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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Workers' compensation Act
 
Legislature :
54
Session :
4
Bill No. :
3
Member :
Hon. McFarlane
First Reading :
2001-11-21
Second Reading :
2001-11-23
Committee of the Whole :
2001-11-30
Amended :
Third Reading :
2001-12-4
Royal Assent :
2001-12-21
        
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Text of Bill :
Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 Section 1 of the Workers' Compensation Act, chapter W-13 of the Revised Statutes, 1973, is amended

       (a) in the definition "employer"

       (i) by repealing paragraph (c) and substituting the following:

       (c) a person who authorizes or permits a learner to be in or about an industry for the purposes mentioned in the definition "learner",

       (ii) by adding after paragraph (c) the following:

       (c.1) a deemed employer, and

       (b) by repealing the definition "manufacturing";

       (c) by repealing the definition "teaming".

2 The Act is amended by adding after section 2 the following:

2.1 If an employer temporarily lends or hires out the services of a worker to another employer, the first employer shall be deemed to be the employer of the worker while he or
she is working for the other employer.

3 Subsection 8(2) of the Act is repealed.

4 The Act is amended by adding after section 8 the following:

8.1(1) Where a worker or his dependents are entitled to compensation or some other remedy in respect of an accident both in another jurisdiction and in New Brunswick, the
worker or dependents shall elect

       (a) to claim compensation or the other remedy under the law of the other jurisdiction, or

       (b) to claim compensation under this Act,

and shall give notice of that election to the Commission under subsection (2), but if there is in existence an agreement under subsection 8(3), the right of election is subject to the
terms of the agreement.

8.1(2) Notice of election shall be given to the Commission

       (a) by the worker within three months after the happening of the accident, or

       (b) if the accident results in death, by a dependent within three months after the death,

and if notice of election is not given in accordance with this section, the worker or dependent is deemed to have elected not to claim compensation under this Act.

8.1(3) The Commission may, on application either before or after the expiration of the three month period referred to in subsection (2), extend that period if, in the opinion of the
Commission, the claim is a just one and ought to be allowed,

8.1(4) If a worker or dependent elects under subsection (2) to claim compensation under this Act and at any time claims compensation or some other remedy under the law of
another jurisdiction in respect of the same accident, the worker or dependent is deemed to have forfeited all rights to compensation under this Act in respect of that accident, and
any money paid to the worker or dependent or on his or her behalf by the Commission in respect of it constitutes a debt due from him or her to the Commission.

8.1(5) Subsection (4) does not affect the right to compensation of a worker or dependent where an action is maintained in the worker's or dependent's name by the Commission
under subsection 10(10).

8.1(6) Notwithstanding subsection (4), if a worker or dependent, before claiming compensation under this Act, and in ignorance of his or her rights or the extent of his or her
rights under this Act, claims compensation under the law of the other jurisdiction where the accident happened and is found not to be entitled to compensation, the worker or
dependent is deemed not to have forfeited his or her rights under this Act by reason only of making the claim.

5 Subsection 10(14) of the Act is repealed.

6 The Act is amended by adding after section 35 the following:

35.1(1) A certificate purporting to be signed by an officer of the Commission 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.

35.1(2) A certificate referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has given the person against whom it is to be produced
reasonable notice of the intention, together with a copy of the certificate.

35.1(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 person who signed the certificate
for the purposes of cross-examination.

7 Subsection 38.2(2.6) of the Act is repealed.

8 Paragraph 38.5(b) of the Act is amended by striking out "within Canada".

9 Section 38.91 of the Act is amended by adding after subsection (5) the following:

38.91(5.1) Where a worker is entitled to compensation and it is made to appear to the Commission that the worker is incarcerated, the Commission may divert the payment of
compensation, in whole or in part, from the worker for the benefit of a dependent during the period of the worker's incarceration.

10 Section 49 of the Act is amended by adding "and the administrative expenses of the Commission" after "in this Part".

11 The Act is amended by adding after section 53 the following:

53.1(1) Every person shall, within fifteen days after commencing or recommencing a business or undertaking, notify the Commission of such commencement or
recommencement.

