Law:Government Employees Compensation Act

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R.s.c., 1985, c. G-5

An Act respecting compensation for Government employees


Contents

Short Title

Short title

1. This Act may be cited as the Government Employees Compensation Act.

R.S., c. G-8, s. 1.


Interpretation

Definitions

2. In this Act,

“accident”

« accident »

“accident” includes a wilful and an intentional act, not being the act of the employee, and a fortuitous event occasioned by a physical or natural cause;

“common-law partner”

« conjoint de fait »

“common-law partner”, in relation to an employee, means a person who was, immediately before the employee’s death, cohabiting with the employee in a conjugal relationship, having so cohabited for a period of at least one year;

“compensation”

« indemnité »

“compensation” includes medical and hospital expenses and any other benefits, expenses or allowances that are authorized by the law of the province where the employee is usually employed respecting compensation for workmen and the dependants of deceased workmen;

“dependant”

« personne à charge »

“dependant”, in relation to an employee, includes

(a) a common-law partner of the employee, and

(b) a person who was cohabiting with the employee immediately before the employee’s death and is a parent of the employee’s child;

“employee”

« agents de l’État »

“employee” means

(a) any person in the service of Her Majesty who is paid a direct wage or salary by or on behalf of Her Majesty,

(b) any member, officer or employee of any department, company, corporation, commission, board or agency established to perform a function or duty on behalf of the Government of Canada who is declared by the Minister with the approval of the Governor in Council to be an employee for the purposes of this Act,

(c) any person who, for the purpose of obtaining employment in any department, company, corporation, commission, board or agency established to perform a function or duty on behalf of the Government of Canada, is taking a training course that is approved by the Minister for that person,

(d) any person employed by any department, company, corporation, commission, board or agency established to perform a function or duty on behalf of the Government of Canada, who is on leave of absence without pay and, for the purpose of increasing his skills used in the performance of his duties, is taking a training course that is approved by the Minister for that purpose, and

(e) any officer or employee of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer or office of the Conflict of Interest and Ethics Commissioner;

“Her Majesty”

class="M« Sa Majesté »

“Her Majesty” means Her Majesty in right of Canada;

“industrial disease”

« maladie professionnelle »

“industrial disease” means any disease in respect of which compensation is payable under the law of the province where the employee is usually employed respecting compensation for workmen and the dependants of deceased workmen;

“Minister”

« ministre »

“Minister” means the Minister of Labour.

R.S., 1985, c. G-5, s. 2; 2000, c. 12, s. 125; 2004, c. 7, s. 18; 2006, c. 9, s. 18.

Previous Version

Application

Persons excluded

3. (1) This Act does not apply to any person who is a member of the regular force of the Canadian Forces or of the Royal Canadian Mounted Police.

Application

(2) This Act applies in respect of an accident occurring or a disease contracted within or outside Canada.

R.S., c. G-8, s. 2.


Compensation

Persons eligible for compensation

4. (1) Subject to this Act, compensation shall be paid to

(a) an employee who

(i) is caused personal injury by an accident arising out of and in the course of his employment, or

(ii) is disabled by reason of an industrial disease due to the nature of the employment; and

(b) the dependants of an employee whose death results from such an accident or industrial disease.

Rate of compensation and conditions

(2) The employee or the dependants referred to in subsection (1) are, notwithstanding the nature or class of the employment, entitled to receive compensation at the same rate and under the same conditions as are provided under the law of the province where the employee is usually employed respecting compensation for workmen and the dependants of deceased workmen, employed by persons other than Her Majesty, who

(a) are caused personal injuries in that province by accidents arising out of and in the course of their employment; or

(b) are disabled in that province by reason of industrial diseases due to the nature of their employment.

Determination of compensation

(3) Compensation under subsection (1) shall be determined by

(a) the same board, officers or authority as is or are established by the law of the province for determining compensation for workmen and dependants of deceased workmen employed by persons other than Her Majesty; or

(b) such other board, officers or authority, or such court, as the Governor in Council may direct.

