2.  Increase extra-jurisdictional movement of the Canadian workforce due to: i.Worker Mobility ii.Globalization iii.North America Free Trade Agreement WORKER MOBILITY

3.  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

4.  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

5. THE ANSWERS

6. EXTRA- JURISDICTIONAL PROTECTION  Liability insurance provides protection but brings with it: –Lawyers –Courts –Loss of business time –Credit infringement –Asset exposure

7.  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

8.  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

9. 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.

10.  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.

11. 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.