A-25 - Automobile Insurance Act

Section 1 Disposition versions

1992-01-01

1. In this Act, unless otherwise indicated by the context,

“accident” means any event in which damage is caused by an automobile;

“automobile” means any vehicle propelled by any power other than muscular force and adapted for transportation on public highways but not on rails;

“damage caused by an automobile” means any damage caused by an automobile, by the use thereof or by the load carried in or on an automobile, including damage caused by a trailer used with an automobile, but excluding damage caused by the autonomous act of an animal that is part of the load and injury or damage caused to a person or property by reason of an action performed by that person in connection with the maintenance, repair, alteration or improvement of an automobile;

“load” means any property in, on, or transported by an automobile;

“owner” means a person who acquires or possesses an automobile under a title of ownership, under a title involving a condition or a term giving him the right to become the owner thereof, or under a title giving him the right to use it as the owner thereof charged to deliver over, and a person who leases an automobile for a period of not less than one year;

“public highway” means that part of any land or structure which is intended for public automobile traffic, except any part of any land or structure which is mainly used by the following vehicles, as defined by regulation:

(1)  farm tractors, farm trailers, specialized equipment or drawn machinery;

(2)  snowmobiles;

(3)  vehicles intended for use off a public highway;

“theft” refers to the offence described in section 322 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46).

1977, c. 68, s. 1; 1980, c. 38, s. 1; 1980, c. 38, s. 24; 1981, c. 7, s. 540; 1982, c. 59, s. 1; 1982, c. 52, s. 50, s. 51; 1982, c. 59, s. 68; 1986, c. 91, s. 661; 1989, c. 15, s. 1; 1991, c. 58, s. 1.

1990-01-01

1. In this Act, unless otherwise indicated by the context,

“accident” means any event in which damage is caused by an automobile;

“automobile” means any vehicle propelled by any power other than muscular force and adapted for transportation on public highways but not on rails;

“damage caused by an automobile” means any damage caused by an automobile, by the use thereof or by the load carried in or on an automobile, including damage caused by a trailer used with an automobile, but excluding damage caused by the autonomous act of an animal that is part of the load or as a result of maintenance or repair work to an automobile;

“load” means any property in, on, or transported by an automobile;

“owner” means a person who acquires or possesses an automobile under a title of ownership, under a title involving a condition or a term giving him the right to become the owner thereof, or under a title giving him the right to use it as the owner thereof charged to deliver over, and a person who leases an automobile for a period of not less than one year;

“public highway” means that part of any land or structure which is intended for public automobile traffic, except any part of any land or structure which is mainly used by the following vehicles, as defined by regulation:

(1)  farm tractors, farm trailers, specialized equipment or drawn machinery;

(2)  snowmobiles;

(3)  vehicles intended for use off a public highway;

“theft” refers to the offence described in section 322 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46).

1977, c. 68, s. 1; 1980, c. 38, s. 1; 1980, c. 38, s. 24; 1981, c. 7, s. 540; 1982, c. 59, s. 1; 1982, c. 52, s. 50, s. 51; 1982, c. 59, s. 68; 1986, c. 91, s. 661; 1989, c. 15, s. 1.

1988-12-12

1. In this Act and in the regulations, unless otherwise indicated by the context,

(1)  “accident” means an event in which damage is caused by an automobile;

(2)  “authorized insurer” means an insurer authorized to transact automobile insurance under the Act respecting insurance (chapter A-32), holding a permit from the Inspector General of Financial Institutions, except a person who transacts reinsurance only;

(3)  “automobile” means any vehicle propelled by any power other than muscular force and adapted for transportation on the public highways but not on rails;

(4)  (paragraph repealed);

(5)  “load” means any goods in, on, or transported by an automobile;

(6)  “public highway” means any part of a bridge, road, street, place, square or other ground open to public automobile traffic, except grounds, other than public roads, used for automobile traffic of one or more of the categories mentioned in paragraph b of section 17;

(7)  “spouses” means a man and a woman who are

(a)  married and cohabiting, or

(b)  living together as husband and wife and, at the time of the accident,

i.  have been living together for three years, or for one year if a child has issued from their union, and

ii.  have been publicly represented as spouses;

(8)  “Corporation” means the Corporation des assureurs agréés established under section 156;

(9)  (paragraph repealed);

