CLAIMS AGAINST THIRD PARTIES AND COMPENSATION
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
Marginal note: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.
- Date modified: