A-3 - Workers’ Compensation Act

Section 35 Disposition versions

2022-11-01

35. (1)  The death of a worker entitles the surviving consort, for life, and the other dependent persons or, if there is no surviving consort, the dependent persons, in equal portions, to an indemnity proportionate annually to a percentage of the indemnity to which the worker would have been entitled had he survived and had he become totally incapable of earning full wages in the employment he held at the time of the accident.

(2)  The percentage contemplated in subsection 1 is established at 55% for a dependent person, at 65% for two dependent persons and, if there are more than two, at 65% plus 5% per dependent person over two, up to 80%.

(3)  The dependent persons contemplated in subparagraph 4 of paragraph l of subsection 1 of section 2 are considered dependent so long as, in the manner prescribed by regulation, those persons could have been considered as dependent on the worker had the latter survived.

(4)  Where the worker leaves no surviving consort and he leaves dependent persons contemplated in subparagraph 3 or 4 of paragraph l of subsection 1 of section 2, the indemnity of those dependent persons, when they are incapable, is paid to their tutor or mandatary or, if they do not have one, to the person designated by the Commission. The person so designated has the obligations of a tutor.

(5)  Where a worker leaves a surviving consort and other dependent persons, the Commission may order, in the interest of those dependent persons, that part of the indemnity, rather than being paid to the surviving consort, be paid to the dependent persons or to their tutor or mandatary if they have one or, if they do not, to the person designated by the Commission. The person so designated has the obligations of a tutor.

(6)  Notwithstanding subsection 1, where there are both dependent persons who were wholly dependent on the worker and dependent persons who were partly dependent on him, the Commission may allocate to those persons who were partly dependent on the worker such part of the amount of the indemnity that may be granted to them proportionately to the pecuniary loss sustained by each of them. The Commission may pay that amount in a capital sum, in accordance with the terms and conditions determined by it.

(7)  Where an accident causes the death of a worker, the Commission shall reimburse to the person who has paid them the expenses incurred for funeral costs up to $600, in addition to the costs of transportation of the body in the cases and amount prescribed by regulation.

Furthermore, the surviving consort and other dependent persons or, if there is no surviving consort, the dependent persons are granted by the Commission, in equal shares, an amount of $500 as a special indemnity.

(8)  Where a worker has disappeared following an accident under circumstances which raise a presumption that he is dead, the Commission may acknowledge that, for the purposes of this Act and until proof to the contrary, the worker is dead and the date of his death is that of the accident.

(9)  Subject to subsections 6 and 7, the indemnity provided for in this section is paid in the form of an amount payable monthly.

(10)  Where the dependent persons are a consort or a consort and children contemplated in paragraph l of subsection 1 of section 2, the monthly amount must not be less than the amounts established in Schedule C.

(11)  Setting aside the indemnities provided for by subsection 7 and subject to the revalorization provided by section 41, the total of monthly amounts payable under this section shall not exceed 80% of the indemnity contemplated in subsection 1, except to the extent permitted in subsection 10.

R. S. 1964, c. 159, s. 34; 1966-67, c. 52, s. 3; 1971, c. 45, s. 2; 1978, c. 57, s. 19; 2020, c. 11, s. 168.

1979-01-01

35. (1)  The death of a worker entitles the surviving consort, for life, and the other dependent persons or, if there is no surviving consort, the dependent persons, in equal portions, to an indemnity proportionate annually to a percentage of the indemnity to which the worker would have been entitled had he survived and had he become totally incapable of earning full wages in the employment he held at the time of the accident.

(2)  The percentage contemplated in subsection 1 is established at 55% for a dependent person, at 65% for two dependent persons and, if there are more than two, at 65% plus 5% per dependent person over two, up to 80%.

(3)  The dependent persons contemplated in subparagraph 4 of paragraph l of subsection 1 of section 2 are considered dependent so long as, in the manner prescribed by regulation, those persons could have been considered as dependent on the worker had the latter survived.

(4)  Where the worker leaves no surviving consort and he leaves dependent persons contemplated in subparagraph 3 or 4 of paragraph l of subsection 1 of section 2, the indemnity of those dependent persons, when they are incapable, is paid to their tutor or to their curator and, failing those persons, to the person designated by the Commission. The person so designated has the obligations of a tutor or a curator, as the case may be.

(5)  Where a worker leaves a surviving consort and other dependent persons, the Commission may order, in the interest of those dependent persons, that part of the indemnity, rather than being paid to the surviving consort, be paid to the dependent persons or, as the case may be, to their tutor or curator and, failing a tutor or a curator, to the person designated by the Commission. The person so designated has the obligations of a tutor or a curator, as the case may be.

(6)  Notwithstanding subsection 1, where there are both dependent persons who were wholly dependent on the worker and dependent persons who were partly dependent on him, the Commission may allocate to those persons who were partly dependent on the worker such part of the amount of the indemnity that may be granted to them proportionately to the pecuniary loss sustained by each of them. The Commission may pay that amount in a capital sum, in accordance with the terms and conditions determined by it.

(7)  Where an accident causes the death of a worker, the Commission shall reimburse to the person who has paid them the expenses incurred for funeral costs up to $600, in addition to the costs of transportation of the body in the cases and amount prescribed by regulation.

