Delegation to self-insured employers
134 Delegation to self-insured employers
Subject to this Act, the following powers and discretions of the
Corporation, insofar as they are exercisable in relation to workers of a self‑insured employer, are delegated to the self‑insured employer:
the powers and discretions under the following sections:
section 13 section 21 section 24 section 25 section 28(4) section 31 section 32 section 33 (but not section 33(12) or (15)) section 39 section 40 section 45 section 46 section 47 section 48 section 50(7) section 51 section 53 section 54 section 55(6) section 56 section 56A section 58 section 59 section 60 section 61 section 62 section 63 section 66 section 193 section 201;
any other prescribed powers and discretions.
Delegated powers and discretions referred to in subsection (1) will not be exercised by the
Corporation in relation to the workers of the self‑insured employer.
Subject to this section, the Corporation must not overrule or interfere with a decision of a self‑insured employer made in the exercise of delegated powers or discretions.
A decision of a self-insured employer made pursuant to a power or discretion delegated under subsection (1) will have the same force and effect as a decision of the Corporation and will be subject to review and appeal in the same way as a decision of the Corporation.
A reference to the Corporation in the provisions of this Act referred to in subsection (1) will, in relation to any matter over which a self-insured employer has delegated powers or discretions, be construed as a reference to that self-insured employer.
If the Corporation would, but for this section, be required under a provision of this Act referred to in subsection (1) to take any action or do any thing in relation to a worker of a self‑insured employer—
responsibility for taking the action or doing the thing rests with the self‑insured employer; and
any cost incurred in connection with taking the action or doing the thing is to be borne by the self‑insured employer.
If a self‑insured employer exercises a power or discretion delegated under subsection (1) unreasonably, the Corporation may withdraw (in whole or in part) the delegation effected by subsection (1).
If an employer ceases to be registered as a self‑insured employer under this Act, the delegation to the employer under this section will, if the Corporation so determines, continue to such extent as the
Corporation thinks fit in relation to injuries that occurred before that cessation (and any act or omission of the employer within the scope of the delegation will be taken for the purposes of this Act to be the act or omission of a self‑insured employer).
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