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ARTICLE · 01 MARCH 2021

CNESST Adopts Flexible Measures Regarding Cost Allocations For Occupational Injuries

Borden Ladner Gervais LLP
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We want to bring your attention to the flexible mesures adopted by the Commission des normes, de l'équité, de la santé et de la sécurité du travail's concerning the management of occupational injury files in matters of costs assignment.

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We want to bring your attention to the flexible mesures adopted by the Commission des normes, de l'équité, de la santé et de la sécurité du travail's (CNESST) concerning the management of occupational injury files in matters of costs assignment.1

The CNESST has adopted measures that relax its position on such matters under Section 326 of the Act respecting accidents and occupational diseases (AIAOD) which reads as follows:

326. The Commission shall impute to the employer the cost of benefits payable by reason of an industrial accident suffered by a worker while in the employ of the employer.

It may also, on its own initiative or on the application of an employer, impute the cost of benefits payable by reason of an industrial accident to the employers of one, several or all units if the imputation under the first paragraph would have the effect of causing an employer to support unduly the cost of benefits due by reason of an industrial accident imputable to a

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