Workplace Safety and Insurance Act, 1997

PART I INTERPRETATION

1 The purpose of this Act is to accomplish the following in a financially responsible and accountable manner: 1. To promote health and safety in workplaces. 2. To facilitate the return to work and recovery of workers who sustain personal injury arising out of and in the course of employment or who suffer from an occupational disease. 3. To facilitate the re-entry into the labour market of workers and spouses of deceased workers. 4. To provide compensation and other benefits to workers and to the survivors of deceased workers. 1997, c. 16, Sched. A, s. 1; 1999, c. 6, s. 67 (1); 2005, c. 5, s. 73 (1); 2011, c. 11, s. 19. Section Amendments with date in force (d/m/y) 1999, c. 6, s. 67 (1) - 01/03/2000 2005, c. 5, s. 73 (1) - 09/03/2005 2011, c. 11, s. 19 - 01/04/2012

2 (1) In this Act, “accident” includes, (a) a wilful and intentional act, not being the act of the worker, (b) a chance event occasioned by a physical or natural cause, and (c) disablement arising out of and in the course of employment; (“accident”) “Appeals Tribunal” means the Workplace Safety and Insurance Appeals Tribunal; (“Tribunal d’appel”) “attorney” means a person authorized under a power of attorney for property given under the Substitute Decisions Act, 1992; (“procureur”) “Board” means the Workplace Safety and Insurance Board; (“Commission”) “child” means a child within the meaning of subsection 1 (1) of the Family Law Act; (“enfant”) “construction” means any of the industries listed in Class G of Schedule 1; (“construction”) “dependants” means such of the following persons as were wholly or partly dependent upon the worker’s earnings at the time of his or her death or who, but…

2.1 (1) A provision of this Act or the regulations under it, or a decision or policy made under this Act or the regulations under it, that requires or authorizes a distinction because of age applies despite sections 1 and 5 of the Human Rights Code. 2005, c. 29, s. 7. Same (2) Subsection (1) applies with necessary modifications to any predecessor to this Act or the regulations under it, or any decision or policy made under such an Act or regulation. 2005, c. 29, s. 7. Same (3) Subsections (1) and (2) apply even if the facts in respect of which the requirement or distinction is made occurred before the day on which this section comes into force. 2005, c. 29, s. 7. Section Amendments with date in force (d/m/y) 2005, c. 29, s. 7 - 12/12/2005

2.2 For the purposes of this Act, a worker who receives medical assistance in dying is deemed to have died as a result of the injury or disease for which the worker was determined to be eligible to receive medical assistance in dying in accordance with paragraph 241.2 (3) (a) of the Criminal Code (Canada). 2017, c. 7, s. 6 (2). Section Amendments with date in force (d/m/y) 2017, c. 7, s. 6 (2) - 10/05/2017 Part II (ss. 3-10) Repealed: 2011, c. 11, s. 20.

3 Repealed: 2011, c. 11, s. 20. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 20 - 01/04/2012

4 Repealed: 2011, c. 11, s. 20. Section Amendments with date in force (d/m/y) 2008, c. 20, s. 2 - no effect - see 2011, c. 11, s. 20 - 01/04/2012 2010, c. 16, Sched. 9, s. 2 - 25/10/2010 2011, c. 11, s. 20 - 01/04/2012

5-7 Repealed: 2011, c. 11, s. 20. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 20 - 01/04/2012

8 Repealed: 2011, c. 11, s. 20. Section Amendments with date in force (d/m/y) 2010, c. 15, s. 248 (1) - no effect - see 2011, c. 11, s. 20 - 01/04/2012 2011, c. 11, s. 20 - 01/04/2012

9 Repealed: 2011, c. 11, s. 20. Section Amendments with date in force (d/m/y) 2011, c. 11, s. 20 - 01/04/2012

10 Repealed: 2011, c. 11, s. 20. Section Amendments with date in force (d/m/y) 1997, c. 16, Sched. A, s. 10 (2) - no effect - see 2011, c. 11, s. 20 - 01/04/2012 2011, c. 11, s. 20 - 01/04/2012

PART III INSURANCE PLAN

Insured Employment, Injuries and Diseases

11 (1) The insurance plan applies to every worker who is employed by a Schedule 1 employer or a Schedule 2 employer However, it does not apply to workers who are, (a) persons whose employment by an employer is of a casual nature and who are employed otherwise than for the purposes of the employer’s industry; or (b) persons to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in the person’s own home or on other premises not under the control or management of the person who gave out the articles or materials. 1997, c. 16, Sched. A, s. 11 (1). Exception (2) Subject to sections 12 and 12.2, the insurance plan does not apply to workers who are executive officers of a corporation. 1997, c. 16, Sched. A, s. 11 (2); 2008, c. 20, s. 3. Section Amendments with date in force (d/m/y) 2008, c. 20, s. 3 - 01/01/2013 Op…

