A-3 - Workers’ Compensation Act

Section 63 Disposition versions

2016-01-01

63. (1)  Subject to section 70 and to the proceeding provided for in section 65, the Commission has exclusive jurisdiction to examine into and determine all matters and questions arising under this Act and to dispose of any other matter or thing in respect of which any power, authority or discretion is conferred upon the Commission.

Except on a matter of jurisdiction, no application for judicial review under the Code of Civil Procedure (chapter C-25.01) shall lie, nor may any injunction be granted, against the Commission or its members in their official capacity.

A judge of the Court of Appeal may, on an application, annul by summary procedure any proceeding brought or decision rendered contrary to the provisions of the preceding paragraph.

(2)  Without limiting the generality of the provisions of the preceding subsection 1, the Commission has exclusive jurisdiction to decide:

(a)  the nature of the industry operated by an employer, according to his principal activities;

(b)  the sector of economic activity, the unit or the class of units in which a particular industry or a part, a branch or a subsidiary of such industry is to be included;

(c)  any matter or question relating to the classification of industries, employers’ assessment, medical aid or rehabilitation.

(3)  Except in those cases in which it has delegated its powers in accordance with subsections 4 and 5, the Commission may at any time, with respect to matters within its jurisdiction, reconsider any question decided by it, and rescind, amend or alter its decisions and orders.

(4)  The Commission may delegate generally, to such of its functionaries as it may designate, its powers to examine into and determine all matters and questions respecting the right to an indemnity, the quantum of an indemnity , the degree of impairment of earning capacity and the admissibility of an application for psychotherapeutic rehabilitation services made by a close relation of a crime victim referred to in section 5.1 of the Crime Victims Compensation Act (chapter I-6).

(5)  The Commission may establish review boards composed of such of its functionaries as it may designate for a term specified in the instrument of designation, in such number as it may determine and delegate generally to these boards its powers to examine into and determine in review all matters relating any of the subjects enumerated in subsection 4.

(6)  Decisions rendered by persons and boards under subsection 5 are governed by subsection 8 and are valid as decisions of the Commission.

(7)  Persons designated under subsection 4 and members of review boards are vested with the powers and the immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

(8)  The Commission shall render its decisions according to equity and upon the real merits and justice of the case; it may, by all legal means which it deems best, inquire into the matters the investigation whereof is attributed to it. Its decisions shall state the grounds on which they are based.

(9)  (Subsection repealed).

(10)  (Subsection repealed).

R. S. 1964, c. 159, s. 59; 1965 (1st sess.), c. 80, a. 1; 1977, c. 42, s. 7; 1978, c. 57, s. 1, s. 33; 1979, c. 63, s. 259; 1985, c. 6, s. 483; 1986, c. 95, s. 10; 1997, c. 43, s. 6; 2006, c. 41, s. 6; I.N. 2016-01-01 (NCCP).

2007-03-22

63. (1)  Subject to section 70 and to the proceeding provided for in section 65, the Commission has exclusive jurisdiction to examine into and determine all matters and questions arising under this Act and to dispose of any other matter or thing in respect of which any power, authority or discretion is conferred upon the Commission.

Except on a matter of jurisdiction, no recourse under article 33 of the Code of Civil Procedure (chapter C-25) or extraordinary recourse within the meaning of the said Code shall lie, nor may any injunction be granted, against the Commission or its members in their official capacity.

A judge of the Court of Appeal may, on a motion, annul by summary procedure any proceeding brought or decision rendered contrary to the provisions of the preceding paragraph.

(2)  Without limiting the generality of the provisions of the preceding subsection 1, the Commission has exclusive jurisdiction to decide:

(a)  the nature of the industry operated by an employer, according to his principal activities;

(b)  the sector of economic activity, the unit or the class of units in which a particular industry or a part, a branch or a subsidiary of such industry is to be included;

(c)  any matter or question relating to the classification of industries, employers’ assessment, medical aid or rehabilitation.

(3)  Except in those cases in which it has delegated its powers in accordance with subsections 4 and 5, the Commission may at any time, with respect to matters within its jurisdiction, reconsider any question decided by it, and rescind, amend or alter its decisions and orders.

