Jobs and Growth Act, 2012 (S.C. 2012, c. 31)
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Assented to 2012-12-14
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.
249. 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.
250. 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.
251. 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.
252. 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
253. 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.
254. 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.
255. 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.
256. 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”
257. 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
258. (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
259. 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
260. 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
261. 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
262. 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
263. 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
264. 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;
265. (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.
Marginal note:2009, c. 10, s. 6
266. Section 12.1 of the Act is replaced by the following:
Marginal note:Advance information
12.1 (1) Before the arrival of a conveyance in Canada, the owner or person in charge of a conveyance who is prescribed or any other prescribed person shall give the Agency prescribed information about the conveyance and the persons and goods on board or expected to be on board the conveyance.
Marginal note:Exemption
(2) A person who is required to provide information under subsection (1) shall hold a valid carrier code unless they are exempt.
Marginal note:Carrier code — requirements
(3) An application for a carrier code shall be made in the prescribed form with the prescribed information.
Marginal note:Carrier code — issuance
(4) The Minister shall issue a carrier code to a person who applies for it if the application meets the requirements referred to in subsection (3) and the Minister is satisfied that the prescribed requirements and conditions for the carrier code to be issued have been met.
Marginal note:Carrier code — suspension, cancellation and reinstatement
(5) The Minister may, subject to the regulations, suspend, cancel or reinstate a carrier code.
Marginal note:Notification
(6) The Minister may issue a notification to any person who provides information under subsection (1) to require the person to take any specified measure with respect to the information.
Marginal note:Obligation to comply
(7) The person to whom a notification is issued shall comply with the notification.
Marginal note:Regulations
(8) The Governor in Council may make regulations for the purposes of this section, including regulations
(a) respecting the information that must be given under subsection (1);
(b) prescribing the persons or classes of persons who must give the information under subsection (1);
(c) respecting the circumstances in which the information must be given under subsection (1);
(d) respecting the time within which and the manner in which the information must be given under subsection (1);
(e) regarding the requirements and conditions that are to be met before a carrier code may be issued;
(f) regarding the persons or classes of persons who are exempt from holding a valid carrier code; and
(g) regarding the manner and circumstances in which a carrier code may be suspended, cancelled or reinstated.
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