Acts and Regulations

W-13 - Workers’ Compensation Act

Full text
Payment of compensation or benefits
38.91(1)If a worker is receiving compensation or benefits payable by the Commission under section 38.11 or 38.2 and begins to receive a disability pension under the Canada Pension Plan after the injury or recurrence of an injury, any compensation or benefits payable by the Commission under section 38.11 or 38.2 shall be reduced by that proportion of the amount the worker receives under the Canada Pension Plan that the estimated loss of earnings bears to the average net earnings, as determined by the Commission.
38.91(1.01)Where a worker receives a retroactive payment under the Canada Pension Plan with respect to an injury or recurrence of an injury and the compensation or benefits paid by the Commission under section 38.11 or 38.2 to the worker have not been reduced under subsection (1) and where the worker assigns the payment to the Commission and subsequently pays income tax on the amount assigned, the Commission shall reimburse the worker, from the Accident Fund, an amount which, in the opinion of the Commission, is equivalent to the income tax the worker paid on the amount assigned.
38.91(1.1)Any compensation or benefits payable by the Commission under section 38.51, 38.52, 38.53 or 38.6 to a dependent, other than a dependent child, shall be reduced by the amount that person is entitled to receive under the Canada Pension Plan relative to the death.
38.91(2)The Commission may provide in each case that compensation or benefits may be paid weekly, bi-weekly or monthly, or may fix any other basis of payment.
38.91(3)Where the Commission determines that dependents do not live together as a family unit, the Commission may, in its discretion, divide the benefits mentioned in sections 38.51, 38.52, 38.53, 38.6 and 38.8 among those dependents as it considers just and equitable.
38.91(4)When there are both total and partial dependents, the compensation or benefits may be allotted partly to the total and partly to the partial dependents, as the Commission may in its discretion provide.
38.91(5)Where a worker is entitled to compensation and it is made to appear to the Commission that an order has been made against the worker by a court of competent jurisdiction in this Province or in any other province or territory of Canada for the maintenance of the worker’s spouse, child or other dependent, the Commission may divert the payment of compensation, in whole or in part, from the worker for the benefit of the spouse, child, or other dependent.
38.91(5.1)Where a worker is entitled to compensation and it is made to appear to the Commission that the worker is incarcerated, the Commission may divert the payment of compensation, in whole or in part, from the worker for the benefit of a dependent during the period of the worker’s incarceration.
38.91(6)In no case shall the total benefits paid to all dependents of a worker exceed the compensation which would have been payable to the worker had he been totally unable to work if he had survived.
38.91(7)Where a person is being paid or is entitled to be paid benefits in respect of the death of a worker and subsequently becomes entitled to be paid benefits in respect of the death of another worker, that person shall be paid only the greater of the benefit payments that he is entitled to be paid.
38.91(8)Repealed: 1992, c.34, s.16
1981, c.80, s.15; 1982, c.67, s.4; 1989, c.65, s.15; 1992, c.34, s.16; 1994, c.70, s.12; 1998, c.4, s.13; 2001, c.36, s.9; 2019, c.16, s.7
Payment of compensation or benefits
38.91(1)Any compensation or benefits payable by the Commission under section 38.11 or 38.2 to a worker shall be reduced by the same proportion of the amount the worker receives under the Canada Pension Plan with respect to the injury or recurrence of the injury, that the estimated loss of earnings bears to the average net earnings.
38.91(1.01)Where a worker receives a retroactive payment under the Canada Pension Plan with respect to an injury or recurrence of an injury and the compensation or benefits paid by the Commission under section 38.11 or 38.2 to the worker have not been reduced under subsection (1) and where the worker assigns the payment to the Commission and subsequently pays income tax on the amount assigned, the Commission shall reimburse the worker, from the Accident Fund, an amount which, in the opinion of the Commission, is equivalent to the income tax the worker paid on the amount assigned.
38.91(1.1)Any compensation or benefits payable by the Commission under section 38.51, 38.52, 38.53 or 38.6 to a dependent, other than a dependent child, shall be reduced by the amount that person is entitled to receive under the Canada Pension Plan relative to the death.
38.91(2)The Commission may provide in each case that compensation or benefits may be paid weekly, bi-weekly or monthly, or may fix any other basis of payment.
