HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 6 (1) of the Workers Compensation Act, R.S.B.C. 2019, c. 1, is amended by striking out "Minister of Education, Skills and Training" and substituting "minister responsible for the School Act or the minister responsible for the College and Institute Act, as applicable,".

2 Section 13 is amended in paragraph (a) of the definition of "hazardous substance" by striking out "Hazardous Products Act (Canada)" and substituting "Hazardous Products Act (Canada)".

3 Section 81 is amended in subsections (1) and (4) by striking out "something" and substituting "a thing".

4 The following section is added:

Warrants – investigations

81.1  (1) In this section, "place" and "workplace" include any vessel, vehicle or mobile equipment.

(2) On an application without notice and subject to this section, if a justice is satisfied by information provided under oath that there are reasonable grounds to believe that an offence against this Act or the regulations has been or is being committed, and that evidence respecting the commission of the offence will be obtained through the execution of a warrant, the justice may issue a warrant authorizing an officer, subject to this section, to

(a) enter the place in respect of which the warrant is issued, and

(b) do a thing described in the warrant.

(3) Without limiting subsection (2), a warrant issued under this section may authorize an officer to do any of the following:

(a) bring along any equipment or materials required to execute the warrant and be accompanied and assisted by a person who has special, expert or professional knowledge of a matter relevant to the execution of the warrant;

(b) search the place and seize works, materials, products, tools, equipment, machines, devices or other things at the place;

(c) take samples and conduct tests of works, materials, products, tools, equipment, machines, devices or other things produced, used or found at the place, including tests in which a sample is destroyed;

(d) require that a workplace or part of a workplace not be disturbed for a reasonable period;

(e) require that any tool, equipment, machine, device or other thing or process be operated or set in motion or that any system or procedure be carried out;

(f) search records that may be relevant and seize the records or, on giving a receipt for the records, temporarily remove the records to make copies or extracts;

(g) require a person to produce within a reasonable time records in the person's possession or control that may be relevant;

(h) question persons and require the persons to answer those questions;

(i) take photographs or recordings of a workplace and activities taking place in the workplace;

(j) attend a relevant training program of an employer;

(k) exercise other powers that may be necessary or incidental to executing the warrant.

(4) A warrant issued under this section may contain terms and conditions that the justice considers advisable in the circumstances.

(5) An officer must inform a person from whom a thing is seized under this section as to the reason for the seizure and must give the person a receipt for the thing.

(6) An officer may remove a thing seized under this section or detain it in the place in which it was seized.

(7) As soon as reasonably practicable after a thing is seized under this section, the officer must bring the thing, or a report of it, before a justice to be dealt with in accordance with the Offence Act as if it were seized under a warrant under that Act.

(8) If an officer is of the opinion that it is impracticable for the officer to appear personally before a justice to apply for a warrant in accordance with this section, the officer may submit an information on oath by telephone or other means of telecommunication and, for this purpose, section 22 of the Offence Act applies.

5 Section 97 (1) (d) is amended by striking out "comply, or" and substituting "comply, and".

6 Section 99 is amended by repealing subsection (2) and renumbering section 99 (1) as section 99.

7 Section 104 is amended

(a) by repealing subsection (1) (e) and substituting the following:

(e) directing that the facts relating to the commission of the offence be published in any manner the court considers appropriate, subject to any maximum amount for publication expenses or other restrictions established by the court, by

(i) the convicted person at that person's expense, or

(ii) the Board at the expense of the convicted person; , and

(b) by adding the following subsection:

(4) If a convicted person fails to comply with an order referred to in subsection (1) (e) (i), the Board may publish the facts and recover the publication expenses from the person.

8 The following section is added:

Court may consider victim impact statements

104.1  (1) In this section, "victim impact statement" means a written statement describing the physical or emotional harm, property damage or economic loss suffered by an individual as a result of an offence committed against this Act or the regulations.

(2) For the purpose of determining a penalty or punishment, as applicable, under sections 102 to 104, the court may consider victim impact statements.

9 Section 107 is amended by renumbering the section as section 107 (1) and by adding the following subsection:

(2) A charge under subsection (1) may be levied on the class or subclass by way of an assessment.

10 Section 112 (1) (b) (i) is amended by striking out "comply, or" and substituting "comply, and".

11 Section 123 is amended

(a) in subsection (2) by striking out "The Board may not" and substituting "Subject to subsection (3), the Board may not", and

(b) by adding the following subsection:

(3) The Board may, on its own initiative, reconsider a decision or order after the 75 days referred to in subsection (2) (a) have elapsed, if the decision or order contains an obvious error or omission.

