WORKPLACE HEALTH, SAFETY AND

COMPENSATION COMMISSION

WORKINGWORKING

EXTRA-EXTRA-

JURISDICTIONALLYJURISDICTIONALLY

ININ

CANADACANADA

RICHARD J. TINGLEY, Q.C.

GENERAL COUNSEL

Increase extra-jurisdictional movement of the Canadian workforce due to:

i. Worker Mobility

ii. Globalization

iii. North America Free Trade Agreement

WORKER MOBILITYWORKER MOBILITY

Each Canadian jurisdiction extends compensation benefits extra-jurisdictionally.

Each Canadian workers’ compensation jurisdiction can only grant immunity from suit to employers and workers within its borders.

Immunity protection is not portable across Canadian provincial/ territorial borders.

CANADIAN LAWCANADIAN LAW

How can immunity from suit be guaranteed to employers and workers regarding:

(i) Extra-jurisdictional accidents caused by their workers, or

(ii) Accidents caused to extra-provincial workers coming into a jurisdiction.

ISSUEISSUE

THE ANSWERSTHE ANSWERS

EXTRA-EXTRA-JURISDICTIONAL JURISDICTIONAL

PROTECTIONPROTECTION Liability insurance provides

protection but brings with it:

– Lawyers

– Courts

– Loss of business time

– Credit infringement

– Asset exposure

Immunity from suit provides protection as well as:

– No lawyers

– No courts

– No loss of business time

– No credit infringement

– No asset exposure

EXTRA-EXTRA-JURISDICTIONAL JURISDICTIONAL

PROTECTIONPROTECTION

Canadian employers and workers prefer the historical trade-off principle of « guaranteed no-fault worker benefits in return for employer immunity from suit. »

EXTRA-EXTRA-JURISDICTIONAL JURISDICTIONAL

PROTECTIONPROTECTION

EXTRA-JURISDICTIONAL EXTRA-JURISDICTIONAL IMMUNITY FROM SUITIMMUNITY FROM SUIT

REGISTRATIONREGISTRATION

Canadian jurisdictions have different criteria to qualify as an employer or a worker. Employer should contact the extra-jurisdictional Compensation Board to find out the requirements to register.

Employer Registration provides immunity from suit for both the employer and the workers in the extra-jurisdiction.

Requires Registration in only the worker’s home jurisdiction. Less Red Tape.

Provides for immunity from suit in the extra-jurisdictional accident jurisdiction.

CANADIAN CANADIAN INTERJURISDICTIONAL INTERJURISDICTIONAL

TRUCKING TRUCKING AGREEMENTAGREEMENT

Worker can elect to claim benefits in the home or accident jurisdiction.

Home jurisdiction will reimburse claim costs to accident jurisdiction.

COMPENSATION BOARD COMPENSATION BOARD ROLEROLE

Awareness Communication Programs by the Board for employers to:

(i) comply with the extra-jurisdictional compensation laws by registering,

(ii) require extra-jurisdictional workers coming to workin the home jurisdiction to have compensationcoverage.