12 (1) Any of the following persons may apply to the Board for a declaration that he or she is deemed to be a worker to whom the insurance plan applies: 1. An independent operator who carries on business in an industry included in Schedule 1 or Schedule 2, other than construction. 2. A sole proprietor who carries on business in an industry included in Schedule 1 or Schedule 2, other than construction. 3. A partner in a partnership that carries on business in an industry included in Schedule 1 or Schedule 2, other than construction. 2008, c. 20, s. 4. Exception, construction (2) Despite paragraph 3 of subsection (1), a partner in a partnership that carries on business in construction may make an application under subsection (1) for a declaration that he or she is deemed to be a worker to whom the insurance plan applies for any period of time during which the partner is not deemed to be a …

12.1 In sections 12.2, 12.3 and 182.1, “independent operator” means, (a) an individual who, (i) does not employ any workers, (ii) reports himself or herself as self-employed for the purposes of an Act or regulation of Ontario, Canada or another province or territory of Canada, and (iii) is retained as a contractor or subcontractor by more than one person during the time period set out in a Board policy, or (b) an individual who is an executive officer of a corporation that, (i) does not employ any workers other than the individual, and (ii) is retained as a contractor or subcontractor by more than one person during the time period set out in a Board policy. 2008, c. 20, s. 4; 2011, c. 1, Sched. 7, s. 3 (1, 2). Section Amendments with date in force (d/m/y) 2008, c. 20, s. 4 - 01/01/2013 2011, c. 1, Sched. 7, s. 3 (1, 2) - 01/01/2013 Compulsory insurance — construction

12.2 (1) The following persons are deemed to be workers to whom the insurance plan applies: 1. Every independent operator carrying on business in construction. 2. Every sole proprietor carrying on business in construction. 3. Except as otherwise provided by the regulations, every partner in a partnership carrying on business in construction. 4. Except as otherwise provided by the regulations, every executive officer of a corporation carrying on business in construction. 2008, c. 20, s. 4. Deemed employer (2) When a person is deemed to be a worker under subsection (1), the independent operator, sole proprietor, partnership or corporation, as the case may be, is deemed to be the employer for the purposes of the insurance plan. 2008, c. 20, s. 4. Payment in advance (3) The Board may require the employer to pay in advance all or part of any premiums payable in respect of the person. 2008, c.…

12.3 (1) Every independent operator carrying on business in construction shall register with the Board within 10 days after becoming such an independent operator. 2008, c. 20, s. 4. Same (2) Every sole proprietor who carries on business in construction and does not employ any workers shall register with the Board within 10 days after becoming such a sole proprietor. 2008, c. 20, s. 4. Same (3) Every partner in a partnership that carries on business in construction and does not employ any workers shall register with the Board within 10 days after becoming such a partner unless the partner is not subject to subsections 12.2 (1) to (4). 2008, c. 20, s. 4. Information (4) A person who registers with the Board under this section shall, when registering and at such other times as the Board may require, make and file with the Board a declaration containing such information as the Board may requ…

13 (1) A worker who sustains a personal injury by accident arising out of and in the course of his or her employment is entitled to benefits under the insurance plan. 1997, c. 16, Sched. A, s. 13 (1). Presumptions (2) If the accident arises out of the worker’s employment, it is presumed to have occurred in the course of the employment unless the contrary is shown. If it occurs in the course of the worker’s employment, it is presumed to have arisen out of the employment unless the contrary is shown. 1997, c. 16, Sched. A, s. 13 (2). Exception, employment outside Ontario (3) Except as provided in sections 18 to 20, the worker is not entitled to benefits under the insurance plan if the accident occurs while the worker is employed outside of Ontario. 1997, c. 16, Sched. A, s. 13 (3). Mental stress (4) Subject to subsection (5), a worker is entitled to benefits under the insurance plan for ch…

13.1 (1) The rules set out in subsections (2) to (9) apply for the purposes of determining entitlement to benefits under subsection 13 (4). 2017, c. 34, Sched. 45, s. 2. New claim (2) If a worker’s mental stress occurs on or after April 29, 2014 and the worker has not filed a claim in respect of entitlement to benefits for mental stress before January 1, 2018, the worker or the worker’s survivor may file a claim for entitlement to benefits for mental stress with the Board and the Board shall decide the claim in accordance with subsection 13 (4) as it reads at the time the Board makes its decision. 2017, c. 34, Sched. 45, s. 2. No refiling of claims (3) Subject to subsection (9), if a worker filed a claim for entitlement to benefits for mental stress and the claim was denied by the Board or by the Appeals Tribunal before January 1, 2018, the worker may not refile the claim under this sect…

14 (1) In this section, “ambulance service” has the same meaning as in subsection 1 (1) of the Ambulance Act; (“service d’ambulance”) “ambulance service manager” means a worker employed in an ambulance service who manages or supervises one or more paramedics and whose duties include providing direct support to paramedics dispatched by a communications officer on a request for ambulance services; (“chef de service d’ambulance”) “band council” means a council of the band as defined in subsection 2 (1) of the Indian Act (Canada); (“conseil de bande”) “communications officer” means a communications officer for the purposes of the Ambulance Act; (“agent de répartition”) “correctional institution” means a correctional institution as defined in section 1 of the Ministry of Correctional Services Act or a similar institution operated for the custody of inmates; (“établissement correctionnel”) Not…

