A-3.001, r. 14 - Regulation respecting social stabilization and economic stabilization programs

Full text
chapter A-3.001, r. 14
Regulation respecting social stabilization and economic stabilization programs
INDUSTRIAL ACCIDENTS — SOCIAL STABILIZATION — PROGRAMS
Act respecting industrial accidents and occupational diseases
(chapter A-3.001, s. 570, 4th par.)
A-3.001
Workmen’s Compensation Act
(chapter A-3, s. 124, par. k)
A-3
September 1 2012
DIVISION 1
INTERPRETATION AND SCOPE
1. This Regulation applies to a worker who was a victim of an industrial accident before 19 August 1985 or who filed a claim for an occupational disease before that date, and who is entitled, on 31 May 1992, to receive an indemnity for temporary total disability or to benefit from a social stabilization, economic stabilization or rehabilitation benefits program established pursuant to the Workmen’s Compensation Act (chapter A-3).
This Regulation also applies, with the necessary modifications, to a rescuer or a crime victim entitled, on or after 31 May 1992, to a benefit under the Act to promote good citizenship (chapter C-20) or to the advantages provided for in the Crime Victims Compensation Act (chapter I-6), regardless of the date of the event in question.
O.C. 1738-91, s. 1.
2. In this Regulation, unless the context indicates otherwise,
“accident” or “industrial accident” means an industrial accident that occurred prior to 19 August 1985; (accident ou accident du travail)
“aggravation” means a recurrence, a relapse, or an aggravation that occurred prior to 19 August 1985; (aggravation)
“occupational disease” means an occupation disease for which a claim was filed prior to 19 August 1985; (maladie professionnelle)
“year” means a period of 12 months beginning on 1 June and ending on 31 May. (année)
For the purposes of sections 10 and 19, the Commission shall apply the minimum wage mentioned in section 3 of the Regulation respecting labour standards (chapter N-1.1, r. 3) and the regular work week mentioned in section 52 of the Act respecting labour standards (chapter N-1.1) and its regulations.
O.C. 1738-91, s. 2.
DIVISION 2
ELIGIBILITY
3. A worker is entitled to benefit from financial assistance in respect of social stabilization if, as a result of an accident, an occupation disease or an aggravation, he is unable to carry on his usual employment and has difficulty adapting to other appropriate and remunerated employment.
O.C. 1738-91, s. 3.
4. A worker is entitled to benefit from financial assistance in respect of economic stabilization if he:
(1)  is unable, as a result of an accident, an occupation disease or an aggravation, to carry on his usual employment;
(2)  carries on other full-time or part-time employment;
(3)  derives from the other employment an income that is less than the income that he derived from the employment that he became unable to carry on as a result of an accident or an occupational disease or, in the case of an aggravation, that is less than the income used as the basis for computing his indemnity for permanent disability, where that is the case, or otherwise, as the basis for computing his indemnity for temporary disability; and
(4)  does not receive an indemnity for temporary total disability.
For the purpose of making the comparison referred to in subparagraph 3, the income that a worker derived from the employment that he became unable to carry on shall be revalorized each year in accordance with sections 10 to 14.
O.C. 1738-91, s. 4.
5. For the purposes of subparagraph 2 of section 4, other employment is employment that must:
(1)  last, in all likelihood, as many weeks as the number of weeks in the prescribed period, where the worker is accepted for the program for the first time or where he is again accepted after ceasing to benefit from it for more than one year; or
(2)  have lasted at least as many weeks as the number of weeks in the prescribed period during the 12 months preceding the date on which he was accepted for the program, where the worker benefited from the program during those 12 months.
Notwithstanding the foregoing, where a worker referred to in subparagraph 1 began carrying on other employment when there were fewer weeks remaining, before 31 May of a year, than the number of weeks in the prescribed period, and where that worker continued to carry on that employment after 1 June following that date, he is entitled to benefit from financial assistance in respect of economic stabilization for the current year.
O.C. 1738-91, s. 5.
6. For the purposes of section 5, the prescribed period is the number of weeks indicated in Table 1 of the Schedule to the Unemployment Insurance Act (R.S.C. 1985, c. U-1), as the Table reads on 1 June 1992, according to the regional rate of unemployment for the region in which the worker’s domicile is located.
