GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Members of Parliament Retiring Allowances Act — M-5 63.1
Recovery of amount paid in error 63.1 Any amount that has been paid in error to a person on account of an allowance or other benefit under this Act may be recovered, in the prescribed manner, from any allowance or other benefit subsequently payable to or in respect of that person under this Act, without prejudice to any other recourse available to Her Majesty with respect to the recovery of the amount. 1995, c. 30, s. 24
Members of Parliament Retiring Allowances Act — M-5 65
Valuation report 65 (1) In accordance with the Public Pensions Reporting Act , a cost certificate, a valuation report and an assets report relating to the Retiring Allowances Account shall be prepared, filed with the Minister designated under that Act and laid before Parliament. Review date (2) Notwithstanding subsection 3(3) of the Public Pensions Reporting Act , for the purposes of subsection (1), the review date as of which an actuarial review of the Retiring Allowances Account must be conducted for the purposes of the first valuation report completed after the coming into force of this subsection is March 31, 1995 instead of the date determined under subsection 3(3) of that Act, and thereafter the review dates must not be more than three years apart. 1992, c. 46, s. 81; 1995, c. 30, s. 26
Members of Parliament Retiring Allowances Act — M-5 66
Valuation report 66 (1) A cost certificate, a valuation report and an assets report relating to the Compensation Arrangements Account shall be prepared, filed with the Minister and laid before Parliament in accordance with the Public Pensions Reporting Act as if the retirement compensation arrangements provided for by Parts II and III were pension plans established under an Act referred to in subsection 3(1) of that Act. Review dates (2) For the purposes of subsection (1), the review date as of which an actuarial review of the Compensation Arrangements Account must be conducted for the purposes of the first valuation report is March 31, 1995, and thereafter the review dates must not be more than three years apart. 1992, c. 46, s. 81; 1995, c. 30, s. 27
Members of Parliament Retiring Allowances Act — M-5 67
Report to Parliament 67 The Minister shall, as soon as possible after the end of each fiscal year, lay before Parliament a report on the administration of this Act during the preceding fiscal year, including a statement of the amounts received by way of contributions and interest under this Act, the amounts paid under this Act by way of allowances or other benefits, the number of contributors, the number of persons receiving any allowance or other benefit, and such other information as is prescribed. 1992, c. 46, s. 81
Members of Parliament Retiring Allowances Act — M-5 34
Resumption of allowances to spouses 34 Where, before the coming into force of this Act, payment of an allowance, annuity or pension to a spouse or surviving spouse was suspended or ceased, on remarriage of the spouse or surviving spouse, pursuant to subsection 25(2) of the Public Service Superannuation Act , section 27 of the Canadian Forces Superannuation Act , subsection 30(2) of the Defence Services Pension Continuation Act , subsection 9(5) of the Diplomatic Service (Special) Superannuation Act , subsection 14(2), 19(4) or 31(5) of the Members of Parliament Retiring Allowances Act , subsection 38.1(2) or 39(2) of the Members of Parliament Retiring Allowances Act , R.S.C. 1970, c. M-10 (as amended by R.S.C. 1970, c. 25 (1st Supp.), ss. 14 and 15), subsection 24(2) of the Royal Canadian Mounted Police Pension Continuation Act or section 16 of the Royal Canadian Mounted Police Superannuation Act , as that provision read from time to time before the coming into force of this Act, payment of the allowance, annuity or pension, as the case may be, to the spouse or surviving spouse shall, subject to that Act, be resumed on and with effect from the day on which this Act comes into force.
Members of Parliament Retiring Allowances Act — M-5 35
Resumption of allowances to children 35 (1) Where, before the coming into force of this Act, payment of an allowance or annuity to a person did not commence or ceased because, on marriage, the person was not a child within the meaning of paragraph 12(9)(b) of the Public Service Superannuation Act , paragraph 25(4)(b) of the Canadian Forces Superannuation Act , paragraph 13(4)(b) of the Royal Canadian Mounted Police Superannuation Act , paragraph 47(8)(b) of the Royal Canadian Mounted Police Pension Continuation Act or paragraph (b) of the definition child in subsection 31(6) of the Members of Parliament Retiring Allowances Act , as that provision read from time to time before the coming into force of this Act, payment of the allowance or annuity, as the case may be, to the person shall, subject to that Act, commence or be resumed, as the case may be, on and with effect from the day on which this Act comes into force.
