Canada — Quebec Act or statute

Canada — Quebec legislation

Automobile Insurance Act, 1977

This section defines key terms used in the Act, including “accident,” “automobile,” “damage caused by an automobile,” “load,” “owner,” “public highway,” and “theft.”

Source excerpt

Maximum Yearly Insurable Earningsaccident compensationaccident indemnityaccidentsage-based entitlementagency designationagreement complianceanalysis dutyappealsappeals/review proceedingsapplication processingappraisalappraisal centresattendance rightsauthorizationautomobile damage liabilityautomobile insuranceautomobile liabilitybenefit entitlementbenefit offsetbenefitsbenefits administrationbenefits and indemnitiesbenefits calculationbenefits eligibilityboard meetingsboard quorumbodily injurycapitalizationcare expenses indemnitycare expenses reimbursementcertificate of insurancecertificate surrendercertificationclaims adjudicationclaims by accident victimsclaims eligibilityclaims filingclaims handlingclaims paymentclaims procedureclaims processingclaims recoveryclassificationclothingcommission disclosurecompensationcompensation administrationcompensation claimscompensation timingcompulsory liability insuranceconfidential informationconfidentiality agreementconsumer price indexcontestationscontract obligationscontract renewalcontract voidancecourt challengecourt judgment satisfactioncourt remediescoverage exclusionsdamage appraisaldamage insurance sectordata collectiondata processingdebt set-offdecision reconsiderationdefence burdendelegation of powersdirect compensation agreementdirector remunerationdisability benefitdisability compensationdisability durationdisability indemnitydocument productiondriver licensingearnings ceilingemployee absenceemploymentemployment benefitsemployment continuationemployment determinationemployment incomeevidence certificationexpense reimbursementfamily statusfiling obligationsfinancial yearfinefinesfiscal periodfuneral expenses indemnitygarage liability coveragegarage operationsgovernment paymentsgross income calculationhealth services fundinghealth services reimbursementhome assistance reimbursementincome replacementincome replacement indemnityindemnityindemnity calculationindemnity calculationsindemnity decision-makingindemnity deductionindemnity paymentindemnity paymentsindemnity recoveryindexationinformation disclosureinformation furnishinginjury compensationinjury compensation exclusionsinspectioninstallment paymentsinsuranceinsurance benefitsinsurance certificatesinsurance claimsinsurance compensation limitsinsurance contract cancellationinsurance contract termsinsurance contributioninsurance contribution calculationinsurance documentationinsurance indemnitiesinsurance information useinsurance premium disclosureinsured notificationsinsurer authorizationinsurersinter-agency agreementinterventionjoint decisionsjudgment enforcementjudgment satisfactionlegal compliancelegal incapacityliability allocationliability insurancelicensing feeslodginglodging expensesmarket regulationmarketing expenses disclosuremedical caremedical examination reimbursementmedical reimbursementmisrepresentationmonetary administrative penaltiesmonetary amountsmonetary roundingmotor vehicle accidentsmotor vehicle insurancemotor vehiclesnet income computationnon-pecuniary damagenotice of coming into forceonline publicationoperating costsoppositionowner liabilitypay recordspaymentpersonal informationpersonal information sharingpolicy issuancepolicy renewalpremium adjustmentpremium noticepremium paymentproperty damageproperty damage claimsproperty damage compensationprosecution timingprosthesespublic curator notificationrate applicationrate manualsrefundsregulatory amountsregulatory approvalregulatory calculation methodsregulatory complianceregulatory powerregulatory powersregulatory reportingregulatory valuationreimbursementreimbursement rulesremediesrepair verificationreportingreporting deadlinesreporting obligationsresponsibility disputesrevalorizationrevenue fundrisk aggravationrisk classificationrisk coverageroad vehicle registrationroundingseizureservice of processset-offsingle paymentstatute updatestatutory deductionsstatutory definitionsstudent indemnitystudent studiessubrogationsuccessionsupplier paymenttabling requirementtemporary certificatetie votetraining programstransportationtransportation expensestribunal proceedingsunseizable amountsvehicle ownership compliancevehicle registrationvehicle usevictim compensationvoucher-based reimbursementweekly allowanceweekly reimbursement

Jurisdiction: Canada — Quebec
Structure: 352 provisions
Official identity: Year 1977
Dates: Enacted 1977 · Source version 10 Jun 2026

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Dates: Enacted 1977 · Source version 10 Jun 2026

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“This section defines key terms used in the Act, including “accident,” “automobile,” “damage caused by an automobile,” “load,” “owner,” “public highway,” and “theft.””

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Section 1

This section defines key terms used in the Act, including “accident,” “automobile,” “damage caused by an automobile,” “load,” “owner,” “public highway,” and “theft.”

Section 1

Section 36.1

A victim deprived of certain benefits because of an accident is entitled to an income replacement indemnity, subject to an age-based end point.

Section 36.1

Section 80.1

If the stated employment-based condition is met, the victim cannot receive both indemnities and must receive the income replacement indemnity for as long as the situation continues.

Section 80.1

Section 83.44.1

The Société may reconsider a decision if no review application has been made and no proceeding is before the Administrative Tribunal of Québec, and an interested person may request reconsideration.

Section 83.44.1

Section 103

The Government, its agents and mandataries of the State have insurer-like rights and obligations for automobiles they own. If someone obtains possession of one of those automobiles by theft, that person is liable to the victim for the obligations imposed upon…

Section 103

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Source record from www.legisquebec.gouv.qc.ca · Enacted 1977 · Source version 10 Jun 2026

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Showing 200 of 352 provisions

Provision 176Repeal 13Offence 8Interpretation 2

§ 1Section 1Offence

Source excerpt

This section defines key terms used in the Act, including “accident,” “automobile,” “damage caused by an automobile,” “load,” “owner,” “public highway,” and “theft.”