12 Section 135 (1) is amended by striking out "compensation for a mental disorder that does not result from an injury for which the worker is otherwise entitled to compensation under this Part," and substituting "compensation for a mental disorder, payable as if the mental disorder were a personal injury arising out of and in the course of a worker's employment, if that mental disorder does not result from an injury for which the worker is otherwise entitled to compensation under this Part, and".

13 Section 150 (3) is amended by striking out "and to the Board's local representative".

14 Section 151 (3) is amended by striking out "injury, death" and substituting "injury, mental disorder, death".

15 Section 156 is amended

(a) in subsection (1) by striking out "any medical, surgical, hospital, nursing and other care or treatment, transportation, medicines, crutches and apparatus, including artificial members," and substituting "any services or supplies, including related transportation,", and

(b) by adding the following subsections:

(1.1) The services and supplies referred to in subsection (1) may be provided before the Board determines a worker's entitlement to compensation under this Part if the Board is satisfied that medical evidence indicates that without such services or supplies the worker is at risk of a significant deterioration in health.

(1.2) If a service or supply is provided under subsection (1.1) and the Board later determines that the worker is not eligible for compensation under this Part, the worker is not required to reimburse the Board for that service or supply.

16 Section 164 (5) (a) (ii) is amended by striking out "the governing body named in the Act under which the person is authorized to treat human ailments" and substituting "the applicable governing body under the Health Professions Act".

17 Section 196 is amended

(a) by repealing subsection (1) and substituting the following:

(1) This section applies in relation to a permanent partial disability if an amount required under section 195 is less than an amount required under this section. ,

(b) by repealing subsection (2), and

(c) in subsection (3) by striking out "If the Board makes a determination under subsection (1), the Board may" and substituting "The Board must".

18 Section 201 is amended by adding the following subsection:

(3) A determination made under subsection (1) (a) (ii) as to a date on which a worker would retire after reaching age 65 may be made after a worker has reached age 63, and the Board may, when making the determination, consider the worker's circumstances at the time of that determination.

19 Section 206 (3) is amended by striking out "the Board must pay" and substituting "the Board must, on the death of the worker, pay".

20 Section 209 is amended

(a) by adding the following subsection:

(1.1) As an exception to subsection (1), the maximum wage rate for 2021 is $100 000. ,

(b) in subsection (2) by striking out "$40 000" and substituting "$100 000", and

(c) in subsection (2) (b) by striking out "1984" and substituting "2019".

21 Section 225 (2) (b) is amended by striking out "Canada Pension Plan" and substituting "Canada Pension Plan".

22 Section 227 is amended

(a) in paragraph (a) by striking out "$40 000" and substituting "$100 000", and

(b) in paragraph (b) by striking out "1984" and substituting "2019".

23 Section 238 is amended

(a) by renumbering the section as section 238 (1),

(b) in subsection (1) by striking out "A regulation" and substituting "Subject to subsection (2), a regulation", and

(c) by adding the following subsection:

(2) The Board may specify a date that is less than 90 days after the date of deposit as the effective date of a regulation made under section 138 (1) in relation to an occupational disease that is an infection caused by a communicable viral pathogen.

24 Section 244 (1) is amended by striking out everything after "Class 7: General sector" and substituting the following:

Class 8: Canadian Pacific Railway Limited, Teck Resources Limited

Class 9: BNSF Railway Company

Class 10: Air Canada, Canadian National Railway, Via Rail Canada Inc.

Class 11: British Columbia Assessment Authority, British Columbia Ferry Services Inc., Government of British Columbia, Workers' Compensation Board.

25 The following sections are added:

Demand on third party

255.1  (1) If the Board has reason to believe that a person is or is likely to become indebted to an employer that owes an amount to the Board under this Act, the Board may demand in writing that the person pay to the Board, on account of the employer's liability to the Board, all or part of the money otherwise payable to the employer.

(2) A person on whom a demand is made under this section must, if indebted to the employer, pay to the Board or to someone specified by the Board the amount demanded, within 15 days after the later of

(a) the date the demand is served, and

(b) the date the person named in the demand becomes indebted to the employer.

(3) The Board's receipt for money paid by a person in response to a demand made under this section is proof that the person's liability to the employer that owes money to the Board is discharged to the extent of the amount stated in the receipt.

(4) For the purposes of this section, a savings institution is indebted to an employer that owes money to the Board for money or a beneficial interest in money in the savings institution

(a) on deposit to the credit of that employer when a demand is served under this section,

(b) held in trust by a depositor for that employer when a demand is served under this section, or

(c) deposited to the credit of that employer after a demand is served under this section.

(5) A demand made under this section continues in effect until it is satisfied or until it is cancelled by the Board.