(4)  The Commission may delegate generally, to such of its functionaries as it may designate, its powers to examine into and determine all matters and questions respecting the right to an indemnity, the quantum of an indemnity , the degree of impairment of earning capacity and the admissibility of an application for psychotherapeutic rehabilitation services made by a close relation of a crime victim referred to in section 5.1 of the Crime Victims Compensation Act (chapter I-6).

(5)  The Commission may establish review boards composed of such of its functionaries as it may designate for a term specified in the instrument of designation, in such number as it may determine and delegate generally to these boards its powers to examine into and determine in review all matters relating any of the subjects enumerated in subsection 4.

(6)  Decisions rendered by persons and boards under subsection 5 are governed by subsection 8 and are valid as decisions of the Commission.

(7)  Persons designated under subsection 4 and members of review boards are vested with the powers and the immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to impose imprisonment.

(8)  The Commission shall render its decisions according to equity and upon the real merits and justice of the case; it may, by all legal means which it deems best, inquire into the matters the investigation whereof is attributed to it. Its decisions shall state the grounds on which they are based.

(9)  (Subsection repealed).

(10)  (Subsection repealed).

R. S. 1964, c. 159, s. 59; 1965 (1st sess.), c. 80, a. 1; 1977, c. 42, s. 7; 1978, c. 57, s. 1, s. 33; 1979, c. 63, s. 259; 1985, c. 6, s. 483; 1986, c. 95, s. 10; 1997, c. 43, s. 6; 2006, c. 41, s. 6.

1998-04-01

63. (1)  Subject to section 70 and to the proceeding provided for in section 65, the Commission has exclusive jurisdiction to examine into and determine all matters and questions arising under this Act and to dispose of any other matter or thing in respect of which any power, authority or discretion is conferred upon the Commission.

Except on a matter of jurisdiction, no recourse under article 33 of the Code of Civil Procedure (chapter C-25) or extraordinary recourse within the meaning of the said Code shall lie, nor may any injunction be granted, against the Commission or its members in their official capacity.

A judge of the Court of Appeal may, on a motion, annul by summary procedure any proceeding brought or decision rendered contrary to the provisions of the preceding paragraph.

(2)  Without limiting the generality of the provisions of the preceding subsection 1, the Commission has exclusive jurisdiction to decide:

(a)  the nature of the industry operated by an employer, according to his principal activities;

(b)  the sector of economic activity, the unit or the class of units in which a particular industry or a part, a branch or a subsidiary of such industry is to be included;

(c)  any matter or question relating to the classification of industries, employers’ assessment, medical aid or rehabilitation.

(3)  Except in those cases in which it has delegated its powers in accordance with subsections 4 and 5, the Commission may at any time, with respect to matters within its jurisdiction, reconsider any question decided by it, and rescind, amend or alter its decisions and orders.

(4)  The Commission may delegate generally, to such of its functionaries as it may designate, its powers to examine into and determine all matters and questions respecting the right to an indemnity, the quantum of an indemnity and the degree of impairment of earning capacity.

(5)  The Commission may establish review boards composed of such of its functionaries as it may designate for a term specified in the instrument of designation, in such number as it may determine and delegate generally to these boards its powers to examine into and determine in review all matters relating any of the subjects enumerated in subsection 4.

(6)  Decisions rendered by persons and boards under subsection 5 are governed by subsection 8 and are valid as decisions of the Commission.

(7)  Persons designated under subsection 4 and members of review boards are vested with the powers and the immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), exept the power to impose imprisonment.

(8)  The Commission shall render its decisions according to equity and upon the real merits and justice of the case; it may, by all legal means which it deems best, inquire into the matters the investigation whereof is attributed to it. Its decisions shall state the grounds on which they are based.

(9)  (Subsection repealed).

(10)  (Subsection repealed).

R. S. 1964, c. 159, s. 59; 1965 (1st sess.), c. 80, a. 1; 1977, c. 42, s. 7; 1978, c. 57, s. 1, s. 33; 1979, c. 63, s. 259; 1985, c. 6, s. 483; 1986, c. 95, s. 10; 1997, c. 43, s. 6.

1987-02-15

63. (1)  Subject to section 70 and to the appeal provided for in section 65, the Commission has exclusive jurisdiction to examine into, hear and determine all matters and questions arising under this act and to dispose of any other matter or thing in respect of which any power, authority or discretion is conferred upon the Commission.

