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A-3 - Workers’ Compensation Act
Section 46
Disposition versions
46. (1) The maximum rate of annual earnings is equal to 150% of 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 12 months preceding 1 July of the year preceding the year for which the maximum rate of annual earnings is computed.
The maximum rate of annual earnings is rounded off to the next highest $500 and is applicable, for the year 1979 and each of the subsequent years, from 1 January of each year.
Where a new method is adopted by Statistics Canada to determine the average weekly earnings for a given month, by modifying either the time basis or the content basis, and the yearly average computed in accordance with the data of the new method is more than 1% higher or lower than that computed in accordance with the data of the former method, the average weekly earnings to be used to establish the yearly average for each of the years affected by the change of method are adjusted by the Commission in such a way as to take into account the data gathered according to the method in use by Statistics Canada on 1 September 1977.
For the application of this subsection, the Commission shall use the data supplied by Statistics Canada on 1 October of the year in which the 12-month period serving as the basis for computing the maximum rate of annual earnings terminates.
(2) The Commission determines the income of the worker, basing itself on his earnings, including, where such is the case, his tips reported under section 1019.4 of the Taxation Act (chapter I-3) and attributed under section 42.11 of that Act, during the 12 months preceding his accident if his employment was not less than 12 months in the employ of the same employer, or during any other shorter period during which he was in the employ of his employer, according to the method it deems most appropriate to the circumstances.
Where, owing to the shortness of the time during which the worker was in the employ of his employer or the casual nature of his employment or the special conditions thereof, the Commission cannot determine his earnings according to the method provided in the preceding paragraph, it may take as a basis the earnings of a worker in the same grade employed at the same work by the same employer, or if there is no worker so employed over a period of 12 months prior to the accident, according to the earnings of a worker in the same grade employed in the same class of employment in the same economic region or in the same locality over a period of 12 months prior to the accident.
(3) Where the worker is working for several employers, in turn, his income is computed on the basis of what, in the opinion of the Commission, he would probably have been earning if he had been employed solely for the employer for whom he was working at the time of the accident.
(4) Employment by the same employer means employment by the same employer in the grade in which the worker was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause.
(5) In computing the income of a worker, the sums which the employer was accustomed to pay the worker for any special expenses entailed by the nature of his employment shall not be reckoned.
(6) The Commission may, if this seems more equitable to it, establish the income of the worker on the basis of his hourly earnings at the time of the accident, taking into account the nature and special conditions of his employment.
(7) For the purposes of this Act, the Commission establishes the income:
(a) of a student who, under the responsibility of a teaching institution, undergoes a non-remunerated training period in an industry, based on the order of the Commission in force on the day of the accident;
(b) of a person who carries on non-remunerated work in an industry, based on the order of the Commission in force on the day of the accident, or if it seems more equitable to it, on the earnings of a worker in the same grade employed at the same work in the same economic region or in the same locality over a period of 12 months prior to the accident.
46. (1) The maximum rate of annual earnings is equal to 150% of 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 12 months preceding 1 July of the year preceding the year for which the maximum rate of annual earnings is computed.
The maximum rate of annual earnings is rounded off to the next highest $500 and is applicable, for the year 1979 and each of the subsequent years, from 1 January of each year.
Where a new method is adopted by Statistics Canada to determine the average weekly earnings for a given month, by modifying either the time basis or the content basis, and the yearly average computed in accordance with the data of the new method is more than 1% higher or lower than that computed in accordance with the data of the former method, the average weekly earnings to be used to establish the yearly average for each of the years affected by the change of method are adjusted by the Commission in such a way as to take into account the data gathered according to the method in use by Statistics Canada on 1 September 1977.
For the application of this subsection, the Commission shall use the data supplied by Statistics Canada on 1 October of the year in which the 12-month period serving as the basis for computing the maximum rate of annual earnings terminates.
(2) The Commission determines the income of the worker, basing itself on his earnings, including, where such is the case, his tips reported under section 1019.4 of the Taxation Act (chapter I-3) and attributed under section 42.11 of that Act, during the 12 months preceding his accident if his employment was not less than 12 months in the employ of the same employer, or during any other shorter period during which he was in the employ of his employer, according to the method it deems most appropriate to the circumstances.