15 (1) This section applies if a worker suffers from and is impaired by an occupational disease that occurs due to the nature of one or more employments in which the worker was engaged. Entitlement to benefits (2) The worker is entitled to benefits under the insurance plan as if the disease were a personal injury by accident and as if the impairment were the happening of the accident. Presumption re causation (3) If, before the date of the impairment, the worker was employed in a process set out in Schedule 3 and if he or she contracts the disease specified in the Schedule, the disease is presumed to have occurred due to the nature of the worker’s employment unless the contrary is shown. Causation of disease (4) If, before the date of the impairment, the worker was employed in a process set out in Schedule 4 and if he or she contracts the disease specified in the Schedule, the disease sh…

15.1 (1) If a worker is prescribed under clause (8) (a) and sustains an injury to the heart in circumstances prescribed under clause (8) (c), the injury is presumed to be a personal injury arising out of and in the course of the worker’s employment as a firefighter or fire investigator, unless the contrary is shown. 2007, c. 3, s. 2. Time of injury (2) The presumption in subsection (1) applies only to injuries sustained on or after January 1, 1960. 2007, c. 3, s. 2. Injuries sustained before 1998 (3) Where the presumption in subsection (1) applies in relation to an injury to the heart sustained by a worker before January 1, 1998, the rights of the worker or his or her survivor shall, subject to the presumption, be determined in accordance with Part IX. 2007, c. 3, s. 2. Occupational disease (4) If a worker is prescribed under clause (8) (a) and suffers from and is impaired by a disease p…

15.2 (1) This section applies if, (a) a regulation under section 15.1 is made or amended and, as a result, a presumption established under section 15.1 applies to an injury sustained by a worker or to a disease with which a worker is diagnosed; or (b) a presumption established under subsection 15.1 (4.1), (4.3), (4.5) or (4.7) applies to a disease with which a worker is diagnosed. 2024, c. 3, Sched. 4, s. 2; 2024, c. 19, Sched. 6, s. 3; 2024, c. 41, Sched. 6, s. 2. New claims (2) If the worker or his or her survivor never filed a claim in respect of the injury or disease, the worker or his or her survivor may file a claim with the Board, and the Board shall decide the claim in accordance with section 15.1 and the regulations under it, as that section and those regulations read at the time the Board makes its decision. 2007, c. 3, s. 2. Refiled claims (3) Subject to subsection (4), if the…

16 An agreement between a worker and his or her employer to waive or to forego any benefit to which the worker or his or her survivors are or may become entitled under the insurance plan is void. 1997, c. 16, Sched. A, s. 16.

17 If an injury is attributable solely to the serious and wilful misconduct of the worker, no benefits shall be provided under the insurance plan unless the injury results in the worker’s death or serious impairment. 1997, c. 16, Sched. A, s. 17.

18 (1) This section applies if the accident happens while the worker is employed outside of Ontario, if the worker resides and is usually employed in Ontario and if the employer’s place of business is in Ontario. Outside Ontario less than six months (2) The worker is entitled to benefits under the insurance plan if the employment outside of Ontario has lasted less than six months. Same, six months or more (3) Upon the application of the employer, the Board may declare that the insurance plan applies to a worker whose employment outside of Ontario lasts or is likely to last six months or more. 1997, c. 16, Sched. A, s. 18.

19 (1) A worker who resides outside of Ontario is entitled to benefits under the insurance plan if his or her employer’s place of business is in Ontario, the worker’s usual place of employment is in Ontario and the accident happens while the worker is employed outside of Ontario for a temporary purpose connected with the worker’s employment. Same, non-Ontario employer (2) If the accident happens outside of Ontario, the employer’s place of business is outside of Ontario and the worker is entitled to compensation under the law of the place where the accident happens, the worker is entitled to benefits under the insurance plan only if the worker’s place of employment is in Ontario and the accident happens while the worker is employed outside of Ontario for a casual or incidental purpose connected with the worker’s employment. Same, on a vessel (3) If the accident happens outside of Ontario …

20 (1) This section applies if a worker is entitled to benefits under the insurance plan relating to an accident and is also entitled to compensation under the laws of another jurisdiction in respect of the accident regardless of where the accident occurs This section also applies with necessary modifications if the worker’s survivors are so entitled. Same (2) The worker shall elect whether to receive benefits under the insurance plan or to receive compensation under the laws of the other jurisdiction and shall notify the Board of the option elected. If the worker is employed by a Schedule 2 employer, the worker shall also notify the employer. Deadline for electing (3) The election must be made within three months after the accident occurs or, if the accident results in death, within three months after the date of death. However, the Board may permit the election to be made within a long…

