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.
(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.
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(4) [Repealed, 1996, c. 10, s. 229.3]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.
- R.S., 1985, c. G-5, s. 4;
- 1996, c. 10, s. 229.3.
- Date modified: