A-3.001 - Act respecting industrial accidents and occupational diseases

Section 454 Disposition versions

2022-10-06

454. The Commission may make regulations

(1)  determining, for the purposes of section 28.1, the eligibility criteria for claims for a disease for which the diagnosis is a hearing impairment caused by noise;

(2)  determining the cases in which a student is considered a worker;

(2.1)  determining, for the purposes of section 160, the standards and tables of personal home assistance and providing for the method of annual reevaluation of the sums of money fixed therein;

(3)  prescribing a table of compensation for bodily injury including a table for anatomicophysiological deficits, a table for disfigurements and a table for suffering or loss of enjoyment of life and determining the criteria for and modalities of application of the table of compensation for bodily injury, for the purposes of computing compensation;

(3.0.1)  determining the rehabilitation measures that may be granted in addition to those provided for in Chapter IV;

(3.0.2)  determining, for the purposes of Chapter IV, the cases in which and conditions on which rehabilitation measures may be granted;

(3.0.3)  determining the rules applicable with respect to the options offered to employers under sections 145.5 and 167.2;

(3.1)  determining the care, treatment, technical aid and costs forming part of the medical aid referred to in paragraph 5 of section 189 and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4)  determining, according to the classes of establishments and of construction sites it designates, the cases in which the employer or on a construction site, the principal contractor within the meaning of the Act respecting occupational health and safety (chapter S-2.1) shall maintain a first‐aid service and an emergency medical service at his expense, the cases in which he shall furnish premises for such purpose, the staff and equipment such service must include and the content of the first aid or emergency medical register;

(4.1)  determining, subject to the second paragraph of section 198.1, the cost of the purchase, adjustment, repair and replacement of a prosthesis or orthesis referred to in the said section and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4.2)  determining the framework within which section 284.2 is to apply for the purposes of the agreements provided for therein;

(4.3)  prescribing, for the purposes of section 290, the standards applicable to the notice that an employer who begins operating must give to the Commission;

(4.4)  determining, for the purposes of section 291, the other information the employer must declare to the Commission, and prescribing standards applicable to the declaration of gross wages and other information;

(4.5)  determining, for the purposes of section 296, the registers and records an employer must keep and the supporting documents the employer must retain as well as standards relating to the keeping and retention of such registers, records and supporting documents;

(5)  determining, for the purposes of section 297, units of classification and the sectors under which they are grouped;

(5.1)  determining, for the purposes of section 298, the rules for classification of employers into units;

(6)  fixing, for the purposes of section 304, the rate of assessment applicable to each unit of classification;

(7)  prescribing the requirements that must be met by an employer to qualify for a personalized rate, and the elements that must be taken into account and the method to be followed in establishing such rate;

(8)  determining, for the purposes of fixing the personalized rate, the experience ratios of the units of classification;

(8.1)  increasing the rates of assessment applicable to employers belonging to a sector of activity for which a joint sector‐based association has been established under the Act respecting occupational health and safety, to defray the cost of the subsidy granted to the association if the cost is not included in the rates fixed under section 304;

(8.2)  determining, for the purposes of section 313, the amount the Commission may impose on employers for the management of their records;

(9)  prescribing the requirements that must be met by an employer to qualify for a retrospective adjustment of his assessment, the elements that must be taken into account and the method to be followed in establishing such adjustment and, without limiting the foregoing, providing, for the purposes of the retrospective adjustment, for the assumption by the employer of the cost of benefits, and prescribing the limits he may choose with respect to such an assumption, the conditions and the terms under which such an election may be made and the cases where the limit applicable is the limit determined by regulation;

(10)  determining the insurance premiums necessary for the final retrospective adjustment of the annual assessment;

(11)  fixing the maximum amount which the retrospectively adjusted assessment of the employer cannot exceed;

(12)  (subparagraph repealed);

(12.1)  defining the transactions referred to in section 314.3 and prescribing the cases, terms and conditions for the determination of the experience of the employer involved in such a transaction and prescribing special assessment procedures applicable to the employer;

(12.2)  determining the standards according to which the employer involved in a transaction referred to in section 314.3 is to inform the Commission;

(12.2.1)  prescribing, for the purposes of section 315, standards applicable to the payment of the assessment by the employer;

(12.2.2)  determining, for the purposes of section 315.1, standards applicable to the periodic payments the employer must make to the Minister of Revenue and the categories of employers who must make such payments;

(12.3)  determining the circumstances in which, time within which and conditions subject to which the Commission may re-determine the classification, the imputation of the cost of benefits and the assessment, penalty and interest payable by an employer, at a higher or lower level, as well as the standards applicable to the re-determination;

(12.4)  determining the cases in which and the conditions subject to which two or more employers may apply to form a group for the establishment of personalized rates and prescribing special procedures for calculating their rates;

(13)  determining in what cases and on what conditions several employers may request to be considered one and the same employer for the purposes of the retrospective assessment adjustment and prescribing special procedures for the calculation of the adjustment;

(14)  prescribing, for the purposes of sections 60, 90, 135, 261 and 364, the rules for determining the rate of interest;

(15)  determining, for the purposes of section 323, in what cases and subject to what terms and conditions the Commission or the employer is required to pay interest, the rules for the determination of the applicable rates of interest and the terms and conditions of payment of the interest. The regulation may provide for the capitalization of the interest;

(15.1)  determining, for the purposes of section 328, the groups of units to which the Commission may impute the cost of the benefits payable by reason of a hearing impairment caused by noise not resulting from an industrial accident;

(16)  determining, for the purposes of section 343, percentages for fixing the assessment of employers who are personally liable for the payment of benefits, determining the situations to which the percentages apply and providing for any minimum assessment;

(17)  determining any professional within the meaning of the Professional Code (chapter C-26) who may act as a health professional for the purposes of this Act.

In exercising its regulatory powers under subparagraphs 4.2 to 13, 15 and 16 of the first paragraph, the Commission may prescribe standards that differ according to the categories of employers it determines.

In exercising the regulatory powers provided for in subparagraphs 7, 9, 12.1, 12.4 and 13 of the first paragraph, the Commission may prescribe that certain elements which are necessary to establish the personalized rate, the retrospective adjustment or the experience of an employer will be determined after actuarial valuation, in the cases or in the circumstances prescribed by regulation.

In addition, the Commission may, in exercising the regulatory powers provided for in subparagraphs 7 and 9 of the first paragraph, provide for rules to ensure an equitable apportionment of the assessment among the employers subject to a method for fixing the assessment or among employers subject to the different methods for fixing the assessment.

Where the Commission determines a professional under subparagraph 17 of the first paragraph, it may adapt the rules and standards set out in this Act concerning the roles and responsibilities of that professional, or exclude some of those rules and standards.

1985, c. 6, s. 454; 1989, c. 74, s. 11; 1992, c. 11, s. 44; 1993, c. 5, s. 21; 1996, c. 70, s. 44; 1999, c. 40, s. 4; 2006, c. 53, s. 27; 2009, c. 19, s. 27; 2020, c. 6, s. 11; 2021, c. 27, s. 109.

2021-10-06

454. The Commission may make regulations

(1)  determining, for the purposes of section 28.1, the eligibility criteria for claims for a disease for which the diagnosis is a hearing impairment caused by noise;

(2)  determining the cases in which a student is considered a worker;

(2.1)  determining, for the purposes of section 160, the standards and tables of personal home assistance and providing for the method of annual reevaluation of the sums of money fixed therein;

(3)  prescribing a table of compensation for bodily injury including a table for anatomicophysiological deficits, a table for disfigurements and a table for suffering or loss of enjoyment of life and determining the criteria for and modalities of application of the table of compensation for bodily injury, for the purposes of computing compensation;

(3.1)  determining the care, treatment, technical aid and costs forming part of the medical aid referred to in paragraph 5 of section 189 and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4)  determining, according to the classes of establishments and of construction sites it designates, the cases in which the employer or on a construction site, the principal contractor within the meaning of the Act respecting occupational health and safety (chapter S-2.1) shall maintain a first‐aid service and an emergency medical service at his expense, the cases in which he shall furnish premises for such purpose, the staff and equipment such service must include and the content of the first aid or emergency medical register;

(4.1)  determining, subject to the second paragraph of section 198.1, the cost of the purchase, adjustment, repair and replacement of a prosthesis or orthesis referred to in the said section and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4.2)  determining the framework within which section 284.2 is to apply for the purposes of the agreements provided for therein;

(4.3)  prescribing, for the purposes of section 290, the standards applicable to the notice that an employer who begins operating must give to the Commission;

(4.4)  determining, for the purposes of section 291, the other information the employer must declare to the Commission, and prescribing standards applicable to the declaration of gross wages and other information;

(4.5)  determining, for the purposes of section 296, the registers and records an employer must keep and the supporting documents the employer must retain as well as standards relating to the keeping and retention of such registers, records and supporting documents;

(5)  determining, for the purposes of section 297, units of classification and the sectors under which they are grouped;

(5.1)  determining, for the purposes of section 298, the rules for classification of employers into units;

(6)  fixing, for the purposes of section 304, the rate of assessment applicable to each unit of classification;

(7)  prescribing the requirements that must be met by an employer to qualify for a personalized rate, and the elements that must be taken into account and the method to be followed in establishing such rate;

(8)  determining, for the purposes of fixing the personalized rate, the experience ratios of the units of classification;

(8.1)  increasing the rates of assessment applicable to employers belonging to a sector of activity for which a joint sector‐based association has been established under the Act respecting occupational health and safety, to defray the cost of the subsidy granted to the association if the cost is not included in the rates fixed under section 304;

(8.2)  determining, for the purposes of section 313, the amount the Commission may impose on employers for the management of their records;

(9)  prescribing the requirements that must be met by an employer to qualify for a retrospective adjustment of his assessment, the elements that must be taken into account and the method to be followed in establishing such adjustment and, without limiting the foregoing, providing, for the purposes of the retrospective adjustment, for the assumption by the employer of the cost of benefits, and prescribing the limits he may choose with respect to such an assumption, the conditions and the terms under which such an election may be made and the cases where the limit applicable is the limit determined by regulation;

(10)  determining the insurance premiums necessary for the final retrospective adjustment of the annual assessment;

(11)  fixing the maximum amount which the retrospectively adjusted assessment of the employer cannot exceed;

(12)  (subparagraph repealed);

(12.1)  defining the transactions referred to in section 314.3 and prescribing the cases, terms and conditions for the determination of the experience of the employer involved in such a transaction and prescribing special assessment procedures applicable to the employer;

(12.2)  determining the standards according to which the employer involved in a transaction referred to in section 314.3 is to inform the Commission;

(12.2.1)  prescribing, for the purposes of section 315, standards applicable to the payment of the assessment by the employer;

(12.2.2)  determining, for the purposes of section 315.1, standards applicable to the periodic payments the employer must make to the Minister of Revenue and the categories of employers who must make such payments;

(12.3)  determining the circumstances in which, time within which and conditions subject to which the Commission may re-determine the classification, the imputation of the cost of benefits and the assessment, penalty and interest payable by an employer, at a higher or lower level, as well as the standards applicable to the re-determination;

(12.4)  determining the cases in which and the conditions subject to which two or more employers may apply to form a group for the establishment of personalized rates and prescribing special procedures for calculating their rates;

(13)  determining in what cases and on what conditions several employers may request to be considered one and the same employer for the purposes of the retrospective assessment adjustment and prescribing special procedures for the calculation of the adjustment;

(14)  prescribing, for the purposes of sections 60, 90, 135, 261 and 364, the rules for determining the rate of interest;

(15)  determining, for the purposes of section 323, in what cases and subject to what terms and conditions the Commission or the employer is required to pay interest, the rules for the determination of the applicable rates of interest and the terms and conditions of payment of the interest. The regulation may provide for the capitalization of the interest;

(15.1)  determining, for the purposes of section 328, the groups of units to which the Commission may impute the cost of the benefits payable by reason of a hearing impairment caused by noise not resulting from an industrial accident;

(16)  determining, for the purposes of section 343, percentages for fixing the assessment of employers who are personally liable for the payment of benefits, determining the situations to which the percentages apply and providing for any minimum assessment;

(17)  determining any professional within the meaning of the Professional Code (chapter C-26) who may act as a health professional for the purposes of this Act.

In exercising its regulatory powers under subparagraphs 4.2 to 13, 15 and 16 of the first paragraph, the Commission may prescribe standards that differ according to the categories of employers it determines.

In exercising the regulatory powers provided for in subparagraphs 7, 9, 12.1, 12.4 and 13 of the first paragraph, the Commission may prescribe that certain elements which are necessary to establish the personalized rate, the retrospective adjustment or the experience of an employer will be determined after actuarial valuation, in the cases or in the circumstances prescribed by regulation.

In addition, the Commission may, in exercising the regulatory powers provided for in subparagraphs 7 and 9 of the first paragraph, provide for rules to ensure an equitable apportionment of the assessment among the employers subject to a method for fixing the assessment or among employers subject to the different methods for fixing the assessment.

Where the Commission determines a professional under subparagraph 17 of the first paragraph, it may adapt the rules and standards set out in this Act concerning the roles and responsibilities of that professional, or exclude some of those rules and standards.

1985, c. 6, s. 454; 1989, c. 74, s. 11; 1992, c. 11, s. 44; 1993, c. 5, s. 21; 1996, c. 70, s. 44; 1999, c. 40, s. 4; 2006, c. 53, s. 27; 2009, c. 19, s. 27; 2020, c. 6, s. 11; 2021, c. 27, s. 109.

2021-01-25

454. The Commission may make regulations

(1)  amending Schedule I by adding thereto any disease it recognizes as characteristic of a particular type of work or directly related to the risks peculiar to that particular type of work;

(2)  determining the cases in which a student is considered a worker;

(2.1)  determining, for the purposes of section 160, the standards and tables of personal home assistance and providing for the method of annual reevaluation of the sums of money fixed therein;

(3)  prescribing a table of compensation for bodily injury including a table for anatomicophysiological deficits, a table for disfigurements and a table for suffering or loss of enjoyment of life and determining the criteria for and modalities of application of the table of compensation for bodily injury, for the purposes of computing compensation;

(3.1)  determining the care, treatment, technical aid and costs forming part of the medical aid referred to in paragraph 5 of section 189 and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4)  determining, according to the classes of establishments and of construction sites it designates, the cases in which the employer or on a construction site, the principal contractor within the meaning of the Act respecting occupational health and safety (chapter S-2.1) shall maintain a first‐aid service and an emergency medical service at his expense, the cases in which he shall furnish premises for such purpose, the staff and equipment such service must include and the content of the first aid or emergency medical register;

(4.1)  determining, subject to the second paragraph of section 198.1, the cost of the purchase, adjustment, repair and replacement of a prosthesis or orthesis referred to in the said section and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4.2)  determining the framework within which section 284.2 is to apply for the purposes of the agreements provided for therein;

(4.3)  prescribing, for the purposes of section 290, the standards applicable to the notice that an employer who begins operating must give to the Commission;

(4.4)  determining, for the purposes of section 291, the other information the employer must declare to the Commission, and prescribing standards applicable to the declaration of gross wages and other information;

(4.5)  determining, for the purposes of section 296, the registers and records an employer must keep and the supporting documents the employer must retain as well as standards relating to the keeping and retention of such registers, records and supporting documents;

(5)  determining, for the purposes of section 297, units of classification and the sectors under which they are grouped;

(5.1)  determining, for the purposes of section 298, the rules for classification of employers into units;

(6)  fixing, for the purposes of section 304, the rate of assessment applicable to each unit of classification;

(7)  prescribing the requirements that must be met by an employer to qualify for a personalized rate, and the elements that must be taken into account and the method to be followed in establishing such rate;

(8)  determining, for the purposes of fixing the personalized rate, the experience ratios of the units of classification;

(8.1)  increasing the rates of assessment applicable to employers belonging to a sector of activity for which a joint sector‐based association has been established under the Act respecting occupational health and safety, to defray the cost of the subsidy granted to the association if the cost is not included in the rates fixed under section 304;

(9)  prescribing the requirements that must be met by an employer to qualify for a retrospective adjustment of his assessment, the elements that must be taken into account and the method to be followed in establishing such adjustment and, without limiting the foregoing, providing, for the purposes of the retrospective adjustment, for the assumption by the employer of the cost of benefits, and prescribing the limits he may choose with respect to such an assumption, the conditions and the terms under which such an election may be made and the cases where the limit applicable is the limit determined by regulation;

(10)  determining the insurance premiums necessary for the final retrospective adjustment of the annual assessment;

(11)  fixing the maximum amount which the retrospectively adjusted assessment of the employer cannot exceed;

(12)  (subparagraph repealed);

(12.1)  defining the transactions referred to in section 314.3 and prescribing the cases, terms and conditions for the determination of the experience of the employer involved in such a transaction and prescribing special assessment procedures applicable to the employer;

(12.2)  determining the standards according to which the employer involved in a transaction referred to in section 314.3 is to inform the Commission;

(12.2.1)  prescribing, for the purposes of section 315, standards applicable to the payment of the assessment by the employer;

(12.2.2)  determining, for the purposes of section 315.1, standards applicable to the periodic payments the employer must make to the Minister of Revenue and the categories of employers who must make such payments;

(12.3)  determining the circumstances in which, time within which and conditions subject to which the Commission may re-determine the classification, the imputation of the cost of benefits and the assessment, penalty and interest payable by an employer, at a higher or lower level, as well as the standards applicable to the re-determination;

(12.4)  determining the cases in which and the conditions subject to which two or more employers may apply to form a group for the establishment of personalized rates and prescribing special procedures for calculating their rates;

(13)  determining in what cases and on what conditions several employers may request to be considered one and the same employer for the purposes of the retrospective assessment adjustment and prescribing special procedures for the calculation of the adjustment;

(14)  prescribing, for the purposes of sections 60, 90, 135, 261 and 364, the rules for determining the rate of interest;

(15)  determining, for the purposes of section 323, in what cases and subject to what terms and conditions the Commission or the employer is required to pay interest, the rules for the determination of the applicable rates of interest and the terms and conditions of payment of the interest. The regulation may provide for the capitalization of the interest;

(16)  determining, for the purposes of section 343, percentages for fixing the assessment of employers who are personally liable for the payment of benefits, determining the situations to which the percentages apply and providing for any minimum assessment;

(17)  determining any professional within the meaning of the Professional Code (chapter C-26) who may act as a health professional for the purposes of this Act.

In exercising its regulatory powers under subparagraphs 4.2 to 13, 15 and 16 of the first paragraph, the Commission may prescribe standards that differ according to the categories of employers it determines.

In exercising the regulatory powers provided for in subparagraphs 7, 9, 12.1, 12.4 and 13 of the first paragraph, the Commission may prescribe that certain elements which are necessary to establish the personalized rate, the retrospective adjustment or the experience of an employer will be determined after actuarial valuation, in the cases or in the circumstances prescribed by regulation.

In addition, the Commission may, in exercising the regulatory powers provided for in subparagraphs 7 and 9 of the first paragraph, provide for rules to ensure an equitable apportionment of the assessment among the employers subject to a method for fixing the assessment or among employers subject to the different methods for fixing the assessment.

Where the Commission determines a professional under subparagraph 17 of the first paragraph, it may adapt the rules and standards set out in this Act concerning the roles and responsibilities of that professional, or exclude some of those rules and standards.

1985, c. 6, s. 454; 1989, c. 74, s. 11; 1992, c. 11, s. 44; 1993, c. 5, s. 21; 1996, c. 70, s. 44; 1999, c. 40, s. 4; 2006, c. 53, s. 27; 2009, c. 19, s. 27; 2020, c. 6, s. 11.

2011-01-01

454. The Commission may make regulations

(1)  amending Schedule I by adding thereto any disease it recognizes as characteristic of a particular type of work or directly related to the risks peculiar to that particular type of work;

(2)  determining the cases in which a student is considered a worker;

(2.1)  determining, for the purposes of section 160, the standards and tables of personal home assistance and providing for the method of annual reevaluation of the sums of money fixed therein;

(3)  prescribing a table of compensation for bodily injury including a table for anatomicophysiological deficits, a table for disfigurements and a table for suffering or loss of enjoyment of life and determining the criteria for and modalities of application of the table of compensation for bodily injury, for the purposes of computing compensation;

(3.1)  determining the care, treatment, technical aid and costs forming part of the medical aid referred to in paragraph 5 of section 189 and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4)  determining, according to the classes of establishments and of construction sites it designates, the cases in which the employer or on a construction site, the principal contractor within the meaning of the Act respecting occupational health and safety (chapter S-2.1) shall maintain a first‐aid service and an emergency medical service at his expense, the cases in which he shall furnish premises for such purpose, the staff and equipment such service must include and the content of the first aid or emergency medical register;

(4.1)  determining, subject to the second paragraph of section 198.1, the cost of the purchase, adjustment, repair and replacement of a prosthesis or orthesis referred to in the said section and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4.2)  determining the framework within which section 284.2 is to apply for the purposes of the agreements provided for therein;

(4.3)  prescribing, for the purposes of section 290, the standards applicable to the notice that an employer who begins operating must give to the Commission;

(4.4)  determining, for the purposes of section 291, the other information the employer must declare to the Commission, and prescribing standards applicable to the declaration of gross wages and other information;

(4.5)  determining, for the purposes of section 296, the registers and records an employer must keep and the supporting documents the employer must retain as well as standards relating to the keeping and retention of such registers, records and supporting documents;

(5)  determining, for the purposes of section 297, units of classification and the sectors under which they are grouped;

(5.1)  determining, for the purposes of section 298, the rules for classification of employers into units;

(6)  fixing, for the purposes of section 304, the rate of assessment applicable to each unit of classification;

(7)  prescribing the requirements that must be met by an employer to qualify for a personalized rate, and the elements that must be taken into account and the method to be followed in establishing such rate;

(8)  determining, for the purposes of fixing the personalized rate, the experience ratios of the units of classification;

(8.1)  increasing the rates of assessment applicable to employers belonging to a sector of activity for which a joint sector‐based association has been established under the Act respecting occupational health and safety, to defray the cost of the subsidy granted to the association if the cost is not included in the rates fixed under section 304;

(9)  prescribing the requirements that must be met by an employer to qualify for a retrospective adjustment of his assessment, the elements that must be taken into account and the method to be followed in establishing such adjustment and, without limiting the foregoing, providing, for the purposes of the retrospective adjustment, for the assumption by the employer of the cost of benefits, and prescribing the limits he may choose with respect to such an assumption, the conditions and the terms under which such an election may be made and the cases where the limit applicable is the limit determined by regulation;

(10)  determining the insurance premiums necessary for the final retrospective adjustment of the annual assessment;

(11)  fixing the maximum amount which the retrospectively adjusted assessment of the employer cannot exceed;

(12)  (subparagraph repealed);

(12.1)  defining the transactions referred to in section 314.3 and prescribing the cases, terms and conditions for the determination of the experience of the employer involved in such a transaction and prescribing special assessment procedures applicable to the employer;

(12.2)  determining the standards according to which the employer involved in a transaction referred to in section 314.3 is to inform the Commission;

(12.2.1)  prescribing, for the purposes of section 315, standards applicable to the payment of the assessment by the employer;

(12.2.2)  determining, for the purposes of section 315.1, standards applicable to the periodic payments the employer must make to the Minister of Revenue and the categories of employers who must make such payments;

(12.3)  determining the circumstances in which, time within which and conditions subject to which the Commission may re-determine the classification, the imputation of the cost of benefits and the assessment, penalty and interest payable by an employer, at a higher or lower level, as well as the standards applicable to the re-determination;

(12.4)  determining the cases in which and the conditions subject to which two or more employers may apply to form a group for the establishment of personalized rates and prescribing special procedures for calculating their rates;

(13)  determining in what cases and on what conditions several employers may request to be considered one and the same employer for the purposes of the retrospective assessment adjustment and prescribing special procedures for the calculation of the adjustment;

(14)  prescribing, for the purposes of sections 60, 90, 135, 261 and 364, the rules for determining the rate of interest;

(15)  determining, for the purposes of section 323, in what cases and subject to what terms and conditions the Commission or the employer is required to pay interest, the rules for the determination of the applicable rates of interest and the terms and conditions of payment of the interest. The regulation may provide for the capitalization of the interest;

(16)  determining, for the purposes of section 343, percentages for fixing the assessment of employers who are personally liable for the payment of benefits, determining the situations to which the percentages apply and providing for any minimum assessment.

In exercising its regulatory powers under subparagraphs 4.2 to 13, 15 and 16 of the first paragraph, the Commission may prescribe standards that differ according to the categories of employers it determines.

In exercising the regulatory powers provided for in subparagraphs 7, 9, 12.1, 12.4 and 13 of the first paragraph, the Commission may prescribe that certain elements which are necessary to establish the personalized rate, the retrospective adjustment or the experience of an employer will be determined after actuarial valuation, in the cases or in the circumstances prescribed by regulation.

In addition, the Commission may, in exercising the regulatory powers provided for in subparagraphs 7 and 9 of the first paragraph, provide for rules to ensure an equitable apportionment of the assessment among the employers subject to a method for fixing the assessment or among employers subject to the different methods for fixing the assessment.

1985, c. 6, s. 454; 1989, c. 74, s. 11; 1992, c. 11, s. 44; 1993, c. 5, s. 21; 1996, c. 70, s. 44; 1999, c. 40, s. 4; 2006, c. 53, s. 27; 2009, c. 19, s. 27.

2006-12-14

454. The Commission may make regulations

(1)  amending Schedule I by adding thereto any disease it recognizes as characteristic of a particular type of work or directly related to the risks peculiar to that particular type of work;

(2)  determining the cases in which a student is considered a worker;

(2.1)  determining, for the purposes of section 160, the standards and tables of personal home assistance and providing for the method of annual reevaluation of the sums of money fixed therein;

(3)  prescribing a table of compensation for bodily injury including a table for anatomicophysiological deficits, a table for disfigurements and a table for suffering or loss of enjoyment of life and determining the criteria for and modalities of application of the table of compensation for bodily injury, for the purposes of computing compensation;

(3.1)  determining the care, treatment, technical aid and costs forming part of the medical aid referred to in paragraph 5 of section 189 and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4)  determining, according to the classes of establishments and of construction sites it designates, the cases in which the employer or on a construction site, the principal contractor within the meaning of the Act respecting occupational health and safety (chapter S-2.1) shall maintain a first‐aid service and an emergency medical service at his expense, the cases in which he shall furnish premises for such purpose, the staff and equipment such service must include and the content of the first aid or emergency medical register;

(4.1)  determining, subject to the second paragraph of section 198.1, the cost of the purchase, adjustment, repair and replacement of a prosthesis or orthesis referred to in the said section and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4.2)  determining the framework within which section 284.2 is to apply for the purposes of the agreements provided for therein;

(4.3)  prescribing special standards applicable to the statements of wages required of the employer in Division II of Chapter IX. Those standards may vary according to the categories of employers the Commission determines;

(5)  determining, for the purposes of section 297, units of classification and the sectors under which they are grouped;

(5.1)  determining, for the purposes of section 298, the rules for classification of employers into units;

(6)  fixing, for the purposes of section 304, the rate of assessment applicable to each unit of classification;

(7)  prescribing the requirements that must be met by an employer to qualify for a personalized rate, and the elements that must be taken into account and the method to be followed in establishing such rate;

(8)  determining, for the purposes of fixing the personalized rate, the experience ratios of the units of classification;

(8.1)  increasing the rates of assessment applicable to employers belonging to a sector of activity for which a joint sector‐based association has been established under the Act respecting occupational health and safety, to defray the cost of the subsidy granted to the association if the cost is not included in the rates fixed under section 304;

(9)  prescribing the requirements that must be met by an employer to qualify for a retrospective adjustment of his assessment, the elements that must be taken into account and the method to be followed in establishing such adjustment and, without limiting the foregoing, providing, for the purposes of the retrospective adjustment, for the assumption by the employer of the cost of benefits, and prescribing the limits he may choose with respect to such an assumption, the conditions and the terms under which such an election may be made and the cases where the limit applicable is the limit determined by regulation;

(10)  determining the insurance premiums necessary for the final retrospective adjustment of the annual assessment;

(11)  fixing the maximum amount which the retrospectively adjusted assessment of the employer cannot exceed;

(12)  (subparagraph repealed);

(12.1)  defining the transactions referred to in section 314.3 and prescribing the cases, terms and conditions for the determination of the experience of the employer involved in such a transaction and prescribing special assessment procedures applicable to the employer;

(12.2)  determining the standards according to which the employer involved in a transaction referred to in section 314.3 is to inform the Commission;

(12.3)  determining the circumstances in which, time within which and conditions subject to which the Commission may re-determine the classification, the imputation of the cost of benefits and the assessment, penalty and interest payable by an employer, at a higher or lower level, as well as the standards applicable to the re-determination;

(12.4)  determining the cases in which and the conditions subject to which two or more employers may apply to form a group for the establishment of personalized rates and prescribing special procedures for calculating their rates;

(13)  determining in what cases and on what conditions several employers may request to be considered one and the same employer for the purposes of the retrospective assessment adjustment and prescribing special procedures for the calculation of the adjustment;

(14)  prescribing, for the purposes of sections 60, 90, 135, 261 and 364, the rules for determining the rate of interest;

(15)  determining, for the purposes of section 323, in what cases and subject to what terms and conditions the Commission or the employer is required to pay interest, the rules for the determination of the applicable rates of interest and the terms and conditions of payment of the interest. The regulation may provide for the capitalization of the interest;

(16)  determining, for the purposes of section 343, percentages for fixing the assessment of employers who are personally liable for the payment of benefits, determining the situations to which the percentages apply and providing for any minimum assessment.

In exercising its regulatory powers under subparagraphs 4.2 to 13, 15 and 16 of the first paragraph, the Commission may prescribe standards that differ according to the categories of employers it determines.

In exercising the regulatory powers provided for in subparagraphs 7, 9, 12.1, 12.4 and 13 of the first paragraph, the Commission may prescribe that certain elements which are necessary to establish the personalized rate, the retrospective adjustment or the experience of an employer will be determined after actuarial valuation, in the cases or in the circumstances prescribed by regulation.

In addition, the Commission may, in exercising the regulatory powers provided for in subparagraphs 7 and 9 of the first paragraph, provide for rules to ensure an equitable apportionment of the assessment among the employers subject to a method for fixing the assessment or among employers subject to the different methods for fixing the assessment.

1985, c. 6, s. 454; 1989, c. 74, s. 11; 1992, c. 11, s. 44; 1993, c. 5, s. 21; 1996, c. 70, s. 44; 1999, c. 40, s. 4; 2006, c. 53, s. 27.

1999-10-22

454. The Commission may make regulations

(1)  amending Schedule I by adding thereto any disease it recognizes as characteristic of a particular type of work or directly related to the risks peculiar to that particular type of work;

(2)  determining the cases in which a student is considered a worker;

(2.1)  determining, for the purposes of section 160, the standards and tables of personal home assistance and providing for the method of annual reevaluation of the sums of money fixed therein;

(3)  prescribing a table of compensation for bodily injury including a table for anatomicophysiological deficits, a table for disfigurements and a table for suffering or loss of enjoyment of life and determining the criteria for and modalities of application of the table of compensation for bodily injury, for the purposes of computing compensation;

(3.1)  determining the care, treatment, technical aid and costs forming part of the medical aid referred to in paragraph 5 of section 189 and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4)  determining, according to the classes of establishments and of construction sites it designates, the cases in which the employer or on a construction site, the principal contractor within the meaning of the Act respecting occupational health and safety (chapter S‐2.1) shall maintain a first‐aid service and an emergency medical service at his expense, the cases in which he shall furnish premises for such purpose, the staff and equipment such service must include and the content of the first aid or emergency medical register;

(4.1)  determining, subject to the second paragraph of section 198.1, the cost of the purchase, adjustment, repair and replacement of a prosthesis or orthesis referred to in the said section and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4.2)  determining the framework within which section 284.2 is to apply for the purposes of the agreements provided for therein;

(4.3)  prescribing special standards applicable to the statements of wages required of the employer in Division II of Chapter IX. Those standards may vary according to the categories of employers the Commission determines;

(5)  determining, for the purposes of section 297, units of classification and the sectors under which they are grouped;

(5.1)  determining, for the purposes of section 298, the rules for classification of employers into units; those rules may vary according to the categories of employers the Commission determines;

(6)  fixing, for the purposes of section 304, the rate of assessment applicable to each unit of classification;

(7)  prescribing the requirements that must be met by an employer to qualify for a personalized rate, and the elements that must be taken into account and the method to be followed in establishing such rate;

(8)  determining, for the purposes of fixing the personalized rate, the experience ratios of the units of classification;

(8.1)  increasing the rates of assessment applicable to employers belonging to a sector of activity for which a joint sector‐based association has been established under the Act respecting occupational health and safety, to defray the cost of the subsidy granted to the association if the cost is not included in the rates fixed under section 304;

(9)  prescribing the requirements that must be met by an employer to qualify for a retrospective adjustment of his assessment, the elements that must be taken into account and the method to be followed in establishing such adjustment and, without limiting the foregoing, providing, for the purposes of the retrospective adjustment, for the assumption by the employer of the cost of benefits, and prescribing the limits he may choose with respect to such an assumption, the conditions and the terms under which such an election may be made and the cases where the limit applicable is the limit determined by regulation;

(10)  determining the insurance premiums necessary for the final retrospective adjustment of the annual assessment;

(11)  fixing the maximum amount which the retrospectively adjusted assessment of the employer cannot exceed;

(12)  (subparagraph repealed);

(12.1)  defining the transactions referred to in section 314.3 and prescribing the cases, terms and conditions for the determination of the experience of the employer involved in such a transaction and prescribing special assessment procedures applicable to the employer;

(12.2)  determining the standards according to which the employer involved in a transaction referred to in section 314.3 is to inform the Commission;

(12.3)  determining the circumstances in which, time within which and conditions subject to which the Commission may re-determine the classification, the imputation of the cost of benefits and the assessment, penalty and interest payable by an employer, at a higher or lower level, as well as the standards applicable to the re-determination;

(12.4)  determining the cases in which and the conditions subject to which two or more employers may apply to form a group for the establishment of personalized rates and prescribing special procedures for calculating their rates. The conditions may vary according to the categories of employers the Commission determines;

(13)  determining in what cases and on what conditions several employers may request to be considered one and the same employer for the purposes of the retrospective assessment adjustment and prescribing special procedures for the calculation of the adjustment. The conditions may vary according to the categories of employers the Commission determines;

(14)  prescribing, for the purposes of sections 60, 90, 135, 261 and 364, the rules for determining the rate of interest;

(15)  determining, for the purposes of section 323, in what cases and subject to what terms and conditions the Commission or the employer is required to pay interest, the rules for the determination of the applicable rates of interest and the terms and conditions of payment of the interest. The regulation may provide for the capitalization of the interest. The standards adopted under this subparagraph may vary according to the categories of employers the Commission determines.

In exercising the regulatory powers provided for in subparagraphs 7, 9, 12.1, 12.4 and 13 of the first paragraph, the Commission may prescribe that certain elements which are necessary to establish the personalized rate, the retrospective adjustment or the experience of an employer will be determined after actuarial valuation, in the cases or in the circumstances prescribed by regulation.

In addition, the Commission may, in exercising the regulatory powers provided for in subparagraphs 7 and 9 of the first paragraph, provide for rules to ensure an equitable apportionment of the assessment among the employers subject to a method for fixing the assessment or among employers subject to the different methods for fixing the assessment.

1985, c. 6, s. 454; 1989, c. 74, s. 11; 1992, c. 11, s. 44; 1993, c. 5, s. 21; 1996, c. 70, s. 44; 1999, c. 40, s. 4.

1999-01-01

454. The Commission may make regulations

(1)  amending Schedule I by adding thereto any disease it recognizes as characteristic of a particular type of work or directly related to the risks peculiar to that particular type of work;

(2)  determining the cases in which a student is considered a worker;

(2.1)  determining, for the purposes of section 160, the standards and tables of personal home assistance and providing for the method of annual reevaluation of the sums of money fixed therein;

(3)  prescribing an impairment table including a table for anatomicophysiological deficits, a table for disfigurements and a table for suffering or loss of enjoyment of life and determining the criteria for and modalities of application of the impairment table, for the purposes of computing compensation for bodily injuries;

(3.1)  determining the care, treatment, technical aid and costs forming part of the medical aid referred to in paragraph 5 of section 189 and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4)  determining, according to the classes of establishments and of construction sites it designates, the cases in which the employer or on a construction site, the principal contractor within the meaning of the Act respecting occupational health and safety (chapter S-2.1) shall maintain a first-aid service and an emergency medical service at his expense, the cases in which he shall furnish premises for such purpose, the staff and equipment such service must include and the content of the first aid or emergency medical register;

(4.1)  determining, subject to the second paragraph of section 198.1, the cost of the purchase, adjustment, repair and replacement of a prosthesis or orthesis referred to in the said section and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4.2)  determining the framework within which section 284.2 is to apply for the purposes of the agreements provided for therein;

(4.3)  prescribing special standards applicable to the statements of wages required of the employer in Division II of Chapter IX. Those standards may vary according to the categories of employers the Commission determines;

(5)  determining, for the purposes of section 297, units of classification and the sectors under which they are grouped;

(5.1)  determining, for the purposes of section 298, the rules for classification of employers into units; those rules may vary according to the categories of employers the Commission determines;

(6)  fixing, for the purposes of section 304, the rate of assessment applicable to each unit of classification;

(7)  prescribing the requirements that must be met by an employer to qualify for a personalized rate, and the elements that must be taken into account and the method to be followed in establishing such rate;

(8)  determining, for the purposes of fixing the personalized rate, the experience ratios of the units of classification;

(8.1)  increasing the rates of assessment applicable to employers belonging to a sector of activity for which a joint sector-based association has been established under the Act respecting occupational health and safety, to defray the cost of the subsidy granted to the association if the cost is not included in the rates fixed under section 304;

