Marginal note:Regulations

109. Notwithstanding anything in this Act, the Commission may, with the approval of the Governor in Council, make such regulations as it deems necessary respecting the establishment and operation of pilot projects for testing whether or which possible amendments to this Act or the regulations would make this Act or the regulations more consistent with current industry employment practices, trends or patterns or would improve service to the public, including regulations

• (a) respecting the time and manner in which employers are to supply their employees or former employees or the Commission with information on their employment history;

• (b) providing for the use in a pilot project

  • (i) of gross earnings, as defined by regulation, or prescribed amounts that are functions of gross earnings, as so defined, for any purpose for which insurable earnings, maximum insurable earnings or weekly insurable earnings are relevant to the operation of this Act, or

  • (ii) of periods other than weeks, for any purpose for which a period of weeks or a number of weeks is relevant to the operation of this Act;

• (c) providing for the application of a pilot project in respect of one or more of the following:

  • (i) prescribed employers or groups or classes of employers, including groups or classes consisting of randomly selected employers,

  • (ii) prescribed areas, or

  • (iii) prescribed claimants, employees, former employees or groups or classes of claimants, employees or former employees, including groups or classes consisting of randomly selected claimants, employees or former employees; and

• (d) respecting the manner in which and the extent to which any provision of this Act or the regulations applies to a pilot project, and adapting any such provision for the purposes of that application.

Marginal note:Expiration of regulations

110. Regulations made under this Part that are not repealed cease to have effect three years after they come into force.

Marginal note:Boards to be established

• 111. (1) There shall be boards of referees, consisting of a chairperson and one or more members chosen from employers or representatives of employers and an equal number of members chosen from insured persons or representatives of insured persons.

• Marginal note:Chairpersons

  (2) The chairperson of a board of referees shall be appointed by the Governor in Council for a renewable term of three years and may be removed at any time by the Governor in Council for cause.

• Marginal note:Panels

  (3) Panels of employers and their representatives and insured persons and their representatives shall be established by the Commission, and the members of the boards of referees shall be selected from those panels in the prescribed manner.

• Marginal note:Remuneration and allowances

  (4) The following amounts, as approved by the Treasury Board, shall be paid:

  • (a) remuneration to the chairperson and members of a board of referees;

  • (b) travel, subsistence and other allowances, including compensation for loss of remunerative time, to the chairperson and members and to any other person required to attend before the board; and

  • (c) any other expenses in connection with the operation of the board.

• Marginal note:Regulations

  (5) The Commission may, with the approval of the Governor in Council, make regulations

  • (a) for the constitution of boards of referees, including the appointment of the members, the number of members constituting a quorum;

  • (a.1) respecting the practice and procedure for proceedings before a board of referees, including authorizing the chairperson of a board of referees to determine the practice and procedure;

  • (b) authorizing the chairperson of a board of referees to exclude from a hearing before the board any claimant or employer, or any of their representatives, or any person who is or may be a witness at the hearing, when oral evidence concerning a circumstance of sexual or other harassment mentioned in subparagraph 29(c)(i) is being given;

  • (c) requiring the oral evidence given in the absence of a claimant or employer to be made available, in the specified manner and time, to the claimant or employer; and

  • (d) governing the time and manner in which a claimant or employer to whom the oral evidence is made available may respond to the evidence.