A-3 - Workers’ Compensation Act

Section 13 Disposition versions

2002-04-01

13. (1)  In the case of an industry designated by regulation, an employer or a director of a legal person, being the victim of an accident, or their dependants are entitled to the benefits under this Act, provided:

(a)  that such employer or director is carried or carries himself on the pay-roll of the industry at an amount which the Commission deems reasonable, but not exceeding the maximum rate of annual earnings established according to subsection 1 of section 46;

(b)  that the intention to include such employer or director of a legal person as a worker be stated in the pay-roll and in the statement furnished to the Commission under section 88; and

(c)  that the amount of the salary of such employer or director, as shown in the said pay-roll and statement, be included in the estimate for the year.

For the purpose of determining the indemnity, the earnings of such employer or director shall not be taken to be more than the amount as shown by such pay-roll and statement, or to be more than the maximum rate of annual earnings established according to subsection 1 of section 46.

(2)  Where a skilled tradesman carries on his functions in an industry designated by regulation, that skilled tradesman or, as the case may be, his dependent persons, if he is the victim of an accident, is entitled to the benefits provided in this Act, provided he has given to the Commission a written notice indicating:

(a)  the nature and place of his industry;

(b)  an estimate of the annual gross earnings from his industry not exceeding the maximum rate of annual earnings established according to to subsection 1 of section 46.

(3)  An employer or a director of a legal person who, on 6 May 1977, or in the case of a skilled tradesman who, on 1 January 1979, has the benefit of the protection granted by subsection 1 or 2 or who avails himself of it after that date shall continue to have the benefit of such protection until he gives notice in writing to the Commission that he no longer wishes to avail himself of it.

Failure by the employer, the legal person or the skilled tradesman to pay an assessment following a notice under section 97 is equivalent to the notice in writing mentioned in the first paragraph and terminates the protection granted under subsection 1 or 2.

R. S. 1964, c. 159, s. 12; 1966-67, c. 52, s. 2; 1971, c. 45, s. 1; 1975, c. 54, s. 1; 1977, c. 42, s. 3; 1978, c. 57, s. 11.

1979-01-01

13. (1)  In the case of an industry designated by regulation, an employer or a director of a corporation, being the victim of an accident, or their dependants are entitled to the benefits under this act, provided:

(a)  that such employer or director is carried or carries himself on the pay-roll of the industry at an amount which the Commission deems reasonable, but not exceeding the maximum rate of annual earnings established according to subsection 1 of section 46;

(b)  that the intention to include such employer or director of a corporation as a worker be stated in the pay-roll and in the statement furnished to the Commission under section 88; and

(c)  that the amount of the salary of such employer or director, as shown in the said pay-roll and statement, be included in the estimate for the year.

For the purpose of determining the indemnity, the earnings of such employer or director shall not be taken to be more than the amount as shown by such pay-roll and statement, or to be more than the maximum rate of annual earnings established according to subsection 1 of section 46.

(2)  Where a skilled tradesman carries on his functions in an industry designated by regulation, that skilled tradesman or, as the case may be, his dependent persons, if he is the victim of an accident, is entitled to the benefits provided in this act, provided he has given to the Commission a written notice indicating:

(a)  the nature and place of his industry;

(b)  an estimate of the annual gross earnings from his industry not exceeding the maximum rate of annual earnings established according to to subsection 1 of section 46.

(3)  An employer or a director of a corporation who, on 6 May 1977, or in the case of a skilled tradesman who, on 1 January 1979, has the benefit of the protection granted by subsection 1 or 2 or who avails himself of it after that date shall continue to have the benefit of such protection until he gives notice in writing to the Commission that he no longer wishes to avail himself of it.

Failure by the employer, the corporation or the skilled tradesman to pay an assessment following a notice under section 97 is equivalent to the notice in writing mentioned in the first paragraph and terminates the protection granted under subsection 1 or 2.

R. S. 1964, c. 159, s. 12; 1966-67, c. 52, s. 2; 1971, c. 45, s. 1; 1975, c. 54, s. 1; 1977, c. 42, s. 3; 1978, c. 57, s. 11.

1977-12-31

13. (1)  Where compensation is payable out of the accident fund, an employer or a director of a corporation, being the victim of a work accident, or their dependants respectively are entitled to the compensation benefits under this act, provided:

(a)  that such employer or director is carried or carries himself on the pay-roll of the industry at an amount which the Commission deems reasonable, but not exceeding the maximum rate of annual earnings established according to subsection 1 of section 46;

(b)  that the intention to include such employer or director of a corporation as a workman be stated in the pay-roll and in the statement furnished to the Commission under section 88; and

(c)  that the amount of the salary of such employer or director, as shown in the said pay-roll and statement, be included in the estimate for the year.

For the purpose of determining the compensation, the earnings of such employer or director shall not be taken to be more than the amount as shown by such pay-roll and statement, or to be more than the maximum rate of annual earnings established according to subsection 1 of section 46.

(2)  An employer or a director of a corporation who, on 6 May 1977, has the benefit of the protection granted by subsection 1 or who avails himself of it after that date shall continue to have the benefit of such protection until he gives notice in writing to the Commission that he no longer wishes to avail himself of it.

Failure by the employer or the corporation to pay an assessment following a notice under section 97 is equivalent to the notice in writing mentioned in the preceding paragraph and terminates the protection granted under subsection 1.

R. S. 1964, c. 159, s. 12; 1966-67, c. 52, s. 2; 1971, c. 45, s. 1; 1975, c. 54, s. 1; 1977, c. 42, s. 3.