Marginal note:Fortnightly or monthly payments
43. (1) Wherever the Board deems it advisable, the payment of compensation may be made fortnightly or monthly instead of weekly.
Marginal note:Residence outside Canada
(2) Subject to section 23, where a seaman or dependant is not a resident of Canada or ceases to reside therein, the periods of payments may be otherwise fixed or the compensation commuted as the Board may deem proper.
- R.S., c. M-11, s. 40.
Marginal note:Cases where compensation may be diverted
44. (1) If a seaman is entitled to compensation and it is made to appear to the Board that the seaman’s spouse, former spouse, common-law partner, former common-law partner or children under 18 years of age are without adequate means of support, the Board may divert the compensation in whole or in part from the seaman for their benefit.
Marginal note:Diversion of compensation from survivor
(2) If the survivor of a seaman is entitled to compensation under section 31 and it is made to appear to the Board that the seaman’s spouse, former spouse, former common-law partner or children under 18 years of age are without adequate means of support, the Board may divert the compensation in whole or in part from the survivor for their benefit.
Marginal note:Meaning of "common-law partner"
(3) In this section, “common-law partner” means a person who is cohabiting with a seaman in a conjugal relationship, having so cohabited for a period of at least one year, or who had been so cohabiting for a period of at least one year at the time of the seaman’s death.
- R.S., 1985, c. M-6, s. 44;
- R.S., 1985, c. 31 (1st Supp.), s. 84, c. 3 (2nd Supp.), s. 30(F);
- 2000, c. 12, s. 191.
Marginal note:Where seaman or dependant a minor
45. Where a seaman or a dependant is a minor under the age of twenty-one years or under any other legal disability, the compensation to which he is entitled may be paid to such person or be applied in such manner as the Board may deem best to his advantage.
- R.S., c. M-11, s. 43.
Marginal note:Seaman entitled to medical aid, etc.
46. (1) Every seaman entitled to compensation under this Act is entitled to such medical, surgical and dental aid, and hospital and skilled nursing services as may be necessary as a result of the injury, and is entitled to such artificial member or members and apparatus and dental appliances and apparatus as may be necessary as a result of the injury and to have the same kept in repair or replaced when deemed necessary.
Marginal note:Responsibility of employer
(2) The medical aid to which a seaman is entitled under subsection (1) shall be furnished and paid for by the employer of that seaman.
Marginal note:Question of necessity
(3) Any question as to the necessity, character and sufficiency of any medical aid furnished or to be furnished may be referred to the Board for a decision.
Marginal note:Fees or charges
(4) The fees or charges for the medical aid under subsection (1) shall not be more than would be properly and reasonably charged to a seaman if that seaman were paying the bill, but shall not, in any case where the seaman is furnished with medical aid in Canada, exceed the fees or charges that would be paid in similar circumstances by the workers' compensation board of the province in which the medical aid was furnished.
Marginal note:Transportation to hospital
(5) Every employer shall at his own expense furnish any seaman injured in his employment, who is in need of it, with immediate conveyance and transportation to a hospital, a physician or the seaman’s home within a reasonable limit.
- R.S., c. M-11, s. 44.
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