Notice of Accident and Claim for Benefits

21 (1) An employer shall notify the Board within three days after learning of an accident to a worker employed by him, her or it if the accident necessitates health care or results in the worker not being able to earn full wages. Same (2) The notice must be on a form approved by the Board and the employer shall give the Board such other information as the Board may require from time to time in connection with the accident. Failure to comply (3) An employer who fails to comply with this section shall pay the prescribed amount to the Board. This payment is in addition to any penalty imposed by a court for an offence under subsection 152 (3). Copy to worker (4) The employer shall give a copy of the notice to the worker at the time the notice is given to the Board. 1997, c. 16, Sched. A, s. 21. Claim for benefits

22 (1) A worker shall file a claim as soon as possible after the accident that gives rise to the claim, but in no case shall he or she file a claim more than six months after the accident or, in the case of an occupational disease, after the worker learns that he or she suffers from the disease. Same, survivor (2) A survivor who is entitled to benefits as a result of the death of a worker shall file a claim as soon as possible after the worker’s death, but in no case shall he or she file a claim more than six months after the worker’s death. Extension of time (3) The Board may permit a claim to be filed after the six-month period expires if, in the opinion of the Board, it is just to do so. Form and contents (4) A claim must be on a form approved by the Board and must be accompanied by such information and documents as the Board may require. Consent re functional abilities (5) When filin…

22.1 (1) No employer shall take any action, including but not limited to the prohibited actions set out in subsection (2), in respect of a worker with the intent of, (a) discouraging or preventing the worker from filing a claim for benefits under section 22; or (b) influencing or inducing the worker to withdraw or abandon a claim for benefits made under section 22. 2015, c. 34, Sched. 3, s. 1. Same (2) For the purposes of subsection (1), the following actions are prohibited: 1. Dismissing or threatening to dismiss a worker. 2. Disciplining or suspending, or threatening to discipline or suspend a worker. 3. Imposing a penalty upon a worker. 4. Directly or indirectly intimidating or coercing a worker with threats, promises, persuasion or other means. 2015, c. 34, Sched. 3, s. 1. Administrative penalty (3) An employer who contravenes subsection (1) shall pay the prescribed amount to the Boa…

22.2 (1) No employer shall make a false or misleading statement or representation to the Board in connection with any person’s claim for benefits under the insurance plan. 2025, c. 13, Sched. 7, s. 1. Administrative penalty (2) An employer who contravenes subsection (1) shall pay the prescribed amount to the Board. This payment is in addition to any penalty imposed by a court for an offence under subsection 149 (1). 2025, c. 13, Sched. 7, s. 1. Section Amendments with date in force (d/m/y) 2025, c. 13, Sched. 7, s. 1 - 27/11/2025

23 (1) A person receiving benefits under the insurance plan or who may be entitled to do so shall give the Board such information as the Board may require from time to time in connection with the person’s claim. Effect of non-compliance (2) If the person fails to comply with subsection (1), the Board may reduce or suspend payments to him or her while the non-compliance continues. Notice of material change in circumstances (3) A person receiving benefits under the insurance plan or who may be entitled to do so shall notify the Board of a material change in circumstances in connection with the entitlement within 10 days after the material change occurs. 1997, c. 16, Sched. A, s. 23.

Wages and Employment Benefits

24 (1) The employer shall pay a worker who is entitled to benefits under the insurance plan his or her wages and employment benefits for the day of the injury as if the accident had not occurred. Payment by Board (2) If the employer fails to comply with subsection (1), the Board shall pay the wages and employment benefits to or on behalf of the worker. Failure to comply (3) If the employer fails to comply with subsection (1), the employer shall pay to the Board a sum equal to the wages and employment benefits owing under that subsection. This requirement is in addition to any other penalty imposed on the employer or liability of the employer for the failure to comply. 1997, c. 16, Sched. A, s. 24.

25 (1) Throughout the first year after a worker is injured, the employer shall make contributions for employment benefits in respect of the worker when the worker is absent from work because of the injury However, the contributions are required only if, (a) the employer was making contributions for employment benefits in respect of the worker when the injury occurred; and (b) the worker continues to pay his or her contributions, if any, for the employment benefits while the worker is absent from work. 1997, c. 16, Sched. A, s. 25 (1). Failure to comply (2) If the employer fails to comply with subsection (1), (a) the employer is liable to the worker for any loss the worker suffers as a result of the failure to comply; and (b) the Board may levy a penalty on the employer not exceeding the amount of one year’s contributions for employment benefits in respect of the worker. 1997, c. 16, Sche…

