A-3 - Workers’ Compensation Act

Section 2 Disposition versions

2021-01-25

2. (1)  In this Act, unless the context indicates otherwise,

(a)  “accident” means an unexpected and sudden event, attributable to any cause, which befalls a person, arising out of or in the course of his work, resulting in his injury, illness or death;

(b)  “skilled tradesman” means a person who, in the course of his business, alone, as part of a team or in partnership, for his own account and without any worker in his service, performs work;

(c)  “beneficiary” means a worker or a dependent person;

(d)  “Commission” means the Commission de la santé et de la sécurité du travail established under the Act respecting occupational health and safety (chapter S‐2.1);

(e)  “spouses” means

(A)  two persons who are married or in a civil union and who live together, or

(B)  two persons, of opposite sex or the same sex, who live together in a de facto union and who at the time of the accident

i.  had been living together for three years or for one year if a child was born of their union, and

ii.  were publicly represented as spouses;

(f)  “employment” means an occupation productive of income carried on in an industry;

(g)  “employer” means a person having in his service, under a contract of employment or apprenticeship, a worker in an employment in or about an industry; the employer who lends the services of a worker temporarily remains the employer of that worker for such time as those services are so lent;

(h)  “accident fund” means the accident fund established under section 79;

(i)  “industry” means an establishment, undertaking, trade or service;

(j)  “invalid” means a person who is physically or mentally incapable of earning;

(k)  “occupational disease” means a disease contracted out of or in the course of work and recognized by the Commission as characteristic of certain work or directly linked with the specific risks of certain work;

(l)  “dependent person” means

(1)  a spouse;

(2)  a person who is or was married to or in a civil union with the worker and

i.  is separated de facto or legally or whose marriage to or civil union with the worker has been dissolved or declared null by a final judgment or whose civil union with the worker has been dissolved by a notarized joint declaration of dissolution; and

ii.  who, at the time of the accident, was entitled to receive from the worker alimony under a judgment or an agreement;

(3)  a child of the worker, less than 18 years of age;

(4)  a child of the worker, more than 18 years of age, who regularly attends a teaching institution in accordance with the terms and conditions provided for by regulation or who is an invalid;

(5)  another person related by blood to the worker and any stranger to whom the worker stood in loco parentis or who stood in loco parentis to the worker and who, at the time of the accident, was wholly or partly dependent upon the worker’s income in accordance with the criteria provided for by regulation;

(m)  “benefit” means an indemnity paid in money, financial assistance or services furnished under this Act;

(m.1)  “health professional” means a professional within the meaning of the Health Insurance Act (chapter A-29) and any other professional within the meaning of the Professional Code (chapter C-26) determined by regulation of the Commission;

(n)  “regulation” means a regulation made by the Commission and approved by the Government under this Act;

(o)  “income” means the annual gross earnings, up to the maximum rate of annual earnings established under section 46, made by the worker in the employment during which he has been injured or has died;

(p)  “weighted net income” means the income of the worker less the deductions weighted by income brackets established annually by regulation, taking into account family situations specified by regulation and taking into consideration, for those purposes, the Taxation Act (chapter I‐3), the Income Tax Act (R.S.C. 1985, c. 1 (5th Suppl.)), the Employment Insurance Act (S.C. 1996, c. 23), the Act respecting parental insurance (chapter A‐29.011) and the Act respecting the Québec Pension Plan (chapter R‐9);

(q)  “worker” means a person who, under a contract of employment or apprenticeship, performs work for remuneration for an employer, including,

i.  a skilled tradesman who, for a person operating an industry, performs work connected with that industry, in the cases or circumstances and on the terms and conditions prescribed by regulation;

ii.  a student who, under the responsibility of a teaching institution, undergoes a non-remunerated training period in an industry;

iii.  a person who performs non-remunerated work in an industry, in the cases and in accordance with the terms and conditions provided for by regulation.

(2)  The following shall be deemed employers, on the same footing as individuals, and be subject to the authority of this Act:

(a)  the Gouvernement du Québec and any permanent commission of such Government;

(b)  municipalities, school boards and the Conseil scolaire de l’île de Montréal;

(c)  public service commissions;

(d)  commissions operating an industry or service for municipal purposes; and

(e)  subject to the Government Employees Compensation Act (R.S.C. 1985, c. G-5), the Government of Canada and its services.

R. S. 1964, c. 159, s. 2; 1972, c. 60, s. 31; 1977, c. 5, s. 14; 1977, c. 42, s. 1; 1978, c. 57, s. 3; 1979, c. 63, s. 251; 1979, c. 63, s. 329; 1999, c. 14, s. 1; 2002, c. 6, s. 74; 2005, c. 13, s. 74; 2020, c. 6, s. 4.

