[38] Bill 177 Original (PDF)
Bill 177 2006
An Act to amend the Workplace Safety and Insurance Act, 1997
Note: This Act amends the Workplace Safety and Insurance Act, 1997. For the legislative history of the Act, see Public Statutes - Detailed Legislative History on www.e-Laws.gov.on.ca.
Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:
1. (1) Clause 43 (2) (b) of the Workplace Safety and Insurance Act, 1997 is repealed and the following substituted:
(b) the net average earnings that he or she earns or is likely to be able to earn after the injury in suitable and available employment or business.
(2) Subsection 43 (4) of the Act is repealed and the following substituted:
Earnings after injury
(4) The Board shall determine the worker's earnings after the injury as being the earnings that the worker is likely to be able to earn from the employment or business that is suitable for the worker under section 42 and is available and,
(a) if the worker is provided with a labour market re-entry plan, the earnings shall be determined as of the date the worker completes the plan; or
(b) if the Board determines that the worker does not require a labour market re-entry plan, the earnings shall be determined as of the date this determination is made.
2. (1) Subsection 44 (2.1) of the Act is amended by striking out "or" at the end of clause (b) and by adding the following clauses:
(d) after the 72-month period expires, the worker suffers a significant temporary deterioration in his or her condition that is related to the worker's injury; or
(e) when the 72-month period expires, the worker and the employer are co-operating in the early and safe return to work of the worker in accordance with section 40.
(2) Section 44 of the Act is amended by adding the following subsections:
Time for review when cl. (2.1) (d) applies
(2.4.1) If clause (2.1) (d) applies, the Board may review the payments at such time during the period the worker is suffering a significant temporary deterioration as it may consider appropriate, and at the time the Board determines that the worker has recovered from the significant temporary deterioration.
Time for review when cl. (2.1) (e) applies
(2.4.2) If clause (2.1) (e) applies, the Board may review the payments up to 24 months after the date of the expiry of the 72-month period.
. . . . .
Same
(2.7) Clause (2.1) (d) applies to a worker who, on or after the day the Workplace Safety and Insurance Amendment Act, 2006 receives Royal Assent, suffered or is suffering a significant temporary deterioration in his or her condition.
Same
(2.8) Clause (2.1) (e) applies to a worker who, on or after the day the Workplace Safety and Insurance Amendment Act, 2006 receives Royal Assent, is co-operating with his or her employer in the worker's early and safe return to work on the date when the 72-month period expires.
. . . . .
Restriction
(7) No amount relating to an adjustment of a loss of earnings payment as a result of a provision in this section is payable in respect of a period before the provision came into force.
3. Subsection 107 (2) of the Act is amended by striking out "subsections 44 (1) to (2.6)" and substituting "subsections 44 (1) to (2.8)".
Commencement
4. This Act comes into force on the day it receives Royal Assent.
Short title
5. The short title of this Act is the Workplace Safety and Insurance Amendment Act, 2006.
EXPLANATORY NOTE
The Bill amends the Workplace Safety and Insurance Act, 1997.
Clause 43 (2) (b) and subsection 43 (4) of the Act are amended so the Workplace Safety and Insurance Board will consider employment or business positions which are both suitable and available to the worker when determining the worker's post injury earnings. Currently, the Act only requires the Board to consider suitable employment or business positions and not whether they are also available to the worker.
Subsection 44 (2.1) of the Act is amended to permit additional circumstances when the Board may review a worker's loss of earnings benefit after the 72 month lock-in.