Bill 208 2011

An Act to amend the Workplace Safety and Insurance Act, 1997 respecting permanent partial disability supplements

Note: This Act amends the Workplace Safety and Insurance Act, 1997.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

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

   1.  Section 110 of the Workplace Safety and Insurance Act, 1997 is amended by adding the following subsections:

Same

   (6)  Paragraph 4 of subsection 147 (16) of the pre-1997 Act shall be deemed to be repealed.

Same

   (7)  Paragraph 4 of subsection 147 (17) of the pre-1997 Act shall be deemed to be repealed.

Decision of the Board

   (8)  Where the Board has made a decision under subsection 147 (16) or (17) of the pre-1997 Act before the day section 1 of the Workplace Safety and Insurance Amendment Act (Permanent Partial Disability Supplements), 2011 comes into force, the worker to whom the decision relates may request that the Board reconsider the claim, and the Board shall decide the claim in accordance with subsection (6) or (7) as the case may be.

Decision of the Appeals Tribunal

   (9)  Where the Appeals Tribunal has made a decision regarding a Board decision under subsection 147 (16) or (17) of the pre-1997 Act before the day section 1 of the Workplace Safety and Insurance Amendment Act (Permanent Partial Disability Supplements), 2011 comes into force, the worker to whom the decision relates may request that the Appeals Tribunal refer the decision back to the Board, and the Board shall decide the claim in accordance with subsection (6) or (7) as the case may be. 

Pending claim

   (10)  If a claim under section 147 of the pre-1997 Act is pending before the Board on the day section 1 of the Workplace Safety and Insurance Amendment Act (Permanent Partial Disability Supplements), 2011 comes into force, the Board shall, where applicable, decide the claim in accordance with subsection (6) or (7).

Pending appeal

   (11)  If an appeal in respect of section 147 of the pre-1997 Act is pending on the day section 1 of the Workplace Safety and Insurance Amendment Act (Permanent Partial Disability Supplements), 2011 comes into force, the worker to whom the decision relates may request that the Appeals Tribunal refer the decision back to the Board, and the Board shall, where applicable, decide the claim in accordance with subsection (6) or (7).

Commencement

   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Workplace Safety and Insurance Amendment Act (Permanent Partial Disability Supplements), 2011.

EXPLANATORY NOTE

The Bill amends section 110 of the Workplace Safety and Insurance Act, 1997 so that any pension a worker is eligible for under the Old Age Security Act (Canada) does not reduce the worker's permanent partial disability benefits for pre-1985 and pre-1989 injuries under the pre-1997 Act.