In this Act 1998, c.41, s.109; 2000, c.26, s.287; 2004, c.25, s.2; 2006, c.16, s.181; 2007, c.10, s.93; 2009, c.F-12.5, s.62; 2014, c.49, s.2; 2017, c.63, s.58; 2019, c.2, s.149
“Accident Fund” means the fund providing for the payment of compensation, outlays and expenses under Part I of the Workers’ Compensation Act and administrative costs under this Act and the Occupational Health and Safety Act;(caisse des accidents)
“Appeals Tribunal” means the Workers’ Compensation Appeals Tribunal established under this Act; (Tribunal d’appel)
“board of directors” means the board of directors of the Commission;(conseil d’administration)
“Chairperson of the board of directors” means the chairperson of the board of directors of the Commission;(président du conseil d’administration)
“Chairperson of the Appeals Tribunal” Repealed: 2014, c.49, s.2
“Chief Compliance Officer” means the Chief Compliance Officer as defined in the Occupational Health and Safety Act, and includes an occupational health and safety officer to whom the Chief Compliance Officer has delegated any or all of his powers, duties, authority or discretion under that Act; (agent principal de contrôle)
“Commission” means the Workplace Health, Safety and Compensation Commission established under this Act;(Commission)
“conflict of interest” means a circumstance in which a member of the board of directors could or would be influenced in the exercise of the member’s duties and responsibilities in respect of a matter under consideration by the board of directors by reason of the member’s(conflit d’intérêts)
(a) interest, activities, relationships, rights, duties, obligations or responsibilities, whether personal or in respect of employment, or
(b) knowledge of the interest or affairs of the member’s employer, business or national or international union;
“Disability Fund” means the fund providing for the payment of compensation, benefits and expenses pursuant to the Firefighters’ Compensation Act and the administrative costs under this Act incurred in relation to the Firefighters’ Compensation Act;(caisse d’indemnisation)
“Minister” means the Minister of Post-Secondary Education, Training and Labour.(Ministre)
There is hereby established a body corporate and politic to be known as the Workplace Health, Safety and Compensation Commission consisting of those persons who from time to time comprise the board of directors.
The Commission shall have a corporate seal which it may alter or change at pleasure.
The head office of the Commission shall be at a place in the Province designated by the Lieutenant-Governor in Council.
All rights, powers, authority, jurisdiction, privileges, franchises, entitlements, debts, obligations, liabilities, duties and responsibilities of the Workers’ Compensation Board under the Workers’ Compensation Act, except in its capacity as an employer, are, without further action, continued in, transferred to, vested in, and may be exercised or discharged by, the Commission.
All property and interests in property of the Workers’ Compensation Board are, without further action, transferred to and vested in the Commission.
All rights, powers, authority, jurisdiction, privileges, franchises, entitlements, debts, obligations, liabilities, duties and responsibilities of the New Brunswick Occupational Health and Safety Commission under the Occupational Health and Safety Act, except in its capacity as an employer, are, without further action, continued in, transferred to, vested in, and may be exercised or discharged by, the Commission.
All property and interests in property of the New Brunswick Occupational Health and Safety Commission are, without further action, transferred to and vested in the Commission.
Section 89 of the Employment Standards Act applies to any former employee of the Workers’ Compensation Board or the New Brunswick Occupational Health and Safety Commission who takes up employment with the Commission.
2009, c.F-12.5, s.62; 2014, c.49, s.3
The Minister is responsible for the administration of this Act, except in respect of those powers and responsibilities that this Act confers or imposes on the Commission.
Any reference in the Workers’ Compensation Act, any other Act, or regulations thereunder to the Workers’ Compensation Board shall be deemed to be a reference to the Commission.
Any reference in the Occupational Health and Safety Act, any other Act, or regulations thereunder to the New Brunswick Occupational Health and Safety Commission shall be deemed to be a reference to the Commission.
In addition to any real property transferred to and vested in the Commission under subsections 4(2) and 4(4), subject to the approval of the Lieutenant-Governor in Council, the Commission may purchase or otherwise acquire real property and may erect thereon such buildings as it considers necessary for its purposes, and may, with the like approval, sell or otherwise dispose of any such property or buildings or real property otherwise transferred to and vested in the Commission.
(a) advance the principle that every worker is entitled to a safe and healthy work environment,
(b) promote an understanding of, acceptance of and compliance with this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act and the Occupational Health and Safety Act,
(c) develop, approve or conduct educational programs designed to promote an awareness of occupational health and safety,
(d) undertake research on matters related to workers’ health, safety and compensation,
(e) advise the Minister on developments in the field of workers’ health, safety and compensation principles in other jurisdictions,
(f) propose legislation and practices to promote workers’ health, safety and compensation,
(f.1) establish policies not inconsistent with this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act and the Occupational Health and Safety Act to promote workers’ health, safety and compensation,
(g) recommend changes in this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act, and the regulations, in order to promote better service by the Commission,
(h) publish from time to time such reports, studies and recommendations as the Commission considers advisable,
(i) prepare and approve its operating and capital budgets,
(j) plan for the future of the workers’ compensation system, and
(k) develop a prevention strategy with respect to workplace injury and illness.
