A-3 - Workers’ Compensation Act

Section 84 Disposition versions

1979-01-01

84. (1)  The Commission shall keep separate accounts indicating the amounts collected and expended in each sector of economic activity, each class of units and each unit, but, for the purpose of paying benefits, the accident fund shall be indivisible.

(2)  Where the Commission deems that the accidents in any industry are partly due to not taking the proper precautions for their prevention, or where, in the opinion of the Commission, working conditions, the machinery or appliances in that industry are defective or insufficient, the Commission may, so long as such condition continues to exist, add to the amount of the contribution to the accident fund of the employer who operates that industry such a percentage as it may deem just and levy the amount upon such employer. The Commission may, moreover, exclude, at its discretion, such industry from the unit of class of units in which it is included and add it to the industries in Schedule B.

(3)  Any additional percentage levied and collected under subsection 2 shall, at the discretion of the Commission, be added to the accident fund or applied in reduction of the contribution of the other employers in the unit or class of units of industries to which the employer from whom it is collected belongs.

R. S. 1964, c. 159, s. 77; 1978, c. 57, s. 41.

1977-12-31

84. (1)  The Commission may:

(a)  alter the classification of industries included in Schedule B, and withdraw from any class any industry included in it and transfer it wholly or partly to any other class, or form it into a separate class, or exclude it from the operation of this act;

(b)  establish other classes including any of the industries which are for the time being included in Schedule C, or are not included in any of the classes in Schedule B;

(c)  add to any class included in Schedule B, any industry which is not mentioned therein or is mentioned in Schedule C.

(2)  The Commission may, if convinced that the hazard to workmen in any of the industries embraced in a class is less than that in another or other industries of the same class or, where for any other reason it deems proper to do so, subdivide the class into sub-classes and, if that is done, shall fix the percentages or proportions of the contributions to the accident fund payable by the employers in each sub-class.

(3)  Separate accounts shall be kept of the amounts collected and expended in respect of every class and sub-class, but for the purpose of paying compensation the accident fund shall be indivisible.

(4)  Where the Commission deems that the accidents in any industry are partly due to not taking the proper precautions for their prevention, or where, in the opinion of the Commission, the machinery or appliances in any industry are defective or insufficient, the Commission may, so long as such condition, in its opinion, continues to exist, add to the amount of the contribution to the accident fund of the employer who carries on such industry such a percentage as it may deem just and levy the amount upon such employer. The Commission may, moreover, exclude, at its discretion, such industry from the class in which it is included and add it to the industries in Schedule C and, thereupon, the employer who carries on such industry shall be individually liable to pay the compensation to which his workmen or their dependants may be entitled.

(5)  Any additional percentage levied and collected under the preceding subsection 4 shall, in the discretion of the Commission, be added to the accident fund or applied in reduction of the contribution of the other employers in the class or sub-class of industries to which the employer from whom it is collected belongs.

R. S. 1964, c. 159, s. 77.