(9)  prescribing the requirements that must be met by an employer to qualify for a retrospective adjustment of his assessment, the elements that must be taken into account and the method to be followed in establishing such adjustment and, without limiting the foregoing, providing, for the purposes of the retrospective adjustment, for the assumption by the employer of the cost of benefits, and prescribing the limits he may choose with respect to such an assumption, the conditions and the terms under which such an election may be made and the cases where the limit applicable is the limit determined by regulation;

(10)  determining the insurance premiums necessary for the final retrospective adjustment of the annual assessment;

(11)  fixing the maximum amount which the retrospectively adjusted assessment of the employer cannot exceed;

(12)  (subparagraph repealed);

(12.1)  defining the transactions referred to in section 314.3 and prescribing the cases, terms and conditions for the determination of the experience of the employer involved in such a transaction and prescribing special assessment procedures applicable to the employer;

(12.2)  determining the standards according to which the employer involved in a transaction referred to in section 314.3 is to inform the Commission;

(12.3)  determining the circumstances in which, time within which and conditions subject to which the Commission may re-determine the classification, the imputation of the cost of benefits and the assessment, penalty and interest payable by an employer, at a higher or lower level, as well as the standards applicable to the re-determination;

(12.4)  determining the cases in which and the conditions subject to which two or more employers may apply to form a group for the establishment of personalized rates and prescribing special procedures for calculating their rates. The conditions may vary according to the categories of employers the Commission determines;

(13)  determining in what cases and on what conditions several employers may request to be considered one and the same employer for the purposes of the retrospective assessment adjustment and prescribing special procedures for the calculation of the adjustment. The conditions may vary according to the categories of employers the Commission determines;

(14)  prescribing, for the purposes of sections 60, 90, 135, 261 and 364, the rules for determining the rate of interest;

(15)  determining, for the purposes of section 323, in what cases and subject to what terms and conditions the Commission or the employer is required to pay interest, the rules for the determination of the applicable rates of interest and the terms and conditions of payment of the interest. The regulation may provide for the capitalization of the interest. The standards adopted under this subparagraph may vary according to the categories of employers the Commission determines.

In exercising the regulatory powers provided for in subparagraphs 7, 9, 12.1, 12.4 and 13 of the first paragraph, the Commission may prescribe that certain elements which are necessary to establish the personalized rate, the retrospective adjustment or the experience of an employer will be determined after actuarial valuation, in the cases or in the circumstances prescribed by regulation.

In addition, the Commission may, in exercising the regulatory powers provided for in subparagraphs 7 and 9 of the first paragraph, provide for rules to ensure an equitable apportionment of the assessment among the employers subject to a method for fixing the assessment or among employers subject to the different methods for fixing the assessment.

1985, c. 6, s. 454; 1989, c. 74, s. 11; 1992, c. 11, s. 44; 1993, c. 5, s. 21; 1996, c. 70, s. 44.

1998-01-01

454. The Commission may make regulations

(1)  amending Schedule I by adding thereto any disease it recognizes as characteristic of a particular type of work or directly related to the risks peculiar to that particular type of work;

(2)  determining the cases in which a student is considered a worker;

(2.1)  determining, for the purposes of section 160, the standards and tables of personal home assistance and providing for the method of annual reevaluation of the sums of money fixed therein;

(3)  prescribing an impairment table including a table for anatomicophysiological deficits, a table for disfigurements and a table for suffering or loss of enjoyment of life and determining the criteria for and modalities of application of the impairment table, for the purposes of computing compensation for bodily injuries;

(3.1)  determining the care, treatment, technical aid and costs forming part of the medical aid referred to in paragraph 5 of section 189 and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4)  determining, according to the classes of establishments and of construction sites it designates, the cases in which the employer or on a construction site, the principal contractor within the meaning of the Act respecting occupational health and safety (chapter S-2.1) shall maintain a first-aid service and an emergency medical service at his expense, the cases in which he shall furnish premises for such purpose, the staff and equipment such service must include and the content of the first aid or emergency medical register;

(4.1)  determining, subject to the second paragraph of section 198.1, the cost of the purchase, adjustment, repair and replacement of a prosthesis or orthesis referred to in the said section and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4.2)  determining the framework within which section 284.2 is to apply for the purposes of the agreements provided for therein;

(4.3)  prescribing special standards applicable to the statements of wages required of the employer in Division II of Chapter IX. Those standards may vary according to the categories of employers the Commission determines;

(5)  determining, for the purposes of section 297, units of classification and the sectors under which they are grouped;

(5.1)  determining, for the purposes of section 298, the rules for classification of employers into units; those rules may vary according to the categories of employers the Commission determines;

(6)  fixing, for the purposes of section 304, the rate of assessment applicable to each unit of classification;

(7)  prescribing the requirements that must be met by an employer to qualify for a personalized rate, and the elements that must be taken into account and the method to be followed in establishing such rate;

(8)  determining, for the purposes of fixing the personalized rate, the experience ratios of the units of classification;

(8.1)  increasing the rates of assessment applicable to employers belonging to a sector of activity for which a joint sector-based association has been established under the Act respecting occupational health and safety, to defray the cost of the subsidy granted to the association if the cost is not included in the rates fixed under section 304;

(9)  prescribing the requirements that must be met by an employer to qualify for a retrospective adjustment of his assessment, the elements that must be taken into account and the method to be followed in establishing such adjustment and, without limiting the foregoing, providing, for the purposes of the retrospective adjustment, for the assumption by the employer of the cost of benefits, and prescribing the limits he may choose with respect to such an assumption, the conditions and the terms under which such an election may be made and the cases where the limit applicable is the limit determined by regulation;

(10)  determining the insurance premiums necessary for the final retrospective adjustment of the annual assessment;

(11)  fixing, according to the assessment applicable to an employer under section 305, the maximum amount which the retrospectively adjusted assessment of the employer cannot exceed;

(12)  determining the rate of the interest to be added to the retrospective adjustment of an employer’s annual assessment and prescribing the conditions and the terms under which the interest applies;

Not in force

(12.1)  defining the transactions referred to in section 314.3 and prescribing the cases, terms and conditions for the determination of the experience of the employer involved in such a transaction and prescribing special assessment procedures applicable to the employer;

Not in force

(12.2)  determining the standards according to which the employer involved in a transaction referred to in section 314.3 is to inform the Commission;

Not in force

(12.3)  determining the circumstances in which, time within which and conditions subject to which the Commission may re-determine the classification, the imputation of the cost of benefits and the assessment, penalty and interest payable by an employer, at a higher or lower level, as well as the standards applicable to the re-determination;

Not in force

(12.4)  determining the cases in which and the conditions subject to which two or more employers may apply to form a group for the establishment of personalized rates and prescribing special procedures for calculating their rates. The conditions may vary according to the categories of employers the Commission determines;

(13)  determining in what cases and on what conditions several employers may request to be considered one and the same employer for the purposes of the personalized rate or the retrospective assessment adjustment;

(14)  prescribing, for the purposes of sections 60, 90, 135, 261 and 364, the rules for determining the rate of interest;

(15)  prescribing, for the purposes of section 323, the rules for determining the rate of interest and prescribing the special rules for the purposes of the second paragraph of section 315.

In exercising the regulatory powers provided for in subparagraphs 7, 9, 12.1, 12.4 and 13 of the first paragraph, the Commission may prescribe that certain elements which are necessary to establish the personalized rate or the retrospective adjustment will be determined after actuarial valuation, in the cases or in the circumstances prescribed by regulation.

In addition, the Commission may, in exercising the regulatory powers provided for in subparagraphs 7 and 9 of the first paragraph, provide for rules to ensure an equitable apportionment of the assessment among the employers subject to a method for fixing the assessment or among employers subject to the different methods for fixing the assessment.

