be paid as retirement benefit
Division 7 — Worker's Average Earnings and Earning Capacity
208Determination of worker's average earnings and earning capacity
209Annual determination of maximum wage rate for average earnings
210Average earnings: short-term compensation
211Average earnings: long-term compensation
212Worker without earnings: short-term and long-term compensation
213Worker in public interest undertaking: short-term and long-term compensation
214Casual worker: short-term and long-term compensation
215Employer or independent operator with purchased coverage: short-term and long-term compensation
216Worker who is apprentice or learner: long-term compensation
217Worker employed for less than 12 months: long-term compensation
218Exceptional circumstances: long-term compensation
219Determination if multiple rules apply
Division 8 — Average Net Earnings of Worker
220Average net earnings: short-term compensation
221Average net earnings: long-term compensation
222Schedule or procedure for determining average net earnings
Division 9 — Transitional and Related Compensation Matters
223Periodic payments awarded before 1966 for permanent injury
224Workers receiving health care before April 1, 1972
225Compensation in relation to worker death before July 1, 1974
226Compensation in relation to hearing loss before September 1, 1975
227Compensation in relation to worker injury before January 1, 1986
228Compensation in relation to worker death before June 30, 2002
229Compensation in relation to worker injury before June 30, 2002
Division 10 — Compensation Payments and Other General Matters
230Manner of compensation payment: periodic or lump sum
231Payment of compensation in specific circumstances
232Board authority to discontinue, suspend or otherwise deal with compensation payments
233Deduction in relation to payments from employer
234Restriction on compensation in relation to injury or death from warlike actions
235Confidentiality obligations in relation to compensation claims information
236Penalties in relation to offences under the compensation provisions
237Additional Board authority for compensation orders, directives, rules and regulations
238Effective date of Board's compensation regulations
Part 5 — Accident Fund and Employer Assessment
Division 1 — Accident Fund and Assessments for Purposes of Fund
239Accident fund
240Board estimate of amounts needed for accident fund
241Annual employer assessments for accident fund purposes
242Additional assessment amounts
243General rules in relation to assessments
244Classification of industries
245Employer obligation to provide payroll estimates and reports
246Use of payroll information for purpose of assessment
247Variation of assessment rates
248Class accounts for accident fund
Division 2 — Special Assessment Rules
249Compensation charged to different employer class or subclass
250Apportionment in other circumstances
251Levy of contribution from specific employer
Division 3 — Collection of Assessments
252Assessment notice to employers
253Assessment operates by Board notice
254Annual adjustment of assessments
255Interest may be charged on amounts owed on assessment
255.1Demand on third party
255.2Failure to comply with demand
256Collection after change in owners or employers
257Collection from municipal contractors
258Contractor and other liability for assessment
258.1Director's liability
259Employer still liable if assessment not made
260Temporary industries — requirement for payment or security
261Penalty for default in payment or return
262Employer assessment in relation to injury not reported as required
263Employer payment for compensation provided during period of default
264Collection of assessments by legal action or certificate
265Priority as to amounts due to the Board
266Court order restraining industry if employer defaults
Part 6 — Review of Board Decisions
267Definitions in relation to reviews
268Requests for review
269Who may request a review
270Making request for a review
271General matters in relation to requests for review
272Conduct of review
273Reconsideration directed by chief review officer
274Delegation of chief review officer's powers and duties
275Payment of compensation following review
276Effect of review in relation to employer payment obligations
Part 7 — Appeals to Appeal Tribunal
Division 1 — Appeal Tribunal
277Definitions
278Appeal tribunal and membership
279End of appointment to appeal tribunal
280Role of appeal tribunal chair
281Delegation of chair's powers and duties
282Appeal tribunal staff
283Compensation and expenses of appeal tribunal members
284Finances for appeal tribunal administration and operation
285Appeal panels
286Annual report to minister
Division 2 — Appeal Rights
287Definitions in relation to appeals
288Review decisions that may be appealed
289Other Board decisions that may be appealed
290Who may appeal: matters related to OHS provisions
291Who may appeal: matters related to compensation provisions
292How to appeal
293Time limit for appeal
294General rule: appeal does not stay decision
Division 3 — Appeal Procedure
295Board provision of policies and records
296Application of Administrative Tribunals Act to appeal tribunal
297Appeal tribunal proceedings
298Evidence admissible in appeal tribunal proceedings
299Witnesses and production of information
300Deemed employer
301Health professional assistance to appeal tribunal
302Health professional assistance in specific cases
303Appeal tribunal decision making
304Application of policies of the board of directors
305Suspension of appeal proceedings pending Board decision
306Decision on appeal
307Amendment to final decision
Division 4 — General
308Exclusive jurisdiction of appeal tribunal
309Appeal tribunal decision or action final
310Reconsideration of appeal tribunal decision
311Request for appeal tribunal certification to court
312Payment of compensation following appeal
313Effect of appeal in relation to employer payment obligations
314Confidentiality obligations
315Regulations respecting this Part
Part 8 — Workers' Compensation Board and General Matters
Division 1 — Workers' Compensation Board and Board of Directors
316Workers' Compensation Board and its board of directors
317Voting directors
318Term of office and remuneration for voting directors
319Policies of the board of directors
320General responsibilities of the board of directors
321Meetings and other proceedings of the board of directors
322Standard of care obligations for directors
323Board president appointment and responsibilities
324Delegation by board of directors or president
Division 2 — Board Administration
325Annual service plan
326Annual report to minister
327Financial management
328Audit requirement
329Board may appoint officers and other employees
330Board must appoint review officers
331Superannuation fund
332Protection for Board, directors, officers and employees
Division 3 — Other Board Powers and Responsibilities
333Annual adjustment of dollar amounts referred to in Act
334Annual adjustment of periodic payment amounts
335Interjurisdictional agreements and arrangements
336Exercise of powers under federal Acts or agreements
337Information respecting Board activities
Division 4 — Board Practices, Procedures and Related Matters
338Board practices and procedures
339Board decision making
340Protection of Board proceedings
341Authority to act on advice of officers and persons conducting inquiries
342Authority to compel witnesses and production of evidence
343Authority to award costs in relation to contested matters
344Service of orders and other documents
345Alternative dispute resolution
Division 5 — Board Inquiry Powers
346General inquiry authority
347Examinations and other inquiries respecting employer information
348Oaths, affidavits and other declarations in relation to inquiries
349Confidentiality obligations in relation to inquiries
Division 6 — Workers' Advisers, Employers' Advisers and Other Assistance
350Workers' advisers and employers' advisers
351Role of workers' advisers
352Role of employers' advisers
353Information and confidentiality rules for advisers and staff
354Lay advocates
Schedule 1
Schedule 2
Revision Schedule 1 — Amendments to Revised Act
Revision Schedule 2 — Consequential Amendments to Other Acts