None of the extraordinary recourses provided in articles 834 to 850 of the Code of Civil Procedure shall be exercised and no injunction shall be granted against the proceedings and decisions of the Commission or against the Superior Court or any judge thereof homologating such decisions.

(2)  Without limiting the generality of the provisions of the preceding subsection 1, the Commission has exclusive jurisdiction to decide:

(a)  the nature of the industry operated by an employer, according to his principal activities;

(b)  the sector of economic activity, the unit or the class of units in which a particular industry or a part, a branch or a subsidiary of such industry is to be included;

(c)  any matter or question relating to the classification of industries, employers’ assessment, medical aid or rehabilitation.

(3)  Except in those cases in which it has delegated its powers in accordance with subsections 4 and 5, the Commission may at any time, with respect to matters within its jurisdiction, reconsider any question decided by it, and rescind, amend or alter its decisions and orders.

(4)  The Commission may delegate generally, to such of its functionaries as it may designate, its powers to examine into, hear and determine, in first instance, all matters and questions respecting the right to an indemnity, the quantum of an indemnity and the degree of impairment of earning capacity.

(5)  The Commission may establish review boards composed of such of its functionaries as it may designate for a term specified in the instrument of designation, in such number as it may determine and delegate generally to these boards its powers to examine into, hear and determine, in second instance, all matters relating any of the subjects enumerated in subsection 4.

(6)  Decisions rendered by persons and boards under subsection 5 are governed by subsection 8 and are valid as decisions of the Commission.

(7)  Persons designated under subsection 4 and members of review boards are vested with the powers and the immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), exept the power to impose imprisonment.

(8)  The Commission shall render its decisions according to equity and upon the real merits and justice of the case, and shall not be bound to follow the ordinary rules of evidence in civil matters; it may, by all legal means which it deems best, inquire into the matters the investigation whereof is attributed to it. Its decisions shall state the grounds on which they are based.

(9)  A review board may order a party to pay certain costs or to charge them to the Commission; the nature and amount of the costs and the cases or circumstances in or under which they may be awarded are those applicable to review boards established under the Act respecting occupational health and safety (chapter S-2.1) and determined by regulation under that Act.

(10)  The rules of proof, procedure and practice adopted by regulation under the Act respecting occupational health and safety and applicable to review boards established under the said Act apply to review boards established according to subsection 5.

R. S. 1964, c. 159, s. 59; 1965 (1st sess.), c. 80, a. 1; 1977, c. 42, s. 7; 1978, c. 57, s. 1, s. 33; 1979, c. 63, s. 259; 1985, c. 6, s. 483; 1986, c. 95, s. 10.

1985-08-19

63. (1)  Subject to section 70 and to the appeal provided for in section 65, the Commission has exclusive jurisdiction to examine into, hear and determine all matters and questions arising under this act and to dispose of any other matter or thing in respect of which any power, authority or discretion is conferred upon the Commission.

None of the extraordinary recourses provided in articles 834 to 850 of the Code of Civil Procedure shall be exercised and no injunction shall be granted against the proceedings and decisions of the Commission or against the Superior Court or any judge thereof homologating such decisions.

(2)  Without limiting the generality of the provisions of the preceding subsection 1, the Commission has exclusive jurisdiction to decide:

(a)  the nature of the industry operated by an employer, according to his principal activities;

(b)  the sector of economic activity, the unit or the class of units in which a particular industry or a part, a branch or a subsidiary of such industry is to be included;

(c)  any matter or question relating to the classification of industries, employers’ assessment, medical aid or rehabilitation.

(3)  Except in those cases in which it has delegated its powers in accordance with subsections 4 and 5, the Commission may at any time, with respect to matters within its jurisdiction, reconsider any question decided by it, and rescind, amend or alter its decisions and orders.

(4)  The Commission may delegate generally, to such of its functionaries as it may designate, its powers to examine into, hear and determine, in first instance, all matters and questions respecting the right to an indemnity, the quantum of an indemnity and the degree of impairment of earning capacity.

(5)  The Commission may establish review boards composed of such of its functionaries as it may designate, in such number as it may determine and delegate generally to these boards its powers to examine into, hear and determine, in second instance, all matters relating any of the subjects enumerated in subsection 4.

