Workers' Compensation Act

(1) In this Act,

"Appeals Tribunal" means the Appeals Tribunal continued by section 117; (Tribunal d’appel)

"assessment" means a charge calculated by the Commission and levied on an employer under section 76; (cotisation)

"child" means, in respect of a worker, a natural or adopted child of the worker or a person for whom the worker stands or stood in the place of a parent; (enfant)

"claimant" means a person claiming compensation; (demandeur)

"Commission" means the Workers’ Safety and Compensation Commission, including the Governance Council and the Review Committee; (Commission)

"compensation" means any medical aid, payment, money, pension, vocational rehabilitation, counselling or other benefit payable or provided under this Act as a result of a worker’s personal injury, disease or death; (indemnité or indemnisation)

"contract of service" means a contract of service or apprenticeship, written or oral, expressed or implied; (contrat de louage de services)

"Corporate Secretary" means the Corporate Secretary of the Commission appointed under subsection 101(6); (secrétaire général)

"dentist" means a person who is authorized by law to practise dentistry in the place where the person is so practising; (dentiste) "disability" means the condition of having temporarily reduced physical, functional, mental or psychological abilities caused by the worker’s personal injury or disease, that results in a loss of earning capacity; (incapacité)

"disease" means an unhealthy condition of the body or mind; (maladie)

"eligible claimant" means a person who has claimed compensation or who is entitled to claim and receive compensation; (demandeur admissible)

"employer" means a person or entity considered to be an employer under section 8; (employeur)

"family member" means, in respect of a person,

"Governance Council" means the Governance Council continued by subsection 83(1); (conseil de gestion)

"harvesting wildlife" means to hunt, capture, harvest or gather flora or fauna, including fish; (récolte de ressources fauniques)

"health care facility" means a facility, as defined in the Hospital Insurance and Health and Social Services Administration Act, from which health programs and services are provided, and any other facility recognized by the Commission as providing a health program or service; (établissement de soins de santé)

"health care provider" means a chiropractor, dentist, nurse, occupational therapist, optometrist, physical therapist, physician, psychologist or another class of persons whose qualifications to practise any of the healing professions are accepted by the Commission; (pourvoyeur de soins de santé)

"impairment" means the condition of having a permanent physical, functional, mental or psychological abnormality or loss, caused by the worker’s personal injury or disease; (déficience)

"inspector" means an inspector designated under section 104; (inspecteur) "learner" means a person referred to in subparagraph 4(1)(b)(i); (stagiaire)

"medical aid" includes

"net monthly remuneration" means an amount equal to 1/12 of the net annual remuneration of the worker, determined under section 59, for the year in which the personal injury, disease or death occurred; (rémunération mensuelle nette)

"officer" means, in respect of the Commission, the President, Corporate Secretary and any other member of the staff of the Commission who holds a position designated by the President as being that of an officer; (dirigeant)

"payroll" means, in respect of an employer, the total of the remuneration paid by an employer in any year to all its workers; (masse salariale)

"pension" means a periodic payment of money paid as compensation in respect of a worker’s impairment or death; (pension)

"physician" means a person who is authorized by law to practise medicine in the place where the person is so practising; (médecin)

"policy of the Governance Council" means a policy established by the Governance Council under paragraph 89(b); (politique du conseil de gestion)

"President" means the President of the Commission appointed under subsection 101(1); (président de la Commission)

"remuneration" means the income considered to be remuneration for the purposes of this Act under section 57; (rémunération) "Review Committee" means the Review Committee of the Commission continued by subsection 112(1); (comité d’examen)

"school" includes a university, public or private college, institute of technology, agricultural and vocational college or vocational training centre; (école)

"spouse" means a person considered to be a spouse for the purposes of this Act under section 7; (conjoint)

"worker" means a person deemed to be or designated as a worker for the purposes of this Act under section 4, 5 or 6; (travailleur)

"Workers’ Advisor" means the Workers’ Advisor appointed under subsection 107(3); (conseiller des travailleurs)

"Workers’ Protection Fund" means the fund continued by subsection 67(1) for the payment of compensation and other outlays and expenses authorized under this Act; (Fonds de protection des travailleurs)

"Year’s Maximum Insurable Remuneration" means a prescribed maximum remuneration for any year for the purposes of determining

(2) For the purposes of this Act, a person is considered to be dependent on a deceased worker if, on the day immediately preceding the day the worker’s death occurred,

(3) For the purposes of this Act, the "staff of the Commission"

SNWT 2015,c.14,s.32; SNWT 2019,c.32,s.2; SNWT 2023,c.7,s.43(2).

(1) This Act applies to all employers and workers in the Northwest Territories.

(2) Except as otherwise provided, this Act applies to personal injuries, diseases and deaths that occur after this Act comes into force.

(3) This Act does not apply to an employee, as defined in the Government Employees Compensation Act (Canada).

(1) The following persons are deemed to be workers for the purposes of this Act:

(1.1) Notwithstanding subsection (1), a person is not considered to be a worker for the purposes of this Act if the person

(2) The Commission may determine that a person is a worker if the Commission considers that, in substance, the person has entered into or is working under a contract of service with another person, notwithstanding the appearance of a different arrangement between the two persons. SNWT 2018,c.17,s.33; SNWT 2019,c.32,s.3.

(1) A person whose remuneration comes primarily from harvesting wildlife is deemed to be a worker, if he or she

(2) Notwithstanding any other provision of this Act, the costs of providing compensation to any person referred to in subsection (1) are to be paid in accordance with an agreement entered into between the Commission and the Government of the Northwest Territories.

(1) The Commission may, on application, designate as a worker any person who would not otherwise be considered a worker.

(2) The Commission shall, when designating a person as a worker,

(1) For the purposes of this Act, a person is to be considered a spouse of a worker if

(2) To determine whether a person is a surviving spouse of a worker, the provisions of subsection (1) are to be applied as of the day immediately preceding the day the worker’s death occurred.

(1) The following are considered to be employers for the purposes of this Act:

(1.1) Notwithstanding subsection (1), a person or entity is not considered to be an employer for the purposes of this Act if all of the following criteria apply:

(1.2) For greater certainty, a reference to employing persons in subsection (1.1) includes engaging persons to conduct any of the activities described in subsection 4(1) for the person or entity.

(2) The Commission may determine that a person or entity is the employer of a person considered to be a worker under subsection 4(2).

(3) For greater certainty, the Government of the Northwest Territories and the Commission are employers.

(4) Subject to subsection (5), the Government of the Northwest Territories is considered to be the employer of a worker referred to in

(5) A municipal corporation is considered to be the employer of a person referred to in subparagraph 4(1)(b)(ii) who is engaged in, or training for, an ambulance service or firefighting service for that municipal corporation, if the municipal corporation pays the cost of that ambulance or firefighting service.

(6) A person is not to be considered to be an employee in the public service by reason only that the Government of the Northwest Territories is considered to be the employer of that person under subsection (4).

(7) The activity referred to in paragraphs 4(1)(b) to (e) and subsection 5(1) is considered to be the worker’s employment for the purposes of this Act. SNWT 2019,c.32,s.4.

(1) The Commission may determine that an employer is the successor to a former employer and may treat the successor employer as the former employer for all purposes under this Act.

(2) The Commission may determine that two or more employers are related and may treat them as if they were one employer for some or all purposes under this Act.

(3) The Commission may determine that two or more corporations, individuals, firms, syndicates or associations, or any combination of them, to be one employer for the purposes of this Act, if it considers that there is common control or direction among them.

(4) If the Commission has made a determination under subsection (3), the corporations, individuals, firms, syndicates or associations treated as one employer shall be jointly and severally liable for any contravention of this Act or the regulations.

(1) The following persons are entitled to compensation on the death of a worker arising out of and during the course of the worker’s employment:

(2) If no spouse or child is entitled to compensation on the death of a worker, dependent family members of the worker are entitled to compensation. SNWT 2019,c.32,s.5.