Members of Parliament Retiring Allowances Act — M-5 28
Definition of former Act 28 (1) In this section, former Act means the Members of Parliament Retiring Allowances Act , as it read on December 30, 1992. Continuation in effect (2) Notwithstanding section 81 of An Act to amend certain Acts in relation to pensions and to enact the Special Retirement Arrangements Act and the Pension Benefits Division Act , chapter 46 of the Statutes of Canada, 1992, section 14 of the former Act continues, on and after December 31, 1992, to apply to or in respect of any person to or in respect of whom it applied immediately before that date. Provisions applicable (3) Sections 23, 50 to 55, 58, 59.1, 60 and 62 of the Members of Parliament Retiring Allowances Act , and any other provisions of that Act referred to in those sections, apply, with such modifications as the circumstances require, in respect of an allowance payable under section 14 of the former Act as if it were an allowance or benefit referred to in those sections. Acts applicable (4) The Pension Benefits Division Act and Part II of the Garnishment, Attachment and Pension Diversion Act apply, with such modifications as the circumstances require, in respect of an allowance payable under section 14 of the former Act as if it were a pension benefit within the meaning of that Act or Part, as the case may be.
Members of Parliament Retiring Allowances Act — M-5 229
Transitional — application of certain provisions 229 (3) Sections 225 and 226 apply only with respect to members and former members who die on or after the day on which this subsection comes into force.
Members of Parliament Retiring Allowances Act — M-5 185
185 (1) Section 25 of the Members of Parliament Retiring Allowances Act , as enacted by section 177, applies in respect of elections made after the coming into force of section 177. (2) Section 23 of the Members of Parliament Retiring Allowances Act , as it read immediately before the coming into force of section 177, continues to apply in respect of elections made before the coming into force of section 177.
Members of Parliament Retiring Allowances Act — M-5 186
186 (1) Section 45 of the Members of Parliament Retiring Allowances Act , as enacted by section 178, applies in respect of elections made after the coming into force of section 178. (2) Section 43 of the Members of Parliament Retiring Allowances Act , as it read immediately before the coming into force of section 178, continues to apply in respect of elections made before the coming into force of section 178.
Members of Parliament Retiring Allowances Act — M-5 Amendments apply to members who make an election and to future members
Amendments apply to members who make an election and to future members * 30 (1) The provisions of the Parliament of Canada Act , the Members of Parliament Retiring Allowances Act and the Salaries Act , as amended by this Act, apply (a) to any member of the Senate or the House of Commons who files an election in writing with the Clerk of that House, within 90 days after the day on which this section comes into force, to have them apply to the member; and (b) to any person who becomes a member of the Senate or the House of Commons after the day on which this section comes into force. * [Note: Section 30 in force 15 June, 2001, see SI/2001-82.] Failure to elect * (2) The provisions amended or repealed by this Act, other than paragraph 80(1)(a) of the Parliament of Canada Act as enacted by section 13, apply to any member who fails to make an election under paragraph (1)(a) as they read immediately before the day on which this section comes into force. * [Note: Section 30 in force 15 June, 2001, see SI/2001-82.] Deemed election (3) A member who dies before making an election under paragraph (1)(a) is deemed to have elected immediately before the member’s death to have the provisions referred to in subsection (1) apply to the member. Election irrevocable (4) An election under paragraph (1)(a) is irrevocable.
Members of Parliament Retiring Allowances Act — M-5 167
Member already suspended 167 If, on the day on which this Division comes into force, a person has been suspended from the Senate or House of Commons, as the case may be, by a majority vote of that House and has not had their right to accrue pensionable service reinstated by such a vote, the periods referred to in section 2.9 and subsection 2.92(1) of the Members of Parliament Retiring Allowances Act , as enacted by section 166 , begin on the day on which this Division comes into force.
