Table of Concordance, WCA 1990 to WSIA 1997

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CONCORDANCE DOCUMENT
WCA/WSIA
Workers' Compensation Act Topic
(As set out in WCA)		 Topic
(As set out in WSIA)		 Workplace Safety & Insurance Act
0.1 Purpose Purpose, Participating Employers 0.1.11. 67
1(3) Definitions Trade of municipal corporations 68
1 Definitions Definitions, Training Agencies, Municipal Corporations, Ambulance, Emergency workers, seconded Worker, Minors 2, 68, 69, 70, 71, 72, 73
2 Schedules    
3 Seconded Workers/Training Agencies Training Agencies & Trainees, Deemed Employer - seconded worker 69, 72
3.1 Training Agencies Training Agencies & Trainees 69
4 Compensation, wages on Day of... Insured workers, Insured injuries (presumptions, exceptions) 11, 13, 24, 25, 48
4(2) Wages for day of Accident Wages for day of Accident 24(1)
4(3) Presumptions Insured Injuries 13(1)
4(4) Decisions to favour claimant Same 123(2), 124(2)
4(5)(6) Payment under subs. (2) Payment by Board 24(2)
4(7) Serious and wilful Misconduct Serious & Wilful Misconduct 17
    Restriction on chronic pain 14
5 Employers Liable to Contribute to Accident Fund Payment Obligations 88(2)
6 Employers Individual Liability Payment of benefits 90
7 Employer Benefits for Injured Workers Employment Benefits 25
8 Accident while worker employed outside Ontario Employment outside Ontario, Accident outside Ontario 18, 19
8(7) Accidents excluded Exception, Employment outside Ontario 13(3)
8(8) Authority to avoid duplication of assessments Agreement re duplication of premiums 160
9 Where Compensation payable by law of foreign country, worker to elect Obligation to Elect 20
9.1 Election where compensation Payable outside Ontario Obligation to Elect 20
10 Worker entitled to action against person other than employer Liability where negligence, fault 29, 30, 31
10(9), (10) Right of action against Schedule 1 employer, Transfer to costs Certain rights of action extinguished 27, 28, 84
10(11), (12) Worker entitled to action against person other than employer Liability where negligence, fault 28, 29
11 Employers and Contractors Contractors & Subcontractors 141
12 Liability of Licensee to Pay Assessments Licensee, Crown Forest Sustainability Act 143
13 Person may be deemed to be a worker Deemed workers 12
14 No Action brought to recover compensation No action for benefits 26, 27, 28
15 Worker resides outside Ontario entitled to comp    
16 Provisions of Act in lieu of rights of action against employer Certain rights of action extinguished 18, 26, 28
17 Determination of right to bring action Decisions re: rights of action and liability 31
18 Right to compensation may not be waived No waiver of entitlement 16
19 Agreement as to comp. Not valid unless approved by Board Agreements re: payments 63
20 Deduction not to be made from wages Offence, deduction from wages 155
21 Comp. not assignable or liable to attachment Benefits not assignable 64
21.1 Overpayments Overpayments 147
22 Notice of Accident Notice by employer of accident, Claim for benefits by worker 21,22
22.1 Material Change in Circumstances Notice of material change of circumstances 23(3)
23 Medical Examination Employer request for medical examination 36
    Board request for medical examination 35
24 Special medical treatment in certain cases    
25 Review of Compensation Review of loss of earnings 44
26 Increase in compensation to worker under 21    
27 Commutation of Benefits Frequency of Payments, Commutations 62
    Suspension of Payments 66
28 Board may require employer to pay sum sufficient to commute Payment of Commuted Value, etc. 90(3) - (5)
29 Board may require employer to insure workers Direction to insure workers 93
30 Where employer insured, Board may require insurer to pay Payment to employer 93(4)
31 Permanent Impairment - payment of capital sum Payment of Benefits, Deposit by Schedule 2 employer 90, 92
32 Requiring deposits from Schedule 2 employers Deposit by Schedule 2 employers 92
33 Provision for funds to pay increased compensation Increases in Benefits, Security for payment 95, 137
34 Compensation not payable during suspension Suspension of payments 66
