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Published byVincent Bailey Modified over 9 years ago
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Increase extra-jurisdictional movement of the Canadian workforce due to: i.Worker Mobility ii.Globalization iii.North America Free Trade Agreement WORKER MOBILITY
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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 LAW
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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. ISSUE
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THE ANSWERS
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EXTRA- JURISDICTIONAL PROTECTION Liability insurance provides protection but brings with it: –Lawyers –Courts –Loss of business time –Credit infringement –Asset exposure
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Immunity from suit provides protection as well as: –No lawyers –No courts –No loss of business time –No credit infringement –No asset exposure EXTRA- JURISDICTIONAL PROTECTION
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Canadian employers and workers prefer the historical trade-off principle of « guaranteed no-fault worker benefits in return for employer immunity from suit. » EXTRA- JURISDICTIONAL PROTECTION
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EXTRA-JURISDICTIONAL IMMUNITY FROM SUIT REGISTRATION 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.
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Requires Registration in only the worker’s home jurisdiction. Less Red Tape. Provides for immunity from suit in the extra-jurisdictional accident jurisdiction. CANADIAN INTERJURISDICTIONAL TRUCKING AGREEMENT Worker can elect to claim benefits in the home or accident jurisdiction. Home jurisdiction will reimburse claim costs to accident jurisdiction.
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COMPENSATION BOARD ROLE 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 work in the home jurisdiction to have compensation coverage.
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