Cost of Living Amendment to the Workplace Safety and Insurance Act (WSIA)
Draft amendment suggested by Ontario Network of Injured Workers Groups – August 30, 2006
Purpose
To restore balance and fairness to the Workers Compensation system by ensuring the value of injured workers’ benefits are not reduced by monetary inflation. This Bill will create an annual cost of living adjustment to benefits.
Draft Bill
Repeal Sections 49, 50, 51 & 52 of the WSIA 1997 and replace with the following:
Annual Adjustments
General indexing factor
49. (1) On January 1 every year, a general indexing factor for the year shall be calculated. It is the amount of the percentage change in the Consumer Price Index for Canada for all items, for the 12 month period ending on October 31 of the previous year, as published by Statistics Canada. However, the indexing factor shall not be less than 0 per cent.
Application
(2) The general indexing factor applies with respect to the calculation of all amounts payable under this Part.
Indexation of amounts in the Act
Exceptions50. (1) On January 1 every year, the amounts set out in this Act (as adjusted on the preceding January 1) shall be adjusted by the amount of the general indexing factor described in subsection 49 (1).
(2) Subsection (1) does not apply with respect to the amounts established in subsection 158 (1). 1997, c. 16, Schedule A, section 51 (2); 2000, c. 26, Schedule. I, section 1 (10).
Annual adjustment of payments
51. (1) On January 1 every year, the Board shall adjust average earnings by applying the general indexing factor to the average earnings (as adjusted on the preceding January 1) and shall make consequential changes to the amounts payable under this Part.
Increases prospective
(2) Nothing in this section entitles a person to claim additional compensation for any period before the effective date of an adjustment or with respect to an award commuted or paid as a lump sum before the effective date.
Adjusting payments retrospective
52. Upon Royal Assent of this Bill, the amounts of payments will be recalculated back to 1994 using the general indexing factor as specified in sections 49 (1) and 51 (1) and adjusted payments made to each individual.
