GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Merchant Seamen Compensation Act — M-6 24
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. 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. 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. 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. 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. R.S., 1985, c. M-6, s. 24; 2012, c. 31, s. 242
Merchant Seamen Compensation Act — M-6 25
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. 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. 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. 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. R.S., 1985, c. M-6, s. 25; 2012, c. 31, s. 243
Merchant Seamen Compensation Act — M-6 26
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. 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. 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. 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. Minister’s consent (5) No proceedings shall be taken under this section against any person without the Minister’s consent. R.S., 1985, c. M-6, s. 26; 2012, c. 31, s. 244
Merchant Seamen Compensation Act — M-6 27
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. 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. 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. R.S., 1985, c. M-6, s. 27; 2012, c. 31, s. 245
Merchant Seamen Compensation Act — M-6 28
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. 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. 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. 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. Reasonable refusal (5) Subsection (4) does not apply in the event of the seaman reasonably refusing to submit to surgical aid. R.S., 1985, c. M-6, s. 28; 2012, c. 31, s. 246
Merchant Seamen Compensation Act — M-6 29
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. R.S., 1985, c. M-6, s. 29; 2012, c. 31, s. 247
Merchant Seamen Compensation Act — M-6 30
Employer to be insured 30 (1) Every employer shall cover by insurance or other means satisfactory to the Minister the risks of compensation arising under this Act. Failure to comply (2) 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. Due diligence (3) A person is not to be found guilty of an offence under subsection (2) if they establish that they exercised due diligence to prevent the commission of the offence. Minister’s consent (4) No proceedings shall be taken under this section against any person without the Minister’s consent. R.S., 1985, c. M-6, s. 30; R.S., 1985, c. 1 (2nd Supp.), s. 213; 2012, c. 31, s. 247
Merchant Seamen Compensation Act — M-6 31
ter may direct that the payment be made to any person or be applied in any manner that he or she considers most advantageous for the child. Maximum compensation (9) Exclusive of the expenses of burial of the seaman and the lump sum of eight hundred and thirty-three dollars referred to in subsection (3), the compensation payable as provided by subsection (1) shall not in any case exceed seventy-five per cent of the average earnings of the seaman mentioned in section 36, and if the compensation payable under subsection (1) would in any case exceed that percentage, it shall be reduced accordingly, and where several persons are entitled to monthly payments the payments shall be reduced proportionately, but the minimum compensation shall be (a) where the survivor is the sole dependant, a monthly payment of $1,451.92, or if the seaman’s average earnings are less than $1,451.92 per month, the amount of those earnings; and (b) where the dependants are a survivor and one or more children, a monthly payment of $1,613.10 for the survivor and one child irrespective of the amount of the seaman’s earnings, with a further monthly payment of $161.18 for each additional child unless the total monthly compensation exceeds the seaman’s average earnings, in which case the compensation shall be a sum equal to those earnings or $1,613.10, whichever is the greater, the share for each child entitled to compensation being reduced proportionately. R.S., 1985, c. M-6, s. 31; R.S., 1985, c. 31 (1st Supp.), s. 81; 2000, c. 12, s. 188; 2001, c. 26, s. 308; 2012, c. 31, s. 248
Merchant Seamen Compensation Act — M-6 32
Payment of additional compensation 32 (1) In addition to the amounts of compensation payable under section 31 to dependants of a seaman as a result of his death from an accident, there shall be paid, (a) where the survivor of the seaman is the sole dependant, a monthly payment equal to the amount remaining, if any, after subtracting from $100 the amount of any monthly payment payable to that person pursuant to section 31; (b) where the dependants are a survivor and one or more children, (i) a monthly payment equal to the amount remaining, if any, after subtracting from $100 the amount of any monthly payment payable to that survivor pursuant to section 31, and (ii) an additional monthly payment for each child equal to the amount remaining, if any, after subtracting from $35 the amount of any monthly payment payable pursuant to section 31 for that child, that payment to be increased on the death of the survivor to an amount equal to the amount remaining, if any, after subtracting from $45 the amount of any monthly payment payable pursuant to section 31 to that child; and (c) where the dependants are children only, a monthly payment to each child equal to the amount remaining, if any, after subtracting from forty-five dollars the amount of any monthly payment payable pursuant to section 31 to that child. Dependent minors attending school (2) In addition to the amounts of compensation payable under section 31 to or for a seaman’s dependent children as a result of the seaman’s death from an accident incurred before May 1, 1965, there shall be paid, with the Minister’s approval, to or for each dependent child under the age of 21 years who is attending school, the compensation that would have been payable had the accident from which the death of the seaman resulted occurred on or after May 1, 1965. Payment made out of C.R.F. (3) The amounts payable pursuant to this section shall be paid out of the Consolidated Revenue Fund and shall be paid subject to the same terms and conditions as apply to the compensation payable pursuant to the other provisions of this Act. “Section 31” (4) In this section, the expression “section 31” means that section as it read at the date of the accident to the seaman in respect of whose resulting death compensation is payable. R.S., 1985, c. M-6, s. 32; R.S., 1985, c. 31 (1st Supp.), s. 82; 2000, c. 12, s. 189; 2012, c. 31, s. 249
