MERCHANT SEAMEN COMPENSATION BOARD
Marginal note:Board constituted
3. (1) There is hereby established a Board to be known as the Merchant Seamen Compensation Board consisting of three members appointed by the Governor in Council.
Marginal note:Chairman, vice-chairman
(2) The Governor in Council shall designate one of the members of the Board to be chairman and one to be vice-chairman.
Marginal note:Chairman to preside
(3) The chairman, and in his absence the vice-chairman, shall preside at the meetings of the Board.
Marginal note:Office and salary
(4) A member of the Board holds office during pleasure and shall be paid such salary as the Governor in Council may fix.
Marginal note:Substitute member
(5) When a member of the Board is unable at any time to perform the duties of his office by reason of absence or temporary incapacity, the Governor in Council may appoint a temporary substitute member on such terms and conditions as the Governor in Council may prescribe.
- R.S., c. M-11, s. 3.
4. (1) Two members of the Board constitute a quorum.
Marginal note:Majority to govern
(2) In all proceedings of the Board, the votes of the majority of the members of the Board govern.
Marginal note:Questions referred to full Board
(3) At any meeting of the Board where only two of the members of the Board are present, all questions on which an agreement cannot be reached shall be referred for decision to a meeting of the full Board.
Marginal note:Officers, clerks and employees
(4) The Board may, with the approval of the Governor in Council, employ such professional, technical or other officers, clerks and employees as it deems necessary for the proper conduct of its business and fix their remuneration.
- R.S., c. M-11, s. 3.
Marginal note:When compensation not payable
5. No compensation is payable under this Act,
(a) where a seaman or his dependants are entitled to claim compensation under the Government Employees Compensation Act or under any provincial workers' compensation law; or
(b) where a seaman is or his dependants are entitled to claim compensation under the Order in Council of April 30, 1942 (P.C. 104/3546), or any statute or law that provides similar benefits.
- R.S., c. M-11, s. 4.
Marginal note:Compensation under law of foreign country
6. (1) Where an accident happens in respect of which a seaman or his dependants are entitled to claim compensation under the law of any foreign country, they are bound to elect whether they will claim compensation under that law or under this Act, and to give notice of that election, and if an election is not made and notice not given it shall be presumed that they have elected not to claim compensation under this Act.
Marginal note:Notice of election
(2) Notice of an election under subsection (1) shall be given to the Board within three months after the happening of an accident or, where an accident results in death, within three months after the death or within such longer period as, either before or after the expiration of the three months, the Board may allow.
Marginal note:Waiver of all claims
(3) No compensation is payable in respect of any accident mentioned in subsection (1) unless the seaman or his dependants submit to the Board, in a form approved by the Board, a waiver of all claims for compensation under the foreign law referred to in that subsection.
- R.S., c. M-11, s. 5.
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