i-7 - Act respecting indemnities for victims of asbestosis and silicosis in mines and quarries

Replaced on 19 August 1985

This document has official status.

chapter I-7

Act respecting indemnities for victims of asbestosis and silicosis in mines and quarries

Subject to the following paragraph, chapter I-7 is replaced by the Act respecting industrial accidents and occupational diseases (chapter A-3.001); see 1985, c. 6, s. 504.
The Act respecting indemnities for victims of asbestosis and silicosis in mines and quarries (chapter I-7) remains in force for the purposes of the processing of claims made under this Act before 19 August 1985, or under the first paragraph of section 576 of chapter A-3.001.
The Workmen’s Compensation Act (chapter A-3), as amended by sections 479 to 483 of chapter 6 of the statutes of 1985, and the regulations made under the said Act continue to apply for that purpose; see chapter A-3.001, s. 506.

1985, c. 6, s. 504.

1. In this act, unless the context indicates a different meaning,

(a)  “Commission” means the Commission de la santé et de la sécurité du travail;

(b)  “employment” means employment in underground works and surface employment, in drilling, loading, hauling, crushing, grinding, sifting and screening of stone and ore, stone cutting and polishing and ore treatment, and any other employment on a mine or quarry site where a person is exposed to asbestos or silica dust;

(c)  “worker” means a person, except a student, holding employment contemplated in paragraph b, in a mine or quarry, including a member of the executive or support staff;

(d)  “disposable net income” means the gross annual income of the worker from employment contemplated in paragraph b, less the annual deductions provided for by the taxation tables, and the deductions for the Québec Pension Plan, the Québec Health Insurance Plan and unemployment insurance.

1975, c. 55, s. 1; 1977, c. 5, s. 14; 1979, c. 63, s. 329.

2. (1)  A worker suffering from permanent disability resulting from silicosis or asbestosis medically established by diagnosis is entitled:

(a)  to a fixed indemnity established according to Schedule A, in proportion to the degree of permanent disability of the worker; and, if he ceases to be employed by reason of such permanent disability,

(b)  to a complementary indemnity equivalent to 90% of his disposable net income.

If the permanent disability was established before 27 June 1975, the worker who ceases to be employed by reason of such disability is not entitled to the fixed indemnity.

(2)  Every sum paid to the worker under a collective aggrement or under another act of Québec or Canada by reason of the cessation of the employment of such worker must be deducted from such complementary indemnity.

The beneficiary of a complementary indemnity must, without delay, advise the Commission of any change in his situation rendering inaccurate the information he has furnished and having a bearing on the indemnity to be granted to him.

(3)  Every decision concerning the complementary indemnity favourable to the worker is executory notwithstanding the appeal provided for in section 12.

1975, c. 55, s. 2; 1977, c. 42, s. 12; 1979, c. 63, s. 287.

3. The gross annual income of the worker shall not be taken into consideration for an amount greater than the maximum rate of annual earnings established according to subsection 1 of section 46 of the Workmen’s Compensation Act (chapter A-3).

1975, c. 55, s. 3; 1977, c. 42, s. 13.

4. If the worker contemplated in section 2 obtains new employment, whether or not it is mentioned in paragraph b of section 1, the complementary indemnity shall be reduced by an amount equivalent to 50% of the disposable net income from such new employment not exceeding $5 000 or, if such income exceeds $5 000, equivalent to 50% of the first $5 000 and 75% of the remainder.

1975, c. 55, s. 4.

5. The right to the complementary indemnity may be refused, discontinued or suspended in the case of the worker contemplated in section 2 who, without valid reason:

(a)  refuses a new employment which is offered to him by the Commission;

(b)  leaves such an employment although he could continue to hold it;

(c)  refuses or neglects to avail himself of the training, rehabilitation or treatment measures made available to him;

(d)  refuses or neglects to avail himself of the benefits he is entitled to by virtue of any agreement or any other act; or

(e)  refuses or neglects to furnish the information required for the application of this act.

1975, c. 55, s. 5.

