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MLA COMPENSATION ACT

MLA COMPENSATION ACT

Chapter M‑19

Table of Contents

                1       Interpretation

                2       Payments

                3       Commencement of payments

                4       Administration of Act

                5       Payments to Accident Fund

                6       Claims for compensation

                7       Application of the Workers Compensation Act


HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Interpretation

1(1)  In this Act,

                                 (a)    “Board” means The Workers’ Compensation Board;

                                 (b)    “compensation” means

                                           (i)    in the case of a member of the Legislative Assembly,

                                                  (A)    the maximum payments payable under section 56 of the Workers’ Compensation Act to a worker suffering permanent total disability, or

                                                  (B)    the maximum payments payable under section 56 of the Workers’ Compensation Act to a worker suffering permanent partial disability,

                                                  as the circumstances require, and

                                          (ii)    in the case of a dependant of a member of the Legislative Assembly, compensation equivalent to and payable in the same manner and on the same basis as the compensation payable under the Workers’ Compensation Act to a similar dependant of a worker under that Act;

                                 (c)    “duty of a member of the Legislative Assembly” includes

                                           (i)    travelling to and from sittings of the Legislative Assembly,

                                          (ii)    travelling to and from meetings of a committee of the Legislative Assembly,

                                         (iii)    travelling inside or outside Alberta on the business of the Legislative Assembly or of a committee of it or on the business of the Government of Alberta, and

                                         (iv)    in the case of a member of the Executive Council, all the member’s duties as a member of the Executive Council;

                                 (d)    “member of the Legislative Assembly” includes a member of the Executive Council;

                                 (e)    “permanent partial disability” means personal injury to the extent that the member of the Legislative Assembly would, if the member were a worker under the Workers’ Compensation Act, be found to be permanently partially disabled;

                                 (f)    “permanent total disability” means personal injury to the extent that the member of the Legislative Assembly would, if the member were a worker under the Workers’ Compensation Act, be found to be permanently totally disabled.

(2)  For the purposes of this Act, a person is deemed to be a member of the Legislative Assembly during any period in respect of which the person’s indemnity allowance is computed under section 33 of the Legislative Assembly Act.

RSA 1980 cM‑17 s1;1981 cW‑16 s151(3);1983 cL‑10.1 s57

Payments

2   When an accident arising out of and in the course of the performance of any duty of a member of the Legislative Assembly results in the permanent total disability or permanent partial disability of or death of the member of the Legislative Assembly, compensation shall be paid in respect of the disability or death by the Board

                                 (a)    to or on behalf of the disabled member of the Legislative Assembly in the case of the member’s permanent total disability or permanent partial disability, or

                                 (b)    to or on behalf of the dependants of the member in the case of the member’s death.

RSA 1980 cM‑17 s2

Commencement of payments

3   Compensation must be paid

                                 (a)    in the case of permanent total disability or permanent partial disability, from the date of the disablement, or

                                 (b)    in the case of death, from the date of the death.

RSA 1980 cM‑17 s3

Administration of Act

4   The Board shall administer this Act and pay compensation to the persons entitled to it.

RSA 1980 cM‑17 s4

Payments to Accident Fund

5   The President of Treasury Board and Minister of Finance shall pay to the Accident Fund established pursuant to the Workers’ Compensation Act the sums required by the Board for the administration of this Act and for the payment of compensation under this Act.

RSA 2000 cM‑19 s5;2006 c23 s53;2013 c10 s32

Claims for compensation

6   Claims for compensation under this Act shall be made to the Board and determined by the Board under this Act and the Workers’ Compensation Act.

RSA 1980 cM‑17 s6

Application of the Workers Compensation Act

7(1)  The Workers’ Compensation Act, with all necessary modifications, applies to members of the Legislative Assembly and their dependants as if the members and their dependants were workers or dependants of workers, respectively, under that Act.

(2)  For the purposes of this Act, “employer” in the Workers’ Compensation Act is deemed to refer to the Clerk of the Legislative Assembly.

RSA 1980 cM‑17 s7