Short Title

Marginal note:Short title

1 This Act may be cited as the Government Employees Compensation Act.

Interpretation

Marginal note:Definitions

2 In this Act,

accident

accident includes a wilful and an intentional act, not being the act of the employee, and a fortuitous event occasioned by a physical or natural cause; (accident)

common-law partner

common-law partner, in relation to an employee, means a person who was, immediately before the employee’s death, cohabiting with the employee in a conjugal relationship, having so cohabited for a period of at least one year; (conjoint de fait)

compensation

compensation includes medical and hospital expenses and any other benefits, expenses or allowances that are authorized by the law of the province where the employee is usually employed respecting compensation for workmen and the dependants of deceased workmen; (indemnité)

dependant

dependant, in relation to an employee, includes

• (a) a common-law partner of the employee, and

• (b) a person who was cohabiting with the employee immediately before the employee’s death and is a parent of the employee’s child; (personne à charge)

employee

employee means

• (a) any person in the service of Her Majesty who is paid a direct wage or salary by or on behalf of Her Majesty,

• (b) any member, officer or employee of any department, corporation or other body that is established to perform a function or duty on the Government of Canada’s behalf who is declared by the Minister with the approval of the Governor in Council to be an employee for the purposes of this Act,

• (c) any person who, for the purpose of obtaining employment in any department, corporation or other body that is established to perform a function or duty on the Government of Canada’s behalf, is taking a training course that is approved by the Minister for that person,

• (d) any person who is employed by any department, corporation or other body that is established to perform a function or duty on the Government of Canada’s behalf, who is on leave of absence without pay and, for the purpose of increasing the skills used in the performance of their duties, is taking a training course that is approved by the Minister for that purpose, and

• (e) any officer or employee of the Senate, House of Commons, Library of Parliament, office of the Senate Ethics Officer, office of the Conflict of Interest and Ethics Commissioner, Parliamentary Protective Service or office of the Parliamentary Budget Officer; (agents de l’État)

Her Majesty

Her Majesty means Her Majesty in right of Canada; (Sa Majesté)

industrial disease

industrial disease means any disease in respect of which compensation is payable under the law of the province where the employee is usually employed respecting compensation for workmen and the dependants of deceased workmen; (maladie professionnelle)

Minister

Minister means the Minister of Labour. (ministre)

Application

Marginal note:Persons excluded

• 3 (1) This Act does not apply to any person who is a member of the regular force of the Canadian Forces or of the Royal Canadian Mounted Police.

• Marginal note:Application

  (2) This Act applies in respect of an accident occurring or a disease contracted within or outside Canada.

Compensation

Marginal note:Persons eligible for compensation

• 4 (1) Subject to this Act, compensation shall be paid to

  • (a) an employee who

    • (i) is caused personal injury by an accident arising out of and in the course of his employment, or

    • (ii) is disabled by reason of an industrial disease due to the nature of the employment; and

  • (b) the dependants of an employee whose death results from such an accident or industrial disease.

• Marginal note:Rate of compensation and conditions

  (2) The employee or the dependants referred to in subsection (1) are, notwithstanding the nature or class of the employment, entitled to receive compensation at the same rate and under the same conditions as are provided under the law of the province where the employee is usually employed respecting compensation for workmen and the dependants of deceased workmen, employed by persons other than Her Majesty, who

  • (a) are caused personal injuries in that province by accidents arising out of and in the course of their employment; or

  • (b) are disabled in that province by reason of industrial diseases due to the nature of their employment.

• Marginal note:Determination of compensation

  (3) Compensation under subsection (1) shall be determined by

  • (a) the same board, officers or authority as is or are established by the law of the province for determining compensation for workmen and dependants of deceased workmen employed by persons other than Her Majesty; or

  • (b) such other board, officers or authority, or such court, as the Governor in Council may direct.

• (4) [Repealed, 1996, c. 10, s. 229.3]

• Marginal note:Payable to persons determined by awarding authority

  (5) Any compensation awarded to an employee or the dependants of a deceased employee by a board, officer, authority or court, under the authority of this Act, shall be paid to the employee or dependants or to such person as the board, officer, authority or court may direct, and the board, officer, authority or court has the same jurisdiction to award costs as is conferred in cases between private parties by the law of the province where the employee is usually employed.

• Marginal note:Compensation, etc., payable out of C.R.F.