Merchant Seamen Compensation Act — M-6 1
Short title 1 This Act may be cited as the Merchant Seamen Compensation Act . R.S., c. M-11, s. 1
Merchant Seamen Compensation Act — M-6 2
cident, shall be deemed for the purposes of this Act to have suffered the disability as a result of an accident and, except for the purpose of computing compensation, the accident shall be deemed to have taken place on the day the disability first became known to his employer. R.S., 1985, c. M-6, s. 2; 2000, c. 12, s. 187; 2001, c. 26, s. 307; 2012, c. 31, s. 233
Merchant Seamen Compensation Act — M-6
accident includes a wilful and an intentional act, not being the act of a seaman, and a fortuitous event occasioned by a physical or natural cause; ( accident )
Merchant Seamen Compensation Act — M-6
compensation includes medical and hospital expenses and any other benefits, expenses or allowances authorized by this Act; ( indemnité )
Merchant Seamen Compensation Act — M-6
dependants means members of the family of a seaman who were wholly or partly dependent on his earnings at the time of his death, or who but for the incapacity of a seaman due to an accident would have been so dependent; ( personnes à charge )
Merchant Seamen Compensation Act — M-6
employer includes every person having any seaman in his service under a contract of hiring or apprenticeship, written or oral, express or implied; ( employeur )
Merchant Seamen Compensation Act — M-6
foreign voyage means a voyage extending beyond the area of a home-trade voyage and not being an inland or minor waters voyage; ( voyage de long cours )
Merchant Seamen Compensation Act — M-6
home-trade voyage means a voyage, not being an inland or minor waters voyage, between places within the following areas, namely, Canada, the United States other than Hawaii, St. Pierre and Miquelon, the West Indies, Mexico, Central America and the northeast coast of South America, in the course of which a ship does not go south of the sixth parallel of north latitude; ( voyage de cabotage )
Merchant Seamen Compensation Act — M-6
inland voyage means a voyage, not being a minor waters voyage, on the inland waters of Canada together with such part of any lake or river forming part of the inland waters of Canada as lies within the United States or on Lake Michigan; ( voyage en eaux internes )
Merchant Seamen Compensation Act — M-6
invalid means physically or mentally incapable of earning; ( invalide )
Merchant Seamen Compensation Act — M-6
medical aid means the medical, surgical and dental aid, the hospital and skilled nursing services and the artificial member or members and apparatus and repair mentioned in subsection 46(1); ( assistance médicale )
Merchant Seamen Compensation Act — M-6
Minister means the Minister of Labour; ( ministre )
Merchant Seamen Compensation Act — M-6
minor waters of Canada means all inland waters of Canada other than Lakes Ontario, Erie, Huron, including Georgian Bay, and Superior and the St. Lawrence River east of a line drawn from Father Point to Point Orient, and includes all bays, inlets and harbours of or on those lakes and Georgian Bay and the sheltered waters on the seacoasts of Canada that the Minister of Transport may specify; ( eaux secondaires du Canada )
Merchant Seamen Compensation Act — M-6
minor waters voyage means a voyage within the following limits, namely, the minor waters of Canada together with the part of any lake or river forming part of the minor waters of Canada that lies within the United States; ( voyage en eaux secondaires )
Merchant Seamen Compensation Act — M-6 (a)
seaman means every person, except pilots, apprenticed pilots and fishers, employed or engaged on (a) a ship registered in Canada under the Canada Shipping Act, 2001 , or (b) a ship chartered by demise to a person resident in Canada or having their principal place of business in Canada, when the ship is engaged in trading on a foreign voyage or on a home-trade voyage, and, if so ordered by the Governor in Council, includes a seaman engaged in Canada and employed on a ship that is registered outside Canada and operated by a person resident in Canada or having their principal place of business in Canada when that ship is so engaged; ( marin )
Merchant Seamen Compensation Act — M-6
ship means a vessel as defined in section 2 of the Canada Shipping Act, 2001 . ( navire )
Merchant Seamen Compensation Act — M-6 (a)
survivor means a person who, at the time of the death of a seaman, was (a) the seaman’s spouse, if there is no person described in paragraph (b), or (b) a person who was cohabiting with the seaman in a conjugal relationship for a period of at least one year immediately before the seaman’s death. ( survivant )
Merchant Seamen Compensation Act — M-6 5
When compensation not payable 5 No compensation is payable under this Act, (a) where a seaman or his dependants are entitled to claim compensation under the Government Employees Compensation Act or under any provincial workers’ compensation law; or (b) where a seaman is or his dependants are entitled to claim compensation under the Order in Council of April 30, 1942 (P.C. 104/3546), or any statute or law that provides similar benefits. R.S., c. M-11, s. 4
Merchant Seamen Compensation Act — M-6 6
