A-25, r. 5 - Regulation defining certain words and expressions for the purposes of the Automobile Insurance Act

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chapter A-25, r. 5
Regulation defining certain words and expressions for the purposes of the Automobile Insurance Act
AUTOMOBILE INSURANCE — CERTAIN DEFINITIONS
Automobile Insurance Act
(chapter A-25, s. 195)
A-25
September 1 2012
This Regulation remains in force and continues to apply to persons who have suffered bodily injury before 1 January 1990. (1989, chapter 15, s. 23; 1995, chapter 55, s. 7)
DIVISION I
DEFINITIONS
1. In this Regulation, unless otherwise indicated by the context,
(a)  “Canadian returning to the country” means a Canadian citizen who takes up residence in Canada again;
(b)  “landed immigrant” means a non-Canadian who elects domicile in Canada and who holds a permanent visa permitting him to do so;
(c)  “landed immigrant returning to the country” means a landed immigrant who elects domicile in Canada again;
(d)  “Act” means the Automobile Insurance Act (chapter A-25).
R.R.Q., 1981, c. A-25, r. 3, s. 1.
DIVISION II
RESIDENTS
2. The definition of the word “resident” as found in paragraph 26 of section 1 of the Act is further defined for the purposes of Title II of the Act in accordance with the criteria established in sections 3 to 8.
R.R.Q., 1981, c. A-25, r. 3, s. 2.
3. A person who is not a tourist, a transient or a visitor to the province, and who is:
(a)  a landed immigrant;
(b)  a Canadian returning to the country;
(c)  a landed immigrant returning to the country;
(d)  a Canadian citizen or his spouse who takes up residence in Canada for the first time;
(e)  a member of the Canadian Forces or the Royal Canadian Mounted Police who has not acquired the status of resident; or
(f)  a prisoner who has not acquired the status of resident but who has manifested his intention of taking up residence in Québec;
as well as his spouse and any unmarried child under 18 years of age who reside permanently with him, is deemed to be a resident upon his arrival, discharge or release, as the case may be, in Québec.
R.R.Q., 1981, c. A-25, r. 3, s. 3.
4. Notwithstanding section 5, a resident, as well as his spouse and any unmarried child under 18 years of age who reside permanently with him, shall, unless he elects domicile outside Québec, retain the status of resident:
(a)  if the resident stays outside Québec as a student registered in an educational institution and pursuing a study program therein;
(b)  if the resident stays outside Québec as a full-time unpaid trainee in a university, an institution affiliated with a university, a research institute or a governmental or international body;
(c)  if the resident is a public servant in the service of the government of either Québec or Canada and assigned outside Québec;
(d)  if, while his spouse and children remain in Québec or while he keeps a dwelling therein, the resident stays outside Québec for less than 12 consecutive months for the purpose of seeking or accepting temporary employment or executing a contract in another province or country, provided he returns to Québec at least once a year or notifies the Société de l’assurance automobile du Québec that he is unable to comply with this requirement; or
(e)  if the resident is in the service of a non-profit organization having its head office in Canada and works abroad within the framework of an international aid or cooperation program recognized by the Minister of Health and Social Services.
R.R.Q., 1981, c. A-25, r. 3, s. 4.
5. Subject to section 4, should any of the following conditions be met, a resident shall no longer be deemed a resident:
(a)  when he leaves Québec to elect domicile in another province or another country, with effect upon his departure;
(b)  when he maintains a residence outside Québec, unless he proves that he lives and is customarily in Québec for at least 183 days of the year;
(c)  when he resides outside Québec for more than 12 months, with effect from the last day of the twelfth month following the date of his departure from Québec; or
(d)  when he has elected domicile outside Québec before the expiration of a 12-month period after the date of his departure from Québec.
R.R.Q., 1981, c. A-25, r. 3, s. 5.
6. The following persons are not considered to be residents:
(a)  a student from a country other than Canada;
(b)  a student of another province, unless he has elected domicile in Québec;
(c)  a foreign national in the service of a government other than that of Canada or Québec or in the service of a body under the jurisdiction of a government other than that of Canada or Québec and recognized by the Minister of Health and Social Services unless such national works in Québec and has made with the Minister of Health and Social Services an agreement authorized by the Government under section 23 of the Act respecting the Régie de l’assurance maladie du Québec (chapter R-5); and
(d)  a corporation that has its head office outside Québec.
R.R.Q., 1981, c. A-25, r. 3, s. 6.
7. A child born in or outside Québec shall be deemed to be a resident if his mother is a resident.
R.R.Q., 1981, c. A-25, r. 3, s. 7.
8. A foreign national, as well as his spouse and all unmarried children under 18 years of age who reside permanently with such foreign national, shall be considered residents if they are staying in Québec under an exchange program entered into by a foreign government and that of Québec, following an agreement between the Minister of Health and Social Services and the Minister of International Affairs.
R.R.Q., 1981, c. A-25, r. 3, s. 8.
DIVISION III
TERMS USED IN SUBPARAGRAPH b OF THE FIRST PARAGRAPH OF SECTION 17 OF THE ACT
9. For the purposes of subparagraph b of the first paragraph of section 17 of the Act,
(a)  “snowmobile” means a self-propelled motor vehicle built primarily for travel on snow or ice, having or not having a steering ski or runner and driven by an endless track in contact with the ground;
(b)  “farm trailer” means a vehicle that is not motorized, equipped with a space for loading, whether or not the loads are carried independently when drawn by a vehicle, used principally for the transportation of farm products or materials required for their production and belonging to an individual or company that is the owner or lessee of a farm and whose principal occupation is farming or that is a member of an association certified under the Farm Producers Act (chapter P-28);
(c)  “drawn machinery” means a vehicle that is not motorized, equipped with a space for loading, whether or not the loads are carried independently when drawn by a vehicle and:
i.  that is used to carry equipment or machinery which is a permanent part thereof and is used to dispose of the said loads; or
ii.  that is used exclusively to carry equipment which is a permanent part thereof;
(d)  “farm tractor” means a tractor that is equipped with tires and generally used for farming purposes, whether or not it may operate under permit on public highways, belonging to an individual or company that is the owner or lessee of a farm and whose principal occupation is farming or that is a member of an association certified under the Farm Producers Act;
(e)  “self-propelled machinery” means an automobile other than a service vehicle that is self-propelled, has no space for loads, and is designed basically to perform work independently and equipped for such purpose with machinery that is a permanent part thereof;
(f)  “vehicle intended for use off a public highway” means an automobile:
(1)  that is not registered and is mainly used off a public highway;
(2)  that is used solely off a public highway or specifically registered for that use;
(3)  that is used solely within harbour installations, airports and railway stations or specifically registered for that use;
(4)  called on to cross a public highway other than an autoroute or a limited access highway within the meaning of the Highway Safety Code (chapter C-24.2) only at a right angle or specifically registered for that use.
R.R.Q., 1981, c. A-25, r. 3, s. 9; O.C. 1334-82, s. 1; O.C. 869-87, s. 1.
REFERENCES
R.R.Q., 1981, c. A-25, r. 3
O.C. 1334-82, 1982 G.O. 2, 1749; Suppl. 71
O.C. 869-87, 1987 G.O. 2, 1848
S.Q. 1989, c. 15, s. 23