Acts and Regulations

F-12.5 - Firefighters’ Compensation Act

Section 49
Disposition versions

Full text
Review of Commission proceedings
49(1)Except as provided in sections 41 and 42, the Commission has exclusive jurisdiction to examine into, hear and determine all matters and questions arising under this Act and as to any matter or thing in respect of which any power, authority or discretion is conferred upon the Commission.
49(2)An action or decision of the Commission is final and conclusive and shall not be open to question or review in any court, and no proceedings by or before the Commission shall be restrained by injunction or other process or proceeding in any court.
49(3)Without limiting the generality of the provisions of subsections (1) and (2), such exclusive jurisdiction extends to determining
(a) the existence of, and degree of, disability by reason of having a heart attack or prescribed disease,
(b) the entitlement of a firefighter or former firefighter to compensation or benefits,
(c) the permanence of a disability by reason of having a heart attack or prescribed disease,
(d) the amount of average earnings, average net earnings, loss of earnings, net family income and an amount for a permanent physical impairment arising out of a disability by reason of having a heart attack or prescribed disease,
(e) the degree of diminution of earning capacity by reason of having a heart attack or prescribed disease,
(f) the existence of the relationship of a member of the family, and
(g) the existence of dependency.
49(4)The decisions of the Commission shall be upon the real merits of the case, and it is not bound to follow strict legal precedent.