(10)  “damage caused by an automobile” means any damage caused by or by the use of an automobile or by the load of an automobile, including damage caused by a trailer used with an automobile, but excluding damage caused by the autonomous act of an animal that is part of the load;

(11)  “bodily injury” means physical, psychological or mental injury, including death, and any damage caused to a victim in an accident, except property damage as defined in paragraph 12;

(12)  “property damage” means damage caused in an accident to an automobile or to other property, except damage to the clothing worn by a victim at the time of the accident;

(13)  “employment” means any remunerative occupation;

(14)  “establishment” means an establishment within the meaning of the Act respecting health services and social services (chapter S-5);

(15)  (inoperative);

(16)  “garage operator” means the person who operates an establishment where road vehicles are maintained or repaired, and receives payment therefor;

(17)  “indemnity” means compensation of any kind provided for by Title II of this Act;

(18)  “rate manual” means the documents of an authorized insurer in which his rules of classification of risks, and the premiums applicable to each, are identified and defined;

(19)  “Minister” means the Minister of Transport;

(20)  “dependant” means

(a)  a spouse;

(b)  a person who is, or, as the case may be, was, married to the victim, and

i.  is separated from him defacto or legally, or whose marriage has been dissolved by a final judgment of divorce or declared null by a declaration of nullity of marriage; and

ii.  at the time of the accident, was entitled to receive an alimentary pension from the victim pursuant to a judgment or an agreement;

(c)  a person related to the victim by blood or adoption, and any stranger who stood in loco parentis to the victim or to whom the victim stood in loco parentis, who, at the time of the accident, was wholly or substantially maintained by the income of the victim;

(21)  “person at home” means a person, having or not having a spouse, whose chief occupation consists in attending to the usual occupations of a person who stays at home for the benefit of that person’s household;

(22)  “prescribed” means prescribed by regulation of the Régie;

(23)  (paragraph repealed);

(24)  “claimant” means a victim within the meaning of subparagraph a of paragraph 28 or, where such is the case, his assigns or dependants;

(25)  “Régie” means the Régie de l’assurance automobile du Québec established by the Act respecting the Régie de l’assurance automobile du Québec (chapter R-4);

(26)  “resident” means any person authorized by law to be or remain in Canada, living and ordinarily present in Québec, unless merely touring, passing through or visiting there;

(27)  (paragraph repealed);

(28)  “victim”,

(a)  for the purposes of Title II regarding compensation for bodily injury, means every person sustaining bodily injury in an accident, including the owner or driver of and every passenger in each automobile involved in the accident;

(b)  for the purposes of Title III regarding compensation for property damage, and of Title IV regarding the Indemnisation by the Régie, means every person sustaining property damage in an accident, including the owner or driver of and every passenger in each automobile involved in the accident;

(29)  “theft” refers to the offence described in section 322 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46).

1977, c. 68, s. 1; 1980, c. 38, s. 1; 1980, c. 38, s. 24; 1981, c. 7, s. 540; 1982, c. 59, s. 1; 1982, c. 52, s. 50, s. 51; 1982, c. 59, s. 68; 1986, c. 91, s. 661.

1987-06-29

1. In this Act and in the regulations, unless otherwise indicated by the context,

(1)  “accident” means an event in which damage is caused by an automobile;

(2)  “authorized insurer” means an insurer authorized to transact automobile insurance under the Act respecting insurance (chapter A-32), holding a permit from the Inspector General of Financial Institutions, except a person who transacts reinsurance only;

(3)  “automobile” means any vehicle propelled by any power other than muscular force and adapted for transportation on the public highways but not on rails;

(4)  (paragraph repealed);

(5)  “load” means any goods in, on, or transported by an automobile;

(6)  “public highway” means any part of a bridge, road, street, place, square or other ground open to public automobile traffic, except grounds, other than public roads, used for automobile traffic of one or more of the categories mentioned in paragraph b of section 17;

(7)  “spouses” means a man and a woman who are

(a)  married and cohabiting, or

(b)  living together as husband and wife and, at the time of the accident,

i.  have been living together for three years, or for one year if a child has issued from their union, and

ii.  have been publicly represented as spouses;

(8)  “Corporation” means the Corporation des assureurs agréés established under section 156;

(9)  (paragraph repealed);

