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

Act current to 2019-08-28 and last amended on 2017-09-21. Previous Versions

Compensation (continued)

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

  •  (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.

  • R.S., c. G-8, s. 6

Marginal note:Regulations re compensation for disability or death

  •  (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.

  • R.S., c. G-8, s. 7

Claims Against Third Parties and Compensation

Marginal note:Election of claims

  •  (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.

  • R.S., 1985, c. G-5, s. 9
  • 1999, c. 35, s. 12
  • 2012, c. 19, s. 421

Marginal note:Application — prescribed corporation or other body

  •  (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.

  • 2012, c. 19, s. 421

Marginal note:Application — other employers

  •  (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.

  • 2012, c. 19, s. 421

Marginal note:Parent, etc., may elect

 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.

  • R.S., 1985, c. G-5, s. 10
  • 2000, c. 12, s. 126

Marginal note:Notice of election

 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.

  • R.S., c. G-8, s. 8

No Other Claims Against Crown

Marginal note:No claim against Her Majesty

 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.

  • R.S., c. G-8, s. 8

Marginal note:Acts or omissions by corporation or other body

 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).

  • 2012, c. 19, s. 422

General

Marginal note:Regulations

  •  (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.

  • R.S., 1985, c. G-5, s. 13
  • 2012, c. 19, s. 423
 
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