That rate is the average of the seasonally adjusted monthly rates of unemployment for the most recent 3-month period for which statistics have been produced by Statistics Canada prior to the date on which the worker was accepted for the program.
For the purposes of the first paragraph, a region means a region determined according to Schedule II to the Unemployment Insurance Regulations (C.R.C., 1978, c. 1576), as it reads on 1 June 1992.
O.C. 1738-91, s. 6.
7. A worker permanently loses the right to be accepted for economic stabilization if the result of the computation made to determine the amount of financial assistance to which he was entitled for a year is 0, unless he is later attributed a new percentage of permanent disability under the Workmen’s Compensation Act (chapter A-3).
O.C. 1738-91, s. 7.
DIVISION 3
COMPUTATION OF FINANCIAL ASSISTANCE
§ 1.  — Social stabilization
8. The annual amount of financial assistance to which a worker is entitled in respect of social stabilization is the result of the following calculations:
(1)  determining an amount according to the following formula:
_ _ _ _
| the sum of all | | |
1 – | percentages | | |
| of permanent | | |
| disability | × | 90% of net income |;
| attributed to | | |
|_the worker _| |_ _|
and
(2)  reducing that amount by any amount to which the worker is entitled under the Employment Insurance Act (S.C. 1996, c. 23) and by the disability pension to which he is entitled under the Act respecting the Québec Pension Plan (chapter R-9).
O.C. 1738-91, s. 8.
9. For the purposes of paragraph 1 of section 8, the net income of a worker is equal to the gross income established according to the Workmen’s Compensation Act (chapter A-3) and used as the basis for computing the indemnity for the most recent disability resulting from the accident, occupational disease or aggravation consecutive to the accident or disease for which the worker is entitled to social stabilization, up to the maximum yearly insurable earnings for the calendar year during which he earned the gross income, except in the case of aggravation, where the maximum yearly insurable earnings are the earnings for the calendar year of the aggravation.
The gross income is revalorized in accordance with sections 10 to 14, less the amount of the deductions weighted by income bracket that the Commission determines in relation to the family situation of the worker to take account of:
(1)  income tax payable under the Taxation Act (chapter I-3) and the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));
(2)  employee’s premiums payable under the Employment Insurance Act (S.C. 1996, c. 23);
(3)  contributions payable by the worker under the Act respecting the Québec Pension Plan (chapter R-9); and
(4)  premiums payable by the worker under the Act respecting parental insurance (chapter A-29.011).
The Commission shall apply with the necessary modifications the table of income replacement indemnities prescribed in section 63 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001) that is in force on 1 June of the year for which it establishes the net income of the worker, but shall give consideration to the family situation of that worker established by the Commission at the time of the event for which the most recent determination of disability was carried out.
Where the gross income of a worker falls between 2 incomes brackets, the income taken into consideration is that of the higher bracket.
O.C. 1738-91, s. 9; O.C. 93-2007, s. 1.
10. The gross income of a worker is revalorized on 1 June of each year following the beginning of the most recent period of total temporary disability for which he was granted an indemnity under the Workmen’s Compensation Act (chapter A-3), by multiplying the gross income by the ratio of the Consumer Price Index for the current year to that for the preceding year.
Notwithstanding the foregoing, that gross income must not be revalorized prior to 1 June 1986.
For the years 1986 to 1991, the rates of revalorization are 4%, 4.1%, 4.4%, 4.1%, 4.8%, and 4.8% respectively.
The gross income thus revalorized must not be:
(1)  less than the annual income determined on the basis of the minimum wage and the regular work week in force on 1 June of the year for which the computation is made for the first time; or
(2)  greater than the maximum yearly insurable earnings established in accordance with section 66 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001) and in force on 1 June of the year for which the computation is made.
O.C. 1738-91, s. 10.
11. The Consumer Price Index for a year is the yearly average computed on the basis of the monthly Consumer Price Indexes for Canada established by Statistics Canada for the 12 months preceding 1 November of the year preceding the year for which the Index is calculated.
If, on 1 December of a year, the data furnished by Statistics Canada are incomplete, the Commission may use the data then available to establish the Consumer Price Index.