1. In this Act, unless otherwise indicated by the context, “accident” means any event in which damage is caused by an automobile; “automobile” means any vehicle propelled by any power other than muscular force and adapted for transportation on public highways but not on rails; “damage caused by an automobile” means any damage caused by an automobile, by the use thereof or by the load carried in or on an automobile, including damage caused by a trailer used with an automobile, but excluding damage caused by the autonomous act of an animal that is part of the load and injury or damage caused to a person or property by reason of an action performed by that person in connection with the maintenance, repair, alteration or improvement of an automobile; “load” means any property in, on, or transported by an automobile; “owner” means a person who acquires or possesses an automobile under a title of ownership, under a title involving a condition or a term giving him the right to become the owner thereof, or under a title giving him the right to use it as the owner thereof charged to deliver over, and a person who leases an automobile for a period of not less than one year; “public highway” means that part of any land or structure which is intended for public automobile traffic, except any part of any land or structure which is mainly used by the following vehicles, as defined by regulation: (1) farm tractors, farm trailers, specialized equipment or drawn machinery; (2) snowmobiles; (3) vehicles intended for use off a public highway; “theft” refers to the offence described in section 322 of the Criminal Code (Revised Statutes of Canada, 1985, chapter C-46). 1977, c. 68, s. 1; 1980, c. 38, s. 1; 1980, c. 38, s. 24; 1981, c. 7, s. 540; 1982, c. 59, s. 1; 1982, c. 52, s. 50, s. 51; 1982, c. 59, s. 68; 1986, c. 91, s. 661; 1989, c. 15, s. 1; 1991, c. 58, s. 1.

Section 1Verify source

§ 1.1Section 1.1Provision

Source excerpt

This section is marked as replaced.

1.1. (Replaced). 1981, c. 7, s. 541; 1989, c. 15, s. 1.

Section 1.1Verify source

§ 2Section 2Provision

Source excerpt

This section defines key terms used in the title, including “bodily injury,” “dependant,” “employment,” and “spouse.”

2. In this title, unless otherwise indicated by the context, “bodily injury” means any physical or mental injury, including death, suffered by a victim in an accident, and any damage to the clothing worn by a victim; “dependant” means (1) the spouse; (2) the person who is separated from the victim de facto or legally, whose marriage to or civil union with the victim has been dissolved or declared null by a final judgment, or whose civil union has been dissolved by a notarized joint declaration of dissolution and who is entitled to receive support from the victim by virtue of a judgment or agreement; (3) a minor child of the victim and a minor person to whom the victim stands in place of a mother, father or parent; (4) a child of full age of the victim and a person of full age to whom the victim stands in place of a mother, father or parent, provided that their basic needs and maintenance costs are borne by the victim to the extent of over 50%; (5) any other person related to the victim by blood or adoption and any other person who stands in place of a mother, father or parent to the victim, provided that their basic needs and maintenance costs are borne by the victim to the extent of over 50%; “employment” means any remunerative occupation; “spouse” means the person who is married to or in a civil union with and living with the victim or who has been living in a de facto union with the victim, whether the person is of the opposite or the same sex, and has been publicly represented as the victim’s spouse for at least three years or, in the following cases, for at least one year: — a child has been born or is to be born of their union; — they have adopted a child together; or — one of them has adopted a child of the other. 1977, c. 68, s. 2; 1989, c. 15, s. 1; 1993, c. 56, s. 1; 1999, c. 14, s. 6; 2002, c. 6, s. 85; 2022, c. 22, s. 220.

Section 2Verify source

§ 3Section 3Repeal

Source excerpt

Section 3 is repealed.

3. (Repealed). 1977, c. 68, s. 3; 1989, c. 15, s. 1; 1992, c. 57, s. 433.

Section 3Verify source

§ 4Section 4Provision

Source excerpt

For this title, compensation includes reimbursement of the expenses referred to in Chapter V.

4. For the purposes of this title, compensation includes the reimbursement of the expenses referred to in Chapter V. 1977, c. 68, s. 4; 1985, c. 6, s. 485; 1989, c. 15, s. 1.

Section 4Verify source

§ 5Section 5Provision

Source excerpt

Compensation under this title is granted by the Société de l’assurance automobile du Québec, regardless of fault.

5. Compensation under this title is granted by the Société de l’assurance automobile du Québec regardless of who is at fault. 1977, c. 68, s. 5; 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 5Verify source

§ 6Section 6Provision

Source excerpt

A person who suffers bodily injury in an accident is a victim.

6. Every person who suffers bodily injury in an accident is a victim. 1977, c. 68, s. 6; 1989, c. 15, s. 1; 1999, c. 40, s. 26; 2010, c. 34, s. 96.

Section 6Verify source

§ 7Section 7Provision

Source excerpt

Victims resident in Québec, and their dependants, are entitled to compensation under this title, even if the accident happened outside Québec.

7. Every victim resident in Québec and his dependants are entitled to compensation under this title, whether the accident occurs in Québec or outside Québec. Subject to paragraph 1 of section 195, a person resident in Québec is a person who lives in Québec and is ordinarily in Québec, and has the status of Canadian citizen, permanent resident or person having lawful permission to come into Québec as a visitor. 1977, c. 68, s. 7; 1989, c. 15, s. 1.

Section 7Verify source

§ 8Section 8Provision

Source excerpt

If a Québec-registered automobile is involved in an accident in Québec, the owner, driver, and passengers are deemed resident in Québec.

