1. These Regulations may be cited as the Flying Accidents Compensation Regulations.

2. In these Regulations,

“aircraft”

“aircraft” means any machine used or designed for navigation of the air but does not include a machine designed to derive support in the atmosphere from reaction against the earth’s surface of air expelled from the machine; (aéronef)

“civil aviation inspector”

“civil aviation inspector” means

• (a) an employee who is required to conduct flight tests to determine the competency of flight crew personnel and to inspect commercial air operations, or

• (b) an employee who is required to monitor in-flight cabin procedures in use in commercial air operations; (inspecteur de l’aviation civile)

“Commission”

“Commission” means the Canadian Pension Commission established by section 3 of the Pension Act; (Commission)

“employee”

“employee” means any person who is employed in the public service of Canada or under the direction of any department of the public service of Canada other than a member of the Royal Canadian Mounted Police who is a person described in paragraph 27(1)(a) or (b) of the Royal Canadian Mounted Police Superannuation Act; (employé)

“non-scheduled flight”

“non-scheduled flight” means a flight in an aircraft that is not a private aircraft and that is not operated on a scheduled flight; (vol non régulier)

“private aircraft”

“private aircraft” means an aircraft used by an employee travelling on official government business and for the use of which he is reimbursed in accordance with the rates prescribed by the Treasury Board Travel Directive; (aéronef privé)

“scheduled flight”

“scheduled flight” means a flight conducted under a published statement of frequency and time of departure and arrival and operated by a commercial air service utilizing commercial aircraft. (vol régulier)

• 3. (1) Subject to subsections (2) and (3) and section 4, where

  • (a) an employee dies or is injured as a direct result of a non-scheduled flight undertaken by him in the course of his duties, or

  • (b) a civil aviation inspector dies or is injured as a direct result of any flight undertaken by him for the purpose of determining the competency of flight crew personnel, inspecting commercial air operations or monitoring in-flight cabin procedures in use in commercial air operations,

  compensation is payable for his death or injury in an amount equal to the pension that would have been awarded to or in respect of him in accordance with the rates set out in Schedule A or B to the Pension Act, whichever is applicable, as increased by virtue of Part V.1 of that Act, if his death or injury had arisen out of or was directly connected with military service in peace time.

• (2) No compensation is payable under these Regulations for any death or injury in respect of which provision for the payment of compensation or a gratuity or pension is made by any other Act, unless the claimant elects to accept compensation under these Regulations instead of compensation or a gratuity or pension under any such other Act.

• (3) No compensation is payable under these Regulations for the death or injury of an employee that was due to a self-inflicted wound or any action by him that endangered the safety of the normal process of the flight.