1The following definitions apply in this Act.
“Appeals Tribunal” means the Appeals Tribunal established under the Workplace Health, Safety and Compensation Commission Act.(Tribunal d’appel)
“average earnings” means the daily, weekly, monthly or other regular remuneration that a firefighter or former firefighter was receiving at the time of disablement, or receiving previously, or at the time of loss of earnings, or at the time of death, as may appear to the Commission best to represent the earnings of the firefighter or former firefighter, unless he or she was under the age of 21 years and it is established to the satisfaction of the Commission that under normal circumstances the earnings would probably increase, in which case this fact should be considered in determining his or her average earnings, and in no case shall average earnings exceed the maximum annual earnings.(gains moyens)
“average net earnings” means the average earnings, less any income tax and premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that would be payable on those earnings.(gains moyens net)
“Commission” means the Workplace Health, Safety and Compensation Commission established under the Workplace Health, Safety and Compensation Commission Act.(Commission)
“dependant” means a member of the family of a firefighter or former firefighter who was wholly or partly dependent upon his or her earnings at the time of his or her death or who, but for the disablement of the firefighter or former firefighter, would have been so dependent.(personne à charge)
“Disability Fund” means the Disability Fund referred to and defined in the Workplace Health, Safety and Compensation Commission Act.(caisse d’indemnisation)
“disablement” means a disability arising from a heart attack or a prescribed disease under the circumstances prescribed in section 5.(invalidité)
“firefighter” means a person who is employed or serves as a firefighter with a municipality or rural community or who serves as a firefighter with a fire brigade that provides fire protection services in a local service district or in a rural community.(pompier)
“Firefighters’ Pension Fund” means the fund provided for the payment of pensions in accordance with sections 19 and 26.(caisse de retraite des pompiers)
“loss of earnings” means
(perte de gains)
(a)
average net earnings, less
(b)
the earnings the firefighter or former firefighter is estimated to be capable of earning at a suitable occupation after becoming disabled, less any income tax and premiums under the
Employment Insurance Act (Canada) and contributions under the
Canada Pension Plan Act (Canada) that would be payable based on those earnings.
“maximum annual earnings” means the amount set under section 3.(gains annuel maximum)
“member of the family” includes a spouse, father, mother, grandfather, grandmother, stepfather, stepmother, son, daughter, grandson, granddaughter, stepson, stepdaughter, brother, sister, half-brother and half-sister, and a person who stood in loco parentis whether related to the firefighter or former firefighter by consanguinity or not.(membre de la famille)
“New Brunswick Industrial Aggregate Earnings” means the amount set by the Commission as of the first day of January of each year, which shall be equal to $35,488 for the year 2007 and which is increased by the percentage increase in the Consumer Price Index for Canada for all items for the 12 month period ending the thirtieth day of June in each year as determined by the Commission in August of each year on the basis of monthly reports published in that respect by Statistics Canada for that period.(gains pour l’ensemble des activités économiques au Nouveau-Brunswick)
“prescribed disease” means a disease prescribed by the regulations.(maladie reconnue)
“prior earnings” means the daily, weekly, monthly or regular remuneration that a firefighter or former firefighter was receiving at the time of the disablement, as may appear to the Commission best to represent the earnings of the firefighter or former firefighter.(gains avant l’invalidité)
“prior net earnings” means prior earnings, less any income tax and premiums under the Employment Insurance Act (Canada) and contributions under the Canada Pension Plan Act (Canada) that would be payable on those earnings.(gains net avant l’invalidité )
“spouse” means a person who, at the time of the death of the firefighter or former firefighter,
(conjoint)
(a)
was married to and was cohabiting with the firefighter or former firefighter, or
(b)
was not married to but was cohabiting with the firefighter or former firefighter in a conjugal relationship and had, immediately before the death of the firefighter or former firefighter, been cohabiting
(i)
for not less than 3 years, or
(ii)
for not less than one year if a child of whom the person and the firefighter or former firefighter are the natural parents had been or is to be born.