under the workers’ compensation legislation in the employee’s province of residence. 410 However, in terms of workers’ compensation for workplace disability or death, there is only federal workers’ compensation legislation for federal public service workers.411 For persons working in federally regulated private sector industries, provincial workers’ compensation legislation and compensation funds are used to address workers’ compensation claims from federally regulated workplaces.412 d. Article 24(1)(b): Provincial Occupational Health & Safety / Workers Compensation For persons who work under provincially regulated employment contracts, Alberta,413 British Columbia,414 Ontario415 and Quebec416 each have occupational health and safety legislation that places rights and obligations on employers and employees to ensure workplaces are healthy, safe and prevent workplace injury or death. Furthermore, as mentioned above, some provincial legislation respecting workers’ compensation requires federal employers to participate in provincially operated worker compensation schemes.417 In order for a person to have access to workers’ compensation in the event of injury, disability or death in the workplace, the person must be a “worker” as defined under the workers’ compensation legislation in the province where they are employed. In addition, the worker must work in an industry or for an “employer” that is subject to the province’s workers’ compensation legislation. The definition of “worker” in the worker’s compensation statutes in Alberta, British Columbia, Ontario and Quebec do not restrict access to workers’ compensation schemes on the basis of one’s immigration status; instead it is contingent on whether the “worker” is employed in an industry and by an employer under the province’s jurisdiction.418 e. Article 24(2): Workers Compensation for Beneficiaries Outside Canada In considering Article 24(2) of the 1954 Convention, Alberta’s worker’s compensation legislation permits the Workers’ Compensation Board to compensate dependents that reside Canada Labour Code, supra 166 at s. 239.1(2). Government Employees Compensation Act, RSC, 1985, c. G-5, available at: http://lawslois.justice.gc.ca/eng/acts/G%2D5/FullText.html. 412 McMillan LLP, Employment Law in Canada: Federally Regulated Employers (September 2011), at 10-13, available at: http://tinyurl.com/pbeb3ak [Employment Law in Canada]. 413 Occupational Health and Safety Act, RSA 2000, c O-2, available at: http://canlii.ca/t/5246j. 414 Workers Compensation Act, RSBC 1996, c 492, available at: http://canlii.ca/t/52d5q [BC Workers Compensation Act] 415 Occupational Health and Safety Act, RSO 1990, c O.1, available at: http://canlii.ca/t/52c09. 416 An Act Respecting Occupational Health and Safety, CQLR c S-2.1, available at: http://canlii.ca/t/52cwm. 417 Employment Law in Canada, supra note 412; see Workers' Compensation Act, RSA 2000, c W-15, available at: http://canlii.ca/t/52d4j [Alberta Workers Compensation Act]; BC Workers Compensation Act, supra note 414; Workplace Safety and Insurance Act, 1997, SO 1997, c 16, Sch A, available at: http://canlii.ca/t/51xr9 [Ontario Workplace Safety and Insurance Act]; An Act Respecting Industrial Accidents and Occupational Diseases, CQLR c A-3.001, available at: http://canlii.ca/t/52cvz [Quebec Industrial Accidents and Occupational Diseases Act] 418 Alberta Workers Compensation Act, ibid., at s. 1(1)(z); BC Workers Compensation Act, supra note 414 at s. 1; Ontario Workplace Safety and Insurance Act, ibid., at s. 2(1); Quebec Industrial Accidents and Occupational Diseases Act, ibid., at s. 2. 410 411 87 87

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