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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