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A-25 - Automobile Insurance Act
Section 195
Disposition versions
195. The Société may make regulations for the purposes of Titles I and II
(1) to specify or to restrict the meaning of the definition of the expression “person resident in Québec”;
(2) to define, for the purposes of subparagraph 1 of the first paragraph of section 10, the expression “a device that can be operated independently”;
(3) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 2 of the first paragraph of section 10, the words “farm tractor”, “farm trailer”, “specialized vehicle” and “drawn machinery”;
(4) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 3 of the first paragraph of section 10, the words “snowmobile” and “vehicle intended for use off a public highway”;
(4.1) to define, for the purposes of subparagraph 5 of the first paragraph of section 10, the expressions “motor-assisted bicycle”, “motorized mobility aid” and “motorized personal mobility device”;
(5) to specify the cases where and the conditions on which an employment is deemed to be full-time, part-time or temporary;
(6) to establish the manner of determining the gross income that a salaried worker or self-employed worker derives from his employment;
(7) to establish the manner of determining the gross income for the purposes of section 17;
(8) to establish the manner of determining the gross income for the purposes of section 21;
(9) to identify classes of employments, determine gross incomes on a weekly or yearly basis corresponding to each class according to work experience and establish the manner of reducing such incomes to take into account the fact that the victim holds a part-time employment, for the purposes of sections 15, 20 and 31;
(9.1) to determine the catastrophic injuries or sequelae and to prescribe rules for evaluating them;
(9.2) to prescribe the method for computing the income replacement indemnity paid under the second and third paragraphs of section 40 and the related rules and terms;
(10) to establish the standards and procedures for determining an employment for a victim for the purposes of sections 45 and 48, identifying classes of employments, determining gross incomes on a yearly or weekly basis corresponding to each class according to work experience, and to establish the manner of reducing such incomes to take into account the fact that a victim holds a part-time employment;
(11) to establish the method for computing the net income of a victim and the amount equivalent to the income tax, the premium and the contribution referred to in section 52;
(11.1) to determine the amount of the lump sum indemnity for funeral expenses referred to in section 70;
(12) to determine the injuries, the functional or cosmetic sequelae and the minimum eligibility requirements applicable to the compensation of non-pecuniary damage under section 73 and to prescribe rules for evaluating non-pecuniary damage and rules for fixing indemnity amounts;
(13) (paragraph replaced);
(14) (paragraph replaced);
(15) to determine the cases and conditions entitling a person to the reimbursement of the expenses referred to in section 83.2 and to fix the maximum amount thereof;
(16) to determine what expenses may be reimbursed to a victim under the second paragraph of section 83.2;
(17) to establish the amounts paid to reimburse the cost of a health professional’s expert report to a person whose application for reconsideration, application for review or proceeding before the Administrative Tribunal of Québec is allowed;
(18) to prescribe conditions and a computation method for the determination of personal home assistance needs and the amount to be reimbursed and to prescribe the cases in which and the conditions subject to which the Société may replace the reimbursement of expenses by an equivalent weekly allowance;
(18.1) to determine the maximum reimbursement amounts for expenses incurred by a victim for personal assistance referred to in section 79;
(19) to prescribe the cases and conditions which give entitlement to the reimbursement of expenses or an availability allowance and to determine the maximum amount of such reimbursement and allowance;
(20) to determine the rules that a person applying for compensation must observe;
(21) to determine the rules that a health professional must observe when examining a person at the request of the Société;
(22) (paragraph repealed);
(23) to determine the conditions on which the Société may authorize the transmission of a document by means of a magnetic medium or an electronic system;
(24) to determine the rules of procedure applicable to the examination of matters under the jurisdiction of the Société;
(25) to determine the manner in which a person’s debt may be deducted from any sum due to that person by the Société;
(26) (paragraph repealed);
(27) to determine the indemnity provided for in section 80, which may vary according to the number of persons contemplated in the first paragraph of that section, and to prescribe in what cases and on what conditions the indemnity is adjusted according to the variation in that number of persons;
(27.1) to determine the maximum amounts up to which the expenses referred to in section 83 may be reimbursed, which may vary according to the number of persons contemplated in the first paragraph of that section, and to prescribe in what cases and on what conditions the reimbursement is adjusted according to the variation in that number of persons;
(28) to define, for the purposes of the second paragraph of section 48, the expressions “employment normally available” and “region where the victim resides”;
(29) to prescribe the cases and conditions in which and on which the income replacement indemnity contemplated in section 83.30 may be adjusted according to variations in the number of dependants;
(30) to prescribe the terms and conditions of payment to dependants of the indemnity contemplated in section 83.30;
(31) to determine the standards and methods allowing the computation of the number of offences or the number of demerit points to be taken into account and limiting the period to be taken into consideration in fixing or computing insurance contributions under sections 151, 151.2 and 151.3;
(32) to determine the standards and methods permitting to limit the period to be taken into consideration in fixing or computing insurance contributions under sections 151, 151.2 and 151.3;
(33) to determine the professional orders whose members are health professionals for the purposes of Chapter VI of Title II;
(34) to prescribe rules, conditions and a method applicable to the computation of a single-payment indemnity paid under section 83.22;
(35) to prescribe cases requiring the payment of interest by the Société;
(36) to determine rules governing the application of Chapter II of Title IV as well as rules for the determination of the deductibles provided for in sections 145 and 148 and to prescribe the reimbursement of other expenses to victims, the maximum amount that may be so reimbursed and the conditions for reimbursement.