(1) A personal injury, disease or death arising out of and during the course of employment is compensable whether it

(2) A personal injury, disease or death that appears to be the result of more than one cause is compensable if one of the causes that contributed in a material way to the injury, disease or death arose out of and during the course of employment.

(3) In the case of a worker disabled or impaired by a disease, the Commission shall consider the day the disease occurs to be whichever of the following days is most beneficial to the worker:

SNWT 2019,c.32,s.7.

(1) The presumptions in this section apply to entitlement to compensation, unless the contrary is proven on a balance of probabilities.

(2) A personal injury, disease or death that arises out of a worker’s employment is presumed to have occurred during the course of his or her employment.

(3) A personal injury, disease or death that occurs during the course of a worker’s employment is presumed to arise out of his or her employment.

(4) The death of a worker is presumed to have arisen out of his or her employment if the worker is found dead at the place where the worker would be during the course of the employment.

(5) A disease is presumed to have arisen out of a worker’s employment and to have occurred during the course of that employment if

SNWT 2010,c.11,s.2; SNWT 2019,c.32,s.8.

(1) In this section,

"firefighter" means a worker who

"listed disease" means any of the following diseases:

(2) Notwithstanding section 14 and subject to subsection (3), a listed disease is presumed to have arisen out of a worker’s employment and to have occurred during the course of that employment if

(3) Where the listed disease is primary site lung cancer, the presumption referred to in subsection (2) does not apply unless the worker has been a non-smoker before the date of the disability or impairment for the minimum period prescribed in the regulations. SNWT 2010,c.11,s.3; SNWT 2015, c.33,s.2; SNWT 2019,c.32,s.9.

(1) For the purposes of this section, "eligible compensation" means compensation payable under any of the following provisions, but does not include any other payment or benefit provided under this Act:

(2) Subject to subsection (3), no compensation may be assigned, charged or attached, except where a court, by order, makes the compensation subject to execution to the extent that wages and salary are subject to execution under the Exemptions Act.

(3) Eligible compensation may be assigned, charged or attached if

SNWT 2019,c.32,s.10.

(1) An employer who has reason to believe that a worker in its employ has experienced any of the following events arising out of and during the course of the worker’s employment shall send a written report describing the event to the Commission:

(2) The report must be sent within three days after the employer first has reason to believe the event has occurred.

(3) The employer shall send a copy of the report to the worker, unless the worker has died.

(4) If the worker has died, the Commission shall make its best efforts to notify any persons who may be entitled to compensation under this Act of the death and of their entitlement to compensation. SNWT 2019,c.32,s.12.

(1) No person is entitled to compensation unless his or her claim is made to the Commission within one year after the day the personal injury, disease or death occurs.

(2) The Commission shall grant an exception to the limit in subsection (1), if it considers that there is a justifiable reason for the delay.

(1) Compensation is payable in respect of a worker who suffers a personal injury, disease or death arising out of and during the course of employment while working outside the Northwest Territories, if

(2) The Commission may, on application by the employer, extend the six-month limit referred to in paragraph (1)(c), before or after it expires, for such longer period as the Commission considers reasonable.

(1) If a person is entitled to both workers’ compensation under this Act and workers’ compensation or a similar remedy under the law of another jurisdiction where the personal injury, disease or death occurred, the person must elect whether

(2) A person making an election under subsection (1) must send written notice of the election to the Commission within 60 days after the day the personal injury or disease occurred or, if the worker died, the day the worker died.

(3) The Commission may extend the 60 day notice period, before or after it expires, for such longer period as the Commission considers reasonable.

(4) If no notice of election is given within the time allowed by this section, the person is presumed to have elected not to claim compensation under this Act.

(5) No person may receive compensation or some other remedy under both this Act and the law of another jurisdiction in respect of the same personal injury, disease or death.

(6) Subsection (5) does not apply to a person who

(7) A person who contravenes subsection (5)

SNWT 2019,c.32,s.13.

(1) The Commission may require a worker claiming compensation to present himself or herself for one or more medical examinations in the manner and at the times and places that the Commission may require.

(2) The Commission shall pay the costs of the medical examination and the worker’s costs of undergoing the medical examination.

(1) A health care provider who examines or treats a worker under this Act shall submit a report to the Commission.

(2) The report must be submitted within three days after the examination or treatment, and must contain the information required by the Commission.

(3) If a health care facility employs the health care provider referred to in subsection (1), the health care facility is responsible for ensuring that the report is submitted in accordance with this section.

(4) The Commission is deemed to be an owner of any report submitted by a health care provider or a health care facility under this Act.

(5) The Commission may, on request, provide the worker’s employer with a report on the progress being made by the worker.

(1) The employer of a worker who claims compensation may request the Commission to require the worker to undergo a medical examination by a health care provider selected by the Commission.

(2) The employer shall pay the costs of any medical examination required at its request, and the reasonable expenses of the worker resulting from it.

(3) The Commission may pay the costs and expenses referred to in subsection (2), if the employer fails to do so, and may collect those costs from the

(1) If the Commission receives conflicting opinions respecting a worker’s personal injury, disease or death from a worker’s health care provider and a medical advisor selected by the Commission, the Commission’s medical advisor shall contact the worker’s health care provider and attempt to resolve the conflict.

(2) If the medical advisor and the health care provider are unable to resolve the conflict respecting their conflicting opinions, they shall seek the opinion of another medical professional who specializes in the area of the conflict.

(3) Subject to new medical evidence being available, any resolution of the conflicting opinions reached by the medical advisor and the health care provider under subsection (1), or provided by the opinion under subsection (2), is final and binding on the Commission and the claimant.

(4) The Governance Council shall establish a policy that sets out the procedure for seeking the opinion of another medical professional under this section, and provides that

(1) The Commission may arrange for an autopsy of the body of a deceased worker, if the Commission considers it to be necessary to assist in determining the cause of the worker’s death.

(2) If the coroner is in possession of the body of a deceased worker, the Commission may request the coroner to arrange for an autopsy to be made as part of the post-mortem examination.

(3) The Commission may reject any claim for compensation in respect of a deceased worker, if the executor or administrator of the worker’s estate refuses to permit an autopsy considered necessary by the Commission.

(1) The Commission shall make all decisions respecting entitlement to compensation.

(2) Decisions of the Commission must be based on

(3) The Commission shall give written notice of its decision regarding a claim for compensation to the claimant, or his or her legal or personal representative, and to the worker’s employer.

(4) The notice of decision must contain the reasons for the decision.

(1) If a worker is injured during the course of employment and requires transportation to receive medical aid, the employer shall, at its own expense, provide the worker with immediate transportation to a health care provider, a health care facility or such other place as the Commission considers appropriate.

(2) The Commission may pay the costs of the transportation of an injured worker that the employer fails to provide, and may collect those costs from the

(1) The Commission, the worker and the worker’s health care providers shall

(2) Repealed, SNWT 2019,c.32,s.14(1).

(3) A worker’s health care provider must be the nearest appropriate provider, and if more than one such provider is available, the worker may choose among them.

(4) The Commission may require the worker to use a different health care provider, if the Commission considers that the provider used by the worker may not assist in, or may impede, the process of the worker’s recovery. SNWT 2019,c.32,s.14.

(1) The Commission shall, in addition to other compensation, provide the worker with, or pay the costs of, such medical aid as it considers reasonably necessary to diagnose and treat the effects of the personal injury or disease.

(2) The medical aid must be provided to the worker from the time the worker suffers the personal injury or disease and,

(3) The Commission shall determine all issues related to the necessity, character, amount, timing, manner and sufficiency of the medical aid provided or paid for by the Commission.

(4) A payment made by the Commission for medical aid does not of itself constitute acceptance by the Commission of a claim for compensation. SNWT 2019,c.32,s.15.

(1) A worker who is receiving, or is entitled to receive, compensation for a disability or impairment, shall

(2) The Commission shall give a worker it considers is not complying with subsection (1) written notice specifying

SNWT 2019,c.32,s.16.