8. Where an automobile for which a registration certificate has been issued in Québec is involved in an accident in Québec, the owner, the driver and the passengers are deemed to be resident in Québec. 1977, c. 68, s. 8; 1989, c. 15, s. 1; 2000, c. 64, s. 30.

Section 8Verify source

§ 9Section 9Provision

Source excerpt

9. Where the victim of an accident that occurs in Québec is not resident in Québec, he is entitled to compensation under this title but only to the extent that he is not responsible for the accident, unless otherwise agreed between the Société and the competent authorities of the place of residence of the victim. Subject to sections 108 to 114, responsibility is determined according to the ordinary rules of law. Notwithstanding sections 83.45, 83.49 and 83.57, in case of disagreement between the Société and the victim with regard to his responsibility, the remedy of the victim against the Société in that respect is submitted to the competent court. The remedy must be exercised within 180 days of the decision as to responsibility rendered by the Société. 1977, c. 68, s. 9; 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 9Verify source

§ 10Section 10Provision

Source excerpt

This section excludes compensation in several accident scenarios, but preserves compensation for certain cases where another moving automobile is involved.

10. No person is entitled to compensation under this title in the following cases: (1) if the injury is caused, while the automobile is not in motion on a public highway, by, or by the use of, a device that can be operated independently, as defined by regulation, and that is incorporated with the automobile; (2) if the accident in which an injury is caused by a farm tractor, a farm trailer, a specialized vehicle or drawn machinery, as defined by regulation, occurs off a public highway; (3) if the injury is caused by a snowmobile or a vehicle intended for use off a public highway, as defined by regulation; (4) if the accident occurs as a result of a contest, show, race, open trial, demonstration or exhibition involving one or more automobiles on a track or other location temporarily or permanently closed to all other automobile traffic or inside a building, whether or not the automobile that causes the injury is participating in the contest, show, race, open trial, demonstration or exhibition; (5) if the injury is caused by a motor-assisted bicycle, a motorized mobility aid or a motorized personal mobility device, as defined by regulation. In each case, subject to sections 108 to 114, responsibility is determined according to the ordinary rules of law. However, in the cases described in subparagraphs 2, 3 and 5 of the first paragraph, a victim is entitled to compensation if an automobile in motion, other than a vehicle mentioned in those subparagraphs, is involved in the accident. 1977, c. 68, s. 10; 1978, c. 57, s. 92; 1979, c. 63, s. 329; 1985, c. 6, s. 486; 1988, c. 51, s. 100; 1989, c. 15, s. 1; 2018, c. 7, s. 174.

Section 10Verify source

§ 11Section 11Provision

Source excerpt

Compensation claims under this title are prescribed by three years, running from the accident, when the injury appears, or for a death benefit, from the time of death.

11. Entitlement to compensation under this title is prescribed by three years from the accident or the time the injury appears and, with regard to a death benefit, from the time of death. The Société may allow an applicant to apply for compensation after the prescribed time if the applicant was unable, for serious and valid reasons, to act sooner. An application for compensation filed in accordance with this title interrupts the prescription that applies pursuant to the Civil Code until a final decision is rendered. 1977, c. 68, s. 11; 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1999, c. 22, s. 1.

Section 11Verify source

§ 11.1Section 11.1Provision

Source excerpt

Section 11.1 is marked as replaced.

11.1. (Replaced). 1982, c. 59, s. 2; 1989, c. 15, s. 1.

Section 11.1Verify source

§ 12Section 12Provision

Source excerpt

A transfer of a right to an indemnity under this title is absolutely null. If a person transfers part of an indemnity under such an assignment, that person has a right of recovery against the recipient.

12. Any transfer of the right to an indemnity contemplated in this title is absolutely null. Any person who transfers part of his indemnity pursuant to such an assignment has a right of recovery against the person receiving it. 1977, c. 68, s. 12; 1989, c. 15, s. 1; 1992, c. 57, s. 434; 1999, c. 40, s. 26.

Section 12Verify source

§ 12.1Section 12.1Provision

Source excerpt

The Société must be included as a party in any action where a court must decide whether bodily injuries were caused by an automobile.

12.1. The Société must be impleaded in any action where a determination is to be made as to whether the bodily injuries were caused by an automobile. 1993, c. 56, s. 2.

Section 12.1Verify source

§ 13Section 13Provision

Source excerpt

This subdivision does not apply to victims under 16, or to victims 16 or older who attend a secondary or post-secondary educational institution full-time.

13. This subdivision does not apply to a victim under 16 years of age or to a victim 16 years of age or over attending a secondary or post-secondary educational institution on a full-time basis. 1977, c. 68, s. 13; 1989, c. 15, s. 24; 1989, c. 15, s. 1.

Section 13Verify source

§ 13.1Section 13.1Repeal

Source excerpt

Section 13.1 is repealed.

13.1. (Repealed). 1982, c. 59, s. 3; 1989, c. 15, s. 24.

Section 13.1Verify source

§ 14Section 14Provision

Source excerpt

A victim meeting the stated employment and incapacity conditions is entitled to an income replacement indemnity.

14. A victim who, at the time of the accident, holds a regular employment on a full-time basis is entitled to an income replacement indemnity if, by reason of the accident, he is unable to hold his employment. 1977, c. 68, s. 14; 1989, c. 15, s. 1.

Section 14Verify source

§ 15Section 15Provision

Source excerpt

This section sets how the income replacement indemnity is calculated, and gives an additional indemnity to a victim who loses certain benefits because of the accident.

15. 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. 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. 15; 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1991, c. 58, s. 2; 1999, c. 22, s. 39.