  (6) There may be paid out of the Consolidated Revenue Fund,

  • (a) any compensation or costs awarded under this Act;

  • (b) to the board, officers, authority or court authorized by the law of any province or under this Act to determine compensation cases, such amount as an accountable advance in respect of compensation or costs that may be awarded under this Act as, in the opinion of the Treasury Board, is expedient;

  • (c) in any province where the general expenses of maintaining the board, officers, authority or court are paid by the province or by contributions from employers, or by both, such portion of the contributions as, in the opinion of the Treasury Board, is fair and reasonable;

  • (d) in any province where the board, officers or authority may make expenditures to aid in getting injured workmen back to work or removing any handicap resulting from their injuries, such portion of those expenditures as, in the opinion of the Treasury Board, is fair and reasonable; and

  • (e) to the board, officers, authority or court, such amount as an accountable advance in respect of any expenses or expenditures that may be paid under paragraph (c) or (d) as, in the opinion of the Treasury Board, is expedient.

Marginal note:Yukon and Northwest Territories

• 5 (1) Where an employee is usually employed in Yukon or the Northwest Territories, the employee shall for the purposes of this Act be deemed to be usually employed in the Province of Alberta.

• Marginal note:Nunavut

  (2) Where an employee is usually employed in Nunavut, the employee shall for the purposes of this Act be deemed to be usually employed in the Province of Alberta.

Marginal note:Person employed outside Canada

6 Where an employee, other than a person locally engaged outside Canada, is usually employed outside Canada, the employee shall for the purposes of this Act be deemed to be usually employed in the Province of Ontario.

Marginal note:Contributions to workmen’s compensation fund in certain cases

• 7 (1) Where an employee locally engaged outside Canada is usually employed in a place where under the law respecting compensation to workmen and the dependants of deceased workmen payments are made to a fund out of which compensation is paid to workmen and the dependants of deceased workmen, there may, with the approval of the Treasury Board, be paid to that fund, out of the Consolidated Revenue Fund, such payments in respect of that employee as may be deemed necessary by the Minister.

• Marginal note:Compensation to employee or dependants in special cases

  (2) The Minister may, with the approval of the Treasury Board, award compensation in such amount and in such manner as he deems fit to

  • (a) an employee locally engaged outside Canada who

    • (i) is caused personal injury by an accident arising out of and in the course of his employment, or

    • (ii) is disabled by reason of any disease that is due to the nature of the employment and peculiar to or characteristic of the particular process, trade or occupation in which the employee was employed at the time the disease was contracted, and

  • (b) the dependants of such an employee whose death results from such an accident or disease,

  and who are not otherwise entitled to compensation under any law respecting compensation to workmen and the dependants of deceased workmen.

Marginal note:Regulations re compensation for disability or death

• 8 (1) The Governor in Council may make regulations prescribing the conditions under which compensation is to be payable, the amount of compensation payable and the manner in which the compensation is to be determined, in respect of

  • (a) any employee who is disabled or whose death is caused by reason of any disease that is not an industrial disease but is due to the nature of his employment and peculiar to or characteristic of the particular process, trade or occupation in which the employee was employed at the time the disease was contracted; or

  • (b) any employee, other than an employee engaged locally outside Canada, who is disabled or whose death is caused by reason of any disease that results from the environmental conditions of any place outside Canada to which the employee was assigned.

• Marginal note:Award according to regulations

  (2) Compensation shall be awarded to an employee, or the dependants of a deceased employee, referred to in subsection (1) in accordance with the regulations.

Claims Against Third Parties and Compensation

Marginal note:Election of claims

• 9 (1) If an accident happens to an employee in the course of their employment under any circumstances that entitle the employee or their dependants to an action against a third party, the employee or their dependants, if they are entitled to compensation under this Act, may claim compensation under it or may make a claim against the third party.

• Marginal note:Election is final

  (2) The election made by the employee or their dependants is final.

Marginal note:Application — prescribed corporation or other body

• 9.1 (1) Subsections (2) to (4) apply to employees who are employed by a corporation or other body that is prescribed under paragraph 13(1)(b).

• Marginal note:Entitlement to difference as compensation

  (2) If a claim is made against the third party and less is recovered and collected, either on a settlement approved by the employer or under a judgment of a court of competent jurisdiction, than the amount of compensation to which the employee or their dependants who made the claim are entitled under this Act, the difference between the amount so recovered and collected and the amount of that compensation shall be paid as compensation to the employee or their dependants.

• Marginal note:Subrogation

  (3) If the employee or their dependants elect to claim compensation under this Act, the employer shall be subrogated to the rights of the employee or their dependants and may, subject to the Agreement implemented by the Civil International Space Station Agreement Implementation Act, maintain an action, against the third party, in its own name or in the name of the employee or their dependants.