(1) The compensation for a worker who is totally disabled is a monthly payment equal to 90% of the worker’s net monthly remuneration, payable for the period of the total disability.

(2) If the worker’s monthly payment under subsection (1) is less than 2.75% of the Year’s Maximum Insurable Remuneration for the year in which the personal injury or disease occurs, the payment must be increased to the lesser of

SNWT 2019,c.32,s.17.

(1) The compensation for a worker who is partially disabled is a monthly payment equal to the amount payable under section 38 for a total disability multiplied by the Commission’s estimate of the percentage loss of the worker’s earning capacity, payable for the period of the disability.

(2) The Commission shall estimate the loss of earning capacity under subsection (1) on the basis of the difference between the earnings of the worker before the partial disability and the earning capacity of the worker after that disability. SNWT 2019, c.32,s.18,19.

(1) Notwithstanding sections 38 and 39, a worker suffering a total disability or partial disability is only entitled to be paid compensation for those days for which the worker would, in the usual course of his or her employment, have received remuneration.

(2) The Commission may extend the compensation payable to a worker suffering a total disability or partial disability beyond the period for which the worker would, in the usual course of his or her employment have received remuneration, but not exceeding the period of the disability. SNWT 2019,c.32,s.19.

Impairment Compensation SNWT 2019,c.32,s.20.

(1) The compensation for a worker who is totally impaired is a monthly pension equal to 90% of the worker’s net monthly remuneration, payable for as long as the worker lives.

(2) If the worker’s monthly pension under subsection (1) is less than 2.75% of the Year’s Maximum Insurable Remuneration for the year in which the personal injury or disease occurs, the pension must be increased to the lesser of

(3) The Commission shall, in addition to the pension, provide a worker who is totally impaired with such other treatment or services as it considers necessary as a result of the personal injury or disease.

(4) A worker is deemed to be totally impaired if the worker suffers

SNWT 2019,c.32,s.21.

(1) The compensation for a worker who is partially impaired is a monthly pension, payable for as long as the worker lives, equal to 90% of the worker’s net monthly remuneration multiplied by the percentage of the worker’s impairment, determined in accordance with an impairment rating schedule established by the Commission.

(2) The Commission may consider a worker who is seriously and permanently disfigured as being partially impaired. SNWT 2019,c.32,s.22.

(1) If a worker receiving a pension for a partial impairment suffers a recurrence of a partial disability or total disability from the same personal injury or disease, the worker is entitled to receive additional compensation equal to the compensation payable for that disability reduced by the amount of the pension already being paid for the partial impairment.

(2) If a worker appears to recover from a personal injury or disease and is no longer entitled to compensation, the worker is entitled to receive compensation for the recurrence of a partial disability or total disability from the same injury or disease.

(3) For the purposes of this section, the compensation for the disability of the worker must be based on the greater of

SNWT 2019,c.32,s.19,24.

(1) The Commission may, in accordance with the regulations, provide the following to a worker who is entitled to other compensation:

(2) The Commission may pay the actual costs of replacing or repairing any clothing or medical device of the worker that was destroyed or damaged when the personal injury or disease occurred.

Compensation to Spouses, Children and Family Members

(1) The compensation payable on the death of a worker to a surviving dependant spouse is

(2) The pension under paragraph (1)(b) is payable for as long as the surviving spouse lives.

(3) The following extra compensation is payable on the death of a worker:

(4) If the application of section 7 results in more than one person being considered to be a surviving dependent spouse for the purposes of this Act,

SNWT 2019,c.32,s.26.

(1) Subject to subsections (3) and (4), the Commission shall pay compensation, in an amount equivalent to the compensation payable to a surviving dependent spouse under paragraph 48(1)(b), divided proportionately in respect of each child of the deceased worker, to any person who assumes full or shared responsibility for a child of the deceased worker, if

(2) Compensation is only payable under subsection (1) while

(3) If there is more than one child of the deceased worker eligible for compensation under this section and the children are not maintained by the same person, the Commission may pay the person or persons maintaining a child the proportionate share in respect of that child.

(4) If more than one person is entitled to compensation under subsection (1) with respect to the same child, the Commission may divide the compensation payable under that subsection proportionately between those persons according to their share of responsibility for the child. SNWT 2019,c.32,s.27.

(1) The compensation payable on the death of a worker in respect of a child of the worker is a monthly pension equal to 0.625% of the Year’s Maximum Insurable Remuneration for the year in which the death occurs.

(2) The Commission shall increase the compensation payable in respect of a child who is physically, functionally, mentally or psychologically incapable of earning his or her living, by such additional amount as the Commission considers appropriate.

(3) The Commission may end the compensation payable in respect of a child referred to in paragraph 11(1)(c), if the Commission considers that the child

SNWT 2019,c.32,s.26.

(1) The compensation payable to a dependent family member under subsection 11(2) is a pension in such amount as the Commission considers appropriate, taking into account the pecuniary loss to the person caused by the worker’s death, but not exceeding the amount payable under paragraph 48(1)(b).

(2) The pension payable under subsection (1) continues for as long as the Commission considers the worker would reasonably have been expected to support the person, had the worker lived.

(1) The Commission shall determine the frequency of pensions or other periodic payments of compensation.

(2) A payment of compensation that is payable for periods of less than one month must be computed on a daily basis.

(1) On January 1 of each year, the Governance Council shall establish the percentage that it considers reflects the increase in the cost of living for the previous year.

(2) After January 1 of each year, the amount of any pension that commenced in a previous year must be increased for the current year by the cost of living increase established by the Governance Council under subsection (1).

(1) If a person entitled to compensation is under a legal disability or other disability that renders him or her unable to receive the compensation directly, the Commission may provide for payment of the compensation to such other person and in such manner as the Commission considers to be in the person’s best interests.

(2) Instead of paying the worker directly, the Commission may pay the compensation to, or for the benefit of, a spouse or child of the worker, if the spouse or child

(1) The Commission may convert all or a portion of a pension into a lump sum payment if

(2) The Commission shall, in accordance with a policy of the Governance Council, offer to provide a person who makes a request under paragraph (1)(a) with independent financial advice to assist him or her to make an informed decision on the conversion.

(3) A pension payable to a worker must be converted to a lump sum payment if

(4) When converting a pension into a lump sum payment, the Commission shall apply such discount rate and other actuarial factors as the Commission considers appropriate. SNWT 2019,c.32,s.28.

(1) For the purposes of this Act, a worker’s remuneration is the amount of all income earned through the performance of work, including all salaries, wages, fees, commissions, bonuses and tips.

(2) For greater certainty, a worker’s remuneration includes

(3) For greater certainty, a worker’s remuneration does not include the value of clothing, materials, transportation, board or lodging provided to the worker, either in kind or as an expense payment, due to the remote nature or location of the employment.

(4) The remuneration for a learner is the remuneration for a worker beginning the employment in which he or she is a learner.

(5) The Commission shall establish the amount of remuneration for a worker referred to in subparagraphs 4(1)(b)(ii) and (iii) and paragraphs 4(1)(c) to (g). SNWT 2019,c.32,s.29.

(1) A worker’s annual remuneration is the amount of remuneration that the worker would otherwise have earned during the year in which the personal injury, disease or death occurred, not exceeding the Year’s Maximum Insurable Remuneration for that year.

(2) The Commission shall consider any factors it considers appropriate when determining the amount of a worker’s annual remuneration, including the remuneration for a representative annual period of employment by that worker or a worker in similar employment.

(3) The annual remuneration for a worker who has more than one employer is the total of the annual remuneration from all the worker’s employers.

(4) Notwithstanding subsection (1), if a worker’s employment is seasonal, or is for only part of a year, and the worker suffers the personal injury or disease during that period, the Commission shall, for the period that the seasonal or partial employment would have continued but for the injury or disease, consider the worker’s annual remuneration to be the higher of

(5) For the purposes of determining the period that the worker’s seasonal or partial employment would have continued but for the injury or disease referred to in subsection (4), the Commission shall consider the period of time that the worker was engaged in the same or similar employment in the previous three years and select the period of employment that is most favourable to the worker.