If Statistics Canada uses a new method to compute the monthly Consumer Price Index by modifying the time basis or the content basis in question and if that modification entails a variation of more than 1% in the yearly average, the monthly indexes used to establish the yearly average for each of the years affected by the change of method shall be adjusted by the Commission in such a way as to take into account the data according to the method used by Statistics Canada on 19 August 1985.
O.C. 1738-91, s. 11.
12. If the yearly average computed on the basis of the monthly Consumer Price Indexes contains more than one decimal, only the first is retained and it is increased by one numeral if the second is greater that the figure 4.
O.C. 1738-91, s. 12.
13. If the ratio of the Consumer Price Index for the current year to that for the preceding year contains more than 3 decimals, only the first 3 decimals are retained and the third is increased by one numeral if the fourth is greater than the figure 4.
O.C. 1738-91, s. 13.
14. The amount obtained by revalorizing is rounded off to the nearest dollar.
O.C. 1738-91, s. 14.
§ 2.  — Economic stabilization
15. The annual amount of financial assistance to which a worker is entitled in respect of economic stabilization is the result of the following calculations:
(1)  determining an amount according to the following formula:
_ _ _ _
| the percentage | | |
| of permanent | | |
| disability | | |
| resulting from | | |
| the accident, | | |
1 – | occupational | | |
| disease or | | |
| aggravation | | |
| consecutive to | × | 90% of net income |;
| that accident or | | |
| illness, for | | |
| which the | | |
| worker is | | |
| accepted for | | |
| economic | | |
|_stabilization _| |_ _|
and
(2)  reducing that amount by the net income that the worker derives annually from the employment that he carries on during the year for which the computation is made, established in accordance with sections 17 to 19.
O.C. 1738-91, s. 15.
16. For the purposes of paragraph 1 of section 15, the net income of a worker is established in accordance with sections 9 to 14.
Notwithstanding the foregoing, that income is established using the gross income determined according to the Workmen’s Compensation Act (chapter A-3) and used as the basis for computing the indemnity for the most recent disability resulting from the accident, occupational disease or aggravation consecutive to the accident or occupational disease for which the worker is entitled to economic stabilization, up to the maximum yearly insurable earnings for the calendar year during which he earned the gross income, except in the case of aggravation, where the maximum yearly insurable earnings are the earnings for the calendar year of the aggravation.
O.C. 1738-91, s. 16.
17. The net income derived annually by a worker from the employment that he carries on during the year for which the computation is made is equal to his gross income less the amount of the deductions weighted by income bracket established by the Commission in relation to the family situation of the worker to take account of:
(1)  income tax payable under the Taxation Act (chapter I-3) and the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.));
(2)  employee’s premiums payable under the Employment Insurance Act (S.C. 1996, c. 23);
(3)  contributions payable by the worker under the Act respecting the Québec Pension Plan (chapter R-9); and
(4)  premiums payable by the worker under the Act respecting parental insurance (chapter A-29.011).
The Commission shall apply with the necessary modifications the table of income replacement indemnities prescribed in section 63 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001) that is in force on 1 June of the year for which it establishes the net income of the worker, but shall give consideration to the family situation of the worker established by the Commission at the time of the event for which the most recent determination of disability was carried out.
The Commission shall fix at 100% the retained gross income appearing in that table and applicable to the worker.
Where the gross income of a worker falls between 2 income brackets, the income taken into consideration is that of the higher bracket.
O.C. 1738-91, s. 17; O.C. 93-2007, s. 2.
18. The gross income that a worker derives annually from the employment that he carries on during the year for which the computation is made is determined on the basis of the gross income set forth in his contract of employment, to which are added the bonuses, premiums, gratuities, commissions, supplements for overtime, leaves if their cash value is not already included, profit sharing and the cash value of the personal use of an automobile or of a dwelling furnished by the employer.
Notwithstanding the foregoing, in the case of:
(1)  employment of fixed duration lasting less than 12 months, the gross income shall be increased for any period of the year, excluding 2 weeks, during which the worker does not carry on that employment, by 60% of the gross income that he would have derived from that employment had he carried it on during the period;
(2)  employment that is seasonal, cyclical or on an on-call basis, the gross income is the income that the worker derived from the employment during the 12 months preceding the year for which the computation is made, and increased, for any period of the year, excluding 2 weeks, during which the worker did not carry on that employment, by 60% of the gross income that he would have derived from that employment had he carried it on during the period; where he is carrying on that employment for the first time, the gross income is the gross income that a worker in the same class derives from similar employment with the same employer or in the same region.