(10)  “damage caused by an automobile” means any damage caused by or by the use of an automobile or by the load of an automobile, including damage caused by a trailer used with an automobile, but excluding damage caused by the autonomous act of an animal that is part of the load;

(11)  “bodily injury” means physical, psychological or mental injury, including death, and any damage caused to a victim in an accident, except property damage as defined in paragraph 12;

(12)  “property damage” means damage caused in an accident to an automobile or to other property, except damage to the clothing worn by a victim at the time of the accident;

(13)  “employment” means any remunerative occupation;

(14)  “establishment” means an establishment within the meaning of the Act respecting health services and social services (chapter S-5);

(15)  (inoperative);

(16)  “garage operator” means the person who operates an establishment where road vehicles are maintained or repaired, and receives payment therefor;

(17)  “indemnity” means compensation of any kind provided for by Title II of this act;

(18)  “rate manual” means the documents of an authorized insurer in which his rules of classification of risks, and the premiums applicable to each, are identified and defined;

(19)  “Minister” means the Minister of Transport;

(20)  “dependant” means

(a)  a spouse;

(b)  a person who is, or, as the case may be, was, married to the victim, and

i.  is separated from him defacto or legally, or whose marriage has been dissolved by a final judgment of divorce or declared null by a declaration of nullity of marriage; and

ii.  at the time of the accident, was entitled to receive an alimentary pension from the victim pursuant to a judgment or an agreement;

(c)  a person related to the victim by blood or adoption, and any stranger who stood in loco parentis to the victim or to whom the victim stood in loco parentis, who, at the time of the accident, was wholly or substantially maintained by the income of the victim;

(21)  “person at home” means a person, having or not having a spouse, whose chief occupation consists in attending to the usual occupations of a person who stays at home for the benefit of that person’s household;

(22)  “prescribed” means prescribed by regulation of the Régie;

(23)  (paragraph repealed);

(24)  “claimant” means a victim within the meaning of subparagraph a of paragraph 28 or, where such is the case, his assigns or dependants;

(25)  “Régie” means the Régie de l’assurance automobile du Québec established by the Act respecting the Régie de l’assurance automobile du Québec (chapter R-4);

(26)  “resident” means any person authorized by law to be or remain in Canada, living and ordinarily present in Québec, unless merely touring, passing through or visiting there;

(27)  (paragraph repealed);

(28)  “victim”,

(a)  for the purposes of Title II regarding compensation for bodily injury, means every person sustaining bodily injury in an accident, including the owner or driver of and every passenger in each automobile involved in the accident;

(b)  for the purposes of Title III regarding compensation for property damage, and of Title IV regarding the Indemnisation by the Régie, means every person sustaining property damage in an accident, including the owner or driver of and every passenger in each automobile involved in the accident;

(29)  “theft” refers to the offence described in section 283 of the Criminal Code.

1977, c. 68, s. 1; 1980, c. 38, s. 1; 1980, c. 38, s. 24; 1981, c. 7, s. 540; 1982, c. 59, s. 1; 1982, c. 52, s. 50, s. 51; 1982, c. 59, s. 68; 1986, c. 91, s. 661.

1983-03-01

1. In this act and in the regulations, unless otherwise indicated by the context,

(1)  “accident” means an event in which damage is caused by an automobile;

(2)  “authorized insurer” means an insurer authorized to transact automobile insurance under the Act respecting insurance (chapter A-32), holding a permit from the Inspector General of Financial Institutions, except a person who transacts reinsurance only;

(3)  “automobile” means any vehicle propelled by any power other than muscular force and adapted for transportation on the public highways but not on rails;

(4)  (paragraph repealed);

(5)  “load” means any goods in, on, or transported by an automobile;

(6)  “public highway” means any part of a bridge, road, street, place, square or other ground open to public automobile traffic, except grounds, other than public roads, used for automobile traffic of one or more of the categories mentioned in paragraph b of section 17;

(7)  “spouses” means a man and a woman who are

(a)  married and cohabiting, or

(b)  living together as husband and wife and, at the time of the accident,

i.  have been living together for three years, or for one year if a child has issued from their union, and

ii.  have been publicly represented as spouses;

(8)  “Corporation” means the Corporation des assureurs agréés established under section 156;

(9)  (paragraph repealed);

