21. The average weekly earnings of a person are the average of the person’s insurable earnings, apportioned in the manner prescribed in a regulation of the Conseil de gestion, in particular, according to the nature of the earnings.
Where only insurable earnings from employment are considered, the average of the insurable earnings is established from the last 26 weeks of the person’s qualifying period that involve such earnings, subject to exceptions for the benefit of recipients prescribed by regulation of the Conseil de gestion. If the number of weeks of the qualifying period that involve insurable earnings is less than 26, the average is obtained on the basis of that number of weeks, but the divisor may not be less than 16.
Where insurable earnings from a business or as a family-type resource or intermediate resource are considered, the average of the insurable earnings is equal, subject to exceptions prescribed by regulation of the Conseil de gestion, to 1/52 of the insurable earnings for the year preceding the beginning of the person’s benefit period.
The average weekly earnings of a person may not exceed the amount obtained by dividing the maximum insurable earnings established under section 5 by 52 and may not be less than 1/52 of $2,000.
2001, c. 9, s. 21; 2005, c. 13, s. 13; 2009, c. 24, s. 77; 2020, c. 23, s. 161.