Section 15Verify source

§ 16Section 16Provision

Source excerpt

16. A victim who, at the time of the accident, holds more than one regular employment including at least one full-time employment is entitled to an income replacement indemnity if, by reason of the accident, he is unable to hold one of these employments. The indemnity is computed, in accordance with the rules set out in section 15, on the basis of the gross income the victim derives from the employment he is unable to hold, or on the basis of the aggregate of the gross incomes he derives from the several employments he becomes unable to hold, where that is the case. 1977, c. 68, s. 16; 1982, c. 59, s. 4; 1989, c. 15, s. 1.

Section 16Verify source

§ 17Section 17Provision

Source excerpt

A victim may be entitled to an income replacement indemnity if special circumstances prevented a more remunerative job and the victim cannot hold that job because of the accident.

17. A victim who proves that he would have held a more remunerative employment at the time of the accident but for special circumstances is entitled to receive an income replacement indemnity computed on the basis of the gross income he would have derived from that employment, provided he is unable to hold it by reason of the accident. The employment must be a regular full-time employment that would have been compatible with the training, experience and physical and intellectual abilities of the victim on the date of the accident. 1977, c. 68, s. 17; 1982, c. 59, s. 5; 1989, c. 15, s. 1.

Section 17Verify source

§ 18Section 18Provision

Source excerpt

This subdivision does not apply to victims under 16, or to victims 16 or older who attend secondary or post-secondary educational institutions full time.

18. This subdivision does not apply to a victim under 16 years of age or to a victim 16 years of age or over attending a secondary or post-secondary educational institution on a full-time basis. 1977, c. 68, s. 18; 1982, c. 59, s. 6; 1985, c. 6, s. 487; 1989, c. 15, s. 1.

Section 18Verify source

§ 18.1Section 18.1Provision

Source excerpt

Section 18.1 is marked as replaced.

18.1. (Replaced). 1985, c. 6, s. 487; 1989, c. 15, s. 1.

Section 18.1Verify source

§ 18.2Section 18.2Provision

Source excerpt

18.2. (Replaced). 1985, c. 6, s. 487; 1989, c. 15, s. 1.

Section 18.2Verify source

§ 18.3Section 18.3Provision

Source excerpt

Section 18.3 is marked as replaced.

18.3. (Replaced). 1985, c. 6, s. 487; 1989, c. 15, s. 1.

Section 18.3Verify source

§ 18.4Section 18.4Provision

Source excerpt

18.4. (Replaced). 1985, c. 6, s. 487; 1989, c. 15, s. 1.

Section 18.4Verify source

§ 19Section 19Provision

Source excerpt

A victim with temporary or part-time regular employment may be entitled to an income replacement indemnity if the accident prevents the victim from working.

19. A victim who, at the time of the accident, holds a regular employment on a temporary or part-time basis is entitled to an income replacement indemnity for the first 180 days following the accident if, by reason of the accident, he is unable to hold his employment. During that period, the victim is entitled to the indemnity for such time as he remains unable, by reason of the accident, to hold that employment. 1977, c. 68, s. 19; 1989, c. 15, s. 1.

Section 19Verify source

§ 20Section 20Provision

Source excerpt

This section sets how the income replacement indemnity is calculated for salaried workers, self-employed victims, and victims with more than one employment, and it gives some victims an additional indemnity for lost training-related benefits.

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.

Section 20Verify source

§ 21Section 21Provision

Source excerpt

The Société must determine a suitable employment for the victim starting on the 181st day after the accident, and the victim may be entitled to an income replacement indemnity if the accident leaves him unable to hold that employment.

21. From the one hundred and eighty-first day after the accident, the Société shall determine an employment for the victim in accordance with section 45. The victim is entitled to an income replacement indemnity if, by reason of the accident, he is unable to hold the employment determined by the Société. The indemnity is computed on the basis of the gross income that the victim could have derived from the employment determined for him by the Société. The Société shall establish the gross income of the victim in the manner prescribed by regulation, taking into account (1) the fact that the victim could have held the employment on a full-time or part-time basis; (2) the work experience of the victim in the five years preceding the accident and, in particular, the periods during which he was fit to hold employment or was unemployed or held only temporary or part-time employment; (3) the gross income the victim derived from an employment held before the accident. If the victim held more than one temporary or part-time employment at the time of the accident, the Société shall determine only one employment for him in accordance with section 45. The first paragraph does not apply to a victim entitled to an indemnity for care expenses under section 80. 1977, c. 68, s. 21; 1982, c. 59, s. 8; 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 21Verify source

§ 21.1Section 21.1Provision

Source excerpt

This section is marked as replaced.

21.1. (Replaced). 1982, c. 59, s. 8; 1989, c. 15, s. 1.

Section 21.1Verify source

§ 21.2Section 21.2Provision

Source excerpt

Section 21.2 is marked as replaced.

21.2. (Replaced). 1982, c. 59, s. 8; 1989, c. 15, s. 1.

Section 21.2Verify source

§ 21.3Section 21.3Provision

Source excerpt

This section is marked as replaced.

21.3. (Replaced). 1982, c. 59, s. 8; 1989, c. 15, s. 1.

Section 21.3Verify source

§ 22Section 22Repeal

Source excerpt

Section 22 is repealed.

22. (Repealed). 1977, c. 68, s. 22; 1982, c. 59, s. 9; 1989, c. 15, s. 1; 1999, c. 22, s. 2.

Section 22Verify source

§ 23Section 23Provision

Source excerpt

This subdivision does not apply to victims under 16, or to victims 16 or older who attend a secondary or post-secondary educational institution full time.

23. This subdivision does not apply to a victim under 16 years of age or to a victim 16 years of age or over attending a secondary or post-secondary educational institution on a full-time basis. 1977, c. 68, s. 23; 1989, c. 15, s. 1.

Section 23Verify source

§ 24Section 24Provision

Source excerpt

24. A victim who, at the time of the accident, is unemployed but able to work is entitled to an income replacement indemnity for 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. The victim is entitled, during that period, 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 or, in the case described in subparagraph 2 of the first paragraph, for such time as he is deprived of benefits by reason of the accident. However, where both subparagraphs 1 and 2 of the first paragraph apply, the victim cannot receive both indemnities, but shall, for such time as both of the said subparagraphs continue to apply, receive the greater of the indemnities. 1977, c. 68, s. 24; 1989, c. 15, s. 1; 1991, c. 58, s. 4; 1999, c. 22, s. 39.

Section 24Verify source

§ 25Section 25Provision

Source excerpt

25. The indemnity to which the victim described in subparagraph 1 of the first paragraph of section 24 is entitled is computed on the basis of the gross income he would have derived from the employment he would have held had the accident not occurred. The indemnity to which the victim described in subparagraph 2 of the first paragraph of section 24 is entitled is computed on the basis of the benefits that would have been paid to him had the accident not occurred. For the purposes of this section, the benefits to which the victim would have been entitled are deemed to be his gross income. 1977, c. 68, s. 25; 1989, c. 15, s. 1; 1991, c. 58, s. 5; 1999, c. 22, s. 39; 1999, c. 40, s. 26.

Section 25Verify source

§ 26Section 26Provision

Source excerpt

From day 181 after the accident, the Société must determine an employment for the victim. The victim is entitled to an income replacement indemnity if the accident leaves him unable to hold that employment, subject to the care-expenses exception.

26. From the one hundred and eighty-first day after the accident, the Société shall determine an employment for the victim in accordance with section 45. The victim is entitled to an income replacement indemnity if, by reason of the accident, he is unable to hold the employment determined by the Société. The indemnity is computed in accordance with the third paragraph of section 21. The first paragraph does not apply to a victim entitled to an indemnity for care expenses under section 80. 1977, c. 68, s. 26; 1982, c. 59, s. 10; 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1999, c. 22, s. 3.

Section 26Verify source

§ 26.1Section 26.1Provision

Source excerpt

This subdivision does not apply to victims under 16, or to victims 16 or older who attend a secondary or post-secondary educational institution full-time.

26.1. This subdivision does not apply to a victim under 16 years of age or to a victim 16 years of age or over attending a secondary or post-secondary educational institution on a full-time basis. 1982, c. 59, s. 11; 1989, c. 15, s. 1; 2022, c. 13, s. 1.

Section 26.1Verify source

§ 26.2Section 26.2Provision

Source excerpt

26.2. A victim who, by reason of an accident, suffers catastrophic injuries or sequelae determined by regulation is entitled, from the date that is 12 months after the date of the accident, to having the income replacement indemnity to which he is entitled on that date under this division computed on the basis of a gross income that shall not be less than the gross income equal to 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 of the accident. 2022, c. 13, s. 1.

Section 26.2Verify source

§ 27Section 27Provision

Source excerpt

This section defines “current studies” and when a victim is deemed to be attending an institution full-time.

27. For the purposes of this subdivision, (1) current studies are studies forming part of a program of studies at the secondary or post-secondary level which, on the day of the accident, the victim has admission to begin or continue at an educational institution; (2) a victim is deemed to be attending, on a full-time basis, an institution offering courses at the secondary or post-secondary level from such time as he is admitted by the institution as a full-time student in a program of that level, until such time as he completes the last term, abandons his studies, or no longer meets the requirements set by the institution he is attending for continuing his studies, whichever occurs first. 1977, c. 68, s. 27 (part); 1982, c. 59, s. 12; 1989, c. 15, s. 1; 1999, c. 40, s. 26.

Section 27Verify source

§ 28Section 28Provision

Source excerpt

A victim aged 16 or over who was attending secondary or post-secondary studies full-time on the day of the accident is entitled to an indemnity while the accident prevents the person from starting or continuing current delayed studies.

28. A victim who on the day of the accident is 16 years of age or over and attending a secondary or post-secondary educational institution on a full-time basis is entitled to an indemnity for such time as, by reason of the accident, he is unable to begin or to continue his current studies, if they are delayed. The right to the indemnity ceases on the date scheduled, at the time of the accident, for the completion of his current studies. 1977, c. 68, s. 28; 1989, c. 15, s. 1; 1992, c. 68, s. 157.

Section 28Verify source

§ 29Section 29Provision

Source excerpt

The indemnity is set at $5,500 for each missed school year at the secondary level and $5,500 for each missed term at the post-secondary level, subject to a yearly cap of $11,000.

29. The indemnity shall be in the amount of (1) $5,500 for every school year missed at the secondary level; (2) $5,500 for every term missed at the post-secondary level, up to $11,000 a year. 1977, c. 68, s. 29; 1982, c. 59, s. 13; 1989, c. 15, s. 1.

Section 29Verify source

§ 29.1Section 29.1Provision

Source excerpt

29.1. 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 an income replacement indemnity for such time as he is deprived of benefits by reason of the accident but not beyond the date scheduled, at the time of the accident, for the completion of current studies. The indemnity to which the victim is entitled is computed on the basis of the benefits that would have been paid to him had the accident not occurred. For the purposes of this section, the benefits to which the victim would have been entitled are deemed to be his gross income. 1991, c. 58, s. 6; 1999, c. 22, s. 39; 1999, c. 22, s. 4.

Section 29.1Verify source

§ 30Section 30Provision

Source excerpt

A victim who had or would have had employment at the time of the accident may be entitled to an income replacement indemnity if the accident prevents them from holding that employment.