1997, c.11, s.1; 2000, c.48, s.1; 2008, c.54, s.1; 2014, c.49, s.4; 2016, c.48, s.2; 2019, c.16, s.6
The affairs of the Commission shall be administered by a board of directors consisting of the following persons who shall be appointed by the Lieutenant-Governor in Council
(a) a Chairperson of the board of directors who, in the opinion of the Lieutenant-Governor in Council, is not representative of either workers or employers,
(a.1) a Vice-Chairperson of the board of directors who, in the opinion of the Lieutenant-Governor in Council, is not representative of either workers or employers,
(b) four or more persons from among those persons nominated by the board of directors in accordance with paragraph (1.03)(a), and
(c) four or more persons from among those persons nominated by the board of directors in accordance with paragraph (1.03)(b).
(d) Repealed: 2008, c.54, s.1
(e) Repealed: 2000, c.48, s.1
(f) Repealed: 2014, c.49, s.4
A person may not be appointed as a member of the board of directors unless the person is a resident of New Brunswick.
Before making nominations under this section, the board of directors shall advise the Lieutenant-Governor in Council of
(a) the skills and qualifications required of the board of directors as a whole in order for the board to carry out its functions, and
(b) the skills and qualifications required of nominees for the board of directors position or positions to be filled.
In making nominations under this section, the board of directors shall
(a) for an appointment under paragraph (1)(b), select a person who has been nominated by one or more stakeholders that represent workers,
(b) for an appointment under paragraph (1)(c), select a person who has been nominated by one or more stakeholders that represent employers,
(c) use a merit-based and objective approach,
(d) ensure that the board of directors as a whole has the necessary skills and qualifications to carry out its functions, and
(e) provide to the Lieutenant-Governor in Council a description of the recruitment, assessment and selection process used and the results of those processes.
The number of persons appointed under paragraph (1)(b) and the number of persons appointed under paragraph (1)(c) shall be equal.
The President and Chief Executive Officer of the Commission is, by virtue of his or her office, a non-voting member of the board of directors.
Other than the President and Chief Executive Officer of the Commission, members of the board of directors shall serve as part-time members and shall be remunerated as prescribed by the Lieutenant-Governor in Council.
The board of directors may fix the rate for reimbursement of expenses incurred by members of the board of directors while acting on behalf of the Commission.
Members of the board of directors shall at all times act in the best interest of the Commission notwithstanding the appointment of a member as representative of workers or employers.
1997, c.11, s.2; 2008, c.54, s.2; 2014, c.49, s.5; 2016, c.48, s.3; 2021, c.4, s.2
The Chairperson of the board of directors shall be appointed for a term of up to five years and he or she is eligible for re-appointment with the approval of the board of directors.
Repealed: 2016, c.48, s.3
A member of the board of directors, other than the Chairperson of the board of directors and the President and Chief Executive Officer of the Commission, shall be appointed for a term of up to five years.
The Vice-Chairperson of the board of directors shall act as Chairperson in the absence or inability to act of the Chairperson of the board of directors or in the case of a vacancy.
When a position on the board of directors becomes vacant, the person appointed to fill the position shall be appointed for a term of up to five years.
Repealed: 2008, c.54, s.2
The members of the board of directors are eligible for reappointment for two additional terms of up to three years each.
The appointment of any member of the board of directors may be terminated by the Lieutenant-Governor in Council before the expiry of the member’s term
(b) if the member ceases to be a resident of New Brunswick, or
(c) in the case of a member representing workers or employers, when that member, in the opinion of the Lieutenant-Governor in Council, ceases to be representative of workers or employers, as the case may be.
Repealed: 2021, c.4, s.2
Repealed: 2021, c.4, s.2
Repealed: 2016, c.48, s.3
Unless his or her appointment is terminated, a member of the board of directors shall remain in office, despite the expiry of the member’s term, until the member resigns or is reappointed or replaced.
A vacancy does not impair the capacity of the board of directors to act so long as a quorum is maintained.
The quorum for a meeting of the board of directors shall be one-half of the number of members, at least one of whom shall be a member representative of workers, at least one of whom shall be a member representative of employers and one of whom shall be the Chairperson of the board of directors or in the absence of the Chairperson of the board of directors the Vice-Chairperson.
The President and Chief Executive Officer is the chief executive officer of the Commission and is responsible to the board of directors for the operations of the Commission within the guidelines established by the board of directors.
Subject to subsection (3), the appointment of the President and Chief Executive Officer of the Commission shall be made by the board of directors with the approval of the Lieutenant-Governor in Council.
The appointment of the first President and Chief Executive Officer shall be made by the Lieutenant-Governor in Council for a term of up to three years.
2014, c.49, s.6
A member of the board of directors who has a conflict of interest shall, at the first opportunity, disclose the existence and the nature of the conflict of interest to the Chairperson of the board of directors and shall not participate in any discussion of, shall not influence or attempt to influence the outcome of and shall not vote or otherwise participate in respect of the matter to which the conflict of interest relates.
A member of the board of directors who believes that he or she, or another member of the board of directors, may have a conflict of interest shall, at the first opportunity, disclose or report the existence and the nature of the possible conflict of interest to the Chairperson of the board of directors.
Where a member of the board of directors has disclosed or reported under subsection (2) that the member or another member of the board of directors has a possible conflict of interest, the Chairperson of the board of directors shall seek the direction of the board of directors as to whether or not the member in question may participate in the dealings of the board of directors in the matter under consideration and the member in question shall not participate in any discussion of, shall not influence or attempt to influence the outcome of and shall not vote or otherwise participate in respect of the matter until the board of directors has determined that there is no conflict of interest and has directed that the member may participate.