35 Compensation in case of death Death Benefits 48, 104
36 When compensation payable Payments of loss of earnings 43
37 Temporary total disability Amount 43(2)
    Review of loss of earnings 44
37(2)   Temporary partial disability 101, 105
38 Maximum earnings Maximum amount of average earnings 54
39 Minimum compensation Amount 4
3(2)
40 Average Earnings Average earnings 53
41 Net average earnings Net average earnings 55
    Maximum medical rehabilitation 103
42 Non-economic Loss Compensation for non-economic loss 46
    Degree of permanent impairment 47
    Non-economic loss where permanent impairment 106
42(26)   Immunity 179
43 Compensation for Future loss of earnings Payment of loss of earnings, Compensation for future loss of earnings 43, 107
43(14) (15) Payment of compensation, commutation of payments Frequency of payments 62
44 Benefits for loss of retirement income Payments for loss of retirement income 45
45 Matters to be considered in fixing payments Effect of payment from employer 56
46 Provision for fortnightly or monthly payments Frequency of payments 62
47 Commuting compensation for lump sum Commutation of payments 62(2)
48 Garnishment for family support Deduction for family support 65
49 Payments in case of minor Payments to incapable persons, minors 60
50 Health Care Definition, Entitlement 32, 33
50(3) Payment for repair of artifical member Repair to assisted devices 39
50(10) First Aid Appliances may be directed by the Board First Aid Requirements 10
50(11) Duty of employer to furnish transportation Transportation to hospital, etc. 38
51 Medical reports Reports re: health care 37
    Duty to cooperate 34
    Transportation to Hospital 38
    Repair to assisted devices 39
51(5)   Immunity, Reports 179, 180(4)
52 Rehabilitation    
53 Vocational Rehabilitation Vocational Rehabilitation 108
    Return to Work 40, 41, 42
    Labour Market Re-entry Plan 42
54 Obligation to Re-employ Obligation to re-employ 41
    Penalty for Failure to Cooperate 86
55 WCB - Board continued Board continued 159
55(2) Corporations Act not applying Corporations Act 159(12)
56 Governance Board of director 162
57 Remuneration of Directors Remuneration 162(3)
58 Duty of Board of Directors Duties of Board/of Board of Directors 163, 165
59 Repealed    
60 Disqualification in certain cases Restriction on Investment 173(7), can look at 162(8)
61 Offices of Board Offices of the Board 165
62 Board may act on report of officers    
63 Power of Board to make regulations Powers, Regulations 159(2), 183(1)
64 Power to acquire real property Acquisition of real property 159(6)
65 Meeting of Board, quorum, powers of the board, delegation, policy directions, report Meetings, delegation report 156(4), 164, 167(3)
65(1) Meetings Meetings of the Board 162(4)
65(3) (h),(i),(j) Powers Agreements to cooperate, agreements to exchange information 159(7)-(9)
65(3.1 & 3.2) Evaluation of proposed changes Duty to evaluate proposed changes 161(2) & (3)
65(4) Delegation Delegation 164
65.1 Policy Directions Policy Directions 167
65.1(3) Report Report 167(3)
65.2 Memorandum of Understanding Memorandum of understanding 166
66 Collection of Debts Right of Set-Off, Enforcement Policies 138, 148
67 Certified copies of records Evidence of Decisions 182
68 Superannuation Fund continued Employees pension plan continued 171
69 General jurisdiction of the Board Jurisdiction 118
69(3), (4) Medical Examination, failure to be examined Board request for health examination 35
70 Power to reconsider Power to reconsider 121, 129
71 Access to records of workers Worker's access to records, employer's access to records, to health records 57, 58, 59
71(7) Information Confidential Prohibition re disclosing information 181
72 Practice and Procedure of Board Practice & Procedure 131
72.1 Mediation Mediation 122
73 Principle of decision Principle of decisions 119, 124
74 Specific powers of the Board Powers re proceedings 132
74(c) Specific powers Payment of expenses of witnesses 133
75 Enforcement of orders of Board Enforcement by the Court 139
76 Compellability in civil suit Compellability in a civil suit 179, 180
77 Audit of accounts Audit of accounts 168, 169
