June 25, 1998:

In response to a request to the Attorney General, the royal commission has been granted a three-month extension to its mandate, and will now report on December 31, 1998.

There were 3 principal reasons for requesting this extension:

• public participation far exceeded the commission's original forecast;
• the 2200 submissions received, together with the commission's own research, raised a number of complex issues which were not previously identified; and
• the need for additional time to reconcile the relationships among the variety of issues in workers' compensation.

Update on public presentations and written submissions

The process for accepting written submissions and oral presentations has now ended. The commission is now reviewing and analyzing the issues identified through that process. The results of this analysis will form part of the commission’s deliberations as it drafts its final report.

A total of 1657 individuals and organizations sent 2036 written submissions to the commission. Table One organizes the submitters according to the Workers’ Compensation Board’s twenty service delivery locations. Table Two organizes the submissions according to "stakeholder" type.

Table One: Submitters by SDL
 
 

GEOGRAPHIC AREA	WCB REGION	# OF SUBMITTERS
Nanaimo/Duncan/Port Alberni/Central Vancouver Island	A	108
Burnaby	B	94
Canada	C	36
North & West Vancouver/Squamish/Whistler/Bella Bella & Central Coast	D	130
Prince George/Quesnel/Fort St. John/Northeast BC	E	135
International	F	1
Surrey/Langley	G	90
Richmond/Delta	H	40
Vancouver City	I	80
Coquitlam/Port Coquitlam/Port Moody/Pitt Meadows/Maple Ridge	J	73
Cranbrook/Fernie/Golden/South East BC	K	70
Vernon/Salmon Arm/Revelstoke	L	120
Trail/Castlegar/Nelson/Kootenays	N	91
Kelowna/Penticton/South Okanagan	P	83
Terrace/Kitimat/Queen Charlottes/Smithers/North West BC	R	55
Kamloops/Merritt/Lillooet/Williams Lake/Blue River/Central BC	S	118
Prince Rupert	T	14
Abbotsford/Chilliwack/Hope/Mission/Eastern Fraser Valley	U	76
Victoria/South Vancouver Island	V	115
Courtenay/Campbell River/Port Hardy/Powell River/Sunshine Coast	Y	128
Total		1657

 

Table Two: Submissions by Stakeholder Group
 
 

Group	# of Submissions
Advocacy Groups	16
Consultants	31
Employer Associations	92
Federal Government	1
General Public	242
Independent Employers	316
Injured Worker Associations	31
Injured Workers	1025
Media	1
Medical Professionals	29
MLAs	4
Municipal Govt/Serv	24
NGOs	8
Porfessional Associations	37
Provincial Government	7
Union/Labour Associations	27
Unions	137
Victims of Crime	8
Total	2036

 

The commission also heard from 825 individuals or organizations at 55 public hearings.

These presentations took place in:
 
 

Abbotsford	Burnaby	Campbell River	Castlegar
Chetwynd	Chilliwack	Coquitlam	Cranbrook
Dawson Creek	Fernie	Fort Nelson	Fort St. John
Golden	Kamloops	Kelowna	Kitimat
Nanaimo	New Westminster	North Vancouver	Penticton
Port Alberni	Port Hardy	Powell River	Prince George
Prince Rupert	Quesnel	Revelstoke	Richmond
Salmon Arm	Smithers	Surrey	Terrace
Trail	Vancouver	Vernon	Victoria
Williams Lake

 

The commission is beginning the second phase of its public consultation. The object of this consultation process is to ensure that the information and opinions relevant to the commission's terms of reference have been received.

Board Presentations: End of February - Beginning of March

The Workers' Compensation Board will make presentations to the commission and the public over a two-week period in the end of February and beginning of March.

The royal commission has identified issues it would like the board to present. These issues were identified through the commission's consultation process and research and in conjunction with representatives of the labour, employer and injured worker communities.

Following the board's presentation of each issue there will be an opportunity for the commission and counsel for the labour, employer and injured worker communities to question the board on the material it has presented and on other issues relevant to the commission's mandate.