195. The Société may make regulations for the purposes of Titles I and II
(1) to specify or to restrict the meaning of the definition of the expression “person resident in Québec”;
(2) to define, for the purposes of subparagraph 1 of the first paragraph of section 10, the expression “a device that can be operated independently”;
(3) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 2 of the first paragraph of section 10, the words “farm tractor”, “farm trailer”, “specialized vehicle” and “drawn machinery”;
(4) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 3 of the first paragraph of section 10, the words “snowmobile” and “vehicle intended for use off a public highway”;
(4.1) to define, for the purposes of subparagraph 5 of the first paragraph of section 10, the expressions “motor-assisted bicycle”, “motorized mobility aid” and “motorized personal mobility device”;
(5) to specify the cases where and the conditions on which an employment is deemed to be full-time, part-time or temporary;
(6) to establish the manner of determining the gross income that a salaried worker or self-employed worker derives from his employment;
(7) to establish the manner of determining the gross income for the purposes of section 17;
(8) to establish the manner of determining the gross income for the purposes of section 21;
(9) to identify classes of employments, determine gross incomes on a weekly or yearly basis corresponding to each class according to work experience and establish the manner of reducing such incomes to take into account the fact that the victim holds a part-time employment, for the purposes of sections 15, 20 and 31;
(10) to establish the standards and procedures for determining an employment for a victim for the purposes of sections 45 and 48, identifying classes of employments, determining gross incomes on a yearly or weekly basis corresponding to each class according to work experience, and to establish the manner of reducing such incomes to take into account the fact that a victim holds a part-time employment;
(11) to establish the method for computing the net income of a victim and the amount equivalent to the income tax, the premium and the contribution referred to in section 52;
(12) to determine the injuries, the functional or cosmetic sequelae and the minimum eligibility requirements applicable to the compensation of non-pecuniary damage under section 73 and to prescribe rules for evaluating non-pecuniary damage and rules for fixing indemnity amounts;
(13) (paragraph replaced);
(14) (paragraph replaced);
(15) to determine the cases and conditions entitling a person to the reimbursement of the expenses referred to in section 83.2 and to fix the maximum amount thereof;
(16) to determine what expenses may be reimbursed to a victim under the second paragraph of section 83.2;
(17) to fix the amounts paid to reimburse the cost of a medical expert’s report to a person whose application for review or proceeding before the Administrative Tribunal of Québec is allowed;
(18) to prescribe conditions and a computation method for the determination of personal home assistance needs and the amount to be reimbursed and to prescribe the cases in which and the conditions subject to which the Société may replace the reimbursement of expenses by an equivalent weekly allowance;
(19) to prescribe the cases and conditions which give entitlement to the reimbursement of expenses or an availability allowance and to determine the maximum amount of such reimbursement and allowance;
(20) to determine the rules that a person applying for compensation must observe;
(21) to determine the rules that a health professional must observe when examining a person at the request of the Société;
(22) (paragraph repealed);
(23) to determine the conditions on which the Société may authorize the transmission of a document by means of a magnetic medium or an electronic system;
(24) to determine the rules of procedure applicable to the examination of matters under the jurisdiction of the Société;
(25) to determine the manner in which a person’s debt may be deducted from any sum due to that person by the Société;
(26) (paragraph repealed);
(27) to prescribe in what cases and on what conditions the indemnity described in section 80 and the reimbursement of expenses described in section 83 may be adjusted according to the variation in the number of persons contemplated therein;
(28) to define, for the purposes of the second paragraph of section 48, the expressions “employment normally available” and “region where the victim resides”;
(29) to prescribe the cases and conditions in which and on which the income replacement indemnity contemplated in section 83.30 may be adjusted according to variations in the number of dependants;
(30) to prescribe the terms and conditions of payment to dependants of the indemnity contemplated in section 83.30;
(31) to determine the standards and methods allowing the computation of the number of offences or the number of demerit points to be taken into account and limiting the period to be taken into consideration in fixing or computing insurance contributions under sections 151, 151.2 and 151.3;
(32) to determine the standards and methods permitting to limit the period to be taken into consideration in fixing or computing insurance contributions under sections 151, 151.2 and 151.3;
(33) to determine the professional orders whose members are health professionals for the purposes of Chapter VI of Title II;
(34) to prescribe rules, conditions and a method applicable to the computation of a single-payment indemnity paid under section 83.22;
(35) to prescribe cases requiring the payment of interest by the Société;
(36) to determine rules governing the application of Chapter II of Title IV as well as rules for the determination of the deductibles provided for in sections 145 and 148 and to prescribe the reimbursement of other expenses to victims, the maximum amount that may be so reimbursed and the conditions for reimbursement.
195. The Société may make regulations for the purposes of Titles I and II
(1) to specify or to restrict the meaning of the definition of the expression “person resident in Québec”;
(2) to define, for the purposes of subparagraph 1 of the first paragraph of section 10, the expression “a device that can be operated independently”;
(3) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 2 of the first paragraph of section 10, the words “farm tractor”, “farm trailer”, “specialized vehicle” and “drawn machinery”;
(4) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 3 of the first paragraph of section 10, the words “snowmobile” and “vehicle intended for use off a public highway”;
(5) to specify the cases where and the conditions on which an employment is deemed to be full-time, part-time or temporary;
(6) to establish the manner of determining the gross income that a salaried worker or self-employed worker derives from his employment;
(7) to establish the manner of determining the gross income for the purposes of section 17;
(8) to establish the manner of determining the gross income for the purposes of section 21;
(9) to identify classes of employments, determine gross incomes on a weekly or yearly basis corresponding to each class according to work experience and establish the manner of reducing such incomes to take into account the fact that the victim holds a part-time employment, for the purposes of sections 15, 20 and 31;
(10) to establish the standards and procedures for determining an employment for a victim for the purposes of sections 45 and 48, identifying classes of employments, determining gross incomes on a yearly or weekly basis corresponding to each class according to work experience, and to establish the manner of reducing such incomes to take into account the fact that a victim holds a part-time employment;
(11) to establish the method for computing the net income of a victim and the amount equivalent to the income tax, the premium and the contribution referred to in section 52;
(12) to determine the injuries, the functional or cosmetic sequelae and the minimum eligibility requirements applicable to the compensation of non-pecuniary damage under section 73 and to prescribe rules for evaluating non-pecuniary damage and rules for fixing indemnity amounts;
(13) (paragraph replaced);
(14) (paragraph replaced);
(15) to determine the cases and conditions entitling a person to the reimbursement of the expenses referred to in section 83.2 and to fix the maximum amount thereof;
(16) to determine what expenses may be reimbursed to a victim under the second paragraph of section 83.2;
(17) to fix the amounts paid to reimburse the cost of a medical expert’s report to a person whose application for review or proceeding before the Administrative Tribunal of Québec is allowed;