(1) In fixing the amount of compensation, the Commission may deduct any payment, allowance or benefit that the worker will receive from his or her employer in respect of the period of his or her disability, including any pension, gratuity or other allowance provided wholly at the expense of the employer.

(2) The Commission shall

(1) No action may be brought, by or on behalf of an eligible claimant, against a worker or an employer in respect of a personal injury, disease or death suffered by another worker arising out of and during the course of his or her employment.

(2) No person may bring an action for contribution or indemnity against a worker or an employer, who is otherwise immune from a cause of action under this section, in respect of a personal injury, disease or death suffered by another worker arising out of and during the course of his or her employment.

(3) Subsection (1) does not apply to an action against

(4) The maximum liability for any employer or worker referred to paragraph (3)(c) is the amount payable, under the policy of liability insurance, in respect of the personal injury, disease or death.

(1) Any party to an action may, on notice to the other parties to the action, apply to the Appeals Tribunal for a determination of whether a person is immune from action pursuant to this Act.

(2) The Appeals Tribunal shall, on receipt of an application under subsection (1), consider whether it should request the Commission to authorize, under subsection 104(2), an inspector to investigate, inquire into and report on the matter.

(1) Any cause of action that an eligible claimant may have against any other person in respect of a personal injury, disease or death suffered by a worker, arising out of and during the course of his or her employment, vests in the Commission.

(2) The Commission shall conduct a cause of action vested in the Commission under subsection (1) in good faith for the benefit of all eligible claimants.

(1) The rules of this section apply to a cause of action vested in the Commission under section 64.

(2) No person may, without the written consent of the Commission, make a payment to or agree to a settlement with the eligible claimant or his or her legal or personal representative, for or in respect of the cause of action or a claim or judgment arising from the action.

(3) Any payment or settlement made in contravention of this section is void.

(4) An eligible claimant, or his or her legal or personal representative, may conduct the action with the written consent of the Commission.

(5) The Commission is not liable for any costs in respect of an action taken by an eligible claimant or his or her legal or personal representative.

(6) The Commission may take the action in the name of the eligible claimant or his or her legal or personal representative, as the case may be, without the consent of the person in whose name the action is taken.

(7) The Commission may conduct the action as if it were a party, whether or not it is specifically named as a party.

(8) If the Commission takes the action or if the action is taken at the request of the Commission, it shall indemnify and save harmless the eligible claimant, or his or her legal or personal representative, from and against all costs or damages incurred in respect of the action, including costs or damages awarded by the court to the defendant, but excluding any costs incurred by the eligible claimant, or his or her legal or personal representative, without the consent of the Commission.

(9) The Commission may at any time settle the action for such amount as it considers appropriate.

(10) If payment into court is made pursuant to the Rules of the Supreme Court and the Commission files notice of its rights under this Act, payment may only be made out of the court with the consent of the Commission.

(11) The Commission may

(12) If the judgment clearly awards the worker damages for pain and suffering, the Commission shall, before deducting its legal costs incurred in recovering the money, pay to the worker from the money received that amount of the award attributable to pain and suffering.

(13) The Commission may, after deducting its legal costs incurred in recovering money in the action, pay an amount up to 25% of the amount remaining after making a payment under subsection (12) to the eligible claimant whose efforts resulted in the Commission receiving the money.

(14) The Commission may pay to the eligible claimant or his or her legal or personal representative, as the case may be, the balance of the money remaining after deducting

(1) An eligible claimant shall assign to the Commission any right of action, including the right to recover damages, that the claimant may have in a jurisdiction outside the Northwest Territories in respect of the personal injury, disease or death suffered by a worker.

(2) The Commission may withhold payment of compensation from a person who does not make the assignment referred to in subsection (1) in a form satisfactory to it. SNWT 2019,c.32,s.30.

(1) The "Accident Fund" is continued as the "Workers’ Protection Fund".

(2) The Workers’ Protection Fund is one indivisible fund for the purposes of paying compensation and determining assets and liabilities.

(3) The following must be paid into the Workers’ Protection Fund:

(4) The following may be paid out of the Workers’ Protection Fund:

(1) The Commission shall have an actuarial evaluation of the liabilities and income of the Workers’ Protection Fund made every three years, and at such other times as the Minister may direct, by an independent, duly qualified actuary.

(2) The actuary shall submit a written report on the evaluation to the Governance Council.

(3) The report must be sent to the Minister, who shall cause a copy of it to be laid before the Legislative Assembly at the earliest opportunity after receiving the report.

(4) The cost of the actuarial evaluation and report is to be paid out of the Workers’ Protection Fund. SNWT 2015,c.13,s.180(3).

Establishing the Rate or Basis for Assessments

(1) The Governance Council shall each year establish and publish the rate or basis for calculating the assessments to be paid by employers.

(2) For greater certainty, the rate or basis for calculating the assessments to be paid by employers may include

(3) The Governance Council may establish and publish formulas, based on employer experience accounts established under subsection 71(3) and other factors the Governance Council considers appropriate, to be applied by the Commission to vary the assessments for which employers would otherwise be liable.

(4) The annual rate or basis for calculating assessments and any formulas for varying assessments must be sufficient to finance the Workers’ Protection Fund to enable it to meet its liabilities.

(1) The Commission shall classify each employer in accordance with any classification system established by the Governance Council.

(2) An employer may be assigned to more than one class or subclass, if the employer’s business is assignable to different classes or subclasses.

(3) The Commission may establish and maintain experience accounts to record the costs of compensation claimed in respect of employers.

(4) If the Commission finds that a worker suffered the personal injury, disease or death because of the act or omission of another employer or his or her worker, the Commission may

(1) An employer shall prepare and send an annual payroll statement to the Commission.

(2) The payroll statement must be sent no later than February 28 in each year, or at such other time or times as the Commission may require.

(3) The payroll statement must include

(4) The remuneration included in the payroll statement must include the remuneration of all persons who render service to the employer or are deemed to be workers under this Act, whether or not they are directors, corporate officers or executives of the employer, and whether or not the employer is under a legal obligation to pay them any remuneration.

(5) The Commission may adjust the payroll statement to include an amount that the Commission considers as reasonable remuneration for any person who is not paid any remuneration or is paid only a nominal or token remuneration.

(1) A person or entity that ceases to be an employer shall give written notice to the Commission, within 10 days after ceasing to be an employer.

(2) The notice required under subsection (1) must include a statement of the amount of the remuneration paid by it to all its workers in the year in which the person or entity ceases to be an employer.

(1) The Commission shall, from time to time, calculate and levy assessments on employers.

(2) The Commission shall establish the procedure for levying and paying assessments, which may vary from employer to employer.

(3) An assessment calculated on the basis of an employer’s payroll must not include any portion of the remuneration of a worker that exceeds the Year’s Maximum Insurable Remuneration for that year.

(4) If a worker referred to in subparagraphs 4(1)(b)(ii) and (iii) and paragraphs 4(1)(c) to (e) is not paid remuneration for their employment and no remuneration is established for the worker by the Commission, the employer is not required to pay assessments in respect of the worker.

Safety Discounts and Hazard Premiums

(1) The liability of an employer for its assessment begins on January 1 in the year for which the assessment is levied.

(2) An employer shall pay its assessment at such time as the Commission may establish, and the employer is liable to pay its assessment whether or not the employer receives a demand for payment or a notice of the levy of the assessment.

(3) An employer shall pay the assessments levied by the Commission whether or not any of its workers suffer personal injury, disease or death.

(4) The Commission shall return to an employer the amount of any payment that exceeds the amount of the employer’s liability.

(1) This section applies to any work performed under a contract for service.

(2) The principal on the contract is jointly and severally liable to pay the Commission the amount of any assessment relating to the contract for which its contractor and any subcontractor are liable.

