C-61.1, r. 19 - Regulation respecting the payment of indemnities to holders of hunting or trapping licences and the payment of third party damages

À jour au 1^er septembre 2012

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chapter C-61.1, r. 19

Regulation respecting the payment of indemnities to holders of hunting or trapping licences and the payment of third party damages

Act respecting the conservation and development of wildlife

(chapter C-61.1, s. 83).

R.R.Q., 1981, c. C-61, r. 21; O.C. 1543-82, s. 1; O.C. 1289-84, s. 1.

DIVISION I INTERPRETATION

1. In this Regulation, unless the context indicates otherwise,

“accident”: means any accident resulting directly from hunting or trapping for recreational purposes in Québec and causing injuries or damage for which the payment of an indemnity or of damages is provided for in this Regulation; (accident)

“Act” means the Act respecting the conservation and development of wildlife (chapter C-61.1); (Loi)

“damages” means the amount of the damage sustained by third parties as a result of an accident, up to the maximum amount provided for in the Act or in this Regulation; (dommages-intérêts)

“hunting for recreational purposes” means non-profit hunting; (chasse à des fins récréatives)

“indemnity” means the maximum amount provided for in this Regulation to indemnify the licensee in case of death or injury as a result of an accident; (indemnité)

“licensee” means every person holding a hunting or trapping licence, for recreational purposes, whose name appears on the licence issued by the Minister of Natural Resources and Wildlife or any person authorized by him, and valid at the time of the accident; (titulaire)

“Minister” means the Minister of Justice; (ministre)

“trapping for recreational purposes” means non-profit trapping. (piégeage à des fins récréatives)

R.R.Q., 1981, c. C-61, r. 21, s. 1; O.C. 1543-82, s. 2; O.C. 1289-84, s. 2; O.C. 1289-92, s. 1; O.C. 1644-93, s. 1.

DIVISION II INDEMNITIES TO A LICENSEE

2. Indemnities awarded to a holder or his legal representatives for death or injuries sustained, are as follows in the case of:

(a)  loss of life: $5,000

(b)  total and permanent disability: $5,000

(c)  loss of 2 hands, 2 feet or 2 eyes: $5,000

(d)  loss of 1 hand and 1 foot or 1 hand and 1 eye or 1 foot and 1 eye: $5,000

(e)  loss of an arm above or at the elbow: $3,500

(f)  loss of a leg above or at the knee: $3,500

(g)  loss of 1 hand, 1 foot or 1 eye: $2,500.

R.R.Q., 1981, c. C-61, r. 21, s. 2.

3. To be considered as a loss, the limbs mentioned in section 2 and the eye must meet the following conditions: in the case of hands and feet, these limbs must be completely severed at the wrist or ankle or above the wrist or the ankle; in the case of arms and legs, these limbs must be completely severed from the elbow or the knee or above the elbow or the knee; in the case of an eye, loss of sight must be complete and incurable.

R.R.Q., 1981, c. C-61, r. 21, s. 3.

4. To qualify for an indemnity; the licensee must not have been found guilty, under a statute or regulation concerning hunting or trapping, of an offence at the time of the accident.

R.R.Q., 1981, c. C-61, r. 21, s. 4; O.C. 1543-82, s. 3; O.C. 1289-84, s. 5.

5. In order to benefit from an indemnity in the case of total and permanent disability, the latter must occur during the 12 months following the date of the accident.

R.R.Q., 1981, c. C-61, r. 21, s. 5.

DIVISION III NOTICE — DELAYS — CLAIM FORMS — RELEVANT DOCUMENTS — MEDICAL EXAMINATION

6. In order to be entitled to an indemnity, the claimant must give written notice to the Minister within 90 days of the accident. The notice must indicate the place, the date, the circumstances of the accident and the type of injuries.

R.R.Q., 1981, c. C-61, r. 21, s. 6.

7. Upon receipt of this notice, the Minister provides the claimant with a form shown as Schedule A.

This form must be duly completed and returned to the Minister forthwith all the relevant documents mentioned in the said form.

