Government Employees Compensation Act (R.S.C., 1985, c. G-5)

Act current to 2014-10-15 and last amended on 2014-06-13. Previous Versions

CLAIMS AGAINST THIRD PARTIES AND COMPENSATION

Marginal note:Election of claims
  •  (1) If 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.

  • Marginal note:Election is final

    (2) The election made by the employee or their dependants is final.

  • R.S., 1985, c. G-5, s. 9;
  • 1999, c. 35, s. 12;
  • 2012, c. 19, s. 421.
Marginal note:Application — prescribed corporation or other body
  •  (1) Subsections (2) to (4) apply to employees who are employed by a corporation or other body that is prescribed under paragraph 13(1)(b).

  • Marginal note:Entitlement to difference as compensation

    (2) If 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.

  • Marginal note:Subrogation

    (3) If 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.

  • Marginal note:Portion of excess payable to employee

    (4) If 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.

  • 2012, c. 19, s. 421.
Marginal note:Application — other employers
  •  (1) Subsections (2) to (4) apply to employees who are not employed by a corporation or other body that is prescribed under paragraph 13(1)(b).

  • Marginal note:Entitlement to difference as compensation

    (2) If 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.

  • Marginal note:Subrogation

    (3) If 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.

  • Marginal note:Portion of excess payable to employee

    (4) If 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. 421.