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Workers' Compensation Appeals Tribunal

Overview

Function

The Appeals Tribunal is the final level of the appeal process and hears appeals regarding decisions from the Workers' Safety and Compensation Commission Review Committee.

Jurisdiction

Government of the Northwest Territories

Authority

Workers' Compensation Act (NWT)

Board Composition

The Workers' Compensation Appeals Tribunal is composed of at least four members.

Alternate Members

There are no alternate members.

The legislation does not provide for the appointment of alternates on the Appeals Tribunal.

Chairperson

The Chairperson is designated by the Minister from amongst the Board members.

Vice-Chairperson

The Vice-Chairperson is designated by the Minister from amongst the Board members.

Quorum

The Act is silent on quorum.

Appointment Instrument

Members are appointed by the Minister Responsible for the Workers’ Safety and Compensation Commission under section 118.(1) of the Workers' Compensation Act.

Term Duration

A member holds office for a term not exceeding three years, as specified in the appointment. A member may be eligible for reappointment.

Time and Travel Requirements

The Appeals Tribunal shall sit at the times it considers necessary to perform its duties, and shall conduct its proceedings in a manner it considers appropriate.

Remuneration

An honorarium is paid to members for attending hearings, meetings or conducting approved business, at a rate of $133.33 per hour to a maximum of 7.5 hours. However, the maximum daily rate permitted for a 7.5 hour day is $850.

The Chairperson receives remuneration according to a contract for service, which does not exceed $140,000 each year.

Other Considerations

When selecting persons for appointment to the Appeals Tribunal, the Minister shall ensure that:

(a) each member of the Appeals Tribunal has experience and an interest in workers’ compensation issues, and

  1. has been a member, of at least five years good standing, of a law society of a territory or province;
  2. has at least five years experience as a member of an administrative tribunal or a court; or
  3. has other qualifications that can reasonably be considered to be equivalent, and

(b) sufficient number of members are appointed to effectively perform its functions.

 

The following persons are not eligible to be members of the Appeals Tribunal:

(a) directors of the Governance Council and staff of the Commission;

(b) the Workers’ Advisor, a Deputy Workers’ Advisor and staff of the Office of the Workers’ Advisor.

Current Membership

Position Appointee Term Start Term Expiry Number of Terms Appointed By Nominating Authority
1. Chair Colin Baile 2017-04-01 2020-03-31 4th term Minister Responsible for the Workers’ Safety and Compensation Commission
2. Vice-Chair
(Iqaluit)
(Vacant - 3 year term) Minister Responsible for the Workers’ Safety and Compensation Commission
3. Member Cayley Thomas 2017-04-01 2020-03-31 4th term Minister Responsible for the Workers’ Safety and Compensation Commission
4. Member Cynthia Levy 2019-04-01 2021-03-31 1st term Minister Responsible for the Workers’ Safety and Compensation Commission

(Board details as of Nov 15, 2019)