Jobs and Growth Act, 2012 (S.C. 2012, c. 31)

Assented to 2012-12-14

 Subsection 32(2) of the Act is replaced by the following:

  • Marginal note:Dependent minors attending school

    (2) In addition to the amounts of compensation payable under section 31 to or for a seaman’s dependent children as a result of the seaman’s death from an accident incurred before May 1, 1965, there shall be paid, with the Minister’s approval, to or for each dependent child under the age of 21 years who is attending school, the compensation that would have been payable had the accident from which the death of the seaman resulted occurred on or after May 1, 1965.

 Subsections 37(2) to (4) of the Act are replaced by the following:

  • Marginal note:Difference in earnings before and after accident

    (2) If the Minister considers it more equitable to do so, he or she may award compensation for permanent partial disability, having regard to the difference between the seaman’s average weekly earnings before the accident and the average amount that they are earning or are able to earn in a suitable employment or business after the accident, and the compensation may be a weekly payment of 75% of the difference, and regard shall be had to the seaman’s fitness to continue the employment in the course of which they were injured or to adapt themselves to some other suitable occupation.

  • Marginal note:Rating schedule

    (3) The Minister may compile a rating schedule of percentages of impairment of earning capacity for specified injuries or mutilations that may be used as a guide in determining the compensation payable in permanent partial disability cases.

  • Marginal note:Fixed amount

    (4) Despite subsections (1) and (2), if the impairment of the seaman’s earning capacity does not exceed 10% of their earning capacity, instead of a weekly payment payable under those subsections, the Minister may, unless he or she is of the opinion that it would not be to the seaman’s advantage to do so, fix an amount to be paid to the seaman as full compensation and pay the seaman the amount either in one sum or in periodic payments as the Minister may direct.

 Subsection 41(5) of the Act is replaced by the following:

  • Marginal note:Earnings at time of accident considered

    (5) If in any case it seems more equitable to do so, the Minister may award compensation, having regard to a seaman’s earnings at the time of an accident.

 Section 43 of the Act is replaced by the following:

Marginal note:Semi-monthly or monthly payments
  • 43. (1) Whenever the Minister considers it advisable, the payment of compensation may be made semi-monthly or monthly instead of weekly.

  • Marginal note:Residence outside Canada

    (2) Subject to section 23, if a seaman or a dependant is not a resident of Canada or ceases to reside in Canada, the periods of payments may be otherwise fixed or the compensation commuted as the Minister considers appropriate.

Marginal note:2000, c. 12, s. 191

 Subsections 44(1) and (2) of the Act are replaced by the following:

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 Minister 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 Minister may divert the compensation in whole or in part from the seaman for their benefit.

  • Marginal note:Diversion of compensation from survivor

    (2) If a seaman’s survivor is entitled to compensation under section 31 and it is made to appear to the Minister 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 Minister may divert the compensation in whole or in part from the survivor for their benefit.

 Section 45 of the Act is replaced by the following:

Marginal note:If seaman or dependant is a minor

45. If a seaman or a dependant is a minor or under any other legal incapacity, the compensation to which they are entitled may be paid to any person or be applied in any manner that the Minister considers is to the seaman’s or the dependant’s best advantage.

 Subsection 46(3) of the Act is replaced by the following:

  • 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 Minister for a decision.

 Sections 48 to 51 of the Act are replaced by the following:

Marginal note:Reports by physician, etc.

48. Every physician, surgeon or hospital official attending, consulted respecting or having the care of any seaman shall furnish the employer from time to time with any reports that are required by the employer in respect of that seaman, and may charge for the preparation of those reports any reasonable fees that are agreed on with the employer or, in the absence of an agreement, that the Minister approves.

RULES AND ORDERS

Marginal note:Minister may make rules and orders

49. The Minister may make any rules and orders that he or she considers expedient or necessary for regulating his or her procedure and for carrying any of the purposes or provisions of this Act into effect.

DELEGATION AND COSTS OF ADMINISTRATION

Marginal note:Delegation

50. The Minister may delegate to any person the exercise of any power or the performance of any duty that may be exercised or performed by the Minister under this Act, except for the powers referred to in section 49.

Marginal note:Costs chargeable against employers

51. All costs incurred relative to the administration of this Act, including salaries, expenses, fees and commissions, are chargeable against the various employers, apportioned on a basis to be determined by the Minister.

Transitional Provisions

Definition of “Board”

 In sections 258 to 260, “Board” means the Merchant Seamen Compensation Board established by section 3 of the Merchant Seamen Compensation Act as that Act read immediately before the coming into force of this section.

Marginal note:Appointments terminated
  •  (1) Members of the Board cease to hold office on the coming into force of this subsection.

  • Marginal note:No compensation

    (2) Despite the provisions of any contract, agreement or order, no person appointed to hold office as a member of the Board has any right to claim or receive any compensation, damages, indemnity or other form of relief from Her Majesty in right of Canada or from any employee or agent of Her Majesty for ceasing to hold that office or for the abolition of that office by operation of this Division.

Marginal note:Continuation of proceedings

 Every proceeding commenced under the Merchant Seamen Compensation Act before the coming into force of this section is to be taken up and continued under and in conformity with that Act, as it is amended by this Act.

Marginal note:Reconsideration of Board’s decisions

 The Minister of Labour may reconsider any matter that has been dealt with by the Board or rescind or amend any decision or order previously made by it.

Consequential Amendments

R.S., c. A-1Access to Information Act

 Schedule I to the Access to Information Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Merchant Seamen Compensation Board

    Commission d’indemnisation des marins marchands

R.S., c. P-21Privacy Act

 The schedule to the Privacy Act is amended by striking out the following under the heading “OTHER GOVERNMENT INSTITUTIONS”:

  • Merchant Seamen Compensation Board

    Commission d’indemnisation des marins marchands

Coming into Force

Marginal note:Order in council

 This Division comes into force on a day to be fixed by order of the Governor in Council.

Division 12R.S., c. 1 (2nd Supp.)Customs Act

Amendments to the Act

 Subsection 2(1) of the Customs Act is amended by adding the following in alphabetical order:

“carrier code”

« code de transporteur »

“carrier code” means the unique identification number issued by the Minister either under subsection 12.1(4) or before the coming into force of that subsection;

  •  (1) Section 6 of the Act is amended by adding the following after subsection (1):

    • Marginal note:Clarification

      (1.1) For the purposes of subsection (1), “maintain” means, in addition to performing general maintenance, paying all costs related to the operation of the buildings, accommodation and other facilities, including electricity, lighting, ventilation, heating, cooling, water supply, sewage treatment, fire protection, snow removal and cleaning.

    • Marginal note:Retroactive effect

      (1.2) Subsection (1.1) has retroactive effect to the day on which subsection (1) came into force and applies in respect of any action or judicial proceeding that is pending on the day on which this subsection comes into force.

  • (2) Section 6 of the Act is amended by adding the following after subsection (3):

    • Marginal note:Retroactive effect of regulations

      (3.1) A regulation made under subsection (3) may, if it so provides, have retroactive effect and apply in respect of any pending action or judicial proceeding.

 
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