38.91(3)Where the Commission determines that dependents do not live together as a family unit, the Commission may, in its discretion, divide the benefits mentioned in sections 38.51, 38.52, 38.53, 38.6 and 38.8 among those dependents as it considers just and equitable.
38.91(4)When there are both total and partial dependents, the compensation or benefits may be allotted partly to the total and partly to the partial dependents, as the Commission may in its discretion provide.
38.91(5)Where a worker is entitled to compensation and it is made to appear to the Commission that an order has been made against the worker by a court of competent jurisdiction in this Province or in any other province or territory of Canada for the maintenance of the worker’s spouse, child or other dependent, the Commission may divert the payment of compensation, in whole or in part, from the worker for the benefit of the spouse, child, or other dependent.
38.91(5.1)Where a worker is entitled to compensation and it is made to appear to the Commission that the worker is incarcerated, the Commission may divert the payment of compensation, in whole or in part, from the worker for the benefit of a dependent during the period of the worker’s incarceration.
38.91(6)In no case shall the total benefits paid to all dependents of a worker exceed the compensation which would have been payable to the worker had he been totally unable to work if he had survived.
38.91(7)Where a person is being paid or is entitled to be paid benefits in respect of the death of a worker and subsequently becomes entitled to be paid benefits in respect of the death of another worker, that person shall be paid only the greater of the benefit payments that he is entitled to be paid.
38.91(8)Repealed: 1992, c.34, s.16
1981, c.80, s.15; 1982, c.67, s.4; 1989, c.65, s.15; 1992, c.34, s.16; 1994, c.70, s.12; 1998, c.4, s.13; 2001, c.36, s.9
Payment of compensation or benefits
38.91(1)Any compensation or benefits payable by the Commission under section 38.11 or 38.2 to a worker shall be reduced by the same proportion of the amount the worker receives under the Canada Pension Plan with respect to the injury or recurrence of the injury, that the estimated loss of earnings bears to the average net earnings.
38.91(1.01)Where a worker receives a retroactive payment under the Canada Pension Plan with respect to an injury or recurrence of an injury and the compensation or benefits paid by the Commission under section 38.11 or 38.2 to the worker have not been reduced under subsection (1) and where the worker assigns the payment to the Commission and subsequently pays income tax on the amount assigned, the Commission shall reimburse the worker, from the Accident Fund, an amount which, in the opinion of the Commission, is equivalent to the income tax the worker paid on the amount assigned.
38.91(1.1)Any compensation or benefits payable by the Commission under section 38.51, 38.52, 38.53 or 38.6 to a dependent, other than a dependent child, shall be reduced by the amount that person is entitled to receive under the Canada Pension Plan relative to the death.
38.91(2)The Commission may provide in each case that compensation or benefits may be paid weekly, bi-weekly or monthly, or may fix any other basis of payment.
38.91(3)Where the Commission determines that dependents do not live together as a family unit, the Commission may, in its discretion, divide the benefits mentioned in sections 38.51, 38.52, 38.53, 38.6 and 38.8 among those dependents as it considers just and equitable.
38.91(4)When there are both total and partial dependents, the compensation or benefits may be allotted partly to the total and partly to the partial dependents, as the Commission may in its discretion provide.
38.91(5)Where a worker is entitled to compensation and it is made to appear to the Commission that an order has been made against the worker by a court of competent jurisdiction in this Province or in any other province or territory of Canada for the maintenance of the worker’s spouse, child or other dependent, the Commission may divert the payment of compensation, in whole or in part, from the worker for the benefit of the spouse, child, or other dependent.
38.91(5.1)Where a worker is entitled to compensation and it is made to appear to the Commission that the worker is incarcerated, the Commission may divert the payment of compensation, in whole or in part, from the worker for the benefit of a dependent during the period of the worker’s incarceration.
38.91(6)In no case shall the total benefits paid to all dependents of a worker exceed the compensation which would have been payable to the worker had he been totally unable to work if he had survived.
38.91(7)Where a person is being paid or is entitled to be paid benefits in respect of the death of a worker and subsequently becomes entitled to be paid benefits in respect of the death of another worker, that person shall be paid only the greater of the benefit payments that he is entitled to be paid.
38.91(8)Repealed: 1992, c.34, s.16
1981, c.80, s.15; 1982, c.67, s.4; 1989, c.65, s.15; 1992, c.34, s.16; 1994, c.70, s.12; 1998, c.4, s.13; 2001, c.36, s.9