Where, owing to the shortness of the time during which the worker was in the employ of his employer or the casual nature of his employment or the special conditions thereof, the Commission cannot determine his earnings according to the method provided in the preceding paragraph, it may take as a basis the earnings of a worker in the same grade employed at the same work by the same employer, or if there is no worker so employed over a period of 12 months prior to the accident, according to the earnings of a worker in the same grade employed in the same class of employment in the same economic region or in the same locality over a period of 12 months prior to the accident.
(3) Where the worker is working for several employers, in turn, his income is computed on the basis of what, in the opinion of the Commission, he would probably have been earning if he had been employed solely for the employer for whom he was working at the time of the accident.
(4) Employment by the same employer means employment by the same employer in the grade in which the worker was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause.
(5) In computing the income of a worker, the sums which the employer was accustomed to pay the worker for any special expenses entailed by the nature of his employment shall not be reckoned.
(6) The Commission may, if this seems more equitable to it, establish the income of the worker on the basis of his hourly earnings at the time of the accident, taking into account the nature and special conditions of his employment.
(7) For the purposes of this Act, the Commission establishes the income:
(a) of a student who, under the responsibility of a teaching institution, undergoes a non-remunerated training period in an industry, based on the order of the Commission des normes du travail in force on the day of the accident;
(b) of a person who carries on non-remunerated work in an industry, based on the order of the Commission des normes du travail in force on the day of the accident, or if it seems more equitable to it, on the earnings of a worker in the same grade employed at the same work in the same economic region or in the same locality over a period of 12 months prior to the accident.
46. (1) The maximum rate of annual earnings is equal to 150% of 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 for which the maximum rate of annual earnings is computed.
The maximum rate of annual earnings is rounded off to the next highest $500 and is applicable, for the year 1979 and each of the subsequent years, from 1 January of each year.
Where a new method is adopted by Statistics Canada to determine the average weekly earnings for a given month, by modifying either the time basis or the content basis, and the yearly average computed in accordance with the data of the new method is more than one per cent higher or lower than that computed in accordance with the data of the former method, the average weekly earnings to be used to establish the yearly average for each of the years affected by the change of method are adjusted by the Commission in such a way as to take into account the data gathered according to the method in use by Statistics Canada on 1 September 1977.
For the application of this subsection, the Commission shall use the data supplied by Statistics Canada on 1 October of the year in which the twelve-month period serving as the basis for computing the maximum rate of annual earnings terminates.
(2) The Commission determines the income of the worker, basing itself on his earnings, including, where such is the case, his gratuities declared and allocated under sections 42.2 and 42.3 of the Taxation Act (chapter I-3), during the twelve months preceding his accident if his employment was not less than twelve months in the employ of the same employer, or during any other shorter period during which he was in the employ of his employer, according to the method it deems most appropriate to the circumstances.
Where, owing to the shortness of the time during which the worker was in the employ of his employer or the casual nature of his employment or the special conditions thereof, the Commission cannot determine his earnings according to the method provided in the preceding paragraph, it may take as a basis the earnings of a worker in the same grade employed at the same work by the same employer, or if there is no worker so employed over a period of twelve months prior to the accident, according to the earnings of a worker in the same grade employed in the same class of employment in the same economic region or in the same locality over a period of twelve months prior to the accident.
(3) Where the worker is working for several employers, in turn, his income is computed on the basis of what, in the opinion of the Commission, he would probably have been earning if he had been employed solely for the employer for whom he was working at the time of the accident.
(4) Employment by the same employer means employment by the same employer in the grade in which the worker was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause.
(5) In computing the income of a worker, the sums which the employer was accustomed to pay the worker for any special expenses entailed by the nature of his employment shall not be reckoned.
(6) The Commission may, if this seems more equitable to it, establish the income of the worker on the basis of his hourly earnings at the time of the accident, taking into account the nature and special conditions of his employment.
