Corrections and Conditional Release Regulations (SOR/92-620)

Regulations are current to 2019-07-01 and last amended on 2015-06-19. Previous Versions

PART ICorrections (continued)

Compensation for Death or Disability (continued)

Eligibility for Compensation (continued)

 The Minister or authorized person may pay compensation in the amount required for medical care for a disability.

Reporting Incidents and Time Limits

  •  (1) Subject to subsections (2) and (3), the Minister or authorized person shall not pay compensation unless the incident giving rise to the claim for compensation is reported to the Service by the claimant within three months after its occurrence, which report shall include

    • (a) the place and date of the incident;

    • (b) a full description of the incident; and

    • (c) the names and addresses of all known witnesses.

  • (2) Where the claimant does not submit a report within the period referred to in subsection (1), the Minister or authorized person may extend the period referred to in that subsection where the delay is due to circumstances beyond the claimant’s control and will not impede the Service’s ability to investigate the claim.

  • (3) A claimant is not required to make a report referred to in subsection (1) if the Service already has in its possession a report of the incident giving rise to the claim.

  •  (1) Subject to subsection (2), the Minister or authorized person shall not pay compensation unless a claim for compensation is submitted

    • (a) in the case of the death of an inmate or a person on day parole, within three months after the death; and

    • (b) in the case of a disability, before the date on which, after the incident giving rise to the claim, the inmate or person on day parole is first released on full parole, on statutory release or on the expiration of the inmate’s or person’s sentence.

  • (2) The Service may extend a period referred to in subsection (1) for a period of not more than two years after the death or the occurrence of the incident giving rise to the claim where the delay is due to circumstances beyond the claimant’s control and will not impede the Service’s ability to investigate the claim.

Claims for Compensation

 Every claim for compensation shall be in writing, signed by the claimant or a person legally authorized to act on behalf of the claimant, and set out the following information:

  • (a) the name of the inmate or person on day parole in respect of whom the claim is made;

  • (b) in the case of a claim for a disability,

    • (i) the date of the incident giving rise to the claim, and

    • (ii) the nature and location of any medical care provided to the inmate or person on day parole; and

  • (c) in the case of a claim in respect of the death of an inmate or a person on day parole, the names and addresses of all known dependants.

Determination of Entitlement to Compensation

 The Minister or authorized person shall not pay compensation unless

  • (a) the claimant mails or otherwise delivers a claim for compensation to Labour Canada;

  • (b) Labour Canada examines the claim;

  • (c) Labour Canada makes an assessment that the claimant has a disability;

  • (d) where Labour Canada makes the assessment that a claimant has a disability, Labour Canada assesses

    • (i) the degree and permanency of the disability in accordance with the disability rating schedule and policy for determining the degree of disability in use by the Worker’s Compensation Board of Ontario at the time the disability is assessed, and

    • (ii) the degree of impairment of earning capacity resulting from the disability, having regard to the actual loss of earning capacity of the claimant;

  • (e) in the case of a claim for disability as a result of an occupational disease, Labour Canada makes the assessment that the claimant was exposed to the industrial process, trade or occupation with which the disease is known to be associated while participating in an approved program; and

  • (f) Labour Canada sends the claim, all the information it obtained concerning the claim and a report of its assessments to the Minister or authorized person.

Compensation for a Disability

  •  (1) Compensation for a disability shall be a monthly sum proportionate to the degree of impairment of the claimant’s earning capacity as a result of the disability, as determined by the Minister or authorized person, taking into account the report referred to in paragraph 127(f), but in no case shall a monthly payment exceed 75 per cent of the monthly minimum wage that is in force on the date of the payment.

  • (2) Compensation for a disability shall only be paid for the period that the disability continues.

  •  (1) Notwithstanding subsection 128(1), where the total amount of compensation payable is $10,000 or less, that amount may be paid to a claimant in a lump sum rather than in monthly payments.

  • (2) Where the total amount of compensation payable is more than $10,000, the Minister or authorized person may, at the written request of a claimant, and subject to subsection (3), authorize the payment of that total amount to the claimant in a lump sum rather than in monthly payments.

  • (3) A lump sum payment shall not be paid to a claimant under subsection (2) unless the Minister or authorized person determines, on examination of the claimant’s financial situation at least six months after the claimant is released from custody, that a lump sum payment would be to the advantage of the claimant.

  • (4) Where a request under subsection (2) is refused, no further request shall be considered until one year after the date the claimant was advised, in writing, of the refusal.

  • (5) The total amount of the compensation payable shall be calculated in accordance with the actuarial table being used by the Workers’ Compensation Board of Ontario at the time that the disability is assessed.

 Notwithstanding any other provision of these Regulations, except section 141, the amount of compensation payable for a disability shall not exceed the amount of compensation that would be payable under the Government Employees Compensation Act if compensation were paid under that Act.

Compensation Payable on Death

  •  (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.

 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

 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.

 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.

 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.

  •  (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

  • (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
 
Date modified: