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A-25 - Automobile Insurance Act

Section 20
Disposition versions

Full text
20. The income replacement indemnity is computed in the following manner:
(1)  if the victim holds an employment as a salaried worker, the indemnity is computed on the basis of the gross income he derives from his employment;
(2)  if the victim is 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 from his employment, if that is higher;
(3)  if the victim holds more than one employment, the indemnity is computed on the basis of the gross income he derives from the employment or, where such is the case, the employments he becomes unable to hold.
A victim who, by reason of the accident, is deprived of regular benefits or employment benefits established to assist in obtaining skills for employment through a training program under the Act respecting employment insurance in Canada (Statutes of Canada, 1996, chapter 23) to which he was entitled at the time of the accident is entitled to receive an additional indemnity computed on the basis of the benefits that would have been paid to him. These benefits are deemed to form part of his gross income.
1977, c. 68, s. 20; 1982, c. 59, s. 7; 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1991, c. 58, s. 3; 1999, c. 22, s. 39.
20. The income replacement indemnity is computed in the following manner:
(1)  if the victim holds an employment as a salaried worker, the indemnity is computed on the basis of the gross income he derives from his employment;
(2)  if the victim is 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 from his employment, if that is higher;
(3)  if the victim holds more than one employment, the indemnity is computed on the basis of the gross income he derives from the employment or, where such is the case, the employments he becomes unable to hold.
A victim who, by reason of the accident, is deprived of unemployment insurance benefits or of allowances paid under the National Training Act (Revised Statutes of Canada, 1985, chapter N-19) to which he was entitled at the time of the accident is entitled to receive an additional indemnity computed on the basis of the benefits or allowances that would have been paid to him. These benefits or allowances are deemed to form part of his gross income.
1977, c. 68, s. 20; 1982, c. 59, s. 7; 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1991, c. 58, s. 3.
20. The income replacement indemnity is computed in the following manner:
(1)  if the victim holds an employment as a salaried worker, the indemnity is computed on the basis of the gross income he derives from his employment;
(2)  if the victim is 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 from his employment, if that is higher;
(3)  if the victim holds more than one employment, the indemnity is computed on the basis of the gross income he derives from the employment or, where such is the case, the employments he becomes unable to hold.
A victim who, by reason of the accident, is deprived of unemployment insurance benefits to which he was entitled at the time of the accident is entitled to receive an additional indemnity computed on the basis of the unemployment insurance benefits that would have been paid to him. The benefits are deemed to form part of his gross income.
1977, c. 68, s. 20; 1982, c. 59, s. 7; 1989, c. 15, s. 1; 1990, c. 19, s. 11.
20. The income replacement indemnity is computed in the following manner:
(1)  if the victim holds an employment as a salaried worker, the indemnity is computed on the basis of the gross income he derives from his employment;
(2)  if the victim is 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 from his employment, if that is higher;
(3)  if the victim holds more than one employment, the indemnity is computed on the basis of the gross income he derives from the employment or, where such is the case, the employments he becomes unable to hold.
A victim who, by reason of the accident, is deprived of unemployment insurance benefits to which he was entitled at the time of the accident is entitled to receive an additional indemnity computed on the basis of the unemployment insurance benefits that would have been paid to him. The benefits are deemed to form part of his gross income.
1977, c. 68, s. 20; 1982, c. 59, s. 7; 1989, c. 15, s. 1.
20. The victim who at the time of the accident held no employment while being able to work, held casual employment or part-time employment, worked without pay in a family undertaking or was a person at home is entitled to an income replacement indemnity if, due to the accident, he becomes unable to hold the employment that he could have held on a regular and full-time basis.
The Régie shall determine the employment that the victim could have held on a regular and full-time basis by taking into account the qualifications, the experience and the physical and intellectual capacities of the victim.
The Régie shall estimate the presumptive gross income of the victim by taking into account the employment determined in the preceding paragraph, the periods during which the victim was without employment or held casual or part-time employment and, if such is the case, the income from a previous employment.
1977, c. 68, s. 20; 1982, c. 59, s. 7.
20. Subject to sections 21 and 22, the victim who at the time of the accident held no employment while being able to work, held casual employment or part-time employment, worked without pay in a family undertaking or was a person at home is entitled to an income replacement indemnity if, due to the accident, he becomes unable to hold the employment that he could have held on a regular and full-time basis.
The Régie shall determine the employment that the victim could have held on a regular and full-time basis by taking into account the qualifications, the experience and the physical and intellectual capacities of the victim.
The Régie shall estimate the presumptive gross income of the victim by taking into account the employment determined in the preceding paragraph, the periods during which the victim was without employment or held casual or part-time employment and, if such is the case, the income from a previous employment.
1977, c. 68, s. 20.
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