(7) For the purposes of this act, the Commission establishes the income:
(a) of a student who, under the responsibility of a teaching institution, undergoes a non-remunerated training period in an industry, based on the order of the Commission des normes du travail in force on the day of the accident;
(b) of a person who carries on non-remunerated work in an industry, based on the order of the Commission des normes du travail in force on the day of the accident, or if it seems more equitable to it, on the earnings of a worker in the same grade employed at the same work in the same economic region or in the same locality over a period of twelve months prior to the accident.
46. (1) The maximum rate of annual earnings is equal to 150% of 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 for which the maximum rate of annual earnings is computed.
The maximum rate of annual earnings is rounded off to the next highest $500 and is applicable, for the year 1979 and each of the subsequent years, from 1 January of each year.
Where a new method is adopted by Statistics Canada to determine the average weekly earnings for a given month, by modifying either the time basis or the content basis, and the yearly average computed in accordance with the data of the new method is more than one per cent higher or lower than that computed in accordance with the data of the former method, the average weekly earnings to be used to establish the yearly average for each of the years affected by the change of method are adjusted by the Commission in such a way as to take into account the data gathered according to the method in use by Statistics Canada on 1 September 1977.
For the application of this subsection, the Commission shall use the data supplied by Statistics Canada on 1 October of the year in which the twelve-month period serving as the basis for computing the maximum rate of annual earnings terminates.
(2) The Commission determines the income of the worker, basing itself on his earnings during the twelve months preceding his accident if his employment was not less than twelve months in the employ of the same employer, or on his earnings during any other shorter period during which he was in the employ of his employer, according to the method it deems most appropriate to the circumstances.
Where, owing to the shortness of the time during which the worker was in the employ of his employer or the casual nature of his employment or the special conditions thereof, the Commission cannot determine his earnings according to the method provided in the preceding paragraph, it may take as a basis the earnings of a worker in the same grade employed at the same work by the same employer, or if there is no worker so employed over a period of twelve months prior to the accident, according to the earnings of a worker in the same grade employed in the same class of employment in the same economic region or in the same locality over a period of twelve months prior to the accident.
(3) Where the worker is working for several employers, in turn, his income is computed on the basis of what, in the opinion of the Commission, he would probably have been earning if he had been employed solely for the employer for whom he was working at the time of the accident.
(4) Employment by the same employer means employment by the same employer in the grade in which the worker was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause.
(5) In computing the income of a worker, the sums which the employer was accustomed to pay the worker for any special expenses entailed by the nature of his employment shall not be reckoned.
(6) The Commission may, if this seems more equitable to it, establish the income of the worker on the basis of his hourly earnings at the time of the accident, taking into account the nature and special conditions of his employment.
(7) For the purposes of this act, the Commission establishes the income:
(a) of a student who, under the responsibility of a teaching institution, undergoes a non-remunerated training period in an industry, based on the order of the Commission des normes du travail in force on the day of the accident;
(b) of a person who carries on non-remunerated work in an industry, based on the order of the Commission des normes du travail in force on the day of the accident, or if it seems more equitable to it, on the earnings of a worker in the same grade employed at the same work in the same economic region or in the same locality over a period of twelve months prior to the accident.
46. (1) The maximum rate of annual earnings is equal to 150% of 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 for which the maximum rate of annual earnings is computed.
The maximum rate of annual earnings is rounded off to the next highest $500 and is applicable, for the year 1979 and each of the subsequent years, from 1 January of each year.
Where a new method is adopted by Statistics Canada to determine the average weekly earnings for a given month, by modifying either the time basis or the content basis, and the yearly average computed in accordance with the data of the new method is more than one per cent higher or lower than that computed in accordance with the data of the former method, the average weekly earnings to be used to establish the yearly average for each of the years affected by the change of method are adjusted by the Commission in such a way as to take into account the data gathered according to the method in use by Statistics Canada on 1 September 1977.
For the application of this subsection, the Commission shall use the data supplied by Statistics Canada on 1 October of the year in which the twelve-month period serving as the basis for computing the maximum rate of annual earnings terminates.
(2) The Commission determines the income of the worker, basing itself on his earnings during the twelve months preceding his accident if his employment was not less than twelve months in the employ of the same employer, or on his earnings during any other shorter period during which he was in the employ of his employer, according to the method it deems most appropriate to the circumstances.
