BILL NO. 15

1st Session, 57th General Assembly
Nova Scotia
47 Elizabeth II, 1998

Private Member's Bill

Workers' Compensation Regional
Appeal Tribunals Act

Michael Baker
Lunenburg

First Reading: June 9, 1998

Second Reading:

Third Reading:

Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Workers' Compensation Regional Appeal Tribunals Act.

2 The purpose of this Act is to deal with the backlog of appeals under the former Act by providing for the establishment of temporary appeal tribunals throughout the Province and by requiring those appeal tribunals to hear and conclude the appeals referred to them within the time limits set out in this Act.

3 In this Act,

(a) "adviser" means an adviser as defined in Part III of the Workers' Compensation Act;

(b) "Chief Appeal Commissioner" means the Chief Appeal Commissioner appointed pursuant to the Workers' Compensation Act;

(c) "Chief Worker Adviser" means the Chief Worker Adviser appointed pursuant to the Workers' Compensation Act;

(d) "former Act" means Chapter 508 of the Revised Statutes, 1989;

(e) "outstanding appeals" means those appeals under the former Act for which a hearing has not been commenced on the coming into force of this Act.

4 (1) Within ninety days of the coming into force of this Act, the Chief Appeal Commissioner shall establish such number of temporary appeal tribunals as, in the opinion of the Chief Appeal Commissioner, are sufficient to deal with the outstanding appeals.

(2) When establishing regional appeal tribunals pursuant to subsection (1), the Chief Appeal Commissioner shall take into consideration the areas of the Province in which those persons who have commenced an appeal are located.

5 The Chief Appeal Commissioner shall determine the number of members to be appointed to a temporary regional appeal tribunal and shall appoint the members of the tribunals and fix the duties of the members of a tribunal.

6 (1) The remuneration of the members of a regional appeal tribunal shall be fixed by the Governor in Council.

(2) Members of a regional appeal tribunal shall be reimbursed for reasonable travelling and other expenses incurred by them in connection with their work as a member of a regional appeal tribunal.

7 The Chief Appeal Commissioner shall assign the outstanding appeals to the appropriate regional appeal tribunal and shall determine the procedure to be used by a regional appeal tribunal with respect to appeals referred to the tribunal.

8 (1) The Chief Worker Adviser shall, within ninety days of the coming into force of this Act, appoint such number of additional advisers as, in the opinion of the Chief Worker Adviser, are sufficient to deal with the outstanding appeals.

(2) The advisers referred to in subsection (1) shall be paid such remuneration and are entitled to such reasonable expenses as are determined by the Governor in Council.

9 Hearing dates for all appeals referred to a regional appeal tribunal shall be set by the tribunal within ninety days of the coming into force of this Act.

10 (1) Hearings with respect to all outstanding appeals shall be concluded within one hundred and twenty days of the period referred to in Section 9.

(2) Where a hearing is not concluded within the time period referred to in subsection (1), the appeal is deemed to have been decided in favour of the appellant.

11 An appeal to a regional appeal tribunal may be heard by one member of the tribunal sitting alone.

12 Notwithstanding Section 7, a regional appeal tribunal may hold an oral hearing where requested, in writing, by the appellant.

13 The regional appeal tribunal or a member of the tribunal sitting alone, as the case may be, shall render a decision with respect to an appeal within thirty days of the conclusion of the appeal.

14 A decision with respect to an appeal shall be communicated to the participants to the appeal in writing or in some other form which creates a permanent record.

15 (1) The Governor in Council may make regulations

(a) defining any word or expression used but not defined in this Act;

(b) deemed necessary or advisable to carry out effectively the intent and purpose of this Act.

(2) The exercise by the Governor in Council of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

16 Section 243 of Chapter 10 of the Acts of 1994-95, the Workers' Compensation Act, is repealed.