30. A victim who, at the time of the accident, also holds an employment or, had the accident not occurred, would have held an employment is entitled, in addition, to an income replacement indemnity if, by reason of the accident, he is unable to hold that employment. 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 but not beyond the date scheduled, at the time of the accident, for the completion of current studies. 1977, c. 68, s. 30; 1989, c. 15, s. 1; 1999, c. 22, s. 5.

Section 30Verify source

§ 31Section 31Provision

Source excerpt

31. The income replacement indemnity is computed in the following manner: (1) if the victim holds or could have held an employment as a salaried worker, the indemnity is computed on the basis of the gross income he derives or would have derived from his employment; (2) if the victim is or could have been 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 or would have derived from his employment, if that is higher; (3) if the victim holds or could have held more than one employment, the indemnity is computed on the basis of the gross income he derives or would have derived from the employment or employments he becomes unable to hold. 1977, c. 68, s. 31; 1982, c. 59, s. 14; 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 31Verify source

§ 32Section 32Provision

Source excerpt

A victim meeting the listed accident-and-study incapacity conditions is entitled to an income replacement indemnity.

32. A victim who, after the scheduled date at the time of the accident for completion of his current studies, is unable, by reason of the accident, to begin or to continue the studies and unable to hold any employment is entitled to an income replacement indemnity for as long as he remains incapacitated for that reason. The indemnity is computed on the basis of a gross income equal to 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 which precedes the scheduled date of completion of his studies. 1977, c. 68, s. 32; 1982, c. 59, s. 15; 1989, c. 15, s. 1.

Section 32Verify source

§ 33Section 33Provision

Source excerpt

A victim who resumes studies may be entitled to indemnity after studies end if the accident prevents employment.

33. A victim who resumes his studies but who, by reason of the accident, is unable to hold any employment after completing or ending his current studies is entitled to an indemnity from the date of the end of his studies and for such time as he remains incapacitated for that reason. If his studies end before the scheduled date therefor at the time of the accident, the victim is entitled (1) until the date scheduled, at the time of the accident, as the date of the end of his studies, to an indemnity of (a) $5,500 for every school year not completed at the secondary level; (b) $5,500 for every term of studies not completed at the post-secondary level, up to $11,000 per year; (2) from the date scheduled as the date of the end of his studies, to the income replacement indemnity provided for in the third paragraph. If his studies end after such date, the victim is entitled to an income replacement indemnity computed on the basis of a gross income equal to an annual average established 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 which precedes the date on which his studies end. 1977, c. 68, s. 33; 1982, c. 59, s. 16; 1989, c. 15, s. 1; 1991, c. 58, s. 7.

Section 33Verify source

§ 34Section 34Provision

Source excerpt

This section defines the school year as running from 1 July to 30 June, and the elementary level as kindergarten through sixth grade.

34. For the purposes of this subdivision, (1) a school year begins on 1 July in one year and ends on 30 June in the following year; (2) the elementary level extends from kindergarten to the sixth grade. 1977, c. 68, s. 34; 1982, c. 59, s. 17; 1989, c. 15, s. 1.

Section 34Verify source

§ 35Section 35Provision

Source excerpt

A victim under 16 at the time of an accident is entitled to indemnity while the accident prevents studies from beginning or continuing, if the studies are delayed.

35. A victim who, at the time of the accident, is under 16 years of age is entitled to an indemnity for such time as, by reason of the accident, he is unable to begin or to continue his studies, if they are delayed. The right to the indemnity ceases at the end of the school year in which he reaches 16 years of age. 1977, c. 68, s. 35; 1989, c. 15, s. 1.

Section 35Verify source

§ 36Section 36Provision

Source excerpt

The indemnity is set at $3,000 for each elementary school year missed and $5,500 for each secondary school year missed.

36. The indemnity shall be in the amount of (1) $3,000 for every school year missed at the elementary level; (2) $5,500 for every school year missed at the secondary level. 1977, c. 68, s. 36; 1989, c. 15, s. 1.

Section 36Verify source

§ 36.1Section 36.1Provision

Source excerpt

A victim deprived of certain benefits because of an accident is entitled to an income replacement indemnity, subject to an age-based end point.

36.1. 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 an income replacement indemnity for such time as he is deprived of benefits by reason of the accident but not beyond the end of the school year in which he reaches 16 years of age. The indemnity to which the victim is entitled is computed on the basis of the benefits that would have been paid to him had the accident not occurred. For the purposes of this section, the benefits to which the victim would have been entitled are deemed to be his gross income. 1991, c. 58, s. 8; 1999, c. 22, s. 39; 1999, c. 40, s. 26; 1999, c. 22, s. 6.

Section 36.1Verify source

§ 37Section 37Provision

Source excerpt

A victim may be entitled to an income replacement indemnity if an accident prevents them from holding employment they had or would have had.

37. A victim who, at the time of the accident, also holds an employment or, had the accident not occurred, would have held an employment is, in addition, entitled to an income replacement indemnity if, by reason of the accident, he is unable to hold that employment. 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 but not beyond the end of the school year in which he reaches 16 years of age. The indemnity is computed in the manner set out in section 31. If the victim is entitled to both the income replacement indemnity contemplated in this section and that contemplated in section 39, he cannot receive both indemnities. He shall receive, however, the greater of the indemnities to which he is entitled. 1977, c. 68, s. 37; 1982, c. 59, s. 18; 1989, c. 15, s. 1; 1999, c. 22, s. 7.

Section 37Verify source

§ 38Section 38Provision

Source excerpt

A victim may be entitled to an income replacement indemnity if, from the end of the school year in which the victim turns 16, the victim cannot continue studies or hold any employment because of the accident.

