Jobs and Growth Act, 2012 (S.C. 2012, c. 31)
Full Document:
Assented to 2012-12-14
237. Section 11 of the French version of the Act is replaced by the following:
Marginal note:Aucune renonciation
11. Un marin ne peut s’engager envers son employeur à renoncer à ses droits à l’une des prestations auxquelles lui-même ou les personnes à sa charge ont droit ou peuvent avoir droit en vertu de la présente loi ou à délaisser ceux-ci, et toute entente à cette fin est absolument de nul effet.
238. Section 12 of the Act is replaced by the following:
Marginal note:Claims to be heard by Minister
12. No action lies for the recovery of compensation payable under this Act, but all claims for compensation shall be heard and determined by the Minister.
239. Sections 14 to 20 of the Act are replaced by the following:
Marginal note:Minister decides right to compensation
14. Any party to an action may apply to the Minister for adjudication and determination of the question of the plaintiff’s right to compensation under this Act, or whether the right to bring the action is taken away by this Act.
Marginal note:Exclusive jurisdiction of Minister
15. The Minister has exclusive jurisdiction to examine, hear and determine all matters and questions arising under this Act and with respect to any matter or thing in respect of which any power, authority or discretion is conferred on him or her.
Marginal note:Reconsideration and amendment
16. The Minister may reconsider any matter that has been dealt with by him or her or rescind or amend any decision or order previously made.
Marginal note:Production of information
17. In any matter arising under this Act, the Minister has the power to require the production of any information that he or she considers necessary.
Marginal note:Decisions final
19. The Minister’s decisions and findings are final and conclusive.
Marginal note:Award
20. The Minister may award any sum that he or she considers reasonable to the successful party to a contested claim for compensation or to any other contested matter as compensation for the expenses that the party incurred by reason of or incidental to the contest. An order of the Minister for the payment by any employer of any sum so awarded when filed in the manner provided by section 21 becomes a judgment of the court in which it is filed and may be enforced accordingly.
Marginal note:1992, c. 51, s. 57(1)
240. The portion of section 21 of the Act before paragraph (a) is replaced by the following:
Marginal note:Order enforced as judgment of court
21. An order of the Minister for the payment of compensation by an employer or any other order of the Minister for the payment of money under this Act, or a copy of the order that is certified to be a true copy by a person who is duly authorized by the Minister, may be filed with
241. Section 23 of the Act is replaced by the following:
Marginal note:Minister’s discretion
23. Despite section 22, compensation or a sum in lieu of compensation may be awarded to any seaman who is not a resident of Canada or to any non-resident dependant, as the Minister considers appropriate, but the compensation or sum shall not in any case exceed the amount of compensation provided for under this Act.
242. Subsection 24(4) of the Act is replaced by the following:
Marginal note:Notice of election
(4) Notice of the election referred to in subsection (3) shall be given to the employer within three months after the happening of an accident or, if an accident results in death, within three months after the death or within any longer period that, either before or after the expiry of the three months, the Minister may allow.
243. Subsection 25(4) of the Act is replaced by the following:
Marginal note:Failure to give notice
(4) Failure to give the prescribed notice or to make the claim referred to in subsection (1), or any defect or inaccuracy in a notice, does not bar the right to compensation if the Minister considers that the employer was not prejudiced by it or it appears that the claim for compensation is a just one and ought to be allowed.
244. (1) The portion of subsection 26(1) of the Act before paragraph (a) is replaced by the following:
Marginal note:Employer to give notice
26. (1) Subject to subsection (2), every employer shall, within 30 days after the happening of an accident to a seaman in its employment by which the seaman is disabled from performing their duties or that necessitates medical aid, notify the Minister in writing of
(2) The portion of subsection 26(1) of the Act after paragraph (e) is replaced by the following:
The employer shall also produce any further information respecting any other accident or claim to compensation that the Minister may require.
(3) Subsections 26(2) to (4) of the Act are replaced by the following:
Marginal note:Minister may relieve employer
(2) The Minister may, by order, relieve any employer from the obligation to comply with subsection (1) to the extent provided for in the order.
Marginal note:Failure to comply
(3) Every person who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
Marginal note:Due diligence
(4) A person is not to be found guilty of an offence under subsection (3) if they establish that they exercised due diligence to prevent the commission of the offence.
Marginal note:Minister’s consent
(5) No proceedings shall be taken under this section against any person without the Minister’s consent.
245. Subsection 27(1) of the Act is replaced by the following:
Marginal note:Medical examination
27. (1) A seaman who claims compensation, or to whom compensation is payable under this Act, shall, if required to do so by their employer, submit themselves for examination by a duly qualified medical practitioner who is selected and paid for by the employer and shall, if required to do so by the Minister, submit themselves for examination by a medical referee.