The commission will announce the dates and location of the presentations in the Vancouver Sun and Province. Please contact the commission office for further information. Interest Group Presentations: Beginning of April

The commission is setting aside April 6 to 17 inclusive for public presentations from counsel representing the labour, employer and injured worker communities. These presentations will focus on outstanding issues that the interest groups feel need to be presented to the commission. Each group will have an opportunity to respond to each other's comments in its presentation and through written submissions to the commission.

The commission will announce the dates and location of the presentations in the Vancouver Sun and Province. Please contact the commission office for further information.

Representation for Injured Workers

Appropriate representation for injured workers is a challenge that has faced every royal commission on workers' compensation in BC. To meet this challenge, the commission has retained Jim Sayre to represent the interests of injured workers at the February, March and April meetings. Jim will take his instructions from the commission, and will work with injured workers and injured worker groups to bring forward issues and develop questions for the board presentations.

Jim is the staff lawyer at the Community Legal Assistance Society (CLAS) responsible for workers' compensation and unemployment insurance casework, community development, and law reform, and for some human rights proceedings and constitutional equality cases. He has appeared in administrative appeals at all levels, and in courts up to the Supreme Court of Canada. In 1979, Jim collaborated with Allan MacLean, the former staff lawyer, and with Craig Paterson on the Napoli case, which resulted in workers gaining access to WCB claim files for the first time in Canada.

At approximately the same time, CLAS formed the Workers' Compensation Advocacy Group, which now has approximately 200 members. Since 1987, Jim has organized and chaired the Group's monthly meetings, at which private and legal aid lawyers, community advocates, workers' advisers, and trade union representatives come together to share information and work for better treatment of injured workers.

Written Submissions

The final date for receiving written submissions from the public is January 31, 1998.

The Royal Commission on Workers' Compensation has presented its first report and recommendations to cabinet. Among the more than 60 recommendations in the 180-page report dealing with occupational health and safety issues is a call for a separate occupational Health and Safety statute that would see the promulgation of regulations shift from the Workers' Compensation Board (WCB) to the provincial government.

"As the elected representatives of the people, government, not the WCB, should define the social policy objectives associated with prevention and occupational health and safety issues," explained Commission Chair Judge Gurmail Singh Gill. "In addition the legislation should provide directives and guidance to the WCB on how to achieve those objectives. As it stands now, the WCB not only sets the agenda and objectives, it also develops and implements the regulations."

Among the Commission's other recommendations:

Legislative Framework for Occupational Health and Safety in BC

- The new Act should identify the fundamental rights and responsibilities of all parties as they relate to workplace health and safety
- The Act should include a worker's right to know about workplace health and safety issues, as well as the right to fully participate in developing and implementing prevention programs.
- Workers should have the right to refuse unsafe work without retaliation.
- Occupational health and safety penalties for employers should be increased from a maximum of $185,000 to a maximum of $500,000.
- A worker's health and safety responsibilities, such as following safe work procedures, using protective equipment and reporting hazards should be included in legislation.
- As an alternative to prosecution, employers, workers and other workplace parties should be subject to financial penalties.

Regulatory Review Process:

- The regulation review process should be ongoing and completed every three years, keeping up with changes in the workplace. The last complete regulatory review in British Columbia took place 20 years ago.
- The review process should be more inclusive, involving a variety of stakeholders.
- Place ultimate responsibility `for completion of the review process with the Minister of Labour, not the WCB.

Fatality Benefits:

- Expand the definition of "spouse" to include common law and same sex relationships of two years or longer. Current common law survivor benefits require relationships to have existed for at least three years.
- Increase the age of a child eligible for dependend survivor benefits from 18 to 19 years. In addition, the age of dependent children eligible for survivor benefits while attending post secondary studies should increase from 21 to 25 years.
- Survivor benefits to separated spouses and their children should be paid at a level equal to any existing court maintenance or separation order, regardless of whether the deceased was in compliance with the payments at the time of death. Benefits should not exceed maximum allowances under the Act.
- It should be mandatory in the Act that the WCB assess and provide vocational retraining of a surviving spouse and counselling services for dependents where they are requested and required.
- Funeral benefits should increase from $2,900 to $6,000.