R.R.Q., 1981, c. C-61, r. 21, s. 7.

8. The Minister may also require that a claimant undergo one or several medical examinations by a physician appointed by him.

R.R.Q., 1981, c. C-61, r. 21, s. 8.

9. No suit or proceedings for recovery of an indemnity can be entered against the Minister, under the terms of the Act or this Regulation, before one year has elapsed from the date of the accident and providing the claimant has complied with all the provisions of the Act or of this Regulation.

R.R.Q., 1981, c. C-61, r. 21, s. 9.

10. In the case of the licensee’s death, the indemnities provided in section 2 will be paid only upon presentation to the Minister of the certificates showing that succession duties have been paid.

R.R.Q., 1981, c. C-61, r. 21, s. 10.

DIVISION IV PAYMENT OF DAMAGES TO THIRD PARTIES

11. In the case of an accident liable to cause a claim to be made against the hunter or trapper, the latter must notify the Minister forthwith. Failure to give such notice will result in the loss of all recourses for the claimant under the terms of the Act or this Regulation.

In the case where a hunter or trapper receives a claim or service of a civil suit for damages caused to third parties, he must give written notice to the Minister forthwith, using Form A attached to this Regulation.

This Form must be accompanied or followed by any other relevant document which the Minister may require in order to settle the claim or the suit.

From the time the hunter or trapper notifies the Minister, he must cooperate with him in order to facilitate the settlement of the claim.

R.R.Q., 1981, c. C-61, r. 21, s. 11; O.C. 1644-93, s. 2.

12. In the case where the Government pays damages to property for which a hunter or trapper is, in the opinion of the Minister, or according to a court decision, responsible with regard to third parties as a result of an accident, an amount of $50 is deducted from the sum to be paid.

R.R.Q., 1981, c. C-61, r. 21, s. 12; O.C. 1644-93, s. 3.

13. Damages must not be paid for material damages caused by the licensee to property belonging to a third party, when its safeguard and control are entrusted to him at the time of the accident.

R.R.Q., 1981, c. C-61, r. 21, s. 13.

SCHEDULE A

(ss. 7 and 11)

FORM A

Ministère de la Justice

1200, route de l’Église

Québec, QC

HUNTING AND FISHING ACCIDENT

Name of licensee: Claim number:

Address: Age:

Licence No.: Hunting or Trapping

Occupation: Employer:

---

Date:

Accident Place:

Time:

---

Description of the accident: ____________________________________________________________________

---

---

---

Name: Age:

__________________________________________

Injury or Address: Tel.:

damages to __________________________________________

a third Type of damage or injuries:

party __________________________________________

Employer: Occupation:

---

Name: Tel:

__________________________________________

Accident Address:

witness __________________________________________

Name: Tel:

__________________________________________

Address:

---

Date: ________________________________________ Signed ________________________________________

N.B. This certificat must be completed in all cases of claim for indemnity.

CERTIFICATE FROM ATTENDING PHYSICIAN

(to be procured at the claimant’s expense)

---

Name of patient

---

Type of injuries

---

Mention complications if any

---

Did the victim suffer from a previous physical malformation?

---

Name of the hospital where care are given

---

Will there be total or permanent disability?

---

I certify that this report is accurate to the best of my knowledge.

Signed at ______________________________ on this _______ day of ________________________ 20_______

_______________________________________________

(Physician’s signature)

In case of death, all claims must include:

(1) Death certificate;

(2) Receipts covering federal and provincial succession duties.

R.R.Q., 1981, c. C-61, r. 21, Sch. A; O.C. 1543-82, s. 4; O.C. 1289-84, s. 8.

REFERENCES

R.R.Q., 1981, c. C-61, r. 21

O.C. 1543-82, 1982 G.O. 2, 1869; Suppl. 332

O.C. 1289-84, 1984 G.O. 2, 2121

O.C. 1289-92, 1992 G.O. 2, 4387

O.C. 1644-93, 1993 G.O. 2, 6428