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      This Act is current to June 17, 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 and 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 1Scope of Act
      Division 1Interpretation
      1Definitions
      Division 2Scope of OHS Provisions
      2General application of OHS provisions
      3Exceptions from application — mines and industrial camps
      Division 3Scope 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 4Liability 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 2Occupational Health and Safety
      Division 1Interpretation and Purposes
      13Definitions in relation to OHS provisions
      14Purposes of OHS provisions
      15Review of OHS provisions and regulations
      16Relationship with compensation provisions
      Division 2Board Mandate
      17Board mandate under OHS provisions
      18Cooperation agreements and arrangements
      Division 3Board Jurisdiction
      19Exclusive jurisdiction of Board in relation to OHS provisions
      20Board authority to change previous decisions
      Division 4General 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 5Joint 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 6Worker 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 7Information 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 8Certification 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 9Variance 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 10Employer 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 11Board 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
      82Employer must post inspection reports
      Division 12Enforcement
      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 13Offences
      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
      105Penalties to be paid into accident fund
      Division 14General Matters
      106Court orders for access
      107Costs of investigations, inspections and other services
      108Collection by assessment or judgment
      Division 15Regulations 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 3Workers' Compensation System
      Division 1General 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 2Board 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 3Legal 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 4Compensation to Injured Workers and Their Dependants
      Division 1Compensation 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 2Compensation in Relation to Work Outside British Columbia
      147Injuries happening outside British Columbia
      148Election if compensation available under law of other place
      Division 3Reporting 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 4Vocational 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 5Compensation 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 6Compensation 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 7Worker'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 8Average 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 9Transitional 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 10Compensation 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 5Accident Fund and Employer Assessment
      Division 1Accident 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 2Special Assessment Rules
      249Compensation charged to different employer class or subclass
      250Apportionment in other circumstances
      251Levy of contribution from specific employer
      Division 3Collection of Assessments
      252Assessment notice to employers
      253Assessment operates by Board notice
      254Annual adjustment of assessments
      255Interest may be charged on amounts owed on assessment
      256Collection after change in owners or employers
      257Collection from municipal contractors
      258Contractor and other liability for assessment
      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 6Review 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 7Appeals to Appeal Tribunal
      Division 1Appeal 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 2Appeal 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 3Appeal 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 4General
      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 8Workers' Compensation Board and General Matters
      Division 1Workers' 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 2Board 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 3Other 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 4Board 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 5Board 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 6Workers' 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
      最新亚洲色拍偷拍视频
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