2006-01-01

2. (1)  In this Act, unless the context indicates otherwise,

(a)  “accident” means an unexpected and sudden event, attributable to any cause, which befalls a person, arising out of or in the course of his work, resulting in his injury, illness or death;

(b)  “skilled tradesman” means a person who, in the course of his business, alone, as part of a team or in partnership, for his own account and without any worker in his service, performs work;

(c)  “beneficiary” means a worker or a dependent person;

(d)  “Commission” means the Commission de la santé et de la sécurité du travail established under the Act respecting occupational health and safety (chapter S‐2.1);

(e)  “spouses” means

(A)  two persons who are married or in a civil union and who live together, or

(B)  two persons, of opposite sex or the same sex, who live together in a de facto union and who at the time of the accident

i.  had been living together for three years or for one year if a child was born of their union, and

ii.  were publicly represented as spouses;

(f)  “employment” means an occupation productive of income carried on in an industry;

(g)  “employer” means a person having in his service, under a contract of employment or apprenticeship, a worker in an employment in or about an industry; the employer who lends the services of a worker temporarily remains the employer of that worker for such time as those services are so lent;

(h)  “accident fund” means the accident fund established under section 79;

(i)  “industry” means an establishment, undertaking, trade or service;

(j)  “invalid” means a person who is physically or mentally incapable of earning;

(k)  “occupational disease” means a disease contracted out of or in the course of work and recognized by the Commission as characteristic of certain work or directly linked with the specific risks of certain work;

(l)  “dependent person” means

(1)  a spouse;

(2)  a person who is or was married to or in a civil union with the worker and

i.  is separated de facto or legally or whose marriage to or civil union with the worker has been dissolved or declared null by a final judgment or whose civil union with the worker has been dissolved by a notarized joint declaration of dissolution; and

ii.  who, at the time of the accident, was entitled to receive from the worker alimony under a judgment or an agreement;

(3)  a child of the worker, less than 18 years of age;

(4)  a child of the worker, more than 18 years of age, who regularly attends a teaching institution in accordance with the terms and conditions provided for by regulation or who is an invalid;

(5)  another person related by blood to the worker and any stranger to whom the worker stood in loco parentis or who stood in loco parentis to the worker and who, at the time of the accident, was wholly or partly dependent upon the worker’s income in accordance with the criteria provided for by regulation;

(m)  “benefit” means an indemnity paid in money, financial assistance or services furnished under this Act;

(n)  “regulation” means a regulation made by the Commission and approved by the Government under this Act;

(o)  “income” means the annual gross earnings, up to the maximum rate of annual earnings established under section 46, made by the worker in the employment during which he has been injured or has died;

(p)  “weighted net income” means the income of the worker less the deductions weighted by income brackets established annually by regulation, taking into account family situations specified by regulation and taking into consideration, for those purposes, the Taxation Act (chapter I‐3), the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), the Employment Insurance Act (Statutes of Canada, 1996, chapter 23), the Act respecting parental insurance (chapter A‐29.011) and the Act respecting the Québec Pension Plan (chapter R‐9);

(q)  “worker” means a person who, under a contract of employment or apprenticeship, performs work for remuneration for an employer, including,

i.  a skilled tradesman who, for a person operating an industry, performs work connected with that industry, in the cases or circumstances and on the terms and conditions prescribed by regulation;

ii.  a student who, under the responsibility of a teaching institution, undergoes a non-remunerated training period in an industry;

iii.  a person who performs non-remunerated work in an industry, in the cases and in accordance with the terms and conditions provided for by regulation.

(2)  The following shall be deemed employers, on the same footing as individuals, and be subject to the authority of this Act:

(a)  the Gouvernement du Québec and any permanent commission of such Government;

(b)  municipalities, school boards and the Conseil scolaire de l’île de Montréal;

(c)  public service commissions;

(d)  commissions operating an industry or service for municipal purposes; and

(e)  subject to the Government Employees Compensation Act (Revised Statutes of Canada, 1985, chapter G-5), the Government of Canada and its services.

R. S. 1964, c. 159, s. 2; 1972, c. 60, s. 31; 1977, c. 5, s. 14; 1977, c. 42, s. 1; 1978, c. 57, s. 3; 1979, c. 63, s. 251; 1979, c. 63, s. 329; 1999, c. 14, s. 1; 2002, c. 6, s. 74; 2005, c. 13, s. 74.