(4)�(Repealed, 1996, c. 10, s. 229.3)

Payable to persons determined by awarding authority

(5) Any compensation awarded to an employee or the dependants of a deceased employee by a board, officer, authority or court, under the authority of this Act, shall be paid to the employee or dependants or to such person as the board, officer, authority or court may direct, and the board, officer, authority or court has the same jurisdiction to award costs as is conferred in cases between private parties by the law of the province where the employee is usually employed.

Compensation, etc., payable out of C.R.F.

(6) There may be paid out of the Consolidated Revenue Fund,

(a) any compensation or costs awarded under this Act;

(b) to the board, officers, authority or court authorized by the law of any province or under this Act to determine compensation cases, such amount as an accountable advance in respect of compensation or costs that may be awarded under this Act as, in the opinion of the Treasury Board, is expedient;

(c) in any province where the general expenses of maintaining the board, officers, authority or court are paid by the province or by contributions from employers, or by both, such portion of the contributions as, in the opinion of the Treasury Board, is fair and reasonable;

(d) in any province where the board, officers or authority may make expenditures to aid in getting injured workmen back to work or removing any handicap resulting from their injuries, such portion of those expenditures as, in the opinion of the Treasury Board, is fair and reasonable; and

(e) to the board, officers, authority or court, such amount as an accountable advance in respect of any expenses or expenitures that may be paid under paragraph (c) or (d) as, in the opinion of the Treasury Board, is expedient.

R.S., 1985, c. G-5, s. 4; 1996, c. 10, s. 229.3.

Yukon and Northwest Territories

5. (1) Where an employee is usually employed in Yukon or the Northwest Territories, the employee shall for the purposes of this Act be deemed to be usually employed in the Province of Alberta.

Nunavut

(2) Where an employee is usually employed in Nunavut, the employee shall for the purposes of this Act be deemed to be usually employed in the Province of Alberta.

R.S., 1985, c. G-5, s. 5; 1993, c. 28, s. 78; 2002, c. 7, s. 174.

Previous VersionPerson employed outside Canada

6. Where an employee, other than a person locally engaged outside Canada, is usually employed outside Canada, the employee shall for the purposes of this Act be deemed to be usually employed in the Province of Ontario.

R.S., c. G-8, s. 5.

Contributions to workmen’s compensation fund in certain cases

7. (1) Where an employee locally engaged outside Canada is usually employed in a place where under the law respecting compensation to workmen and the dependants of deceased workmen payments are made to a fund out of which compensation is paid to workmen and the dependants of deceased workmen, there may, with the approval of the Treasury Board, be paid to that fund, out of the Consolidated Revenue Fund, such payments in respect of that employee as may be deemed necessary by the Minister.

Compensation to employee or dependants in special cases

(2) The Minister may, with the approval of the Treasury Board, award compensation in such amount and in such manner as he deems fit to

(a) an employee locally engaged outside Canada who

(i) is caused personal injury by an accident arising out of and in the course of his employment, or

(ii) is disabled by reason of any disease that is due to the nature of the employment and peculiar to or characteristic of the particular process, trade or occupation in which the employee was employed at the time the disease was contracted, and

(b) the dependants of such an employee whose death results from such an accident or disease,

and who are not otherwise entitled to compensation under any law respecting compensation to workmen and the dependants of deceased workmen.

R.S., c. G-8, s. 6.

Regulations re compensation for disability or death

8. (1) The Governor in Council may make regulations prescribing the conditions under which compensation is to be payable, the amount of compensation payable and the manner in which the compensation is to be determined, in respect of

(a) any employee who is disabled or whose death is caused by reason of any disease that is not an industrial disease but is due to the nature of his employment and peculiar to or characteristic of the particular process, trade or occupation in which the employee was employed at the time the disease was contracted; or

(b) any employee, other than an employee engaged locally outside Canada, who is disabled or whose death is caused by reason of any disease that results from the environmental conditions of any place outside Canada to which the employee was assigned.

Award according to regulations

(2) Compensation shall be awarded to an employee, or the dependants of a deceased employee, referred to in subsection (1) in accordance with the regulations.

