An Act respecting compensation for Government employeesGovernment Employees Compensation ActGovernment Employees Compensation201301
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G-5SHORT TITLEShort titleThis Act may be cited as the Government Employees Compensation Act.
R.S., c. G-8, s. 1.
INTERPRETATIONDefinitionsIn this Act,accidentaccidentaccident 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 partnerconjoint de faitcommon-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;compensationindemnitécompensation 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;dependantpersonne à chargedependant, in relation to an employee, includesa common-law partner of the employee, anda person who was cohabiting with the employee immediately before the employee’s death and is a parent of the employee’s child;employeeagents de l’Étatemployee meansany person in the service of Her Majesty who is paid a direct wage or salary by or on behalf of Her Majesty,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,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,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, andany 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 MajestySa MajestéHer Majesty means Her Majesty in right of Canada;industrial diseasemaladie professionnelleindustrial 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;MinisterministreMinister 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 VersionAPPLICATIONPersons excludedThis 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.ApplicationThis Act applies in respect of an accident occurring or a disease contracted within or outside Canada.
R.S., c. G-8, s. 2.
COMPENSATIONPersons eligible for compensationSubject to this Act, compensation shall be paid toan employee whois caused personal injury by an accident arising out of and in the course of his employment, oris disabled by reason of an industrial disease due to the nature of the employment; andthe dependants of an employee whose death results from such an accident or industrial disease.Rate of compensation and conditionsThe 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, whoare caused personal injuries in that province by accidents arising out of and in the course of their employment; orare disabled in that province by reason of industrial diseases due to the nature of their employment.Determination of compensationCompensation under subsection (1) shall be determined bythe 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; orsuch other board, officers or authority, or such court, as the Governor in Council may direct.[Repealed, 1996, c. 10, s. 229.3]Payable to persons determined by awarding authorityAny 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.There may be paid out of the Consolidated Revenue Fund,any compensation or costs awarded under this Act;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;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;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; andto the board, officers, authority or court, such amount as an accountable advance in respect of any expenses or expenditures 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 TerritoriesWhere 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.NunavutWhere 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 CanadaWhere 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 casesWhere 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 casesThe Minister may, with the approval of the Treasury Board, award compensation in such amount and in such manner as he deems fit toan employee locally engaged outside Canada whois caused personal injury by an accident arising out of and in the course of his employment, oris 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, andthe 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 deathThe 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 ofany 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; orany 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 regulationsCompensation 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 COMPENSATIONClaim against person other than Her MajestyWhere 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 compensationWhere 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 subrogationIf 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 employeeWhere 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 electIn 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 electionNotice 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 CROWNNo claim against Her MajestyWhere 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.
GENERALRegulationsSubject 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 contributionThe Minister may require any company, corporation, commission, board or agency, the employees of which are subject to this Act,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;to pay such proportion of the expenses of administering this Act as the Minister may determine; andto 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 employmentWhere 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 programThe 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).
Previous VersionAMENDMENTS NOT IN FORCE
— 2012, c. 19, s. 420Paragraphs (b) to (d) of the definition employee in section 2 of the English version of the Government Employees Compensation Act are replaced by the following:any member, officer or employee of any department, corporation or other body that is established to perform a function or duty on the Government of Canada’s behalf who is declared by the Minister with the approval of the Governor in Council to be an employee for the purposes of this Act,any person who, for the purpose of obtaining employment in any department, corporation or other body that is established to perform a function or duty on the Government of Canada’s behalf, is taking a training course that is approved by the Minister for that person,any person who is employed by any department, corporation or other body that is established to perform a function or duty on the Government of Canada’s behalf, who is on leave of absence without pay and, for the purpose of increasing the skills used in the performance of their duties, is taking a training course that is approved by the Minister for that purpose, and
— 2012, c. 19, s. 4211999, c. 35, s. 12Section 9 of the Act is replaced by the following:Election of claimsIf an accident happens to an employee in the course of their employment under any circumstances that entitle the employee or their dependants to an action against a third party, the employee or their dependants, if they are entitled to compensation under this Act, may claim compensation under it or may make a claim against the third party.Election is finalThe election made by the employee or their dependants is final.Application — prescribed corporation or other bodySubsections (2) to (4) apply to employees who are employed by a corporation or other body that is prescribed under paragraph 13(1)(b).Entitlement to difference as compensationIf a claim is made against the third party and less is recovered and collected, either on a settlement approved by the employer or under a judgment of a court of competent jurisdiction, than the amount of compensation to which the employee or their 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 their dependants.SubrogationIf the employee or their dependants elect to claim compensation under this Act, the employer shall be subrogated to the rights of the employee or their dependants and may, subject to the Agreement implemented by the Civil International Space Station Agreement Implementation Act, maintain an action, against the third party, in its own name or in the name of the employee or their dependants.Portion of excess payable to employeeIf an action is brought under subsection (3) and the amount recovered and collected exceeds the amount of compensation to which the employee or their dependants are entitled under this Act, the employer may pay to the employee or their dependants any portion of the excess that remains after the employer recovers its costs, 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.Application — other employersSubsections (2) to (4) apply to employees who are not employed by a corporation or other body that is prescribed under paragraph 13(1)(b).Entitlement to difference as compensationIf a claim is made against the third party 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 their 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 their dependants.SubrogationIf the employee or their dependants elect to claim compensation under this Act, Her Majesty shall be subrogated to the rights of the employee or their 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 their dependants or of Her Majesty against the third party and any sum recovered shall be paid into the Consolidated Revenue Fund.Portion of excess payable to employeeIf an action is brought under subsection (3) and the amount recovered and collected exceeds the amount of compensation to which the employee or their dependants are entitled under this Act, there may be paid out of the Consolidated Revenue Fund to the employee or their dependants any portion of the excess that the Minister with the approval of the Treasury Board considers 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.
— 2012, c. 19, s. 422The Act is amended by adding the following after section 12:Acts or omissions by corporation or other bodyNo action lies against Her Majesty for anything done or omitted to be done under this Act by a corporation or other body referred to in subsection 9.1(1).
— 2012, c. 19, s. 423Section 13 of the Act is replaced by the following:RegulationsSubject to the Governor in Council’s approval, the Minister may make regulations for carrying out the purposes and provisions of this Act, including regulationsdetermining the place where an employee is usually employed; andprescribing corporations or other bodies for the purposes of section 9.1.Extended application of section 9.2If a corporation or other body is prescribed under paragraph (1)(b), section 9.2 continues to apply in cases where the notice of election referred to in section 11 is given before the day on which the regulation comes into force.Extended application of section 9.1If a regulation is made under paragraph (1)(b) by virtue of which a corporation or other body ceases to be prescribed, section 9.1 continues to apply in cases where the notice of election referred to in section 11 is given before the day on which the regulation comes into force.
— 2012, c. 19, s. 424The portion of section 14 of the English version of the Act before paragraph (a) is replaced by the following:Employer contributionThe Minister may require any corporation or other body, whose employees are subject to this Act,
— 2012, c. 19, s. 425Notice given before coming into forceThe Government Employees Compensation Act, as it read immediately before the day on which this section comes into force, applies in cases where the notice of election referred to in section 11 of that Act is given before that day.