1993 Legislative Session: 2nd Session, 35th Parliament
The following electronic version is for informational purposes only.
The printed version remains the official version.
HONOURABLE MOE SIHOTA
MINISTER OF LABOUR AND CONSUMER
SERVICES AND MINISTER RESPONSIBLE
FOR CONSTITUTIONAL AFFAIRS
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
1 Section 1 of the Workers Compensation Act, R.S.B.C. 1979, c. 437, is amended
(a) by adding the following definition:
"president" means the president and chief executive officer appointed under section 84; ,
(b) in paragraph (c) of the definition of "worker" by striking out "an employer specified in section 2 (1) (f)" and substituting "a municipality, an urban area, an improvement district or a regional district under the Municipal Act, a board of school trustees, a library board, a parks board, the city of Vancouver or a board or commission having the management or conduct of work or services on behalf of a municipality, urban area, improvement district, regional district, board of school trustees, library board, parks board or the city of Vancouver", and
(c) in paragraph (f) of the definition of "worker" by striking out "section 3 (3)" and substituting "section 2 (2)".
2 Sections 2 and 3 (1) to (3) are repealed and the following substituted:
2 (1) This Part applies to all employers, as employers, and all workers in British Columbia except employers or workers exempted by order of the board.
(2) The board may direct that this Part applies on the terms specified in the board's direction
(a) to an independent operator who is neither an employer nor a worker as though the independent operator was a worker, or
(b) to an employer as though the employer was a worker.
(3) The application of this Part under subsection (2) to an employer does not exempt the employer, as an employer, from the application of this Part.
3 Section 10 (9) is amended by striking out "section 3 (3)" and substituting "section 2 (2)".
4 Section 17 (2) is amended by striking out "or the silicosis fund,".
5 Section 19 (1) and (2) is repealed and the following substituted:
(1) In this subsection and subsections (2) and (2.1) "former subsection" means the section 19 (1) that came into force on April 17, 1985;
"interest" means interest calculated at a rate and in a manner set by the board for the purposes of this section;
"monthly payments" mean monthly payments under this Act to a widow, widower, former common law wife or former common law husband of a deceased worker;
"person" does not include a widow or former common law wife of a deceased worker if the widow or former common law wife remarried or entered into a new common law relationship before April 17, 1985.
(2) A person whose monthly payments were discontinued by application of the former subsection is entitled to
(a) monthly payments beginning on the later of
(i) the expiry of the 2 year period for which payment was made under the former subsection, or
(ii) the repeal of the former subsection,
(b) the amount, if any, by which, during the period from April 17, 1985 to the beginning of monthly payments under paragraph (a), the total amount of compensation described by section 17 that the person would have received if the former subsection had not been in force exceeds the sum paid to the person under the former subsection, and
(c) interest on any amount payable under paragraph (b).
(2.1) In calculating monthly payments for the purposes of subsection (2), adjustments shall be deemed to have been made under section 25 for the months the former subsection was in force.
6 Section 25 (5) is amended by striking out "sections 2 (1) (c) and" and substituting "section".
7 Section 41 is repealed.
8 Section 75 (5) is amended by striking out "chairman" and substituting "president".
9 Section 79 is amended by repealing the definition "president".
10 Section 82 (a) (iv) is amended by striking out "and of the silicosis fund referred to in section 41".
11 Section 96 (6) (a) is amended by striking out ", 40 or 41" and substituting "or 40".
12 Section 102 is amended by striking out "are by section 2 excluded" and substituting "are exempted under section 2".
13 Schedule A is repealed.
14 This Act comes into force by regulation of the Lieutenant Governor in Council.
SECTION 1: amends the definitions applicable to the Workers Compensation Act as a consequence of amendments being made by sections 2 and 8 of this Bill.
SECTION 2: expands coverage under Part 1 of the Act to all workers and employers, but subject to exemption by the board, and re-enacts the independent operator and employer provisions of section 3 (3) of the Act as section 2 (2).
SECTION 3: amends section 10 (9) of the Act as a consequence of the amendments made by section 2 of this Bill.
SECTION 4: amends section 17 (2) of the Act as a consequence of the amendment made by section 7 of this Bill.
SECTION 5: reinstates monthly survivors' payments to those disentitled under old section 19 (1) of the Act, since April 17, 1985, when the Canadian Charter of Rights and Freedoms came into force, and provides for payments denied to persons by old section 19 (1) since that date.
SECTION 6: amends section 25 (5) of the Act as a consequence of the amendments made by section 2 of this Bill.
SECTION 7: repeals section 41 of the Act that established the silicosis fund.
SECTION 8: amends section 75 (5) to reflect current structure of the Workers Compensation Board.
SECTION 9: amends section 79 of the Act as a consequence of the amendments made by sections 1 and 8 of this Bill.
SECTION 10: amends section 82 (a) (iv) of the Act as a consequence of the repeal by section 7 of this Bill of section 41 of the Act.
SECTION 11: amends section 96 (6) (a) of the Act as a consequence of the repeal by section 7 of this Bill of section 41 of the Act.
SECTION 12: amends section 102 of the Act as a consequence of the amendments made by section 2 of this Bill.
SECTION 13: repeals Schedule A of the Act as a consequence of the repeal of old section 2 (1) (b) of the Act.
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