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Workers' Compensation General Regulations

made under Section 184 of the

Workers' Compensation Act

S.N.S. 1994-95, c. 10

O.I.C. 96-59 (January 31, 1996, effective February 1, 1996), N.S. Reg. 22/96

as amended up to O.I.C. 2009-503 (December 7, 2009), N.S. Reg. 327/2009


Citation

1     These regulations may be cited as the Workers' Compensation General Regulations.

 

1A  (1)    In these regulations “assessable payroll” includes employment earnings reportable to the Canada Customs and Revenue Agency in Box 14 of T4 slips, labelled as “Employment Income” or “Gross Earnings”, but does not include

 

                (a)    earnings in excess of the maximum amount for a worker’s gross annual earnings determined as maximum earnings pursuant to clause 41(c) of the Act;

 

(b) earnings of classes of workers excluded from the Act;

 

(c)employer-funded short and long-term disability benefits;

 

                (d)    employer-funded top-up of workers’ compensation benefits, wage-loss replacement plans, maternity and parental benefits; or

 

                (e)    an amount included in Box 14 of a T4 slip that is an allowance for equipment used at the employee’s expense provided for in subclause 8(1)(i)(iii) of the Income Tax Act (Canada).

 

       (2)    For greater certainty, nothing in these regulations shall be interpreted as limiting the discretion of the Board to determine, for the purposes of Section 9 of the Act, the amount that shall be deemed to be the earnings of a worker, and to determine the assessment to be remitted by a person who is deemed to be an employer pursuant to Section 9 of the Act.

Section 1A added: O.I.C. 1999-619, N.S. Reg. 144/99.


Scope of coverage - inclusion of industries

2     Subject to Sections 3 to 18, employers and workers engaged in, about or in connection with the industries listed in Appendix “A” are subject to the operation of the Act.


Scope of coverage - exclusion of industries

3     Despite Section 2, employers and workers engaged in, about or in connection with the following industries are excluded from the operation of the Act:

 

                (a)    the business of a florist or seedman, seed growing, gardening and horticulture; the keeping or breeding of livestock, poultry or bees; fruit growing; the picking, grading, packing, hauling, handling and storage of fruit or vegetables;

 

                (b)    barber shops and shoe shine establishments;

 

                (c)    undertaking and funeral directing;

 

                (d)    educational institutions, surgical medical, veterinary work and dental surgery;

 

                (e)    taxidermy;

 

                (f)    work upon golf courses, tennis grounds, grounds used for open air sports, games or athletics when performed by workers of the owner or occupier;

 

                (g)    the operation of taxicabs;

 

                (h)    all operations and work carried on by means of a ship, boat or vessel of any kind or performed by the members of the crew thereof, that are not included in the industries listed in Appendix “A” of these regulations; and

 

                (i)     fishing, sealing and dredging before the first day of January, 1970.

 

4     (1)    Subject to subsection (2), marine wrecking, marine salving, the landing, warehousing and caring for property so salved, all operations in or about a ship wrecked, or in distress, and all work incidental to any of the foregoing are excluded from the application of the Act.

 

       (2)    Subsection (1) does not apply if the work is

 

                (a)    performed by an employer who is assessed with respect to any industry which includes such operations;

 

                (b)    carried on by means of a steamship whose general operations at the time are within the application of the Act; or

 

                (c)    performed for the employer by the members of the crew of the ship wrecked or in distress and the industry in which the ship is engaged is at the time within the application of the Act.

 

       (3)    In the cases mentioned in subsection (2), the employer is liable for such special or additional assessment with respect to the operations as the Board may make.

 

5     Every industry which, if carried on by an employer carrying on no other industry, would not be an industry to which the Act applies, is excluded from the application of the Act when it is carried on as a separate business or undertaking by an employer who is also carrying on an industry to which the Act applies.