(18) to prescribe conditions and a computation method for the determination of personal home assistance needs and the amount to be reimbursed and to prescribe the cases in which and the conditions subject to which the Société may replace the reimbursement of expenses by an equivalent weekly allowance;
(19) to prescribe the cases and conditions which give entitlement to the reimbursement of expenses or an availability allowance and to determine the maximum amount of such reimbursement and allowance;
(20) to determine the rules that a person applying for compensation must observe;
(21) to determine the rules that a health professional must observe when examining a person at the request of the Société;
(22) (paragraph repealed);
(23) to determine the conditions on which the Société may authorize the transmission of a document by means of a magnetic medium or an electronic system;
(24) to determine the rules of procedure applicable to the examination of matters under the jurisdiction of the Société;
(25) to determine the manner in which a person’s debt may be deducted from any sum due to that person by the Société;
(26) (paragraph repealed);
(27) to prescribe in what cases and on what conditions the indemnity described in section 80 and the reimbursement of expenses described in section 83 may be adjusted according to the variation in the number of persons contemplated therein;
(28) to define, for the purposes of the second paragraph of section 48, the expressions “employment normally available” and “region where the victim resides”;
(29) to prescribe the cases and conditions in which and on which the income replacement indemnity contemplated in section 83.30 may be adjusted according to variations in the number of dependants;
(30) to prescribe the terms and conditions of payment to dependants of the indemnity contemplated in section 83.30;
(31) to determine the standards and methods allowing the computation of the number of offences or the number of demerit points to be taken into account and limiting the period to be taken into consideration in fixing or computing insurance contributions under sections 151, 151.2 and 151.3;
(32) to determine the standards and methods permitting to limit the period to be taken into consideration in fixing or computing insurance contributions under sections 151, 151.2 and 151.3;
(33) to determine the professional orders whose members are health professionals for the purposes of Chapter VI of Title II;
(34) to prescribe rules, conditions and a method applicable to the computation of a single-payment indemnity paid under section 83.22;
(35) to prescribe cases requiring the payment of interest by the Société;
(36) to determine rules governing the application of Chapter II of Title IV as well as rules for the determination of the deductibles provided for in sections 145 and 148 and to prescribe the reimbursement of other expenses to victims, the maximum amount that may be so reimbursed and the conditions for reimbursement.
195. The Société may make regulations for the purposes of Titles I and II
(1) to specify or to restrict the meaning of the definition of the expression “person resident in Québec”;
(2) to define, for the purposes of subparagraph 1 of the first paragraph of section 10, the expression “a device that can be operated independently”;
(3) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 2 of the first paragraph of section 10, the words “farm tractor”, “farm trailer”, “specialized vehicle” and “drawn machinery”;
(4) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 3 of the first paragraph of section 10, the words “snowmobile” and “vehicle intended for use off a public highway”;
(5) to specify the cases where and the conditions on which an employment is deemed to be full-time, part-time or temporary;
(6) to establish the manner of determining the gross income that a salaried worker or self-employed worker derives from his employment;
(7) to establish the manner of determining the gross income for the purposes of section 17;
(8) to establish the manner of determining the gross income for the purposes of section 21;
(9) to identify classes of employments, determine gross incomes on a weekly or yearly basis corresponding to each class according to work experience and establish the manner of reducing such incomes to take into account the fact that the victim holds a part-time employment, for the purposes of sections 15, 20 and 31;
(10) to establish the standards and procedures for determining an employment for a victim for the purposes of sections 45 and 48, identifying classes of employments, determining gross incomes on a yearly or weekly basis corresponding to each class according to work experience, and to establish the manner of reducing such incomes to take into account the fact that a victim holds a part-time employment;
(11) to establish the method for computing the net income of a victim and the amount equivalent to the income tax, the premium and the contribution referred to in section 52;
(12) to establish a schedule of permanent impairments and fix the percentage attributed to each impairment;
(13) to fix or provide for the determination of an additional percentage where the permanent impairment affects symmetrical organs or an organ that is symmetrical to an already impaired organ, taking into account the nature of the impaired organs and the anatomical or functional nature of the impairments;
(14) to provide a method of computation allowing the reduction of percentages attributed to permanent impairments where a victim suffers from several impairments;
(15) to determine the cases and conditions entitling a person to the reimbursement of the expenses referred to in section 83.2 and to fix the maximum amount thereof;
(16) to determine what expenses may be reimbursed to a victim under the second paragraph of section 83.2;
(17) to fix the amounts paid to reimburse the cost of a medical expert’s report to a person whose application for review or proceeding before the Administrative Tribunal of Québec is allowed;
(18) to determine the cases and conditions entitling a person to the reimbursement of the expenses or to the availability allowance referred to in section 83.5 and to fix the maximum amount of such expenses and allowance;
(19) to prescribe the standards, conditions and maximum amounts according to which the reimbursement of expenses described in section 79 may be made and the cases in which the Société may replace reimbursements by an equivalent weekly allowance;
(20) to determine the rules that a person applying for compensation must observe;
(21) to determine the rules that a health professional must observe when examining a person at the request of the Société;
(22) to determine the cases and conditions entitling a person to the reimbursement of the expenses or to the availability allowance referred to in section 83.13 and to fix the maximum amount of such expenses and allowance;
(23) to determine the conditions on which the Société may authorize the transmission of a document by means of a magnetic medium or an electronic system;
(24) to determine the rules of procedure applicable to the examination of matters under the jurisdiction of the Société;
(25) to determine the manner in which a person’s debt may be deducted from any sum due to that person by the Société;
(26) to prescribe the method by which the amount contemplated in section 72 is computed and establish the terms and conditions of payment of such amount by periodic instalments;
(27) to prescribe in what cases and on what conditions the indemnity described in section 80 and the reimbursement of expenses described in section 83 may be adjusted according to the variation in the number of persons contemplated therein;
(28) to define, for the purposes of the second paragraph of section 48, the expressions “employment normally available” and “region where the victim resides”;
(29) to prescribe the cases and conditions in which and on which the income replacement indemnity contemplated in section 83.30 may be adjusted according to variations in the number of dependants;
(30) to prescribe the terms and conditions of payment to dependants of the indemnity contemplated in section 83.30;
(31) to determine the standards and methods allowing the computation of the number of offences or the number of demerit points to be taken into account and limiting the period to be taken into consideration in fixing or computing insurance contributions under sections 151, 151.2 and 151.3;
(32) to determine the standards and methods permitting to limit the period to be taken into consideration in fixing or computing insurance contributions under sections 151, 151.2 and 151.3.