O.C. 1738-91, s. 18.
19. The gross income referred to in section 18 must not be less than:
(1)  the annual income determined on the basis of the minimum wage and the regular workweek that are in force on 1 June of the year for which the computation is made, unless the worker is carrying on part-time employment and was carrying on part-time employment at the time of the accident, occupational disease or aggravation, or is unable medically to carry on full-time employment;
(2)  the gross income that the worker derived from employment referred to in subparagraph 2 of section 4, and that was used as the basis for computing the financial assistance to which he was formerly entitled, unless he has since been attributed a new percentage of permanent disability subsequent to a new event mentioned in the Act to promote good citizenship (chapter C-20) or the Crime Victims Compensation Act (chapter I-6).
O.C. 1738-91, s. 19.
DIVISION 4
DURATION AND PAYMENT OF FINANCIAL ASSISTANCE
20. Every year, the Commission shall determine, for a period not extending past 31 May, eligibility for financial assistance and the amount of that assistance, except eligibility for social stabilization, which it shall determine once only.
O.C. 1738-91, s. 20.
21. The right to benefit from financial assistance is extinguished on the last day of the month during which the worker dies or reaches the age of 65.
In matters of economic stabilization, the right to benefit from financial assistance is extinguished on 31 May of the year during which the worker ceases to meet a requirement of section 4, unless he ceases to carry on his employment following a resignation without valid reason, in which case the right is extinguished on that date.
O.C. 1738-91, s. 21.
22. Without limiting the generality of the provisions of subsection 3 of section 63 of the Workmen’s Compensation Act (chapter A-3), the Commission may reconsider its decision in matters of financial assistance:
(1)  for the purpose of applying sections 21, 28 and 30;
(2)  to take into account an executory decision or judgment that bears on the right to financial assistance or the amount thereof;
(3)  where it takes cognizance that a worker has obtained financial assistance in bad faith;
(4)  to accept or reaccept for economic stabilization a worker who meets the eligibility requirements in the course of a year.
O.C. 1738-91, s. 22.
23. Financial assistance is paid to a worker once per month.
O.C. 1738-91, s. 23.
24. The Commission shall continue to pay the financial assistance, in the form of an advance, that a worker receives on 31 May of a year as long as it has not rendered the decision referred to in section 20; that decision takes effect on 1 June of the year for which it is rendered.
Where the amount of the advance is greater than the amount of the financial assistance to which a worker is entitled for the same period, the worker shall reimburse to the Commission any overpayment that he receives.
O.C. 1738-91, s. 24.
25. A worker shall notify the Commission without delay where he ceases to carry on employment.
O.C. 1738-91, s. 25.
26. The Commission may suspend payment of financial assistance where a worker refuses or neglects to provide information required of him by the Commission.
It may pay financial assistance retroactively to the date on which it suspended payment where the grounds that justified such suspension no longer exist.
O.C. 1738-91, s. 26.
DIVISION 5
SPECIAL PROVISIONS APPLICABLE TO A BENEFICIARY WHO IS A VICTIM OF A NEW EVENT
27. A worker who is the victim of an employment injury within the meaning of the Act respecting industrial accidents and occupational diseases (chapter A-3.001) while he is entitled to financial assistance in respect of economic stabilization under this Regulation remains eligible for that assistance until 31 May following the date on which his right to an income replacement indemnity resulting from that injury is extinguished.
For the purpose of computing the amount of financial assistance to which he is entitled, the worker is deemed to be carrying on the employment in respect of which he was accepted for economic stabilization at the time of the injury.
O.C. 1738-91, s. 27.
28. Where a worker sustains an injury within the meaning of the Act to promote good citizenship (chapter C-20) or is a crime victim within the meaning of the Crime Victims Compensation Act (chapter I-6) while he is entitled to financial assistance in respect of social stabilization under this Regulation, the amount of the assistance shall be reduced by the amount of the indemnity for total temporary disability that he is receiving under the Workmen’s Compensation Act (chapter A-3) as a result of that injury or crime.
Where the worker is attributed a new percentage of total disability because of that injury or crime, the amount of his financial assistance in respect of social stabilization is again computed in accordance with this Regulation.
