Workers' Compensation Program
Terms and Conditions
1. Authority for the Workers' Compensation Program (WCP)
Sections 3 and 4(1)(m) of the Emergency Management Act give the Minister of Public Safety and Emergency Preparedness the responsibility for exercising leadership relating to emergency management in Canada by coordinating, among government institutions and in cooperation with the provinces and other entities, emergency management activities, including establishing policies and programs respecting emergency management.
Under section 4(1) of the Department of Public Safety and Emergency Preparedness Act, the powers, duties and functions of the Minister extend to and include all matters over which Parliament has jurisdiction — and that have not been assigned by law to another department, board or agency of the Government of Canada — relating to public safety and emergency preparedness. Under section 4(2) the Minister is also responsible for exercising leadership at the national level relating to public safety and emergency preparedness. Under sections 6(1)(a) and (c), the Minister, in exercising his or her powers and in performing his or her duties and functions and with due regard to the powers conferred on the provinces and territories, may initiate, recommend, coordinate, implement or promote policies, programs or projects relating to public safety and emergency preparedness; and may make grants or contributions.
2. Program Objectives
The objective of the WCP is to cost-share provincial/territorial compensation to volunteer emergency service workers, injured or killed in the course of emergency service training or work.
3. Performance Measurement Strategy
A Performance Measurement Strategy is in place for WCP and the Department of Public Safety and Emergency Preparedness Canada (PSEPC) is committed to:
Performance Measurements |
Indicators |
---|---|
Track and report on program performance |
Percentage of submitted claims approved |
Total amount claims |
|
Amount claimed by type of expense |
|
Take-up by provinces/territories |
|
Number of renewed agreements |
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Undertake agreed-upon evaluations |
WCP Evaluation report (every five years) |
4. Eligible Recipients
The recipient class is provincial and territorial governments. Provinces/territories may submit claims for which the ultimate beneficiary is a person who has met the following conditions:
- Any person who has volunteered for emergency services work;
- Volunteers are registered with the provincial/territorial emergency program and are directed to carry out actual and immediate emergency services work;
- The amount of compensation to a volunteer is determined by the provincial/territorial Workers' Compensation Board (WCB), and;
- Federal contribution under WCP is 75% of eligible amount.
5. Eligible Costs
The amount of compensation to a volunteer is determined by the provincial/territorial WCB. Claims cover loss of wages and medical aid, or compensation for death by compensating for pension payments (varies from province to province).
The WCP also cost-shares all reasonable out-of-pocket expenses incurred by a WCB in dealing with each claim.
6. Cost-Sharing and Stacking
Under the WCP, the federal government covers 75% of the claims and the provincial/territorial governments cover 25%.
A formal stacking provision clause is not considered necessary at this time as the program reimburses payments made under the WCB of the province/territory and no other parties are involved in such payments.
7. Maximum Amount Payable
An exemption to Appendix E, item 8 of the Policy on Transfer Payments was obtained under previous section 8.8.1 of the 2000 Policy on Transfer Payments (TB # 832700). Appendix E, item 8 of the Policy on Transfer Payments states that the maximum amount payable to any recipient annually or in total, or the maximum payable with respect of any initiative or project are addressed in terms and conditions. It is not possible to predict how many volunteers will be injured during an upcoming year, so it is not possible to set a maximum total yearly amount for payments to a recipient province or territory.
8. Method and Timing of Payment
Payments of WCP funding will be made in the form of reimbursements based on claims submitted by recipients (as defined in the appropriate section of the Memoranda of Understanding (MOU) and in conformance with the Treasury Board Policy on Transfer Payments).
Under the WCP, the federal government covers 75% of the claims and the provincial/territorial governments cover 25%. Claims will be prepared based on financial records maintained by the recipient in accordance with generally accepted accounting principles and practices. Advance payments are not anticipated. A claim for full or partial payment is presented by the provinces/territories to PSEPC. Once satisfied that the claim, supporting documentation, and signatures meet all conditions for payment under the Program Terms and Conditions, a payment is approved.
All and any of the contributions made under the WCP are not repayable contributions.
9. Application Requirements
There is no application per se for WCP funding. Instead, it is on the basis of signed federal/provincial/territorial MOUs under which claims for WCP assistance may be submitted by the recipient to PSEPC for reimbursement. The process for submitting claims is as follows:
- A claims summary report is submitted by the province/territory (EMO) to the regional representative of the Government of Canada (PSEPC Regional Director), at least annually, with information on:
- Summary of particulars of the claim submitted to the province (worker name, WCB claim #, description of incident, amounts paid);
- Statement of a duly authorized representative of the provincial/territorial emergency services coordinator, verifying the claim and that the worker(s) were registered;
- Copies of all relevant reports related to the injury or death that are submitted to WCB;
- Details on the compensation paid by WCB and decisions made by WCB, and;
- Statement of administrative costs (if being claimed).
10. Program Management and Delivery
PSEPC ensures that effective financial and program controls are in place to manage the WCP, namely that:
- Due diligence is exercised in the approval of eligible claims;
- The Performance Measurement Strategy provides for appropriate measuring and reporting of results, as related to the purpose of providing resources through transfers, and for adequate risk management and audit requirements;
- Departmental capacity exists to effectively deliver and administer the program including monitoring, learning and training;
- Adequate systems and procedures exist within PSEPC as well as within the provincial/territorial government recipients to ensure that the Program is managed effectively and efficiently and that due diligence requirements are fully met;
- The recipient's accounting records are subject to post audit. PSEPC or its agents may undertake a verification of audits performed, or perform annual federal audits of selected claims, as may be deemed desirable;
- Proper program and accounting records and other relevant documents are maintained to provide documentary evidence of decisions made and results achieved and to enable disclosure of the contribution amounts paid to the recipient and compensation paid to any emergency services worker;
- Funds for managing the program are to be provided from the existing PSEPC reference levels. There are no new costs associated with this submission, and;
- Funding for the program from PSEPC is subject to cancellation or the reduction of transfer payments in the event that PSEPC funding levels are changed by Parliament.
11. Duration of Terms and Conditions
These Terms and Conditions will be in effect and payments made from April 1, 2011.
12. Official Languages
The Program will comply with all applicable requirements stipulated in the Official Languages Act and related regulations, as well as federal policies in this regard, including Chapter 4-1 of the Official Languages Policy.
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