In Canada, The Constitution of Human Rights in regards to Injured Workers is Governed by both Federal and Provincial Laws.
1. Federal Level:
The Canadian Charter of Rights and Freedoms, which is part of The Constitution Act, 1982, guarantees certain Fundamental Rights and Freedoms to all Canadians, including injured workers. These rights may include the right to Equality, Freedom from Discrimination, and The Right to Life, Liberty, and Security of the person. While the Charter does not specifically address Workers’ Compensation, it provides a framework for ensuring that injured workers are treated Fairly and Equitably under the law.
https://laws-lois.justice.gc.ca/eng/const/page-12.html
2. Provincial Level:
Each province and territory in Canada has its own workers’ compensation system, which is governed by provincial or territorial legislation. These laws establish the rights and obligations of injured workers, employers, and the workers’ compensation boards or commissions that administer the system.
https://www.ccohs.ca/oshanswers/information/wcb_canada.html
– For example, in Ontario, the Workplace Safety and Insurance Act, 1997 (WSIA) sets out the rights and responsibilities of workers and employers in relation to workplace injuries and illnesses. It establishes the Workplace Safety and Insurance Board (WSIB), which administers the workers’ compensation system in the province.
– In British Columbia, the Workers Compensation Act governs the workers’ compensation system, with the WorkSafeBC being the agency responsible for administering the system.
– Each province and territory has its own legislation and agency responsible for workers’ compensation, so the specific rights and protections available to injured workers may vary.
Overall, the constitution of human rights in Canada, both federally and provincially, aims to ensure that injured workers are treated fairly and have access to benefits and services to help them recover and return to work.
The division of workers’ compensation legislation and agencies among provinces and territories in Canada is rooted in the country’s division of powers between the federal and provincial/territorial governments. According to the Canadian Constitution, the division of powers is outlined in sections 91 and 92 of the Constitution Act, 1867.
1. Federal Powers
(Section 91):** The federal government has jurisdiction over certain areas, including:
– Criminal law
– Trade and commerce
– Banking
– Immigration
– Copyrights
– Patents
2. Provincial Powers
(Section 92):** The provinces have jurisdiction over matters such as:
– Property and civil rights
– Education
– Health care
– Natural resources
– Local government
Workers’ compensation falls under the category of labor and employment, which is considered a provincial matter under the Constitution Act, 1867. As a result, each province and territory has the authority to enact its own legislation and establish its own workers’ compensation system.
While the Canadian Charter of Rights and Freedoms protects certain fundamental rights, including equality and freedom from discrimination, it does not specifically address workers’ compensation. Instead, it provides a framework for ensuring that all laws, including those related to workers’ compensation, comply with its provisions.
The existence of separate workers’ compensation systems in each province and territory allows for flexibility to tailor the systems to the unique needs and circumstances of each jurisdiction. However, there are efforts to ensure consistency and fairness across the country, such as through the Canadian Association of Workers’ Compensation Boards, which facilitates cooperation and information sharing among jurisdictions.
Overview of how Workers’ Compensation is organized in each province and territory in Canada:
1. Alberta:
– Legislation: Workers’ Compensation Act
– Agency: Alberta Workers’ Compensation Board (WCB)
2. British Columbia:
– Legislation: Workers Compensation Act
– Agency: WorkSafeBC
3. Manitoba:
– Legislation: Workers Compensation Act
– Agency: Workers Compensation Board of Manitoba (WCB)
4. New Brunswick:
– Legislation: Workers’ Compensation Act
– Agency: WorkSafeNB
5. Newfoundland and Labrador:
– Legislation: Workplace Health, Safety and Compensation Act
– Agency: WorkplaceNL
6. Northwest Territories:
– Legislation: Workers’ Compensation Act
– Agency: Workers’ Safety and Compensation Commission
7. Nova Scotia:
– Legislation: Workers’ Compensation Act
– Agency: Workers’ Compensation Board of Nova Scotia (WCB)
8. Nunavut:
– Legislation: Workers’ Compensation Act
– Agency: Workers’ Safety and Compensation Commission
9. Ontario:
– Legislation: Workplace Safety and Insurance Act
– Agency: Workplace Safety and Insurance Board (WSIB)
10. Prince Edward Island:
– Legislation: Workers Compensation Act
– Agency: Workers Compensation Board of Prince Edward Island (WCB)
11. Quebec:
– Legislation: Act Respecting Industrial Accidents and Occupational Diseases (AIAOD)
– Agency: Commission des normes, de l’équité, de la santé et de la sécurité du travail (CNESST)
12. Saskatchewan:
– Legislation: Workers’ Compensation Act
– Agency: Workers’ Compensation Board of Saskatchewan (WCB)
13. Yukon:
– Legislation: Workers’ Compensation Act
– Agency: Workers’ Compensation Health and Safety Board
Each province and territory has its own workers’ compensation legislation and agency, reflecting the jurisdictional differences in labor and employment matters.
These agencies are responsible for administering the workers’ compensation system in their respective jurisdictions, including providing benefits to injured workers, promoting workplace safety, and managing employer premiums.
To ensure that The Meredith Principles are upheld in Workers’ Compensation Systems across Canada, several suggestions can be considered:
1. **Legislative Review:**
Regular reviews of Workers’ Compensation Legislation to ensure it aligns with The Meredith Principles and modern standards of Fairness and Equity.
2. **Stakeholder Engagement:**
Involvement of injured workers, employers, unions, and other stakeholders in the development and review of workers’ compensation policies to ensure they meet the needs of all parties.
3. **Transparency:**
Transparent processes for decision-making and appeals within the workers’ compensation system to ensure fairness and accountability.
4. **Access to Justice:**
Ensuring that injured workers have access to legal representation and assistance in navigating the workers’ compensation system.
5. **Education and Awareness:**
Providing education and training to workers, employers, and healthcare providers about workers’ compensation rights and obligations.
6. **Injury Prevention:**
Investing in programs and initiatives to prevent workplace injuries and illnesses, in line with the principle of “fairly allocating the costs of workplace injury among the interested parties.”
7. **Rehabilitation and Return to Work:**
Supporting injured workers in their recovery and return to work through rehabilitation programs and accommodations, consistent with the principle of “providing compensation for workers who are injured in the course of their employment.”
8. **Monitoring and Evaluation:**
Regular monitoring and evaluation of workers’ compensation systems to assess their effectiveness in meeting the Meredith principles and making improvements where necessary.
By implementing these suggestions, workers’ compensation systems in Canada can better uphold the Meredith principles and ensure that injured workers are treated fairly and equitably.