BILL 8

An Act to Amend the Workplace Health, Safety and Compensation Commission Act

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

1 Section 8 of the Workplace Health, Safety and Compensation Commission Act, chapter W-14 of the Acts of New Brunswick, 1994, is amended

(a) by repealing paragraph (1)(e);

(b) by adding after subsection (1.1) the following:

8(1.2) The President and Chief Executive Officer of the Commission is, by virtue of his or her office, a non-voting member of the board of directors.

2 Section 21 of the Act is amended

(a) in subsection (1) by striking out "subsection (2)" and substituting "subsections (1.1) and (2)";

(b) by adding after subsection (1) the following:

21(1.1) An appeal under paragraph (1)(a) or (b) ofany decision, order or ruling made on or after June 1, 2001, shall be made no later than one year after the decision, ruling or order, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.

21(1.2) An application under subsection (1.1) may be made before or after the expiration of the limitation period prescribed in subsection (1.1).

3 The Act is amended by adding after section 25 the following:

Certificates

25.1(1) A certificate purporting to be signed by the President and Chief Executive Officer of the Commission

(a) setting out the substance of any order, ruling or decision of the Commission, or

(b) setting out information from any books, records, documents or files of the Commission in the form of an extract or description

shall, in the absence of evidence to the contrary, be admitted in evidence as proof of the facts stated in it without proof of the appointment, authority or signature of the person signing it.

25.1(2) A certificate referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has, before the trial or other proceeding, given to the person against whom it is to be produced, reasonable notice of the party's intention, together with a copy of the certificate.

25.1(3) A person against whom a certificate referred to in subsection (1) is produced may, with leave of the court, require the attendance of the President and Chief Executive Officer for the purpose of cross-examination.

4 This Act comes into force on January 1, 2001.