A-25 - Automobile Insurance Act

Section 83.30 Disposition versions

2018-12-18

83.30. Where a victim is committed to penitentiary, imprisoned in a correctional facility or detained in a facility maintained by an institution operating a rehabilitation centre governed by the Act respecting health services and social services (chapter S-4.2) or in a reception centre governed by the Act respecting health services and social services for Cree Native persons (chapter S-5) by reason of an offence described in any of sections 320.13 to 320.16 of the Criminal Code (R.S.C. 1985, c. C-46) or, if the offence is committed with an automobile, any of sections 220, 221 and 236 of that Code, the Société shall reduce the income replacement indemnity to which the victim is entitled by reason of the accident, by an amount equivalent on a yearly basis to the following percentage thereof:

(1)  75% in the case of a victim with no dependants;

(2)  45% in the case of a victim with one dependant;

(3)  35% in the case of a victim with two dependants;

(4)  25% in the case of a victim with three dependants;

(5)  10% in the case of a victim with four or more dependants.

This reduction remains in force until the end of the period of committal, imprisonment or detention of the victim or, as the case may be, until the date of the judgment finding the victim not guilty of the offence contemplated in the first paragraph.

The reduction shall be adjusted during the committal, imprisonment or detention of the victim, in the cases and on the conditions prescribed by regulation, according to variations in the number of dependants.

For the purposes of this section, the income replacement indemnity to which a victim with one or several dependants on the date of the accident is entitled shall be paid to the dependants in accordance with the terms and conditions prescribed by regulation.

If the victim is found not guilty of the offence contemplated in the first paragraph, the Société shall remit to the victim the amount that had been subtracted from the income replacement indemnity, with interest computed in accordance with section 83.32 from the start of the reduction.

1989, c. 15, s. 1; 1990, c. 19, s. 11; 1992, c. 21, s. 89; 1993, c. 56, s. 15; 1994, c. 23, s. 23; 2002, c. 24, s. 209; 2018, c. 19, s. 20.

2007-02-05

83.30. Where a victim is committed to penitentiary, imprisoned in a correctional facility or detained in a facility maintained by an institution operating a rehabilitation centre governed by the Act respecting health services and social services (chapter S-4.2) or in a reception centre governed by the Act respecting health services and social services for Cree Native persons (chapter S-5) by reason of an offence described in paragraph a of subsection 1 or in subsection 3 or 4 of section 249, subsection 1 of section 252, section 253, subsection 5 of section 254 or subsection 2 or 3 of section 255 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or, if the offence is committed with an automobile, in section 220, 221 or 236 of that Code, the Société shall reduce the income replacement indemnity to which the victim is entitled by reason of the accident, by an amount equivalent on a yearly basis to the following percentage thereof:

(1)  75% in the case of a victim with no dependants;

(2)  45% in the case of a victim with one dependant;

(3)  35% in the case of a victim with two dependants;

(4)  25% in the case of a victim with three dependants;

(5)  10% in the case of a victim with four or more dependants.

This reduction remains in force until the end of the period of committal, imprisonment or detention of the victim or, as the case may be, until the date of the judgment finding the victim not guilty of the offence contemplated in the first paragraph.

The reduction shall be adjusted during the committal, imprisonment or detention of the victim, in the cases and on the conditions prescribed by regulation, according to variations in the number of dependants.

For the purposes of this section, the income replacement indemnity to which a victim with one or several dependants on the date of the accident is entitled shall be paid to the dependants in accordance with the terms and conditions prescribed by regulation.

If the victim is found not guilty of the offence contemplated in the first paragraph, the Société shall remit to the victim the amount that had been subtracted from the income replacement indemnity, with interest computed in accordance with section 83.32 from the start of the reduction.

1989, c. 15, s. 1; 1990, c. 19, s. 11; 1992, c. 21, s. 89; 1993, c. 56, s. 15; 1994, c. 23, s. 23; 2002, c. 24, s. 209.

