Workplace Safety and Insurance Act, 1997 S.O. 1997, CHAPTER 16

0,72
MB Schedule A

98
stron

25
ID Ministry of the Environment

2003
rok

CONTENTS

PART I

INTERPRETATION

1. Purpose

2. Definitions

PART II

INJURY AND DISEASE PREVENTION

3. Application

4. Functions of the Board

5. Advisory council

6. Safe workplace associations, etc.

7. Designated entities

8. Appointment of administrator

9. Fees

10. First aid requirements

PART III

INSURANCE PLAN

Insured Employment, Injuries and Diseases

11. Insured workers

12. Deemed workers (optional insurance)

13. Insured injuries

14. Restriction re chronic pain

15. Occupational diseases

16. No waiver of entitlement

17. Serious and wilful misconduct

18. Employment outside Ontario

19. Accident outside Ontario

20. Obligation to elect, concurrent entitlement outside Ontario

Notice of Accident and Claim for Benefits

21. Notice by employer of accident

22. Claim for benefits

23. Continuing obligation to provide information

Wages and Employment Benefits

24. Wages for day of accident

25. Employment benefits

Rights of Action

26. No action for benefits

27. Application of certain sections

28. Certain rights of action extinguished

29. Liability where negligence, fault

30. Election, concurrent entitlements

31. Decisions re rights of action and liability

PART IV

HEALTH CARE

32. Definition

33. Entitlement to health care

34. Duty to co-operate

35. Board request for health examination

36. Employer request for health examination

37. Reports

38. Transportation to hospital, etc.

39. Repair to assistive devices

PART V

RETURN TO WORK

40. Duty to co-operate in return to work

41. Obligation to re-employ

42. Labour market re-entry

PART VI

INSURED PAYMENTS

Compensation

43. Payments for loss of earnings

44. Review re loss of earnings

45. Payments for loss of retirement income

46. Compensation for non-economic loss

47. Degree of permanent impairment

48. Death benefits

Annual Adjustments

49. General indexing factor

50. Alternate indexing factor

51. Indexation of amounts in the Act

52. Annual adjustment of payments

Ancillary Matters

53. Average earnings

54. Maximum amount of average earnings

55. Net average earnings

Administration

56. Effect of payment, etc., from employer

57. Worker's access to records

58. Employer's access to records

59. Employer's access to health records

60. Payments to incapable persons

61. Payments owing to deceased workers

62. Frequency of payments

63. Agreements re payments

64. Benefits not assignable, etc.

65. Deduction for support or maintenance

66. Suspension of payments

PART VII

EMPLOYERS AND THEIR OBLIGATIONS

Participating Employers

67. Participating employers

68. "Trade" of municipal corporations, etc.

69. Training agencies and trainees

70. Deemed employer, certain volunteer or auxiliary workers

71. Deemed employer, emergency workers

72. Deemed employer, seconded worker

73. Deemed status, illegal employment of minor

74. Declaration of deemed status

Registration and Information Requirements

75. Registration

76. Notice of change of status

77. Material change in circumstances

78. Annual statements

79. Certification requirement

80. Record-keeping

Calculating Payments by Employers

81. Premiums, all Schedule 1 employers

82. Adjustments in premiums for particular employers

83. Experience and merit rating programs

84. Transfer of costs

85. Payments by Schedule 2 employers

86. Penalty, failure to co-operate

87. Notice to employers

Payment Obligations of Schedule 1 Employers

88. Payment of premiums

89. Default in paying premiums

Payment Obligations of Schedule 2 Employers

90. Payment of benefits

91. Payments re expenses of the Board

92. Deposit by Schedule 2 employers

93. Direction to insure workers

Obligations in Special Circumstances

94. Schedule 2 employers, occupational disease

95. Increases in benefits

No Contributions from Workers

95.1 No contributions from workers

PART VIII

INSURANCE FUND

96. Insurance fund

97. Reserve funds

98. Special reserve fund

99. Deficiency in premiums

100. Exceptional circumstances

PART IX

TRANSITIONAL RULES

Interpretation

101. Definitions

Pre-1998 Injuries

102. Continued application of pre-1997 Act

103. Maximum medical rehabilitation

103.1 Definitions

103.2 Election

103.3 Provisions of Act in lieu of rights of action

104. Death benefits

105. Temporary partial disability

105.1 Minimum compensation