A vote as to whether or not a member of the board of directors has a conflict of interest shall be decided by a simple majority of the members of the board of directors present at any meeting and the decision of the board of directors on the issue shall be final.
This section applies with the necessary modifications to the Chairperson and Vice-Chairpersons of the Appeals Tribunal.
2009, c.F-12.5, s.62; 2014, c.49, s.7; 2021, c.4, s.3
Except for the purposes of the administration and enforcement of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, or under the authority of the Commission, no member of the board of directors or officer of the Commission and no person employed by or authorized to act on behalf of the Commission shall
(a) disclose or allow to be disclosed any information, statement or document obtained under this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, or
(b) allow any person to inspect or have access to any statement or document obtained under this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, or any report prepared by or on behalf of the Commission from any information, statement or document obtained under this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act.
Repealed: 2021, c.4, s.3
This section applies with the necessary modifications to the Chairperson and Vice-Chairpersons of the Appeals Tribunal.
2021, c.4, s.4
The board of directors shall meet at least quarterly in each calendar year.
Meetings shall be called by the Chairperson of the board of directors who may call meetings of the board of directors more frequently than as prescribed in subsection (1).
The board of directors may conduct its proceedings as it considers fit for the proper discharge and dispatch of business.
Notice of any order, ruling or decision of the Commission where not otherwise provided for in this Act shall be given by the Commission in such manner as may be deemed by it adequate and proper.
Neither the Chairperson of the board of directors, the President and Chief Executive Officer, the other members of the board of directors, an officer or other employee of the Commission or an officer or other person appointed under this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, nor anyone acting under the instructions of any of them or of the Commission, or under the authority of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act, or the regulations, shall be personally liable for any loss or damage suffered by any person by reason of anything in good faith done, or omitted to be done, by him, her or them, pursuant to or in the exercise or supposed exercise of the power given to him, her or them by this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act. 2009, c.F-12.5, s.62; 2014, c.49, s.8
2014, c.49, s.9Neither the Chairperson of the Appeals Tribunal, the Vice-Chairpersons of the Appeals Tribunal, an employee of the Appeals Tribunal nor anyone acting under the instructions of any of them shall be personally liable for any loss or damage suffered by any person by reason of anything done in good faith, or omitted to be done in good faith, by him, her or them, pursuant to or in the exercise or supposed exercise of the power given to him, her or them by this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act. 2014, c.49, s.9
2014, c.49, s.10; 2021, c.4, s.5; 2023, c.17, s.286
Except in respect of an action by or on behalf of the Commission to procure a judgment in its favour, the Commission shall indemnify a person who is a member of the board of directors, an officer or an employee of the Commission and persons authorized to act on behalf of the Commission and the person’s heirs and legal representatives, against all costs, charges and expenses, including an amount paid to settle an action or satisfy a judgment, reasonably incurred in connection with the person’s involvement in any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a member of the board of directors or an officer or an employee, if
(a) the person acted honestly and in good faith with a view to the best interests of the Commission, and
(b) in the case of a criminal or administrative action or proceeding that is enforced by a monetary penalty, the person had reasonable grounds for believing that his or her conduct was lawful.
The Commission may with the approval of the Court of King’s Bench of New Brunswick indemnify a person referred to in subsection (1) in respect of an action by or on behalf of the Commission to procure a judgment in its favour, to which the person is made a party by reason of being or having been a member of the board of directors, an officer or an employee of the Commission, against all costs, charges and expenses reasonably incurred in connection with the person’s involvement in the action if the person fulfills the conditions set out in paragraphs (1)(a) and (b).
Notwithstanding anything in this section except subsection (8), a person referred to in subsection (1) is entitled to indemnity from the Commission in respect of all costs, charges and expenses reasonably incurred in connection with the person’s involvement in the defence of any civil, criminal or administrative action or proceeding to which the person is made a party by reason of being or having been a member of the board of directors, officer or employee of the Commission, if the person seeking indemnity
(a) was substantially successful on the merits of the person’s defence of the action or proceeding,
(b) fulfills the conditions set out in paragraphs (1)(a) and (b), and
(c) is fairly and reasonably entitled to indemnity.
The Commission may purchase and maintain insurance for the benefit of any person referred to in subsection (1) against any liability incurred in connection with the person’s involvement in a proceeding or action in the person’s capacity as a member of the board of directors, an officer or an employee of the Commission, except where the liability relates to the person’s failure to act honestly and in good faith with a view to the best interests of the Commission.
The Commission may apply to the Court of King’s Bench of New Brunswick for an order approving an indemnity under this section and the Court may so order and make any further order it thinks fit.
Upon application under subsection (5), the Court of King’s Bench of New Brunswick may order notice to be given to any interested person and that person is entitled to appear and be heard in person or by counsel.
Upon receiving notification of an action or proceeding in respect of which a person may be indemnified under this section, the Commission may appoint such legal counsel as the Commission considers appropriate to represent the person in the action or proceeding and that counsel shall represent the person in and, with the consent of the Commission, may settle the matter.
The Commission may refuse to indemnify a person who might otherwise be entitled to indemnification under this section, in respect of any costs, charges and expenses incurred by legal counsel representing the person after the Commission has appointed different legal counsel under subsection (7), other than the costs, charges and expenses necessarily and reasonably incurred in transferring files and other information to the legal counsel appointed under subsection (7).
