BILL 13 -- 1994: WORKERS COMPENSATION AMENDMENT ACT, 1994

1994 Legislative Session: 3rd Session, 35th Parliament
THIRD READING

The following electronic version is for informational purposes only.
The printed version remains the official version.

Certified correct as passed Third Reading on the 2nd day of June, 1994
Ian D. Izard, Law Clerk.

HONOURABLE DAN MILLER
MINISTER OF SKILLS,
TRAINING AND LABOUR

BILL 13 -- 1994

WORKERS COMPENSATION AMENDMENT ACT, 1994

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 The Workers Compensation Act, R.S.B.C. 1979, c. 437, is amended

(a) in sections 1, 6, 9, 11, 13, 25, 47, 53, 54, 55, 73 and 74 by striking out "industrial disease" wherever it appears and substituting "occupational disease",

(b) in sections 4, 71 and 73 by striking out "industrial diseases" wherever it appears and substituting "occupational diseases",

(c) in sections 1, 10, 21 and 56 (3), (4) and (5) by striking out "medical aid" wherever it appears and substituting "health care",

(d) in sections 3 (6) (a) and 5 (2) by striking out "medical aid" and substituting "a health care benefit",

(e) in section 6 (1) by striking out "Medical aid" and substituting "A health care benefit",

(f) in section 21 (6) by striking out "Medical aid" and substituting "Health care", and

(g) in section 56 (2) by striking out "aid" and substituting "health care".

2 Section 6 (6) is repealed.

3 Section 7 is amended by adding the following subsection:

(3.1) The board may make regulations to amend Schedule D in respect of

(a) the ranges of hearing loss,

(b) the percentages of disability, and

4 Section 8 (2) is repealed.

5 The following section is added:

Interjurisdictional agreements and arrangements by the board

8.1 (1) The board may enter into an agreement or make an arrangement with Canada, a province or the appropriate authority of Canada or a province to provide for

(a) compensation, rehabilitation and health care to workers in accordance with the standards established under this Act or corresponding legislation in other jurisdictions,

(b) administrative co-operation and assistance between jurisdictions in all matters under this Act and corresponding legislation in other jurisdictions, or

(2) An agreement or arrangement under subsection (1) may

(a) waive or modify a residence or exposure requirement for eligibility for compensation, rehabilitation or health care, or

(b) provide for payment to the appropriate authority of Canada or a province for compensation, rehabilitation costs, or health care costs paid by it.

6 Section 10 (8) is amended

(a) by striking out "scope of this Part;" and substituting "scope of this Part, or an independent operator to whom this Part applies by direction under section 2 (2) (a);",

(b) by striking out "care of an employer" and substituting "care of an employer or an independent operator to whom this Part applies by direction under section 2 (2) (a)", and

(c) by striking out "another employer arising out of an indemnity agreement or contract made between those employers." and substituting "another employer, or an independent operator to whom this Part applies by direction under section 2 (2) (a), arising out of their indemnity agreement or contract."

7 Section 19 is amended

(a) in subsection (1) by repealing the definition of "former subsection" and substituting the following:

"former subsection" means the section 19 (1) that came into force on April 17, 1985 or the section 19 (4) repealed in 1994; ,

(b) in subsection (2) by striking out "by application of the former subsection" and substituting "by application of a former subsection", and

(c) by repealing subsection (4).

8 Section 55 is amended

(a) in subsection (2) by striking out "subsection (3)." and substituting "subsections (3), (3.1), (3.2) and (3.3).", and

(b) by repealing subsection (3) and substituting the following:

(3) If the board is satisfied that there existed special circumstances which precluded the filing of an application within one year after the date referred to in subsection (2), the board may pay the compensation provided by this Part if the application is filed within 3 years after that date.

(3.1) The board may pay the compensation provided by this Part for the period commencing on the date the board received the application for compensation if

(a) the board is satisfied that special circumstances existed which precluded the filing of an application within one year after the date referred to in subsection (2), and

(b) the application is filed more than 3 years after the date referred to in subsection (2).

(3.2) The board may pay the compensation provided by this Part if

(a) the application arises from death or disablement due to an occupational disease,

(b) sufficient medical or scientific evidence was not available on the date referred to in subsection (2) for the board to recognize the disease as an occupational disease and this evidence became available on a later date, and

(c) the application is filed within 3 years after the date sufficient medical or scientific evidence as determined by the board became available to the board.

(3.3) The board may apply subsection (3.2) to an application in respect of a death or disablement from an occupational disease that the board previously considered since July 1, 1974 under the equivalent to this section.

Commencement

9 This Act comes into force by regulation of the Lieutenant Governor in Council.

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