Table of Concordance, WSIA 1997 to WCA 1990

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Table of Concordance
Workplace Safety and Insurance Act/Workers' Compensation Act
WSIA Section Reference Topic
(As set out in WSIA)		 Topic
(As set out in WCA)		 WCA Section Reference
Part I:
Interpretation
1 Purpose Purpose 0.1
2 Definitions do not include WCA definitions of accident fund, average earnings, construction, contributions to employment benefits, disability, employment, invalid, manufacturer, medical referee, member of the family, member of municipal volunteer fire brigade, outworker, spouse Definitions 1
Part II: Injury and Disease Prevention
3 Application New Can look at s.139
4 Functions of the Board New  
5 Advisory Council New  
6 Safe Workplace Associations, etc. New Can look at ss. 135, 136
7 Designated Entities New  
8 Appointment of an Administrator New  
9 Fees New Can look at 135
10 First Aid Requirements First Aid Appliances may be directed by the Board 50(10)
Part III:Insurance Plan
11 Insured Workers Definitions, Application of part I 1(1) (Outworker, worker), 139
12 Deemed Workers Person who may be deemed to be a worker 13
13 Insured Injuries exception: employment outside Ontario, mental stress Compensation 4
13(3) Exception, employment outside Ontario Accidents excluded 8(7)
13(4), (5) Exception, mental stress, Same New  
14 Restriction re chronic pain New  
15 Occupational Diseases restriction silicosis, pneumoconiosis Occupational Disease 134
16 No waiver of entitlement Right to Compensation may not be waived 18
17 Serious & Wilful Misconduct Serious & wilful misconduct 4(7)
18 Employment outside Ontario Accident while worker employed outside Ontario 8
19 Accident outside Ontario Accident while worker employed outside Ontario 8
20 Obligation to Elect. Concurrent entitlement, outside Ontario Obligation to Elect. Election where compensation payable outside Ontario 9. 9. 1
Notice of Accident and Claim for Benefits
21 Notice by Employer of Accident Employers to give notice of accidents 133
22 Claiming for benefits, worker New & Notice of Accident 22
23(1) & (2) Continuing obligation to provide information New  
23(3) Notice of material change in circumstances Material change in circumstances 22.1
Wages and Employment Benefits
24 Wages for day of accident Wages for day of accident 4(2), 4(5), 4(6)
25 Employment Benefits Employment benefits for injured workers 7
Rights of Action
26 No Action for benefits No action to be brought to recover compensation 14, 16
27 Application of certain sections Right of action against employer in Schedule 1 10(9), 10(10)
28 Certain rights of action extinguished Right of action against employer in Schedule 1, Schedule 2 10(9), 10(10), 10(12), 16
29 Liability where negligence, fault Damages 10(11) - (12)
30 Election, concurrent entitlements Where worker entitled to action against person other than employer 10(1) (2) (3)-(8)
31 Decisions re rights of action & liability Automobile accidents (death benefits), Determination of right to bring action 10(17), 10(19), 17
31(4) & (5) Claim for benefits, Extensions of time New Can look at 22(5)
Part IV: Health Care
32 Definition Definition 50(2)
33 Entitlement to Health Care Entitlement to Health Care 50(1), (4)-(8)
34 Duty to Co-operate New Can look at 37(2)(b)(i)
35 Board request for health examination Medical examination, failure to be examined 69(3)-(4)
36 Employer request for health examination Medical examination 23
37 Reports re health care Medical reports 51
38 Transportation to Hospital, etc. Duty of employer to furnish transportation 50(11)
39 Repair to Assistive Devices Payment for repair of artificial member or apparatus 50(3)
Part V: Return to Work
40 Duty to cooperate in return to work New  
40(8) Transition, Vocational Rehabilitation New  
41 Obligation to reemploy Obligation to re-employ 54
41 (8) - (9) Construction Industry requirements New Can look at 54(9)
41(10) Effect of Termination New Can look at 54(10)
42 Labour Market Re-entry Assessment New  
Part VI: Insured Payments
Compensation
43 Payments for loss of earnings When compensation payable. Total temporary disability, maximum earnings 36, 37, 39, 43
44 Review re loss of earnings New Can look at 43(8) and (13)
45 Payments for loss of retirement income Benefits for loss of retirement income 44
45(3) - (4), (9) - (10) Contribution by worker New  
45 (11) Annual Statements New  
46 Compensation for Non-economic loss Non-economic loss where permanent impairment 42(1) - (4)
47 Degree of permanent impairment Non-economic loss where permanent impairment 42(5) - (25)
