Flying Accidents Compensation

Aeronautics Act, RSC 1970;

Flying Accidents Compensation Regulations, P.C. 1972-2613 of November 9, 1972, as amended by P.C. 1975-76 of January 16, 1975.

Claims made pursuant to the Regulations are adjudicated by the Pension Commission.

For the purposes of determining the persons to whom the Regulations apply, the following definitions are applicable:

civil aviation inspector means (a) an employee who is required to conduct flight tests to determine the competency of flight crew personnel and to inspect commercial air operations, or, (b) an employee who is required to monitor in-flight cabin procedures in use in commercial air operations (inspecteur de l'aviation civile);

employee means any person who is employed in the Public Service of Canada or under the direction of any department of the Public Service of Canada other than a member of the Royal Canadian Mounted Police who is a person described in paragraph 27(1)(a) or (b) of the Royal Canadian Mounted Police Superannuation Act (employé);

non-scheduled flight means a flight in an aircraft that is not a private aircraft and that is not operated on a scheduled flight (vol non régulier).

A number of statutes establishing various public service corporations and agencies have deemed the directors, officers and/or employees of the organizations to be employed in the Public Service for purposes of Section 7 of the Aeoronautics Act, and therefore subject to the Flying Accidents Compensation Regulations.

Compensation payable under the Flying Accident Compensation Regulations is not subject to taxation.

Where compensation is payable under the Regulations, the amount payable is equal to the pension that would have been awarded to, or in respect of, the employee in accordance with the rate set out in:

• A of the Pension Act, in the case of disability, and
• of the Pension Act, in the case of death,

adjusted in accordance with the cost-of-living index, as described in Part IV of that Act.

In the case of the death of an employee or civil aviation inspector, under the circumstances prescribed in the legislation, funeral expenses may be paid in addition to any compensation payable to dependants.

The amount payable for funeral expenses is equal to the amount which would have been payable for such expenses under the Government Employees Compensation Act had the claim been made under that Act.

Treasury Board has indicated that favourable consideration will be given to requests for authority to make advance payments to dependants during a period when a person is reported missing on a non-scheduled flight.

The amount of the advance is determined by the circumstances in each case but normally approximates the amounts that would be payable if the missing person were, in fact, killed. Any such advances are recovered from salary when the missing person is found or from authorized payments when death is established.

Where death or injury for which compensation is payable under the regulations occurs in such circumstances that some person has a legal liability to pay damages in respect of the injury or death, any amount paid as damages is taken into consideration when determining the amount payable under the Flying Accidents Compensation Regulations.

In some instances, there may be compensation, a gratuity or a pension payable under other legislation, such as the Government Employees Compensation Act. In such a case, the claimant may choose the authority under which compensation will be paid, and payments will only be made under the Flying Accidents Compensation Regulations where the claimant elects to accept such payment instead of that payable under the provisions of any other Act.

This exclusion does not preclude payment of compensation under the Regulations in addition to benefits under the Public Service superannuation Act and any other benefits related to service in the Public service.

No compensation is payable for the death or injury of an employee that was due to a self-inflicted wound or any action by the employee that endangered the safety of the normal process of the flight.

Claims are adjudicated by the Pension Commission.

The employing department should inform the employee or dependants, as the case may be, of the benefits available under the Flying Accidents Compensation Regulations and those under the Government Employees Compensation Act, to assist them in deciding under which authority they wish to elect for compensation. This information may be obtained from the Pension Commission and Labour Canada, respectively.

Where the claimant elects to receive compensation under the Flying Accidents Compensation Regulations, the following information, where applicable, should be submitted to the Pension Commission:

• full names and addresses of spouse and children with dates of birth of the latter;
• official death certificate or a certified copy of it;
• findings of any Court of Inquiry or investigation which was held as to the cause of the accident, and the circumstances in connection with it;
• precise duty on which the employee was engaged at the time;
• the case of employees other than civilian aviation inspectors, a copy of the authorization to undertake air travel on duty other than in a commercial aircraft on a scheduled flight;
• that the injury or death was a direct result of a flight undertaken by the employee under due authority and in the course of a duty, other than a flight in a commercial airline plane on a scheduled flight;
• travel was by privately-owned airplane, either as pilot or passenger, assurance that no mileage allowance under the Travel Regulations was paid or might, if claimed, be paid to any person in respect of that flight;
• a claim is being made under the Regulations, the applicant (widow, widower or employee if disabled) must sign an election claiming for benefits under the Regulations, and stating that it is understood this will prohibit compensation under any other Act or Regulation.