1995-05-01

83.30. Where a victim is committed to penitentiary, imprisoned in a house of detention or detained in a facility maintained by an institution operating a rehabilitation centre governed by the Act respecting health services and social services (chapter S-4.2) or in a reception centre governed by the Act respecting health services and social services for Cree Native persons (chapter S-5) by reason of an offence described in paragraph a of subsection 1 or in subsection 3 or 4 of section 249, subsection 1 of section 252, section 253, subsection 5 of section 254 or subsection 2 or 3 of section 255 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or, if the offence is committed with an automobile, in section 220, 221 or 236 of that Code, the Société shall reduce the income replacement indemnity to which the victim is entitled by reason of the accident, by an amount equivalent on a yearly basis to the following percentage thereof:

(1)  75% in the case of a victim with no dependants;

(2)  45% in the case of a victim with one dependant;

(3)  35% in the case of a victim with two dependants;

(4)  25% in the case of a victim with three dependants;

(5)  10% in the case of a victim with four or more dependants.

This reduction remains in force until the end of the period of committal, imprisonment or detention of the victim or, as the case may be, until the date of the judgment finding the victim not guilty of the offence contemplated in the first paragraph.

The reduction shall be adjusted during the committal, imprisonment or detention of the victim, in the cases and on the conditions prescribed by regulation, according to variations in the number of dependants.

For the purposes of this section, the income replacement indemnity to which a victim with one or several dependants on the date of the accident is entitled shall be paid to the dependants in accordance with the terms and conditions prescribed by regulation.

If the victim is found not guilty of the offence contemplated in the first paragraph, the Société shall remit to the victim the amount that had been subtracted from the income replacement indemnity, with interest computed in accordance with section 83.32 from the start of the reduction.

1989, c. 15, s. 1; 1990, c. 19, s. 11; 1992, c. 21, s. 89; 1993, c. 56, s. 15; 1994, c. 23, s. 23.

1994-01-01

83.30. Where a victim is committed to penitentiary, imprisoned in a house of detention or detained in a facility maintained by an institution operating a rehabilitation centre governed by the Act respecting health services and social services (chapter S-4.2) or in a reception centre governed by the Act respecting health services and social services for Cree and Inuit Native persons (chapter S-5) by reason of an offence described in paragraph a of subsection 1 or in subsection 3 or 4 of section 249, subsection 1 of section 252, section 253, subsection 5 of section 254 or subsection 2 or 3 of section 255 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or, if the offence is committed with an automobile, in section 220, 221 or 236 of that Code, the Société shall reduce the income replacement indemnity to which the victim is entitled by reason of the accident, by an amount equivalent on a yearly basis to the following percentage thereof:

(1)  75 % in the case of a victim with no dependants;

(2)  45 % in the case of a victim with one dependant;

(3)  35 % in the case of a victim with two dependants;

(4)  25 % in the case of a victim with three dependants;

(5)  10 % in the case of a victim with four or more dependants.

This reduction remains in force until the end of the period of committal, imprisonment or detention of the victim or, as the case may be, until the date of the judgment finding the victim not guilty of the offence contemplated in the first paragraph.

The reduction shall be adjusted during the committal, imprisonment or detention of the victim, in the cases and on the conditions prescribed by regulation, according to variations in the number of dependants.

For the purposes of this section, the income replacement indemnity to which a victim with one or several dependants on the date of the accident is entitled shall be paid to the dependants in accordance with the terms and conditions prescribed by regulation.

If the victim is found not guilty of the offence contemplated in the first paragraph, the Société shall remit to the victim the amount that had been subtracted from the income replacement indemnity, with interest computed in accordance with section 83.32 from the start of the reduction.

1989, c. 15, s. 1; 1990, c. 19, s. 11; 1992, c. 21, s. 89; 1993, c. 56, s. 15.

1992-10-01

83.30. Where a victim is committed to penitentiary, imprisoned in a house of detention or detained in a facility maintained by an institution operating a rehabilitation centre governed by the Act respecting health services and social services (chapter S-4.2) or in a reception centre governed by the Act respecting health services and social services for Cree and Inuit Native persons (chapter S-5) by reason of an offence described in paragraph a of subsection 1 or in subsection 3 or 4 of section 249, subsection 1 of section 252, section 253, subsection 5 of section 254 or subsection 2 or 3 of section 255 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or, if the offence is committed with an automobile, in section 220, 221 or 236 of that Code, the Société shall reduce the income replacement indemnity to which the victim is entitled by reason of the accident, by an amount equivalent on a yearly basis to the following percentage thereof:

(1)  75 % in the case of a victim with no dependants;

(2)  45 % in the case of a victim with one dependant;

(3)  35 % in the case of a victim with two dependants;

(4)  25 % in the case of a victim with three dependants;

(5)  10 % in the case of a victim with four or more dependants.

