STU
NL · WorkplaceNL Act (injury compensation) · Article 117 · clause 117 · SNL2022 c W-11.1

PART XI INJURY FUND AND ASSESSMENTS — Assessment or rate modification

117(2)

A program established under subsection (1) may apply to all industries or may be restricted in application, or may apply in a different manner to an industry specified by the commission.

117

(1) Where the commission considers it appropriate, it may establish a program of assessment or rate modification to consider

117(a)

an employer's record, risk, cost or injury experience; provide for an increase or decrease to an employer's assessment or rate;

117(b)

an employer's compliance with grant a refund or credit to an employer; or

117(i)

this Act and the regulations, and (ii) policies and programs established under section 7; and provisions respecting health and safety committees, worker health and safety representatives and training for those committees and representatives in the Occupational Health and Safety Act or a regulation made under that Act, (ii) provisions respecting health and safety programs and policies in the Occupational Health and Safety Act or a regulation made under that Act, and (iii) the provisions of Part II of the Canada Labour Code and the regulations made under that Part, where the employer is bound by Part II of the Canada Labour Code.

117(c)

an employer's compliance with requirements that may be set by the commission in relation to levy a surcharge on an employer.

117(3)

Notwithstanding subsection (2), where the commission is of the opinion that it would be appropriate to apply a program established under subsection (1) to an industry in a different manner, the commission shall seek the approval of the Lieutenant-Governor in Council to consult with the industry concerning the application by the commission of the program to the industry in a different manner.

117(4)

Where the Lieutenant-Governor in Council approves a consultation under subsection (3), and where, following the consultation, the commission proposes to apply a program established under subsection (1) to the industry with which it has consulted in a different manner, the application shall be subject to the approval of the Lieutenant-Governor in Council, but the Lieutenant-Governor in Council's approval shall only be given where the application to the industry would result in the setting or adopting of requirements by the commission equivalent to or greater than those contained in a program established under subsection (1).

117(5)

A program established under subsection (1) may

Not legal advice. Verify the cited article against the signed agreement.