A-25 - Automobile Insurance Act

Section 31 Disposition versions

1990-06-22

31. The income replacement indemnity is computed in the following manner:

(1)  if the victim holds or could have held an employment as a salaried worker, the indemnity is computed on the basis of the gross income he derives or would have derived from his employment;

(2)  if the victim is or could have been self-employed, the indemnity is computed on the basis of the gross income determined by regulation of the Société for an employment of the same class, or on the basis of the gross income he derives or would have derived from his employment, if that is higher;

(3)  if the victim holds or could have held more than one employment, the indemnity is computed on the basis of the gross income he derives or would have derived from the employment or employments he becomes unable to hold.

1977, c. 68, s. 31; 1982, c. 59, s. 14; 1989, c. 15, s. 1; 1990, c. 19, s. 11.

1990-01-01

31. The income replacement indemnity is computed in the following manner:

(1)  if the victim holds or could have held an employment as a salaried worker, the indemnity is computed on the basis of the gross income he derives or would have derived from his employment;

(2)  if the victim is or could have been self-employed, the indemnity is computed on the basis of the gross income determined by regulation of the Régie for an employment of the same class, or on the basis of the gross income he derives or would have derived from his employment, if that is higher;

(3)  if the victim holds or could have held more than one employment, the indemnity is computed on the basis of the gross income he derives or would have derived from the employment or employments he becomes unable to hold.

1977, c. 68, s. 31; 1982, c. 59, s. 14; 1989, c. 15, s. 1.

1983-07-01

31. If the victim obtains or returns to an employment, the income replacement indemnity ceases to be paid.

Nevertheless, if, by reason of the injury sustained, the victim earns from such employment a gross income that is less than that used in computing his income replacement indemnity, at the time of the accident, he is entitled to the income replacement indemnity reduced by an amount equivalent to fifty per cent of the net income earned from such other employment not exceeding $5 000 or, if such income exceeds $5 000, fifty per cent of the first $5 000 and seventy-five per cent of the remainder. Only the part of the gross income over $1 000 is taken into consideration.

However, if the victim contemplated in section 22 has become of full age or becomes so subsequently, the gross income established in the third paragraph of section 22 is used in making the computation.

The provisions of the second paragraph of section 26 concerning the minimum indemnity do not apply to the second paragraph.

1977, c. 68, s. 31; 1982, c. 59, s. 14.

1978-03-01

31. If the victim benefiting by an income replacement indemnity obtains or returns to an employment, the indemnity ceases to be paid.

Nevertheless, if such victim, by reason of the injury sustained, earns from such employment a gross income that is less than that actually earned or, as the case may be, estimated by the Régie at the time of the accident, the indemnity continues to be paid but is then reduced by an amount equivalent to fifty per cent of the net income earned from such employment not exceeding five thousand dollars or, if such income exceeds five thousand dollars, fifty per cent of the first five thousand dollars and seventy-five per cent of the remainder.

1977, c. 68, s. 31.