Bill to update B.C.’s workers’ compensation law receives royal assent

The British Columbia Parliament Buildings in Victoria. Photo: Stan Jones/Adobe Stock.

A bill to overhaul British Columbia’s workers’ compensation legislation has received royal assent.

As reported by OHS Canada last month, the province said the changes were designed to “better support workers.”

“People injured on the job need to know that there is a workers’ compensation system that meets their needs,” said Harry Bains, Minister of Labour. “With these changes, we’re making sure that workers are properly supported when they need it most.”

Among the changes is a move to ensure employer accommodate and re-employ injured workers when they are ready to return, it said. It will also require WorkSafeBC to pay interest on benefit payments that are delayed due to a review.

The amendments

Bill 41 received royal assent on Nov. 24, 2022. It contains seven amendments, three of which are effective as of Nov. 24.

• Introduced on October 31, Bill 41 amends the Act to:
  – Change how workers’ compensation benefits are indexed for inflation each year by:
  – eliminating the automatic 1 percent reduction from the consumer price index (CPI);
  – directing WorkSafeBC to index based on full CPI; andwhere full CPI is greater than 4 percent, provides WorkSafeBC the discretion to index based on a percentage greater than 4 percent up to full CPI. (Effective November 24, 2022.)
• Allow WorkSafeBC to increase the maximum compensation for non-traumatic hearing loss. (Effective November 24, 2022.)
• Expand WorkSafeBC’s ability to prohibit employers from suppressing workers’ compensation claims. (Effective November 24, 2022.)
• Allow workers and employers to request a review by independent health professionals at the Workers’ Compensation Appeal Tribunal. (Effective April 3, 2023.)
• Ensure WorkSafeBC pays interest on delayed benefit payments following a review or appeal where the benefits have remained unpaid for at least 180 days from the benefit start date. (Effective April 3, 2023.)
• Create a fair practices commissioner position to be appointed by the Board of Directors. (Effective May 1, 2023.)
• Add a legal duty for workers and employers to cooperate in the worker’s early and safe return to work, along with an obligation for employers to return injured workers to work. (This will come into force by regulation of the Lieutenant Governor in Council, at a date yet to be determined.)

In a note posted on Dec. 8, WorkSafeBC said it would provided further details on how it will be “implementing these changes as we move forward.”