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Compensation Payable on Death of Inmates

10. (1) Where an accident causes the death of an inmate or discharged inmate, the amount of compensation claimed shall, subject to subsections (2) and (3), be
(a)	the necessary expenses of burial or cremation of the body, not exceeding $900;
(b)	where humanitarian reasons exist, the necessary expense of transporting the body to a region or area outside the region or area in which the inmate or discharged inmate lived immediately before his death, not exceeding $300;
(c)	where the spouse is the only surviving dependant, a lump sum of $500 plus $450 per month for the spouse; and
(d)	where there is a surviving spouse and one or more dependent children, a lump sum of $500 plus $450 per month for the spouse plus $100 per month for each child, but upon the death of the spouse, the amount per month for each child set out in paragraph (e); and
(e)	where one or more children are the only surviving dependents, $115 per month for each child.
[SOR/83-687; SOR/86-630]
(2) The monthly payments of compensation for a spouse prescribed by paragraph (1)(c) or (d) shall be discontinued if the spouse remarries or cohabits with another person as a common-law spouse, but where the spouse remarries, a lump sum amount equal to twelve of such payments shall be made to that spouse within one month of the date of the marriage.
(3) The monthly payment prescribed by subsection (1) shall, in the aggregate, not exceed 75 per cent of the monthly minimum wage that is in force on the date of the payment.
(4) For the purposes of subsection (3), "monthly minimum wage" means a payment equivalent to the hourly minimum wage multiplied by one hundred and seventy-five.
11. Where an accident causes the death of an inmate or a discharged inmate and
(a)	he only leaves dependent children, or
(b)	his surviving spouse subsequently dies leaving dependent children,
the Minister may, if the custody of the children was given by the appropriate authorities to a foster parent, pay to the foster parent until the children cease to be entitled to payments, the same monthly payment as he or she would be entitled to receive as the surviving spouse of the deceased inmate or discharged inmate. [SOR/83-687]
12. The Minister may, in writing, request such proof of the necessities, conditions and existence of any dependants in receipt of payments as he may deem necessary and, pending the receipt of such proof, may withhold further payments from or in respect of the person to whom the request is directed.
13. (1) Where an accident causes the physical disability of an in. mate and the disability subsists after the date of his release on parole, other than day parole, under mandatory supervision or on discharge as a result of the expiration of his sentence, the amount of the payment to the discharged inmate shall, from such date and as long as the disability continues, be a monthly sum proportionate to the degree of impairment of his earning capacity resulting from the disability as determined by the Minister in accordance with the report submitted to the Minister pursuant to subsection 5(3), on the basis of the nature and degree of the physical disability, but in no case shall the payment exceed 75 per cent of the monthly minimum wage that is in force on the date of the payment. [SOR/82-1040]
(2) For the purposes of this section, "monthly minimum wage" means a payment equivalent to the hourly minimum wage multiplied by one hundred and seventy-five.
14. (1) Notwithstanding section 13, where the impairment of the earning capacity of a discharged inmate does not exceed 10 per cent of his earning capacity, the amount of the monthly payments under that section may be capitalized for the discharged inmate, on an actuarial basis according to the current minimum wage and the capitalized amount shall be payable to the discharged inmate in a lump sum in lieu of the monthly payments.
(2) Notwithstanding section 13, the Minister may authorize that the amount of the monthly payments under that section may, with the consent in writing of the discharged inmate, be capitalized for the discharged inmate on an actuarial basis according to the current minimum wage and the capitalized amount shall be payable to the discharged inmate in a lump sum in lieu of the monthly payments.
(3) A lump sum shall not be paid to a discharged inmate pursuant to subsection (2) unless the Minister is satisfied, upon examination of the financial situation of the discharged inmate, that such a payment would be to the advantage of the discharged inmate. [SOR/82-1 040; SOR/86-630]
15. Where an accident causes the physical disability of a discharged inmate, the cost of the required medical care shall, in addition to the amount referred to in section 13 or 14, be the amount payable in respect of that discharged inmate"
16. Where a payment is to be made to a child or to a person who is incapable of handling his own financial affairs, the Minister may make the payment of compensation for the benefit of that child or person to such other person that is responsible for caring for or managing the financial affairs of that child or person.
17. Every payment is subject to the condition that the payment shall not, without the prior approval in writing of the Minister, be assigned by the payee to another person.
18. Subject to section 9, but notwithstanding any other provision in these Regulations, the amount of compensation to or in respect of a discharged inmate shall in no case exceed the amount of compensation that would be paid to or in respect of that discharged inmate if he were eligible for compensation under the Government Employees Compensation Act.
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