A-25, r. 12 - Regulation respecting indemnities payable under Title II of the Automobile Insurance Act

Section 31 Disposition versions

2012-09-01

31. For the purposes of subsection 5 of section 37 of the Act, a dependant other than the spouse of a victim is deemed to remain a dependant of the victim despite the latter’s death:

(1)  where the dependant is a dependant described under subparagraph b of paragraph 20 of section 1 of the Act:

(a)  until such time as he or she marries or becomes the de facto spouse of another person, if this was not already the case at the time of the victim’s death;

(b)  until his or her income or earnings from all sources, except for the death benefits paid by the Société de l’assurance automobile du Québec, is sufficient for providing for his or her own basic needs and maintenance costs, if this was not already the case at the time of the victim’s death;

(c)  for a period of 3 years from the date of the victim’s death; or

(d)  until his or her own death;

whichever occurs first;

(2)  where the dependant is a dependant described under subparagraph c of paragraph 20 of section 1 of the Act:

(a)  until his or her income or earnings from all sources, except for the death benefits paid by the Société, is sufficient for providing for his or her own basic needs and maintenance costs, if this was not already the case at the time of the victim’s death;

(b)  until his or her eighteenth birthday, if he or she was under age 15 at the time of the victim’s death;

(c)  until such time as he or she marries or becomes the de facto spouse of another person, if this was not already the case at the time of the victim’s death;

(d)  for a period of 3 years from the date of the victim’s death, if the dependant was between 15 and 65 years of age at the time of the victim’s death; or

(e)  until his or her own death;

whichever occurs first.

O.C. 1263-83, s. 31.