A-25 - Automobile Insurance Act

Section 21 Disposition versions

1990-06-22

21. From the one hundred and eighty-first day after the accident, the Société shall determine an employment for the victim in accordance with section 45.

The victim is entitled to an income replacement indemnity if, by reason of the accident, he is unable to hold the employment determined by the Société.

The indemnity is computed on the basis of the gross income that the victim could have derived from the employment determined for him by the Société. The Société shall establish the gross income of the victim in the manner prescribed by regulation, taking into account

(1)  the fact that the victim could have held the employment on a full-time or part-time basis;

(2)  the work experience of the victim in the five years preceding the accident and, in particular, the periods during which he was fit to hold employment or was unemployed or held only temporary or part-time employment;

(3)  the gross income the victim derived from an employment held before the accident.

If the victim held more than one temporary or part-time employment at the time of the accident, the Société shall determine only one employment for him in accordance with section 45.

The first paragraph does not apply to a victim entitled to an indemnity for care expenses under section 80.

1977, c. 68, s. 21; 1982, c. 59, s. 8; 1989, c. 15, s. 1; 1990, c. 19, s. 11.

1990-01-01

21. From the one hundred and eighty-first day after the accident, the Régie shall determine an employment for the victim in accordance with section 45.

The victim is entitled to an income replacement indemnity if, by reason of the accident, he is unable to hold the employment determined by the Régie.

The indemnity is computed on the basis of the gross income that the victim could have derived from the employment determined for him by the Régie. The Régie shall establish the gross income of the victim in the manner prescribed by regulation, taking into account

(1)  the fact that the victim could have held the employment on a full-time or part-time basis;

(2)  the work experience of the victim in the five years preceding the accident and, in particular, the periods during which he was fit to hold employment or was unemployed or held only temporary or part-time employment;

(3)  the gross income the victim derived from an employment held before the accident.

If the victim held more than one temporary or part-time employment at the time of the accident, the Régie shall determine only one employment for him in accordance with section 45.

The first paragraph does not apply to a victim entitled to an indemnity for care expenses under section 80.

1977, c. 68, s. 21; 1982, c. 59, s. 8; 1989, c. 15, s. 1.

1983-07-01

21. The victim who, at the time of the accident, was at least 16 years of age and attending an educational institution of secondary or post-secondary level on a full-time basis is entitled to an income replacement indemnity according to the following terms and conditions:

(a)  if he shows that, at the time of the accident, he also held genuinely remunerative employment or that he would have held such employment had it not been for the accident, and if by reason of the accident he becomes unable to hold such employment, he is entitled to an income replacement indemnity computed on the basis of the gross income earned from the employment for as long as it would have been available and which he is unable to hold by reason of the accident;

(b)  if the victim is not contemplated in subparagraph a or if he ceases to be, he is entitled to the minimum indemnity contemplated in the second paragraph of section 26 if, by reason of the accident, he becomes unable to pursue his studies;

(c)  if the victim contemplated in subparagraph a or b is delayed in his entry on the labour market by reason of the accident, he is entitled to an income replacement indemnity determined on the basis of a gross income equivalent to an annual amount equal to a yearly average computed on the basis of the average weekly earnings of the industrial composite in Québec as established by Statistics Canada for each of the twelve months preceding 1 July of the year preceding the year in which the victim becomes unable to pursue his studies if he was studying at a post-secondary level, and to seventy-five per cent of the gross income described above if he was studying at the secondary level.

Notwithstanding section 11, the indemnity contemplated in subparagraph a of the first paragraph shall be paid to the victim.

A victim who declares that he would have held genuinely remunerative employment had it not been for the accident must show that the employment was guaranteed to him by contract.

1977, c. 68, s. 21; 1982, c. 59, s. 8.

1978-03-01

21. The victim who, at the time of the accident, was a student attending a university, a college or another educational institution of post-secondary level on a full-time basis is entitled to an income replacement indemnity if, due to the accident, he becomes unable to pursue his studies.

The gross income of the victim is deemed equivalent to an annual amount equal to a yearly average computed on the basis of the average weekly earnings of the industrial composite in Québec as established by Statistics Canada for each of the twelve months preceding 1 July of the year preceding the beginning of the financial year of the Régie in the year in which the victim becomes unable to pursue his studies.

The fourth and fifth paragraphs of section 50 apply mutatis mutandis to the computation of the indemnity contemplated in the second paragraph.

1977, c. 68, s. 21.