R.S., c. G-8, s. 7.


Claims Against Third Parties And Compensation

Claim against person other than Her Majesty

9. (1) Where an accident happens to an employee in the course of his employment under such circumstances as entitle the employee or his dependants to an action against a person other than Her Majesty, the employee or the dependants, if entitled to compensation under this Act, may claim compensation under this Act or may claim against that other person.

Entitlement to difference as compensation

(2) Where a claim is made against a person other than Her Majesty and less is recovered and collected, either on a settlement approved by the Minister or under a judgment of a court of competent jurisdiction, than the amount of compensation to which the employee or dependants who made the claim are entitled under this Act, the difference between the amount so recovered and collected and the amount of that compensation shall be paid as compensation to the employee or dependants.

Election and subrogation

(3) If the employee or the dependants referred to in subsection (1) elect to claim compensation under this Act, Her Majesty shall be subrogated to the rights of the employee or dependants and may, subject to the Agreement implemented by the Civil International Space Station Agreement Implementation Act, maintain an action in the name of the employee or dependants or of Her Majesty against the person against whom the action lies and any sum recovered shall be paid into the Consolidated Revenue Fund.

Portion of excess payable to employee

(4) Where an action is brought under subsection (3) and the amount recovered and collected exceeds the amount of compensation to which the employee or his dependants are entitled under this Act, there may be paid out of the Consolidated Revenue Fund to the employee or his dependants such portion of the excess as the Minister with the approval of the Treasury Board deems necessary, but if after that payment has been made the employee becomes entitled to an additional amount of compensation in respect of the same accident, the amount paid under this subsection may be deducted from the additional compensation.

R.S., 1985, c. G-5, s. 9; 1999, c. 35, s. 12.

Parent, etc., may elect

10. In the case of a child, the parent, or a person who stands in the place of a parent, may make an election under section 9 for that child.

R.S., 1985, c. G-5, s. 10; 2000, c. 12, s. 126.

Notice of election

11. Notice of an election under section 9 shall be given within three months after the happening of the accident, or, in the case of an accident resulting in death, within three months after the death, or within such longer period as may be allowed either before or after the expiration of the three months by the board, officers, authority or court having power to determine the right to and the amount of the compensation under this Act.

R.S., c. G-8, s. 8.


No Other Claims Against Crown

No claim against Her Majesty

12. Where an accident happens to an employee in the course of his employment under such circumstances as entitle him or his dependants to compensation under this Act, neither the employee nor any dependant of the employee has any claim against Her Majesty, or any officer, servant or agent of Her Majesty, other than for compensation under this Act.

R.S., c. G-8, s. 8.


General

Regulations

13. Subject to the approval of the Governor in Council, the Minister may make regulations for determining, for the purposes of this Act, the place where an employee is usually employed, and generally for carrying the purposes and provisions of this Act into effect.

R.S., c. G-8, s. 10.

Employer contribution

14. The Minister may require any company, corporation, commission, board or agency, the employees of which are subject to this Act,

(a) to pay such percentage of payroll or such other rate or specific sum as the Minister may deem sufficient to pay the compensation during the current year in respect of injuries to those employees;

(b) to pay such proportion of the expenses of administering this Act as the Minister may determine; and

(c) to maintain a reserve fund to pay the compensation payable in future years in respect of claims of those employees arising under this Act.

R.S., c. G-8, s. 11.

Death of employee at place other than that of employment

15. Where the death of an employee results from an accident arising out of and in the course of his employment at a place other than the place where the employee is usually employed and the reasonable additional expenses incurred by reason of the death occurring at that other place exceed the amount of compensation to which the employee’s dependants are entitled for those expenses under this Act, there may be paid out of the Consolidated Revenue Fund such sum as the Minister, with the approval of the Treasury Board, deems necessary to pay any portion of the excess.

R.S., c. G-8, s. 12.

Accident prevention activities and safety program

16. The Minister may promote and encourage accident prevention activities and safety programs among persons employed in the federal public administration.

R.S., 1985, c. G-5, s. 16; 2003, c. 22, s. 224(E).

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