Government Employees Compensation Act (R.S.C., 1985, c. G-5)

Act current to 2019-06-20 and last amended on 2017-09-21. Previous Versions

Government Employees Compensation Act

R.S.C., 1985, c. G-5

An Act respecting compensation for Government employees

Short Title

Marginal note:Short title

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

  • R.S., c. G-8, s. 1

Interpretation

Marginal note:Definitions

 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)

  • R.S., 1985, c. G-5, s. 2
  • 2000, c. 12, s. 125
  • 2004, c. 7, s. 18
  • 2006, c. 9, s. 18
  • 2012, c. 19, s. 420(E)
  • 2015, c. 36, s. 136
  • 2017, c. 20, s. 171

Application

Marginal note:Persons excluded

  •  (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.

  • R.S., c. G-8, s. 2

Compensation

Marginal note:Persons eligible for compensation

  •  (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.

  • R.S., 1985, c. G-5, s. 4
  • 1996, c. 10, s. 229.3
  • 2015, c. 3, s. 99(F)

Marginal note:Yukon and Northwest Territories

  •  (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.

  • R.S., 1985, c. G-5, s. 5
  • 1993, c. 28, s. 78
  • 2002, c. 7, s. 174

Marginal note:Person employed outside Canada

 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.

  • R.S., c. G-8, s. 5
 
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