(3) The principal on the contract may withhold, from any money payable to its contractor, the amount of any assessment relating to the contract for which the contractor and its subcontractors would be liable, and may pay that amount to the Commission.

(4) Subject to the terms of the contract, the principal on the contract may recover from

(5) The contractor on the contract is jointly and severally liable to pay the Commission the amount of any assessment relating to the contract for which its subcontractor would be liable.

(6) The contractor on the contract may withhold, from any money payable to its subcontractor, the amount of any assessment relating to the contract for which the subcontractor would be liable, and may pay that amount to the Commission.

(7) Subject to the terms of the contract, the contractor on the contract may recover from its subcontractor the amount of the assessment relating to the contract paid by the contractor but for which the subcontractor would be liable.

(8) A payment collected by the Commission under subsection (2) or (5) or paid to the Commission under subsection (3) or (6) is deemed, as between the principal, the contractor and any subcontractor, to be a payment to the contractor or subcontractor, as the nature of the payment requires.

(9) This section does not apply to the owner of a single family dwelling in respect of work performed on the dwelling, if the dwelling is occupied or intended to be occupied by the owner or his or her family.

(1) An employer shall maintain and make available to the Commission

(2) The Commission may require any person whom the Commission considers may be an employer to send to the Commission a statement signed by the person containing

(3) The Commission may require an employer to send separate statements for each class or subclass of work carried on by the employer.

(1) The "Workers’ Compensation Board" is continued as a corporation with the name "Workers’ Safety and Compensation Commission".

(2) Subject to this Act, the Commission has the capacity and the rights, powers and privileges of a natural person.

(1) The Governance Council of the Workers’ Compensation Board is continued as the Governance Council of the Commission.

(2) The Governance Council shall

(1) The Governance Council is composed of seven directors.

(2) The Minister shall appoint the directors of the Governance Council as follows:

(3) When selecting persons for appointment to the Governance Council, the Minister must use his or her best efforts to

(4) If an agreement with the Government of Nunavut under section 168 is in effect, the Minister shall

(5) For greater certainty, subsection (3) applies to the Minister making a recommendation under paragraph (4)(b).

(6) The President is, by virtue of his or her office, a non-voting member of the Governance Council.

(7) The Governance Council shall establish an audit committee to ensure the critical and objective oversight of the Commission’s

(8) The Governance Council may establish such other committees as it considers appropriate. SNWT 2023,c.7,s.43(3).

(1) The chairperson is, by virtue of his or her office, a member of any committee of the Governance Council, other than the audit committee.

(2) The Governance Council may designate one of its directors to serve as the vice-chairperson.

(3) If the chairperson is absent or unable to act or if the position is vacant, the vice-chairperson shall act in his or her place.

(1) A director of the Governance Council holds office for a term, not exceeding three years, specified in the appointment.

(2) The directors of the Governance Council shall receive remuneration in accordance with the regulations.

(1) The Minister may reappoint a person as a director of the Governance Council if the period of continuous service on the Governance Council does not exceed nine consecutive years.

(2) A person who is appointed as a director of the Governance Council is deemed not to have any period of consecutive service at the time of appointment if at least one year has elapsed since he or she last served as a director. SNWT 2010,c.11,s.4.

(1) The meetings of the Governance Council must be held in the place where the office of the Commission is located or at any other place that the Governance Council may direct.

(2) A majority of the directors of the Governance Council then holding office constitute a quorum.

(1) No action lies for the recovery of compensation from the Commission, and no action may be maintained or brought against the Commission, in respect of any act done or decision made by it in the honest belief that it was within its jurisdiction.

(2) All claims for compensation shall be determined pursuant to this Act.

(1) Subject to the jurisdiction of the Appeals Tribunal, the Commission has exclusive jurisdiction to examine, inquire into, hear and determine all matters and questions arising under this Act.

(2) For greater certainty, the exclusive jurisdiction of the Commission extends to examining, inquiring into, hearing and determining the following matters:

(3) For greater certainty, the Governance Council has exclusive jurisdiction to establish policies that interpret, in advance, how this Act and the regulations apply to particular circumstances.

(4) Every decision of the Commission is final and conclusive, subject to

SNWT 2019,c.32,s.31.

(1) A decision to be made by the Commission under this Act must be made by a member of the staff of the Commission whose position is assigned or delegated that function by the President.

(2) The Commission shall

(3) The Commission may, in making a determination under this Act, accept evidence in any form, if satisfied of its relevance and probative value.

(4) The Commission may reconsider any matter previously dealt with by it and may rescind, vary or amend any act or decision it had previously made, either on its own initiative or at the request of a claimant, employer or other person.

(1) The Commission has the same powers as a court of superior jurisdiction to

(2) The Commission may cause depositions of witnesses, residing in or outside the Northwest Territories, to be taken before any person specified by the Commission, in a manner similar to that of a court of superior jurisdiction.

(1) The Commission may make agreements with governments, institutions and other persons and entities respecting worker safety.

(2) The Commission may make grants to organizations that provide first aid or public safety programs.

(1) For the purpose of ensuring the proper administration of this Act and any other legislation administered by the Commission, the Commission may enter into agreements with the Government of Canada, a government of a province or territory of Canada, an Aboriginal government, or with a ministry, board, commission or agency of such a government under which

(2) Notwithstanding subsection (1), the Commission shall not permit direct access by an entity other than the Commission to databases containing information obtained by the Commission under this Act. SNWT 2019,c.32,s.32.

(1) The Minister may, by order, refer or assign to the Commission the performance of

(2) Notwithstanding any other provision of this Act, the Commission has all the powers, authorities and functions expressed or provided in the statute referred to it for administration or necessary to the proper carrying out of a duty, function or task assigned to it under subsection (1).

(3) The Minister may, in writing, direct the Governance Council to consider any issue that is, or could be, the subject of a policy of the Governance Council.

Financial Powers of the Commission

(1) Subject to subsection (2), the Commission may

(2) The Commission may not, without the approval of the Commissioner in Executive Council,

(1) The Governance Council shall appoint the President of the Commission.

(2) The President is the chief executive officer of the Commission.

(3) The President shall

(4) The President has the status and responsibility of a deputy head under the Public Service Act.

(5) The President may

(6) The Governance Council shall appoint the Corporate Secretary of the Commission to carry out any duties or functions assigned by the Governance Council.

(7) Subject to an agreement with the Government of Nunavut under section 168, the President, the Corporate Secretary and the other staff of the Commission are employees in the public service.

(1) The Commission may designate a member of its staff or another person to be an inspector to carry out inspections and searches under this Act.

(2) The Commission may authorize an inspector to investigate, inquire into and report on any matter that the Commission has authority to examine or inquire into.

(3) An inspector authorized under subsection (2) has the same powers as the Commission in investigating, inquiring into and reporting on that matter, and the Commission may act on the report of the inspector.

(1) The Commission shall, in accordance with subsection 32(1) of the Financial Administration Act, prepare an annual report and submit it to the Minister within 120 days after the end of the Commission’s fiscal year.

(2) The annual report must contain information regarding the Commission’s administration of this Act and the other enactments for which it is responsible, and must include

(3) The Minister shall cause a copy of the annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report.

(4) The President or other representatives of the Commission must, on request, provide the committee of the Legislative Assembly that is responsible for reviewing the Commission’s annual report, with whatever explanations or information it may require. SNWT 2015,c.13,s.180(6).

(1) The Office of the Workers’ Advisor is established to assist workers and others to understand this Act and to make claims for compensation.

(2) The Office of the Workers’ Advisor is independent from and does not form a part of the Commission.

(3) The Minister shall appoint a Workers’ Advisor and such deputy workers’ advisors and staff of the Office of the Workers’ Advisor as the Minister considers advisable.

(4) The following persons are not eligible to be appointed to the Office of the Workers’ Advisor:

(5) An employee in the public service may be appointed to the Office of the Workers’ Advisor, but no person appointed to that Office is to be considered an employee in the public service by virtue of that appointment.