53.1(2) Every person shall, within fifteen days after ceasing or suspending a business or undertaking, notify the Commission of the cessation or suspension, and provide the
Commission with a statement of the total amount of wages earned by his employees for that portion of the current year.

53.1(3) If a person does not comply with subsection (1) or (2), the person is for every non-compliance liable to a penalty not exceeding five hundred dollars.

12 Section 72 of the Act is amended

       (a) by repealing subsection (2) and substituting the following:

72(2) Notwithstanding any other Act, any amount due to the Commission by an employer

       (a) pursuant to an assessment made under this Act,

       (b) in respect of any amount that the employer is required to pay to the Commission under this Act, or

       (c) on any judgment for an amount referred to in paragraph (a) or (b),

creates a fixed, specific and continuing charge in favour of the Commission

       (d) on the property or proceeds of property, whether real or personal, of the employer in New Brunswick, including money payable to, for or on account of the employer,
       whether the property, proceeds or money is acquired or is to be acquired by the employer before or after the amount becomes due, and

       (e) on any property or proceeds of property, whether real or personal, in New Brunswick that is used by the employer in or in connection with, or produced by the
       employer in, the industry with respect to which the employer is assessed or the amount becomes due, whether the property is used or produced before or after the amount
       becomes due.

       (b) by adding after subsection (2) the following:

72(2.1) Subject to the Employment Standards Act, the Revenue Administration Act and the Real Property Tax Act, the charge created under subsection (2) is payable in priority
over all writs, judgments, debts, liens, charges, security interests as defined in the Personal Property Security Act, rights of distress, assignments, including assignments of
book debts, and other claims or encumbrances of whatever kind of any person, including the Crown, whether legal or equitable in nature, whether absolute or not, whether
specific or floating, whether crystallized or otherwise perfected or not and whenever created or to be created.

       (c) by repealing subsection (3);

       (d) in subsection (4) by striking out "Where a lien" and substituting "Notwithstanding subsection (2), where a charge,";

       (e) by repealing subsection (5).

13 The Act is amended by adding after section 72 the following:

72.1 When an employer in an industry to which this Act applies defaults in the payment of all or part of a contribution owing pursuant to an assessment, or all or part of the
money due to the Commission under this Act, any assignment of personal property made by the employer, including an assignment of book debts, is void as against the
Commission to the extent of money that has not at the time of default been paid under the assignment to or on behalf of the assignor, regardless of

       (a) whether the assignment is absolute or not, or

       (b) whether the assignment is made before or after the date the contribution or other money became due or the default occurs.

72.2 When an employer in an industry to which this Act applies defaults in the payment of

       (a) all or part of a contribution owing pursuant to an assessment, or

       (b) all or part of any money due to the Commission under this Act,

any security interest as defined in the Personal Property Security Act created by the employer

       (c) on the employer's personal property in New Brunswick, or

       (d) on any other personal property in New Brunswick that is used by the employer in or in connection with, or produced by the employer in the industry with respect to
       which the employer is assessed or the money becomes due,

is void as against the Commission to the extent of money that has not, at the time of default, been paid under the security interest to the holder of it, regardless of whether the
security interest is created before or after the date the contribution or other money becomes due or the default occurs.

72.3(1) In the case of a sale of an industry to which this Act applies or the stock or equipment in bulk used in connection with that industry, the purchaser shall demand of the
vendor and the vendor shall deliver to the purchaser, before the purchaser pays any of the purchase price for the industry, stock or equipment, a certificate from the Commission
stating that it has no claim against the vendor of the industry, stock or equipment.

72.3(2) If the vendor fails to provide the certificate, the purchaser is liable to the Commission for an amount equal to the amount due from the vendor to the Commission, up to an
amount equal to the fair market value of the industry, stock or equipment.

14 Subsection 73(2) of the Act is amended by striking out "a lien" and substituting "a charge".

15 This Act comes into force on January 1, 2002.
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Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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