2002-06-24

2. (1)  In this Act, unless the context indicates otherwise,

(a)  “accident” means an unexpected and sudden event, attributable to any cause, which befalls a person, arising out of or in the course of his work, resulting in his injury, illness or death;

(b)  “skilled tradesman” means a person who, in the course of his business, alone, as part of a team or in partnership, for his own account and without any worker in his service, performs work;

(c)  “beneficiary” means a worker or a dependent person;

(d)  “Commission” means the Commission de la santé et de la sécurité du travail established under the Act respecting occupational health and safety (chapter S-2.1);

(e)  “spouses” means

(A)  two persons who are married or in a civil union and who live together, or

(B)  two persons, of opposite sex or the same sex, who live together in a de facto union and who at the time of the accident

i.  had been living together for three years or for one year if a child was born of their union, and

ii.  were publicly represented as spouses;

(f)  “employment” means an occupation productive of income carried on in an industry;

(g)  “employer” means a person having in his service, under a contract of employment or apprenticeship, a worker in an employment in or about an industry; the employer who lends the services of a worker temporarily remains the employer of that worker for such time as those services are so lent;

(h)  “accident fund” means the accident fund established under section 79;

(i)  “industry” means an establishment, undertaking, trade or service;

(j)  “invalid” means a person who is physically or mentally incapable of earning;

(k)  “occupational disease” means a disease contracted out of or in the course of work and recognized by the Commission as characteristic of certain work or directly linked with the specific risks of certain work;

(l)  “dependent person” means

(1)  a spouse;

(2)  a person who is or was married to or in a civil union with the worker and

i.  is separated de facto or legally or whose marriage to or civil union with the worker has been dissolved or declared null by a final judgment or whose civil union with the worker has been dissolved by a notarized joint declaration of dissolution; and

ii.  who, at the time of the accident, was entitled to receive from the worker alimony under a judgment or an agreement;

(3)  a child of the worker, less than 18 years of age;

(4)  a child of the worker, more than 18 years of age, who regularly attends a teaching institution in accordance with the terms and conditions provided for by regulation or who is an invalid;

(5)  another person related by blood to the worker and any stranger to whom the worker stood in loco parentis or who stood in loco parentis to the worker and who, at the time of the accident, was wholly or partly dependent upon the worker’s income in accordance with the criteria provided for by regulation;

(m)  “benefit” means an indemnity paid in money, financial assistance or services furnished under this Act;

(n)  “regulation” means a regulation made by the Commission and approved by the Government under this Act;

(o)  “income” means the annual gross earnings, up to the maximum rate of annual earnings established under section 46, made by the worker in the employment during which he has been injured or has died;

(p)  “weighted net income” means the income of the worker less the deductions weighted by income brackets established annually by regulation, taking into account family situations specified by regulation and taking into consideration, for those purposes, the Taxation Act (chapter I-3), the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), the Employment Insurance Act (Statutes of Canada, 1996, chapter 23) and the Act respecting the Québec Pension Plan (chapter R-9);

(q)  “worker” means a person who, under a contract of employment or apprenticeship, performs work for remuneration for an employer, including,

i.  a skilled tradesman who, for a person operating an industry, performs work connected with that industry, in the cases or circumstances and on the terms and conditions prescribed by regulation;

ii.  a student who, under the responsibility of a teaching institution, undergoes a non-remunerated training period in an industry;

iii.  a person who performs non-remunerated work in an industry, in the cases and in accordance with the terms and conditions provided for by regulation.

(2)  The following shall be deemed employers, on the same footing as individuals, and be subject to the authority of this Act:

(a)  the Gouvernement du Québec and any permanent commission of such Government;

(b)  municipalities, school boards and the Conseil scolaire de l’île de Montréal;

(c)  public service commissions;

(d)  commissions operating an industry or service for municipal purposes; and

(e)  subject to the Government Employees Compensation Act (Revised Statutes of Canada, 1985, chapter G-5), the Government of Canada and its services.

R. S. 1964, c. 159, s. 2; 1972, c. 60, s. 31; 1977, c. 5, s. 14; 1977, c. 42, s. 1; 1978, c. 57, s. 3; 1979, c. 63, s. 251; 1979, c. 63, s. 329; 1999, c. 14, s. 1; 2002, c. 6, s. 74.

2002-04-01

2. (1)  In this Act, unless the context indicates otherwise,

(a)  “accident” means an unexpected and sudden event, attributable to any cause, which befalls a person, arising out of or in the course of his work, resulting in his injury, illness or death;

(b)  “skilled tradesman” means a person who, in the course of his business, alone, as part of a team or in partnership, for his own account and without any worker in his service, performs work;

(c)  “beneficiary” means a worker or a dependent person;

(d)  “Commission” means the Commission de la santé et de la sécurité du travail established under the Act respecting occupational health and safety (chapter S-2.1);

(e)  “consorts” means

(A)  two persons who are married to each other and live together, or

(B)  two persons, of opposite sex or the same sex, who live together in a de facto union and who at the time of the accident

i.  had been living together for three years or for one year if a child was born of their union, and

ii.  were publicly represented as consorts;

(f)  “employment” means an occupation productive of income carried on in an industry;

(g)  “employer” means a person having in his service, under a contract of employment or apprenticeship, a worker in an employment in or about an industry; the employer who lends the services of a worker temporarily remains the employer of that worker for such time as those services are so lent;

(h)  “accident fund” means the accident fund established under section 79;

(i)  “industry” means an establishment, undertaking, trade or service;

(j)  “invalid” means a person who is physically or mentally incapable of earning;

(k)  “occupational disease” means a disease contracted out of or in the course of work and recognized by the Commission as characteristic of certain work or directly linked with the specific risks of certain work;

(l)  “dependent person” means

(1)  a consort;

(2)  a person who is married or, as the case may be, has been married, to a worker and

i.  is separated de facto or legally or whose marriage has been dissolved by a decree nisi of divorce or declared null by a judgment in nullity of marriage; and

ii.  who, at the time of the accident, was entitled to receive from the worker alimony under a judgment or an agreement;

(3)  a child of the worker, less than 18 years of age;

(4)  a child of the worker, more than 18 years of age, who regularly attends a teaching institution in accordance with the terms and conditions provided for by regulation or who is an invalid;

(5)  another person related by blood to the worker and any stranger to whom the worker stood in loco parentis or who stood in loco parentis to the worker and who, at the time of the accident, was wholly or partly dependent upon the worker’s income in accordance with the criteria provided for by regulation;

(m)  “benefit” means an indemnity paid in money, financial assistance or services furnished under this Act;

(n)  “regulation” means a regulation made by the Commission and approved by the Government under this Act;

(o)  “income” means the annual gross earnings, up to the maximum rate of annual earnings established under section 46, made by the worker in the employment during which he has been injured or has died;

(p)  “weighted net income” means the income of the worker less the deductions weighted by income brackets established annually by regulation, taking into account family situations specified by regulation and taking into consideration, for those purposes, the Taxation Act (chapter I-3), the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), the Employment Insurance Act (Statutes of Canada, 1996, chapter 23) and the Act respecting the Québec Pension Plan (chapter R-9);

(q)  “worker” means a person who, under a contract of employment or apprenticeship, performs work for remuneration for an employer, including,

i.  a skilled tradesman who, for a person operating an industry, performs work connected with that industry, in the cases or circumstances and on the terms and conditions prescribed by regulation;

ii.  a student who, under the responsibility of a teaching institution, undergoes a non-remunerated training period in an industry;

iii.  a person who performs non-remunerated work in an industry, in the cases and in accordance with the terms and conditions provided for by regulation.

(2)  The following shall be deemed employers, on the same footing as individuals, and be subject to the authority of this Act:

(a)  the Gouvernement du Québec and any permanent commission of such Government;

(b)  municipalities, school boards and the Conseil scolaire de l’île de Montréal;

(c)  public service commissions;

(d)  commissions operating an industry or service for municipal purposes; and

(e)  subject to the Government Employees Compensation Act (Revised Statutes of Canada, 1985, chapter G-5), the Government of Canada and its services.

R. S. 1964, c. 159, s. 2; 1972, c. 60, s. 31; 1977, c. 5, s. 14; 1977, c. 42, s. 1; 1978, c. 57, s. 3; 1979, c. 63, s. 251; 1979, c. 63, s. 329; 1999, c. 14, s. 1.

1999-06-16

2. (1)  In this Act, unless the context indicates otherwise,

(a)  “accident” means an unexpected and sudden event, attributable to any cause, which befalls a person, arising out of or in the course of his work, resulting in his injury, illness or death;

(b)  “skilled tradesman” means a person who, in the course of his business, alone, as part of a team or in partnership, for his own account and without any worker in his service, performs work;

(c)  “beneficiary” means a worker or a dependent person;

(d)  “Commission” means the Commission de la santé et de la sécurité du travail established under the Act respecting occupational health and safety (chapter S-2.1);

(e)  “consorts” means

(A)  two persons who are married to each other and live together, or

(B)  two persons, of opposite sex or the same sex, who live together in a de facto union and who at the time of the accident

i.  had been living together for three years or for one year if a child was born of their union, and

ii.  were publicly represented as consorts;

(f)  “employment” means an occupation productive of income carried on in an industry;

(g)  “employer” means a person having in his service, under a contract of hiring of personal services or apprenticeship, a worker in an employment in or about an industry; the employer who hires or lends the services of a worker temporarily remains the employer of that worker for such time as those services are so hired or lent;

(h)  “accident fund” means the accident fund established under section 79;

(i)  “industry” means an establishment, undertaking, trade or service;

(j)  “invalid” means a person who is physically or mentally incapable of earning;

(k)  “occupational disease” means a disease contracted out of or in the course of work and recognized by the Commission as characteristic of certain work or directly linked with the specific risks of certain work;

(l)  “dependent person” means

(1)  a consort;

(2)  a person who is married or, as the case may be, has been married, to a worker and

i.  is separated de facto or legally or whose marriage has been dissolved by a decree nisi of divorce or declared null by a judgment in nullity of marriage; and

ii.  who, at the time of the accident, was entitled to receive from the worker alimony under a judgment or an agreement;

(3)  a child of the worker, less than 18 years of age;

(4)  a child of the worker, more than 18 years of age, who regularly attends a teaching institution in accordance with the terms and conditions provided for by regulation or who is an invalid;

(5)  another person related by blood to the worker and any stranger to whom the worker stood in loco parentis or who stood in loco parentis to the worker and who, at the time of the accident, was wholly or partly dependent upon the worker’s income in accordance with the criteria provided for by regulation;

(m)  “benefit” means an indemnity paid in money, financial assistance or services furnished under this Act;

(n)  “regulation” means a regulation made by the Commission and approved by the Government under this Act;

(o)  “income” means the annual gross earnings, up to the maximum rate of annual earnings established under section 46, made by the worker in the employment during which he has been injured or has died;

(p)  “weighted net income” means the income of the worker less the deductions weighted by income brackets established annually by regulation, taking into account family situations specified by regulation and taking into consideration, for those purposes, the Taxation Act (chapter I-3), the Income Tax Act (Revised Statutes of Canada, 1985, chapter 1, 5th Supplement), the Employment Insurance Act (Statutes of Canada, 1996, chapter 23) and the Act respecting the Québec Pension Plan (chapter R-9);

(q)  “worker” means a person who, under a contract of hiring of personal services or apprenticeship, performs work for remuneration for an employer, including,

i.  a skilled tradesman who, for a person operating an industry, performs work connected with that industry, in the cases or circumstances and on the terms and conditions prescribed by regulation;

ii.  a student who, under the responsibility of a teaching institution, undergoes a non-remunerated training period in an industry;

iii.  a person who performs non-remunerated work in an industry, in the cases and in accordance with the terms and conditions provided for by regulation.

(2)  The following shall be deemed employers, on the same footing as individuals, and be subject to the authority of this Act:

(a)  the Gouvernement du Québec and any permanent commission of such Government;

(b)  municipal and school corporations and the Conseil scolaire de l’île de Montréal;

(c)  public service commissions;

(d)  commissions operating an industry or service for municipal purposes; and

(e)  subject to the Government Employees Compensation Act (Revised Statutes of Canada, 1985, chapter G-5), the Government of Canada and its services.

R. S. 1964, c. 159, s. 2; 1972, c. 60, s. 31; 1977, c. 5, s. 14; 1977, c. 42, s. 1; 1978, c. 57, s. 3; 1979, c. 63, s. 251; 1979, c. 63, s. 329; 1999, c. 14, s. 1.

1980-03-13

2. (1)  In this act, unless the context indicates otherwise,

(a)  “accident” means an unexpected and sudden event, attributable to any cause, which befalls a person, arising out of or in the course of his work, resulting in his injury, illness or death;

(b)  “skilled tradesman” means a person who, in the course of his business, alone, as part of a team or in partnership, for his own account and without any worker in his service, performs work;

(c)  “beneficiary” means a worker or a dependent person;

(d)  “Commission” means the Commission de la santé et de la sécurité du travail established under the Act respecting occupational health and safety (chapter S-2.1);

(e)  “consorts” means a man and a woman

(A)  who are married and who live together, or

(B)  who live together as husband and wife and who at the time of the accident

i.  had been living together for three years or for one year if a child was born of their union, and

ii.  were publicly represented as consorts;

(f)  “employment” means an occupation productive of income carried on in an industry;

(g)  “employer” means a person having in his service, under a contract of hiring of personal services or apprenticeship, a worker in an employment in or about an industry; the employer who hires or lends the services of a worker temporarily remains the employer of that worker for such time as those services are so hired or lent;

(h)  “accident fund” means the accident fund established under section 79;

(i)  “industry” means an establishment, undertaking, trade or service;

(j)  “invalid” means a person who is physically or mentally incapable of earning;

(k)  “occupational disease” means a disease contracted out of or in the course of work and recognized by the Commission as characteristic of certain work or directly linked with the specific risks of certain work;

(l)  “dependent person” means

(1)  a consort;

(2)  a person who is married or, as the case may be, has been married, to a worker and

i.  is separated de facto or legally or whose marriage has been dissolved by a decree nisi of divorce or declared null by a judgment in nullity of marriage; and

ii.  who, at the time of the accident, was entitled to receive from the worker alimony under a judgment or an agreement;

