101. An employer who qualifies for retrospective adjustment of its assessment or who applies to qualify pursuant to section 88 in respect of an assessment year, must send to the Commission, by 15 December of the year preceding the assessment year, a notice stating that, in respect of that assessment year, the employer elects to assume the total cost of benefits payable in respect of an accident or disease contemplated in section 95, up to a limit per claim of 1 1/2, 2, 2 1/2, 3, 4, 5, 6, 7, 8 or 9 times the maximum yearly insurable earnings for the assessment year.
An employer beginning its activities after the date prescribed in the first paragraph of section 92 who applies for retrospective adjustment of its assessment pursuant to paragraph 1 of section 88 must send the notice referred to in the first paragraph before the date on which the employer begins its activities.
Failing such notice, the employer is deemed to have elected the limit of 1 1/2, 2, 2 1/2, 3, 4, 5, 6, 7, 8 or 9 times the maximum yearly insurable earnings for the assessment year, on the basis of the election applicable to the preceding year. However, where no such limit applied to the employer for that year, it is deemed to have elected a limit equal to 1 1/2 times the maximum yearly insurable earnings.
Decision 2010-11-18, s. 101.