Rights of Action

26 (1) No action lies to obtain benefits under the insurance plan, but all claims for benefits shall be heard and determined by the Board. 1997, c. 16, Sched. A, s. 26 (1). Benefits in lieu of rights of action (2) Entitlement to benefits under the insurance plan is in lieu of all rights of action (statutory or otherwise) that a worker, a worker’s survivor or a worker’s spouse, child or dependant has or may have against the worker’s employer or an executive officer of the employer for or by reason of an accident happening to the worker or an occupational disease contracted by the worker while in the employment of the employer. 1997, c. 16, Sched. A, s. 26 (2); 1999, c. 6, s. 67 (6); 2005, c. 5, s. 73 (6). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 67 (6) - 01/03/2000 2005, c. 5, s. 73 (6) - 09/03/2005

27 (1) Sections 28 to 31 apply with respect to a worker who sustains an injury or a disease that entitles him or her to benefits under the insurance plan and to the survivors of a deceased worker who are entitled to benefits under the plan. 1997, c. 16, Sched. A, s. 27 (1). Same (2) If a worker’s right of action is taken away under section 28 or 29, the worker’s spouse, child, dependant or survivors are, also, not entitled to commence an action under section 61 of the Family Law Act. 1997, c. 16, Sched. A, s. 27 (2); 1999, c. 6, s. 67 (7); 2005, c. 5, s. 73 (7). Section Amendments with date in force (d/m/y) 1999, c. 6, s. 67 (7) - 01/03/2000 2005, c. 5, s. 73 (7) - 09/03/2005

28 (1) A worker employed by a Schedule 1 employer, the worker’s survivors and a Schedule 1 employer are not entitled to commence an action against the following persons in respect of the worker’s injury or disease: 1. Any Schedule 1 employer. 2. A director, executive officer or worker employed by any Schedule 1 employer. Same, Schedule 2 employer (2) A worker employed by a Schedule 2 employer and the worker’s survivors are not entitled to commence an action against the following persons in respect of the worker’s injury or disease: 1. The worker’s Schedule 2 employer. 2. A director, executive officer or worker employed by the worker’s Schedule 2 employer. Restriction (3) If the workers of one or more employers were involved in the circumstances in which the worker sustained the injury, subsection (1) applies only if the workers were acting in the course of their employment. Exception (4)…

29 (1) This section applies in the following circumstances: 1. In an action by or on behalf of a worker employed by a Schedule 1 employer or a survivor of such a worker, any Schedule 1 employer or a director, executive officer or another worker employed by a Schedule 1 employer is determined to be at fault or negligent in respect of the accident or the disease that gives rise to the worker’s entitlement to benefits under the insurance plan. 2. In an action by or on behalf of a worker employed by a Schedule 2 employer or a survivor of such a worker, the worker’s Schedule 2 employer or a director, executive officer or another worker employed by the employer is determined to be at fault or negligent in respect of the accident or the disease that gives rise to the worker’s entitlement to benefits under the insurance plan. Same (2) The employer, director, executive officer or other worker is …

30 (1) This section applies when a worker or a survivor of a deceased worker is entitled to benefits under the insurance plan with respect to an injury or disease and is also entitled to commence an action against a person in respect of the injury or disease. 1997, c. 16, Sched. A, s. 30 (1). Election (2) The worker or survivor shall elect whether to claim the benefits or to commence the action and shall notify the Board of the option elected. 1997, c. 16, Sched. A, s. 30 (2). Same (3) If the worker is or was employed by a Schedule 2 employer, the worker or survivor shall also notify the employer. 1997, c. 16, Sched. A, s. 30 (3). Same (4) The election must be made within three months after the accident occurs or, if the accident results in death, within three months after the date of death. 1997, c. 16, Sched. A, s. 30 (4). Same (5) The Board may permit the election to be made within a …

31 (1) A party to an action or an insurer from whom statutory accident benefits are claimed under section 268 of the Insurance Act may apply to the Appeals Tribunal to determine, (a) whether, because of this Act, the right to commence an action is taken away; (b) whether the amount that a person may be liable to pay in an action is limited by this Act; or (c) whether the plaintiff is entitled to claim benefits under the insurance plan. Same (2) The Appeals Tribunal has exclusive jurisdiction to determine a matter described in subsection (1). Finality of decision (3) A decision of the Appeals Tribunal under this section is final and is not open to question or review in a court. Claim for benefits (4) Despite subsections 22 (1) and (2), a worker or survivor may file a claim for benefits within six months after the tribunal’s determination under subsection (1). Extension of time (5) The Boa…

PART IV HEALTH CARE

32 In this Part, “health care” means, (a) professional services provided by a health care practitioner, (b) services provided by or at hospitals and health facilities, (c) drugs, (d) the services of an attendant, (e) modifications to a person’s home and vehicle and other measures to facilitate independent living as in the Board’s opinion are appropriate, (f) assistive devices and prostheses, (g) extraordinary transportation costs to obtain health care, (h) such measures to improve the quality of life of severely impaired workers as, in the Board’s opinion, are appropriate. 1997, c. 16, Sched. A, s. 32.