38. A victim who, from the end of the school year in which he reaches 16 years of age, is unable to begin or to continue his studies and to hold any employment, by reason of the accident, is entitled to an income replacement indemnity for such time as he remains incapacitated for that reason. The indemnity is computed on the basis of a gross income equal to a yearly average established 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 which precedes the end of the school year during which the victim reaches 16 years of age. 1977, c. 68, s. 38; 1982, c. 59, s. 19; 1989, c. 15, s. 1.

Section 38Verify source

§ 39Section 39Provision

Source excerpt

A victim who resumes studies may be entitled to an indemnity if the accident prevents employment after studies end.

39. A victim who resumes his studies but who, by reason of the accident, is unable to hold any employment after finishing or ending his studies is entitled to an indemnity from the end of his studies and for such time as he remains incapacitated for that reason. If his studies end before the scheduled date therefor at the time of the accident, the victim is entitled (1) until the date scheduled as the date of the end of his studies, to an indemnity of (a) $3,000 for every school year not completed at the elementary level; (b) $5,500 for every school year not completed at the secondary level; (2) from the date scheduled as the date of the end of his studies, to the income replacement indemnity provided for in the third paragraph. If his studies end after the scheduled date, the victim is entitled to an income replacement indemnity computed on the basis of a gross income equal to a yearly average established 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 which precedes the date on which the studies are interrupted. 1977, c. 68, s. 39; 1982, c. 59, s. 20; 1984, c. 27, s. 39; 1989, c. 15, s. 1; 1991, c. 58, s. 9.

Section 39Verify source

§ 40Section 40Provision

Source excerpt

The victim’s income replacement indemnity is reduced at specified ages and, after age 68, is calculated under regulations.

40. The income replacement indemnity to which a victim is entitled under this chapter is reduced by 25% from the date of his sixty-fifth birthday, by 50% from the date of his sixty-sixth birthday and by 75% from the date of his sixty-seventh birthday. From the date of his sixty-eighth birthday until his death, the amount of his indemnity is determined in accordance with the computation method prescribed by regulation, according to the related rules and terms. However, where a victim is 64 years of age or over on the date of the accident, the income replacement indemnity to which he is entitled is reduced by 25% from the second year following the date of the accident, by 50% from the third year and by 75% from the fourth year following that date. The victim ceases to be entitled to his indemnity four years after the date of the accident, except where the accident occurred before the date of his sixty-fifth birthday, in which case the second paragraph applies from the fifth year following the date of the accident, with the necessary modifications. If the indemnity determined in accordance with the second paragraph is greater than the indemnity reduced by 75% in accordance with the first paragraph, it is to be paid from the date of the victim’s sixty-seventh birthday rather than from the date of his sixty-eighth birthday. 1977, c. 68, s. 40; 1989, c. 15, s. 1; 2022, c. 13, s. 2.

Section 40Verify source

§ 41Section 41Provision

Source excerpt

A victim aged 65 or over who does not hold any employment is not entitled to an income replacement indemnity if the accident date is the relevant date.

41. A victim who, on the date of the accident, is 65 years of age or over and does not hold any employment is not entitled to an income replacement indemnity. 1977, c. 68, s. 41; 1982, c. 59, s. 21; 1989, c. 15, s. 1.

Section 41Verify source

§ 42Section 42Provision

Source excerpt

A victim aged 65 or over may be entitled to an income replacement indemnity for the first 180 days after the accident, and to a different indemnity from day 181 onward, subject to section 40.

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.

Section 42Verify source

§ 42.1Section 42.1Provision

Source excerpt

42.1. The indemnity to which the victim described in subparagraph 1 of the first paragraph of section 42 is entitled is computed on the basis of the gross income derived from the employment he would have held had the accident not occurred. The indemnity to which the victim described in subparagraph 2 of the first paragraph of section 42 is entitled is computed on the basis of the benefits that would have been paid to him had the accident not occurred. For the purposes of this section, the benefits to which the victim would have been entitled are deemed to be his gross income. 1991, c. 58, s. 10; 1999, c. 22, s. 39.

Section 42.1Verify source

§ 43Section 43Repeal

Source excerpt

Section 43 is repealed.

43. (Repealed). 1977, c. 68, s. 43; 1989, c. 15, s. 1; 2022, c. 13, s. 3.

Section 43Verify source

§ 44Section 44Provision

Source excerpt

A victim who is regularly unable to hold any employment, except due to age, is not entitled to an income replacement indemnity.

44. A victim who, at the time of the accident, is regularly unable to hold any employment for any reason whatever except age is not entitled to an income replacement indemnity. 1977, c. 68, s. 44; 1989, c. 15, s. 1.

Section 44Verify source

§ 45Section 45Provision

Source excerpt

If the Société must determine a victim’s employment starting on the 181st day after an accident, it must consider the prescribed standards and the victim’s training, work experience, and physical and intellectual abilities at the date of the accident.

45. Where the Société is required, from the one hundred and eighty-first day after an accident, to determine an employment for a victim, it must take into account, in addition to the standards and terms and conditions prescribed by regulation, the training, work experience and physical and intellectual abilities of the victim on the date of the accident. The employment must be an employment which the victim could have held at the time of the accident on a regular and full-time or, failing that, part-time basis. 1977, c. 68, s. 45; 1982, c. 59, s. 23; 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 45Verify source

§ 46Section 46Provision

Source excerpt

From the third year after an accident, the Société may determine an employment a victim can hold if the victim can work but can no longer hold certain listed employments because of the accident.

46. From the third year after the date of an accident, the Société may determine an employment that could be held by a victim able to work but who, by reason of the accident, has become unable to hold (1) the employment he held at the time of the accident and which is contemplated in either section 14 or section 16; (2) an employment referred to in section 17; or (3) the employment determined for him by the Société pursuant to section 45 from the one hundred and eighty-first day after the accident. 1977, c. 68, s. 46; 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 46Verify source

§ 47Section 47Provision

Source excerpt

The Société may determine an employment for certain victims once their current studies are scheduled to end, if they can work but cannot, because of the accident, hold an employment meeting the stated gross-income comparison.