This reduction remains in force until the end of the period of committal, imprisonment or detention of the victim or, as the case may be, until the date of the judgment finding the victim not guilty of the offence contemplated in the first paragraph.

The reduction shall be adjusted during the committal, imprisonment or detention of the victim, in the cases and on the conditions prescribed by regulation, according to variations in the number of dependants.

For the purposes of this section, the income replacement indemnity to which a victim with one or several dependants is entitled shall be paid to the dependants in accordance with the terms and conditions prescribed by regulation.

If the victim is found not guilty of the offence contemplated in the first paragraph, the Société shall remit to the victim the amount that had been subtracted from the income replacement indemnity, with interest computed in accordance with section 83.32 from the start of the reduction.

1989, c. 15, s. 1; 1990, c. 19, s. 11; 1992, c. 21, s. 89.

1990-06-22

83.30. Where a victim is committed to penitentiary or imprisoned in a house of detention or a reception centre by reason of an offence described in paragraph a of subsection 1 or in subsection 3 or 4 of section 249, subsection 1 of section 252, section 253, subsection 5 of section 254 or subsection 2 or 3 of section 255 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or, if the offence is committed with an automobile, in section 220, 221 or 236 of that Code, the Société shall reduce the income replacement indemnity to which the victim is entitled by reason of the accident, by an amount equivalent on a yearly basis to the following percentage thereof:

(1)  75 % in the case of a victim with no dependants;

(2)  45 % in the case of a victim with one dependant;

(3)  35 % in the case of a victim with two dependants;

(4)  25 % in the case of a victim with three dependants;

(5)  10 % in the case of a victim with four or more dependants.

This reduction remains in force until the end of the period of committal or imprisonment of the victim or, as the case may be, until the date of the judgment finding the victim not guilty of the offence contemplated in the first paragraph.

The reduction shall be adjusted during the committal or imprisonment of the victim, in the cases and on the conditions prescribed by regulation, according to variations in the number of dependants.

For the purposes of this section, the income replacement indemnity to which a victim with one or several dependants is entitled shall be paid to the dependants in accordance with the terms and conditions prescribed by regulation.

If the victim is found not guilty of the offence contemplated in the first paragraph, the Société shall remit to the victim the amount that had been subtracted from the income replacement indemnity, with interest computed in accordance with section 83.32 from the start of the reduction.

1989, c. 15, s. 1; 1990, c. 19, s. 11.

1990-01-01

83.30. Where a victim is committed to penitentiary or imprisoned in a house of detention or a reception centre by reason of an offence described in paragraph a of subsection 1 or in subsection 3 or 4 of section 249, subsection 1 of section 252, section 253, subsection 5 of section 254 or subsection 2 or 3 of section 255 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46) or, if the offence is committed with an automobile, in section 220, 221 or 236 of that Code, the Régie shall reduce the income replacement indemnity to which the victim is entitled by reason of the accident, by an amount equivalent on a yearly basis to the following percentage thereof:

(1)  75 % in the case of a victim with no dependants;

(2)  45 % in the case of a victim with one dependant;

(3)  35 % in the case of a victim with two dependants;

(4)  25 % in the case of a victim with three dependants;

(5)  10 % in the case of a victim with four or more dependants.

This reduction remains in force until the end of the period of committal or imprisonment of the victim or, as the case may be, until the date of the judgment finding the victim not guilty of the offence contemplated in the first paragraph.

The reduction shall be adjusted during the committal or imprisonment of the victim, in the cases and on the conditions prescribed by regulation, according to variations in the number of dependants.

For the purposes of this section, the income replacement indemnity to which a victim with one or several dependants is entitled shall be paid to the dependants in accordance with the terms and conditions prescribed by regulation.

If the victim is found not guilty of the offence contemplated in the first paragraph, the Régie shall remit to the victim the amount that had been subtracted from the income replacement indemnity, with interest computed in accordance with section 83.32 from the start of the reduction.

1989, c. 15, s. 1.