"At the end of the day, every worker deserves to go home as healthy as they arrived at work. As a result, one of the most important parts of the report is our belief that occupational health and safety has to be more than a pleasant catch phrase with a nice ring to it," said Stoney.

"If workers are going to be properly protected on the job then we need to put some teeth into new legislation that makes health, safety and prevention of injuries and illness around the workplace everyone's responsibility. Equally important, workers need to be able to refuse unsafe work without fear of retaliation. Therefore, they should have a significant part to play in developing prevention regulations and programs."

Pointing to the five dozen recommendations, Oksana Exell warned that waiting 30 years to look at the workers' compensation system and 20 years to review occupational health and safety regulations is too long.

"We cannot let these decades of delay happen ever again," said Exell. "As a province, we have to stay on top of the changes in the workplace and the way we do business in British Columiba. We should be taking a cue from the BC businesses that are modernizing for the next century and bring our legislation and regulations in line with tomorrow's British Columbia."

The Commission will address all other aspects of its terms of reference in its main report which is due in September, 1998. These terms include the operation and services of the WCB, as well as disability and fatality compensation issues.

The Commission's first report is part of a comprehensive 22-month review and comes after six months of public hearings across British Columbia.



From: Royal Commission on Workers' Compensation in BC
Date: Oct 31, 97
Royal Commission sending First Report on Workers' Compensation System to Government, Nov.5 (Public copies available November 6)

Vancouver, BC: The Royal Commission on Workers' Compensation has completed its first report which it will present to cabinet on November 5. Public copies of the report and its recommendations which deal with occupational health and safety issues and fatality benefits will be available on November 6.A media briefing by Commission Chairman Judge Gurmail Singh Gill and co-commissioners, Gerry Stoney and Oksana Exell, is also planned for 11:00 am, Thursday, November 6.The report is part of a comprehensive 22-month review and comes after six months of public hearings across the province. The Commission's final report and recommendations to government are due in September, 1998.The report will be available on the Royal Commission's internet site (www.bcroyalcom.org). Individuals and organizations that made a presentation to the Commission will be mailed a copy of the report. Others interested in receiving a copy should write, telephone or fax the Commission at:

Royal Commission on Workers' Compensation
1440 - 615 Howe Street, Vancouver, BC V6C 2T6
Tel: (604) 660-0130, or 1-800-522-0312
Fax: (604) 660-0199



Please go to the "Reports" link for a copy of the commission's October 31, 1997 report on Sections 2 and 3(a) of the Terms of Reference.

Re: Disclosure Requests

As a follow-up to our discussion, you asked on behalf of the Royal Commission on Workers' Compensation in British Columbia that an expedited disclosure request procedure be established for claimants wishing to make presentations to the Royal Commission. These procedures are only for those requests that specifically state that the disclosure is to prepare for a presentation before the Royal Commission or for requests that come from the Royal Commission offices directly.

The following procedures will be used when a disclosure request is received from an individual who wishes to make a presentation before the Royal Commission:

· Written requests which identify the purpose for disclosure is for a presentation before the Royal Commission will be dealt with on a priority basis and will be disclosed within 72 hours of receipt of the request; · Written requests received directly from the Royal Commission or where the Royal Commission requests expedited disclosure for an individual for a presentation before the Commission will be dealt with on a priority basis and will be disclosed within 72 hours of receipt of the request; and · Written requests which identify the purpose for disclosure is for a presentation before the Royal Commission and where the file is located in an Area Office, will be photocopied by Area Office staff and the file copies be forwarded to the individual directly.

The processes described above are dependent on activity with relation to a file, for example, if a individual has made a request for a review of their file by the Review Board and the file is at the Review Board then it would be difficult to have them interrupt their analysis, release the file for disclosure and then begin their analysis a second time. In the noted situation, or similar situations, we will inform the applicant and provide a copy of the letter to the Royal Commission indicating that disclosure will take longer than 72 hours and provide an estimated disclosure date.

The above procedures will ensure a quick response to those requesting disclosure for the purpose of a presentation before the Royal Commission. A quick turnaround on all disclosure requests continues to be a challenge as the increase in the size of the files as well as the increase in the number of disclosure requests received make it extremely challenging to complete all requests in a timely manner.

