December 2022 

Workers Compensation Amendment Act (No.2), 2022 (Bill 41) receives Royal Assent

On October 31, 2022, the provincial government introduced amendments to the Workers Compensation Act through Bill 41. Bill 41 received Royal Assent on November 24, 2022.

Three amendments became effective immediately upon Royal Assent:

• Restores indexing of workers’ compensation benefits to the full rate of annual percentage changes in the Consumer Price Index (CPI). WorkSafeBC will have the discretion to approve annual indexation above 4%, if the percentage change in the CPI exceeds that amount.
• Allows WorkSafeBC to increase the maximum compensation for non-traumatic hearing loss.
• Explicitly prohibits employers from suppressing workers’ compensation claims, with enforcement through penalties under the occupational health and safety provisions.

Two amendments will come into effect on April 3, 2023:

• Allows workers or employers to request a review by independent health professionals at the Workers' Compensation Appeal Tribunal.
• Requires interest on delayed benefit payments resulting from a decision overturned by the Review Division or the Workers’ Compensation Appeal Tribunal where 180 days have passed from the benefit start date.

One amendment will come into effect May 1, 2023:

• Establishes the authority for a Fair Practices Commissioner (FPC) with a reporting structure that will enhance independence from the rest of WorkSafeBC. The FPC position will be appointed by the Board of Directors.

One amendment will come into force by regulation of the Lieutenant Governor in Council:

• Adds a legal duty for workers and employers to cooperate in the workers’ early and safe return to work, along with an obligation for employers to return injured workers to work.

More details on the implementation of Bill 41 will be shared on worksafebc.com as they become available.