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Claims

4. (1) An accident shall be reported to a member of the Service as soon as possible after its occurrence.
(2) Subject to subsection (4), a claim for compensation may be made only in respect of an accident that was reported to a member of the Service no later than six months after its occurrence.
(3) Subject to subsection (5), the claim for compensation shall be submitted [SOR/87-536]
(a)	by an inmate, before the date of his release from custody on parole, other than day parole, on mandatory supervision or by reason of expiration of sentence, or
(b)	by a dependent of a deceased inmate or deceased discharged inmate, within the three months immediately following the death of the inmate or discharged inmate, [SOR/87-536]
but in no case shall a claim be submitted later than two years after the occurrence of the accident.
(4) Where there is a valid reason why the accident could not be reported within the time prescribed by subsection (2), the accident may be reported after that time. [SOR/86-630; SOR/87-536]
(5) Where there is a valid reason why the claim could not be submitted within the time prescribed by subsection (3), the claim may be submitted after that time. [SOR/87-536]
5. (1) Every claim for compensation shall be in writing, signed by the claimant, be sent by mail or delivered by hand to the person in charge of the Injury Compensation Division of the Occupational Safety and Health Branch of the Department of Labour, Ottawa, Ontario, and shall set out the following information:
(a)	the name of the inmate or discharged inmate in respect of whom the claim is made;
(b)	the nature of the accident and physical disability in respect of which the claim is made, giving the place and date of the accident;
(c)	the nature of any medical aid or treatment received by the inmate or discharged inmate relating to the physical disability; and
(d)	where the inmate or discharged inmate is deceased, the names and addresses of each of his dependants.
(2) The person in charge shall, on receipt of a claim, examine it and request from the officer in charge of the penitentiary in which the inmate or discharged inmate is or was incarcerated at the time of the accident in respect of which the claim is made a statement of the details of the accident.
(3) The person in charge shall
(a)	obtain medical advice from one or more medical practitioners to determine whether the inmate or discharged inmate in respect of whom a claim is made has or had the physical disability described in the claim and, if so, shall determine:
	(i)	the degree or extent of the disability,
	(ii)	the permanency of the disability, and
	(iii)	the degree of impairment of earning capacity resulting from the disability, having regard to the employment or future employment of the inmate or discharged inmate;
(b)	where the claimant makes the claim as a dependant, determine whether the claimant is a dependant;
(c)	where the physical disability alleged by the claimant is or was the result of an occupational disease, determine whether the inmate or discharged inmate was, during his participation in the normal program of a penitentiary, exposed to the industrial process, trade or occupation with which the disease is known to be associated; and
(d)	forward the claim and all the information obtained by him relating to the claim together with a report of his determination to the Minister.
(4) No compensation shall be authorized by the Minister to or in respect of a claimant unless
(a)	the claimant is an inmate, a discharged inmate or a dependant;
(b)	the physical disability or death in respect of which the payment is claimed was caused by an accident; and
(c)	the accident occurred while the inmate or discharged inmate was engaged in the normal program of a penitentiary.
(5) For the purposes of this section, "person in charge" means the person responsible for the Injury Compensation Division of the Occupational Safety and Health Branch of the Department of Labour.
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