(3)  a child of the worker, less than 18 years of age;

(4)  a child of the worker, more than 18 years of age, who regularly attends a teaching institution in accordance with the terms and conditions provided for by regulation or who is an invalid;

(5)  another person related by blood to the worker and any stranger to whom the worker stood in loco parentis or who stood in loco parentis to the worker and who, at the time of the accident, was wholly or partly dependent upon the worker’s income in accordance with the criteria provided for by regulation;

(m)  “benefit” means an indemnity paid in money, financial assistance or services furnished under this act;

(n)  “regulation” means a regulation made by the Commission and approved by the Government under this act;

(o)  “income” means the annual gross earnings, up to the maximum rate of annual earnings established under section 46, made by the worker in the employment during which he has been injured or has died;

(p)  “weighted net income” means the income of the worker less the deductions weighted by income brackets established annually by regulation, taking into account family situations specified by regulation and taking into consideration, for those purposes, the Taxation Act (chapter I-3), the Act respecting income taxes (Revised Statutes of Canada, 1970, chapter I-5), the Unemployment Insurance Act (Revised Statutes of Canada, 1970, chapter U-2) and the Act respecting the Québec Pension Plan (chapter R-9);

(q)  “worker” means a person who, under a contract of hiring of personal services or apprenticeship, performs work for remuneration for an employer, including,

i.  a skilled tradesman who, for a person operating an industry, performs work connected with that industry, in the cases or circumstances and on the terms and conditions prescribed by regulation;

ii.  a student who, under the responsibility of a teaching institution, undergoes a non-remunerated training period in an industry;

iii.  a person who performs non-remunerated work in an industry, in the cases and in accordance with the terms and conditions provided for by regulation.

(2)  The following shall be deemed employers, on the same footing as individuals, and be subject to the authority of this act:

(a)  the Gouvernement du Québec and any permanent commission of such Government;

(b)  municipal and school corporations and the Conseil scolaire de l’île de Montréal;

(c)  public service commissions;

(d)  commissions operating an industry or service for municipal purposes; and

(e)  subject to the Government Employees Compensation Act (Revised Statutes of Canada, 1970, chapter G-8), the Government of Canada and its services.

R. S. 1964, c. 159, s. 2; 1972, c. 60, s. 31; 1977, c. 5, s. 14; 1977, c. 42, s. 1; 1978, c. 57, s. 3; 1979, c. 63, s. 251; 1979, c. 63, s. 329.

1980-01-10

2. (1)  In this act, unless the context indicates otherwise,

(a)  “accident” means an unexpected and sudden event, attributable to any cause, which befalls a person, arising out of or in the course of his work, resulting in his injury, illness or death;

(b)  “skilled tradesman” means a person who, in the course of his business, alone, as part of a team or in partnership, for his own account and without any worker in his service, performs work;

(c)  “beneficiary” means a worker or a dependent person;

(d)  “Commission” means the Commission des accidents du travail du Québec established under section 57;

(e)  “consorts” means a man and a woman

(A)  who are married and who live together, or

(B)  who live together as husband and wife and who at the time of the accident

i.  had been living together for three years or for one year if a child was born of their union, and

ii.  were publicly represented as consorts;

(f)  “employment” means an occupation productive of income carried on in an industry;

(g)  “employer” means a person having in his service, under a contract of hiring of personal services or apprenticeship, a worker in an employment in or about an industry; the employer who hires or lends the services of a worker temporarily remains the employer of that worker for such time as those services are so hired or lent;

(h)  “accident fund” means the accident fund established under section 79;

(i)  “industry” means an establishment, undertaking, trade or service;

(j)  “invalid” means a person who is physically or mentally incapable of earning;

(k)  “occupational disease” means a disease contracted out of or in the course of work and recognized by the Commission as characteristic of certain work or directly linked with the specific risks of certain work;

(l)  “dependent person” means

(1)  a consort;

(2)  a person who is married or, as the case may be, has been married, to a worker and

i.  is separated de facto or legally or whose marriage has been dissolved by a decree nisi of divorce or declared null by a judgment in nullity of marriage; and

ii.  who, at the time of the accident, was entitled to receive from the worker alimony under a judgment or an agreement;

(3)  a child of the worker, less than 18 years of age;

(4)  a child of the worker, more than 18 years of age, who regularly attends a teaching institution in accordance with the terms and conditions provided for by regulation or who is an invalid;

(5)  another person related by blood to the worker and any stranger to whom the worker stood in loco parentis or who stood in loco parentis to the worker and who, at the time of the accident, was wholly or partly dependent upon the worker’s income in accordance with the criteria provided for by regulation;

(m)  “benefit” means an indemnity paid in money, financial assistance or services furnished under this act;

(n)  “regulation” means a regulation made by the Commission and approved by the Gouvernement under this act;

