Merchant Seamen Compensation Act (R.S.C., 1985, c. M-6)

18 [Repealed, 2012, c. 31, s. 239]

Marginal note:Decisions final

19 The Minister’s decisions and findings are final and conclusive.

Marginal note:Award

20 The Minister may award any sum that he or she considers reasonable to the successful party to a contested claim for compensation or to any other contested matter as compensation for the expenses that the party incurred by reason of or incidental to the contest. An order of the Minister for the payment by any employer of any sum so awarded when filed in the manner provided by section 21 becomes a judgment of the court in which it is filed and may be enforced accordingly.

Marginal note:Order enforced as judgment of court

21 An order of the Minister for the payment of compensation by an employer or any other order of the Minister for the payment of money under this Act, or a copy of the order that is certified to be a true copy by a person who is duly authorized by the Minister, may be filed with

• (a) if the employer resides or carries on business in the Province of Quebec, the clerk of the Superior Court of Quebec,

• (a.1) if the employer resides or carries on business in the Province of Ontario, the clerk of the Superior Court of Justice for the region in which the employer resides or carries on business,

• (a.2) if the employer resides or carries on business in the Province of Nova Scotia, the prothonotary of the Supreme Court of Nova Scotia for the judicial district in which the employer resides or carries on business,

• (b) if the employer resides or carries on business in the Province of New Brunswick, Manitoba or Alberta, the clerk of the Court of Queen’s Bench of that province for the judicial district in which the employer resides or carries on business,

• (c) if the employer resides or carries on business in the Province of Newfoundland and Labrador, the clerk of the Trial Division of the Supreme Court of Newfoundland and Labrador,

• (c.1) if the employer resides or carries on business in the Province of British Columbia or Prince Edward Island, the registrar of the Supreme Court of the Province, or

• (d) if the employer resides or carries on business in the Province of Saskatchewan, the Local Registrar of the Court of Queen’s Bench for the judicial centre in which the employer resides or carries on business,

and may be enforced as a judgment of that Court.

Marginal note:Where seaman not a resident of Canada

• 22 (1) Where a seaman is not a resident of Canada and by the law of the place or country in which he resides compensation in respect of accidents is payable and an accident happens in respect of which he is entitled under this Act to receive compensation for permanent total disability or permanent partial disability, then, notwithstanding anything in this Act, the amount of compensation payable under this Act shall not exceed the amount of compensation that would be payable had the accident happened in the place or country in which he resides.

• Marginal note:Where dependant not a resident of Canada

  (2) Where a dependant of any seaman is not a resident of Canada, the dependant is not entitled to compensation under this Act unless, by the law of the place or country in which he resides, the dependants of a seaman to whom an accident happens in that place or country if resident in Canada would be entitled to compensation, and where such dependants would be entitled to compensation under that law, the compensation to which the non-resident dependant is entitled under this Act shall not be greater than the compensation payable in the like case under that law.

Marginal note:Minister’s discretion

23 Despite section 22, compensation or a sum in lieu of compensation may be awarded to any seaman who is not a resident of Canada or to any non-resident dependant, as the Minister considers appropriate, but the compensation or sum shall not in any case exceed the amount of compensation provided for under this Act.

Marginal note:Where entitled to action against other person

• 24 (1) Where an accident happens to a seaman arising out of and in the course of his employment under such circumstances as entitled him or his dependants to an action against a person other than his co-employees, his employer, the servants or mandataries of his employer, the seaman or his dependants if entitled to compensation under this Act may claim compensation or may bring an action.

• Marginal note:Where smaller amount collected

  (2) Where an action is brought and less is recovered and collected than the amount of the compensation to which a seaman or his dependants are entitled under this Act, the difference between the amount recovered and collected and the amount of the compensation shall be payable as compensation to the seaman or his dependants.

• Marginal note:Employer subrogated

  (3) Where a seaman or his dependants elect to claim compensation under this Act, the employer is subrogated to the rights of the seaman or his dependants and may maintain an action in his or their names or in the name of the employer against the person against whom the action lies.

• Marginal note:Notice of election

  (4) Notice of the election referred to in subsection (3) shall be given to the employer within three months after the happening of an accident or, if an accident results in death, within three months after the death or within any longer period that, either before or after the expiry of the three months, the Minister may allow.

• Marginal note:No right of action

  (5) No seaman entitled to compensation under this Act or the dependants of the seaman have a right of action against an employer who is subject to this Act.

Marginal note:When compensation not payable

• 25 (1) Subject to subsection (4), compensation shall not be payable unless

  • (a) notice of the accident is given as soon as practicable after it happens and before the seaman has voluntarily left the employment in which he was injured; and

  • (b) the claim for compensation is made within six months after the accident happens or, in case of death, within six months from the time of death.