246. (1) Subsections 28(1) and (2) of the Act are replaced by the following:
Marginal note:Minister may refer matter to medical referee
28. (1) If a seaman has, on their employer’s request, submitted themselves for examination, or has been examined by a duly qualified medical practitioner selected by themselves, and a copy of the medical practitioner’s report on the seaman’s condition has been furnished in the former case by the employer to the seaman and in the latter case by the seaman to the employer, the Minister may, on the application of either of them or of his or her own motion, refer the matter to a medical referee.
Marginal note:Certificate of medical referee
(2) The medical referee to whom a reference is made under subsection (1) or who has examined the seaman by the Minister’s direction under subsection 27(1) shall certify to the Minister as to the condition of the seaman and their fitness for employment, specifying, if necessary, the kind of employment and, if unfit, the cause and degree of the unfitness, and the referee’s certificate, unless the Minister otherwise directs, is conclusive as to the matters certified.
(2) Subsection 28(4) of the Act is replaced by the following:
Marginal note:Diminution or suspension of compensation
(4) The Minister may diminish the compensation to which a seaman is entitled, or suspend payment of it, whenever the seaman persists in dangerous or unsanitary practices imperilling or retarding their cure and whenever they refuse to submit to any medical treatment that the Minister, on the medical referee’s advice, considers necessary for their cure.
Marginal note:R.S., c. 1 (2nd Supp.), s. 213(1) (Sch. I, item 8)
247. Sections 29 and 30 of the Act are replaced by the following:
Marginal note:Payments may be reviewed
29. Any weekly or other periodic payment to a seaman may be reviewed at the employer’s or seaman’s request, and on such review the Minister may put an end to or diminish the payment or increase the payment to a sum not beyond the maximum prescribed in this Act.
INSURANCE
Marginal note:Employer to be insured
30. (1) Every employer shall cover by insurance or other means satisfactory to the Minister the risks of compensation arising under this Act.
Marginal note:Failure to comply
(2) Every person who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.
Marginal note:Due diligence
(3) A person is not to be found guilty of an offence under subsection (2) if they establish that they exercised due diligence to prevent the commission of the offence.
Marginal note:Minister’s consent
(4) No proceedings shall be taken under this section against any person without the Minister’s consent.
248. (1) Subparagraph 31(1)(e)(ii) of the Act is replaced by the following:
(ii) with the Minister’s approval, for each child under the age of 21 years who is attending school;
(2) Subparagraph 31(1)(f)(ii) of the Act is replaced by the following:
(ii) with the Minister’s approval, to each child under the age of 21 years who is attending school; and
(3) Paragraph 31(1)(g) of the Act is replaced by the following:
(g) if the dependants are persons other than those mentioned in paragraphs (d) to (f), a reasonable sum that is proportionate to the pecuniary loss to those dependants occasioned by the death, to be determined by the Minister.
Marginal note:2000, c. 12, s. 188(3)
(4) Subsection 31(2) of the Act is replaced by the following:
Marginal note:If no survivor
(2) If a seaman leaves no survivor or the survivor subsequently dies, and a competent authority has appointed a person to care for the children who are entitled to compensation, the Minister may pay that person the same monthly payments of compensation as if that person were the survivor of the deceased, and in that case the children’s part of the payments shall be in lieu of the monthly payments that they would otherwise have been entitled to receive.
(5) Subsections 31(4) to (6) of the Act are replaced by the following:
Marginal note:Duration of payments
(4) In the case provided for by paragraph (1)(g), the payments shall continue only so long as, in the Minister’s opinion, it might reasonably have been expected that the seaman, had they lived, would have continued to contribute to the support of the dependants, and, in any case under that paragraph, compensation may be made wholly or partly in a lump sum or by any form of payment that the Minister considers most suitable in the circumstances.
Marginal note:Dependant to whom seaman stood in place of parent
(5) A dependant to whom the seaman stood in the place of a parent or a dependant who stood in the place of a parent to the seaman is entitled, as the Minister may determine, to share in or receive compensation under paragraph (1)(e), (f) or (g).
Marginal note:Disabled child
(6) Compensation is payable to a disabled child without regard to their age, and payments to the child shall continue until, in the Minister’s opinion, the child ceases to be disabled.
(6) Subsection 31(8) of the Act is replaced by the following:
Marginal note:Payments to other persons
(8) If the Minister is of the opinion that it is desirable that a payment in respect of a child should not be made directly to their parent, the Minister may direct that the payment be made to any person or be applied in any manner that he or she considers most advantageous for the child.
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