(10)  “damage caused by an automobile” means any damage caused by or by the use of an automobile or by the load of an automobile, including damage caused by a trailer used with an automobile, but excluding damage caused by the autonomous act of an animal that is part of the load;

(11)  “bodily injury” means physical, psychological or mental injury, including death, and any damage caused to a victim in an accident, except property damage as defined in paragraph 12;

(12)  “property damage” means damage caused in an accident to an automobile or to other property, except damage to the clothing worn by a victim at the time of the accident;

(13)  “employment” means any remunerative occupation;

(14)  “establishment” means an establishment within the meaning of the Act respecting health services and social services (chapter S-5);

(15)  inoperative;

(16)  “garagist” means the holder of a garage licence within the meaning of the Highway Code, as well as a person who operates an establishment where repairs are made to the body of the vehicle only, without any alteration being made therein, and where automobiles are not stored at the same time;

(17)  “indemnity” means compensation of any kind provided for by Title II of this act;

(18)  “rate manual” means the documents of an authorized insurer in which his rules of classification of risks, and the premiums applicable to each, are identified and defined;

(19)  “Minister” means the Minister of Transport;

(20)  “dependant” means

(a)  a spouse;

(b)  a person who is, or, as the case may be, was, married to the victim, and

i.  is separated from him defacto or legally, or whose marriage has been dissolved by a final judgment of divorce or declared null by a declaration of nullity of marriage; and

ii.  at the time of the accident, was entitled to receive an alimentary pension from the victim pursuant to a judgment or an agreement;

(c)  a person related to the victim by blood or adoption, and any stranger who stood in loco parentis to the victim or to whom the victim stood in loco parentis, who, at the time of the accident, was wholly or substantially maintained by the income of the victim;

(21)  “person at home” means a person, having or not having a spouse, whose chief occupation consists in attending to the usual occupations of a person who stays at home for the benefit of that person’s household;

(22)  “prescribed” means prescribed by regulation of the Régie;

(23)  (paragraph repealed);

(24)  “claimant” means a victim within the meaning of subparagraph a of paragraph 28 or, where such is the case, his assigns or dependants;

(25)  “Régie” means the Régie de l’assurance automobile du Québec established by the Act respecting the Régie de l’assurance automobile du Québec (chapter R-4);

(26)  “resident” means any person authorized by law to be or remain in Canada, living and ordinarily present in Québec, unless merely touring, passing through or visiting there;

(27)  (paragraph repealed);

(28)  “victim”,

(a)  for the purposes of Title II regarding compensation for bodily injury, means every person sustaining bodily injury in an accident, including the owner or driver of and every passenger in each automobile involved in the accident;

(b)  for the purposes of Title III regarding compensation for property damage, and of Title IV regarding the Indemnisation by the Régie, means every person sustaining property damage in an accident, including the owner or driver of and every passenger in each automobile involved in the accident;

(29)  “theft” refers to the offence described in section 283 of the Criminal Code.

1977, c. 68, s. 1; 1980, c. 38, s. 1; 1980, c. 38, s. 24; 1981, c. 7, s. 540; 1982, c. 59, s. 1; 1982, c. 52, s. 50, s. 51; 1982, c. 59, s. 68.

1983-01-01

1. In this act and in the regulations, unless otherwise indicated by the context,

(1)  “accident” means an event in which damage is caused by an automobile;

(2)  “authorized insurer” means an insurer authorized to transact automobile insurance under the Act respecting insurance (chapter A-32), holding a permit from the Superintendent of Insurance, except a person who transacts reinsurance only;

(3)  “automobile” means any vehicle propelled by any power other than muscular force and adapted for transportation on the public highways but not on rails;

(4)  repealed;

(5)  “load” means any goods in, on, or transported by an automobile;

(6)  “public highway” means any part of a bridge, road, street, place, square or other ground open to public automobile traffic, except grounds, other than public roads, used for automobile traffic of one or more of the categories mentioned in paragraph b of section 17;

(7)  “spouses” means a man and a woman who are

(a)  married and cohabiting, or

(b)  living together as husband and wife and, at the time of the accident,

i.  have been living together for three years, or for one year if a child has issued from their union, and

ii.  have been publicly represented as spouses;

(8)  “Corporation” means the Corporation des assureurs agréés established under section 156;

