a-3.001, r. 5 - Conditions for granting a subsidy to an employer hiring a worker who has suffered an employment injury

Updated to 1 January 2016

This document has official status.

chapter A-3.001, r. 5

Conditions for granting a subsidy to an employer hiring a worker who has suffered an employment injury

Act respecting industrial accidents and occupational diseases

(chapter A-3.001, s. 175).

DIVISION I PURPOSE

1. Under section 175 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Commission des normes, de l’équité, de la santé et de la sécurité du travail must determine conditions for granting a subsidy for a period not exceeding one year to an employer hiring a worker who has suffered an employment injury when the worker is unable to meet the normal requirements for employment.

The purpose of the subsidy is to provide the worker, under the terms of his personal rehabilitation program, with a period of readjustment to his employment or adaptation to his new employment, or to enable him to acquire new vocational qualifications.

Decision 86-04-17, s. 1.

DIVISION II APPLICATION FOR SUBSIDY

2. To obtain a subsidy, an employer hiring a worker who has suffered an employment injury shall apply to the Commission.

The Commission shall provide professional and technical services to aid the employer in drawing up his application, in particular for the purposes of job evaluation or defining a hiring or training plan.

Decision 86-04-17, s. 2.

3. An application shall contain sufficient particulars to make it possible to draw up a program for the purpose of providing the worker with a period of readjustment to his employment or adaptation to his new employment, or enabling him to acquire new vocational qualifications.

It shall enable the Commission to assess the stability of the position in question and the possibilities of keeping the worker employed.

Decision 86-04-17, s. 3.

DIVISION III AMOUNT AND TERM OF THE SUBSIDY

4. In determining the amount and term of a subsidy, the Commission shall take into consideration the requirements of the employment, allowing for the worker’s experience, vocational qualifications and residual capacity.

The Commission shall also take into consideration any additional costs incurred and the impact on the operation of the undertaking, as shown by the employer.

Decision 86-04-17, s. 4.

5. The maximum weekly amount of the subsidy paid by the Commission may not exceed 80% of the gross weekly wage for the subsidized employment.

For the purposes of the subsidy, wages, posted on an annual basis, are considered up to the Maximum Yearly Insurable Earnings fixed by section 66 of the Act.

Decision 86-04-17, s. 5.

6. Where the employer receives or is eligible to receive a subsidy or contribution from another public, parapublic or private body and where such a subsidy or contribution may reduce the costs of the program, he shall so inform the Commission.

Where the employer receives or is eligible to receive such a subsidy or contribution, the subsidy of the Commission shall be reduced by an amount equal to the sum of such subsidies or contributions.

Decision 86-04-17, s. 6.

7. Where the Commission consents to pay a subsidy, an agreement shall be made and signed by the employer or his representative and the representative of the Commission.

The agreement shall contain the following:

(1)  the amount and term of the subsidy;

(2)  the frequency of subsidy payments;

(3)  the program to be carried out by the employer;

(4)  the dates the program begins and ends; and

(5)  any other condition.

Decision 86-04-17, s. 7.

8. The agreement may be varied with the written consent of the parties.

Decision 86-04-17, s. 8.

DIVISION IV PAYMENT OF THE SUBSIDY

9. The Commission shall pay the employer the amount of the subsidy at the end of each month upon receipt of a claim in writing enumerating the hours or days actually worked.

Decision 86-04-17, s. 9.

10. To be accepted, the final claim must be made within 60 days of the last day of the program.

Decision 86-04-17, s. 10.

DIVISION V DUTIES OF THE EMPLOYER

11. The employer shall grant the worker all of the rights and privileges granted to other workers in his establishment, including wages, for a position corresponding to that which the worker will hold, taking into account the worker’s qualifications and experience.

Decision 86-04-17, s. 11.

12. The employer shall allow representatives of the Commission access to the establishment, with reasonable prior notice, to ensure supervision of the program from the point of view of progress realized or the application of the subsidy.

He shall allow the representatives to examine records and books related to the program and the subsidy.

Decision 86-04-17, s. 12.

DIVISION VI DUTIES OF THE WORKER

13. The worker shall take an active part in the program drawn up and shall comply with the components thereof.

He shall abide by the administrative and professional by-laws or practices current with the employer.

Decision 86-04-17, s. 13.

DIVISION VII END OF SUBSIDY

14. If the employer or the worker does not comply with these conditions or with the conditions fixed in the program or the agreement prescribed by section 7, the Commission may put an end to payment of the subsidy by giving 14 days notice in writing.

Decision 86-04-17, s. 14.

DIVISION VIII RECOVERY OF SUBSIDY

15. The Commission shall recover all or part of a subsidy it has paid to the extent that the subsidy has not been applied to the purposes for which it was granted.

Decision 86-04-17, s. 15.

REFERENCES

Decision 86-04-17, 1986, G.O. 2, 721

S.Q. 2015, c. 15, s. 237