Compensation under law of foreign country 6 (1) Where an accident happens in respect of which a seaman or his dependants are entitled to claim compensation under the law of any foreign country, they are bound to elect whether they will claim compensation under that law or under this Act, and to give notice of that election, and if an election is not made and notice not given it shall be presumed that they have elected not to claim compensation under this Act. Notice of election (2) Notice of an election under subsection (1) shall be given to the Minister 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. Waiver of all claims (3) No compensation is payable in respect of any accident mentioned in subsection (1) unless the seaman or their dependants submit to the Minister, in a form approved by the Minister, a waiver of all claims for compensation under the foreign law referred to in that subsection. R.S., 1985, c. M-6, s. 6; 2012, c. 31, s. 235
Merchant Seamen Compensation Act — M-6 7
Application of Act 7 This Act applies to accidents happening within or outside Canada. R.S., c. M-11, s. 6
Merchant Seamen Compensation Act — M-6 8
Compensation, how paid 8 (1) The employer of a seaman injured by reason of an accident arising out of and in the course of his employment shall pay compensation in the manner and to the extent provided by this Act, except where the injury (a) does not disable the seaman for a period of at least three days from earning full wages at the work at which he was employed; or (b) is attributable solely to the serious and wilful misconduct of the seaman unless the injury results in death or serious disability. Payable from date of disability (2) Where compensation for disability is payable, it shall be computed and be payable from the date of the disability. R.S., c. M-11, s. 7
Merchant Seamen Compensation Act — M-6 9
Deductions 9 Except with the Minister’s approval, the amount of compensation payable under this Act is not subject to any deduction or abatement by reason of, on account of or in respect of any matter or thing whatever except in respect of any sums of money that have been paid by the employer to a seaman on account of an injury received by the seaman, which sum or sums shall be deducted from the amount of the compensation. R.S., 1985, c. M-6, s. 9; 2012, c. 31, s. 236
Merchant Seamen Compensation Act — M-6 10
Amount not to be assigned, etc. 10 Except with the Minister’s approval, the amount of compensation payable under this Act is not capable of being assigned, charged or attached and shall not pass to any other person by operation of law nor shall any claim be set off against it, including, in Quebec, by way of compensation. R.S., 1985, c. M-6, s. 10; 2012, c. 31, s. 236
Merchant Seamen Compensation Act — M-6 11
Seaman may not forego benefits 11 It is not competent for a seaman to agree with his employer to waive or to forego any of the benefits to which he or his dependants are or may become entitled under this Act and every agreement to that end is absolutely void. R.S., 1985, c. M-6, s. 11; 2012, c. 31, s. 237(F)
Merchant Seamen Compensation Act — M-6 12
Claims to be heard by Minister 12 No action lies for the recovery of compensation payable under this Act, but all claims for compensation shall be heard and determined by the Minister. R.S., 1985, c. M-6, s. 12; 2012, c. 31, s. 238
Merchant Seamen Compensation Act — M-6 13
Right to compensation in lieu of all other rights 13 The right to compensation provided by this Act is in lieu of all rights and rights of action, statutory or otherwise, to which a seaman or his dependants are or may be entitled against the employer of the seaman for or by reason of any accident happening to him while in the employment of the employer, and no action lies in respect thereof. R.S., c. M-11, s. 12
Merchant Seamen Compensation Act — M-6 14
Minister decides right to compensation 14 Any party to an action may apply to the Minister for adjudication and determination of the question of the plaintiff’s right to compensation under this Act, or whether the right to bring the action is taken away by this Act. R.S., 1985, c. M-6, s. 14; 2012, c. 31, s. 239
Merchant Seamen Compensation Act — M-6 15
Exclusive jurisdiction of Minister 15 The Minister has exclusive jurisdiction to examine, hear and determine all matters and questions arising under this Act and with respect to any matter or thing in respect of which any power, authority or discretion is conferred on him or her. R.S., 1985, c. M-6, s. 15; 2012, c. 31, s. 239
Merchant Seamen Compensation Act — M-6 16
Reconsideration and amendment 16 The Minister may reconsider any matter that has been dealt with by him or her or rescind or amend any decision or order previously made. R.S., 1985, c. M-6, s. 16; 2012, c. 31, s. 239
Merchant Seamen Compensation Act — M-6 17
Production of information 17 In any matter arising under this Act, the Minister has the power to require the production of any information that he or she considers necessary. R.S., 1985, c. M-6, s. 17; 2012, c. 31, s. 239
Merchant Seamen Compensation Act — M-6 19
Decisions final 19 The Minister’s decisions and findings are final and conclusive. R.S., 1985, c. M-6, s. 19; 2012, c. 31, s. 239
Merchant Seamen Compensation Act — M-6 20
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. R.S., 1985, c. M-6, s. 20; 2012, c. 31, s. 239
Merchant Seamen Compensation Act — M-6 21
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. R.S., 1985, c. M-6, s. 21; R.S., 1985, c. 27 (2nd Supp.), s. 10; 1990, c. 16, s. 17, c. 17, s. 35; 1992, c. 51, s. 57; 1998, c. 30, ss. 13(F), 15(E); 2012, c. 31, s. 240; 2015, c. 3, s. 132
Merchant Seamen Compensation Act — M-6 22
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. 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. R.S., c. M-11, s. 21
Merchant Seamen Compensation Act — M-6 23
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. R.S., 1985, c. M-6, s. 23; 2012, c. 31, s. 241