(1) The Workers’ Advisor and a deputy workers’ advisor hold office for the term specified in his or her appointment.

(2) Subject to subsection (3), the budget of the Office of the Workers’ Advisor must be paid out of the Workers’ Protection Fund.

(3) The Governance Council, on behalf of the Commission, may enter into an agreement with the Government of the Northwest Territories respecting the budget and administration of the Office of the Workers’ Advisor.

(4) The budget of the Office of the Workers’ Advisor may not be increased in any year by an amount greater than the cost of living increase established in that year under section 53, unless otherwise provided in the agreement referred to in subsection (3).

(1) The Workers’ Advisor shall, on request,

(2) The Workers’ Advisor may make representations on behalf of a claimant in support of his or her claim to the Commission and the Appeals Tribunal.

(3) The Workers’ Advisor may delegate any or all of his or her powers and duties to a deputy workers’ advisor.

(1) The Commission shall, on the request of a claimant, provide the Office of the Workers’ Advisor with any information the claimant is entitled to access.

(2) The Office of the Workers’ Advisor shall keep confidential any information provided to it by the Commission or a claimant and shall not, without the consent of the claimant, divulge that information to any other person.

(1) The Workers’ Advisor shall, in accordance with the regulations and the agreement referred to in subsection 108(3), prepare an annual report on the functions and activities of the Office of the Workers’ Advisor for the Minister and the Governance Council.

(2) The Minister shall cause a copy of the annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report. SNWT 2015,c.13,s.180(7).

(1) The "review committee" of the former Workers’ Compensation Board is continued as the "Review Committee".

(2) The Review Committee is composed of members of the staff of the Commission designated by the President.

(3) The Review Committee shall, on request under sections 113 and 114 and in accordance with this Act, review decisions of the Commission.

(4) For greater certainty, the Review Committee may exercise any of the powers available to the Commission when making the decision under review.

(5) For greater certainty, no decision or policy of the Governance Council is subject to review.

(1) An employer who is dissatisfied with a decision of the Commission respecting any of the following matters may, in writing, request that the decision be reviewed by the Review Committee:

(2) Notwithstanding a request for a review made to the Review Committee or an appeal to the Appeals Tribunal, the employer remains liable to pay its assessment pending the final decision on the review or appeal.

(1) On receiving a request for a review, the Review Committee shall conduct a review of the decision.

(2) The Review Committee shall give the person requesting the review and any other interested person an opportunity to be heard and to present evidence.

(3) The Review Committee shall allow the presentation of oral arguments, if requested by the claimant or employer involved in the review.

(4) If new evidence becomes available after the decision being reviewed has been made, the Review Committee may

(5) The Review Committee shall, when making its decision, apply any policy of the Governance Council that applies to the subject matter of the review.

(6) The Review Committee may confirm, vary or reverse the decision of the Commission under review.

(7) Subject to the right of appeal under section 128, a decision of the Review Committee is to be considered a final and conclusive decision of the Commission.

(1) The "appeals tribunal" is continued as the "Appeals Tribunal".

(2) The Appeals Tribunal is independent and is not a part of the Commission.

(1) The Appeals Tribunal is composed of at least four members appointed by the Minister in accordance with this section.

(2) When selecting persons for appointment to the Appeals Tribunal, the Minister shall ensure that

(3) If an agreement with the Government of Nunavut under section 168 is in effect, the Minister shall

(4) For greater certainty, subsection (2) applies to the Minister making a recommendation under paragraph (3)(b).

(5) The following persons are not eligible to be members of the Appeals Tribunal:

(1) The Appeals Tribunal shall hear appeals from the Review Committee and applications under section 63 on whether a person is immune from action pursuant to this Act.

(2) The Appeals Tribunal may

(1) The Minister shall designate a chairperson and vice-chairperson of the Appeals Tribunal from among its members.

(2) If an agreement with the Government of Nunavut under section 168 is in effect, the Minister shall consult with the Minister of the Government of Nunavut responsible for the Workers’ Compensation Act (Nunavut) prior to designating the chairperson and vice-chairperson of the Appeals Tribunal.

(3) If the chairperson is absent or unable to act or if the position is vacant, the vice-chairperson shall act in the place of the chairperson.

(4) The chairperson of the Appeals Tribunal may designate a member of the Appeals Tribunal to serve as acting vice-chairperson, and to exercise the powers of the vice-chairperson generally during the temporary absence of the vice-chairperson or in respect of a particular matter, if the vice-chairperson is unable to act in respect of that matter.

(1) A member of the Appeals Tribunal holds office for a term, not exceeding three years, specified in the appointment.

(2) The Minister may reappoint a person as a member of the Appeals Tribunal.

(3) A member of the Appeals Tribunal whose term of office has expired may, at his or her discretion, continue in office and complete his or her duties in respect of a matter commenced, but not concluded, during his or her term in office. SNWT 2008,c.8, s.19.

(1) The Minister may appoint such staff of the Appeals Tribunal as the Minister considers necessary to carry out its responsibilities.

(2) Each member of the staff of the Appeals Tribunal is an employee in the public service.

(3) The Appeals Tribunal may contract for the services of health care providers, lawyers and other professionals that it requires to assist and advise it to carry out its responsibilities.

(1) Subject to subsection (2), the budget of the Appeals Tribunal must be paid out of the Workers’ Protection Fund.

(2) The Governance Council, on behalf of the Commission, may enter into an agreement with the Government of the Northwest Territories respecting the budget and administration of the Appeals Tribunal.

(3) The budget of the Appeals Tribunal may not be increased in any year by an amount greater than the cost of living increase established in that year under section 53, unless otherwise provided in the agreement referred to in subsection (2).

(1) The Appeals Tribunal shall, in accordance with the regulations, prepare an annual report on the functions and activities of the Appeals Tribunal for the Minister and the Governance Council.

(2) The Minister shall cause a copy of the annual report to be laid before the Legislative Assembly at the earliest opportunity after receiving the report. SNWT 2015,c.13,s.180(8).

(1) The Appeals Tribunal has exclusive jurisdiction to examine, inquire into, hear and determine all matters and questions in respect of

(2) Subject to sections 131 and 132, a decision of the Appeals Tribunal is final and conclusive.

(3) No action may be maintained or brought against the Appeals Tribunal in respect of any act or decision done or made by it in the honest belief that it was within its jurisdiction.

(4) For greater certainty, no decision or policy of the Governance Council is subject to appeal.

(1) The Appeals Tribunal shall sit at the times it considers necessary to perform its duties, and shall conduct its proceedings in a manner it considers appropriate.

(2) The chairperson of the Appeals Tribunal shall designate one member of the Appeals Tribunal, including the chairperson, to hear an appeal.

(3) Notwithstanding subsection (2), the chairperson may convene a panel of three members to hear an appeal, if the chairperson considers a panel to be more appropriate.

(1) A claimant or employer may, in writing, appeal any decision of the Review Committee to the Appeals Tribunal.

(2) No appeal may be taken to the Appeals Tribunal more than three years after the day of the Review Committee’s decision, unless the Appeals Tribunal considers there is a justifiable reason for the delay and allows an extension.

(1) The Appeals Tribunal shall, in determining an appeal, give the appellant, the Commission and any other interested person an opportunity to be heard and to present evidence.

(2) The Appeals Tribunal shall, when making its decision, apply any policy of the Governance Council that applies to the subject matter of the appeal.

(3) If the Appeals Tribunal considers that it would assist in hearing the appeal or an application under section 63, it may, in relation to a matter in issue,

(4) The Appeals Tribunal shall make its decision within 90 days after hearing all the evidence in the appeal.

(1) Notwithstanding any other provision of this Act, the Governance Council may, in writing, direct the Appeals Tribunal to rehear all or part of an appeal and to apply a policy of the Governance Council or to comply with this Act or the regulations, if the Governance Council considers that the Appeals Tribunal has failed to

(2) Any person may request the Governance Council to give a direction to the Appeals Tribunal under subsection (1).