(6)  Decisions rendered by persons and boards under subsection 5 are governed by subsection 8 and are valid as decisions of the Commission.

(7)  Persons designated under subsection 4 and members of review boards are vested with the powers and the immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), exept the power to impose imprisonment.

(8)  The Commission shall render its decisions according to equity and upon the real merits and justice of the case, and shall not be bound to follow the ordinary rules of evidence in civil matters; it may, by all legal means which it deems best, inquire into the matters the investigation whereof is attributed to it. Its decisions shall state the grounds on which they are based.

(9)  A review board may order a party to pay certain costs or to charge them to the Commission; the nature and amount of the costs and the cases or circumstances in or under which they may be awarded are those applicable to review boards established under the Act respecting occupational health and safety (chapter S-2.1) and determined by regulation under that Act.

(10)  The rules of proof, procedure and practice adopted by regulation under the Act respecting occupational health and safety and applicable to review boards established under the said Act apply to review boards established according to subsection 5.

R. S. 1964, c. 159, s. 59; 1965 (1st sess.), c. 80, a. 1; 1977, c. 42, s. 7; 1978, c. 57, s. 1, s. 33; 1979, c. 63, s. 259; 1985, c. 6, s. 483.

1980-03-13

63. (1)  Subject to section 70 and to the appeal provided for in section 65, the Commission has exclusive jurisdiction to examine into, hear and determine all matters and questions arising under this act and to dispose of any other matter or thing in respect of which any power, authority or discretion is conferred upon the Commission.

None of the extraordinary recourses provided in articles 834 to 850 of the Code of Civil Procedure shall be exercised and no injunction shall be granted against the proceedings and decisions of the Commission or against the Superior Court or any judge thereof homologating such decisions.

(2)  Without limiting the generality of the provisions of the preceding subsection 1, the Commission has exclusive jurisdiction to decide:

(a)  the nature of the industry operated by an employer, according to his principal activities;

(b)  the sector of economic activity, the unit or the class of units in which a particular industry or a part, a branch or a subsidiary of such industry is to be included;

(c)  any matter or question relating to the classification of industries, employers’ assessment, medical aid or rehabilitation.

(3)  Except in those cases in which it has delegated its powers in accordance with subsections 4 and 5, the Commission may at any time, with respect to matters within its jurisdiction, reconsider any question decided by it, and rescind, amend or alter its decisions and orders.

(4)  The Commission may delegate generally, to such of its functionaries as it may designate, its powers to examine into, hear and determine, in first instance, all matters and questions respecting the right to an indemnity, the quantum of an indemnity and the degree of impairment of earning capacity.

(5)  The Commission may delegate generally to a review board established pursuant to section 171 of the Act respecting occupational health and safety (chapter S-2.1) its powers to examine, hear and decide, in second instance, all matters and questions respecting any matter in subsection 4.

(6)  Decisions rendered by persons and boards under subsection 5 are governed by subsection 8 and are valid as decisions of the Commission.

(7)  (Subsection repealed).

(8)  The Commission shall render its decisions according to equity and upon the real merits and justice of the case, and shall not be bound to follow the ordinary rules of evidence in civil matters; it may, by all legal means which it deems best, inquire into the matters the investigation whereof is attributed to it. Its decisions shall state the grounds on which they are based.

(9)  (Subsection repealed).

R. S. 1964, c. 159, s. 59; 1965 (1st sess.), c. 80, a. 1; 1977, c. 42, s. 7; 1978, c. 57, s. 1, s. 33; 1979, c. 63, s. 259.

1979-01-01

63. (1)  Subject to section 70 and to the appeal provided for in section 65, the Commission has exclusive jurisdiction to examine into, hear and determine all matters and questions arising under this act and to dispose of any other matter or thing in respect of which any power, authority or discretion is conferred upon the Commission.

None of the extraordinary recourses provided in articles 834 to 850 of the Code of Civil Procedure shall be exercised and no injunction shall be granted against the proceedings and decisions of the Commission or against the Superior Court or any judge thereof homologating such decisions.

(2)  Without limiting the generality of the provisions of the preceding subsection 1, the Commission has exclusive jurisdiction to decide:

(a)  the nature of the industry operated by an employer, according to his principal activities;

(b)  the sector of economic activity, the unit or the class of units in which a particular industry or a part, a branch or a subsidiary of such industry is to be included;

(c)  any matter or question relating to the classification of industries, employer’s assessment, medical aid, rehabilitation or prevention.

