BILL NO. 85

(as introduced)

4th Session, 61st General Assembly
Nova Scotia
61 Elizabeth II, 2012

Private Member's Bill

Workers' Compensation Act
(amended)

The Honourable Michel Samson
Richmond

First Reading: May 9, 2012

(Explanatory Notes)

Second Reading:

Third Reading:

Clause 1 expands the definition of "worker" to include an auxiliary member of a municipal police department or RCMP detachment to whom Part I of the Workers' Compensation Act will apply as a result of Clause 2.

1 Clause 2(ae) of Chapter 10 of the Acts of 1994-95, the Workers' Compensation Act, is amended by adding immediately after subclause (v) the following clause:

(va) an auxiliary member of
(A) a municipal police department, or

(B) a detachment of the Royal Canadian Mounted Police,

admitted pursuant to Section 5A,

2 Chapter 10 is further amended by adding immediately after Section 5 the following Section:

5A (1) On the application of a municipality
(a) that has established a municipal police department pursuant to the Police Act; or

(b) within the boundaries of which a detachment of the Royal Canadian Mounted Police is located and provides police services,

the Board may admit the auxiliary members of the municipal police department or Royal Canadian Mounted Police detachment, as the case may be, to the application of this Part.

(2) Where a detachment of the Royal Canadian Mounted Police provides police services to two or more municipalities, the municipalities may enter into an agreement for the sharing of the costs associated with the admission of the auxiliary members of the detachment to the application of this Part.

(3) Where the Board admits the auxiliary members of a municipal police department or Royal Canadian Mounted Police detachment pursuant to subsection (1),

(a) the auxiliary members are workers; and

(b) the municipality is the employer of the auxiliary members,

for the purpose of this Part.

(4) The auxiliary members of a municipal police department or Royal Canadian Mounted Police detachment are deemed to be in the course of their employment from the time they

(a) arrive at the place where a training exercise begins until the exercise has been completed; or

(b) receive a notification, by any means, of an emergency, including the time of travel to the police station or the site of the emergency where they perform duties until, after being released from duty, they return home, to the place where the notification was received, to their place of regular employment or to any place for treatment, refreshment or recreation, whichever they reach first.

(5) The Board shall, by regulation, determine the minimum and maximum earnings of the auxiliary members of the municipal police department or Royal Canadian Mounted Police detachment for the purpose of calculating the average earnings of the auxiliary members pursuant to subsection (5).

(6) The municipality deemed to be the employer of the auxiliary members of a municipal police department or Royal Canadian Mounted Police detachment pursuant to subsection (2) shall choose an amount between the minimum and maximum amounts determined by the Board pursuant to subsection (4) to apply as the average earnings for the auxiliary members.

(7) The amount chosen by a municipality pursuant to subsection (5) applies to every auxiliary member of the municipal police department or Royal Canadian Mounted Police detachment .

(8) The municipality deemed to be the employer of the auxiliary members pursuant to subsection (2) shall notify the Board of

(a) the number of auxiliary members in the municipal police department or Royal Canadian Mounted Police detachment ; and

(b) the average earnings of the auxiliary members for the purpose of this Part.