47(9) Request to redetermination New Can look at 42(21) - (23)
47(13) Permanent Impairment New  
48 Death Benefits Compensation in case of death 35-36, 38-39
48(5) Exception New  
48(9) - (11) LMR for spouse New Can look at 35(2) - (3)
48(12) Bereavement Counselling New  
Annual Adjustments
49 General Indexing Factor New Can look at 148
50 Alternative Indexing Factor Alternative Indexing Factor 148 (1.3)
51 Indexation of amounts in the Act Indexing Factor, Exceptions 148(2), 149
52 Annual adjustment of payments Annual redetermination of net average earnings 148, 151
Ancillary Matters
53 Average earnings Average earnings 40
53 1(a) Average earnings New Can look at 40(1)(a) & 40(3)
53(2) Exception Special Expenses 40(5)
53(3) Recalculation New  
53(4) Apprentices Apprentices, Learners, Students 40(6)
53(5) Emergency Workers Definitions 1(2)
53(6) Recurrence Further Benefits 40(7)
54 Maximum amount of average earnings Maximum Earnings 38
55 Net Average Earnings Net Average Earnings, Annual Redetermination 41, 151
Administration
56 Effect of payment etc. from employer Matters to be considered in fixing payments 45
57 Worker's access to records Access to records of worker 71
57(2) Access by Beneficiary Access to records 71(1)
58 Employer's access to records Access to records by employer 71(3) - (4)
59 Employer's access to health records Access to records of worker, confidential 71(5) - (7)
60 Payments to incapable persons, minors Payments in case of minors, etc. 49
61 Payments owing to deceased workers New  
62 Frequency of payments, commutations, advances Payment of compensation, Provision for fortnightly or monthly payments, Commutation of payments, Advances on payments 43(14) & 46, 43(15), 27, 47
63 Agreements re payments Agreement as to compensation not valid unless approved by the Board 19
64 Benefits not assignable etc. Compensation not assignable or liable to attachment 21
65 Deduction for family support Garnishment for family support 48
66 Suspension of payments Compensation not assignable or liable to attachment 21
65 Deduction for family support Garnishment for family support 48
66 Suspension of payments Compensation not payable during suspension 34
Part VII: Employers and their Obligations
articipating Employer
67 Participating Employers Definitions, Application of Part 1 1.139
68 Trade of municipal corporations Definitions 1(3)
69 Training agencies and trainees Training Agencies 3.1
70 Deemed employer, volunteer fire or ambulance brigade Definitions 1(4)
71 Deemed employer, emergency workers Definitions 1(2)
72 Deemed employer, seconded workers Definitions, seconded Workers 1, 3
73 Deemed status, illegal employment of minor Injury to Minor 104
74 Declaration of deemed status Additions to Schedule 1, Additions to Schedule 2 107, 108
Registration and Information Requirements
75 Registration Employer Registration, Statement to be furnished by employer 108.1 & 109(2)
76 Notice of change of status New Can look at 109.1
77 Material Change in circumstances Material Change in Circumstances 109.1
78 Annual Statements Statements to be furnished by employers. Failure to make returns or pay assessments 109, 127
79 Certification requirement Statement to be furnished by employer 109(1), (2)
80 Record-Keeping Employer to keep account of wages paid 109(3)
Calculating Payments by Employers
81 Premiums, all Schedule 1 employers New Can look at 116, 117(2), 118(1)
81(2) Apportionment among classes New Can look at 116, 117(2)
81(3) Premium Rates Assessment Levying 116(1)
81(4) Same Apportionment of burden, Assessments need not be uniform 103(2) & 117(2)
81(5) Method of determining premiums New Can look at 118(1)
81(6) Bases for calculation Assessment levying, Rate of assessment to be fixed by the Board 116(1) & 118(1)
82 Adjustment in premiums for particular employers Separate accounts are to be kept for each class, Power to increase the amount of assessment, Merit System 103(4) - (7), (9)
83 Experience and merit rating programs Experience and Merit rating programs 103.1
84 Transfer of costs Rights of action against Schedule 1 employer 10(9)
85 Payments by Schedule 2 employers New Can look at 137(1)
86 Penalty - Failure to cooperate Same. Penalty 103(4.1) - (4.2) & 137(4)
87(1) Notice to employers Rates of Assessment 118
87(2) Notice to employers New Can look at 137(1)
87(3) Liability if no notice Employer not assessed 122
Payment Obligations of Schedule 1 employers
88(1) Payment of premiums Rate of assessment to be fixed by the board 118
88(2) No liability for benefits New 5
88(3) Maximum Earnings Deduction from payroll 117(1)
