On November 24, 2022, Bill 41, the Workers’ Compensation Amendment Act, 2022 (the “WCA Amendments”), received Royal Assent.
As we previously reported, the WCA Amendments impose new obligations on BC employers in respect of the return of injured workers to their job. These employers will have a new statutory duty to return injured workers to their pre-injury work or alternative work of equal value and pay, in addition to the duty to accommodate returning workers short of undue hardship, if they employ more than 20 workers. The WCA Amendments also create a new mutual duty for all employers and injured workers to cooperate with one another to support the worker’s return to employment. For a detailed explanation of all the incoming WCA Amendments, please review our earlier blog post.
The WCA Amendments that are of particular significance to employers, including the provisions imposing a duty to return injured workers to work (the duty to maintain employment, the duty to cooperate and the duty to accommodate) will come into force by regulation, on a date to be determined by the provincial government.
Other provisions have set in force dates, namely:
- the prohibition on claim suppression by employers, the increase in maximum compensation for non-traumatic hearing loss, and the indexing of workers’ compensation benefits to the Canadian Consumer Price Index came into force on November 24, 2022;
- the requirement that interest be paid on compensation benefits owing to a worker for 180 or more days and the expanded access to Independent Health Professionals for appeals at the Workers’ Compensation Appeal Tribunal will come into force on April 3, 2023; and
- the provisions that establish the Fair Practices Commissioner will come into force on May 1, 2023.
If you have any questions about the WCA Amendments, please contact Michelle Jones, Miny Atwal, or another member of Lawson Lundell’s Occupational Health and Safety Group.
- Partner
Michelle’s practice focuses on compliance, primarily in the area of Occupational Health and Safety (OH&S). She advises clients on their regulatory obligations and represents them in related administrative and litigation ...
- Associate
Miny is an associate in the Labour, Employment and Human Rights Group in Vancouver. She practices in all aspects of workplace law including employment standards complaints, human rights issues, labour grievances, workplace ...
About Us
Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits.
Legal Disclaimer: The information made available on this webpage is for information purposes only. It does not constitute legal advice, and should not be relied on as such. Please contact our firm if you need legal advice or have questions about the content of this webpage.