Failure to comply with demand

255.2  (1) If a person on whom a demand is made under section 255.1 does not comply with the demand,

(a) the Board may enforce recovery of the amount stated in the demand as if it were an unpaid assessment owed to the Board by the person, and

(b) sections 108 and 264 of this Act apply to the recovery of that amount.

(2) If a person on whom a demand is made under section 255.1 denies indebtedness to an employer that owes money to the Board, the Board may require that person to produce information the Board considers necessary to establish that there is no indebtedness.

26 Section 256 (2) (a) is repealed and the following substituted:

(a) levy any deficiency in an assessment on any of the successive owners or employers, or .

27 The following section is added:

Director's liability

258.1  (1) Subject to this section, if a corporation has failed to pay an amount owed to the Board under this Act, the directors of the corporation at the time the corporation was required to pay the amount are jointly and severally liable with that corporation to pay that amount.

(2) A director is not liable under subsection (1) unless one of the following has occurred:

(a) a certificate has been filed under section 108 (1) (b) or 264 (3) with respect to the amount the corporation is liable to pay and execution for that amount has been returned unsatisfied in whole or in part;

(b) the corporation has been dissolved or has commenced liquidation proceedings in any jurisdiction;

(c) the corporation has, under the Bankruptcy and Insolvency Act (Canada),

(i) made an assignment in bankruptcy,

(ii) filed a notice of intention to make a proposal with the official receiver, or

(iii) made a proposal under Division 1 of Part III of that Act;

(d) a bankruptcy order has been made against the corporation under the Bankruptcy and Insolvency Act (Canada);

(e) the corporation has obtained a court order granting a stay of proceedings under section 11.02 of the Companies' Creditors Arrangement Act (Canada);

(f) the corporation has been or is subject in any jurisdiction to a proceeding similar in nature to a proceeding referred to in paragraphs (c) to (e) of this subsection.

(3) A director is not liable under subsection (1) if the director exercised the care, diligence and skill that a reasonably prudent person would exercise in comparable circumstances to prevent the corporation's failure to pay an amount owed to the Board.

(4) No action lies and no proceeding may be commenced to recover an amount payable by a director under subsection (1) after 2 years have elapsed since the date that the director ceased to be a director of the corporation.

(5) If a director pays an amount in respect of a corporation's liability referred to in subsection (1) that is proved in liquidation, dissolution or bankruptcy proceedings,

(a) the director is entitled to the same priority to which the Board would have been entitled if the amount had not been paid, and

(b) if a certificate that relates to that amount has been registered, the director is entitled to an assignment of the certificate to the extent of the director's payment, and the Board may make that assignment.

(6) If a director is liable for an amount under subsection (1),

(a) the Board may enforce recovery of the amount as if it were an unpaid assessment owed to the Board by the person, and

(b) sections 108 and 264 apply to the recovery of that amount.

28 Section 265 (7) is amended by striking out "section 51" and substituting "section 258".

29 Section 268 (2) (i) is repealed.

30 Section 285 (11) is amended by striking out "panel is comprised of one member and that member is unable for any reason to complete the member's duties, the chair of the appeal tribunal, with the consent of all parties to the appeal, may" and substituting "panel is composed of one member and that member is unable for any reason to complete the member's duties, the chair of the appeal tribunal may".

31 Section 296 (e) is repealed.

32 Section 307 is amended

(a) by repealing subsections (1) and (3) and substituting the following:

(1) On application by a party, or on the appeal tribunal's own initiative, the appeal tribunal may amend a final decision to

(a) correct any of the following:

(i) a clerical or typographical error;

(ii) an accidental or inadvertent error, omission or similar mistake;

(iii) an arithmetical error made in a computation, or

(b) clarify the final decision. , and

(b) in subsection (4) by striking out "subsections (1) to (3)" and substituting "subsection (1)".

33 Section 314 (2) is repealed and the following substituted:

(2) If information is disclosed for the purposes of this Part to a person other than the person the information is about, the person to whom the information is disclosed must not disclose the information except in the circumstances listed in section 235 (1) (a) to (d) [confidentiality – compensation claim information].

34 Section 1 of Revision Schedule 2 is repealed.

Transitional Provisions

Transition – permanent partial disability: exception to general rules

35  On or after the date this section comes into force, the Workers' Compensation Board and the Workers' Compensation Appeal Tribunal must apply section 196 of the Workers Compensation Act as amended by section 17 of this Act when making a decision regarding a claim

(a) that was made, but not finally adjudicated, before the date this section comes into force, and

(b) that involves an injury, occupational disease or mental disorder that occurred before the date this section comes into force.

Transition – payment period for worker disability compensation

36  A determination may be made under section 201 (3) of the Workers Compensation Act, as added by section 18 of this Act, whether or not a determination has been made under section 201 (1) of that Act before the date section 18 of this Act comes into force.

