Compensation Payable on Death
131. (1) Subject to subsection (2), the compensation that may be paid in respect of the death of an inmate or a person on day parole attributable to the inmate's or person's participation in an approved program is
(a) subject to section 117, an amount not exceeding $900 for the burial or cremation of the body;
(b) subject to section 117, an amount not exceeding $300, where for humanitarian reasons the body is transported to a region or an area that is outside the region or area in which the inmate or person on day parole resided immediately before the death;
(c) a lump sum of $500 plus a monthly payment equal to 75 per cent of the monthly minimum wage that is in force on the date of the payment, for the surviving spouse; and
(d) $125 per month for each dependent child, and if the surviving spouse dies, $140 per month thereafter.
(2) Where compensation is payable to dependent children who are the sole survivors of an inmate or a person on day parole and the dependent children have been placed in the care and custody of a foster parent by the appropriate provincial authorities, the Minister or authorized person may pay the foster parent a monthly payment equal to 75 per cent of the monthly minimum wage that is in force on the date of the monthly payment until the last dependent child in the care and custody of the foster parent ceases to be eligible for compensation.
132. The Minister or authorized person may request, in writing, that a claimant who is a dependant submit proof that the claimant meets the conditions set out in these Regulations for payment of compensation, and may, until receipt of such proof, withhold further payments.
No Payment in Certain Cases
133. The Minister or authorized person shall not pay compensation in respect of the death or disability of an inmate or a person on day parole where the death or disability is attributable to improper conduct, including self-inflicted wounding or criminal conduct, by the inmate or person on day parole.
134. The Minister or authorized person shall not pay compensation to a claimant for any period during which the claimant is incarcerated or serving a sentence in a provincial correctional facility.
135. The Minister or authorized person shall not pay compensation to a claimant who is or would have been eligible to claim compensation in respect of the incident giving rise to the claim under the Government Employees Compensation Act or the Merchant Seamen Compensation Act, or under provincial compensation legislation providing for compensation to workers or their dependants.
136. (1) The Minister or authorized person shall not pay compensation in respect of a disability to a claimant who resides outside Canada, other than a claimant
(a) whose residence outside Canada has been approved by the Minister pursuant to subsection (2);
(b) who was removed from Canada pursuant to a removal order, or left Canada pursuant to a departure notice, made under the Immigration and Refugee Protection Act;
(c) who was deported from Canada pursuant to the Immigration and Refugee Protection Act as that Act read prior to April 10, 1978; or
(d) who has been transferred outside Canada under the Transfer of Offenders Act.
(2) Where a claimant is claiming or receiving compensation for a disability, the Minister or authorized person shall, before granting approval of the residence outside Canada, consider whether the residence will worsen the claimant's disability or increase the medical care required by the claimant.
- 2001, c. 27, s. 273.
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