A-3.001 - Act respecting industrial accidents and occupational diseases

Section 280.14 Disposition versions

2022-04-06

280.14. Where the Commission is of the opinion that a supplier has received a payment from a person contrary to this Act, it shall notify the supplier in writing. The notice must indicate the reimbursement terms that may be applied by the Commission and grant the supplier 10 days to submit observations.

On the expiry of the 10-day period, the Commission shall notify its decision to the supplier in writing, with reasons.

The Commission may recover from the supplier, by compensation or otherwise, any amount received contrary to this Act, such an amount then being deemed to be a debt toward the Commission.

The recovery of amounts unduly paid is prescribed five years after the payment was received by the supplier.

Where the payment is received by an enterprise where the supplier named in the application for reimbursement or affected by the recovery measure works or practices, or where such an enterprise manages the business of the supplier, compensation may be applied against the enterprise.

Despite section 358, the supplier may, within 30 days after notification of the decision, contest it before a court of competent jurisdiction. Where applicable, the burden of proving the Commission’s decision to be ill-founded is on the supplier.

Where a supplier does not contest the decision and the Commission cannot recover the amount owed by compensation, the Commission may, on the expiry of the period for contesting the decision, issue a certificate stating the supplier’s name and address and attesting the amount owing and the supplier’s failure to contest. On the filing of the certificate with the office of the court of competent jurisdiction, the decision becomes enforceable as if it were a final judgment of that court not subject to appeal and has all the effects of such a judgment.

2021, c. 27, s. 87.