An Act to Amend the Workers' Compensation Act
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 Subsection 38.2(6) of the English version of the Workers' Compensation Act, chapter W-13 of the Revised Statutes, 1973, is amended by striking out "Board" and substituting "Commission".
2 Section 38.7 of the English version of the Act is amended
(a) in subsection (1) by striking out "Board" and substituting "Commission";
(b) in subsection (3) by striking out "Board" and substituting "Commission";
(c) in subsection (4) by striking out "Board" and substituting "Commission".
3 Paragraph 38.8(3)(d) of the English version of the Act is amended by striking out "Board" and substituting "Commission".
4 Section 55 of the Act is amended by adding ", except for the funds levied and collected under section 79.2" after "one and indivisible".
5 The Act is amended by adding before the heading "INVESTMENT OF FUNDS" preceding section 80 the following:
79.2(1) One or more employer associations that are engaged in an industry to which this Act applies may request the Commission to designate an entity as a safety association for their industry and to provide financial assistance to that safety association.
79.2(2) An employer association that makes a request to the Commission under subsection (1) shall satisfy the Commission
(a) that a majority of the employers in the industry, as prescribed by regulation, supports the funding of the safety association through an additional levy on employers in the industry,
(b) that a primary objective and purpose of the safety association is the promotion of education and training in accident prevention in the industry in which the employers are engaged,
(c) that the safety association sufficiently represents the interests of employers, employer associations and workers in that industry in New Brunswick, and
(d) that the entity to be designated has been or will be incorporated before any financial assistance is provided by the Commission.
79.2(3) Where the Commission is satisfied that the requirements under subsection (2) have been met and that the majority of employers referred to in paragraph (2)(a) represents the minimum percentage of the total payroll subject to assessment in the industry, as prescribed by regulation, the Commission may designate an entity as a safety association and may provide financial assistance to the safety association for such time and in such amount as the Commission considers appropriate.
79.2(4) Where the Commission provides financial assistance to a safety association, the Commission may, from time to time, require the employer association or associations who requested the designation to satisfy the Commission that the requirements under paragraphs (2)(a) to (c) continue to be met, and may revoke the designation of the safety association if not so satisfied.
79.2(5) Financial assistance provided under subsection (3) shall be used for the purpose of assisting in the payment of expenses of the safety association related to the promotion of education and training in accident prevention in the industry.
79.2(6) The Commission may make the financial assistance subject to any terms and conditions it considers appropriate, including, without limitation, terms and conditions respecting the use of funds, reporting and the return of unused or misused funds.
79.2(7) Any money paid by the Commission under this section shall be levied against all employers in the industry represented by the safety association, and shall be calculated as a percentage of the individual assessment against each employer in the industry represented by the safety association, as imposed under section 54.
79.2(8) Money collected by the Commission under this section shall be accounted for separately in the Accident Fund, and the administrative expenses incurred by the Commission in collecting and distributing the levy shall be deducted from the money collected.
79.2(9) Sections 61, 67, 70, 72 and 73 apply with the necessary modifications to a levy under this section.
79.3(1) A safety association that receives financial assistance from the Commission shall operate in accordance with this section and the regulations.
79.3(2) The Commission shall monitor the operation of a safety association that receives financial assistance from the Commission and may conduct such audits as it considers necessary.
79.3(3) The Commission may direct a safety association that receives financial assistance from the Commission to take such actions as the Commission considers appropriate, and the governing body of the association shall comply with the direction.
79.3(4) If a safety association does not operate in accordance with section 79.2, this section and the regulations, or comply with the terms and conditions set by the Commission, the Commission may
(a) suspend or reduce its financial assistance while the non-compliance continues,
(b) cease to provide financial assistance, or
(c) take such other steps as it considers appropriate.
79.4 The Lieutenant-Governor in Council may make regulations
(a) respecting the information to be provided to the Commission by an employer association that makes a request under section 79.2,
(b) prescribing a majority for the purposes of paragraph 79.2(2)(a),
(c) prescribing the minimum percentage of total payroll subject to assessment in the industry for the purposes of subsection 79.2(3),
(d) respecting applications by a safety association for financial assistance,
(e) respecting conditions that must be met before a safety association receives financial assistance,
(f) respecting the information and plans to be provided to the Commission by a safety association that applies for financial assistance,
(g) respecting the terms and conditions on which financial assistance may be given to a safety association, and
(h) respecting reports to be provided by a safety association that receives financial assistance.
6 This Act comes into force on January 1, 2001.