2009, c.F-12.5, s.62; 2014, c.49, s.11; 2016, c.48, s.4
The Commission, the President and Chief Executive Officer of the Commission or the Chairperson of the Appeals Tribunal may delegate any of his or her powers, duties, authority or discretion under this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act, to one or more persons in the manner and subject to the terms and conditions the Commission, the President and Chief Executive Officer or the Chairperson of the Appeals Tribunal, as the case may be, considers appropriate.
A person may sub-delegate any powers, authority, duty or discretion which has been delegated to the person under subsection (1), if permitted to do so by the terms and conditions of the delegation.
A decision, order or ruling of a person to whom a delegation has been made under subsection (1) or of a person to whom a subdelegation has been made under subsection (2) shall be deemed to be a decision, order or ruling of the Commission, the President and Chief Executive Officer of the Commission or the Chairperson of the Appeals Tribunal, as the case may be.
Repealed: 2014, c.49, s.11
The Chairperson of the board of directors shall, when requested by the Minister, report to the Lieutenant-Governor in Council through the Minister on matters relating to the administration of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act and the Occupational Health and Safety Act, the financial status of the Commission, its collection of revenues, the disposition of its funds and assets and any other activities of the Commission. 2009, c.F-12.5, s.62
2009, c.F-12.5, s.62
The Commission shall appoint such personnel as it determines necessary to carry out its responsibilities under this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act and the Occupational Health and Safety Act and may prescribe their duties.
The salaries, remuneration and reimbursement of the members of the board of directors, the President and Chief Executive Officer, and all other personnel, together with the necessary administration of this Act, Part I of the Workers’ Compensation Act and the Occupational Health and Safety Act shall be paid out of the Accident Fund.
The necessary administrative costs for administering the Firefighters’ Compensation Act, whether incurred under that Act or this Act, shall be paid out of the Disability Fund.
2019, c.16, s.62019, c.16, s.6
Beginning in 2024, and every five years after that, the Auditor General shall conduct a performance audit.
The scope of a performance audit shall be determined by the Auditor General in consultation with the Commission.
The Commission shall pay the costs and expenses incurred in connection with a performance audit.
2009, c.F-12.5, s.62; 2014, c.28, s.81; 2016, c.48, s.5; 2021, c.4, s.6
Repealed: 2021, c.4, s.6
Repealed: 2021, c.4, s.6
The accounts of the Commission shall be audited by a chartered professional accountant to be appointed by the Lieutenant-Governor in Council for that purpose and the auditor’s report shall be included in the annual report of the Commission.
The Commission shall
(a) Repealed: 2021, c.4, s.6
(b) Repealed: 2021, c.4, s.6
(c) on or before June 30 of each year make a report to the Minister of its transactions during the last preceding calendar year, and such report shall contain a statement of the receipt and disposition of funds for that year in each of the classes and sub-classes established in sections 50 and 57 of the Workers’ Compensation Act, its activities under the Occupational Health and Safety Act, together with such other particulars as the Lieutenant-Governor in Council may prescribe,
(c.1) on or before June 30 of each year make a report to the Minister of its transactions during the preceding calendar year, and such report shall contain a statement of the receipt and disposition of funds for that year under the Firefighters’ Compensation Act together with such other particulars as the Minister may require, and
2019, c.16, s.62019, c.16, s.6; 2019, c.39, s.26; 2021, c.4, s.7
A person directly affected by a decision, order or ruling of the Commission may request a review by the Commission when the decision, order or ruling, as the case may be, is made
(a) under this Act,
(b) under the Workers’ Compensation Act and affects the rights of an employer, a worker or a dependent, including a decision, order or ruling imposing or otherwise dealing with an administrative penalty imposed under section 82.1 of that Act, or
(c) under the Firefighters’ Compensation Act and affects the rights of a firefighter, former firefighter or a dependant or a municipality, rural community or regional municipality.
A request for review shall be made within 90 days after the decision, order or ruling referred to in subsection (1) is made.
A request for review of an administrative penalty imposed under section 82.1 of the Workers’ Compensation Act shall be made within 14 days after the notice of administrative penalty has been served.
A request for review shall
(a) be in writing,
(b) be addressed to the Commission,
(c) set out clearly the reasons for the review and all facts relative to it, and
(d) be made in a form and in the manner determined by the Commission.
The procedure for a request for review under this section shall be determined by the Commission.
The Commission shall make a decision on a review as soon as circumstances permit after the Commission receives the request for review.
On making its decision, the Commission shall
(a) confirm, vary, revoke or suspend the decision, order or ruling in relation to which the review was requested, and
(b) provide written reasons for the decision to the person who requested the review.
The Commission may extend the time period referred to in subsection (2) if it considers that the delay is justified.
A request for review does not operate as a stay of the decision, order or ruling under review.
A person may appeal a decision of the Commission on a review under subsection (5) to the Appeals Tribunal.
Repealed: 2021, c.4, s.7
2014, c.49, s.132014, c.49, s.14
There is established an appeals tribunal called the Workers’ Compensation Appeals Tribunal.
The Appeals Tribunal shall consist of
(a) a Chairperson who serves as a full-time member, and
(b) not fewer than five and not more than ten Vice-Chairpersons who serve as part-time members.
2014, c.49, s.152014, c.49, s.15
The members of the Appeals Tribunal shall be appointed by the Lieutenant-Governor in Council.
The Chairperson of the Appeals Tribunal shall be appointed for a term of five years and may be reappointed.
