Bill C-357: An Act to amend the Government Employees Compensation Act

R.S., c. G- 5 Government Employees Compensation Act 1 (1) The definitions accident , compensation and industrial illness in section 2 of the Government Employees Compensation Act are replaced by the following: accident  includes a single or series of wilful and intentional acts, not being the acts of the employee, and a single or series of fortuitous events occasioned by a physical or natural cause; ( accident ) compensation  includes medical and hospital expenses and any other benefits, expenses or allowances that are authorized under this Act or by the law of the province where the employee is usually employed respecting compensation for workers and the dependants of deceased workers ; ( indemnité ) industrial disease  means any disease, illness or condition caused by exposure to a dangerous substance, workplace hazard or other unsafe condition in the workplace; ( maladie professionnelle ) (2) Paragraph (d) of the definition employee in section 2 of the Act is replaced by the following: (d) any person who is employed by any department, corporation or other body that is established to perform a function or duty on the Government of Canada’s behalf, who is on leave of absence and, for the purpose of increasing the skills used in the performance of their duties, is taking a training course that is approved by the Minister for that purpose, and (3) Section 2 of the Act is amended by adding the following in alphabetical order: public safety employee  means an employee whose work relates to public safety and security, national security or criminal justice and who performs duties or functions, or carries out responsibilities, such as (a) first, frontline or emergency response; (b) law enforcement; (c) search and rescue; (d) emergency medical services; (e) dispatch and communications; (f) fire protection and prevention; (g) direct interaction or engagement with accused persons, inmates or offenders in a capacity such as management, supervision or intervention; (h) indirect interaction or engagement with accused persons, inmates or offenders in a capacity such as the processing of evidence, the management and handling of file information relating to a criminal offence or criminal history or the provision of support to workers, courts or governmental institutions in the course of their interactions with accused persons, inmates or offenders; (i) provision of services and support to victims of crime, regardless of whether the perpetrator is identified or charged; or (j) any other prescribed duties, functions and responsibilities. ( agent de la sécurité publique ) 2 Subsection 3(2) of the Act is replaced by the following: Application (2) This Act applies in respect of an accident occurring or a disease contracted, as well as an employment held , within or outside Canada. 3 (1) Subparagraph 4(1)(a)(i) of the English version of the Act is replaced by the following: (i) is caused personal injury by an accident arising out of and in the course of their employment, (2) Paragraph 4(1)(a) is amended by adding the following after subparagraph (i): (i.1) being a public safety employee, develops a mental health disorder from the circumstances of their employment, or (3) Paragraph 4(1)(b) of the Act is replaced by the following: (b) the dependants of such an employee whose death results from such an accident, circumstances or industrial disease. (4) Section 4 of the Act is amended by adding the following after subsection (1): Presumed cause of mental health disorder (1.1) For the purpose of subparagraph (1)(a)(i.1), a mental health disorder developed by a public safety employee shall, unless the contrary is proved, be presumed to be caused by the circumstances of the public safety employee’s employment if the disorder is diagnosed by a prescribed medical professional as related to the employment. (5) The portion of subsection 4(2) of the Act before paragraph (a) is replaced by the following: Rate of compensation (2) The employee or the dependants referred to in subsection (1) are, notwithstanding the nature or class of the employment, entitled to receive compensation at the same rate as are provided under the law of the province where the employee is usually employed respecting compensation for workers and the dependants of deceased workers , employed by persons other than His Majesty, who (6) Subsection 4(2) is amended by striking out "or" at the end of paragraph (a) and by adding the following after that paragraph: (a.1) develop mental health disorders in that province from the circumstances of their employment; or (7) The portion of subsection 4(3) of the Act before paragraph (a) is replaced by the following: Administration of compensation (3) Compensation under subsection (1) shall be administered by (8) Paragraph 4(6)(b) of the Act is replaced by the following: (b) to the board, officers, authority or court authorized by the law of any province or under this Act to administer compensation cases, such amount as an accountable advance in respect of compensation or costs that may be awarded under this Act as, in the opinion of the Treasury Board, is expedient; (9) Section 4 of the