33 (1) A worker who sustains an injury is entitled to such health care as may be necessary, appropriate and sufficient as a result of the injury and is entitled to make the initial choice of health professional for the purposes of this section. Arrangements for health care (2) The Board may arrange for the worker’s health care or may approve arrangements for his or her health care. The Board shall pay for the worker’s health care. Same (3) The Board may establish such fee schedules for health care as it considers appropriate. Penalty for late billing (4) If the Board does not receive a bill for health care within such time as the Board may specify, the Board may reduce the amount payable for the health care by such percentage as the Board considers an appropriate penalty. Prohibition (5) No health care practitioner shall request a worker to pay for health care or any related service prov…

34 (1) A worker who claims or is receiving benefits under the insurance plan shall co-operate in such health care measures as the Board considers appropriate. Failure to comply (2) If the worker fails to comply with subsection (1), the Board may reduce or suspend payments to the worker under the insurance plan while the non-compliance continues. 1997, c. 16, Sched. A, s. 34.

35 (1) Upon the request of the Board, a worker who claims or is receiving benefits under the insurance plan shall submit to a health examination by a health professional selected and paid for by the Board. Failure to comply (2) If the worker fails to comply with subsection (1) or obstructs the examination without reasonable cause or excuse, the Board may reduce or suspend payments to the worker under the insurance plan while the non-compliance or obstruction continues. 1997, c. 16, Sched. A, s. 35.

36 (1) Upon the request of his or her employer, a worker who claims or is receiving benefits under the insurance plan shall submit to a health examination by a health professional selected and paid for by the employer. Objection (2) Despite subsection (1), the worker may object to undergoing the examination or to the nature and extent of the examination requested by the employer. The worker shall notify the employer of his or her objection. Request to Board (3) Within 14 days after receiving the worker’s objection, the employer may request that the Board direct the worker to submit to the examination and, if necessary, that the Board determine the nature and extent of the examination. Decision final (4) A decision of the Board under this section is final and is not appealable to the Appeals Tribunal. Failure to comply (5) If the worker does not comply with a direction of the Board made u…

37 (1) Every health care practitioner who provides health care to a worker claiming benefits under the insurance plan or who is consulted with respect to his or her health care shall promptly give the Board such information relating to the worker as the Board may require. Same (2) Every hospital or health facility that provides health care to a worker claiming benefits under the insurance plan shall promptly give the Board such information relating to the worker as the Board may require. Report re functional abilities (3) When requested to do so by an injured worker or the employer, a health professional treating the worker shall give the Board, the worker and the employer such information as may be prescribed concerning the worker’s functional abilities. The required information must be provided on the prescribed form. Confidentiality of report (4) Neither an employer nor an employer’s …

38 (1) At the time an injury occurs, the injured worker’s employer shall provide transportation for the worker (if the worker needs it) to a hospital or a physician located within a reasonable distance or to the worker’s home The employer shall pay for the transportation. Failure to comply (2) If the employer fails to comply with subsection (1), the Board may order the employer to pay for any transportation obtained by or on behalf of the worker or provided by the Board. 1997, c. 16, Sched. A, s. 38.

39 (1) The Board may pay to repair or replace a worker’s assistive device or prosthesis if it is damaged as a result of an accident in the worker’s employment. Eligibility for benefits (2) If the worker is unable to work because of the damage to his or her assistive device or prosthesis, the worker is entitled to benefits under the insurance plan as if the inability to work had been caused by a personal injury. Allowance (3) If the Board pays for an assistive device or prosthesis, the Board may upon request give the worker an annual allowance to repair or replace clothing that is worn or damaged because of it. 1997, c. 16, Sched. A, s. 39.

PART V RETURN TO WORK

40 (1) The employer of an injured worker shall co-operate in the early and safe return to work of the worker by, (a) contacting the worker as soon as possible after the injury occurs and maintaining communication throughout the period of the worker’s recovery and impairment; (b) attempting to provide suitable employment that is available and consistent with the worker’s functional abilities and that, when possible, restores the worker’s pre-injury earnings; (c) giving the Board such information as the Board may request concerning the worker’s return to work; and (d) doing such other things as may be prescribed. 1997, c. 16, Sched. A, s. 40 (1). Same, worker (2) The worker shall co-operate in his or her early and safe return to work by, (a) contacting his or her employer as soon as possible after the injury occurs and maintaining communication throughout the period of the worker’s recover…

41 (1) The employer of a worker who has been unable to work as a result of an injury and who, on the date of the injury, had been employed continuously for at least one year by the employer shall offer to re-employ the worker in accordance with this section. 1997, c. 16, Sched. A, s. 41 (1). Exception (2) This section does not apply in respect of employers who regularly employ fewer than 20 workers or such classes of employers as may be prescribed. 1997, c. 16, Sched. A, s. 41 (2). Determinations re return to work (3) The Board may determine the following matters on its own initiative or shall determine them if the worker and the employer disagree about the fitness of the worker to return to work: 1. If the worker has not returned to work with the employer, the Board shall determine whether the worker is medically able to perform the essential duties of his or her pre-injury employment o…

