Bill 128 2013

An Act to amend the Workplace Safety and Insurance Act, 1997 with respect to permanent partial disability supplements

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  Section 110 of the Workplace Safety and Insurance Act, 1997 is amended by adding the following subsections:

Same

   (6)  Paragraph 4 of subsection 147 (16) of the pre-1997 Act shall be deemed to be repealed.

Same

   (7)  Paragraph 4 of subsection 147 (17) of the pre-1997 Act shall be deemed to be repealed.

Decision of Board

   (8)  If the Board has made a decision under subsection 147 (16) or (17) of the pre-1997 Act before the day section 1 of the Workplace Safety and Insurance Amendment Act (Permanent Partial Disability Supplements), 2013 comes into force, the worker to whom the decision relates may request that the Board reconsider and decide the claim, and subsections (6) and (7) apply with respect to the Board's decision.

Decision of Appeals Tribunal

   (9)  If the Appeals Tribunal has made a decision regarding a Board decision under subsection 147 (16) or (17) of the pre-1997 Act before the day section 1 of the Workplace Safety and Insurance Amendment Act (Permanent Partial Disability Supplements), 2013 comes into force, the worker to whom the decision relates may request that the Appeals Tribunal refer the decision back to the Board to decide the claim, and subsections (6) and (7) apply with respect to the Board's decision.

Pending claim

   (10)  If a claim under section 147 of the pre-1997 Act is pending before the Board on the day section 1 of the Workplace Safety and Insurance Amendment Act (Permanent Partial Disability Supplements), 2013 comes into force, the Board shall, where applicable, decide the claim, and subsections (6) and (7) apply with respect to the Board's decision.

Pending appeal

   (11)  If an appeal in respect of section 147 of the pre-1997 Act is pending on the day section 1 of the Workplace Safety and Insurance Amendment Act (Permanent Partial Disability Supplements), 2013 comes into force, the worker to whom the decision relates may request that the Appeals Tribunal refer the decision back to the Board, and the Board shall, where applicable, decide the claim, and subsections (6) and (7) apply with respect to the Board's decision.

Commencement

   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Workplace Safety and Insurance Amendment Act (Permanent Partial Disability Supplements), 2013.

EXPLANATORY NOTE

The Bill amends section 110 of the Workplace Safety and Insurance Act, 1997 so that any pension a worker is eligible for under the Old Age Security Act (Canada) does not reduce the worker's permanent partial disability benefits for pre-1985 and pre-1989 injuries under the pre-1997 Act.