6. The worker contemplated in section 2 shall lose his right to the complementary indemnity on attaining the age of 65 years, except to the extent that, due to his condition, he does not benefit by the retirement pension paid under the Act respecting the Québec Pension Plan to which he would normally have been entitled. In such case, an indemnity corresponding to the loss he incurs must be paid to him.

1975, c. 55, s. 6.

7. The following shall be deducted from the complementary indemnity:

(a)  the pensions for permanent disability, whatever the cause, granted to the worker before 27 June 1975; and

(b)  the pensions for permanent disability not caused by asbestosis or silicosis granted to the worker after 27 June 1975.

The pensions contemplated in this section shall continue to be paid in accordance with the Workmen’s Compensation Act (chapter A-3).

1975, c. 55, s. 7.

8. In case of the aggravation, subsequent to 27 June 1975, of a permanent disability caused by asbestosis or silicosis for which a pension has been granted under the Workmen’s Compensation Act, the worker is entitled to a fixed indemnity for such aggravation established according to Schedule A and, where it applies, to a complementary indemnity.

1975, c. 55, s. 8.

9. The worker who, without being entitled to it, receives all or part of an indemnity is bound to immediately reimburse any overpayment. The Commission must, in such case, recover such overpayment of deduct it from the amount of any indemnity to be paid to the worker. If such worker acted in bad faith, the Commission may add the amount of the interest to the deduction or reimbursement of the overpayment.

1975, c. 55, s. 9.

10. The indemnities provided for in section 2 shall be indexed in the manner provided by section 41 of the Workmen’s Compension Act.

1975, c. 55, s. 10.

11. The Commission de la santé et de la sécurité du travail is charged with the carrying out of this act.

In the administration of this act, the Commission shall apply the provisions of the Workmen’s Compensation Act not inconsistent with this act.

1975, c. 55, s. 11; 1977, c. 5, s. 14; 1979, c. 63, s. 329.

12. Every decision under subsection 1 of section 2 and every decision under sections 5 and 8 rendered by a review board in accordance with section 64 of the Workmen’s Compensation Act may, within 60 days of notification of the decision, be contested before the Administrative Tribunal of Québec.

A review board with which an application for review of a decision pursuant to subsection 1 of section 2 is filed must, when so required, in respect of any decision of a medical nature, render its decision on the report of a committee of three medical experts, one member being appointed by the employer, one member being appointed by the worker and the third being selected by them from a list of medical specialists furnished by the Conseil consultatif du travail et de la main d’oeuvre or, if there is disagreement, by the Commission.

The terms and conditions of appointment of members are determined by regulation.

The costs of such expert’s opinion are charged to the Commission.

1975, c. 55, s. 12; 1977, c. 5, s. 14; 1977, c. 42, s. 14; 1978, c. 57, s. 81; 1997, c. 43, s. 305.

13. The Government may make regulations:

(a)  to determine the terms and conditions of the application of section 6;

(b)  to determine the terms and conditions of appointment of members to a committee formed under section 12.

1975, c. 55, s. 13; 1977, c. 42, s. 15; 1978, c. 57, s. 82.

14. The expenses incurred for the carrying out of this act shall be paid out of the accident fund established by the Workmen’s Compensation Act.

1975, c. 55, s. 14.

15. The Government shall designate a minister to be responsible for the application of this Act.

1979, c. 63, s. 288.

The Minister of Labour is responsible for the application of this Act. O.C. 2646-85 of 85.12.13, (1986) 118 G.O. 2 (French), 169.

16. This Act shall operate notwithstanding the provisions of sections 2 and 7 to 15 of the Constitution Act, 1982 (Schedule B of the Canada Act, chapter 11 in the 1982 volume of the Acts of the Parliament of the United Kingdom).

1982, c. 21, s. 1.

REPEAL SCHEDULE

In accordance with section 17 of the Act respecting the consolidation of the statutes (chapter R-3), chapter 55 of the statutes of 1975, in force on 31 December 1977, is repealed, except section 15, effective from the coming into force of chapter I-7 of the Revised Statutes.