88(4) Error in calculation Revision of assessments 118(3)
88(5)-(6) Penalty for error, relief Assessment may be added to correspond with payrolls 112
89(1) Default in paying premium Additional percentage for non-payment of assessment 126
89(2) (3) Cost of Benefits, Exception Failure to mark return or pay assessment 127
Payment Obligations of Schedule 2 Employers
90 Payment of Benefits Employers Individually Liable 6, 28, 31(2)
91 Payments re expenses of the Board Contribution by employers individually liable 137(1)
92 Deposit by Schedule 2 employers Requiring deposits by Schedule 2 employers 32, 137(2)
92(3) Investments Investments 137(2)
93 Direction to insure workers Board may require employer to insure worker, Where employer insured... 29, 30(1), 30(2)
Obligations in Special Circumstances
94 Schedule 2 employers, occupational disease Occupational Diseases 134
95 Increases in benefits Provision for funds to pay increased compensation 33(1), 33(2)
Part VIII: Insurance Fund
96 Insurance Fund How accident fund to be provided, sufficiency of accident fund to be maintained, assessment levying 1, 99, 101, 116
96(4) Direction re sufficiency of fund LC may require supplemental assessments 124
96(7) Transition New  
97 Reserve Fund Reserve Fund, Formation of reserves 102, 125
97(5) - (7) Responsibility for agent, Standards for agent New  
98 Special reserve fund Special Fund 120(2)
99(1) Deficiency in Premiums All classes may be assessed 120(1)
99(2) Apportionment of payment Where deficiency made good 121
99(3) Continued Liability Employer Liability to pay unpaid sums 123
100 Exceptional Circumstances Payments of compensation out of reserves or Consolidated Revenue Fund 100
Part IX: Transition Rules
Interpretation
101 Definitions Definitions - Transitional NEW
Pre-1998 Injuries
102 Continued application of pre-1997 Act

Pre- 1985

Pre- 1989

145

146
103 Maximum medical rehabilitation New  
104 Death Benefits New  
105 Temporary partial disability New  
106 Non-economic loss where permanent impairment New  
107 Compensation for future loss of earnings New  
108 Vocational Rehabilitation New  
109 Restoring Rights New  
110 Permanent Partial Disability Supplements New  
111 Indexation of compensation New  
112 Jurisdiction of Appeals Tribunal New  
Part X: Uninsured Employment
113 Application Application of ss. 141, 142 140
114 Employer's liability Liability of employer for defective ways, works, etc. 141
115 Liability of Owner Liability of person applying defective ways, works, plants etc. 141(2) & (3)
116 Voluntary Assumption of Risk Effect of continuance in employment after knowledge. Certain common law rules abrogated 141 (4), 142(1) & (2)
116(2) Certain common law rules abrogated Certain common law rights abrogated 142
117 Insurance Proceeds See Workers Compensation Insurance Act  
Part XI: Decisions and Appeals
Decisions by the Board
118 Jurisdiction General Jurisdiction of the Board 69
119 Principle of decisions Principle of Decisions, Decisions to favour claimants 4(4), 73
120 Objection to Board decision New  
121 Power to reconsider Power to reconsider 70
122 Mediation Mediation 72.1
Appeals Tribunal
123(1) Jurisdiction Jurisdiction 86(1), 94
123(2) Same New  
123(3) Decisions on an appeal Powers of appeals tribunal 91(1)
123(4) - (5) Finality of decision Idem 86(3)
124 Principle of decision Application of certain sections 73, 92
124(2) Same Decisions to favour claimant 4(4)
124(3) Hearings New  
125 Right of appeal Appeals, Notice 94(1), 89
125(2) Notice of Appeal New  
126 Board policies New  
127 Time limit for decisions New  
128 Periodic payments pending decisions Payments pending appeal 89(2)
129 Power to reconsider Application of certain sections 70, 92
130 Mediation New  
Procedural & other Powers
131 Practice and Procedure Practice and Procedure of the Board, Rules, Application of certain sections, Determination of issues by Board 72, 90, 91, 92
132 Powers re proceedings Special Powers of the Board 74, 92
133 Payments of expenses of witnesses etc. Specific powers, Application of certain sections 74(c), 92
134 List of health professionals List of Health Professionals 87
Part XII:
Enforcement
Powers of Examination & Investigation
135 Examination, etc. of records Examination of accounts and books of employer. Board to have right to inspect premises of employer 111, 113
136 Powers of examiners Examination of accounts and books of employer 111
Enforcement of Payment Obligations
137 Security for payment New Can look at 31(2) & 130
138 Right of set-off Collection of Debt 66
139 Enforcement through the courts Enforcement of orders of the Board, Collection of Unpaid Assessments 75(1), 128