(3)  Except in those cases in which it has delegated its powers in accordance with subsections 4 and 5, the Commission may at any time, with respect to matters within its jurisdiction, reconsider any question decided by it, and rescind, amend or alter its decisions and orders.

(4)  The Commission may delegate generally, to such of its functionaries as it may designate, its powers to examine into, hear and determine, in first instance, all matters and questions respecting the right to an indemnity, the quantum of an indemnity and the degree of impairment of earning capacity.

(5)  The Commission may establish review boards, composed of such of its functionaries as it may designate, in such number as it may determine, and delegate generally to them its powers to examine into, hear and determine, in second instance, all matters and questions respecting any matter in subsection 4.

(6)  Persons designated under subsection 4 and review boards have the powers vested in the Commission by section 66; their decisions are governed by subsection 8 and are valid as decisions of the Commission.

(7)  Persons designated under subsection 4 and members of the review boards have, in the exercise of their powers, the immunity and privileges granted to commissioners under subsection 9.

(8)  The Commission shall render its decisions according to equity and upon the real merits and justice of the case, and shall not be bound to follow the ordinary rules of evidence in civil matters; it may, by all legal means which it deems best, inquire into the matters the investigation whereof is attributed to it. Its decisions shall state the grounds on which they are based.

(9)  The commissioners shall enjoy the same immunity and the same privileges as are conferred upon judges of the Superior Court, for any act done or omitted in the execution of their duties.

R. S. 1964, c. 159, s. 59; 1965 (1st sess.), c. 80, a. 1; 1977, c. 42, s. 7; 1978, c. 57, s. 1, s. 33.

1977-12-31

63. (1)  Subject to section 70 and to the appeal provided for in section 65, the Commission has exclusive jurisdiction to examine into, hear and determine all matters and questions arising under this act and to dispose of any other matter or thing in respect of which any power, authority or discretion is conferred upon the Commission.

None of the extraordinary recourses provided in articles 834 to 850 of the Code of Civil Procedure shall be exercised and no injunction shall be granted against the proceedings and decisions of the Commission or against the Superior Court or any judge thereof homologating such decisions.

(2)  Without limiting the generality of the provisions of the preceding subsection 1, the Commission shall have exclusive jurisdiction to determine:

(a)  whether any industry or any part, branch or department of any industry falls within Schedule B, and, if so, in what class;

(b)  whether any industry or any part, branch or department of any industry falls within Schedule C, and, if so, in what class;

(c)  whether any part of any such industry constitutes a part, branch or department of an industry within the meaning of this act.

(3)  Except in those cases in which it has delegated its powers in accordance with subsections 4 and 5, the Commission may at any time, with respect to matters within its jurisdiction, reconsider any question decided by it, and rescind, amend or alter its decisions and orders.

(4)  The Commission may delegate generally, to such of its functionaries as it may designate, its powers to examine into, hear and determine, in first instance, all matters and questions respecting the right to compensation, the quantum of compensation and the degree of impairment of earning capacity.

(5)  The Commission may establish review boards, composed of such of its functionaries as it may designate, in such number as it may determine, and delegate generally to them its powers to examine into, hear and determine, in second instance, all matters and questions respecting any matter in subsection 4.

(6)  Persons designated under subsection 4 and review boards have the powers vested in the Commission by section 66; their decisions are governed by subsection 8 and are valid as decisions of the Commission.

(7)  Persons designated under subsection 4 and members of the review boards have, in the exercise of their powers, the immunity and privileges granted to commissioners under subsection 9.

(8)  The Commission shall render its decisions according to equity and upon the real merits and justice of the case, and shall not be bound to follow the ordinary rules of evidence in civil matters; it may, by all legal means which it deems best, inquire into the matters the investigation whereof is attributed to it. Its decisions shall state the grounds on which they are based.

(9)  The commissioners shall enjoy the same immunity and the same privileges as are conferred upon judges of the Superior Court, for any act done or omitted in the execution of their duties.

R. S. 1964, c. 159, s. 59; 1965 (1st sess.), c. 80, a. 1; 1977, c. 42, s. 7.