(o)  “income” means the annual gross earnings, up to the maximum rate of annual earnings established under section 46, made by the worker in the employment during which he has been injured or has died;

(p)  “weighted net income” means the income of the worker less the deductions weighted by income brackets established annually by regulation, taking into account family situations specified by regulation and taking into consideration, for those purposes, the Taxation Act (chapter I-3), the Act respecting income taxes (Revised Statutes of Canada, 1970, chapter I-5), the Unemployment Insurance Act (Revised Statutes of Canada, 1970, chapter U-2) and the Act respecting the Québec Pension Plan (chapter R-9);

(q)  “worker” means a person who, under a contract of hiring of personal services or apprenticeship, performs work for remuneration for an employer, including,

i.  a skilled tradesman who, for a person operating an industry, performs work connected with that industry, in the cases or circumstances and on the terms and conditions prescribed by regulation;

ii.  a student who, under the responsability of a teaching institution, undergoes a non-remunerated training period in an industry;

iii.  a person who performs non-remunerated work in an industry, in the cases and in accordance with the terms and conditions provided for by regulation.

(2)  The following shall be deemed employers, on the same footing as individuals, and be subject to the authority of this act:

(a)  the Gouvernement du Québec and any permanent commission of such Gouvernement;

(b)  municipal and school corporations and the Conseil scolaire de l’île de Montréal;

(c)  public service commissions;

(d)  commissions operating an industry or service for municipal purposes; and

(e)  subject to the Government Employees Compensation Act (Revised Statutes of Canada, 1970, chapter G-8), the Government of Canada and its services.

R. S. 1964, c. 159, s. 2; 1972, c. 60, s. 31; 1977, c. 5, s. 14; 1977, c. 42, s. 1; 1978, c. 57, s. 3; 1979, c. 63, s. 251.

1979-01-01

2. (1)  In this act, unless the context indicates otherwise,

(a)  “accident” means an unexpected and sudden event, attributable to any cause, which befalls a person, arising out of or in the course of his work, resulting in his injury, illness or death;

(b)  “skilled tradesman” means a person who, in the course of his business, alone, as part of a team or in partnership, for his own account and without any worker in his service, performs work;

(c)  “beneficiary” means a worker or a dependent person;

(d)  “Commission” means the Commission des accidents du travail du Québec established under section 57;

(e)  “consorts” means a man and a woman

(A)  who are married and who live together, or

(B)  who live together as husband and wife and who at the time of the accident

i.  had been living together for three years or for one year if a child was born of their union, and

ii.  were publicly represented as consorts;

(f)  “employment” means an occupation productive of income carried on in an industry;

(g)  “employer” means a person having in his service, under a contract of hiring of personal services or apprenticeship, a worker in an employment in or about an industry; the employer who hires or lends the services of a worker temporarily remains the employer of that worker for such time as those services are so hired or lent;

(h)  “accident fund” means the accident fund established under section 79;

(i)  “industry” means an establishment, undertaking, trade or service;

(j)  “invalid” means a person who is physically or mentally incapable of earning;

(k)  “occupational disease” means a disease contracted out of or in the course of work and recognized by the Commission as characteristic of certain work or directly linked with the specific risks of certain work;

(l)  “dependent person” means

(1)  a consort;

(2)  a person who is married or, as the case may be, has been married, to a worker and

i.  is separated de facto or legally or whose marriage has been dissolved by a decree nisi of divorce or declared null by a judgment in nullity of marriage; and

ii.  who, at the time of the accident, was entitled to receive from the worker alimony under a judgment or an agreement;

(3)  a child of the worker, less than 18 years of age;

(4)  a child of the worker, more than 18 years of age, who regularly attends a teaching institution in accordance with the terms and conditions provided for by regulation or who is an invalid;

(5)  another person related by blood to the worker and any stranger to whom the worker stood in loco parentis or who stood in loco parentis to the worker and who, at the time of the accident, was wholly or partly dependent upon the worker’s income in accordance with the criteria provided for by regulation;

(m)  “benefit” means an indemnity paid in money, financial assistance or services furnished under this act;

(n)  “regulation” means a regulation made by the Commission and approved by the Gouvernement under this act;

(o)  “income” means the annual gross earnings, up to the maximum rate of annual earnings established under section 46, made by the worker in the employment during which he has been injured or has died;

(p)  “weighted net income” means the income of the worker less the deductions weighted by income brackets established annually by regulation, taking into account family situations specified by regulation and taking into consideration, for those purposes, the Taxation Act (chapter I-3), the Act respecting income taxes (Revised Statutes of Canada, 1970, chapter I-5), the Unemployment Insurance Act (Revised Statutes of Canada, 1970, chapter U-2) and the Act respecting the Québec Pension Plan (chapter R-9);

(q)  “worker” means a person who, under a contract of hiring of personal services or apprenticeship, performs work for remuneration for an employer, including,

i.  a skilled tradesman who performs for a person operating an industry work in or about that industry;

ii.  a student who, under the responsability of a teaching institution, undergoes a non-remunerated training period in an industry;

iii.  a person who performs non-remunerated work in an industry, in the cases and in accordance with the terms and conditions provided for by regulation.