 

6     (1)    Anything not itself carried on or done by the employer as a business or trade, which but for this Section would be an industry to which the Act applies, is excluded from the application of the Act, except when it is carried on or performed as part of, or as a process in, or as incidental to, an industry to which the Act applies.

 

       (2)    This Section does not apply to any industry carried on by or for a city, town or municipality, or a public utility, or to anything incidental thereto.

 

7     When an industry is carried on by a city, town or municipal corporation, the work in connection with the industry that is performed by the mayor, warden, councillors, aldermen, clerk, treasurer or manager, is excluded from the application of the Act.


Section 8 repealed: O.I.C. 2000-38, N.S. Reg. 17/2000.


Scope of coverage - exclusion of classes of workers

9     (1)    The following persons are excluded from the Act:

 

                (a)    persons whose employment is of a casual nature when they are employed otherwise than for the purposes of the employer's trade or business;

 

                (b)    outworkers;

 

                (c)    persons employed by a city, town or municipal corporation as members of a police force or the fire department; and

 

                (d)    farm labourers or domestic or menial servants or their employers.

 

       (2)    In this Section, “outworker” means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, repaired or adapted for sale in the person's own home or on other premises not under the direct or indirect control or management of the person who gave out the articles or materials.

 

10   All actors, players, artists and entertainers and all members of a company or troupe of actors, players or entertainers and the work performed by them in a theatre or broadcasting station, as well as all work incidental to their engagement or performances are excluded from the application of the Act.

 

11   (1)    Any director or officer of an incorporated company who performs no services for the company except to attend directors' meetings, and the work so performed, are excluded from the Act.

 

       (2)    Where a director or officer of an incorporated company holds the position of President, Vice-President, or any other office and receives no remuneration for services other than such amount as may be allowed to each director of the company for attending directors' meetings, such persons and the work performed by them are excluded from the Act.

 

12   Persons receiving remuneration for soliciting subscriptions for or selling newspapers and other periodicals or for writing editorials, news items or articles or for making collections, but who do not perform any other duties in connection with the newspaper, magazine or other publication and do not in connection with their duties occupy or use any office, room or space in the building in which the newspaper, magazine or publication is printed or in which are editorial, business or other offices, or in which the type is set up or the machinery is installed, are excluded from the application of the Act.

 

13   Persons employed by a telephone company to perform services in a house or building not owned, occupied or controlled by the company and whose time is not wholly devoted during office hours to the work of the employer, are excluded from the application of the Act and the services performed by those employees are excluded from the application of the Act.

 

14   Travelling sales workers when they are the only workers employed in an industry are excluded from the application of the Act.


Scope of coverage - exclusion of class of employers

15   Subject to Sections 16 to 18, every business or undertaking is excluded from the application of the Act until at least three workers are at the same time employed in the business or undertaking.

 

16   Where a business or undertaking is being carried on

 

                (a)    partly by the employer and partly by one or more contractors; or

 

                (b)    entirely by two or more contractors of an employer,

 

the business or undertaking is not excluded from the application of the Act after the time three or more workers are at the same time employed in the business or undertaking.

 

17   When counting the number of workers for purposes of Section 15, “worker” includes

 

                (a)    a person who would be a worker but for the operation of clause 2(ae)(xiii) of the Act; and

 

                (b)    an officer, director or manager of an employer, where the person is

 

                         (i)     actively engaged in the business but not carried on the payroll of the business at the person's actual earnings, or

 

                         (ii)    not actively engaged in the business but carried on the payroll of the business.

 

18   For greater certainty, the definition of “worker” in Section 17

 

                (a)    is made solely for purposes of counting the number of workers for purposes of Section 15;

 

                (b)    does not operate to make a person described in Section 17 a “worker” for purposes of the Act; and

 

                (c)    does not entitle any person described in Section 17 to compensation under the Act.


Occupational diseases

19   The processes, trades or occupations, and the corresponding occupational diseases listed in Appendix “B” are listed for the purposes of subsection 12(3) of the Act.