195. The Société may make regulations for the purposes of Titles I and II
(1) to specify or to restrict the meaning of the definition of the expression “person resident in Québec”;
(2) to define, for the purposes of subparagraph 1 of the first paragraph of section 10, the expression “a device that can be operated independently”;
(3) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 2 of the first paragraph of section 10, the words “farm tractor”, “farm trailer”, “specialized vehicle” and “drawn machinery”;
(4) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 3 of the first paragraph of section 10, the words “snowmobile” and “vehicle intended for use off a public highway”;
(5) to specify the cases where and the conditions on which an employment is considered to be full-time, part-time or temporary;
(6) to establish the manner of determining the gross income that a salaried worker or self-employed worker derives from his employment;
(7) to establish the manner of determining the gross income for the purposes of section 17;
(8) to establish the manner of determining the gross income for the purposes of section 21;
(9) to identify classes of employments, determine gross incomes on a weekly or yearly basis corresponding to each class according to work experience and establish the manner of reducing such incomes to take into account the fact that the victim holds a part-time employment, for the purposes of sections 15, 20 and 31;
(10) to establish the standards and procedures for determining an employment for a victim for the purposes of sections 45 and 48, identifying classes of employments, determining gross incomes on a yearly or weekly basis corresponding to each class according to work experience, and to establish the manner of reducing such incomes to take into account the fact that a victim holds a part-time employment;
(11) to establish the method for computing the net income of a victim and the amount equivalent to the income tax, the premium and the contribution referred to in section 52;
(12) to establish a schedule of permanent impairments and fix the percentage attributed to each impairment;
(13) to fix or provide for the determination of an additional percentage where the permanent impairment affects symmetrical organs or an organ that is symmetrical to an already impaired organ, taking into account the nature of the impaired organs and the anatomical or functional nature of the impairments;
(14) to provide a method of computation allowing the reduction of percentages attributed to permanent impairments where a victim suffers from several impairments;
(15) to determine the cases and conditions entitling a person to the reimbursement of the expenses referred to in section 83.2 and to fix the maximum amount thereof;
(16) to determine what expenses may be reimbursed to a victim under the second paragraph of section 83.2;
(17) to fix the amounts paid to reimburse the cost of a medical expert’s report to a person whose application for review or proceeding before the Administrative Tribunal of Québec is allowed;
(18) to determine the cases and conditions entitling a person to the reimbursement of the expenses or to the availability allowance referred to in section 83.5 and to fix the maximum amount of such expenses and allowance;
(19) to prescribe the standards, conditions and maximum amounts according to which the reimbursement of expenses described in section 79 may be made and the cases in which the Société may replace reimbursements by an equivalent weekly allowance;
(20) to determine the rules that a person applying for compensation must observe;
(21) to determine the rules that a health professional must observe when examining a person at the request of the Société;
(22) to determine the cases and conditions entitling a person to the reimbursement of the expenses or to the availability allowance referred to in section 83.13 and to fix the maximum amount of such expenses and allowance;
(23) to determine the conditions on which the Société may authorize the transmission of a document by means of a magnetic medium or an electronic system;
(24) to determine the rules of procedure applicable to the examination of matters under the jurisdiction of the Société;
(25) to determine the manner in which a person’s debt may be deducted from any sum due to that person by the Société;
(26) to prescribe the method by which the amount contemplated in section 72 is computed and establish the terms and conditions of payment of such amount by periodic instalments;
(27) to prescribe in what cases and on what conditions the indemnity described in section 80 and the reimbursement of expenses described in section 83 may be adjusted according to the variation in the number of persons contemplated therein;
(28) to define, for the purposes of the second paragraph of section 48, the expressions “employment normally available” and “region where the victim resides”;
(29) to prescribe the cases and conditions in which and on which the income replacement indemnity contemplated in section 83.30 may be adjusted according to variations in the number of dependants;
(30) to prescribe the terms and conditions of payment to dependants of the indemnity contemplated in section 83.30;
(31) to determine the standards and methods allowing the computation of the number of offences or the number of demerit points to be taken into account and limiting the period to be taken into consideration in fixing or computing insurance contributions under sections 151, 151.2 and 151.3;
(32) to determine the standards and methods permitting to limit the period to be taken into consideration in fixing or computing insurance contributions under sections 151, 151.2 and 151.3.