The Vice-Chairpersons of the Appeals Tribunal shall be appointed for a term of not fewer than three years and not more than five years and may be reappointed.
If a Vice-Chairperson of the Appeals Tribunal is appointed the Chairperson of the Appeals Tribunal, he or she is eligible to be appointed as Chairperson for a term not exceeding five years regardless of how many years the person served as a Vice-Chairperson prior to his or her appointment as Chairperson.
2014, c.49, s.152014, c.49, s.15
Before making appointments to the Appeals Tribunal, the Lieutenant-Governor in Council shall consider
(a) the skills and qualifications required by the Appeals Tribunal as a whole in order for it to carry out its functions, and
(b) the skills and qualification requirements for appointments to the Appeals Tribunal.
In making appointments to the Appeals Tribunal, the Lieutenant-Governor in Council shall
(a) use a merit-based and objective approach and ensure that the persons appointed have the necessary skills and qualifications to carry out their functions; those skills and qualifications include
(i) being a barrister and solicitor who is a member in good standing of the Law Society of New Brunswick, and
(ii) having experience or education in business, economics, finance, management, accounting, insurance or administrative law, and
(b) ensure that the Appeals Tribunal as a whole has the necessary skills and qualifications to carry out its functions.
The Appeals Tribunal shall reflect regional, linguistic and gender diversity.
2014, c.49, s.152014, c.49, s.15; 2016, c.37, s.198
The members of the Appeals Tribunal are entitled to be paid the remuneration fixed by the Lieutenant-Governor in Council.
A member is entitled to be reimbursed for accommodation, meal and travel expenses reasonably incurred in connection with his or her duties on the Appeals Tribunal in accordance with the Treasury Board travel policy guidelines, as amended.
2014, c.49, s.152014, c.49, s.15
If a Vice-Chairperson of the Appeals Tribunal resigns or is replaced, the Chairperson of the Appeals Tribunal may authorize that person to carry out and complete the duties and exercise any powers that the person would have had, if the person had not ceased to be a member, in connection with any matter in respect of which there was a hearing in which the person participated as a member.
An authorization under subsection (2) continues until a final decision in respect of the matter is made.
2014, c.49, s.15The appointment of the Chairperson or a Vice-Chairperson of the Appeals Tribunal may be revoked by the Lieutenant-Governor in Council for cause. 2014, c.49, s.15
2014, c.49, s.152014, c.49, s.15
A vacancy on the Appeals Tribunal does not impair the capacity of the Appeals Tribunal to act.
If a vacancy occurs on the Appeals Tribunal, the Lieutenant-Governor in Council may appoint a person to fill the vacancy for the balance of the term of the Chairperson or Vice-Chairperson replaced.
Before appointing a person to fill the vacancy under subsection (2), the Lieutenant-Governor in Council shall consider
(a) the skills and qualifications required by the Appeals Tribunal as a whole in order for it to carry out its functions, and
(b) the skills and qualification requirements for appointments to the Appeals Tribunal.
In making an appointment to fill the vacancy under subsection (2), the Lieutenant-Governor in Council shall
(a) use a merit-based and objective approach and ensure that the persons appointed have the necessary skills and qualifications to carry out their functions; those skills and qualifications include
(i) being a barrister and solicitor who is a member in good standing of the Law Society of New Brunswick, and
(ii) having experience or education in business, economics, finance, management, accounting, insurance or administrative law, and
(b) ensure that the Appeals Tribunal as a whole has the necessary skills and qualifications to carry out its functions.
In the case of the temporary absence, illness or incapacity to act of the Chairperson of the Appeals Tribunal, the Minister may appoint a Vice-Chairperson of the Appeals Tribunal as acting Chairperson for the period of the temporary absence, illness or incapacity.
2014, c.49, s.152014, c.49, s.15
Subject to this Act and the regulations, the Appeals Tribunal, with respect to its objects, has the capacity, rights, powers and privileges of a natural person, including the power to
(a) enter into any agreement with any government, person, organization, institution or other body,
(b) acquire and hold assets and property, both real and personal, by way of purchase, lease, grant, hire, exchange or otherwise and to dispose of such property by any means,
(c) provide for the management of its property and assets and of its affairs and business, including the appointment of staff,
(d) establish forms, practices and procedures for the efficient conduct of appeals to the Appeals Tribunal and for the effective operation of the Appeals Tribunal, and
1999, c.25, s.1; 2000, c.48, s.2; 2009, c.F-12.5, s.62; 2014, c.49, s.16; 2015, c.33, s.2; 2016, c.48, s.6; 2017, c.20, s.178; 2018, c.18, s.3; 2019, c.16, s.6; 2019, c.39, s.26; 2020, c.19, s.3; 2021, c.4, s.8; 2023, c.17, s.286
(a) a decision of the Commission on a review under subsection 19.11(5),
(b) Repealed: 2021, c.4, s.8
(b.1) Repealed: 2021, c.4, s.8
(c) an order of any officer of the Commission under the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or made under subsection 37(2) of the Occupational Health and Safety Act by the Chief Compliance Officer by any person affected by the order, and
(d) an administrative penalty imposed by an officer appointed under section 5 of the Occupational Health and Safety Act, and confirmed, varied, revoked or suspended by the Chief Compliance Officer under subsection 37(1.01) of that Act by the person subject to the administrative penalty.
