Heroes' Compensation Act

HEROES’ COMPENSATION ACT Chapter H‑7.8 Table of Contents 1 Definitions 2 Administration of Act 3 Lump sum payment 4 Payment to Accident Fund 5 Entitlements to payments 6 Limitation on payments 7 Regulations 8 Consequential amendment Definitions 1 In this Act, (a) “accident” means an accident as defined in the Workers’ Compensation Act ; (b) “Accident Fund” means the Accident Fund as defined in the Workers’ Compensation Act ; (c) “Board” means The Workers’ Compensation Board; (d) “child” means a child as defined in the Workers’ Compensation Act ; (e) “correctional officer” means a correctional officer as defined in section 24.2 of the Workers’ Compensation Act ; (f) “dependant” means a dependant as defined in the Workers’ Compensation Act ; (g) “dependent child” means a dependent child as defined in the Workers’ Compensation Act ; (h) “first responder” means a first responder as defined in section 24.2 of the Workers’ Compensation Act ; (h.1) “fiscal year” means the fiscal year of the Crown in right of Alberta; (i) “Minister” means the Minister determined under section 16 of the Government Organization Act as the Minister responsible for this Act; (j) “worker” means a correctional officer or first responder or an individual or class of individuals prescribed by the regulations. 2020 cH-7.8 s1;2025 c20 s9 Administration of Act 2 The Board shall administer this Act and make lump sum payments under section 3(1) to the persons entitled to them. Lump sum payment 3 (1) Subject to section 6, when, on or after April 1, 2020, a worker dies as a result of an accident, the Board shall make a single lump sum payment of compensation in the amount of $100 000 to the dependants of the worker in accordance with this section. (2) For the purposes of this section, if at the time of the worker’s death there is both a spouse and an adult interdependent partner of the worker, then (a) if the spouse is a dependent spouse, the spouse is entitled to receive the lump sum payable under subsection (1), or (b) if the spouse is not a dependent spouse and the adult interdependent partner is a dependant, the adult interdependent partner is entitled to receive the lump sum payable under subsection (1). (3) If a worker dies as a result of an accident and leaves dependent children but no dependent spouse or dependent adult interdependent partner, the lump sum payable under subsection (1) must be divided equally among the dependent children. (4) If a worker dies as a result of an accident and leaves no dependent spouse or dependent adult interdependent partner or dependent children, the lump sum payable under subsection (1) must be paid to the worker’s estate. (5) A lump sum payment made under subsection (1) is deemed to be a benefit paid under the Workers’ Compensation Act . Payment to Accident Fund 4 The sums required by the Board for the administration of this Act and for payments under section 3(1) must be paid to the Accident Fund by the Minister. 2020 cH-7.8 s4;2025 c20 s9 Entitlements to payments 5 Entitlements to payments under section 3(1) shall be determined by the Board under this Act and under the Workers’ Compensation Act with any necessary changes. Limitation on payments 6 The total of all payments made in a fiscal year under section 3(1) must not exceed $3 000 000 or such greater amount as may be prescribed by the regulations. 2020 cH-7.8 s6;2025 c20 s9 Regulations 7 (1) The Lieutenant Governor in Council may make regulations (a) prescribing individuals or classes of individuals as being workers; (b) respecting any matter that the Lieutenant Governor in Council considers necessary or advisable to carry out the intent of this Act. (2) The Minister may make regulations prescribing an amount greater than $3 000 000 for the purpose of section 6. (3) A regulation made under subsection (2) may be restricted in its application to one or more years specified in the regulation. 2020 cH-7.8 s7;2025 c20 s9 8 (This section amends another Act; the amendment has been incorporated into that Act.)