(9)  repealed;

(10)  “damage caused by an automobile” means any damage caused by or by the use of an automobile or by the load of an automobile, including damage caused by a trailer used with an automobile, but excluding damage caused by the autonomous act of an animal that is part of the load;

(11)  “bodily injury” means physical, psychological or mental injury, including death, and any damage caused to a victim in an accident, except property damage as defined in paragraph 12;

(12)  “property damage” means damage caused in an accident to an automobile or to other property, except damage to the clothing worn by a victim at the time of the accident;

(13)  “employment” means any remunerative occupation;

(14)  “establishment” means an establishment within the meaning of the Act respecting health services and social services (chapter S-5);

(15)  “Fonds d’indemnisation” means the Fonds d’indemnisation established by section 122;

(16)  “garagist” means the holder of a garage licence within the meaning of the Highway Code, as well as a person who operates an establishment where repairs are made to the body of the vehicle only, without any alteration being made therein, and where automobiles are not stored at the same time;

(17)  “indemnity” means compensation of any kind provided for by Title II of this act;

(18)  “rate manual” means the documents of an authorized insurer in which his rules of classification of risks, and the premiums applicable to each, are identified and defined;

(19)  “Minister” means the Minister of Transport;

(20)  “dependant” means

(a)  a spouse;

(b)  a person who is, or, as the case may be, was, married to the victim, and

i.  is separated from him defacto or legally, or whose marriage has been dissolved by a final judgment of divorce or declared null by a declaration of nullity of marriage; and

ii.  at the time of the accident, was entitled to receive an alimentary pension from the victim pursuant to a judgment or an agreement;

(c)  a person related to the victim by blood or adoption, and any stranger who stood in loco parentis to the victim or to whom the victim stood in loco parentis, who, at the time of the accident, was wholly or substantially maintained by the income of the victim;

(21)  “person at home” means a person, having or not having a spouse, whose chief occupation consists in attending to the usual occupations of a person who stays at home for the benefit of that person’s household;

(22)  “prescribed” means prescribed by regulation of the Régie;

(23)  repealed;

(24)  “claimant” means a victim within the meaning of subparagraph a of paragraph 28 or, where such is the case, his assigns or dependants;

(25)  “Régie” means the Régie de l’assurance automobile du Québec established by the Act respecting the Régie de l’assurance automobile du Québec (chapter R-4);

(26)  “resident” means any person authorized by law to be or remain in Canada, living and ordinarily present in Québec, unless merely touring, passing through or visiting there;

(27)  “Superintendent of Insurance” means the officer appointed under section 4 of the Act respecting insurance;

(28)  “victim”,

(a)  for the purposes of Title II regarding compensation for bodily injury, means every person sustaining bodily injury in an accident, including the owner or driver of and every passenger in each automobile involved in the accident;

(b)  for the purposes of Title III regarding compensation for property damage, and of Title IV regarding the Fonds d’indemnisation, means every person sustaining property damage in an accident, including the owner or driver of and every passenger in each automobile involved in the accident;

(29)  “theft” refers to the offence described in section 283 of the Criminal Code.

1977, c. 68, s. 1; 1980, c. 38, s. 1; 1980, c. 38, s. 24; 1981, c. 7, s. 540; 1982, c. 59, s. 1.

1982-01-01

1. In this act and in the regulations, unless otherwise indicated by the context,

(1)  “accident” means an event in which damage is caused by an automobile;

(2)  “authorized insurer” means an insurer authorized to transact automobile insurance under the Act respecting insurance (chapter A-32), holding a permit from the Superintendent of Insurance, except a person who transacts reinsurance only;

(3)  “automobile” means any vehicle propelled by any power other than muscular force and adapted for transportation on the public highways but not on rails;

(4)  repealed;

(5)  “load” means any goods in, on, or transported by an automobile;

(6)  “public highway” means any part of a bridge, road, street, place, square or other ground open to public automobile traffic, except grounds, other than public roads, used for automobile traffic of one or more of the categories mentioned in paragraph b of section 17;

(7)  “spouses” means a man and a woman who are

(a)  married and cohabiting, or

(b)  living together as husband and wife and, at the time of the accident,

i.  have been living together for three years, or for one year if a child has issued from their union, and

ii.  have been publicly represented as spouses;