195. The Société may make regulations for the purposes of Titles I and II
(1) to specify or to restrict the meaning of the definition of the expression “person resident in Québec”;
(2) to define, for the purposes of subparagraph 1 of the first paragraph of section 10, the expression “a device that can be operated independently”;
(3) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 2 of the first paragraph of section 10, the words “farm tractor”, “farm trailer”, “specialized vehicle” and “drawn machinery”;
(4) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 3 of the first paragraph of section 10, the words “snowmobile” and “vehicle intended for use off a public highway”;
(5) to specify the cases where and the conditions on which an employment is considered to be full-time, part-time or temporary;
(6) to establish the manner of determining the gross income that a salaried worker or self-employed worker derives from his employment;
(7) to establish the manner of determining the gross income for the purposes of section 17;
(8) to establish the manner of determining the gross income for the purposes of section 21;
(9) to identify classes of employments, determine gross incomes on a weekly or yearly basis corresponding to each class according to work experience and establish the manner of reducing such incomes to take into account the fact that the victim holds a part-time employment, for the purposes of sections 15, 20 and 31;
(10) to establish the standards and procedures for determining an employment for a victim for the purposes of sections 45 and 48, identifying classes of employments, determining gross incomes on a yearly or weekly basis corresponding to each class according to work experience, and to establish the manner of reducing such incomes to take into account the fact that a victim holds a part-time employment;
(11) to establish the method for computing the net income of a victim and the amount equivalent to the income tax, the premium and the contribution referred to in section 52;
(12) to establish a schedule of permanent impairments and fix the percentage attributed to each impairment;
(13) to fix or provide for the determination of an additional percentage where the permanent impairment affects symmetrical organs or an organ that is symmetrical to an already impaired organ, taking into account the nature of the impaired organs and the anatomical or functional nature of the impairments;
(14) to provide a method of computation allowing the reduction of percentages attributed to permanent impairments where a victim suffers from several impairments;
(15) to determine the cases and conditions entitling a person to the reimbursement of the expenses referred to in section 83.2 and to fix the maximum amount thereof;
(16) to determine what expenses may be reimbursed to a victim under the second paragraph of section 83.2;
(17) to fix the amounts paid to reimburse the cost of a medical expert’s report to a person whose petition for review or appeal is allowed;
(18) to determine the cases and conditions entitling a person to the reimbursement of the expenses or to the availability allowance referred to in section 83.5 and to fix the maximum amount of such expenses and allowance;
(19) to prescribe the standards, conditions and maximum amounts according to which the reimbursement of expenses described in section 79 may be made and the cases in which the Société may replace reimbursements by an equivalent weekly allowance;
(20) to determine the rules that a person applying for compensation must observe;
(21) to determine the rules that a health professional must observe when examining a person at the request of the Société;
(22) to determine the cases and conditions entitling a person to the reimbursement of the expenses or to the availability allowance referred to in section 83.13 and to fix the maximum amount of such expenses and allowance;
(23) to determine the conditions on which the Société may authorize the transmission of a document by means of a magnetic medium or an electronic system;
(24) to determine the rules of proof and procedure which apply to the examination of cases under the jurisdiction of the Société;
(25) to determine the manner in which a person’s debt may be deducted from any sum due to that person by the Société;
(26) to prescribe the method by which the amount contemplated in section 72 is computed and establish the terms and conditions of payment of such amount by periodic instalments;
(27) to prescribe in what cases and on what conditions the indemnity described in section 80 and the reimbursement of expenses described in section 83 may be adjusted according to the variation in the number of persons contemplated therein;
(28) to define, for the purposes of the second paragraph of section 48, the expressions “employment normally available” and “region where the victim resides”;
(29) to prescribe the cases and conditions in which and on which the income replacement indemnity contemplated in section 83.30 may be adjusted according to variations in the number of dependants;
(30) to prescribe the terms and conditions of payment to dependants of the indemnity contemplated in section 83.30;
(31) to determine the standards and methods allowing the computation of the number of offences or the number of demerit points to be taken into account and limiting the period to be taken into consideration in fixing or computing insurance contributions under sections 151, 151.2 and 151.3;
(32) to determine the standards and methods permitting to limit the period to be taken into consideration in fixing or computing insurance contributions under sections 151, 151.2 and 151.3.
195. The Société may make regulations for the purposes of Titles I and II
(1) to specify or to restrict the meaning of the definition of the expression “person resident in Québec”;
(2) to define, for the purposes of subparagraph 1 of the first paragraph of section 10, the expression “a device that can be operated independently”;
(3) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 2 of the first paragraph of section 10, the words “farm tractor”, “farm trailer”, “specialized vehicle” and “drawn machinery”;
(4) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 3 of the first paragraph of section 10, the words “snowmobile” and “vehicle intended for use off a public highway”;
(5) to specify the cases where and the conditions on which an employment is considered to be full-time, part-time or temporary;
(6) to establish the manner of determining the gross income that a salaried worker or self-employed worker derives from his employment;
(7) to establish the manner of determining the gross income for the purposes of section 17;
(8) to establish the manner of determining the gross income for the purposes of section 21;
(9) to identify classes of employments, determine gross incomes on a weekly or yearly basis corresponding to each class according to work experience and establish the manner of reducing such incomes to take into account the fact that the victim holds a part-time employment, for the purposes of sections 15, 20 and 31;
(10) to establish the standards and procedures for determining an employment for a victim for the purposes of sections 45 and 48, identifying classes of employments, determining gross incomes on a yearly or weekly basis corresponding to each class according to work experience, and to establish the manner of reducing such incomes to take into account the fact that a victim holds a part-time employment;
(11) to establish the method for computing the net income of a victim and the amount equivalent to the income tax, the premium and the contribution referred to in section 52;
(12) to establish a schedule of permanent impairments and fix the percentage attributed to each impairment;
(13) to fix or provide for the determination of an additional percentage where the permanent impairment affects symmetrical organs or an organ that is symmetrical to an already impaired organ, taking into account the nature of the impaired organs and the anatomical or functional nature of the impairments;
(14) to provide a method of computation allowing the reduction of percentages attributed to permanent impairments where a victim suffers from several impairments;
(15) to determine the cases and conditions entitling a person to the reimbursement of the expenses referred to in section 83.2 and to fix the maximum amount thereof;
(16) to determine what expenses may be reimbursed to a victim under the second paragraph of section 83.2;
(17) to fix the amounts paid to reimburse the cost of a medical expert’s report to a person whose petition for review or appeal is allowed;
(18) to determine the cases and conditions entitling a person to the reimbursement of the expenses or to the availability allowance referred to in section 83.5 and to fix the maximum amount of such expenses and allowance;
(19) to prescribe in what cases and according to what standards the expenses contemplated in sections 79 and 81 are reimbursable to a victim;
(20) to determine the rules that a person applying for compensation must observe;
(21) to determine the rules that a health professional must observe when examining a person at the request of the Société;
(22) to determine the cases and conditions entitling a person to the reimbursement of the expenses or to the availability allowance referred to in section 83.13 and to fix the maximum amount of such expenses and allowance;
(23) to determine the conditions on which the Société may authorize the transmission of a document by means of a magnetic medium or an electronic system;
(24) to determine the rules of proof and procedure which apply to the examination of cases under the jurisdiction of the Société;
(25) to determine the manner in which a person’s debt may be deducted from any sum due to that person by the Société;
(26) to prescribe the method by which the amount contemplated in section 72 is computed and establish the terms and conditions of payment of such amount by periodic instalments;
(27) to prescribe in what cases and on what conditions the indemnity described in section 80 and the reimbursement of expenses described in section 83 may be adjusted according to the variation in the number of persons contemplated therein;
(28) to define, for the purposes of the second paragraph of section 48, the expressions “employment normally available” and “region where the victim resides”;
(29) to prescribe the cases and conditions in which and on which the income replacement indemnity contemplated in section 83.30 may be adjusted according to variations in the number of dependants;
(30) to prescribe the terms and conditions of payment to dependants of the indemnity contemplated in section 83.30;
(31) to determine the standards and methods allowing the computation of the number of offences or the number of demerit points to be taken into account and limiting the period to be taken into consideration in fixing or computing insurance contributions under sections 151, 151.2 and 151.3;
(32) to determine the standards and methods permitting to limit the period to be taken into consideration in fixing or computing insurance contributions under sections 151, 151.2 and 151.3.
