Stakeholder review of the Workplace Health, Safety and Compensation Commission & Workers' Compensation Appeals Tribunal Act

The Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act (WHSCC & WCAT Act) was established in 1994 through the merger of the Workers’ Compensation Board and the Occupational Health and Safety Commission. This legislation serves as the backbone of WorkSafeNB’s governance framework and encompasses various critical provisions, including the structure and authority of the board, reporting requirements, the internal appeal process (the Decision Review Office), the external appeal process (the Workers’ Compensation Appeals Tribunal), and general provisions to facilitating the smooth functioning of WorkSafeNB.

WorkSafeNB is doing a review, as required by legislation under section 26.1, of the WHSCC & WCAT Act. This section was added in 2019 and requires a review every five years.

Initial research has identified potential amendments to the WHSCC & WCAT Act to address the following issues:

• The implementation timeframe for decisions made by the Workers’ Compensation Appeals Tribunal when additional information is required.
• The restriction on investing in mortgages or products that may hold mortgages.
• The requirement of the Lieutenant-Governor in Council to appoint WorkSafeNB’s external auditor.
• The need to modernize the Act for clarity, conciseness and inclusive and plain language.

The goal of this consultation is to consult stakeholders on the proposals identified in the consultation backgrounder and to determine if there are other changes the board of directors should consider.

DEADLINE IS MARCH 7, 2025