42 (1) The Board shall provide a worker with a labour market re-entry assessment if any of the following circumstances exist: 1. If it is unlikely that the worker will be re-employed by his or her employer because of the nature of the injury. 2. If the worker’s employer has been unable to arrange work for the worker that is consistent with the worker’s functional abilities and that restores the worker’s pre-injury earnings. 3. If the worker’s employer is not co-operating in the early and safe return to work of the worker. 1997, c. 16, Sched. A, s. 42 (1). Labour market re-entry plan (2) Based on the results of the assessment, the Board shall decide if a worker requires a labour market re-entry plan in order to enable the worker to re-enter the labour market and reduce or eliminate the loss of earnings that may result from the injury. 1997, c. 16, Sched. A, s. 42 (2). Suitable employment …

PART VI insured payments

Compensation

43 (1) A worker who has a loss of earnings as a result of the injury is entitled to payments under this section beginning when the loss of earnings begins. The payments continue until the earliest of, (a) the day on which the worker’s loss of earnings ceases; (b) the day on which the worker reaches 65 years of age, if the worker was less than 63 years of age on the date of the injury; (c) two years after the date of the injury, if the worker was 63 years of age or older on the date of the injury; (d) the day on which the worker is no longer impaired as a result of the injury. 1997, c. 16, Sched. A, s. 43 (1). Amount (2) Subject to subsections (2.1), (2.2), (3) and (4), the amount of the payments is 85 per cent of the difference between, (a) the worker’s net average earnings before the injury; and (b) the net average earnings that the worker earns or is able to earn in suitable and availa…

44 (1) Every year or if a material change in circumstances occurs, the Board may review payments to a worker for loss of earnings and may confirm, vary or discontinue the payments. 1997, c. 16, Sched. A, s. 44 (1). No review after 72-month period (2) Subject to subsection (2.1), the Board shall not review the payments more than 72 months after the date of the worker’s injury. 2002, c. 18, Sched. J, s. 5 (5). Exception (2.1) The Board may review the payments more than 72 months after the date of the worker’s injury if, (a) before the 72-month period expires, the worker fails to notify the Board of a material change in circumstances or engages in fraud or misrepresentation in connection with his or her claim for benefits under the insurance plan; (b) the worker was provided with a labour market re-entry plan and the plan is not completed when the 72-month period expires; (c) after the 72-m…

45 (1) This section applies with respect to a worker who is receiving payments under the insurance plan for loss of earnings. However, it does not apply with respect to a worker who was 64 years of age or older on the date of the injury. 1997, c. 16, Sched. A, s. 45 (1). Amount set aside (2) If a worker has received payments for loss of earnings for 12 continuous months, the Board shall set aside for him or her an amount equal to 5 per cent of every subsequent payment to him or her for loss of earnings. (Payments made under section 65 to another person shall be deemed to have been made to the worker.) 1997, c. 16, Sched. A, s. 45 (2). Contribution by worker (3) If amounts are being set aside for a worker under subsection (2), he or she may elect to contribute an amount equal to 5 per cent of every payment to him or her for loss of earnings. The election is irrevocable and must be in writ…

46 (1) If a worker’s injury results in permanent impairment, the worker is entitled to compensation under this section for his or her non-economic loss. 1997, c. 16, Sched. A, s. 46 (1). Amount (2) The amount of the compensation is calculated by multiplying the percentage of the worker’s permanent impairment from the injury (as determined by the Board) and, (a) $59,095.26 plus $1,313.71 for each year by which the worker’s age at the time of the injury was less than 45; or (b) $59,095.26 less $1,313.71 for each year by which the worker’s age at the time of the injury was greater than 45. However, the maximum amount to be multiplied by the percentage of the worker’s impairment is $85,359.27 and the minimum amount is $32,831.21. 1997, c. 16, Sched. A, s. 46 (2); 2017, c. 8, Sched. 33, s. 4 (1). Lump sum or monthly payment (3) If the worker becomes entitled to compensation under this section…

47 (1) If a worker suffers permanent impairment as a result of the injury, the Board shall determine the degree of his or her permanent impairment expressed as a percentage of total permanent impairment. 1997, c. 16, Sched. A, s. 47 (1). Same (2) The determination must be made in accordance with the prescribed rating schedule (or, if the schedule does not provide for the impairment, the prescribed criteria) and, (a) having regard to medical assessments, if any, conducted under this section; and (b) having regard to the health information about the worker on file with the Board. 1997, c. 16, Sched. A, s. 47 (2). Medical assessment (3) The Board may require a worker to undergo a medical assessment after he or she reaches maximum medical recovery. 1997, c. 16, Sched. A, s. 47 (3). Selection of physician (4) The worker shall select a physician from a roster maintained by the Board to perform…

