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who has significant experience inconstruction industry certifications, ifcertification becomes a possibility.Workers’ CompensationEach province provides a no-fault insuranceprogram to compensate workers in theevent of work-related accidents oroccupational illness. Compensation isfunded through employer-paid premiums,assessed based on the payrolls ofparticipant employers. The “trade-off” is thatin return for receiving benefits employeesgive up their right to sue employers as aresult of their injuries. The purpose of thelegislation is also to promote healthyworkplaces and facilitate the recovery andreturn to work of injured workers. Thelegislation applies to the majority ofemployers with some exceptions, whichvary amongst jurisdictions.Legislation in each province:Prohibits any discriminatory ordisciplinary action against anemployee who has been injured atthe workplace, who is or may beentitled to workers’ compensationbenefits;Requires the re-employment of anemployee who has been injured orwho suffers from an occupationaldisease; andImposes a duty to accommodate aninjured employee, in accordancewith human rights principles, to theextent that the accommodation doesnot cause undue hardship. Theemployer and employee mustattempt to identify employment atthe workplace that is consistent withthe employee’s functional abilitiesthat will restore the employee’s preinjuryearnings to the extentpossible.Most employers are required to register withprovincial workers’ compensation programs.Employers, including federally regulatedemployers, will want to check with theWorkers’ Compensation Board in theprovince they are operating in to determinetheir registration requirements. Employerscan obtain additional information from thefollowing websites:New Brunswick:www.worksafenb.caPrince Edward Island:www.wcb.pe.caNova Scotia:www.wcb.ns.caNewfoundland and Labrador:www.whscc.nf.caOffshore IndustryThe offshore oil and gas industry in AtlanticCanada (Nova Scotia and Newfoundlandand Labrador) is subject to jointmanagement by the provincial and federalgovernments. However, labour relations onoffshore platforms is subject to provinciallaw.In the oil and gas industry in Newfoundlandand Labrador, the offshore is subject tospecific provisions of the Labour RelationsAct, which mandate that for the purposes ofcertification and collective bargaining, thereEmployment and Labour Law 97

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