A-3.001 - Act respecting industrial accidents and occupational diseases

Section 348 Disposition versions

2007-01-01

348. An employer who is personally liable for the payment of benefits may apply to the Commission to cease to be governed by this chapter and to be subject to Chapter IX.

If the Commission accepts an employer’s application under the first paragraph, it may charge to the fund the obligations of the employer relating to industrial accidents having occurred or occupational diseases reported before the change of status, on the remittance, by the employer, the employer’s insurer or the surety or warrantor, of a reserve to pay the benefits for the industrial accidents and occupational diseases as well as the assessment referred to in section 343.

An employer who chooses not to remit such a reserve remains personally liable for the payment of benefits due in relation to industrial accidents having occurred or occupational diseases reported before the change of status, and must make a contract in accordance with section 334 or file with the Commission an irrevocable letter of credit in accordance with section 334.1 to cover, in case of default on the employer’s part, the payment of benefits for the industrial accidents and occupational diseases as well as the assessment referred to in section 343.

An employer who becomes subject to Chapter IX under section 336 or who fails to make a contract or file with the Commission an irrevocable letter of credit in accordance with the third paragraph, the employer’s insurer, or the surety or warrantor must, at the request of the Commission, remit a reserve in the amount established by the Commission so that the obligations of the employer relating to industrial accidents having occurred or occupational diseases reported before the change of status and the assessment referred to in section 343 will be charged to the fund.

For the purposes of payment, the computation of interest, the due date and any contestation, the request referred to in the fourth paragraph constitutes a notice of assessment.

1985, c. 6, s. 348; 2002, c. 76, s. 32; 2006, c. 53, s. 25.

2003-01-01

348. An employer who is personally liable for the payment of benefits may apply to the Commission to cease to be governed by this chapter and to be subject to Chapter IX.

The Commission, if it accepts an employer’s application pursuant to the first paragraph, or where an employer becomes governed by Chapter IX pursuant to section 336, may charge to the fund the obligations of the employer relating to employment injuries that occurred before his change of status, on the remittance, by the employer, his insurer or the surety or warrantor, as the case may be, of a reserve established to pay for the benefits owing for each of those injuries.

1985, c. 6, s. 348; 2002, c. 76, s. 32.

1985-08-19

348. An employer who is personally liable for the payment of benefits may apply to the Commission to cease to be governed by this chapter and to be subject to Chapter IX.

The Commission, if it accepts an employer’s application pursuant to the first paragraph, or where an employer becomes governed by Chapter IX pursuant to section 336, may charge to its assets the obligations of the employer relating to employment injuries that occurred before his change of status, on the remittance, by the employer, his insurer or the surety or warrantor, as the case may be, of a reserve established to pay for the benefits owing for each of those injuries.

1985, c. 6, s. 348.