Furthermore, the surviving consort and other dependent persons or, if there is no surviving consort, the dependent persons are granted by the Commission, in equal shares, an amount of $500 as a special indemnity.

(8)  Where a worker has disappeared following an accident under circumstances which raise a presumption that he is dead, the Commission may acknowledge that, for the purposes of this Act and until proof to the contrary, the worker is dead and the date of his death is that of the accident.

(9)  Subject to subsections 6 and 7, the indemnity provided for in this section is paid in the form of an amount payable monthly.

(10)  Where the dependent persons are a consort or a consort and children contemplated in paragraph l of subsection 1 of section 2, the monthly amount must not be less than the amounts established in Schedule C.

(11)  Setting aside the indemnities provided for by subsection 7 and subject to the revalorization provided by section 41, the total of monthly amounts payable under this section shall not exceed 80% of the indemnity contemplated in subsection 1, except to the extent permitted in subsection 10.

R. S. 1964, c. 159, s. 34; 1966-67, c. 52, s. 3; 1971, c. 45, s. 2; 1978, c. 57, s. 19.

1977-12-31

35. (1)  Where death of a workman results from an accident the following amounts or compensation shall be paid:

(a)  the expenses not exceeding six hundred dollars, necessarily incurred for the funeral of the workman and the cost of the transportation of the corpse, not exceeding one hundred and fifty dollars, when the Commission deems the same justified by reason of the distance travelled;

(b)  where the widow or an invalid husband is the sole dependant, a monthly payment of one hundred and forty dollars;

(c)  where the dependants are an invalid widower and children or a widow and children, a monthly payment of one hundred and forty dollars, with an additional monthly payment of thirty-five dollars for each child under the age of eighteen years. Such additional monthly payment shall be increased to fifty-five dollars on the death of the widow or invalid widower;

(d)  where the dependants are children, a monthly payment of fifty-five dollars to each child under the age of eighteen years;

(e)  where the dependants are persons other than those mentioned in the foregoing paragraphs b, c and d, to each dependant, a sum reasonable and proportionate to the pecuniary loss to such dependant occasioned by the death, to be determined by the Commission.

(2)  Where a workman has disappeared following an accident arising out of or in the course of his work, under circumstances which raise a presumption that he is dead, the Commission may acknowledge that, for the purposes of this act and until proof to the contrary, the date of his death is that of the accident.

(3)  Where the workman leaves no widow or the widow subsequently dies, and a sister, aunt, or other suitable person acts as foster-mother in keeping up such household and maintaining and taking care of the children of such workman entitled to compensation, in a manner which the Commission deems satisfactory, such foster-mother while so doing shall be entitled to receive the same monthly payments of compensation for herself and such children as the widow would have been entitled to, and in such case the children’s part of such monthly payments shall be in lieu of the monthly payments which they would otherwise have been entitled to receive.

(4)  The dependant widow, or if she be dead, such foster-mother, shall be awarded in addition a sum of five hundred dollars.

(5)  A woman who was divorced, separated from, or was not being maintained by the workman, who has died as a result of accident or disease covered by this act, shall not receive any of the compensation, rent or allowances by this act provided, unless in the opinion of the Commission she was entitled to be maintained by him at the time of his death.

(6)  In the case provided for by paragraph e of subsection 1 of this section, the payments shall continue only so long as, in the opinion of the Commission, it might reasonably have been expected that, had the workman lived, he would have continued to contribute to the support of such dependants; and in any case under the said paragraph e the Commission may convert such payments into a capital sum or any other form of payment as the Commission in the circumstances deems most suitable.

(7)  A dependant to whom the workman stood in locoparentis or a dependant who stood in locoparentis to the workman shall be entitled, as the Commission may determine, to share in or receive compensation under paragraphs c, d or e of subsection 1 of this section.

(8)  Compensation shall be payable to any invalid child without regard to the age of such child, and payments to such child shall continue so long as such child remains an invalid; in the case of a child attending school, payment shall continue as long as he regularly attends a school.

(9)  Where there are both dependants for whom the workman provided entirely and dependants for whom he partly provided, the Commission may allot to each dependant a part of the compensation awarded to them.

(10)  Where the Commission is of opinion that, for any reason, it is necessary or desirable that a payment in respect of a child should not be made directly to the person entitled to receive same on behalf of such child, the Commission may direct that the payment be made to such other person as it may designate or be applied in such manner as the Commission may deem most advantageous for such child.

(11)  Exclusive of the expenses of burial of the workman, the total monthly compensation payable, as provided by subsection 1 of this section, shall not in any case exceed seventy-five per centum of the average monthly earnings of the workman during the twelve months preceding his accident, if his employment has lasted twelve months, and, if not, of the average monthly earnings during any shorter period during which he has been in the service of his employer.

If the compensation payable under subsection 1 of this section exceeds the percentage fixed by the precedent paragraph, it shall be reduced accordingly, and, where several persons are entitled to monthly payments, the payments shall be reduced proportionately; but, where the dependants are an invalid widower or a widow with, in either case, one or more children, the monthly payment shall not be less than one hundred and seventy-five dollars when there is only one child, nor less than two hundred and ten dollars when there are two children, nor less than two hundred and forty-five dollars when there are more than two children.

R. S. 1964, c. 159, s. 34; 1966-67, c. 52, s. 3; 1971, c. 45, s. 2.