Earnings

20   (1)    A worker’s gross average earnings are the total of

 

(a)the worker’s regular salary or wages; and

 

                (b)    after the first 26 weeks of earnings-replacement benefits or for purposes of benefits other than earnings-replacement benefits and extended earnings-replacement benefits, income from

 

(i)overtime that is not regular salary or wages, and

 

                         (ii)    federal employment insurance benefits other than those payable as maternity or parental leave benefits.

 

       (2)    For the purposes of calculating net average earnings under subsection 39(1) of the Act, earnings-related expenses shall be deducted from gross average earnings.

Section 20 replaced: O.I.C. 2000-614, N.S. Reg. 195/2000.


Minimum and maximum earnings

21   The gross annual earnings of a member of a volunteer fire department admitted to the operation of the Act pursuant to Section 5 of the Act shall be

 

                (a)    a minimum of $10 200 dollars, and

                (b)    a maximum of the amount determined as maximum earnings pursuant to clause 41(c) of the Act.

 

22   (1)    In this Section, “average industrial wage for Nova Scotia” means the wage reported by Statistics Canada as ‘Average weekly earnings, for all employees, industrial aggregate, Nova Scotia’, for the 12-month period ending March 31 in the preceding calendar year.

 

       (2)    Subject to subsection (3), the percentage for purposes of clause 41(c) of the Act is 135.7%.

Subsection 22(2) amended: O.I.C. 96-695, N.S. Reg. 153/96; O.I.C. 2009-503, N.S. Reg. 327/2009.

 

       (3)    The amount derived by multiplying the average industrial wage by 135.7% shall, for purposes of Sections 41 and 124 of the Act, be rounded to the nearest $100.

Subsection 22(3) amended: O.I.C. 96-695, N.S. Reg. 153/96; O.I.C. 2009-503, N.S. Reg. 327/2009.


Annuities

23   (1)    In this Section,

 

                (a)    “principal” means the amount reserved by the Board as an annuity pursuant to Sections 50 or 66 of the Act; and

 

                (b)    “recipient” means the person entitled to receive an annuity pursuant to the Act.

 

       (2)    Where the principal and accrued interest is less than $10 000 at the time the annuity becomes payable, the Board shall, unless the recipient requests otherwise, pay the principal and interest to the recipient in a lump sum.


Survivor benefits

24   The maximum amount payable pursuant to clause 60(1)(a) of the Act for the necessary expenses of burial of the worker is $5000, provided

 

                (a)    application has been made for burial expenses payable pursuant to the Canada Pension Plan; and

 

                (b)    payment for burial expenses under the Canada Pension Plan has been made or refused.

 

25   The maximum amount payable pursuant to clause 60(1)(b) of the Act for transportation of the body of the worker is:

 

                (a)    $500, where the place of death is within the Province; or

 

                (b)    an amount equal to the actual expenses of transportation, where the place of death is outside the Province.

 

26   The amount of the death benefit payable pursuant to subclause 60(1)(c)(i) of the Act is $15 000.

 

27   The amount of the dependent-child benefit payable pursuant to clause 60(1)(d) of the Act is $196 per month.


Supplementary benefits

28   In Sections 29 to 33,

 

                (a)    “applicant” means a worker, dependent spouse or invalid child who

 

                         (i)     satisfies the criteria in clauses 227(4)(a), (b) and (c) of the Act, and

 

                         (ii)    has made an application pursuant to clause 29(1)(a);

 

                (b)    “average industrial wage for Nova Scotia” means the wage reported by Statistics Canada as ‘Seasonally Adjusted Estimates of Average Weekly Earnings, for all employees, industrial aggregate, Nova Scotia’, for the 12-month period ending June 30 in the same calendar year as the commencement of the benefit year;

Original clause 28(b) relettered (c) and clause 28(b) added: O.I.C. 2002-539, N.S. Reg. 146/2002.

 

                (c)    “benefit year” means the period beginning on October 1 and ending on September 30, in every year;

Clause 28(b) relettered (c) and amended: O.I.C. 2002-539, N.S. Reg. 146/2002.