(8)  “Corporation” means the Corporation des assureurs agréés established under section 156;

(9)  repealed;

(10)  “damage caused by an automobile” means any damage caused by or by the use of an automobile or by the load of an automobile, including damage caused by a trailer;

(11)  “bodily injury” means physical, psychological or mental injury, including death, and any damage caused to a victim in an accident, except property damage as defined in paragraph 12;

(12)  “property damage” means damage caused in an accident to an automobile or to other property, except damage to the clothing worn by a victim at the time of the accident;

(13)  “employment” means any remunerative occupation;

(14)  “establishment” means an establishment within the meaning of the Act respecting health services and social services (chapter S-5);

(15)  “Fonds d’indemnisation” means the Fonds d’indemnisation established by section 122;

(16)  “garagist” means the holder of a garage licence within the meaning of the Highway Code, as well as a person who operates an establishment where repairs are made to the body of the vehicle only, without any alteration being made therein, and where automobiles are not stored at the same time;

(17)  “indemnity” means compensation of any kind provided for by Title II of this act;

(18)  “rate manual” means the documents of an authorized insurer in which his rules of classification of risks, and the premiums applicable to each, are identified and defined;

(19)  “Minister” means the Minister of Transport;

(20)  “dependant” means

(a)  a spouse;

(b)  a person who is, or, as the case may be, was, married to the victim, and

i.  is separated from him defacto or legally, or whose marriage has been dissolved by a final judgment of divorce or declared null by a declaration of nullity of marriage; and

ii.  at the time of the accident, was entitled to receive an alimentary pension from the victim pursuant to a judgment or an agreement;

(c)  a person related to the victim by blood or adoption, and any stranger who stood in loco parentis to the victim or to whom the victim stood in loco parentis, who, at the time of the accident, was wholly or substantially maintained by the income of the victim;

(21)  “person at home” means a person, having or not having a spouse, whose chief occupation consists in attending to the usual occupations of a person who stays at home for the benefit of that person’s household;

(22)  “prescribed” means prescribed by regulation of the Régie;

(23)  repealed;

(24)  “claimant” means a victim within the meaning of subparagraph a of paragraph 28 or, where such is the case, his assigns or dependants;

(25)  “Régie” means the Régie de l’assurance automobile du Québec established by the Act respecting the Régie de l’assurance automobile du Québec (chapter R-4);

(26)  “resident” means any person authorized by law to be or remain in Canada, living and ordinarily present in Québec, unless merely touring, passing through or visiting there;

(27)  “Superintendent of Insurance” means the officer appointed under section 4 of the Act respecting insurance;

(28)  “victim”,

(a)  for the purposes of Title II regarding compensation for bodily injury, means every person sustaining bodily injury in an accident, including the owner or driver of and every passenger in each automobile involved in the accident;

(b)  for the purposes of Title III regarding compensation for property damage, and of Title IV regarding the Fonds d’indemnisation, means every person sustaining property damage in an accident, including the owner or driver of and every passenger in each automobile involved in the accident;

(29)  “theft” refers to the offence described in section 283 of the Criminal Code.

1977, c. 68, s. 1; 1980, c. 38, s. 1; 1980, c. 38, s. 24; 1981, c. 7, s. 540.

1980-12-24

1. In this act and in the regulations, unless otherwise indicated by the context,

(1)  “accident” means an event in which damage is caused by an automobile;

(2)  “authorized insurer” means an insurer authorized to transact automobile insurance under the Act respecting insurance (chapter A-32), holding a permit from the Superintendent of Insurance, except a person who transacts reinsurance only;

(3)  “automobile” means any vehicle propelled by any power other than muscular force and adapted for transportation on the public highways but not on rails;

(4)  inoperative;

(5)  “load” means any goods in, on, or transported by an automobile;

(6)  “public highway” means any part of a bridge, road, street, place, square or other ground open to public automobile traffic, except grounds, other than public roads, used for automobile traffic of one or more of the categories mentioned in paragraph b of section 17;

(7)  “spouses” means a man and a woman who are

(a)  married and cohabiting, or

(b)  living together as husband and wife and, at the time of the accident,

i.  have been living together for three years, or for one year if a child has issued from their union, and

ii.  have been publicly represented as spouses;

(8)  “Corporation” means the Corporation des assureurs agréés established under section 156;

