Blind Workers' Compensation Act, R.S.O. 1990, c. B.8, Blind Workers' Compensation Act
Blind Workers’ Compensation Act
R.S.O. 1990, CHAPTER B.8
Note: This Act was repealed on January 1, 1998. See: 1997, c. 16, ss. 18, 19.
Amended by: 1997, c. 16, s. 18.
Definitions
1. In this Act,
“blind worker” means a worker as defined by the Workers’ Compensation Act who has a central visual acuity in his or her better eye reading 6-60 or 20-200 or less; (“travailleur aveugle”)
“Board” means the Workers’ Compensation Board; (“Commission”)
“employer” means an employer as defined by the Workers’ Compensation Act who employs a blind worker; (“employeur”)
“full cost of compensation” means the compensation, burial expenses, cost of furnishing medical aid, and all other amounts payable under or by virtue of Part I of the Workers’ Compensation Act by reason of a blind worker meeting with an accident for which he or she would be entitled to compensation under such Act, and includes the capitalized sum or present value of the sum required as determined by the Board to provide for future payments of compensation to the pensioner or his or her dependants; (“montant total de l’indemnité”)
“Institute” means The Canadian National Institute for the Blind; (“Institut”)
“Ministry” means the Ministry of Labour. (“ministère”) R.S.O. 1990, c. B.8, s. 1.
Reimbursement to employers
2. Where the full cost of compensation exceeds $50, the Ministry shall, in the case of industries coming under Schedule 1 of the regulations under the Workers’ Compensation Act, pay the compensation to the Board by way of reimbursement to the accident fund as defined by such Act, and, in the case of industries coming under Schedule 2 of such regulations, pay the compensation to the employer, upon receiving from the Board a certificate of the full cost of compensation, which certificate may be accepted by the Ministry without further proof. R.S.O. 1990, c. B.8, s. 2.
Prior awards
3. In making any award to a blind worker for injury by accident under the Workers’ Compensation Act, the Board may have regard to any previous awards made to the worker for injury under such Act. R.S.O. 1990, c. B.8, s. 3.
Assessments
4. The assessment on an employer to be levied by the Board on the wages of a blind worker may be fixed by the Board at such an amount as may be considered fair, having regard to the Workers’ Compensation Act. R.S.O. 1990, c. B.8, s. 4.
Proper placement
5. (1) Subject to subsection (2), the Institute has exclusive jurisdiction as to the nature of the work a blind worker shall do and as to the proper placement of such worker.
Assignment of powers and duties of the Institute
(2) Upon the recommendation of the Board, the Lieutenant Governor in Council may designate any other organization or institution to execute the powers and perform the duties assigned to the Institute under this Act and thereupon this Act shall be read as though the name of the organization or institution was substituted for the Institute. R.S.O. 1990, c. B.8, s. 5.
Waiver of rights in case of improper placement
6. An employer giving employment to a blind worker without the consent or approval of the Institute, or changing the nature of such employment once approved by the Institute without the consent or approval of the Institute, shall be deemed to have waived all right to the benefit of this Act in respect of injury to such blind worker. R.S.O. 1990, c. B.8, s. 6.
Access to blind worker
7. Officers of the Institute shall have access at all times to the place of employment of a blind worker with the knowledge and consent of the superintendent or foreman. R.S.O. 1990, c. B.8, s. 7.
Certificates or other requisitions
8. The Institute shall provide the Board, upon request, with all such certificates or other material as may be required by the Board in the fulfilment of its duties. R.S.O. 1990, c. B.8, s. 8.