(2)  The following shall be deemed employers, on the same footing as individuals, and be subject to the authority of this act:

(a)  the Gouvernement du Québec and any permanent commission of such Gouvernement;

(b)  municipal and school corporations and the Conseil scolaire de l’île de Montréal;

(c)  public service commissions;

(d)  commissions operating an industry or service for municipal purposes; and

(e)  subject to the Government Employees Compensation Act (Revised Statutes of Canada, 1970, chapter G-8), the Government of Canada and its services.

R. S. 1964, c. 159, s. 2; 1972, c. 60, s. 31; 1977, c. 5, s. 14; 1977, c. 42, s. 1; 1978, c. 57, s. 3.

1977-12-31

2. (1)  In this act, unless the context clearly indicates the contrary, the following words and expressions are employed in the special sense hereinafter indicated, namely:

(a)  the word “accident”, without restricting the ordinary meaning thereof, shall include a wilful and intentional act, not being the act of the workman, and a fortuitous event occasioned by a physical or natural cause;

(b)  the word “Commission” shall mean the Commission des accidents du travail, established under this act;

(c)  the word “compensation” shall mean the compensation provided in this act;

(d)  the word “construction” shall include reconstruction, repair, alteration and demolition;

(e)  the word “dependants” shall mean such of the members of the family of a workman as were wholly or partly dependent upon his earnings at the time of the accident;

(f)  the word “employment” shall include employment in an industry or any part, branch or department of an industry;

(g)  the word “employer” shall include every person, partnership, association, artificial person or corporation, having in his or its service under a contract of hiring or apprenticeship, written or oral, express or implied, any workman engaged in any work in or about an industry contemplated by this act.

An employer who temporarily lends or hires the services of a workman to another person shall continue to be the employer of such workman during the time for which such services are so hired or lent;

(h)  the word “expert” shall mean the physician, surgeon or specialist appointed by the commission;

(i)  the words “accident fund” shall mean the fund established by this act to pay the compensation, administration costs and the expenses in connection with this act;

(j)  the word “industry” shall include establishment, undertaking, trade or business;

(k)  the word “invalid” shall mean physically or mentally incapable of earning;

(l)  the words “industrial disease” shall mean any of the diseases mentioned in Schedule D, and any other disease which by the regulations is declared to be an industrial disease;

(m)  the word “manufacturing” shall include making, preparing, altering, renovating, repairing, ornamenting, printing, improving and adapting for use or sale any article or commodity;

(n)  the words “member of the family” shall mean and include husband, wife; father, mother; grandfather, grandmother; stepfather, stepmother; father-in-law, mother-in-law; brother, sister; half-brother, half-sister; children,—including, as the case may be, legitimate children or grandchildren, born or to be born; children and grandchildren legitimated before the accident; children adopted before the accident, in conformity with the provisions of the Adoption Act (chapter A-7)—; son-in-law, daughter-in-law; stepson, stepdaughter; and any other person, even a stranger, to whom the workman stood inlocoparentis or who stood inlocoparentis to the workman;

(o)  the word “workman” shall mean a person who works under a contract of service or apprenticeship, written or oral, express or implied, whatever the nature of his work; but such word shall not include an outworker, or a director of a corporation;

The student who, under the responsibility of a teaching institution, undergoes a non-remunerated training period in an industry contemplated by this act, shall be a workman within the meaning of this act;

(p)  the word “outworker” shall mean a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, completed, repaired or made fit for sale in his own home or in other premises not under the control of the person who gave out the articles or materials;

(q)  the word “Québec” shall mean the Province of Québec;

(r)  the word “regulation” shall mean a regulation made by the Commission under the authority of this act.

(2)  The following shall be deemed employers, on the same footing as individuals, and be subject to the authority of this act:

(a)  the Gouvernement du Québec and any permanent commission of such Gouvernement;

(b)  municipal and school corporations and the Conseil scolaire de l’île de Montréal;

(c)  public service commissions;

(d)  commissions operating an industry or service for municipal purposes; and

(e)  subject to the Government Employees Compensation Act (Revised Statutes of Canada, 1970, chapter G-8), the Government of Canada and its services.

R. S. 1964, c. 159, s. 2; 1972, c. 60, s. 31; 1977, c. 5, s. 14; 1977, c. 42, s. 1.