2002 BILL 11

	11


Fourth Session, 44th General Assembly 51 Elizabeth II, 2002
BILL 11
AN ACT TO AMEND THE WORKPLACE HEALTH, SAFETY AND COMPENSATION ACT
Received and Read the First Time
Second Reading
Committee
Third Reading
Royal Assent
HONOURABLE ANNA THISTLE Minister of Labour
Ordered to be printed by the Honourable House of Assembly

EXPLANATORY NOTES

Clause 1 of the Bill would amend subsection 89(1) of the Workplace Health, Safety and Compensation Act to clarify that it is an employer's duty to pay workers for work performed during a worker's early and safe return to work.

Clause 1 of the Bill would also amend section 89 of the Act to provide a method for calculating compensation for workers who are being paid by their employers during their early and safe return to work. The commission would be required to pay 80% of the worker's pre injury net earnings less the net earnings the worker receives from the employer.

Clause 2 of the Bill would provide that these changes are considered to have come into effect on January 1, 2002.

A BILL

AN ACT TO AMEND THE WORKPLACE HEALTH, SAFETY AND COMPENSATION ACT
Analysis

1. S.89 Amdt.
Duty to co-operate in return to work

2. Commencement

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cW-11
as amended

1. (1) Subsection 89(1) of the Workplace Health, Safety and Compensation Act is amended by adding immediately after paragraph (b) the following:

(b.1) paying the worker for work performed where the worker returns to employment provided by the employer under paragraph (b);

(2) Section 89 of the Act is amended by adding immediately after subsection (2) the following:

(2.1) Notwithstanding paragraph 73(1)(c) and section 74, where a an employer provides employment to a worker during the period of the worker's recovery that does not restore the worker's pre-injury earnings, the commission shall pay to the worker 80% of the worker's average weekly net earnings at the commencement of his or her loss of earnings resulting from the injury, subject to the maximum prescribed amount under subsection 80(8), less the weekly net earnings the worker receives from the employer calculated using the deductions in paragraph 2(1)(v).

Commencement

2. This Act is considered to have come into force on January 1, 2002.