48 (1) This section applies when a worker’s death results from an injury for which the worker would otherwise have been entitled to benefits under the insurance plan. 1997, c. 16, Sched. A, s. 48 (1). Spouse lump sum payment (2) A surviving spouse who was cohabiting with the worker at the time of the worker’s death is entitled to payment of a lump sum of $80,673.30, (a) plus $2,016.83 for each year by which the spouse’s age on the date of the worker’s death is less than 40; or (b) minus $2,016.83 for each year by which the spouse’s age at the date of the worker’s death is greater than 40. However, the maximum amount payable under this subsection is $121,009.87 and the minimum amount is $40,336.60. 1997, c. 16, Sched. A, s. 48 (2); 1999, c. 6, s. 67 (10); 2005, c. 5, s. 73 (9); 2017, c. 8, Sched. 33, s. 5 (1). Periodic payment to spouse, no children (3) If the deceased worker is survived …

48.1 (1) This section applies to payments payable under section 48 as a result of a worker’s injury that occurred on or after January 1, 1998. 2015, c. 34, Sched. 3, s. 2. Determination of average earnings (2) Despite section 53 and the minimum amounts set out in subsections 48 (3), (14) and (15), for the purpose of determining amounts payable under section 48, the Board may, in such circumstances as it considers appropriate, determine the amount of a deceased worker’s average earnings taking into account the average earnings at the time of the worker’s injury of a person engaged in the same trade, occupation, profession or calling as the worker was engaged in and out of which the worker’s injury arose. 2015, c. 34, Sched. 3, s. 2. Reconsideration of Board decision (3) Despite section 121, if, before the day the Employment and Labour Statute Law Amendment Act, 2015 receives Royal Assent,…

Annual Adjustments

49 (1) Subject to subsection (2), on January 1 of every year, an indexing factor shall be calculated that is equal to the amount of the percentage change in the Consumer Price Index for Canada for all items, for the 12-month period ending on October 31 of the previous year, as published by Statistics Canada. 2015, c. 38, Sched. 23, s. 2. Same, minimum (2) The indexing factor calculated under subsection (1) shall not be less than 0 per cent. 2015, c. 38, Sched. 23, s. 2. Application (3) The indexing factor applies with respect to the calculation of all amounts payable under this Part. 2015, c. 38, Sched. 23, s. 2. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 41, s. 5 - 01/07/2007 2015, c. 38, Sched. 23, s. 2 - 01/01/2018

50 Repealed: 2015, c. 38, Sched. 23, s. 3. Section Amendments with date in force (d/m/y) 2015, c. 38, Sched. 23, s. 3 - 01/01/2018

51 (1) On January 1 every year, the amounts set out in this Act (as adjusted on the preceding January 1) shall be adjusted by the amount of the indexing factor described in subsection 49 (1). 1997, c. 16, Sched. A, s. 51 (1); 2015, c. 38, Sched. 23, s. 4 (1). (1.1) Repealed: 2015, c. 38, Sched. 23, s. 4 (2). Exceptions (2) Subsection (1) does not apply with respect to the amounts established in subsection 158 (1). 1997, c. 16, Sched. A, s. 51 (2); 2000, c. 26, Sched. I, s. 1 (10). Payments made prior to 2018 (2.1) Any payments made before January 1, 2018 that were calculated using an amount set out in this Act that was required to be adjusted in accordance with this section, as it read on December 31, 2017, but that was instead adjusted in accordance with the alternate indexing factor described in subsection 50 (1), as it read on December 31, 2017, are not invalid solely on the ground th…

52 On January 1 every year, the Board shall adjust the amounts payable under this Part by applying the indexing factor to the amounts payable as adjusted on the preceding January 1. 2015, c. 38, Sched. 23, s. 5. Section Amendments with date in force (d/m/y) 2007, c. 7, Sched. 41, s. 7 (1, 2) - 01/07/2007 2015, c. 38, Sched. 23, s. 5 - 01/01/2018

52.0.1 (1) If an additional indexing factor is prescribed for the purposes of this section, on the prescribed date, the Board shall, (a) adjust the amounts that were adjusted under subsection 51 (1) and section 52 by the prescribed additional indexing factor; or (b) if the amounts that were adjusted under subsection 51 (1) and section 52 were previously adjusted by a prescribed additional indexing factor in the same calendar year, adjust the amounts previously adjusted by the most recently prescribed additional indexing factor. 2024, c. 3, Sched. 4, s. 3. Same, January 1 (2) If the date prescribed for the purposes of subsection (1) is January 1, the Board may add the prescribed additional indexing factor to the indexing factor described in subsection 49 (1) and apply them to the amounts to be adjusted in a single calculation. 2024, c. 3, Sched. 4, s. 3. Same, new claims (3) If the date p…

52.1 (1) Nothing in sections 51 and 52 entitles a person to claim additional compensation under this Act for any period before January 1, 2018. 2015, c. 38, Sched. 23, s. 5. Same, adjustments (2) Nothing in sections 51 and 52 authorizes the Board to adjust amounts payable to a person under this Act for any period before January 1, 2018. 2015, c. 38, Sched. 23, s. 5.