140 Enforcement through municipal tax rolls Board may collect assessments through municipal assessors 129
141 Contractor & subcontractors Employers & Contractors 11
142 Lienholder under Construction Lien Act Liability of owner under Construction Lien Act 131
143 Licensee, Crown Forest Sustainability Act Liability of licensee to pay assessments 12
144 Preference upon certain distributions Distribution of assets 132
145 Lien upon property Lien, Notice of Lien 132(3)-(4)
146 Obligations of successor employers New  
147 Overpayments Overpayments, Overpayments to employers 21.1 & 130.1
148 Enforcement policies New  
Offences & Penalties
149 Offence, false or misleading statement Offence, false & misleading statements 161
150 Offence, confidential information Offence, Confidential Information 155
151 Offence, employer registration Offence, Employer Registration 156
152 Offence, statements and records Offence, Statements and records 157
152(3) Offence, Notice of Accident Offence, Notice of Accident 160
153 Offence, obstruction Offence, obstruction 158
154 Offence, security for payment Offence, payments 159
155 Offence, deduction from wages Deduction not to be made from wages, Offence, deduction from wages 20(1), 152
155(2) Offence, contribution from workers Offence, contribution from workers 153
156 Offence, regulations Offence, regulations 154
157 Offence by director, officer Offence, by director, officer 162
158 Penalty Penalty 163
158(2) Fines Fines 164
Part XIII: Administration of the Act
Workplace Safety and Insurance Board
159 Board continued Board continued 55
159(2), (5) Powers Powers of the Board 65(3)
159(6) Acquisition of real property Power to acquire real property 64
159(3)-(4) Employees, commencement New  
159(7)-(9) Agreements to cooperate, agreements to exchange information Powers of the Board 65(3)(h), (i), (k)
159(10) Agreements re cost sharing Agreements for cost sharing 134(13)
159(11) Same. Industrial Noise Claims Agreements for sharing costs of industrial noise claims 134(14)
159(12) Corporations Act not to apply Corporations Act not to apply 55(2)
160 Agreement re duplication of premiums Authority to avoid duplication of assessments 8(8)
161(1) Duties of the Board New  
161(2) & (3) Duty to evaluate proposed changes, Duty to monitor Evaluation of proposed changes, duties 65(3.1 & 3.2)
162 Board of Directors Governance 56
162(3) Remuneration Remuneration of Board of Directors 57
162(4) Meetings of the board Meetings 65(1)
162(8) & (9) Restriction on Investment New Can look at 60
162(10) & (11) Exceptions, trustees New  
163 Duties of the Board of Directors Duties of Board of Directors 58
164 Delegation Delegation 65(4)
165 Offices of the Board Offices of Board 61
166 Memorandum of understanding Memorandum of Understanding 65.2
167 Policy directions Policy directions 65.1
167(3) Report Report 65.1(3)
168 Value for money audit Audit of accounts 77(2) - (4)
169 Audit of accounts Audit of accounts 77(1)
170 Annual report Annual report 78(1) & (2)
171 Employees' pension plan continued Superannuation plan continued 68
172 Mine Rescue Stations    
Workplace Safety and Insurance Appeals Tribunal
173 Appeals Tribunal Continued Appeals Tribunal continued, Composition of Appeals Tribunal, Chair 80, 81(2) & (3), 82
173(3) Chair and Chief Executive Officer Chair 82
173(7) Restrictions on investments Disqualification in certain cases 60
174 Hearing of Appeals Composition of Appeals Tribunal, Quorum, Panels 81, 83, 84
175 Continuing Authority Effect of resignation, expiry of term 85
Offices of the Worker and Employer Advisers
176 Office continued Office of the Worker Advisor, Office of the Employer Advisor 96, 97
General
177 Committee of employers Committee of employers 136
178 French Language Services French language services 98
179 Immunity Compellability in a civil suit 42(26), 51(5), 76(3), 76(4), 88(2), 88(3), 96(5), 97(4), 115
180 Compellability of Witnesses Compellability in a civil suit. Application of s.76 76, 88, 97(4)
180(4) Privileged Reports Reports privileged 51(5), 115
181(1) & (2) Prohibition re disclosing information Information obtained not to be divulged 114
182 Evidence of Decisions Certified copies of records 67
183(1) Regulations Power of board to make regulations 63(1) - (2)
183(2) Regulations, Schedule 1 & 2 Regulations re Schedule 1 & 2 103
183(3) Same, Schedule 3 & 4 New Can look at 134(17)
183(4) Declaration re disease Additional occupational disease 134(17)
183(5) Classes, etc. New  
183(6) Retroactivity New  
184 Commencement New  
185 Short Title New