A-3.001 - Act respecting industrial accidents and occupational diseases

Section 441 Disposition versions

1999-10-22

441. No beneficiary may bring a civil liability action, by reason of an employment injury, against an employer governed by this Act other than the employer of the injured worker, except

(1)  if the employer has committed a fault that constitutes an offence or indictable offence within the meaning of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46);

(2)  to recover the amount by which the loss sustained exceeds the benefit;

(3)  if the employer is a person responsible for an employment injury contemplated in section 31; or

(4)  if the employer is personally liable for the payment of benefits.

Notwithstanding the rules relating to prescription enacted by the Civil Code, a civil liability action for a fault contemplated in subparagraph 1 of the first paragraph may be instituted only within six months of the admission of guilt or the final conviction.

1985, c. 6, s. 441; 1999, c. 40, s. 4.

1988-12-12

441. No beneficiary may bring a civil liability action, by reason of an employment injury, against an employer governed by this Act other than the employer of the injured worker, except

(1)  if the employer has committed a fault that constitutes an offence or indictable offence within the meaning of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46);

(2)  to recover the amount by which the loss sustained exceeds the benefit;

(3)  if the employer is a person responsible for an employment injury contemplated in section 31; or

(4)  if the employer is personally liable for the payment of benefits.

Notwithstanding articles 1056 and 2262 of the Civil Code of Lower Canada, a civil liability action for a fault contemplated in subparagraph 1 of the first paragraph may be instituted only within six months of the admission of guilt or the final conviction.

1985, c. 6, s. 441.

1985-08-19

441. No beneficiary may bring a civil liability action, by reason of an employment injury, against an employer governed by this Act other than the employer of the injured worker, except

(1)  if the employer has committed a fault that constitutes an offence or indictable offence within the meaning of the Criminal Code (Revised Statutes of Canada 1970, chapter C-34);

(2)  to recover the amount by which the loss sustained exceeds the benefit;

(3)  if the employer is a person responsible for an employment injury contemplated in section 31; or

(4)  if the employer is personally liable for the payment of benefits.

Notwithstanding articles 1056 and 2262 of the Civil Code, a civil liability action for a fault contemplated in subparagraph 1 of the first paragraph may be instituted only within six months of the admission of guilt or the final conviction.

1985, c. 6, s. 441.