 

                (d)    “CPP/QPP” means the Canada Pension Plan or Quebec Pension Plan; and

Clause 28(c) relettered (d): O.I.C. 2002-539, N.S. Reg. 146/2002.

 

                (e)    “supplementary benefit” means the benefit described in subsection 227(4) of the Act.

Clause 28(d) relettered (e): O.I.C. 2002-539, N.S. Reg. 146/2002.

 

29   (1)    A supplementary benefit shall not be paid unless an applicant

 

                (a)    applies in writing to the Board; and

Clause 29(1)(a) replaced: O.I.C. 2002-539, N.S. Reg. 146/2002.

 

                (b)    provides the Board with the information required by the Board from time to time for determining eligibility for the supplementary benefit.

Clause 29(1)(b) replaced: O.I.C. 2002-539, N.S. Reg. 146/2002.

Subsection 29(1) amended: O.I.C. 2002-539, N.S. Reg. 146/2002.

 

       (1A) Despite clause (1)(a), an applicant in receipt of a supplementary benefit on October 1, 2002, shall not be required to apply for a supplementary benefit for the benefit year commencing on October 1, 2002.

Subsection 29(1A) added: O.I.C. 2002-539, N.S. Reg. 146/2002.

 

       (2)    An applicant who is an injured worker is eligible for a supplementary benefit if the worker

 

                (a)    is receiving a CPP/QPP disability pension for the worker's compensable injury; or

 

                (b)    would, in the opinion of the Board, be eligible for a CPP/QPP disability pension for the worker's compensable injury but for insufficient contributions or lack of contributions to CPP/QPP.

 

       (3)    An applicant is eligible for a supplementary benefit until the month after the month in which the applicant attains the age of sixty-five years.

 

       (4)    A supplementary benefit is payable as of the first day of the month in which application for the supplementary benefit is made, but shall not be payable earlier than October 1, 2002.

Subsection 29(4) amended: O.I.C. 2002-539, N.S. Reg. 146/2002.

 

30   (1)    Despite subsection 29(4), a supplementary benefit is payable as of any date fixed by the Board that is earlier than the date fixed by subsection 29(4), if an applicant satisfies the criteria in clauses 227(4)(a), (b) and (c) of the Act on the date Section 227 of the Act is proclaimed in force.

Subsection 30(1) amended: O.I.C. 2002-539, N.S. Reg. 146/2002.

 

       (2)    A date fixed by the Board pursuant to subsection (1) shall not be earlier than October 1, 2002

Subsection 30(2) amended: O.I.C. 2002-539, N.S. Reg. 146/2002.

 

32   The amount of a supplementary benefit is the amount necessary to increase an applicant’s individual annual personal income to an amount equal to one-half of the average industrial wage for Nova Scotia.

Section 32 replaced: O.I.C. 2002-539, N.S. Reg. 146/2002.

 

33   (1)    An applicant’s individual annual personal income is the applicant’s total income for the calendar year preceding the benefit year minus income received that year in the form of a supplementary benefit from the Board.

 

       (2)    For the purposes of subsection (1), an applicant’s total income for the calendar year is as defined by the Canada Customs and Revenue Agency for purposes of individual income tax returns.

Section 33 replaced: O.I.C. 2002-539, N.S. Reg. 146/2002.


Posting of notices

34   Every employer shall post and keep posted in conspicuous places within easy access of the employer's workers

 

                (a)    any card, notice or printed information which the Board directs the employer to post; and

 

                (b)    a notice informing the employer's workers of the nearest location at which a copy of the Act can be viewed or obtained.


Assessments

35   (1)    Unless otherwise approved by the Board, an employer shall

 

(a)report the employer’s assessable payroll; and

 

                (b)    remit assessments in respect of the employer’s assessable payroll

 

to the Board on a periodic basis at the same time as the employer is required to report and remit to the Canada Customs and Revenue Agency for the purposes of income tax, Canada Pension Plan contributions, and employment insurance premiums.