We are taking a number of steps to eliminate the queue of disclosure requests we now have and there will be a reduction in the time claimants must wait to receive disclosure soon.

Appeal Disclosure

Appeal disclosure provides claimants with all of the information contained within his or her claim file. Specifically, the claimant is provided with,

· the claim file cover (inside and outside); · the claim file history sticker (if applicable); · all documents within the file sorted by claim section in order of Claims, Miscellaneous, Medical, Accounts and Memos; and · contents of files held within the claim file including legal folders, Medical Review Panel folders, etc. (note that most files do not contain additional folders).

Normal Course of Business

Under normal course of business disclosure requests are received requiring a page by page review prior to disclosure. The page by page review seeks to remove material such as personal information of a third party unrelated to the claim or material which would not be available under Sections 12 through 22 of the Freedom of Information and Protection of Privacy Act. Whenever information is severed from the file the claimant is provided with,

· a letter listing the document(s) severed; and · a procedure to request the severed material through the Freedom of Information and Protection of Privacy Office.

If there is anything further we can do to assist the Royal Commission in this regard, please do not hesitate to contact me.

The Royal Commission has been asked whether it is necessary to make a written submission before being allowed to present at a public hearing. This is not the case.

If you are able to send a written submission in advance to the commission, it will help the commission prepare for the hearings.

If you do not have the time to make a written submission before the hearing in your community, please send the commission a brief outline describing the matters you want to talk about. You may then send your complete written submission to the commission after the hearing date.

Your submission or outline should be at the Commission's office at least 10 days before you want to speak.

If you are unable to make a written submission or outline because of a disability or literacy difficulty, please contact the Commission and we will assist you.

Staff will take your telephone number and address and ask where you would like to speak. Please confirm that a written submission or outline is being sent or that you need assistance in making your submission.

We will give you as much notice as possible so that you can organize your schedule.

If a large number of people want to make a presentation in your community you may not get an opportunity to speak. If this happens, Commission staff will let you know. The Commission will keep your name on file and if a scheduled speaker cannot attend people from this list will be asked to speak.

If you have not contacted the Royal Commission but would like to speak at a public meeting please come to the meeting nearest to you. Commission staff will take your name and phone number and will contact you at a later date to discuss your request.

The Commission encourages all interested persons who are able to do so to make their views known to the Commission in writing. Your written submissions will be carefully read and considered whether or not you make an oral presentation.

The deadline for written submissions on Occupational Health & Safety, and on fatality benefits, is August 15, 1997. The deadline for written submissions on all other issues is January 31, 1998.

VANCOUVER – Gurmail Singh Gill, a B.C. Provincial Court Judge, has been named to head a three-member Royal Commission on the Workers' Compensation Board, labor Minister Moe Sihota announced today.

The commission's province-wide public hearings will examine the statutory framework, mandate, structure, organization, governance and administration of the B.C. workers' compensation system.

"Many of my constituents and those of my colleagues around the province who have had dealings with the WCB are unhappy with the way they have been treated and have brought their concerns to us as their elected representatives," Sihota said. "This independent royal commission will have a wide-ranging mandate to examine and report on the concerns of British Columbians over the WCB, and to recommend ways to address those concerns."

Sihota said he expects the commission to recommend ways to improve workplace safety. In 1995, more than 190,000 workplace injuries occurred. There were 134 work related fatalities and 4,504 people became permanently disabled. The Workers' Compensation Board paid out more than $700 million.

"The human and economic cost of workplace accidents and illness remains nacceptably high, " Sihota said.

In addition to Gill, who will head the commission on a full-time basis, two part-time commissioners have been appointed. They are Oksana Exell, former director of the B.C. and Yukon chapter of the Canadian Federation of Independent Business, and Gerry Stoney, outgoing president of the IWA-Canada.

Sihota said he expects the commission to begin work immediately and produce an interim report by May of 1997. The final report is due in December 1997.

The last full independent review of workers' compensation in B.C. was completed in 1965.

After November 13, people outside Victoria who want more information about the Royal Commission can call Enquiry BC toll-free in B.C. 1-800-663-7867 (660-2421 in the Lower Mainland) and ask to be transferred to 356-0531.