(3) No direction may be given to the Appeals Tribunal under this section more than six months after the day of the Appeals Tribunal’s decision.

(4) The Governance Council may only make a direction under subsection (1) once in respect of a single appeal, and may stay the decision of the Appeals Tribunal until the Appeals Tribunal has reheard the matter.

(1) Subject to section 134.1, for the purpose of ensuring compliance with any provision of this Act, the regulations or an order made under this Act, an inspector and any person assisting the inspector may, at any reasonable time,

(2) An inspector shall not enter or inspect the living quarters in a dwelling place for the purposes of subsection (1), unless

SNWT 2019,c.32,s.33.

(1) Notwithstanding section 134, an inspector may only enter and inspect any health care facility in accordance with this section.

(2) An inspector and any person assisting the inspector may, at any reasonable time,

(3) An inspector and any person assisting the inspector shall not inspect or audit any record under subsection (2) except

(4) Subject to subsection (2), nothing in this section authorizes an inspector or any person assisting the inspector to access any records containing personal health information as defined in the Health Information Act.

(5) This section only applies to a health care facility in respect of the provision of treatments or services to a worker, and does not apply to a health care facility in respect of its activities as an employer. SNWT 2019,c.32,s.34.

(1) If an inspector believes, on reasonable grounds, that an offence under this Act has been committed, the inspector may enter any place and search any thing or place for the purpose of obtaining evidence in relation to that offence under this Act, if

(2) If, during the course of an inspection or search, an inspector believes, on reasonable grounds, that a thing is evidence in relation to an offence under this Act, the inspector may seize the thing if

(1) A court may issue a warrant authorizing an inspector to enter a place, search any thing or place and to seize things as evidence, if the court is satisfied by information on oath that there are reasonable grounds to believe that

(2) A court may issue a warrant in respect of the living quarters in a dwelling place for the purposes of section 134, if the court is satisfied by information on oath that there are reasonable grounds to believe that

(3) A warrant may include an order that any person named or identified in the warrant provide any assistance reasonably considered to be required to give effect to the warrant.

(4) A warrant may be issued, with or without conditions, on an application made without notice.

(1) A warrant is not required under section 135, if distance, urgency, the likelihood of the removal or destruction of the evidence or other relevant factors do not reasonably permit the obtaining of a warrant or consent.

(2) Subsection (1) does not authorize the entry and search of the living quarters of a dwelling. Powers in Respect of Inspection or Search

(1) For the purposes of an inspection or search under this Act, an inspector may

(2) An inspector has the power and authority to take affidavits, affirmations or declarations as to any matter with which an inspection or search is concerned.

(3) The inspector must show his or her official identification, on request, to the occupant or person in charge of any place the inspector is entering.

(4) The owner or the person in charge of a thing or place being inspected under this Act, and any person found in the place, shall

(5) The protections afforded to an inspector by this Act or any other law extend to other persons while and to the extent they are in the course of assisting the inspector under the inspector’s direction.

(1) For the purposes of an inspection under this Act, the Commission or an inspector may give to an employer, the agent of an employer or any person the Commission considers might be an employer, written notice requiring that person to produce to the Commission or inspector all documents in the possession, custody or power of the employer, agent or other person relating to the inspection referred to in the notice.

(2) The notice must specify the place and time for the production, which must be at least 10 days after the notice is given.

(3) The person named in and served with the notice shall produce all documents required in accordance with the notice.

(1) The Commission may, by written notice, require an employer to provide security in such amount and form as the Commission considers sufficient to provide for the payment of assessments payable by the employer in the current year or subsequent years.

(2) The Commission may increase the security required from an employer, if the security no longer appears to be sufficient.

(3) The employer shall, within 15 days after being notified, provide the security required by the Commission.

(4) If an employer defaults on the payment of an assessment or otherwise breaches the terms of its security, the Commission may take any proceeding and do any act to realize on any security provided by the employer.

(1) An employer shall pay a prescribed penalty to the Commission, if the Commission determines that the employer

(2) A health care provider shall pay a prescribed penalty to the Commission, if the Commission determines that the health care provider failed to provide information required under section 30.

(3) A municipal corporation shall pay a prescribed penalty to the Commission, if the Commission determines that the municipal corporation failed to give written notice to the Commission under section 160.

(4) A person shall pay a prescribed penalty to the Commission, if the Commission determines that the person disclosed information contrary to section 161.

(5) The Commission may increase a prescribed penalty by all or part of the costs the Commission incurs as a result of the contravention giving rise to the penalty, including the Commission’s costs of investigating the contravention.

(6) The Commission shall, if it is satisfied that a person has a reasonable explanation for the contravention, reduce the amount of a penalty or excuse the person from paying a penalty.

(7) Notwithstanding any other provision of this Act, a person who pays a penalty under this section may not be charged with an offence respecting that contravention, unless the contravention continues after the penalty is paid.

(1) The Commission has the same powers and is entitled to the same remedies to enforce payment of any sum that any employer, worker or other person is required to pay to the Commission under this Act, as the Commission possesses or is entitled to in respect of assessments.

(2) The Commission may reduce, suspend or terminate compensation to a claimant whom it considers has wilfully failed to

(3) The Commission may recover, as a debt due to the Commission, the amount of any compensation paid to a person that exceeds the amount to which he or she is entitled.

(4) In addition to any other remedies available, the Commission may set-off any amount due to it against any compensation or payment that may be or that may become payable to the person indebted to the Commission.

(1) Notwithstanding any other enactment, any amount due to the Commission by an employer under this Act is a charge on the employer’s personal property, including proceeds within the meaning of the Personal Property Security Act.

(2) The purchaser of a business or the bulk sale purchaser of stock or equipment used in connection with a business shall, before paying any part of the purchase price or giving the vendor any security for it, demand and obtain from the vendor a clearance certificate from the Commission stating that the Commission has no claim in respect of the business, stock or equipment.

(3) The Commission may issue to the vendor a clearance certificate stating that the Commission has no claim in respect of the business, stock or equipment, and the vendor must, on demand, provide the clearance certificate to the purchaser.

(4) A purchaser who does not receive the clearance certificate is liable to the Commission for any assessment or other money due to the Commission by the vendor, not exceeding the fair market value of the business, stock or equipment referred to in subsection (2).

(1) The Commission may issue a collection certificate that

(2) The collection certificate, or a copy of it certified by the Corporate Secretary under the seal of the Commission to be a true copy, may be filed with the Clerk of the Supreme Court.

(3) A copy of the collection certificate filed with the court becomes an order of the Supreme Court, and may be enforced as a judgment of that court.

(1) The Commission may order an employer to discontinue and refrain from employing any worker if

(2) The Commission shall serve written notice of the order on the employer.

(3) After receiving the order, the employer shall comply with the order and shall not employ any worker until the employer pays the money or provides the security, as the case may be.

(1) The Commission may, by way of originating notice, apply to the Supreme Court for a restraining order under this section.

(2) The Supreme Court may, on application of the Commission, restrain a person from carrying on any work if

(3) The restraining order may continue until the amount due on the execution for all assessments made by the Commission, together with the costs of the application, are paid. SNWT 2009,c.12,s.18(3).

(1) No person who is required to provide information under this Act shall knowingly or negligently provide false information to the Commission.

(2) No person shall knowingly make any false or misleading statement, either orally or in writing, to an inspector exercising powers or performing duties or functions under this Act.

(3) No person named in and served with a notice under section 139, shall knowingly fail to produce all the documents required in accordance with the notice.

(1) No employer or person acting on behalf of an employer shall prevent, discourage or inhibit, or attempt to prevent, discourage or inhibit, by interference, intimidation or otherwise, a person from making a claim for compensation.

(2) No person shall

(1) A person who attempts to commit an offence or is an accessory after the fact to the commission of an offence is guilty of an offence, whether or not it was possible under the circumstances to commit the offence.