• Marginal note:Contents of notice

  (2) The notice referred to in paragraph (1)(a) shall give the name and address of the seaman and is sufficient if it states in ordinary language the cause of the injury and where the accident happened.

• Marginal note:Service of notice

  (3) The notice referred to in paragraph (1)(a) may be served by delivering it at, or sending it by registered mail addressed to, the place of business or the residence of the employer, or where the employer is a body of persons, corporate or unincorporate, by delivering it, or sending it by registered mail, addressed to the employer, at the office of, or if there are more offices than one, at any of the offices of, that body of persons.

• Marginal note:Failure to give notice

  (4) Failure to give the prescribed notice or to make the claim referred to in subsection (1), or any defect or inaccuracy in a notice, does not bar the right to compensation if the Minister considers that the employer was not prejudiced by it or it appears that the claim for compensation is a just one and ought to be allowed.

Notice of Accident

Marginal note:Employer to give notice

• 26 (1) Subject to subsection (2), every employer shall, within 30 days after the happening of an accident to a seaman in its employment by which the seaman is disabled from performing their duties or that necessitates medical aid, notify the Minister in writing of

  • (a) the happening of the accident and its nature,

  • (b) the time of the accident,

  • (c) the name and address of the seaman,

  • (d) the place of the accident, and

  • (e) the medical aid received by the seaman following the accident,

  The employer shall also produce any further information respecting any other accident or claim to compensation that the Minister may require.

• Marginal note:Minister may relieve employer

  (2) The Minister may, by order, relieve any employer from the obligation to comply with subsection (1) to the extent provided for in the order.

• Marginal note:Failure to comply

  (3) Every person who fails to comply with subsection (1) is guilty of an offence and liable on summary conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

• Marginal note:Due diligence

  (4) A person is not to be found guilty of an offence under subsection (3) if they establish that they exercised due diligence to prevent the commission of the offence.

• Marginal note:Minister’s consent

  (5) No proceedings shall be taken under this section against any person without the Minister’s consent.

Medical Examination

Marginal note:Medical examination

• 27 (1) A seaman who claims compensation, or to whom compensation is payable under this Act, shall, if required to do so by their employer, submit themselves for examination by a duly qualified medical practitioner who is selected and paid for by the employer and shall, if required to do so by the Minister, submit themselves for examination by a medical referee.

• Marginal note:In accordance with Act

  (2) A seaman is not required at the request of his employer to submit himself for examination otherwise than in accordance with this Act.

• Marginal note:Costs paid by employer

  (3) The cost of any examination made pursuant to subsection (1) and the cost of any reference under section 28 shall be paid by the employer.

Marginal note:Minister may refer matter to medical referee

• 28 (1) If a seaman has, on their employer’s request, submitted themselves for examination, or has been examined by a duly qualified medical practitioner selected by themselves, and a copy of the medical practitioner’s report on the seaman’s condition has been furnished in the former case by the employer to the seaman and in the latter case by the seaman to the employer, the Minister may, on the application of either of them or of his or her own motion, refer the matter to a medical referee.

• Marginal note:Certificate of medical referee

  (2) The medical referee to whom a reference is made under subsection (1) or who has examined the seaman by the Minister’s direction under subsection 27(1) shall certify to the Minister as to the condition of the seaman and their fitness for employment, specifying, if necessary, the kind of employment and, if unfit, the cause and degree of the unfitness, and the referee’s certificate, unless the Minister otherwise directs, is conclusive as to the matters certified.

• Marginal note:Right suspended in case refusal of examination

  (3) When a seaman does not submit himself for examination when required to do so under subsection 27(1) or on being required to do so does not submit himself for examination to a medical referee under that subsection or under subsection (1) of this section, or in any way obstructs any examination, his right to compensation, or if he is in receipt of a weekly or other periodical payment, his right to it, is suspended until the examination has taken place.

• Marginal note:Diminution or suspension of compensation

  (4) The Minister may diminish the compensation to which a seaman is entitled, or suspend payment of it, whenever the seaman persists in dangerous or unsanitary practices imperilling or retarding their cure and whenever they refuse to submit to any medical treatment that the Minister, on the medical referee’s advice, considers necessary for their cure.

• Marginal note:Reasonable refusal

  (5) Subsection (4) does not apply in the event of the seaman reasonably refusing to submit to surgical aid.

Review of Compensation

Marginal note:Payments may be reviewed

29 Any weekly or other periodic payment to a seaman may be reviewed at the employer’s or seaman’s request, and on such review the Minister may put an end to or diminish the payment or increase the payment to a sum not beyond the maximum prescribed in this Act.