Newfoundland and Labrador’s Regulation 66/23 establishes administrative regulations under the Workplace Health, Safety and Compensation Act of 2022. This regulation outlines provisions for workplace health and safety, with a particular focus on the commercial fishing sector. Formally titled the Workplace Health, Safety and Compensation Administrative Regulations.

The regulation stipulates that any expenditure exceeding $100,000 related to the Act requires approval from the Lieutenant-Governor in Council. It also excludes certain occupations, such as professional sports competitors and specific employment related to private residences, from the Act’s coverage. Most provisions applicable to workers also extend to commercial fishers, with specific adaptations; notably, activities outside the commercial fishing season are generally excluded unless special coverage is arranged.

The regulation specifies how to determine a fisher’s average earnings, linking it to assessments due at the time of injury. Fish processing establishments, commercial buyers, and recipients are responsible for paying these assessments based on their acquisitions from commercial fishers. Importantly, payments for assessments cannot be deducted from amounts owed to commercial fishers, and entities required to pay assessments must register with the commission and provide necessary information.

Fishing vessel owners are held accountable for adhering to the Act and regulations, and they can delegate compliance responsibilities to the vessel’s master, commercial fishers, or others involved in the fishing industry. The master of a fishing vessel must report any injuries or deaths to the vessel owner or charterer, or directly to the commission if reporting to the owner is impractical.

In cases of a worker’s death due to an injury, the regulations specify compensation for dependent spouses and children. Surviving spouses are entitled to a lump-sum payment and periodic compensation based on the worker’s average net earnings, subject to certain conditions. If a worker dies and is survived only by dependent children, those children share in a lump-sum payment.

The regulations also recognize occupational diseases, outline minimum assessments, and require the submission of payroll statements that accurately reflect earnings and employment status. The commission has the authority to enforce compliance and levy assessments on non-compliant entities. This structure aims to ensure that commercial fishers receive appropriate protections and benefits as part of their employment conditions.

Regulation 66/23 establishes a framework designed to improve health, safety, and compensation mechanisms for workers in Newfoundland and Labrador, particularly within the commercial fishing industry.

Newfoundland and Labrador (66/23) September 1, 2023