Canadian Interjurisdictional Issues:
Do I have a right to move if I have suffered a work related injury?
The answer, in short is Yes. A right to take up residence anywhere in Canada for Canadian citizens is guaranteed in the Charter of Rights - the Constitution. Furthermore you have a right o exercise this right without reprisal.
All WCBs in Canada have agreements with each other so if a person moves from say Ontario to Manitoba, the Manitoba takes up the injured workers claim.
The Federal Labour Program is responsible for workers compensation claims that involve federal government employees - both inside and outside of the country - who are injured on the job, become sick from an occupational disease or are slain while on duty. They also administer claims submitted by certain merchant seamen and federal penitentiary inmates.
If you are a federal government employee, merchant seaman, or a federal penitentiary inmate and suffer a work injury click here on more specific information.
Or more information call 1-800-641-4049, offers 24-hour bilingual information.
Association of WCBs of Canada:
This is an "Association of Workers Compensation Boards for Canada".
40 University Avenue, Suite 1007
Toronto ON M5J 1T1
Telephone: (416) 581-8875 or Toll-Free: 1-855-282-9222
Fax: (416) 581-1635
This association has a lot of helpful statistical information on workplace injuries and workers compensation in Canada.
Canadian Territorial WCBs:
Population: 36.3 million (2016)
Political Regime Type: Westminster Federal Parliamentary Democracy within a Constitutional Monarchy.
There are three to four levels of government in most locations. Local, Municipal, Provincial, and Federal. Canada's Constitution has a separation of powers between the Federal and Provincial governments.
Independence: From United Kingdom of Great Britain on July 1, 1867
Location: Canada is located in the continent of North America and is the northern most country. The country has three borders of water in the north the Artic ocean, in the east the Atlantic ocean, and in the west the Pacific ocean.
Composition: There are 9 Provinces and 3 territories. The Provinces are from west to east: British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick, Prince Edward Island, Newfoundland and Labrador. The territories from west to east: Yukon, Northwest, and Nunavut.
Law: Has a dual system of law, in English Canada it has the British common-law system. In Quebec, unique to the rest of the country it has a system of law that is based on the French-heritage civil law. Public law, criminal law and other federal law operate according to Canadian common law.
The British North America Act of 1867 was the first Constitution in Canada. Then in 1982, the Constitution was amended and included the Charter of Rights and Freedoms, which is part of the Constitution. According to the Constitution (Sec. 52) the constitution and all its parts, is the supreme law of Canada and any law that is in conflict the constitution is of no force or effect.
Provincial and Territorial WCBs in Canada:
In Canada, all Provinces and Territories have a government managed insurance board system. The systems are based on the Justice Sir Meredith principles of workers compensation. The Meredith Principleswere created out of a Ontario provincial commission where Justice Meredith was the chair. In 1913 the Ontario legislature commissioned a study to look into and to improve the plight of injured workers in the Province of Ontario. After completion of the report in 1914 the Ontario Government passed into law the Workers Compensation Act, which created the first workers compensation system, of its kind in Canada. This this spread across Canada.
TheMeredith Principles are based on the report that was submitted to the legislation the following were his key points:
No need to prove the accident was the employer’s fault, no extra charge to the employer.
An inquiry system, based on benefit of the doubt that “seeks to compensate,” and cannot be challenged in court. No blame.
Compensation for as long as disability lasts:
Worker can depend on security of benefits based on lost wages and promptly paid. The injured worker was not to become a financial burden on their family or the community.
Employer pays the rates because the costs can be passed on to others (in prices of goods and services, and in wage negotiations). Meredith noted that workers cannot pass the cost on and pay in other ways, including some level of lost income despite the compensation.
Employers pay into single accident fund and do not suffer financial consequences from the cost of a specific accident.
Independent Public Agency:
Set up to be a non-partisan organisation to administer claims and assessments. Meredith indicated the system was to provide “full justice” not “half-measures,” to the injured worker. The early WCB had a motto: Justice and Humanity Speedily Rendered
However, in Ontario where it was created, many would agree that current workers compensation laws violate not just all of these principles, but also the Charter of Rights and Constitution!
Types of WCBs in Canada:
In Canada there is a Federal WCB, Provincial WCBs, and Territorial WCBs. Depending on where you live and who your employer is, depends on which one applies to you. If you are NOT an employee of the Federal Government then you deal with the Provincial or Territorial WCBs.