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Workers' Advisers Program Transitional Regulations made under Section 274 of the
Workers' Compensation Act
S.N.S. 1994-95, c. 10
O.I.C. 96-903 (December 10, 1996), N.S. Reg. 175/96
1 These regulations may be cited at the Workers' Advisers Program Transitional Regulations.
2 The purpose of these regulations is to provide for the orderly transition of active files from the offices of temporary advisers to the Workers' Advisers Program, where a worker who is eligible for the Program wishes to have the benefit of an adviser without cost to the worker.
3 In these regulations, "temporary adviser" includes a workers' counselor who was appointed pursuant to the former Workers' Compensation Act, chapter 508 of the Revised Statutes of Nova Scotia, 1989, as of the date of its repeal.
4 (1) The Chief Worker Adviser may provide any temporary adviser with notice respecting
(a) requirements for the orderly transition of the temporary adviser's clients to the Program, and
(b) the cessation of the temporary adviser's remuneration from the Program, by a specified date which may be earlier but not later than February 6, 1998.
(2) The notice referred to in subsection (1) shall be in writing and shall identify
(a) the date upon which the Program's commitment to fund the work of the temporary adviser will end, and may separately specify dates affecting new clients or existing clients;
(b) the date upon which all accounts must be submitted for consideration by the Chief Worker Adviser, and may separately specify dates in relation to fees and disbursements incurred; and
(c) the terms and conditions, if any, which the temporary adviser must meet before the Program will accept responsibility for the continued representation of a worker or make final payment of remuneration otherwise due to the temporary adviser.
5 Subject to clause 6(d), a temporary adviser designated under Section 273 of the Act will receive no remuneration under the Act in respect of
(a) work performed by the temporary adviser after a date established in a notice given under clause 4(2)(a); or
(b) invoices for fees or disbursements which are not submitted to the Chief Worker Adviser by a date established in a notice given under clause 4(2)(b), regardless of when the work was performed.
6 Nothing in these regulations
(a) prevents or is intended to prevent the Program from assuming responsibility for representation of, or advice and assistance to a worker if the worker is entitled to services under the Program and the temporary adviser has discharged the temporary adviser's obligations to the worker;
(b) creates or is intended to create an obligation on the Program to assume any responsibility of a temporary adviser to represent a worker or to pay for disbursements incurred by the temporary adviser but not expressly approved by the Chief Worker Adviser;
(c) confers or is intended to confer a right on any worker to assistance, advice or representation under the Program; or
(d) prevents or is intended to prevent payment to a temporary adviser of a fee or disbursement incurred in respect of a worker after a date established in a notice given under Section 4, where
(i) whether or not the temporary adviser is designated under subsection 273 of the Act, the temporary adviser has been engaged under Section 266 of the Act, and
(ii) the fee or disbursement falls within the terms of the engagement approved by the Chief Worker Adviser under Section 266 of the Act.