O.C. 1738-91, s. 28.
29. A worker who sustains an injury within the meaning of the Act to promote good citizenship (chapter C-20) or who is a crime victim within the meaning of the Crime Victims Compensation Act (chapter I-6) while he is entitled to financial assistance in respect of economic stabilization under this Regulation, remains eligible for that assistance until 31 May following the date on which his right to an indemnity for total temporary disability resulting from that crime or injury is extinguished.
For the purpose of computing the amount of financial assistance to which he is entitled, the worker is deemed to be carrying on the employment in respect of which he was accepted for economic stabilization when he sustained the injury or was a crime victim.
O.C. 1738-91, s. 29.
30. A beneficiary of the Act to promote good citizenship (chapter C-20) or of the Crime Victims Compensation Act (chapter I-6) who sustains an aggravation while he is entitled to financial assistance in respect of social stabilization or economic stabilization is not entitled to continue to benefit from that financial assistance as long as he is receiving an indemnity for total temporary disability under the Workmen’s Compensation Act (chapter A-3) as a result of that aggravation.
When the beneficiary ceases to be entitled to that indemnity, he is again entitled to benefit from, as the case may be:
(1)  financial assistance in respect of social stabilization under this Regulation;
(2)  financial assistance in respect of economic stabilization under this Regulation, until 31 May of the current year, whether or not he carries on employment.
O.C. 1738-91, s. 30.
DIVISION 6
FINAL AND TRANSITIONAL
31. This Regulation replaces the social stabilization program and the economic stabilization program established by the Commission under sections 56 and 56.1 of the Workmen’s Compensation Act (chapter A-3) and in force since 20 October 1982, as well as any of the Commission’s policies, directions, resolutions or standards that have the same purpose and that preceded those programs.
O.C. 1738-91, s. 31.
32. A worker who is entitled to benefit from a social stabilization program on 31 May 1992 is deemed eligible for financial assistance in matters of social stabilization under this Regulation.
The worker is entitled to receive the greater of:
(1)  the amount of financial assistance determined under sections 8 to 14; and
(2)  the amount of financial assistance that he is entitled to receive under a social stabilization program on 31 May 1992.
O.C. 1738-91, s. 32.
33. A worker permanently loses his right to benefit from the application of section 32 when the greater amount of financial assistance to which he is entitled for a year is the amount determined under sections 8 to 14.
O.C. 1738-91, s. 33.
34. A worker who is entitled to benefit from an economic stabilization program on 31 May 1992 is deemed eligible for financial assistance in respect of economic stabilization under this Regulation on 1 June 1992 and, to the extent that he carries on employment, on 1 June of every subsequent year.
Notwithstanding the foregoing, if that worker does not carry on employment on 1 June of a year as a result of an employment injury within the meaning of the Act respecting industrial accidents and occupational diseases (chapter A-3.001), he is deemed to carry on the employment for which he benefited from an economic stabilization program at the time of that injury, until 31 May following the date on which his right to an income replacement indemnity resulting from that injury is extinguished.
A worker who carries on seasonal or cyclical employment during a year is deemed to carry on that employment on the following 1 June if on that date he is eligible for employment insurance benefits as a result of having ceased that employment.
O.C. 1738-91, s. 34.
35. A worker referred to in section 34 is entitled to receive the greater of:
(1)  the amount of financial assistance determined under sections 15 to 19; and
(2)  the amount of financial assistance that he is entitled to receive under an economic stabilization program on 31 May 1992.
Notwithstanding the foregoing, that amount must not be greater than the difference between the maximum yearly insurable earnings in force on 1 June of the year for which the computation is made and the gross income that the worker derives from the employment that he carries on during the year.
O.C. 1738-91, s. 35.
36. A worker permanently loses his right to benefit from the application of sections 34 and 35 where:
(1)  the greater amount of financial assistance to which he is entitled for a year is the amount determined under sections 15 to 19; or
(2)  he does not carry on employment or is not deemed to carry on employment on 1 June of a year.
O.C. 1738-91, s. 36.
37. (Omitted).
O.C. 1738-91, s. 37.
REFERENCES
O.C. 1738-91, 1991 G.O. 2, 5020
O.C. 93-2007, 2007 G.O. 2, 1031