Flying Accidents Compensation Regulations (C.R.C., c. 10)

Short Title

1 These Regulations may be cited as the Flying Accidents Compensation Regulations.

Interpretation

2 In these Regulations,

aircraft

aircraft means any machine used or designed for navigation of the air but does not include a machine designed to derive support in the atmosphere from reaction against the earth’s surface of air expelled from the machine; (aéronef)

civil aviation inspector

civil aviation inspector means

• (a) an employee who is required to conduct flight tests to determine the competency of flight crew personnel and to inspect commercial air operations, or

• (b) an employee who is required to monitor in-flight cabin procedures in use in commercial air operations; (inspecteur de l’aviation civile)

Commission

Commission means the Canadian Pension Commission established by section 3 of the Pension Act; (Commission)

employee

employee means any person who is employed in the public service of Canada or under the direction of any department of the public service of Canada other than a member of the Royal Canadian Mounted Police who is a person described in paragraph 27(1)(a) or (b) of the Royal Canadian Mounted Police Superannuation Act; (employé)

non-scheduled flight

non-scheduled flight means a flight in an aircraft that is not a private aircraft and that is not operated on a scheduled flight; (vol non régulier)

private aircraft

private aircraft means an aircraft used by an employee travelling on official government business and for the use of which he is reimbursed in accordance with the rates prescribed by the Treasury Board Travel Directive; (aéronef privé)

scheduled flight

scheduled flight means a flight conducted under a published statement of frequency and time of departure and arrival and operated by a commercial air service utilizing commercial aircraft. (vol régulier)

Payment of Compensation

• 3 (1) Subject to subsections (2) and (3) and section 4, where

  • (a) an employee dies or is injured as a direct result of a non-scheduled flight undertaken by him in the course of his duties, or

  • (b) a civil aviation inspector dies or is injured as a direct result of any flight undertaken by him for the purpose of determining the competency of flight crew personnel, inspecting commercial air operations or monitoring in-flight cabin procedures in use in commercial air operations,

  compensation is payable for his death or injury in an amount equal to the pension that would have been awarded to or in respect of him in accordance with the rates set out in Schedule A or B to the Pension Act, whichever is applicable, as increased by virtue of Part V.1 of that Act, if his death or injury had arisen out of or was directly connected with military service in peace time.

• (2) No compensation is payable under these Regulations for any death or injury in respect of which provision for the payment of compensation or a gratuity or pension is made by any other Act, unless the claimant elects to accept compensation under these Regulations instead of compensation or a gratuity or pension under any such other Act.

• (3) No compensation is payable under these Regulations for the death or injury of an employee that was due to a self-inflicted wound or any action by him that endangered the safety of the normal process of the flight.

Where Compensation Recoverable other than Under These Regulations

4 Where a death or injury in respect of which compensation is payable under these Regulations is caused under circumstances creating a legal liability upon some person to pay damages therefor, if any amount is recovered and collected in respect of such liability by or on behalf of the person to or on behalf of whom such compensation may be paid, the Commission, for the purpose of determining the amount of compensation to be paid, shall take into consideration any amount so recovered and collected in the manner set out in section 5.

• 5 (1) Where one-half of any amount recovered and collected as provided in section 4 is greater than the capitalized value of the compensation that might otherwise have been payable under these Regulations, no compensation shall be paid.

• (2) Where one-half of any amount recovered and collected as provided in section 4 is less than the capitalized value of the compensation that might otherwise have been payable under these Regulations, compensation in an amount that, if capitalized, would equal the difference between such amount and the capitalized value of the compensation that might otherwise have been payable under these Regulations, may be paid.

• (3) If any amount recovered and collected as provided in section 4, or any part thereof, is paid to Her Majesty, compensation in an amount that, if capitalized, would equal the amount so paid but would not in any event be greater than the total compensation that, apart from this section, would be payable under these Regulations, may be paid.

Payment of other Compensation

6 In addition to any compensation payable in accordance with section 3, compensation shall be paid in respect of the funeral expenses of

• (a) any employee who dies as a direct result of a non-scheduled flight undertaken by him in the course of his duties, or

• (b) any civil aviation inspector who dies as a direct result of any flight undertaken by him for the purpose of determining the competency of flight crew personnel, inspecting commercial air operations or monitoring in-flight cabin procedures in use in commercial air operations,

in an amount equal to the amount that would otherwise have been payable in respect of such expenses under the Government Employees Compensation Act if the claimant had not elected to accept compensation under these Regulations and had made a claim under that Act.

Administration

7 Any claim under these Regulations shall be adjudicated by the Canadian Pension Commission and any compensation payable under these Regulations shall be paid by the Canadian Pension Commission.