Commencement

37  The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Explanatory Notes

SECTION 1: [Workers Compensation Act, section 6] updates a reference to the minister responsible for the School Act or College and Institute Act.

SECTION 2: [Workers Compensation Act, section 13] makes a housekeeping amendment for style consistency.

SECTION 3: [Workers Compensation Act, section 81] makes a housekeeping amendment for language consistency.

SECTION 4: [Workers Compensation Act, section 81.1] provides for search and seizure warrants.

SECTION 5: [Workers Compensation Act, section 97] clarifies that the court may grant any or all of the listed injunctions.

SECTION 6: [Workers Compensation Act, section 99] repeals the requirement for Board approval before an officer may lay an information in respect of an offence.

SECTION 7: [Workers Compensation Act, section 104] adds a power for the court to require publication of the facts of an offence by and at the expense of the offender.

SECTION 8: [Workers Compensation Act, section 104.1] adds a power for the court to consider victim impact statements.

SECTION 9: [Workers Compensation Act, section 107] specifies that a charge may be levied by way of an assessment.

SECTION 10: [Workers Compensation Act, section 112] clarifies that the Board may make regulations that differ in either or both of the listed ways.

SECTION 11: [Workers Compensation Act, section 123] adds authority for the Board to reconsider a decision, even after 75 days have elapsed, if the decision contains an obvious error or omission.

SECTION 12: [Workers Compensation Act, section 135] provides that compensation is payable for a mental disorder as if the mental disorder were a personal injury arising out of employment.

SECTION 13: [Workers Compensation Act, section 150] removes the duty to report a worker's death to the Board's local representative.

SECTION 14: [Workers Compensation Act, section 151] adds a reference to mental disorder in the Act's one-year time limit for submitting a worker's compensation claim.

SECTION 15: [Workers Compensation Act, section 156] adds authority for payment for services and supplies before a worker's entitlement has been determined.

SECTION 16: [Workers Compensation Act, section 164] updates a reference to another Act.

SECTION 17: [Workers Compensation Act, section 196] requires compensation for a permanent partial disability to be paid based on the amount required under section 195 or the amount required under section 196 of the Act, whichever is higher.

SECTION 18: [Workers Compensation Act, section 201] adds a power for the Board to determine a worker's date of retirement when the worker is over age 63, and provides that the worker's circumstances at that time may be considered when making the determination.

SECTION 19: [Workers Compensation Act, section 206] adds a reference to the death of the worker as the time at which payment is required.

SECTION 20: [Workers Compensation Act, section 209] increases the maximum wage rate to $100 000 for 2021.

SECTION 21: [Workers Compensation Act, section 225] makes a housekeeping amendment for style consistency.

SECTION 22: [Workers Compensation Act, section 227] is consequential to the amendment made by this Bill to section 209 of the Act.

SECTION 23: [Workers Compensation Act, section 238] removes, in relation to a regulation relating to an occupational disease caused by a communicable viral pathogen, the requirement for a minimum of 90 days between deposit and effective date.

SECTION 24: [Workers Compensation Act, section 244] updates references to corporate names.

SECTION 25: [Workers Compensation Act, sections 255.1 and 255.2]

• authorizes the Board to make a demand on a third party;
• provides consequences for failure to comply with a demand.

SECTION 26: [Workers Compensation Act, section 256] replaces the Board's authority to levy part of a deficiency or unpaid assessment with authority to levy any deficiency in an assessment, when levying an assessment on successive business owners or employers.

SECTION 27: [Workers Compensation Act, section 258.1] provides for liability of a corporate director for amounts owed by the corporation to the Board.

SECTION 28: [Workers Compensation Act, section 265] updates a cross-reference.

SECTION 29: [Workers Compensation Act, section 268] provides a right to request a review of a decision to reopen or not reopen a matter under section 125.

SECTION 30: [Workers Compensation Act, section 285] removes the requirement for consent of all parties to appoint a new panel to replace a single-member panel and makes a housekeeping amendment.

SECTION 31: [Workers Compensation Act, section 296] removes the application to the Act of jurisdiction-limiting provisions of the Administrative Tribunals Act.

SECTION 32: [Workers Compensation Act, section 307] authorizes the Workers' Compensation Appeal Tribunal to clarify a decision in the absence of an application from a party.

SECTION 33: [Workers Compensation Act, section 314] makes the Act's confidentiality obligation apply to all information relating to an appeal.

SECTION 34: [Workers Compensation Act, Revision Schedule 2, section 1] removes a reference to a repealed statute.

SECTION 35: [Transition – permanent partial disability: exception to general rules] provides a transitional rule respecting claims for permanent partial disability.

SECTION 36: [Transition – payment period for worker disability compensation] provides a transitional rule respecting determination of retirement age.