Practice Manual - Chapter 1

The entire manual is available for download in PDF format.

1.00 THE WORKERS' COMPENSATION APPEALS TRIBUNAL (TRIBUNAL)

1.10 Introduction

Section 240(1) of the Workers' Compensation Act, S.N.S. 1994-95, c.10, as amended [the "Act"] gives the Tribunal the authority to determine its own procedures and to make rules governing the hearing of appeals.

This manual contains rules, practices and procedures established by the Tribunal and may be cited as the Practice Manual. It is a codification of the current procedures of the Tribunal and is designed as a reference tool for both the Tribunal and participants that appear before it. The purpose of the Practice Manual is to ensure fairness, predictability, consistency, transparency and efficiency in all of the functions conducted by the Tribunal. Where there is a conflict between the Practice Manual and the Act, the Act prevails.

Reference in the Practice Manual to an appeal may include other proceedings such as an application under s.29 of the Act.

Statements based on specific provisions of the Act are generally followed by the relevant statutory reference. The rules, practices and procedures of the Tribunal are subject to review and amendment as the Tribunal considers necessary. A current copy of the Practice Manual is accessible (PDF) on this website.

1.11 Definitions

For the purpose of the Practice Manual,

"appeal commissioner" means a member of the Tribunal appointed pursuant to s. 238(3)(b);

"Board" means the Workers' Compensation Board;

"Chief Appeal Commissioner" means the member of the Tribunal appointed as Chief Appeal Commissioner pursuant to s. 238(3)(a);

"panel chair" means an appeal commissioner who coordinates the hearing of an appeal by a panel of three appeal commissioners;

"presiding appeal commissioner" means an appeal commissioner assigned by the Chief Appeal Commissioner to hear an appeal;

"Registrar" means an appeal commissioner performing the duties of Registrar;

"Tribunal" means the Workers' Compensation Appeals Tribunal established under s.238(1).

1.20 Role of the Tribunal

The Tribunal is established under s.238(1) of the Act. It is an appeal body independent of the Workers' Compensation Board, governed by Part II of the Act.

Chapter 1: The Tribunal > Chapter 2: Jurisdiction