195. The Société may make regulations for the purposes of Titles I and II
(1) to specify or to restrict the meaning of the definition of the expression “person resident in Québec”;
(2) to define, for the purposes of subparagraph 1 of the first paragraph of section 10, the expression “a device that can be operated independently”;
(3) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 2 of the first paragraph of section 10, the words “farm tractor”, “farm trailer”, “specialized vehicle” and “drawn machinery”;
(4) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 3 of the first paragraph of section 10, the words “snowmobile” and “vehicle intended for use off a public highway”;
(5) to specify the cases where and the conditions on which an employment is considered to be full-time, part-time or temporary;
(6) to establish the manner of determining the gross income that a salaried worker or self-employed worker derives from his employment;
(7) to establish the manner of determining the gross income for the purposes of section 17;
(8) to establish the manner of determining the gross income for the purposes of section 21;
(9) to identify classes of employments, determine gross incomes on a weekly or yearly basis corresponding to each class according to work experience and establish the manner of reducing such incomes to take into account the fact that the victim holds a part-time employment, for the purposes of sections 15, 20 and 31;
(10) to establish the standards and procedures for determining an employment for a victim for the purposes of sections 45 and 48, identifying classes of employments, determining gross incomes on a yearly or weekly basis corresponding to each class according to work experience, and to establish the manner of reducing such incomes to take into account the fact that a victim holds a part-time employment;
(11) to establish the method for computing the net income of a victim and the amount equivalent to the income tax, the premium and the contribution referred to in section 52;
(12) to establish a schedule of permanent impairments and fix the percentage attributed to each impairment;
(13) to fix or provide for the determination of an additional percentage where the permanent impairment affects symmetrical organs or an organ that is symmetrical to an already impaired organ, taking into account the nature of the impaired organs and the anatomical or functional nature of the impairments;
(14) to provide a method of computation allowing the reduction of percentages attributed to permanent impairments where a victim suffers from several impairments;
(15) to determine the cases and conditions entitling a person to the reimbursement of the expenses referred to in section 83.2 and to fix the maximum amount thereof;
(16) to determine what expenses may be reimbursed to a victim under the second paragraph of section 83.2;
(17) to fix the amounts paid to reimburse the cost of a medical expert’s report to a person whose petition for review or appeal is allowed;
(18) to determine the cases and conditions entitling a person to the reimbursement of the expenses or to the availability allowance referred to in section 83.5 and to fix the maximum amount of such expenses and allowance;
(19) to prescribe in what cases and according to what standards the expenses contemplated in sections 79 and 81 are reimbursable to a victim;
(20) to determine the rules that a person applying for compensation must observe;
(21) to determine the rules that a health professional must observe when examining a person at the request of the Société;
(22) to determine the cases and conditions entitling a person to the reimbursement of the expenses or to the availability allowance referred to in section 83.13 and to fix the maximum amount of such expenses and allowance;
(23) to determine the conditions on which the Société may authorize the transmission of a document by means of a magnetic medium or an electronic system;
(24) to determine the rules of proof and procedure which apply to the examination of cases under the jurisdiction of the Société;
(25) to determine the manner in which a person’s debt may be deducted from any sum due to that person by the Société;
(26) to prescribe the method by which the amount contemplated in section 72 is computed and establish the terms and conditions of payment of such amount by periodic instalments;
(27) to prescribe in what cases and on what conditions the indemnity described in section 80 and the reimbursement of expenses described in section 83 may be adjusted according to the variation in the number of persons contemplated therein;
(28) to define, for the purposes of the second paragraph of section 48, the expressions “employment normally available” and “region where the victim resides”;
(29) to prescribe the cases and conditions in which and on which the income replacement indemnity contemplated in section 83.30 may be adjusted according to variations in the number of dependants;
(30) to prescribe the terms and conditions of payment to dependants of the indemnity contemplated in section 83.30.
