How Do Calgary Labor Laws Influence The Timing Of IME Requests?

Brief Overview:
Calgary labor laws have a significant impact on the timing of Independent Medical Examination (IME) requests. These laws ensure that employers, insurance companies, and the legal community follow stringent guidelines when requesting IMEs for disability management purposes. Understanding these regulations is vital to navigating the process effectively.


The timing of IME requests in Calgary is influenced by several factors related to labor laws. Here are five key supporting facts:

1. Duty to Accommodate: Under Alberta’s Human Rights Act, employers must accommodate disabled employees up to undue hardship. This means they must explore all possible accommodations before considering an IME request.
2. Timely Assessments: The Workers’ Compensation Board (WCB) regulations in Calgary require timely assessments for injured workers seeking compensation benefits. As such, IME requests may need to be made promptly to ensure compliance with these regulations.
3. Privacy Legislation: Employers and other parties involved in the IME process must adhere to privacy legislation, such as Alberta’s Personal Information Protection Act (PIPA). This legislation governs how personal information is collected, used, and disclosed during an IME request.
4. Collective Agreements: In unionized workplaces governed by collective agreements, the timing and process for requesting an IME may be outlined within those agreements.
5. Legal Proceedings: If a workplace injury leads to litigation or a worker seeks recourse through legal avenues like filing a complaint under labour standards acts or human rights codes, then specific timelines may apply for submitting an IME request.


Q1: Can employers unilaterally request an independent medical examination?
A1: No, employers cannot unilaterally request an IME without reasonable justification and adherence to applicable labor laws.

Q2: Are there any time limits for making an IME request?
A2: While no specific time limit exists under general employment law in Calgary, various other factors can influence the appropriate timing, such as duty to accommodate and timely assessments in workers’ compensation cases.

Q3: Can employers use IMEs to terminate disabled employees?
A3: Termination solely based on the results of an IME can be considered discriminatory under human rights legislation. Employers must consider accommodation measures before resorting to termination.

Q4: Are there any privacy concerns when requesting an IME?
A4: Yes, privacy legislation like PIPA places responsibilities on employers and other parties involved regarding the collection, use, and disclosure of personal information during an IME request.

Q5: How does timing affect compliance with Calgary labor laws for IME requests?
A5: Timely action is crucial for complying with various labor laws related to accommodations, workers’ compensation regulations, collective agreements, legal proceedings and ensuring fair treatment of employees throughout the process.

Q6: What happens if employers fail to comply with Calgary labor laws concerning IME requests?
A6: Failure to comply may result in legal consequences such as claims of discrimination or violation of workers’ rights.

Q7: Can a disabled employee refuse an employer’s request for an IME?
Yes but refusal without reasonable justification can affect their entitlements including potential disciplinary actions or loss of benefits depending on circumstances outlined by applicable labor law in Calgary.


Understanding Calgary’s labour laws is essential for effectively managing disability claims and navigating Independent Medical Examination (IME) requests. Adhering to these laws ensures fair treatment of employees while meeting necessary requirements within the disability management process.