WSIAT Consultation Policy

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Policy Statement

The WSIAT will create opportunities for consultation and outreach to promote discussion and knowledge sharing on topics of interest to its stakeholders.

Guidelines

1. The WSIAT Advisory Group

The Workplace Safety and Insurance Appeals Tribunal (the “WSIAT” or “Tribunal”) has established an external Advisory Group to provide a forum where information about the development of the WSIAT and its priorities are shared with major stakeholders in the workplace safety and insurance system.

1.1 Mandate

The mandate of the Advisory Group is to act as a consultative resource for the WSIAT and to provide the perspective of the respective stakeholder groups on a range of issues as they arise, including but not limited to:

  • WSIAT practice and procedure;
  • WSIAT Practice Directions;
  • WSIAT forms;
  • Workplace safety and insurance systemic issues involving WSIAT;
  • WSIAT’s accessible website;
  • WSIAT caseload and service-delivery; and
  • Issues raised by the stakeholders.

The intent of the Advisory Group is to foster discussion among the WSIAT’s different constituents on conceptual as well as process issues. It also allows for a multi-community of interest approach for more focused consultation in single session meetings.

The Advisory Group is not intended to be a forum for the discussion of the merits of individual appeals.

1.2 Membership Composition

The Advisory Group seeks to have equal member representation from stakeholder organizations and associations from the worker and the employer community. The worker and employer members are representative of the organization or association, rather than individual counsel or representatives.

The Advisory Group also seeks to have equal representation from members-at-large who do not represent a specific constituency but whose clients are directly affected by workers’ compensation issues.

The Advisory Group will generally include a representative from the Office of the Employer Adviser (OEA), Office of the Worker Adviser (OWA), the Workplace Safety and Insurance Board (WSIB) and the Ontario Bar Association (OBA), Workers’ Compensation Section.

1.3 Membership

The current Advisory Group membership is listed in Appendix A, which will be periodically updated as needed.

The nominations and the term of membership for the worker and employer representatives should be determined by their organization or association. This is also the case for representatives from the OEA, OWA, WSIB and the OBA, Workers’ Compensation Section.

The term of membership for the members-at-large should be no more than three (3) years to allow other community members to participate in the WSIAT Advisory Group process. The WSIAT may invite and appoint a member-at-large if a member-at-large resigns from the WSIAT Advisory Group.

The WSIAT maintains discretion to invite and appoint additional members to the Advisory Group if determined to be appropriate to do so.

1.4 Agenda

The setting of the agenda will be the responsibility of the WSIAT Chair. Whenever possible, the agenda and any materials for the meeting will be distributed at least two weeks in advance of the meeting date.

Any member of the Advisory Group may request that an issue be added to the agenda by writing to the WSIAT Chair.

1.5 Frequency of Meetings

The Advisory Group generally meets once a year or more frequently, if necessary. There may also be written requests to the members about matters more appropriate for a written submission.

The Advisory Group is chaired by the WSIAT Chair or their designate. In this role, the WSIAT Chair organizes and facilitates the meetings, as well as provides the necessary oversight to ensure meeting action items are completed and communicated.

1.6 Confidentiality in the Advisory Group Process

The Advisory Group is generally invited to share meeting agendas and materials with their respective constituencies, unless otherwise stated.

Where an issue is of a sensitive nature or a proposal may never take effect, the Advisory Group members may be asked to keep the information confidential until such time that the information can be made public.

2. Specially-Constituted Consultative Group

For some issues, it may be necessary or advisable to constitute a consultation group outside of the Advisory Group. The decision to set up such a group will be made in those instances where a particular issue requires input above and beyond what the Advisory Group can provide, or where greater time commitment may be necessary than can be expected of the Advisory Group members.

3. Broader Stakeholder Outreach

The WSIAT sponsors periodic community-outreach sessions across the province, providing stakeholders in the regions with the opportunity to provide input into topical issues involving the WSIAT.

The WSIAT Chair generally holds stakeholder events three times a year to communicate major initiatives, emerging program and case management trends and to foster greater awareness of natural justice issues. These events are advertised on the WSIAT’s website and are open to any group or individual interested in attending the session.

Application Date

This policy is effective November 1, 2022.

Appendix A: WSIAT Advisory Group Membership

Organization and Association Members:

Worker Representatives:

  1. Canadian Union of Public Employees (CUPE)
  2. IAVGO Community Legal Clinic (IAVGO)
  3. Injured Workers’ Community Legal Clinic (IWC)
  4. Legal Aid Ontario
  5. Ontario Federation of Labour (OFL)
  6. Ontario Network of Injured Workers Group (ONIWG)
  7. Ontario Nurses Association (ONA)
  8. Unifor

Employer Representatives:

  1. Canadian Federation of Independent Business (CFIB)
  2. Canadian Manufacturers & Exporters (CME)
  3. Federally Regulated Employers – Transportation & Communications (FETCO)
  4. Ontario Public Service – Labour Practice Group
  5. Ontario Mining Association (OMA)
  6. Schedule 2 Employers’ Group

Members-at-Large

  1. Boswell Employment Law
  2. Zare Paralegal Services

Agencies / Ontario Bar Association:

  1. Office of the Employer Adviser (OEA)
  2. Office of the Worker Adviser (OWA)
  3. Workplace Safety and Insurance Board (WSIB)
  4. Ontario Bar Association, Workers’ Compensation Section

WSIAT Representatives:

  1. Tribunal Chair
  2. Member, Representative of Workers
  3. Member, Representative of Employers
  4. Tribunal General Counsel
  5. Counsel to the Chair
  6. Director, Appeal Services
  7. Senior Manager, Executive Services
  8. Director, Executive Services and Strategic Initiatives