195. The Régie may make regulations for the purposes of Titles I and II
(1) to specify or to restrict the meaning of the definition of the expression “person resident in Québec”;
(2) to define, for the purposes of subparagraph 1 of the first paragraph of section 10, the expression “a device that can be operated independently”;
(3) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 2 of the first paragraph of section 10, the words “farm tractor”, “farm trailer”, “specialized vehicle” and “drawn machinery”;
(4) to define, for the purposes of the definition of “public highway” in section 1 and of subparagraph 3 of the first paragraph of section 10, the words “snowmobile” and “vehicle intended for use off a public highway”;
(5) to specify the cases where and the conditions on which an employment is considered to be full-time, part-time or temporary;
(6) to establish the manner of determining the gross income that a salaried worker or self-employed worker derives from his employment;
(7) to establish the manner of determining the gross income for the purposes of section 17;
(8) to establish the manner of determining the gross income for the purposes of section 21;
(9) to identify classes of employments, determine gross incomes on a weekly or yearly basis corresponding to each class according to work experience and establish the manner of reducing such incomes to take into account the fact that the victim holds a part-time employment, for the purposes of sections 15, 20 and 31;
(10) to establish the standards and procedures for determining an employment for a victim for the purposes of sections 45 and 48, identifying classes of employments, determining gross incomes on a yearly or weekly basis corresponding to each class according to work experience, and to establish the manner of reducing such incomes to take into account the fact that a victim holds a part-time employment;
(11) to establish the method for computing the net income of a victim and the amount equivalent to the income tax, the premium and the contribution referred to in section 52;
(12) to establish a schedule of permanent impairments and fix the percentage attributed to each impairment;
(13) to fix or provide for the determination of an additional percentage where the permanent impairment affects symmetrical organs or an organ that is symmetrical to an already impaired organ, taking into account the nature of the impaired organs and the anatomical or functional nature of the impairments;
(14) to provide a method of computation allowing the reduction of percentages attributed to permanent impairments where a victim suffers from several impairments;
(15) to determine the cases and conditions entitling a person to the reimbursement of the expenses referred to in section 83.2 and to fix the maximum amount thereof;
(16) to determine what expenses may be reimbursed to a victim under the second paragraph of section 83.2;
(17) to fix the amounts paid to reimburse the cost of a medical expert’s report to a person whose petition for review or appeal is allowed;
(18) to determine the cases and conditions entitling a person to the reimbursement of the expenses or to the availability allowance referred to in section 83.5 and to fix the maximum amount of such expenses and allowance;
(19) to prescribe in what cases and according to what standards the expenses contemplated in sections 79 and 81 are reimbursable to a victim;
(20) to determine the rules that a person applying for compensation must observe;
(21) to determine the rules that a health professional must observe when examining a person at the request of the Régie;
(22) to determine the cases and conditions entitling a person to the reimbursement of the expenses or to the availability allowance referred to in section 83.13 and to fix the maximum amount of such expenses and allowance;
(23) to determine the conditions on which the Régie may authorize the transmission of a document by means of a magnetic medium or an electronic system;
(24) to determine the rules of proof and procedure which apply to the examination of cases under the jurisdiction of the Régie;
(25) to determine the manner in which a person’s debt may be deducted from any sum due to that person by the Régie;
(26) to prescribe the method by which the amount contemplated in section 72 is computed and establish the terms and conditions of payment of such amount by periodic instalments;
(27) to prescribe in what cases and on what conditions the indemnity described in section 80 and the reimbursement of expenses described in section 83 may be adjusted according to the variation in the number of persons contemplated therein;
(28) to define, for the purposes of the second paragraph of section 48, the expressions “employment normally available” and “region where the victim resides”;
(29) to prescribe the cases and conditions in which and on which the income replacement indemnity contemplated in section 83.30 may be adjusted according to variations in the number of dependants;
(30) to prescribe the terms and conditions of payment to dependants of the indemnity contemplated in section 83.30.
195. The Régie may make regulations for the purposes of Title II of this Act,
(a) to prescribe what must be prescribed by regulation of the Régie under this Act;
(b) to authorize a civil servant or an employee of the Régie, or a category of such persons, to exercise powers or to fulfil duties assigned to the Régie by this Act, except those provided for in subsection 5 of section 52;
(c) to specify or to restrict the definition of the words “automobile” and “resident”;
(d) to define, for the purposes of subsection 20 of section 1, in the case of a dependant, the expression “to be wholly or substantially maintained by the income of the victim”;
(e) to define, for the purposes of subparagraph a of the first paragraph of section 17, the expression “a device that can be operated independently”;
(f) to define, for the purposes of subparagraph b of the first paragraph of section 17, the following words: “a snowmobile, a farm tractor, a farm trailer, self-propelled or drawn machinery, or a vehicle intended for use off a public highway”;
Not in force
(f.1) to define, for the purposes of section 44, the following words: “loss of physical integrity” and “disfigurement”;Not in force
(f.2) to establish, in view of computing the lump sum indemnity provided for in section 44, a table of losses of physical integrity and disfigurements, and to determine criteria and modalities of application of the table;(g) to establish the manner of determining and computing the real or presumptive gross income of a victim, for the purposes of sections 19 to 35;
(h) to specify the criteria according to which a student may be considered to attend an educational institution of secondary or post-secondary level on a full-time basis, for the purposes of section 21;
(i) to specify, for the purposes of section 27, the terms and conditions of computing the net income;
(j) to establish and determine the general terms and conditions of revising the victim’s net income when changes of situation occur;
(k) to specify the cases in which a victim may be considered to hold or to have held a position on a regular or occasional basis;
(l) to specify the criteria according to which a minor victim may be considered unable to attend to the usual occupations of his age-group and those according to which a person at home may be considered unable to attend to one or several of the usual occupations of such a person;
(m) to prescribe the reimbursement of expenses for the purposes of sections 23, 45 and 47;
(n) to determine the cases, conditions and circumstances giving a right to the reimbursement of the amounts fixed under Title V and fix the method for computing or the exact amount of the sums that may be reimbursed and the sum exigible as administrative expenses at the time of such a reimbursement;
(o) to prescribe the terms and conditions of payment of an unpaid indemnity at the death of the claimant;
(p) to specify the criteria according to which a victim must be considered unable to work for any reason whatever except age, and those according to which a victim may be considered to have a serious physical or mental disability, for the purposes of section 24;
(q) to determine the terms and conditions of application for an indemnity for the benefit of a claimant incapable of administering his affairs or otherwise incapable and to specify the manner in which the indemnity must be paid and administered for the benefit of the claimant;
(r) to establish criteria for determining the age of a victim when it is impossible to determine in the usual manner;
(s) to determine the rules of proof and procedure applicable to the examination, hearing and decision of the matters over which the Régie has jurisdiction;
(s.1) to define the words “axle” and “net mass” and to establish a method for calculating the number of axles and the rules governing any increase in the number of axles or decrease in net mass during the term of validity of the registration of the vehicle, for the purposes of section 151; and
(t) to generally prescribe any other measure required for the application of Title II.