(2) Every person is a party to an offence who

(1) A person may be convicted of an offence, if the offence was committed by an employee or agent of the person during the course of his or her work, whether or not the employee or agent is identified or prosecuted for the offence.

(2) If a corporation commits an offence under this Act, any director, corporate officer or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the offence is guilty of the offence and is liable to the punishment provided for the offence, whether or not the corporation is prosecuted.

(3) Nothing in this section relieves the person who actually committed the offence from liability for that offence.

(1) Subject to this section, a person who contravenes any of the following provisions is guilty of an offence:

(2) A person who commits an offence under this Act is liable on summary conviction

(3) Notwithstanding subsection (2), a person who is convicted of an offence a second or subsequent time is liable to a fine not exceeding double the amount set out in that subsection.

(4) A person who commits or continues an offence on more than one day is liable to be convicted for a separate offence for each day on which the offence is committed or continued.

(1) A fine imposed on an employer for an offence involving more than one worker may be calculated as a total of separate fines for each worker, as if the offence had been the subject of a separate information in respect of each worker.

(2) If a person is convicted of an offence and the court is satisfied that monetary benefits accrued or could have accrued to the person as a result of the commission of the offence,

(1) For the purpose of providing notice of a workplace accident or incident to officials responsible for ensuring compliance with other legislation administered by the Commission, the Commission may disclose the information specified in subsection (2) to the following officials:

(2) The Commission may disclose any of the following information obtained by it under this Act:

SNWT 2019,c.32,s.35.

(1) Subject to subsection (2), a claimant, or his or her legal or personal representative, may examine and copy information generated in processing the claim, including medical reports.

(2) The Commission may provide the information that would be available to a worker under subsection (1) to a legal or personal representative of the worker, instead of to the worker directly, if it considers that

(1) In addition to providing a copy of the progress report under subsection 25(5), the Commission shall, on request, disclose to an employer the following information in the Commission’s possession:

(2) No person shall use any personal or medical information obtained under paragraph (1)(b) that relates to a worker for any purpose other than for the review or appeal.

(1) A person or employer who is required to send information to the Commission shall do so without delay.

(2) Any information required to be kept, sent to or made available to the Commission under this Act must be in the form and contain the detail required by the Commission.

(1) The form and manner for the service or filing of documents with the Commission must accord with the policies of the Governance Council and any procedures established by the Commission.

(2) A document served by registered mail is deemed to be served on the seventh day after mailing, unless there is evidence to the contrary.

(1) The Minister, on behalf of the Government of the Northwest Territories, may enter into agreements with the Government of Nunavut establishing the terms and conditions under which the Government of the Northwest Territories, the Commission, the Appeals Tribunal and the Office of the Workers’ Advisor may provide services, exercise powers and perform duties and functions for Nunavut.

(2) The parties to an agreement entered into under subsection (1) may amend, terminate or replace the agreement or any earlier agreement made for the same purpose.

(3) An agreement entered into under subsection (1) must include the terms and conditions for determining, on the termination of the agreement,

(4) For greater certainty, the assets and liabilities referred to in subsection (3) are all of the assets and liabilities of the Commission that exist on the termination of the agreement, and not just those assets and liabilities that are accrued or incurred by the Commission while the agreement is in effect.

(5) On the termination of an agreement entered into under subsection (1), the assets and liabilities referred to in subsection (3) must be divided in accordance with the agreement, subject to any subsequent amendment.

(6) For greater certainty, subsection (5) does not apply to an agreement terminated only because it is replaced by another agreement.

(7) Notwithstanding any other enactment, the Commission may, in accordance with an agreement entered into under subsection (1) and the Workers’ Compensation Act (Nunavut), administer the Workers’ Protection Fund established under this Act and the Workers’ Protection Fund established under the Workers’ Compensation Act (Nunavut) as if the two Funds together constitute a single Workers’ Protection Fund.

(8) For greater certainty, the Commission may, in the circumstances described in subsection (7),

(9) A member of the staff of the Commission who

is not entitled to severance benefits or pay for the termination of the member’s employment in the public service of the Territories, notwithstanding anything to the contrary in the Public Service Act, any collective agreement or any memoranda of understanding or agreement between an employees’ association and the Government of the Northwest Territories.

(1) For greater certainty, the following are not statutory instruments as defined in the Statutory Instruments Act:

(2) Any document the Commission is required to publish under this Act must be published in the Northwest Territories Gazette.

(3) A regulation may incorporate by reference, with or without variation, a document created by another person or entity, as amended from time to time.

(4) Where a document is incorporated by reference or adopted under this section, publication in the Northwest Territories Gazette of a notice identifying the document, stating where copies of the document can be obtained, the extent of its incorporation or adoption and setting out the variations to which it is subject is deemed, for the purposes of the Statutory Instruments Act, to be sufficient publication without publishing the text of the document in the Northwest Territories Gazette.

(1) The Minister may, after consulting with the Governance Council, appoint a panel to conduct an evaluation of all or part of this Act.

(2) The panel must be composed of

(3) The panel shall conduct its evaluation in accordance with terms of reference established by the Minister.

(4) The panel must complete its evaluation and submit its report to the Minister within 12 months after its appointment.

(5) The Minister shall table a copy of the panel report before the Legislative Assembly at the first sitting following his or her receipt of the report.

(6) The Minister may direct, on the recommendation of the Governance Council, that the costs of the panel be paid out of the Workers’ Protection Fund.

(1) This section applies in respect of any personal injury, disease or death that occurred before this Act comes into force.

(2) Whether a person is entitled to compensation and the nature of the compensation, if any, must be determined in accordance with the law in effect at the time the injury, disease or death occurred, except to the extent that the compensation or related rights are modified or revoked by express words in any subsequent enactment respecting workers’ safety or compensation.

(3) The procedures for making a claim for compensation and reviewing or appealing that claim must follow the procedures set out in this Act.

(4) If a person married or remarried after April 16, 1985, and for that reason ceased to be entitled, under any predecessor to this Act, to compensation in respect of the death of a worker, the marriage or remarriage of that person is deemed not to have, and never to have had, any effect on the person’s entitlement to compensation under this Act or any predecessor to this Act.

(5) Any person entitled to a special payment under the predecessor to this Act continues to be entitled to that payment in accordance with the law as it existed immediately before this Act comes into force.

(1) Any decision, determination, direction, order, policy, bylaw, resolution or other instrument made by the Workers’ Compensation Board that existed immediately before this Act comes into force continues in effect as if it were made by the Commission or Governance Council, as the case may be, to the extent it is not inconsistent with this Act or the regulations, until it expires or is terminated or repealed.

(2) An agreement, memorandum of understanding, contract, licence, right or obligation of the Workers’ Compensation Board that existed immediately before this Act comes into force continues in effect as if it were made by, entered into by or belonged to the Commission, to the extent it is not inconsistent with this Act or the regulations, until it expires or is terminated.

(3) Any agreement, memorandum of understanding, contract, licence, right or obligation to which subsection (2) applies and any instrument in which the Workers’ Compensation Board is named, shall be construed and given effect as if the Commission had been named instead of the Workers’ Compensation Board.

(1) In this section, "former Act" means the Workers’ Compensation Act, R.S.N.W.T 1988, c.W-6.

(2) Subject to subsection (4), any matter pending before the appeals tribunal immediately before this Act comes into force continues before the Appeals Tribunal in accordance with this Act.

(3) Subject to subsection (4), the appointment of a member of the appeals tribunal under the former Act terminates on the coming into force of this Act.

(4) Where the appeals tribunal has commenced, but not concluded, the hearing of an appeal before this Act comes into force,

(1) Any action, application or other legal proceeding or any remedy that was commenced, or could have been commenced, by or against the Workers’ Compensation Board immediately before this Act comes into force may be continued or brought by or against the Commission, without the parties being required to amend the style of cause in that action, application or proceeding.

(2) Any matter pending before the Workers’ Compensation Board immediately before this Act comes into force continues before the Commission, and any matter pending before the review committee of the Board continues before the Review Committee.