• Marginal note:Portion of excess payable to employee

  (4) If an action is brought under subsection (3) and the amount recovered and collected exceeds the amount of compensation to which the employee or their dependants are entitled under this Act, the employer may pay to the employee or their dependants any portion of the excess that remains after the employer recovers its costs, but if after that payment has been made the employee becomes entitled to an additional amount of compensation in respect of the same accident, the amount paid under this subsection may be deducted from the additional compensation.

Marginal note:Application — other employers

• 9.2 (1) Subsections (2) to (4) apply to employees who are not employed by a corporation or other body that is prescribed under paragraph 13(1)(b).

• Marginal note:Entitlement to difference as compensation

  (2) If a claim is made against the third party and less is recovered and collected, either on a settlement approved by the Minister or under a judgment of a court of competent jurisdiction, than the amount of compensation to which the employee or their dependants who made the claim are entitled under this Act, the difference between the amount so recovered and collected and the amount of that compensation shall be paid as compensation to the employee or their dependants.

• Marginal note:Subrogation

  (3) If the employee or their dependants elect to claim compensation under this Act, Her Majesty shall be subrogated to the rights of the employee or their dependants and may, subject to the Agreement implemented by the Civil International Space Station Agreement Implementation Act, maintain an action in the name of the employee or their dependants or of Her Majesty against the third party and any sum recovered shall be paid into the Consolidated Revenue Fund.

• Marginal note:Portion of excess payable to employee

  (4) If an action is brought under subsection (3) and the amount recovered and collected exceeds the amount of compensation to which the employee or their dependants are entitled under this Act, there may be paid out of the Consolidated Revenue Fund to the employee or their dependants any portion of the excess that the Minister with the approval of the Treasury Board considers necessary, but if after that payment has been made the employee becomes entitled to an additional amount of compensation in respect of the same accident, the amount paid under this subsection may be deducted from the additional compensation.

Marginal note:Parent, etc., may elect

10 In the case of a child, the parent, or a person who stands in the place of a parent, may make an election under section 9 for that child.

Marginal note:Notice of election

11 Notice of an election under section 9 shall be given within three months after the happening of the accident, or, in the case of an accident resulting in death, within three months after the death, or within such longer period as may be allowed either before or after the expiration of the three months by the board, officers, authority or court having power to determine the right to and the amount of the compensation under this Act.

No Other Claims Against Crown

Marginal note:No claim against Her Majesty

12 Where an accident happens to an employee in the course of his employment under such circumstances as entitle him or his dependants to compensation under this Act, neither the employee nor any dependant of the employee has any claim against Her Majesty, or any officer, servant or agent of Her Majesty, other than for compensation under this Act.

Marginal note:Acts or omissions by corporation or other body

12.1 No action lies against Her Majesty for anything done or omitted to be done under this Act by a corporation or other body referred to in subsection 9.1(1).

General

Marginal note:Regulations

• 13 (1) Subject to the Governor in Council’s approval, the Minister may make regulations for carrying out the purposes and provisions of this Act, including regulations

  • (a) determining the place where an employee is usually employed; and

  • (b) prescribing corporations or other bodies for the purposes of section 9.1.

• Marginal note:Extended application of section 9.2

  (2) If a corporation or other body is prescribed under paragraph (1)(b), section 9.2 continues to apply in cases where the notice of election referred to in section 11 is given before the day on which the regulation comes into force.

• Marginal note:Extended application of section 9.1

  (3) If a regulation is made under paragraph (1)(b) by virtue of which a corporation or other body ceases to be prescribed, section 9.1 continues to apply in cases where the notice of election referred to in section 11 is given before the day on which the regulation comes into force.

Marginal note:Employer contribution

14 The Minister may require any corporation or other body, whose employees are subject to this Act,

• (a) to pay such percentage of payroll or such other rate or specific sum as the Minister may deem sufficient to pay the compensation during the current year in respect of injuries to those employees;

• (b) to pay such proportion of the expenses of administering this Act as the Minister may determine; and

• (c) to maintain a reserve fund to pay the compensation payable in future years in respect of claims of those employees arising under this Act.

Marginal note:Death of employee at place other than that of employment

15 Where the death of an employee results from an accident arising out of and in the course of his employment at a place other than the place where the employee is usually employed and the reasonable additional expenses incurred by reason of the death occurring at that other place exceed the amount of compensation to which the employee’s dependants are entitled for those expenses under this Act, there may be paid out of the Consolidated Revenue Fund such sum as the Minister, with the approval of the Treasury Board, deems necessary to pay any portion of the excess.

Marginal note:Accident prevention activities and safety program

16 The Minister may promote and encourage accident prevention activities and safety programs among persons employed in the federal public administration.