Merchant Seamen Compensation Act — M-6 34
34 [Repealed, R.S., 1985, c. 31 (1st Supp.), s. 83]
Merchant Seamen Compensation Act — M-6 35
Orders of Governor in Council 35 The Governor in Council may, by order, increase all or any of (a) the amounts specified in paragraphs 31(1)(a), (b), (d), (e) and (f), in subsections 31(3) and (9) and in section 40, (b) the percentages specified in subsection 31(9), in section 36 and in subsections 37(2) and (4), and (c) the maximum rate of earnings specified in subsection 41(1), but no order shall increase an amount, percentage or maximum rate of earnings to an amount, percentage or maximum rate of earnings that exceeds the highest equivalent amount, percentage or maximum rate of earnings specified, at the time the order is made, in the enactments of the Legislature of the Province of Nova Scotia, New Brunswick, Prince Edward Island or Newfoundland and Labrador relating to compensation of workers and their dependants for accidents occurring to workers during the course of their employment. R.S., 1985, c. M-6, s. 35; 2015, c. 3, s. 133
Merchant Seamen Compensation Act — M-6 36
Permanent total disability 36 Where permanent total disability of a seaman results from an injury, the amount of the compensation shall be a weekly payment during the life of the seaman equal to seventy-five per cent of his average weekly earnings during the previous twelve months if he has been so long employed, but if not, then for the period during which he has been in the employment of his employer. R.S., c. M-11, s. 33
Merchant Seamen Compensation Act — M-6 37
Permanent partial disability 37 (1) Where permanent partial disability of a seaman results from an injury, the impairment of earning capacity of the seaman shall be estimated from the nature and degree of the injury, and the compensation shall be a weekly payment during the lifetime of the seaman in the same proportion to the weekly payment payable under section 36 as the impairment of earning capacity is to total earning capacity. Difference in earnings before and after accident (2) If the Minister considers it more equitable to do so, he or she may award compensation for permanent partial disability, having regard to the difference between the seaman’s average weekly earnings before the accident and the average amount that they are earning or are able to earn in a suitable employment or business after the accident, and the compensation may be a weekly payment of 75% of the difference, and regard shall be had to the seaman’s fitness to continue the employment in the course of which they were injured or to adapt themselves to some other suitable occupation. Rating schedule (3) The Minister may compile a rating schedule of percentages of impairment of earning capacity for specified injuries or mutilations that may be used as a guide in determining the compensation payable in permanent partial disability cases. Fixed amount (4) Despite subsections (1) and (2), if the impairment of the seaman’s earning capacity does not exceed 10% of their earning capacity, instead of a weekly payment payable under those subsections, the Minister may, unless he or she is of the opinion that it would not be to the seaman’s advantage to do so, fix an amount to be paid to the seaman as full compensation and pay the seaman the amount either in one sum or in periodic payments as the Minister may direct. R.S., 1985, c. M-6, s. 37; 2012, c. 31, s. 250
Merchant Seamen Compensation Act — M-6 38
Temporary total disability 38 Where temporary total disability of a seaman results from an injury, the compensation shall be the same as that prescribed by section 36, but is payable only so long as the disability lasts. R.S., c. M-11, s. 35
Merchant Seamen Compensation Act — M-6 39
Temporary partial disability 39 Where temporary partial disability of a seaman results from an injury, the compensation shall be the same as that prescribed by section 37, but is payable only so long as the disability lasts and subsection 37(4) applies. R.S., c. M-11, s. 36
Merchant Seamen Compensation Act — M-6 40
Minimum compensation 40 The amount of compensation to which an injured seaman is entitled for temporary total or permanent total disability under this Act shall not be less than one hundred and twenty-four dollars per week or, where his average earnings are less than one hundred and twenty-four dollars per week, the amount of those earnings, and for temporary partial or permanent partial disability a corresponding amount in proportion to the impairment of earning capacity. R.S., c. M-11, s. 37; R.S., c. 19(2nd Supp.), s. 5; SOR/74-384; SOR/76-462; SOR/79-892; SOR/81-315; SOR/82-382; SOR/84-911
Merchant Seamen Compensation Act — M-6 41