195. The Régie may make regulations for the purposes of Title II of this act,
(a) to prescribe what must be prescribed by regulation of the Régie under this act;
(b) to authorize a civil servant or an employee of the Régie, or a category of such persons, to exercise powers or to fulfil duties assigned to the Régie by this act, except those provided for in subsection 5 of section 52;
(c) to specify or to restrict the definition of the words “automobile” and “resident”;
(d) to define, for the purposes of subsection 20 of section 1, in the case of a dependant, the expression “to be wholly or substantially maintained by the income of the victim”;
(e) to define, for the purposes of subparagraph a of the first paragraph of section 17, the expression “a device that can be operated independently”;
(f) to define, for the purposes of subparagraph b of the first paragraph of section 17, the following words: “a snowmobile, a farm tractor, a farm trailer, self-propelled or drawn machinery, or a vehicle intended for use off a public highway”;
Not in force
(f.1) to define, for the purposes of section 44, the following words: “loss of physical integrity” and “disfigurement”;Not in force
(f.2) to establish, in view of computing the lump sum indemnity provided for in section 44, a table of losses of physical integrity and disfigurements, and to determine criteria and modalities of application of the table;(g) to establish the manner of determining and computing the real or presumptive gross income of a victim, for the purposes of sections 19 to 35;
(h) to specify the criteria according to which a student may be considered to attend an educational institution of secondary or post-secondary level on a full-time basis, for the purposes of section 21;
(i) to specify, for the purposes of section 27, the terms and conditions of computing the net income;
(j) to establish and determine the general terms and conditions of revising the victim’s net income when changes of situation occur;
(k) to specify the cases in which a victim may be considered to hold or to have held a position on a regular or occasional basis;
(l) to specify the criteria according to which a minor victim may be considered unable to attend to the usual occupations of his age-group and those according to which a person at home may be considered unable to attend to one or several of the usual occupations of such a person;
(m) to prescribe the reimbursement of expenses for the purposes of sections 23, 45 and 47;
(n) to determine the cases giving a right to the reimbursement of the amounts fixed under Title V and fix the terms and conditions of computing or the exact amount of the sums that may be reimbursed at the time of such reimbursement;
(o) to prescribe the terms and conditions of payment of an unpaid indemnity at the death of the claimant;
(p) to specify the criteria according to which a victim must be considered unable to work for any reason whatever except age, and those according to which a victim may be considered to have a serious physical or mental disability, for the purposes of section 24;
(q) to determine the terms and conditions of application for an indemnity for the benefit of a claimant incapable of administering his affairs or otherwise incapable and to specify the manner in which the indemnity must be paid and administered for the benefit of the claimant;
(r) to establish criteria for determining the age of a victim when it is impossible to determine in the usual manner;
(s) to determine the rules of proof and procedure applicable to the examination, hearing and decision of the matters over which the Régie has jurisdiction; and
(t) to generally prescribe any other measure required for the application of Title II.
195. The Régie may make regulations for the purposes of Title II of this act,
In force: 1978-02-16
(a) to prescribe what must be prescribed by regulation of the Régie under this act;In force: 1978-02-16
(b) to authorize a civil servant or an employee of the Régie, or a category of such persons, to exercise powers or to fulfil duties assigned to the Régie by this act, except those provided for in subsection 5 of section 52;In force: 1978-02-16
(c) to specify or to restrict the definition of the words “automobile” and “resident”;In force: 1978-02-16
(d) to define, for the purposes of subsection 20 of section 1, in the case of a dependant, the expression “to be wholly or substantially maintained by the income of the victim”;In force: 1978-02-16
(e) to define, for the purposes of subparagraph a of the first paragraph of section 17, the expression “a device that can be operated independently”;In force: 1978-02-16
(f) to define, for the purposes of subparagraph b of the first paragraph of section 17, the following words: “a snowmobile, a farm tractor, a farm trailer, self-propelled or drawn machinery, or a vehicle intended for use off a public highway”;In force: 1978-02-16
(g) to establish the manner of determining and computing the real of presumptive gross income of a victim, for the purposes of sections 19 to 35;In force: 1978-02-16
(h) to specify the criteria according to which a student may be considered to attend a university, a college or another educational establishment of post-secondary level on a full-time basis, for the purposes of section 21;In force: 1978-02-16
(i) to specify, for the purposes of section 27, the terms and conditions of computing the net income;In force: 1978-02-16
(j) to establish and determine the general terms and conditions of revising the victim’s net income when changes of situation occur;In force: 1978-02-16
(k) to specify the cases in which a victim may be considered to hold or to have held a position on a regular or occasional basis;In force: 1978-02-16
(l) to specify the criteria according to which a minor victim may be considered unable to attend to the usual occupations of his age-group and those according to which a person at home may be considered unable to attend to one or several of the usual occupations of such a person;In force: 1978-02-16
(m) to prescribe the reimbursement of expenses for the purposes of sections 23, 45 and 47;(n) to determine the cases giving a right to the reimbursement of the amounts fixed under Title V and fix the terms and conditions of computing or the exact amount of the sums that may be reimbursed at the time of such reimbursement;
In force: 1978-02-16
(o) to prescribe the terms and conditions of payment of an unpaid indemnity at the death of the claimant;In force: 1978-02-16
(p) to specify the criteria according to which a victim must be considered unable to work for any reason whatever except age, and those according to which a victim may be considered to have a serious physical or mental disability, for the purposes of section 24;In force: 1978-02-16
(q) to determine the terms and conditions of application for an indemnity for the benefit of a claimant incapable of administering his affairs or otherwise incapable and to specify the manner in which the indemnity must be paid and administered for the benefit of the claimant;In force: 1978-02-16
(r) to establish criteria for determining the age of a victim when it is impossible to determine in the usual manner;In force: 1978-02-16
(s) to determine the rules of proof and procedure applicable to the examination, hearing and decision of the matters over which the Régie has jurisdiction; andIn force: 1978-02-16
(t) to generally prescribe any other measure required for the application of Title II.