Act is amended by adding the following after subsection (6): Definitions (7) The following definitions apply in this section. mental health disorder  includes any mental or psychological disease, illness or condition or emotional distress; ( trouble de santé mentale ) prescribed  means prescribed by regulation. (Version anglaise seulement) 4 (1) Subparagraph 7(2)(a)(i) of the English version of the Act is replaced by the following: (i) is caused personal injury by an accident arising out of and in the course of their employment, (2) Paragraph 7(2)(a) is amended by adding the following after subparagraph (i): (i.1) being a public safety employee, develops a mental health disorder from the circumstances of their employment, or (3) Paragraph 7(2)(b) of the Act is replaced by the following: (b) the dependants of such an employee whose death results from such an accident, circumstances or disease, 5 Section 8 of the Act is amended by adding the following after subsection (2): Regulations — presumptive mental health disorder (3) The Governor in Council may make regulations prescribing medical professionals for the purpose of subsection 4(1.1) and prescribing duties, functions and responsibilities for the purpose of paragraph (j) of the definition public safety employee in section 2. 6 Subsection 9(1) of the Act is replaced by the following: Election of claims 9 (1) If, owing to an accident that happens to an employee in the course of their employment or, in the case of a public safety employee who develops a mental health disorder, owing to the circumstances of their employment, the employee or their dependants are entitled to bring an action against a third party, the employee or their dependants, if they are entitled to compensation under this Act, may claim compensation under it or may make a claim against the third party. 7 Subsection 9.1(4) of the Act is replaced by the following: Portion of excess payable to employee (4) If an action is brought under subsection (3) and the amount recovered and collected exceeds the amount of compensation to which the employee or their dependants are entitled under this Act, the employer shall pay to the employee or their dependants any portion of the excess that remains after the employer recovers its costs, but if after that payment has been made the employee becomes entitled to an additional amount of compensation in respect of the same accident or, in the case of a public safety employee, in respect of the same circumstances , the amount paid under this subsection may be deducted from the additional compensation. 8 Subsection 9.2(4) of the Act is replaced by the following: Portion of excess payable to employee (4) If an action is brought under subsection (3) and the amount recovered and collected exceeds the amount of compensation to which the employee or their dependants are entitled under this Act, there shall be paid out of the Consolidated Revenue Fund to the employee or their dependants any portion of the excess that the Minister with the approval of the Treasury Board considers necessary, but if after that payment has been made the employee becomes entitled to an additional amount of compensation in respect of the same accident or, in the case of a public safety employee, in respect of the same circumstances , the amount paid under this subsection may be deducted from the additional compensation. 9 Section 11 of the Act is replaced by the following: Notice of election 11 Notice of an election under section 9 shall be given within three months after the happening of the accident or, in the case of a public safety employee who develops a mental health disorder from the circumstances of their employment, within three months after the cessation of the employment, and , in the case of an accident or circumstances resulting in death, within three months after the death, or within such longer period as may be allowed either before or after the expiration of the three months by the board, officers, authority or court having power to determine the right to and the amount of the compensation under this Act. 10 Section 12 of the Act is repealed. 11 Section 15 of the Act is replaced by the following: Death of employee at place other than that of employment 15 If the death of an employee results from an accident arising out of and in the course of their employment, or, in the case of a public safety employee who develops a mental health disorder from the circumstances of their employment, the death results from those circumstances , at a place other than the place where the employee is usually employed and the reasonable additional expenses incurred by reason of the death occurring at that other place exceed the amount of compensation to which the employee’s dependants are entitled for those expenses under this Act, there may be paid out of the Consolidated Revenue Fund such sum as the Minister, with the approval of the Treasury Board, deems necessary to pay any portion of the excess. 12 The Act is amended by replacing the word “workmen” with the word “workers” in the following provisions: (a) paragraphs 4(3)(a) and (6)(d); and (b) subsection 7(1) and the portion of subsection 7(2) after paragraph (b).