An appeal under paragraph (1)(a) shall be made no later than one year after the date the Commission provides written reasons for the decision under subsection 19.11(6) to the person who requested the review, unless the Appeals Tribunal, on application, extends the period within which the appeal may be made.
Repealed: 2021, c.4, s.8
Repealed: 2021, c.4, s.8
An application under subsection (1.1) may be made before or after the expiration of the limitation period prescribed in subsection (1.1).
Despite subsection (1.1), an appeal of a decision on a review dealing with an administrative penalty imposed under section 82.1 of the Workers’ Compensation Act shall be made no later than seven days after the decision.
An appeal under paragraph (1)(c) shall be made within seven days after the confirmation, variance, revocation or suspension of an officer’s order by the Chief Compliance Officer under subsection 37(1) of the Occupational Health and Safety Act or within seven days after the Chief Compliance Officer’s order under subsection 37(2) of the Occupational Health and Safety Act.
An appeal under paragraph (1)(d) shall be made within seven days after the confirmation, variance, revocation or suspension of an administrative penalty by the Chief Compliance Officer under subsection 37(1.01) of the Occupational Health and Safety Act, or within seven days after the Chief Compliance Officer’s order suspending the operation of the administrative penalty under subsection 37(2) of the Occupational Health and Safety Act.
The Chief Compliance Officer and the officer who made the order or imposed the administrative penalty are parties to an appeal under paragraph (1)(c) or (d), as the case may be, for the purpose of presenting facts and providing information relating to the matter under appeal.
If an appeal is made under this section, the Chairperson of the Appeals Tribunal shall immediately deliver a notice of the appeal to the Commission, the Office of the Workers’ Advocate and the Office of the Employers’ Advocate that includes
(a) the grounds of the appeal, and
(b) the identification of any policies approved by the Commission that, in the opinion of the Appeals Tribunal, may be applicable to the issues in the appeal.
Despite any other provision of this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act, but subject to subsections 21(9) and (9.1) of this Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act, the Workers’ Compensation Act and the Occupational Health and Safety Act to examine into, hear and determine all matters affecting an employer, a worker or a dependent that arise in any appeal to it under subsection (1).
Despite any other provision of this Act or the Firefighters’ Compensation Act, but subject to subsections 21(9) and (9.1) of this Act, the Appeals Tribunal shall have all of the authority conferred on the Commission under this Act and the Firefighters’ Compensation Act to examine into, hear and determine all matters affecting a firefighter or former firefighter or a dependant or a local government that arise in any appeal to it under subsection (1).
An appeal to the Appeals Tribunal shall be heard by one of its members, chosen by the Chairperson of the Appeals Tribunal.
Despite subsection (4), a panel of two or more members chosen by the Chairperson of the Appeals Tribunal may hear an appeal if, in the opinion of the Chairperson, exceptional circumstances of the case require it.
The Chairperson of the Appeals Tribunal shall decide if the appeal is to proceed by oral hearing, including in person, by video conference or telephone conference, or by written submission and shall immediately deliver a notice of the decision to the parties.
A party to an appeal may make a request to the Chairperson of the Appeals Tribunal to review the Chairperson’s decision made under subsection (4.2) if in the opinion of the party to an appeal exceptional circumstances justify the request.
The request referred to in subsection (4.3) shall be made within 14 days after receiving the notice of the decision and set out in writing the exceptional circumstances that justify the request.
On receiving a request under subsection (4.3), the Chairperson of the Appeals Tribunal shall review his or her decision and make a decision confirming or varying the decision under review within seven days of receiving the request to review.
A decision of the Chairperson of the Appeals Tribunal made under subsection (4.5) shall be final.
Repealed: 2014, c.49, s.16
If the Chairperson of the Appeals Tribunal chooses a panel of two or more members to hear an appeal under subsection (4.1), a decision of the majority of the members of the panel is the decision of the Appeals Tribunal.
Repealed: 2014, c.49, s.16
In respect of any matter coming before the Appeals Tribunal for decision, any person that may be affected by the decision shall be entitled, upon application, to present evidence and make representations before a decision is made by the Appeals Tribunal.
The Commission shall have standing in any appeal to the Appeals Tribunal involving any question as to the interpretation or application of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act or the policies approved by the Commission.
In an appeal, the Appeals Tribunal shall
(a) make its decision on a case-by-case basis based on the real merits and justice of the particular case,
(b) apply a policy approved by the Commission that is applicable in the case, and
(c) not be bound to follow precedent.
Until a different policy is approved by the Commission or a policy is amended by the Commission, every policy approved by the Commission under this Act is binding on the board of directors, every officer and employee of the Commission and on the Appeals Tribunal.
If, in an appeal, the Appeals Tribunal considers that a policy approved by the Commission is patently unreasonable, the Appeals Tribunal shall refer the policy, with written reasons, to the board of directors for a determination, and the appeal proceedings shall be suspended until the board of directors makes the determination.
As soon as possible after a policy is referred to it under subsection (9.2), the board of directors shall determine whether the policy is patently unreasonable.
If the board of directors determines that a policy referred to it under subsection (9.2) is not patently unreasonable, the board of directors shall provide written reasons to the Appeals Tribunal for its decision and refer the matter back to the Appeals Tribunal, and the Appeals Tribunal is bound by that determination.
If the board of directors determines that a policy referred to it under subsection (9.2) is patently unreasonable, the board of directors shall inform the Appeals Tribunal and shall review the policy and amend it accordingly.
