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Agreement regarding Workmen's Compensation for Employees in Canada of the United Kingdom Government between Canada and the United Kingdom [1940] CATSer 5 (8 October 1940)

E101546 - CTS 1940 No. 10

AGREEMENT REGARDING WORKMEN'S COMPENSATION FOR EMPLOYEES IN CANADA OF THE UNITED KINGDOM GOVERNMENT BETWEEN CANADA AND THE UNITED KINGDOM

The Governments of Canada and of the United Kingdom;

Recognizing that the conditions of employment of the staff who are paid by the Accountant of the United Kingdom Technical Mission (or any other duly authorized office or agency of the Government of the United Kingdom) and who have been engaged in Canada should, so far as possible, be parallel with the conditions of employment in the Canadian Public Service; and

Recognizing that such staff should be brought under the Government Employees Compensation Act;

Have agreed upon the following provisions:

ARTICLE I

The Government of Canada undertakes that provision will be made so that the employees referred to above, who have been engaged in Canada and who have signified their consent in writing, will be eligible for compensation under the provisions of the Government Employees Compensation Act.

ARTICLE II

Any claims arising from accidents to any such employees will be dealt with through the Employees Compensation Branch of the Department of Transport, in the same manner as claims of the employees of the Government of Canada.

ARTICLE III

The Government of the United Kingdom undertakes to reimburse to the Government of Canada the total expenses incurred hereunder, including, but without restricting the generality of the foregoing, the following:

(a) The total actual disbursements in compensation, medical aid, and other benefits in respect of claims of such employees.

(b) A proportionate share of the administrative expenses of the Provincial Workmen's Compensation Boards, as paid by the Canadian Government.

(c) Any expenses incurred by the Department of Transport in respect of such claims, including the provision of additional staff, additional office accommodation and travelling expenses.

ARTICLE IV

Any obligations undertaken by the Government of the United Kingdom for reimbursement of expenses to the Government of Canada may be commuted and discharged by a lump sum payment or by set-off as against other inter­governmental accounts. Pending commutation and discharge, the Government of the United Kingdom undertakes to make reimbursements of expenses to the Government of Canada, in Canadian funds, as the accounts are presented from time to time.

ARTICLE V

The accounts presented to the Government of the United Kingdom for payment shall be certified by the Auditor General of Canada to the effect that they are a correct statement of the sums due from the United Kingdom Govern­ment in accordance with the provisions of this Agreement.

ARTICLE VI

The accounts, vouchers and other documents of the Department of Transport relating to the expenditure chargeable to the Government of the United Kingdom in connection with this Agreement shall be open to the examination of authorized representatives of the Government of the United Kingdom.

ARTICLE VII

In the event that any disputes arise with regard to the administration of the provisions of this Agreement, questions of accounting and apportionment shall be referred for final decision to a person or persons chosen by the Governments.

ARTICLE VIII

In all matters of administration arising under this Agreement, including the transmission of lists of such employees, of claims, of reports on disposition of claims, and of accounts, the United Kingdom Technical Mission or any other duly authorized office or agency of the Government of the United Kingdom may communicate directly with the Department of Transport and the Department of Finance.

ARTICLE IX

This Agreement will come into force upon its execution and will then be effective as and from the 1st day of September, 1940.

DONE in duplicate at Ottawa this eighth day of October, 1940.

Signed on behalf of the Government of Canada

W. L. Mackenzie King

Signed on behalf of the Government of the United Kingdom

Gerald Campbell