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

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, His Majesty shall be subrogated to the rights of the employee or their dependants and may, subject to the Agreements implemented by the Civil International Space Station Agreement Implementation Act and the Civil Lunar Gateway Agreement Implementation Act, maintain an action in the name of the employee or their dependants or of His 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.