After the board of directors completes a review under subsection (9.5), the board of directors shall provide the parties to the appeal and the Appeals Tribunal with written reasons for its decision and the amended policy and refer the matter back to the Appeals Tribunal, and the Appeals Tribunal is bound by that determination.
If an appeal is suspended under subsection (9.2) and there is no reasonable alternative to remedy the worker’s situation, the Appeals Tribunal may make any interim order
(a) to prevent the development of a permanent physical impairment or the increase of a permanent physical impairment,
(b) to aid the worker in recovering from the worker’s injury by accident, or
(c) to prevent an increase in the worker’s loss of earnings that can be directly attributed to his or her injury by accident.
If, in an appeal, new evidence becomes available or has been discovered that is substantial and material to the decision, order or ruling under consideration, before considering the new evidence, the Appeals Tribunal shall suspend the appeal and notify the Commission of the new evidence.
The Commission shall have 14 days after being notified of new evidence under subsection (9.8) to respond to the new evidence, following which the Appeals Tribunal may consider the new evidence.
The Appeals Tribunal shall issue written reasons, signed by a member of the Appeals Tribunal hearing the appeal, for any decision, determination, direction, declaration, order, interim order or ruling of the Appeals Tribunal,
(a) if the appeal proceeds by oral hearing, within 90 days following the last hearing day, and
(b) if the appeal proceeds by written submission, within 90 days following the filing of all required documents.
Repealed: 2014, c.49, s.16
Any decision, order or ruling of the Appeals Tribunal shall be final, subject only to an appeal to the Court of Appeal involving any question as to its jurisdiction or any question of law.
Unless the Appeals Tribunal otherwise determines or the Commission applies to the Appeals Tribunal for a statement of facts under subsection 23(1) and, within 30 days after receiving the statement of facts, commences an appeal under subsection 23(4), a decision of the Appeals Tribunal shall be implemented by the Commission within 30 days of issuing the decision.
Repealed: 2018, c.18, s.3
If the person designated in an order of the Appeals Tribunal under paragraph (1)(c) does not comply with the order, the Appeals Tribunal may file a copy of the order in The Court of King’s Bench of New Brunswick and upon filing, the order shall be entered and recorded in the Court, and when so entered and recorded becomes a judgment of the Court and may be enforced as such against the person designated therein.
An appeal pursuant to the provisions of paragraph (1)(c) against a decision, order or ruling of the Appeals Tribunal does not suspend the operation of the order but the Appeals Tribunal may order the suspension of the operation thereof until the disposal of the appeal.
Notice of any decision, order or ruling of the Appeals Tribunal where not otherwise provided for in this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act or the Occupational Health and Safety Act shall be given by the Appeals Tribunal in a manner deemed by the Appeals Tribunal to be adequate and proper.
1997, c.52, s.1; 2016, c.48, s.71997, c.52, s.2; 2016, c.48, s.8
The Commission may reconsider a decision, order or ruling it previously made or rescind, alter or amend the decision, order or ruling if
(a) the Commission is satisfied that new evidence has become available or has been discovered that is substantial and material to the decision, order or ruling, and the evidence
(i) did not exist at the time of the hearing before the Commission, or
(ii) did exist at that time but was not discovered and could not through the exercise of reasonable diligence have been discovered, and
(b) the Appeals Tribunal has not issued a written decision on the matter.
Repealed: 2016, c.48, s.8
2016, c.48, s.92016, c.48, s.9
The Appeals Tribunal may reconsider a decision, order or ruling it previously made or rescind, alter or amend the decision, order or ruling if it is satisfied that new evidence has become available or has been discovered that is substantial and material to the decision, order or ruling, and the evidence
(a) did not exist at the time of the hearing before the Appeals Tribunal, or
(b) did exist at that time but was not discovered and could not through the exercise of reasonable diligence have been discovered.
2014, c.49, s.17; 2016, c.48, s.10
Within 30 days after receipt of notice of a decision, order or ruling of the Appeals Tribunal, any party directly affected by the decision, order or ruling, and intending to appeal therefrom shall apply to the Appeals Tribunal for a statement of the facts considered by the Appeals Tribunal and of the grounds taken by the Appeals Tribunal in making such decision, order or ruling, and the Appeals Tribunal shall within 30 days provide the party with such information, certified by the Chairperson of the Appeals Tribunal.
The statement of facts under subsection (1) shall include a copy of the written decision, order or ruling of the Appeals Tribunal, a transcript of the proceedings before the Appeals Tribunal and all evidence presented to the Appeals Tribunal.
The statement of facts under subsection (1) constitutes the record on appeal.
Within thirty days of receipt of the statement of facts under subsection (1), the party intending to appeal a decision, order or ruling of the Appeals Tribunal shall commence an appeal by issuing and filing a Notice of Appeal in the manner prescribed by the Rules of Court.
Within 15 days after a Notice of Appeal is issued, an appellant shall serve a copy of the Notice of Appeal in the manner in which personal service may be made under the Rules of Court on the Commission and the Appeals Tribunal.
The Commission is entitled to be represented by counsel on the hearing of an appeal.
The Commission may
(a) of its own motion state a case in writing for the opinion of the Court of Appeal upon any question that in the opinion of the Commission is a question as to its jurisdiction or a question of law, and
(b) appeal a decision of the Appeals Tribunal to the Court of Appeal on any question that is a question as to the interpretation or application of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Occupational Health and Safety Act or a policy approved by the Commission, whether or not the Commission presented evidence or made representations concerning that question in the appeal to the Appeals Tribunal.
