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Definitions Part 1 Division 1, Sections 2 to 4 Scope of this Part Part 1 Division 2, Sections 5 to 16 Compensation Part 1 Division 3, Sections 17 to 35 Scale of Compensation Part 1 Division 4, Sections 36 to 52 Accident Fund and Assessments Part 1 Division 5, Sections 53 to 78 Procedure and Miscellaneous Part 1 Division 6, Sections 80 to 100 Workers' Compensation Board Part 2, Sections 102 to 105 Part 3 Division 1, Sections 106 to 110 Interpretation and Purposes Part 3 Division 2, Sections 111 to 114 Board Mandate Part 3 Division 3, Sections 115 to 124 General Duties of Employers, Workers and Others Part 3 Division 4, Sections 125 to 140 Joint Committees and Worker Representatives Part 3 Division 5 Not in effect Part 3 Division 6, Sections 150 to 153 Prohibition Against Discriminatory Action Part 3 Division 7, Sections 154 to 157 Information and Confidentiality Part 3 Division 8, Sections 158 to 163 Miscellaneous Authority Part 3 Division 9, Sections 164 to 171 Variance Orders Part 3 Division 10, Sections 172 to 177 Accident Reporting and Investigation Part 3 Division 11, Sections 178 to 186 Inspections, Investigations and Inquiries Part 3 Division 12, Sections 186.1 to 198 Enforcement Part 3 Division 13 Reviews [Repealed] Part 3 Division 14 Appeals [Repealed] Part 3 Division 15, Sections 213 to 220 Offences Part 3 Division 16, Sections 221 to 223 General Part 3 Division 17, Sections 224 to 230 Regulations Part 4 Division 1, Sections 231 to 238 Appeal Tribunal Part 4 Division 2, Sections 239 to 244 Appeal Rights Part 4 Division 3, Sections 245 to 253 Appeal Procedure Part 4 Division 4, Sections 254 to 260 General 1 In this Act: "accident" includes a wilful and intentional act, not being the act of the worker, and also includes a fortuitous event occasioned by a physical or natural cause; "accident fund" means the fund provided for the payment of compensation, outlays and expenses referred to in section 36; "appeal tribunal" means the Workers' Compensation Appeal Tribunal established under Part 4; "average net earnings" means, with respect to a worker, the average net earnings of the worker as determined by the Board under sections 33.8 and 33.9; "Board" means the Workers' Compensation Board; "board of directors" means the board of directors appointed under section 81; "chief review officer" means an officer of the Board who is appointed under section 96.2; "compensation" includes health care; "construction" includes reconstruction, repair, alteration and demolition; "consumer price index" means the Consumer Price Index for Canada published by Statistics Canada under the (Canada); "dependant" means a member of the family of a worker who was wholly or partly dependent on the worker's earnings at the time of the worker's death, or who but for the incapacity due to the accident would have been so dependent, and, except in section 17(3)(a) to (h), (9) and (13), includes a spouse, parent or child who satisfies the Board that he or she had a reasonable expectation of pecuniary benefit from the continuation of the life of the deceased worker; "employer" includes every person having in their service under a contract of hiring or apprenticeship, written or oral, express or implied, a person engaged in work in or about an industry; "employment", when used in Part 1, means and refers to all or part of an establishment, undertaking, trade or business within the scope of that Part, and in the case of an industry not as a whole within the scope of Part 1 includes a department or part of that industry that would if carried on separately be within the scope of Part 1; "health care", when used in Part 1, includes the things which the Board under this Act is empowered to provide for injured workers; "industry" includes establishment, undertaking, work, trade and business; "initial payment period" means the period starting on the date of a worker's injury and ending on the last day of the 10th week for which compensation is payable under this Act to the worker for a temporary disability resulting from that injury; "invalid" means physically or mentally incapable of earning; "invalid child" includes a child who, though not an invalid at the date of death of the worker, becomes an invalid before otherwise ceasing to be entitled to compensation; "manufacturing" includes making, preparing, altering, repairing, renovating, servicing, dyeing, cleaning, ornamenting, printing, finishing, packing, packaging, assembling the parts of and adapting for use or sale any raw material, goods, article or commodity; "member of family" means (a) a spouse, parent, grandparent, stepparent, child, grandchild, stepchild, sibling or half sibling, and (b) a person who stood in the place of a parent to the worker or to whom the worker stood in place of a parent, whether related to the worker by blood or not; "metalliferous mining industry" includes the operations of milling and concentrating, but does not include any other operation for the reduction of minerals; "occupational disease" means (a) a disease mentioned in Schedule B, (b) a disease the Board may designate or recognize by regulation of general application, (c) a disease the Board may designate or recognize by order dealing with a specific case, and (d) the disease referred to in section 6.1(1.1) or (7) or a disease prescribed by regulation for the purposes of section 6.1(2), but only in respect of a worker to whom the presumption in any of those provisions applies, unless the disease is otherwise described by this definition, and "disease" includes disablement resulting from exposure to contamination; "person" includes, for the purpose of section 10, his or her personal representative; "physician" means a person authorized under an enactment to practise in British Columbia as a medical practitioner; "president" means the president of the Board appointed under section 84.1; "qualified practitioner" means a person authorized under an enactment to practise in British Columbia as a chiropractor, a dentist, a naturopathic physician, a nurse practitioner or a podiatrist; "reconsider" means to make a new decision in a matter previously decided where the new decision confirms, varies or cancels the previous decision or order; "regulation", when used in Part 1 in relation to regulations of the Board, means rules and regulations made by the Board under that Part; "retirement benefit" means the lump sum payable under section 23.3; "review officer" means an officer of the Board who is appointed under section 96.2; "specialist" means a physician residing and practising in the Province and listed by the Royal College of Physicians and Surgeons of Canada as having specialist qualifications; "spouse" means a person who (a) is married to another person, or (b) has lived with another person in a marriage-like relationship for a period of at least (i) 2 years, or (ii) if the person has had a child with the other person, 1 year; "surviving spouse" means a person who was a spouse of a worker when the worker died; "worker" includes (a) a person who has entered into or works under a contract of service or apprenticeship, written or oral, express or implied, whether by way of manual labour or otherwise; (b) a person who is a learner, although not under a contract of service or apprenticeship, who becomes subject to the hazards of an industry within the scope of Part 1 for the purpose of undergoing training or probationary work specified or stipulated by the employer as a preliminary to employment; (c) a member of a fire brigade or an ambulance driver or attendant working with or without remuneration, when serving (i) a municipality, a regional district, an urban area, an improvement district, a board of school trustees, a francophone education authority as defined in the , a library board or a parks board, or (ii) a board or commission having the management or conduct of work or services on behalf of any of the bodies in subparagraph (i); (d) in respect of the industry of mining, a person while the person is actually engaged in taking or attending a course of training or instruction in mine rescue work under the direction or with the written approval of an employer in whose employment the person is employed as a worker in that industry, or while, with the knowledge and consent of an employer in that industry, either express or implied, he or she is actually engaged in rescuing or protecting or attempting to rescue or protect life or property in the case of an explosion or accident which endangers either life or property in a mine, and this irrespective of whether during the time of his or her being so engaged the person is entitled to receive wages from the employer, or from any employer, or is performing the work or service as a volunteer; (e) further, in respect of the industry of mining, a person while he or she is engaged as a member of the inspection committee, appointed or elected by the workers in the mine, to inspect the mine on behalf of the workers; (f) an independent operator admitted by the Board under section 2(2); and (g) a person deemed by the Board to be a worker under section 3(6).
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