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Workers' Advisers Program Eligibility Regulations made under Section 274 of the
Workers' Compensation Act
S.N.S. 1994-95, c. 10
O.I.C. 96-902 (December 10, 1996), N.S. Reg. 174/96
Citation, purpose and effect
1 (1) These regulations may be cited as the Workers' Advisers Program Eligibility Regulations.
(2) The purpose of these regulations is to define the criteria that are to be applied by the Workers' Advisers Program in determining eligibility for assistance, advice and representation under the Program.
(3) Nothing in these regulations
(a) confers or is intended to confer a right on any worker to assistance, advice or representation under the Program; or
(b) prevents or is intended to prevent the Program from offering or participating in any program of education, including a program of education that is aimed at assisting workers in acting on their own behalf before the Workers' Compensation Board or the Workers' Compensation Appeals Tribunal.
Criteria of eligibility
2 (1) Subject to subsection (2), assistance, advice and representation under the Program may be provided to a worker where there is a reasonable expectation
(a) of success in the matter; and
(b) of recovery of no less than $500.
(2) Assistance, advice and representation may be refused, suspended or withdrawn, as the case may be, with regard to any worker when that worker, without sufficient reason,
(a) refuses or fails to provide the information or documents needed to assess the matter under subsection (1) or to conduct the matter subsequently;
(b) refuses or fails to provide the information or documents that the worker is required to produce under this Act or the regulations;
(c) refuses or fails to exercise the worker's rights and remedies under the Act and regulations;
(d) refuses or fails to cooperate with the adviser who is rendering assistance, advice and representation, or with the staff of the Program, in the manner that is normal and customary between workers and advisers and staff of the Program;
(e) makes a false statement or conceals information in applying for assistance, advice and representation;
(f) without limiting the generality of the foregoing, refuses or fails to undergo medical examinations that are, in the opinion of the adviser, relevant to the matter; or
(g) has received, in respect of a matter, an amount of assistance, advice and representation that, having regard to the nature of the matter, is unreasonable.
Discretion of chief worker adviser
3 (1) Despite Section 2, the Chief Worker Adviser may, in exceptional circumstances such as, but not limited to, the literacy level of the worker, allow assistance, advice and representation to be provided to workers not otherwise eligible to receive assistance, advice and representation from the Program.
(2) Before allowing a worker to receive assistance, advice and representation under subsection (1), the Chief Worker Adviser must be satisfied that the matter has a real prospect of success and is not frivolous.
4 Nothing in these regulations requires the discontinuation of services to existing clients of the Program or its predecessor, the Workers' Counsellor Program, for matters or issues under appeal as of the date these regulations come into force, but subsection 2(2) applies in respect of all of the clients of the Program.