The Appeals Tribunal may of its own motion state a case in writing for the opinion of the Court of Appeal on any question that in the opinion of the Appeals Tribunal is a question as to its jurisdiction or a question of law.
The Rules of Court, as far as they are applicable and not inconsistent with this section, apply to every proceeding before the Court of Appeal under this section.
Costs may be awarded in any appeal under this section.
2014, c.49, s.18The Chairperson of the Appeals Tribunal shall annually make a report to the Minister respecting its activities under this Act that is satisfactory to the Minister and includes any information required by the Minister. 2014, c.49, s.18
2009, c.F-12.5, s.62; 2015, c.22, s.12
Subject to the regulations, the Commission has the power, and shall be deemed always to have had power,
(a) to invest any part of the Accident Fund or the Disability Fund and any other money under its control in the manner authorized by the Trustees Act, but not in mortgages on real estate, and
(b) to borrow such sums as may be deemed expedient for the proper carrying out of the provisions of this Act, the Workers’ Compensation Act, the Firefighters’ Compensation Act and the Occupational Health and Safety Act.
No part of the Accident Fund or the Disability Fund, whether so invested or not, is subject to municipal or other tax.
2016, c.48, s.11The Commission may enter into agreements with one or more provincial or territorial governments, the Government of Canada or their agencies for the purposes of the Commission collecting, investing and managing funds, and the funds shall form part of the Accident Fund but shall be maintained separately. 2016, c.48, s.11
2014, c.49, s.192014, c.49, s.19
The Commission shall make an annual grant to the Department of Post-Secondary Education, Training and Labour equal to the cost, including salaries and administration, of providing the services of the Appeals Tribunal under this Act.
The grant referred to in subsection (1) shall be paid out of the Accident Fund.
Subject to the approval of the Lieutenant-Governor in Council, the Commission may make by-laws 2014, c.49, s.20
(a) governing its affairs and business and setting out its procedures,
(b) Repealed: 2014, c.49, s.20
(c) prescribing the form and use of such payrolls, records, reports, certificates, declarations and documents as may be required by the Commission under this Act.
2000, c.48, s.32000, c.48, s.3; 2014, c.49, s.21
A certificate purporting to be signed by the President and Chief Executive Officer of the Commission or the Chairperson of the Appeals Tribunal shall, in the absence of evidence to the contrary, be admitted in evidence as proof of the facts stated in it without proof of the appointment, authority or signature of the person signing it and may
(a) set out the substance of any order, ruling or decision of the Commission or the Appeals Tribunal, as the case may be, and
(b) set out information from any books, records, documents or files of the Commission or the Appeals Tribunal, as the case may be, in the form of an extract or description.
A certificate referred to in subsection (1) shall not be received in evidence unless the party intending to produce it has, before the trial or other proceeding, given to the person against whom it is to be produced, reasonable notice of the party’s intention, together with a copy of the certificate.
A person against whom a certificate referred to in subsection (1) is produced may, with leave of the court, require the attendance of the President and Chief Executive Officer or the Chairperson of the Appeals Tribunal, as the case may be, for the purpose of cross-examination.
2014, c.49, s.22The Commission and the Appeals Tribunal shall meet two times per year to discuss their activities and issues of mutual concern. 2014, c.49, s.22
The Lieutenant-Governor in Council may make regulations 2009, c.F-12.5, s.62; 2014, c.49, s.23
(a) prescribing the form and use of any records, reports, certificates, declarations and documents as may be required by the Commission,
(a.1) prescribing the form and use of any records, reports, certificates, declarations and documents as may be required by the Appeals Tribunal,
(b) Repealed: 2009, c.F-12.5, s.62
(c) respecting the investment and management of the Accident Fund or the Disability Fund and any other money under the control of the Commission,
(d) respecting conflict of interest, disclosure and divestiture in relation to members of the board of directors and employees of the Commission and enforcement of such provisions,
(d.1) respecting conflict of interest, disclosure and divestiture in relation to members of the Appeals Tribunal and employees of the Appeals Tribunal and enforcement of such provisions, and
(e) for the due administration and carrying out of the provisions of this Act.
2019, c.16, s.62019, c.16, s.6
On or before the coming into force of this section, and every five years after that, a comprehensive review of the provisions of this Act shall be undertaken in a manner determined by the Commission.
Within one year after a review is undertaken, the Commission shall submit a report on the review to the Minister of Post-Secondary Education, Training and Labour, including a statement of any changes that the Commission recommends.
No action, application or other proceeding lies or shall be instituted against the Minister, the Crown in right of the Province, the members of the Workers’ Compensation Board, the members of the New Brunswick Occupational Health and Safety Commission or the board of directors in respect of the transfer and vesting of rights, powers, authority, jurisdiction, privileges, franchises, entitlements, debts, obligations, liabilities, duties, responsibilities, property or interests in property by this Act.
Without restricting the generality of subsection (1), no action, application or other proceeding for dismissal, whether express, implied or constructive, lies or shall be instituted against the Minister, the Crown in right of the Province, the members of the Workers’ Compensation Board, the members of the New Brunswick Occupational Health and Safety Commission or the board of directors in respect of any transfer or vesting of rights, powers, authority, jurisdiction, privileges, franchises, entitlements, debts, obligations, liabilities, duties or responsibilities by this Act.