 

       (2)    For the purposes of clause (1)(a), subject to subsection 1A(2), assessment premiums shall be determined by multiplying the employer’s assessable payroll by the applicable assessment rate per hundred dollars of assessable payroll.

Section 35 replaced: O.I.C. 1999-619, N.S. Reg. 144/99.

 

36   Where an employer fails to register with the Board upon becoming an employer, the employer is liable to a penalty equal to 10% of the employer's assessment, including the assessment levied for the period of non-registration.


37   (1)    Where an employer fails to report to the Board

 

(a) the employer's assessable payroll; or

 

                (b)    any information required by the Board pursuant to Section 127 of the Act,    

 

the employer is liable to a penalty equal to 10% of the assessment premium for the reporting period.

 

       (2)    For purposes of subsection (1), the penalty may be increased to 20% if the Board determines that the employer

 

                (a)    has wilfully misrepresented information; or

 

                (b)    failed to report in accordance with subsection 35(1) more than once in a 12-month period.

 

       (3)    If no assessment premium is remitted by the employer when a remittance is required pursuant to subsection 35(1), the penalty referred to in subsection (1) may be based on the weighted average assessment premium for the employer during the previous 12 months, and months with no assessable payroll shall not be included in the average.

Section 37 replaced: O.I.C. 1999-619, N.S. Reg. 144/99.

 

38   Where an employer does not pay an assessment within the time required by the Board, the employer is liable for interest on the balance owed calculated at the rate set out in Sections 4301 and 4302 of the Income Tax Regulations (Canada).

Section 38 replaced: O.I.C. 1999-619, N.S. Reg. 144/99.

 

39   Where an employer under-reports the assessable payroll in a report provided to the Board pursuant to subsection 35(1), the employer is liable for a penalty of

 

                (a)    10% of the difference between the actual assessment required pursuant to Section 35 and the assessment as originally calculated; and

 

                (b)    interest calculated at the rate set out in Sections 4301 and 4302 of the Income Tax Regulations (Canada).

Section 39 replaced: O.I.C. 1999-619, N.S. Reg. 144/99.


Section 40 repealed: O.I.C. 1999-619, N.S. Reg. 144/99.




Appendix “A”

and any occupation incidental to or immediately connected with any of the industries or operations mentioned above.
Appendix "A" amended: O.I.C. 2000-38, N.S. Reg. 17/2000.

 

Appendix “B”

 

Description of diseases Description of process
anthrax handling of wool, hair, bristles, hides and skins
carbon monoxide poisoning any process of work involving exposure to carbon monoxide
lead poisoning or its sequelae any process involving the use of lead or its preparations or compounds
mercury poisoning or its sequelae any process involving the use of mercury or its preparations or compounds
phosphorus poisoning or its sequelae any process involving the use of phosphorus or its preparations or compounds
arsenic poisoning or sequelae any process involving the use of arsenic or its its preparations or compounds
ankylostomiasis mining
subcutaneous cellulitis of the hand (beat hand) mining
subcutaneous cellulitis over the patella (miner's beat knee) mining
acute bursitis over the elbow (miner's beat elbow) mining
frostbite any outdoor work
dermatitis venenata any industrial process involving the handling or use of irritants capable of causing or producing dermatitis venenata
epitheliomatous cancer or ulceration of the skin due to tar, pitch, bitumen, mineral oil or paraffin or any compound, product or residue of any of these substances handling or use of tar, pitch, bitumen, mineral oil or paraffin, or any compound, product or residue of any of these substances
coal miners' pneumonoconiosis coal mining
tenosynovitis (simple) any process involving constantly repeated vibration or excessive use of muscles of arm, forearm, hand, leg, ankle or foot
any disease or disability due to exposure to X-rays, radium, or other radioactive substances any process in the refining of radium or other radioactive substances or involving exposure to X-rays