1985, c. 6, s. 454; 1989, c. 74, s. 11; 1992, c. 11, s. 44; 1993, c. 5, s. 21; 1996, c. 70, s. 44.

1996-12-23

454. The Commission may make regulations

(1)  amending Schedule I by adding thereto any disease it recognizes as characteristic of a particular type of work or directly related to the risks peculiar to that particular type of work;

(2)  determining the cases in which a student is considered a worker;

(2.1)  determining, for the purposes of section 160, the standards and tables of personal home assistance and providing for the method of annual reevaluation of the sums of money fixed therein;

(3)  prescribing an impairment table including a table for anatomicophysiological deficits, a table for disfigurements and a table for suffering or loss of enjoyment of life and determining the criteria for and modalities of application of the impairment table, for the purposes of computing compensation for bodily injuries;

(3.1)  determining the care, treatment, technical aid and costs forming part of the medical aid referred to in paragraph 5 of section 189 and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4)  determining, according to the classes of establishments and of construction sites it designates, the cases in which the employer or on a construction site, the principal contractor within the meaning of the Act respecting occupational health and safety (chapter S-2.1) shall maintain a first-aid service and an emergency medical service at his expense, the cases in which he shall furnish premises for such purpose, the staff and equipment such service must include and the content of the first aid or emergency medical register;

(4.1)  determining, subject to the second paragraph of section 198.1, the cost of the purchase, adjustment, repair and replacement of a prosthesis or orthesis referred to in the said section and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

In force: 1997-10-01

(4.2)  determining the framework within which section 284.2 is to apply for the purposes of the agreements provided for therein;

In force: 1998-01-01

(4.3)  prescribing special standards applicable to the statements of wages required of the employer in Division II of Chapter IX. Those standards may vary according to the categories of employers the Commission determines;

(5)  determining, for the purposes of section 297, units of economic activity and the sectors under which they are grouped;

In force: 1998-01-01

(5.1)  determining, for the purposes of section 298, the rules for classification of employers into units; those rules may vary according to the categories of employers the Commission determines;

(6)  fixing, for the purposes of section 304, the rate of assessment applicable to each unit of activity;

(7)  prescribing the requirements that must be met by an employer to qualify for a personalized rate, and the elements that must be taken into account and the method to be followed in establishing such rate;

(8)  determining, for the purposes of fixing the personalized rate, the experience ratios of the units of activity;

(8.1)  increasing the rates of assessment applicable to employers belonging to a sector of activity for which a joint sector-based association has been established under the Act respecting occupational health and safety, to defray the cost of the subsidy granted to the association if the cost is not included in the rates fixed under section 304;

(9)  prescribing the requirements that must be met by an employer to qualify for a retrospective adjustment of his assessment, the elements that must be taken into account and the method to be followed in establishing such adjustment and, without limiting the foregoing, providing, for the purposes of the retrospective adjustment, for the assumption by the employer of the cost of benefits, and prescribing the limits he may choose with respect to such an assumption, the conditions and the terms under which such an election may be made and the cases where the limit applicable is the limit determined by regulation;

(10)  determining the insurance premiums necessary for the final retrospective adjustment of the annual assessment;

(11)  fixing, according to the assessment applicable to an employer under section 305, the maximum amount which the retrospectively adjusted assessment of the employer cannot exceed;

(12)  determining the rate of the interest to be added to the retrospective adjustment of an employer’s annual assessment and prescribing the conditions and the terms under which the interest applies;

Not in force

(12.1)  defining the transactions referred to in section 314.3 and prescribing the cases, terms and conditions for the determination of the experience of the employer involved in such a transaction and prescribing special assessment procedures applicable to the employer;

Not in force

(12.2)  determining the standards according to which the employer involved in a transaction referred to in section 314.3 is to inform the Commission;

Not in force

(12.3)  determining the circumstances in which, time within which and conditions subject to which the Commission may re-determine the classification, the imputation of the cost of benefits and the assessment, penalty and interest payable by an employer, at a higher or lower level, as well as the standards applicable to the re-determination;

Not in force

(12.4)  determining the cases in which and the conditions subject to which two or more employers may apply to form a group for the establishment of personalized rates and prescribing special procedures for calculating their rates. The conditions may vary according to the categories of employers the Commission determines;

(13)  determining in what cases and on what conditions several employers may request to be considered one and the same employer for the purposes of the personalized rate or the retrospective assessment adjustment;

(14)  prescribing, for the purposes of sections 60, 90, 135, 261 and 364, the rules for determining the rate of interest;

(15)  prescribing, for the purposes of section 323, the rules for determining the rate of interest and prescribing the special rules for the purposes of the second paragraph of section 315.

In exercising the regulatory powers provided for in subparagraphs 7, 9, 12.1, 12.4 and 13 of the first paragraph, the Commission may prescribe that certain elements which are necessary to establish the personalized rate or the retrospective adjustment will be determined after actuarial valuation, in the cases or in the circumstances prescribed by regulation.

In addition, the Commission may, in exercising the regulatory powers provided for in subparagraphs 7 and 9 of the first paragraph, provide for rules to ensure an equitable apportionment of the assessment among the employers subject to a method for fixing the assessment or among employers subject to the different methods for fixing the assessment.

1985, c. 6, s. 454; 1989, c. 74, s. 11; 1992, c. 11, s. 44; 1993, c. 5, s. 21; 1996, c. 70, s. 44.

1994-01-01

454. The Commission may make regulations

(1)  amending Schedule I by adding thereto any disease it recognizes as characteristic of a particular type of work or directly related to the risks peculiar to that particular type of work;

(2)  determining the cases in which a student is considered a worker;

(3)  prescribing an impairment table including a table for anatomicophysiological deficits, a table for disfigurements and a table for suffering or loss of enjoyment of life and determining the criteria for and modalities of application of the impairment table, for the purposes of computing compensation for bodily injuries;

(3.1)  determining the care, treatment, technical aid and costs forming part of the medical aid referred to in paragraph 5 of section 189 and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4)  determining, according to the classes of establishments and of construction sites it designates, the cases in which the employer or on a construction site, the principal contractor within the meaning of the Act respecting occupational health and safety (chapter S-2.1) shall maintain a first-aid service and an emergency medical service at his expense, the cases in which he shall furnish premises for such purpose, the staff and equipment such service must include and the content of the first aid or emergency medical register;

(4.1)  determining, subject to the second paragraph of section 198.1, the cost of the purchase, adjustment, repair and replacement of a prosthesis or orthesis referred to in the said section and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(5)  determining, for the purposes of section 297, units of economic activity and the sectors under which they are grouped;

(6)  fixing, for the purposes of section 304, the rate of assessment applicable to each unit of activity;

(7)  prescribing the requirements that must be met by an employer to qualify for a personalized rate, and the elements that must be taken into account and the method to be followed in establishing such rate;

(8)  determining, for the purposes of fixing the personalized rate, the experience ratios of the units of activity;

(8.1)  increasing the rates of assessment applicable to employers belonging to a sector of activity for which a joint sector-based association has been established under the Act respecting occupational health and safety, to defray the cost of the subsidy granted to the association if the cost is not included in the rates fixed under section 304;

(9)  prescribing the requirements that must be met by an employer to qualify for a retrospective adjustment of his assessment, the elements that must be taken into account and the method to be followed in establishing such adjustment and, without limiting the foregoing, providing, for the purposes of the retrospective adjustment, for the assumption by the employer of the cost of benefits, and prescribing the limits he may choose with respect to such an assumption, the conditions and the terms under which such an election may be made and the cases where the limit applicable is the limit determined by regulation;

(10)  determining the insurance premiums necessary for the final retrospective adjustment of the annual assessment;

(11)  fixing, according to the assessment applicable to an employer under section 305, the maximum amount which the retrospectively adjusted assessment of the employer cannot exceed;

(12)  determining the rate of the interest to be added to the retrospective adjustment of an employer’s annual assessment and prescribing the conditions and the terms under which the interest applies;

(13)  determining in what cases and on what conditions several employers may request to be considered one and the same employer for the purposes of the personalized rate or the retrospective assessment adjustment;

(14)  prescribing, for the purposes of sections 60, 90, 135, 261 and 364, the rules for determining the rate of interest;

(15)  prescribing, for the purposes of section 323, the rules for determining the rate of interest and prescribing the special rules for the purposes of the second paragraph of section 315.