Computation of average earnings 41 (1) Average earnings shall be computed in such a manner as is best calculated to give the rate per week or month at which a seaman was remunerated but not so as in any case to exceed the rate of twenty-seven thousand two hundred and fifty dollars per annum. In case of shortness of employment (2) Where, owing to the shortness of the time during which a seaman was in the employment of his employer or the casual nature of his employment or the terms thereof, it is impracticable to compute the rate of remuneration as of the date of an accident, regard may be had to the average weekly or monthly amount that, during the twelve months previous to the accident, was being earned by a person in the same grade employed at the same work by the same employer, or if there is no person so employed, then by a person in the same grade employed in the same class of employment on a ship of the same class. Definition of employment by the same employer (3) For the purpose of this section, the expression employment by the same employer means employment by the same employer in the grade in which the seaman was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause. Special expenses not counted (4) Where an employer was accustomed to pay a seaman a sum to cover any special expense entailed on him by the nature of his employment, that sum shall not be reckoned as part of his earnings. Earnings at time of accident considered (5) If in any case it seems more equitable to do so, the Minister may award compensation, having regard to a seaman’s earnings at the time of an accident. R.S., 1985, c. M-6, s. 41; 2012, c. 31, s. 251
Merchant Seamen Compensation Act — M-6 42
Payments, etc., during disability considered 42 (1) In fixing the amount of a weekly or monthly payment, regard shall be had to any payment, allowance or benefit that a seaman may receive from his employer during the period of his disability, including any pension, gratuity or other allowance provided wholly at the expense of the employer. No compensation if wages paid (2) No compensation is payable in respect of the period during which an employer is, under the Canada Shipping Act, 2001 , or otherwise, liable for the payment of wages and to defray the expenses of maintenance of an injured seaman. Compensation paid in full (3) Any sum payable by way of compensation by the owner of a ship under this Act shall be paid in full notwithstanding anything in Part 3 of the Marine Liability Act . R.S., 1985, c. M-6, s. 42; 2001, c. 6, s. 116, c. 26, s. 309
Merchant Seamen Compensation Act — M-6 43
Semi-monthly or monthly payments 43 (1) Whenever the Minister considers it advisable, the payment of compensation may be made semi-monthly or monthly instead of weekly. Residence outside Canada (2) Subject to section 23, if a seaman or a dependant is not a resident of Canada or ceases to reside in Canada, the periods of payments may be otherwise fixed or the compensation commuted as the Minister considers appropriate. R.S., 1985, c. M-6, s. 43; 2012, c. 31, s. 252
Merchant Seamen Compensation Act — M-6 44
Cases where compensation may be diverted 44 (1) If a seaman is entitled to compensation and it is made to appear to the Minister that the seaman’s spouse, former spouse, common-law partner, former common-law partner or children under 18 years of age are without adequate means of support, the Minister may divert the compensation in whole or in part from the seaman for their benefit. Diversion of compensation from survivor (2) If a seaman’s survivor is entitled to compensation under section 31 and it is made to appear to the Minister that the seaman’s spouse, former spouse, former common-law partner or children under 18 years of age are without adequate means of support, the Minister may divert the compensation in whole or in part from the survivor for their benefit. Meaning of “common-law partner” (3) In this section, common-law partner means a person who is cohabiting with a seaman in a conjugal relationship, having so cohabited for a period of at least one year, or who had been so cohabiting for a period of at least one year at the time of the seaman’s death. R.S., 1985, c. M-6, s. 44; R.S., 1985, c. 31 (1st Supp.), s. 84, c. 3 (2nd Supp.), s. 30(F); 2000, c. 12, s. 191; 2012, c. 31, s. 253
Merchant Seamen Compensation Act — M-6 45
If seaman or dependant is a minor 45 If a seaman or a dependant is a minor or under any other legal incapacity, the compensation to which they are entitled may be paid to any person or be applied in any manner that the Minister considers is to the seaman’s or the dependant’s best advantage. R.S., 1985, c. M-6, s. 45; 2012, c. 31, s. 254
Merchant Seamen Compensation Act — M-6 46
Seaman entitled to medical aid, etc. 46 (1) Every seaman entitled to compensation under this Act is entitled to such medical, surgical and dental aid, and hospital and skilled nursing services as may be necessary as a result of the injury, and is entitled to such artificial member or members and apparatus and dental appliances and apparatus as may be necessary as a result of the injury and to have the same kept in repair or replaced when deemed necessary. Responsibility of employer (2) The medical aid to which a seaman is entitled under subsection (1) shall be furnished and paid for by the employer of that seaman. Question of necessity (3) Any question as to the necessity, character and sufficiency of any medical aid furnished or to be furnished may be referred to the Minister for a decision. Fees or charges (4) The fees or charges for the medical aid under subsection (1) shall not be more than would be properly and reasonably charged to a seaman if that seaman were paying the bill, but shall not, in any case where the seaman is furnished with medical aid in Canada, exceed the fees or charges that would be paid in similar circumstances by the workers’ compensation board of the province in which the medical aid was furnished. Transportation to hospital (5) Every employer shall at his own expense furnish any seaman injured in his employment, who is in need of it, with immediate conveyance and transportation to a hospital, a physician or the seaman’s home within a reasonable limit. R.S., 1985, c. M-6, s. 46; 2012, c. 31, s. 255