BILL NO. 156

(as introduced)

2nd Session, 58th General Assembly
Nova Scotia
51 Elizabeth II, 2002

Private Member's Bill

Workers' Compensation Act

Frank Corbett
Cape Breton Centre

First Reading: November 19, 2002

(Explanatory Note)

Second Reading:

Third Reading:

This Bill provides for increased supplementary benefits as recommended by the Workers' Compensation Review Committee.

Be it enacted by the Governor and Assembly as follows:

1 Chapter 10 of the Acts of 1994-95, the Workers' Compensation Act, is amended by adding immediately after Section 34 the following Section:

34A (1) Where a worker

(a) was injured before March 23, 1990, and is receiving or is entitled to receive periodic compensation for permanent partial disability or permanent total disability under this Act as a result of the injury; or

(b) dies before the repeal of this Act and the worker's dependent spouse or invalid child is receiving or is entitled to receive periodic compensation under this Act in connection with the worker's death,

and the worker or dependent spouse or invalid child, as the case may be,

(c) has a personal income below fifty per cent of the industrial aggregate average wage for Nova Scotia; and

(d) meets the conditions prescribed in subsection (2),

the Board shall pay to the worker or dependent spouse or invalid child a supplementary benefit in an amount required to ensure the annual income is not less than fifty per cent of the annualized industrial aggregate average wage for Nova Scotia.

(2) Payment of a supplementary benefit is subject to the following conditions:

(a) a worker, dependent spouse or invalid child is eligible for a supplementary benefit upon written application being made to the Board;

(b) an applicant shall provide the Board with the information required by the Board from time to time for determining eligibility for the supplementary benefit;

(c) an applicant who is an injured worker is eligible for a supplementary benefit if the worker

(i) is receiving a Canada Pension Plan or Quebec Pension Plan disability pension for the worker's compensable injury, or

(ii) would, in the opinion of the Board, be eligible for a Canada Pension Plan or Quebec Pension Plan disability pension for the worker's compensable injury but for insufficient contributions or lack of contributions to the Canada Pension Plan or Quebec Pension Plan.

(3) An applicant is eligible for a supplementary benefit until the beginning of the month after the month in which the applicant attains the age of sixty-five years.

(4) A supplementary benefit is payable as of the first day of the month in which application for the supplementary benefit is made.

(5) Eligibility for a supplementary benefit may be reviewed by the Board

(a) in December of each year; and

(b) at any other time when, in the opinion of the Board, a review is necessary.

(6) The amount of the supplementary benefit is the amount required to bring the applicant's individual annual personal income to fifty per cent of the annualized industrial aggregate average wage for Nova Scotia.

(7) For the purpose of this Section, the annualized industrial aggregate average wage for Nova Scotia is the average weekly wages and salaries industrial aggregate for Nova Scotia as published in November of each year by Statistics Canada in Employment, Earnings and Hours, Catalogue 72-002 multiplied by fifty-two.