The Unscheduled Aircraft Accident Compensation Regulations

Transcription

1 1 The Unscheduled Aircraft Accident Compensation Regulations Repealed by Saskatchewan Regulations 99/2006 (effective October 25, 2006). Formerly Saskatchewan Regulations 173/70 (effective July 13, 1970) as amended by Saskatchewan Regulations 54/74. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 Table of Contents 1 Title 2 Definitions 3 Eligibility for payment 4 Terms of payment 5 Amount of payment 6 Table of amounts 7 Application for payment 8 Refusal of payment after one year 9 Recipient of payment

3 3 SASKATCHEWAN REGULATION 173/70 under The Public Service Act and The Statutes Act SCHEDULE A THE ACCIDENT COMPENSATION REGULATIONS Title 1 These regulations may be cited as The Unscheduled Aircraft Accident Compensation Regulations. Definitions 2 In these regulations: (a) child means an unmarried person under the age of twenty-one years; (b) employee means an employee of the Public Service, whether classified or unclassified, as defined in The Public Service Act. (c) unscheduled aircraft means an aircraft that is: (i) designated in a valid subsisting licence; and (ii) operated by a pilot holding a valid commercial certificate or a valid private private pilot s certificate; issued by the Canada Department of Transport or the Civil Aeronautics Branch of the United States Department of Commerce, and shall include all flights in aircraft owned or chartered by the Government of Saskatchewan and shall also include any other aircraft other than Air Canada, Canadian Pacific Airlines, or other scheduled commercial flights. 17 Jly 70 s2. Eligibility for payment 3 Subject to the approval of the Lieutenant Governor in Council and these regulations, there may be paid an amount in respect of the injury to or the loss of life of an employee or the wife or child or children of an employee, or a person working with or for the Government on specific projects while travelling on authorized Government business and entering, alighting from, riding in or making a forced descent from an unscheduled aircraft. 17 Jly 70 s3. Terms of payment 4 No payment shall be made unless the Lieutenant Governor in Council is satisfied, after such enquiry as is deemed necessary or desirable, that the person in respect of whom an application for payment is made was travelling on authorized Government business at the time of injury to or loss of life of such person. 17 Jly 70 s4.

4 4 Amount of payment 5 There shall be payable in respect of the loss of life of: (a) an employee, the amount of $50,000.00; (b) a person working with or for the Government on specific projects, the amount of $5,000; (c) the wife of an employee, the amount of $5,000; (d) each child of an employee, the amount of $1, Jly 70 s5; 1 Mar 74 SR 54/74 s2. Table of amounts 6 There shall be payable in respect of the loss to a person covered under these regulations or to the wife or child of an employee, of an item listed in column one a percentage of the amount payable pursuant to Section 5 in respect of the loss of life of that person as shown in column two: Item Amount Payable both hands or feet 50% of amount payable for loss of that person s life sight of both eyes one hand and one foot one hand and sight of one eye one foot and sight of one eye one hand or one foot 25% sight of one eye thumb and index finger of one hand 12½% 17 Jly 70 s6. Application for payment 7 All applications for payment shall be made to the Provincial Treasurer. 17 Jly 70 s7. Refusal of payment after one year 8 The Lieutenant Governor in Council may, in his discretion, refuse to approve a payment in respect of an injury or loss of life where the application for payment is made after the expiry of one year from the date of the accident that resulted in the injury or loss of life. 17 Jly 70 s8. Recipient of payment 9(1) Payment for an injury may be made to the person in respect of whom the payment is made except where that person is a child, in which case payment shall be made to a parent of the child or to the child s guardian if no parent survives the child.

5 5 (2) Payment for loss of life may be made to the wife of the person in respect of whom the payment is made or, if no wife survives, to the estate of the person. (3) Payment for loss of life of the wife of an employee may be made to the employee, or if the employee does not survive the wife, to the estate of the wife. (4) Payment for loss of life of a child may be made to the employee or, if he does not survive the child, to the wife of the employee. (5) Notwithstanding anything in this section, the Provincial Treasurer may, where deemed advisable, make a payment to such person as in his opinion is entitled thereto. 17 Jly 70 s9.

6 6 REGINA, SASKATCHEWAN Printed by the authority of THE QUEEN S PRINTER Copyright 1998