In exercising the regulatory powers provided for in subparagraphs 7 and 9 of the first paragraph, the Commission may prescribe that certain elements which are necessary to establish the personalized rate or the retrospective adjustment will be determined after actuarial valuation, in the cases or in the circumstances prescribed by regulation.

1985, c. 6, s. 454; 1989, c. 74, s. 11; 1992, c. 11, s. 44; 1993, c. 5, s. 21.

1992-09-23

454. The Commission may make regulations

(1)  amending Schedule I by adding thereto any disease it recognizes as characteristic of a particular type of work or directly related to the risks peculiar to that particular type of work;

(2)  determining the cases in which a student is considered a worker;

(3)  prescribing an impairment table including a table for anatomicophysiological deficits, a table for disfigurements and a table for suffering or loss of enjoyment of life and determining the criteria for and modalities of application of the impairment table, for the purposes of computing compensation for bodily injuries;

In force: 1992-10-01

(3.1)  determining the care, treatment, technical aid and costs forming part of the medical aid referred to in paragraph 5 of section 189 and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(4)  determining, according to the classes of establishments and of construction sites it designates, the cases in which the employer or on a construction site, the principal contractor within the meaning of the Act respecting occupational health and safety (chapter S-2.1) shall maintain a first-aid service and an emergency medical service at his expense, the cases in which he shall furnish premises for such purpose, the staff and equipment such service must include and the content of the first aid or emergency medical register;

In force: 1992-11-01

(4.1)  determining, subject to the second paragraph of section 198.1, the cost of the purchase, adjustment, repair and replacement of a prosthesis or orthesis referred to in the said section and specifying the cases in which, the conditions on which and up to what amount payments may be made as well as the prior authorizations to which such payments may be subject;

(5)  determining, for the purposes of section 297, units of economic activity and the sectors under which they are grouped;

(6)  fixing, for the purposes of section 304, the rate of assessment applicable to each unit of activity;

(7)  prescribing the requirements that must be met by an employer to qualify for a personalized rate, and the elements that must be taken into account and the method to be followed in establishing such rate;

(8)  determining, for the purposes of fixing the personalized rate, the experience ratios of the units of activity;

(8.1)  increasing the rates of assessment applicable to employers belonging to a sector of activity for which a joint sector-based association has been established under the Act respecting occupational health and safety, to defray the cost of the subsidy granted to the association if the cost is not included in the rates fixed under section 304;

(9)  prescribing the requirements that must be met by an employer to qualify for a retrospective adjustment of his assessment, the elements that must be taken into account and the method to be followed in establishing such adjustment and, without limiting the foregoing, providing, for the purposes of the retrospective adjustment, for the assumption by the employer of the cost of benefits, and prescribing the limits he may choose with respect to such an assumption, the conditions and the terms under which such an election may be made and the cases where the limit applicable is the limit determined by regulation;

(10)  determining the insurance premiums necessary for the final retrospective adjustment of the annual assessment;

(11)  fixing, according to the assessment applicable to an employer under section 305, the maximum amount which the retrospectively adjusted assessment of the employer cannot exceed;

(12)  determining the rate of the interest to be added to the retrospective adjustment of an employer’s annual assessment and prescribing the conditions and the terms under which the interest applies;

(13)  determining in what cases and on what conditions several employers may request to be considered one and the same employer for the purposes of the personalized rate or the retrospective assessment adjustment.

In exercising the regulatory powers provided for in subparagraphs 7 and 9 of the first paragraph, the Commission may prescribe that certain elements which are necessary to establish the personalized rate or the retrospective adjustment will be determined after actuarial valuation, in the cases or in the circumstances prescribed by regulation.

1985, c. 6, s. 454; 1989, c. 74, s. 11; 1992, c. 11, s. 44.

1990-01-01

454. The Commission may make regulations

(1)  amending Schedule I by adding thereto any disease it recognizes as characteristic of a particular type of work or directly related to the risks peculiar to that particular type of work;

(2)  determining the cases in which a student is considered a worker;

(3)  prescribing an impairment table including a table for anatomicophysiological deficits, a table for disfigurements and a table for suffering or loss of enjoyment of life and determining the criteria for and modalities of application of the impairment table, for the purposes of computing compensation for bodily injuries;

(4)  determining, according to the classes of establishments and of construction sites it designates, the cases in which the employer or on a construction site, the principal contractor within the meaning of the Act respecting occupational health and safety (chapter S-2.1) shall maintain a first-aid service and an emergency medical service at his expense, the cases in which he shall furnish premises for such purpose, the staff and equipment such service must include and the content of the first aid or emergency medical register;

(5)  determining, for the purposes of section 297, units of economic activity and the sectors under which they are grouped;

(6)  fixing, for the purposes of section 304, the rate of assessment applicable to each unit of activity;

(7)  prescribing the requirements that must be met by an employer to qualify for a personalized rate, and the elements that must be taken into account and the method to be followed in establishing such rate;

(8)  determining, for the purposes of fixing the personalized rate, the experience ratios of the units of activity;

(9)  prescribing the requirements that must be met by an employer to qualify for a retrospective adjustment of his assessment, the elements that must be taken into account and the method to be followed in establishing such adjustment and, without limiting the foregoing, providing, for the purposes of the retrospective adjustment, for the assumption by the employer of the cost of benefits, and prescribing the limits he may choose with respect to such an assumption, the conditions and the terms under which such an election may be made and the cases where the limit applicable is the limit determined by regulation;

(10)  determining the insurance premiums necessary for the final retrospective adjustment of the annual assessment;

(11)  fixing, according to the assessment applicable to an employer under section 305, the maximum amount which the retrospectively adjusted assessment of the employer cannot exceed;

(12)  determining the rate of the interest to be added to the retrospective adjustment of an employer’s annual assessment and prescribing the conditions and the terms under which the interest applies;

(13)  determining in what cases and on what conditions several employers may request to be considered one and the same employer for the purposes of the personalized rate or the retrospective assessment adjustment.

In exercising the regulatory powers provided for in subparagraphs 7 and 9 of the first paragraph, the Commission may prescribe that certain elements which are necessary to establish the personalized rate or the retrospective adjustment will be determined after actuarial valuation, in the cases or in the circumstances prescribed by regulation.

1985, c. 6, s. 454; 1989, c. 74, s. 11.

1985-08-19

454. The Commission may make regulations

(1)  amending Schedule I by adding thereto any disease it recognizes as characteristic of a particular type of work or directly related to the risks peculiar to that particular type of work;

(2)  determining the cases in which a student is considered a worker;

(3)  prescribing an impairment table including a table for anatomicophysiological deficits, a table for disfigurements and a table for suffering or loss of enjoyment of life and determining the criteria for and modalities of application of the impairment table, for the purposes of computing compensation for bodily injuries;

(4)  determining, according to the classes of establishments and of construction sites it designates, the cases in which the employer or on a construction site, the principal contractor within the meaning of the Act respecting occupational health and safety (chapter S-2.1) shall maintain a first-aid service and an emergency medical service at his expense, the cases in which he shall furnish premises for such purpose, the staff and equipment such service must include and the content of the first aid or emergency medical register;

(5)  establishing a system of merit or demerit rating for assessing employers based on the classes of employers it designates.

1985, c. 6, s. 454.