Document name
Employer Advisory Centre
Document number
POL 10/2025

Effective date: January 20, 2025

Application: Applies to all employers on or after the policy effective date.

Policy subject: General

Purpose:

To establish the mandate for the Employer Advisory Centre.

BACKGROUND

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  1. A Committee of Review is appointed every five years by the Lieutenant Governor in Council to report on all matters concerning The Workers’ Compensation Act, 2013 (the Act). In response to submissions from employer associations to the Committees of Review, the Employer Advisory Centre was established in August 2024 to provide employers assistance with appeals in addition to the services already being offered by the Employer Resource Centre.
  2. The establishment of the EAC is supported by Section 16(1)(b) of the Act, which directs that the Workers’ Compensation Board (WCB) shall appoint any employees that it considers necessary to carry out the provisions of the Act. The services provided by the EAC align with the intent of the Act, the Workers’ Compensation General Regulations, 1985, and the Meredith Principles.
  3. Section 172 of the Act states that it is an offence for any WCB staff to divulge information unless they are:
    1. Required or permitted to do so pursuant to this Act,
    2. Authorized to do so by the board, or
    3. Ordered to do so by a court.

WCB staff are bound by a signed confidentiality agreement that prohibits them from disclosing any information gathered in the course of their duties, unless expressly authorized to do so.

  1. The WCB may provide copies of relevant claim documents to employers, or their representatives for the purpose of a review of a decision or to appeal a decision related to a worker’s claim (Section 174).
  2. The WCB may pursue and/or impose a penalty not exceeding $10,000.00 against an employer if the disclosed information is used for another purpose other than a review of a decision or an appeal (Section 183).

POLICY

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  1. The EAC is to function as an independent office within the WCB to address inquiries and issues related to WCB decisions raised by employers.
  2. Those employed in the EAC are employees of the WCB and are bound by WCB Code of Ethics and Professional Conduct, and all WCB policies and procedures.
  3. The conduct of EAC employees shall reflect the WCB's value statements with respect to safety, respect, excellence, and collaboration. EAC employees shall treat all employers with dignity, fairness, honesty and openness.

Role and mandate of the EAC

  1. The EAC provides confidential information, advice and direct support to employers who request assistance in navigating the WCB system. All employers may contact the EAC for the following:
    1. An inquiry related to a decision made on their employer account,
    2. An inquiry related to an injury claim for one of their workers,
    3. Education on work disability prevention, return-to-work resources, effective claims management and appeals,
    4. Support and advice to determine whether an employer’s matter can be appealed,
    5. Education and coaching on the appeals process, or
    6. Guidance with drafting and submitting an appeal.
  2. The EAC may refer issues that are a result of administrative errors to the WCB to resolve.
  3. An inquiry is not within the jurisdiction of the EAC if it pertains to:
    1. Any other Act or legislation outside of the WCB Act,
    2. A labour relations or human resource issue in relation to WCB staff,
    3. The conduct of the Board members,
    4. Service complaints regarding the WCB,
    5. Unlawful actions or behaviour, or
    6. A matter under litigation or judicial review.
  4. The EAC will decline assistance to an employer if:
    1.  The activities are outside the mandate of the EAC,
    2. The EAC has determined an appeal has no merit though informational support on the appeal process will be provided if requested,
    3. The EAC cannot reasonably manage a conflict of interest without prejudicing a party on an appeal matter, or
    4. An employer exhibits disrespectful or abusive behavior.
  5. The EAC will not represent an employer before the Appeals Department, the Board Appeal Tribunal or in any WCB appeal process.
  6. One of the objectives of the EAC is to provide appeals advice and support directly to employers who do not have this support available to them. If an employer has hired a representative to assist with the appeals process, the EAC may, in its sole discretion, limit the assistance and advice it provides to education related to the WCB and disability management.

Standards of practice

  1. The EAC will adhere to the following standards of practice:
    1. The EAC will maintain independence from the WCB’s decision making bodies,
    2. The EAC will act honestly and in good faith with employers, the WCB and all relevant parties, and
    3. Access to claim and employer file information held by the EAC will follow the process outlined under PRO 24/2024, Authority for Disclosure.

Authority

  1. When assisting an employer, the EAC will have:
    1. Unfettered access to all files, documents, and other materials in the possession of the WCB relating to the employer in question and
    2. Unfettered access to speak with any WCB employee who may be able to assist with the inquiry.

Reporting

  1. The EAC will report quarterly to the vice-president of prevention and employer services.

Policy references

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Legislative Authority

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The Workers’ Compensation Act, 2013
Sections 16(1), 18, 162, 172, 174, 183

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Complements