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R-9, r. 5 - Regulation respecting benefits
Section 17
Disposition versions
17. For the purposes of the second and third paragraphs of section 95 of the Act, an occupation is considered substantially gainful if the person concerned would have earned from that occupation, had the person not become disabled, an income which, established on a yearly basis, would not have been less than $19,656 for the year 2022.
For subsequent years, the income considered to qualify an occupation as being substantially gainful under this section is adjusted yearly in such a manner that the income considered for a subsequent year is equal to the product obtained by multiplying the income considered for the year preceding it by the proportion that the Maximum Pensionable Earnings for the subsequent year is of the Maximum Pensionable Earnings for the year preceding it.
Where the result obtained is a number that includes one or more decimals, no decimal is retained and, if the first decimal is greater than 4, the number so modified is increased by one unit.
17. For the purposes of the second paragraph of section 95 of the Act, an occupation is considered substantially gainful only where the person concerned would have earned therefrom, had he not become disabled, an income which, established on a yearly basis, would not have been less than 12 times the maximum disability pension which, established without applying subparagraphs 2 and 3 of paragraph b of section 123 of the Act, would be payable for each month of the year in which the person became disabled.
17. For the purposes of the second paragraph of section 95 of the Act, an occupation is considered substantially gainful only where the person concerned would have earned therefrom, had he not become disabled, an income which, established on a yearly basis, would not have been less than 12 times the maximum disability pension payable for each month of the year in which the person became disabled.