78 Annual Report Annual Report 170
79 Provincial Grant Exceptional Circumstances 100
80 Appeals tribunal continued Appeals tribunal continued 173
81 Composition of Appeals Tribunal Appeals Tribunal Continued, Hearings and Appeals 173, 174
82 Chair Chair and Chief Executive Officer 173(3)
83 Quorum Hearing Appeals 174
84 Panels Hearing Appeals 174
85 Effect of resignation, expiry of term Continuing Authority 175
86 Jurisdiction Jurisdiction, Appeals, Jurisdiction 86(1), 112
86(1) Jurisdiction Jurisdiction 123(1)
86(3) Idem Finality of decision 123(4) (5)
87 Panel of Medical Practitioners List of Health Professionals 134
88 Application of s.76 Compellability of witnesses 179, 180
88(2) (3)   Immunity 179
89 Notice Right of Appeal 125
89(2) Payments pending appeal Periodic payments pending appeal 128
90 Rules Practice and Procedure 131(2)
91 Powers of Appeals Tribunal Decisions on appeal, Practice & Procedure, Powers, Payment of Expenses 123, 131, 132, 133
    Board policies 126
    Time limit for decisions 127
92 Application of certain cases Principle of Decision, Power to reconsider, Practice & Procedure, Powers re proceedings, Payment of expenses of witnesses, etc. 124, 129, 131, 132, 133
93 Determination of issues by Board Board of Directors review 112(2)
94 Appeals Jurisdiction, Right to Appeal 123, 125
95 Occupational Disease Panel    
96 Office of the Worker Advisor Office continued 176
96(5)   Immunity 179
97 Office of the Employer Advisor Office continued 176
97(4)   Immunity, Compellability 179, 180
98 French Language Service French Language services 178
99 How accident fund to be provided Insurance Fund 96
100 Payment of compensation out of reserves or Consolidated Revenue Fund Exceptional Circumstances 100
101 Sufficiency of accident fund to be maintained Sufficiency of fund 96(2) & (3)
102 Reserve funds Reserve Funds 97, 98
103 Regulations re: Schedule 1 or 2 Regulations, Schedule 1 & 2 183(2)
103(2) Apportionment of burden Same 81(4)
103(4)-(7) Separate Accounts are to be kept for each class. Power to increase the amount of assessment. Merit System Adjustments in premiums for particular employers 82
103.1 Experience Rating & Merit Rating Programs Experience & Merit Rating Programs 83
103(4.1)-(4.2) Same, Penalty Failure to cooperate 86
104 Injury to Minor Deemed Status, Illegal Employment of Minor 73
105 Withdrawing small industries from classes    
106 Powers exercised as occasion requires    
107 Additions to Schedule 1 Declaration of Deemed Status 74
108 Additions to Schedule 2 Declaration of Deemed Status 74
108.1 Employer Registration Registration 75
109 Statements to be furnished by employers Annual Statements, Certification requirement 78, 79
109(2) Statement to be furnished by employer Registration, Certification requirement 75, 79
109(3) Employer to keep account of wages paid Record Keeping 80
109.1 Material Change in Circumstances Material Change in Circumstances 77
110 Municipal assessors to make return re workers Enforcement through municipal tax rolls 140(2)
111 Examination of accounts and books of employer Examination (etc.) of records, Power of examiners 135, 136
112 Assessment may be made to correspond with payrolls Error in calculation 88(5) & (6)
113 Board to have right to inspect premises of employer Inspection of Premises 135(2)
114 Information obtained not to be divulged Information obtained not divulged 181(1) & (2)
115 Reports privileged Immunity, Privileged Reports 179, 180(4)
116 Assessment Levying Premiums, All Schedule 1 Employers, Insurance Fund 81, 96
117 Deduction from payroll Payment of premiums 88(3)
117(2) Assessments need not be uniform Same 81(4)
118 Rate of assessment to be fixed by board Premium rates, Notice to employers, Payment of premiums, Payments re: expenses of the Board 81(6), 87(1), 88(1), 91
118(3) Revision of assessments Error in Calculation 88(4)
119 Insufficient assessment Bases of Calculation, Error in Calculation 81(6) & 88(4)
120 All classes may be assessed for deficiency in any of them Deficiency in Premiums 99
120(2) Special Fund Special Reserve Fund 98
121 Where deficiency made good Apportionment of payment 99(2)