Where, owing to the shortness of the time during which the worker was in the employ of his employer or the casual nature of his employment or the special conditions thereof, the Commission cannot determine his earnings according to the method provided in the preceding paragraph, it may take as a basis the earnings of a worker in the same grade employed at the same work by the same employer, or if there is no worker so employed over a period of twelve months prior to the accident, according to the earnings of a worker in the same grade employed in the same class of employment in the same economic region or in the same locality over a period of twelve months prior to the accident.
(3) Where the worker is working for several employers, in turn, his income is computed on the basis of what, in the opinion of the Commission, he would probably have been earning if he had been employed solely for the employer for whom he was working at the time of the accident.
(4) Employment by the same employer means employment by the same employer in the grade in which the worker was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause.
(5) In computing the income of a worker, the sums which the employer was accustomed to pay the worker for any special expenses entailed by the nature of his employment shall not be reckoned.
(6) The Commission may, if this seems more equitable to it, establish the income of the worker on the basis of his hourly earnings at the time of the accident, taking into account the nature and special conditions of his employment.
(7) For the purposes of this act, the Commission establishes the income:
(a) of a student who, under the responsibility of a teaching institution, undergoes a non-remunerated training period in an industry, based on the order of the Commission du salaire minimum in force on the day of the accident;
(b) of a person who carries on non-remunerated work in an industry, based on the order of the Commission du salaire minimum in force on the day of the accident, or if it seems more equitable to it, on the earnings of a worker in the same grade employed at the same work in the same economic region or in the same locality over a period of twelve months prior to the accident.
46. (1) Average weekly earnings shall be computed by the Commission in such a manner as it deems best suited to the circumstances.
For the year 1977, from 1 September 1977, such earnings shall not be taken into consideration for an amount greater than the maximum rate of annual earnings equal to 140% of 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 1976.
For the year 1978, the maximum rate of annual earnings is equal to 145% of 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 1977.
For each of the subsequent years, the maximum rate of annual earnings is equal to 150% of 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 for which the maximum rate of annual earnings is computed.
The maximum rate of annual earnings is rounded off to the next highest $500 and is applicable, for the year 1978 and each of the subsequent years, from 1 January of each year.
Where a new method is adopted by Statistics Canada to determine the average weekly earnings for a given month, by modifying either the time basis or the content basis, and the yearly average computed in accordance with the data of the new method is more than one per cent higher or lower than that computed in accordance with the data of the former method, the average weekly earnings to be used to establish the yearly average for each of the years affected by the change of method shall be adjusted by the Commission in such a way as to take into account the data gathered according to the method in use by Statistics Canada on 1 September 1977.
For the application of this subsection, the Commission shall use the data supplied by Statistics Canada on 1 October of the year in which the twelve-month period serving as the basis for computing the maximum rate of annual earnings terminates.
(2) Where, owing to the shortness of the time during which the workman was in the employ of his employer or the casual nature of his employment or the special conditions thereof, it is impracticable to compute the rate of remuneration as of the date of the accident, the Commission may take as a basis for the earnings of the workman the average weekly or monthly amount which during the twelve months previous to the accident was being earned by a workman in the same grade employed at the same work by the same employer, or if there is no workman so employed, then by a person in the same grade employed, in the same class of employment in the same locality.
(3) Where the workman is working for several employers, in turn, his average earnings shall be computed on the basis of what, in the opinion of the Commission, he would probably have been earning if he had been employed solely for the employer for whom he was working at the time of the accident.
(4) Employment by the same employer shall mean employment by the same employer in the grade in which the workman was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause.
(5) In computing the earnings of a workman, the sums which the employer was accustomed to pay the workman to cover any special expenses entailed on him by the nature of his employment shall not be reckoned.
(6) The Commission may award compensation, having regard to the earnings of the workman at the time of the accident, if this seems more equitable to it.
(7) For the purposes of this act, the Commission shall establish the average weekly earnings of a student undergoing a non-remunerated training period in accordance with the order of the Commission du salaire minimum in force on the day of the accident.
