P-9.2.1, r. 1 - Regulation respecting the application of the Act to assist persons who are victims of criminal offences and to facilitate their recovery

Section 189 Disposition versions

2021-10-13

189. For the purpose of calculating the 183-day period provided for in subparagraph 3 of the first paragraph of section 72 of the Act, the days that are not counted are the days during which the person who is a victim

(1)  is registered as a student at an educational institution in or outside Québec while pursuing a program of studies outside Québec, for not more than 4 consecutive calendar years;

(2)  is a full-time non-remunerated trainee at a university, at an institution affiliated with a university, at a research institute or with a government or international body or at an enterprise or agency affiliated with such an institute or body, for not more than 2 consecutive calendar years;

(3)  is a public servant employed by the Québec government and is posted outside Québec;

(4)  is residing temporarily in another province to hold temporary employment or carry out a contract in that province, for no more than 2 consecutive calendar years;

(5)  holds employment or is performing a contract outside Québec on behalf of a partnership or legal person having its head office or a business establishment in Québec to whom they are directly accountable, or is a public servant employed by the Government of Canada and is posted outside Québec, while their family remains in Québec or where they maintain a dwelling in Québec;

(6)  works abroad as an employee of a non-profit organization;

(7)  in the cases provided for in paragraphs 2 to 6, is the spouse or a dependant accompanying a person during a stay outside Québec;

(8)  stays outside Québec for 12 months or less during a calendar year, provided that such a stay occurs only once every 7 years;

(9)  is carrying out a contract outside Québec as a self-employed worker and the person’s business establishment is located in Québec;

(10)  stays outside Québec to receive the care required by their physical or mental condition, on the written recommendation of a physician entered on the roll of the Ordre des médecins du Québec, for the duration indicated by the physician;

(11)  is an adult providing constant care to a person whose autonomy is significantly reduced by reason of their physical or mental condition and must accompany that person outside Québec for the reason stated in paragraph 10;

(12)  stays outside Québec for a period of not more than 6 months to accompany a person providing them with the constant care required by their physical or mental condition;

(13)  stays outside Québec to participate in an employment-assistance measure or program;

(14)  is retained outside Québec in a case of superior force for a period of not more than 6 months.

O.C. 1266-2021, s. 189; I.N. 2021-06-15.

Not in force

In force: 2021-10-13

189. For the purpose of calculating the 183-day period provided for in subparagraph 3 of the first paragraph of section 72 of the Act, the days that are not counted are the days during which the person who is a victim

(1)  is registered as a student at an educational institution in or outside Québec while pursuing a program of studies outside Québec, for not more than 4 consecutive calendar years;

(2)  is a full-time non-remunerated trainee at a university, at an institution affiliated with a university, at a research institute or with a government or international body or at an enterprise or agency affiliated with such an institute or body, for not more than 2 consecutive calendar years;

(3)  is a public servant employed by the Québec government and is posted outside Québec;

(4)  is residing temporarily in another province to hold temporary employment or carry out a contract in that province, for no more than 2 consecutive calendar years;

(5)  holds employment or is performing a contract outside Québec on behalf of a partnership or legal person having its head office or a business establishment in Québec to whom they are directly accountable, or is a public servant employed by the Government of Canada and is posted outside Québec, while their family remains in Québec or where they maintain a dwelling in Québec;

(6)  works abroad as an employee of a non-profit organization;

(7)  in the cases provided for in paragraphs 2 to 6, is the spouse or a dependant accompanying a person during a stay outside Québec;

(8)  stays outside Québec for 12 months or less during a calendar year, provided that such a stay occurs only once every 7 years;

(9)  is carrying out a contract outside Québec as a self-employed worker and the person’s business establishment is located in Québec;

(10)  stays outside Québec to receive the care required by their physical or mental condition, on the written recommendation of a physician entered on the roll of the Ordre des médecins du Québec, for the duration indicated by the physician;

(11)  is an adult providing constant care to a person whose autonomy is significantly reduced by reason of their physical or mental condition and must accompany that person outside Québec for the reason stated in paragraph 10;

(12)  stays outside Québec for a period of not more than 6 months to accompany a person providing them with the constant care required by their physical or mental condition;

(13)  stays outside Québec to participate in an employment-assistance measure or program;

(14)  is retained outside Québec in a case of superior force for a period of not more than 6 months.

O.C. 1266-2021, s. 189; I.N. 2021-06-15.