(9)  inoperative;

(10)  “damage caused by an automobile” means any damage caused by or by the use of an automobile or by the load of an automobile, including damage caused by a trailer;

(11)  “bodily injury” means physical, psychological or mental injury, including death, and any damage caused to a victim in an accident, except property damage as defined in paragraph 12;

(12)  “property damage” means damage caused in an accident to an automobile or to other property, except damage to the clothing worn by a victim at the time of the accident;

(13)  “employment” means any remunerative occupation;

(14)  “establishment” means an establishment within the meaning of the Act respecting health services and social services (chapter S-5);

(15)  “Fonds d’indemnisation” means the Fonds d’indemnisation established by section 122;

(16)  “garagist” means the holder of a garage licence within the meaning of the Highway Code, as well as a person who operates an establishment where repairs are made to the body of the vehicle only, without any alteration being made therein, and where automobiles are not stored at the same time;

(17)  “indemnity” means compensation of any kind provided for by Title II of this act;

(18)  “rate manual” means the documents of an authorized insurer in which his rules of classification of risks, and the premiums applicable to each, are identified and defined;

(19)  “Minister” means the Minister of Transport;

(20)  “dependant” means

(a)  a spouse;

(b)  a person who is, or, as the case may be, was, married to the victim, and

i.  is separated from him defacto or legally, or whose marriage has been dissolved by a final judgment of divorce or declared null by a declaration of nullity of marriage; and

ii.  at the time of the accident, was entitled to receive an alimentary pension from the victim pursuant to a judgment or an agreement;

(c)  a person related to the victim by blood or adoption, and any stranger who stood in loco parentis to the victim or to whom the victim stood in loco parentis, who, at the time of the accident, was wholly or substantially maintained by the income of the victim;

(21)  “person at home” means a person, having or not having a spouse, whose chief occupation consists in attending to the usual occupations of a person who stays at home for the benefit of that person’s household;

(22)  “prescribed” means prescribed by regulation of the Régie;

(23)  “owner” means any person having acquired an automobile whose title of possession is absolute or conditional or subject to another term or condition entitling him to become the owner or enjoy the benefits of ownership of the automobile, whether subject to return or not;

(24)  “claimant” means a victim within the meaning of subparagraph a of paragraph 28 or, where such is the case, his assigns or dependants;

(25)  “Régie” means the Régie de l’assurance automobile du Québec established by the Act respecting the Régie de l’assurance automobile du Québec (chapter R-4);

(26)  “resident” means any person authorized by law to be or remain in Canada, living and ordinarily present in Québec, unless merely touring, passing through or visiting there;

(27)  “Superintendent of Insurance” means the officer appointed under section 4 of the Act respecting insurance;

(28)  “victim”,

(a)  for the purposes of Title II regarding compensation for bodily injury, means every person sustaining bodily injury in an accident, including the owner or driver of and every passenger in each automobile involved in the accident;

(b)  for the purposes of Title III regarding compensation for property damage, and of Title IV regarding the Fonds d’indemnisation, means every person sustaining property damage in an accident, including the owner or driver of and every passenger in each automobile involved in the accident;

(29)  “theft” refers to the offence described in section 283 of the Criminal Code.

1977, c. 68, s. 1; 1980, c. 38, s. 1; 1980, c. 38, s. 24.

1978-01-05

1. In this act and in the regulations, unless otherwise indicated by the context,

In force: 1978-02-16

(1)  “accident” means an event in which damage is caused by an automobile;

In force: 1978-01-11

(2)  “authorized insurer” means an insurer authorized to transact automobile insurance under the Act respecting insurance (chapter A-32), holding a permit from the Superintendent of Insurance, except a person who transacts reinsurance only;

In force: 1978-02-16

(3)  “automobile” means any vehicle propelled by any power other than muscular force and adapted for transportation on the public highways but not on rails;

(4)  “Bureau des véhicules automobiles” means the Bureau des véhicules automobiles established under the Highway Code (chapter C-24);

In force: 1978-02-16

(5)  “load” means any goods in, on, or transported by an automobile;

In force: 1978-02-16

(6)  “public highway” means any part of a bridge, road, street, place, square or other ground open to public automobile traffic, except grounds, other than public roads, used for automobile traffic of one or more of the categories mentioned in paragraph b of section 17;

