A-25 - Automobile Insurance Act

Section 42 Disposition versions

2000-01-01

42. Notwithstanding section 41, a victim 65 years of age or over is entitled to an income replacement indemnity during the first 180 days following the accident if

(1)  by reason of the accident, he is unable to hold an employment that he would have held during that period had the accident not occurred;

(2)  by reason of the accident, he 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.

During that period, the victim is entitled to the indemnity, in the case described in subparagraph 1 of the first paragraph, for such time as the employment would have been available and for such time as he is unable to hold it by reason of the accident and, in the case described in subparagraph 2 of the first paragraph, for such time as he is deprived of the benefits or allowances by reason of the accident.

However, if both subparagraphs 1 and 2 of the first paragraph apply, the victim cannot receive both indemnities but shall receive the greater indemnity for as long as the situation prevails.

From the one hundred and eighty-first day following the accident, the victim is entitled to an income replacement indemnity computed in accordance with section 21, subject to section 40.

1977, c. 68, s. 42; 1989, c. 15, s. 1; 1991, c. 58, s. 10; 1999, c. 22, s. 39; 1999, c. 22, s. 8.

1999-07-01

42. Notwithstanding section 41, a victim 65 years of age or over is entitled to an income replacement indemnity during the first 180 days following the accident if

(1)  by reason of the accident, he is unable to hold an employment that he would have held during that period had the accident not occurred;

(2)  by reason of the accident, he 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.

During that period, the victim is entitled to the indemnity, in the case described in subparagraph 1 of the first paragraph, for such time as the employment would have been available and for such time as he is unable to hold it by reason of the accident and, in the case described in subparagraph 2 of the first paragraph, for such time as he is deprived of the benefits or allowances by reason of the accident.

However, if both subparagraphs 1 and 2 of the first paragraph apply, the victim cannot receive both indemnities but shall receive the greater indemnity for as long as the situation prevails.

From the one hundred and eighty-first day following the accident, the victim is entitled to an income replacement indemnity computed in accordance with sections 21 and 22, subject to section 40.

1977, c. 68, s. 42; 1989, c. 15, s. 1; 1991, c. 58, s. 10; 1999, c. 22, s. 39.

1992-01-01

42. Notwithstanding section 41, a victim 65 years of age or over is entitled to an income replacement indemnity during the first 180 days following the accident if

(1)  by reason of the accident, he is unable to hold an employment that he would have held during that period had the accident not occurred;

(2)  by reason of the accident, he 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.

During that period, the victim is entitled to the indemnity, in the case described in subparagraph 1 of the first paragraph, for such time as the employment would have been available and for such time as he is unable to hold it by reason of the accident and, in the case described in subparagraph 2 of the first paragraph, for such time as he is deprived of the benefits or allowances by reason of the accident.

However, if both subparagraphs 1 and 2 of the first paragraph apply, the victim cannot receive both indemnities but shall receive the greater indemnity for as long as the situation prevails.

From the one hundred and eighty-first day following the accident, the victim is entitled to an income replacement indemnity computed in accordance with sections 21 and 22, subject to section 40.

1977, c. 68, s. 42; 1989, c. 15, s. 1; 1991, c. 58, s. 10.

1990-01-01

42. Notwithstanding section 41, a victim 65 years of age or over who, by reason of the accident, is unable to hold an employment that he would have held during the first 180 days following the accident, had it not occurred, is entitled to an income replacement indemnity for that period.

The indemnity is computed on the basis of the gross income he would have derived from the employment that he could have held had the accident not occurred. The victim is entitled to the indemnity for such time as the employment would have been available and for such time as he is unable to hold it by reason of the accident.

Subject to section 40, the victim is entitled, from the one hundred and eighty-first day following the accident, to an income replacement indemnity computed in accordance with sections 21 and 22.

1977, c. 68, s. 42; 1989, c. 15, s. 1.

1978-03-01

42. Where a spouse and other dependants survive the victim, the Régie may order, in the interest of such dependants, that the portions of the benefit intended for them be paid not to the surviving spouse but to such dependants or, where such is the case, to their tutor or curator, or failing such a person, to a person designated by the Régie. The person so designated has the obligations of a tutor or curator, as the case may be.

1977, c. 68, s. 42.