122 Employer not assessed Liability if no notice 87(3)
123 Employer liable to pay unpaid sums Continued Liability 99(3)
124 LG may require supp. assessments to be made Direction re: sufficiency of the fund 96(4)
125 Formation of reserves Reserve Funds 97
126 Additional percentage for non-payment of assessments Default in paying premium 89(1)
127 Failure to make return or pay assessment Annual Statements, Default in paying Premiums, Cost of Benefits, Exception 78(1), 89(2) (3)
128 Collection of unpaid assessments Enforcement 139(2)
129 Board may collect assessment through municipal assessors Enforcement through municipal tax rolls 140
130 Case of industry temporarily carried on    
130.1 Overpayments to employers Overpayments 147
131 Liability of owner under Construction Lien Act for contribution to accident fund Lien under Construction Lien Act 142
132 Distribution of assets Distribution of Assets 144
132(4) Notice of Lien Lien upon property 145
133 Employers to give notice of accidents Notice by employer of accident 21
134 Occupational diseases Occupational Diseases, Schedule 2 Employer - Occupational Diseases 15, 94
134(13) Agreements for cost sharing Agreements for cost sharing 159(10)
134(14) Agreements re sharing costs of industrial noise claims Same, industrial noise claims 159(11)
134(17) Additional occupational disease Declaration re: disease 183(3) & (4)
135 Accident prevention associations Safe workplace associations, Designated entities 6-10
136 Committee of employers Committee of employers 6, 177
137 Contribution by employers individually liable to expenses of administration Payment by Schedule 2 employers, Notice to Employers, Schedule 2, Payment re expenses of the Board 85, 87(2), 91, 92(3)
137(2) Deposits Deposit re: Schedule 2 employers 92
137(4) Same Penalty Penalty, failure to cooperate 86
138 Repealed    
139 Application of Part 1 Insured Workers, Participating employers 3, 11, 67
140 Application of ss. 141, 142 Application (Uninsured Employment) 113
141 Liability of employer for defective ways, works and for negligence of employees Employer's Liability 114
141(2), (3) Liability of person applying defective ways, works, plants etc. Liability of owner 115
141(4) Effect of continuance in employment after knowledge Voluntary assumption of risk 116
142 Certain common law rules abrogated Certain common law rules abrogated 116(2)
143 Domestics    
144 Definitions - Transitional Provisions Definitions 101
145 Continued application of pre-1985 Act Application of pre-1998 Act 102
146 Continued application of pre-1989 Act Application of pre-1998 Act 102
    Continued application of pre-1997 Act 102
147 Definitions - Permanent Partial Disability Supplements Permanent partial disability supplements 110
148 Indexing Factor General indexing factor, alternative indexing factor, indexation of amounts in the act 50, 51, 52
149 Exceptions - does not apply to fines or ss. 79 or 128 Exceptions 51(2)
150 Where minimum received    
151 Annual redetermination of net average earnings Net Average Earnings, Annual Adjustments of payments 52, 54, 55
152 Offence deduction from wages Offence, deduction from wages 155
153 Offence, contributions from workers Offence, contribution of workers 155(2)
154 Offence regulations Offence regulations 156
155 Offence, confidential information Offence, confidential information 150
156 Offence, registration Offence, employer registration 151
157 Offence, statements and records Offence, statements and records 152
158 Offence, obstruction Offence, obstruction 153
159 Offence, payments Offence, security for payment 154
160 Offence, notice of accident Offence, Notice of Accident 152(3)
161 Offence, false or misleading statements Offence, false or misleading statement 149
162 Offence by director, officer Offence, by director, officer 157
163 Penalty Penalty 158
164 Fines Fines 158(2)
    Injury Disease & Prevention - Application 3
    Functions of the Board 4
    Advisory Council 5
    Safe Workplace Associations 6
    Designated entities 7
    Appointment of Administrator 8
    Fees 9
    First Aid Requirements 10
    Payments owing to deceased workers 61
    Registration 75