In force: 1978-02-16

(7)  “spouses” means a man and a woman who are

(a)  married and cohabiting, or

(b)  living together as husband and wife and, at the time of the accident,

i.  have been living together for three years, or for one year if a child has issued from their union, and

ii.  have been publicly represented as spouses;

In force: 1978-01-11

(8)  “Corporation” means the Corporation des assureurs agréés established under section 156;

In force: 1978-02-16

(9)  “director” means the Director of the Bureau des véhicules automobiles;

In force: 1978-02-16

(10)  “damage caused by an automobile” means any damage caused by or by the use of an automobile or by the load of an automobile, including damage caused by a trailer;

In force: 1978-02-16

(11)  “bodily injury” means physical, psychological or mental injury, including death, and any damage caused to a victim in an accident, except property damage as defined in paragraph 12;

In force: 1978-02-16

(12)  “property damage” means damage caused in an accident to an automobile or to other property, except damage to the clothing worn by a victim at the time of the accident;

In force: 1978-02-16

(13)  “employment” means any remunerative occupation;

In force: 1978-02-16

(14)  “establishment” means an establishment within the meaning of the Act respecting health services and social services (chapter S-5);

In force: 1978-02-16

(15)  “Fonds d’indemnisation” means the Fonds d’indemnisation established by section 122;

In force: 1978-02-16

(16)  “garagist” means the holder of a garage licence within the meaning of the Highway Code, as well as a person who operates an establishment where repairs are made to the body of the vehicle only, without any alteration being made therein, and where automobiles are not stored at the same time;

In force: 1978-02-16

(17)  “indemnity” means compensation of any kind provided for by Title II of this act;

In force: 1978-02-16

(18)  “rate manual” means the documents of an authorized insurer in which his rules of classification of risks, and the premiums applicable to each, are identified and defined;

(19)  “Minister” means the Minister of Consumer Affairs, Cooperatives and Financial Institutions;

In force: 1978-02-16

(20)  “dependant” means

(a)  a spouse;

(b)  a person who is, or, as the case may be, was, married to the victim, and

i.  is separated from him defacto or legally, or whose marriage has been dissolved by a final judgment of divorce or declared null by a declaration of nullity of marriage; and

ii.  at the time of the accident, was entitled to receive an alimentary pension from the victim pursuant to a judgment or an agreement;

(c)  a person related to the victim by blood or adoption, and any stranger who stood in loco parentis to the victim or to whom the victim stood in loco parentis, who, at the time of the accident, was wholly or substantially maintained by the income of the victim;

In force: 1978-02-16

(21)  “person at home” means a person, having or not having a spouse, whose chief occupation consists in attending to the usual occupations of a person who stays at home for the benefit of that person’s household;

In force: 1978-02-16

(22)  “prescribed” means prescribed by regulation of the Régie;

In force: 1978-02-16

(23)  “owner” means any person having acquired an automobile whose title of possession is absolute or conditional or subject to another term or condition entitling him to become the owner or enjoy the benefits of ownership of the automobile, whether subject to return or not;

In force: 1978-02-16

(24)  “claimant” means a victim within the meaning of subparagraph a of paragraph 28 or, where such is the case, his assigns or dependants;

In force: 1978-02-16

(25)  “Régie” means the Régie de l’assurance automobile du Québec established by the Act respecting the Régie de l’assurance automobile du Québec (chapter R-4);

In force: 1978-02-16

(26)  “resident” means any person authorized by law to be or remain in Canada, living and ordinarily present in Québec, unless merely touring, passing through or visiting there;

In force: 1978-01-11

(27)  “Superintendent of Insurance” means the officer appointed under section 4 of the Act respecting insurance;

In force: 1978-02-16

(28)  “victim”,

(a)  for the purposes of Title II regarding compensation for bodily injury, means every person sustaining bodily injury in an accident, including the owner or driver of and every passenger in each automobile involved in the accident;

(b)  for the purposes of Title III regarding compensation for property damage, and of Title IV regarding the Fonds d’indemnisation, means every person sustaining property damage in an accident, including the owner or driver of and every passenger in each automobile involved in the accident;

In force: 1978-02-16

(29)  “theft” refers to the offence described in section 283 of the Criminal Code.

1977, c. 68, s. 1.