47. The Société may determine an employment for a victim contemplated in subdivisions 4 and 5 of Division I at any time from the scheduled date of the end of his current studies if the victim is able to work but unable, by reason of the accident, to hold an employment from which the gross income is equal to or greater than the gross income that would have applied to him under section 32, 33, 38 or 39, as the case may be, if he had been unable to hold any employment by reason of the accident. 1977, c. 68, s. 47; 1982, c. 59, s. 24; 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 47Verify source

§ 48Section 48Provision

Source excerpt

When the Société determines an employment under sections 46 or 47, it must consider specified factors and the job must normally be available in the victim’s region and fit the victim’s capacity for regular full-time work, or part-time if necessary.

48. In determining an employment in any case described in section 46 or 47, the Société shall take the following factors into account, in addition to the standards and terms and conditions prescribed by regulation: (1) the training, work experience and physical and intellectual abilities of the victim at the time it decides to determine an employment for him pursuant to that section; (2) where applicable, the knowledge and skills acquired by the victim through a rehabilitation program approved by the Société. The employment must be an employment which is normally available in the region where the victim resides and which he is able to hold on a regular and full-time or, failing that, part-time basis. 1977, c. 68, s. 48; 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 48Verify source

§ 49Section 49Provision

Source excerpt

A victim stops being entitled to an income replacement indemnity when listed ability, employment, income, special-rule, or death conditions are met.

49. A victim ceases to be entitled to an income replacement indemnity (1) when he becomes able to hold the employment he held at the time of the accident; (2) when he becomes able to hold the employment he would have held at the time of the accident but for particular circumstances; (3) when he becomes able to hold an employment determined for him by the Société pursuant to section 45; (4) one year after becoming able to hold an employment determined for him by the Société pursuant to section 46 or 47; (4.1) when he holds an employment from which he derives a gross income equal to or greater than the gross income on the basis of which the Société has computed the income replacement indemnity; (5) at any time fixed pursuant to a provision of Division I of this chapter different from the times provided for in paragraphs 1 to 4; or, (6) at his death. 1977, c. 68, s. 49; 1982, c. 59, s. 25; 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1991, c. 58, s. 11.

Section 49Verify source

§ 49.1Section 49.1Provision

Source excerpt

After a required examination, a victim who is no longer entitled to the income replacement indemnity they were receiving must keep receiving it until the Société makes its decision, unless the victim is entitled to that indemnity under section 49(4) or section 50 on the examination date.

49.1. Where, following an examination required by the Société under section 83.12, the victim is no longer entitled to the income replacement indemnity he was receiving on the date of the examination under section 14, 16, 17, 19, 21, 24, 26, 30, 32, 33, 37, 38, 39, 42 or 57, he shall continue to receive the indemnity until the date of the decision of the Société. However, the first paragraph does not apply where, on the date of the examination, the victim is entitled to an income replacement indemnity under paragraph 4 of section 49 or section 50. 1993, c. 56, s. 3.

Section 49.1Verify source

§ 50Section 50Provision

Source excerpt

A victim who had regular employment at the time of the accident may keep receiving the income replacement indemnity even after regaining the ability to work, if the employment was lost because of the accident.

50. Notwithstanding paragraphs 1 to 3 of section 49, a victim who, at the time of the accident, held a regular full-time or part-time employment continues to be entitled to the income replacement indemnity even when he regains the ability to hold his employment, if he lost such employment by reason of the accident. The Société shall continue to pay the indemnity to the victim after he regains the ability to hold his employment for a period of (1) 30 days if the victim’s disability lasted for not less than 90 days but not more than 180 days; (2) 90 days if the disability lasted for more than 180 days but not more than one year; (3) 180 days if the disability lasted for more than one year but not more than two years; (4) one year if the disability lasted for more than two years. Where, following an examination required under section 83.12, the victim is informed by the Société that he is no longer entitled to an income replacement indemnity, the period determined under the second paragraph only begins on the date of the Société’s decision. 1977, c. 68, s. 50; 1982, c. 59, s. 26; 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1991, c. 58, s. 12; 1999, c. 22, s. 9.

Section 50Verify source

§ 51Section 51Provision

Source excerpt

A victim’s income replacement indemnity is set at 90% of yearly net income.

51. The income replacement indemnity of a victim contemplated by this chapter is equal to 90% of his net income computed on a yearly basis. Subject to sections 40, 55 and 56, the income replacement indemnity of a victim who, at the time of the accident, held a regular full-time employment, or of a victim for whom the Société determines an employment from the one hundred and eighty-first day following the accident, in accordance with section 45, shall not be less, however, than the indemnity that would be computed on the basis of a gross annual income determined on the basis of the minimum wage as defined in section 3 of the Regulation respecting labour standards (chapter N-1.1, r. 3) and, except in the case of a part-time employment, of the regular workweek as defined in section 52 of the Act respecting labour standards (chapter N-1.1), as they read on the day on which they are applied. 1977, c. 68, s. 51; 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1991, c. 58, s. 13; 2022, c. 13, s. 4.

Section 51Verify source

§ 52Section 52Provision

Source excerpt

52. The net income of the victim is equal to his gross yearly employment income up to the amount of the Maximum Yearly Insurable Earnings less an amount equivalent to the income tax determined under the Taxation Act (chapter I‐3) and the Income Tax Act (Statutes of Canada, 1970-71-72, chapter 63), the employee’s premium determined under the Act respecting employment insurance in Canada (Statutes of Canada, 1996, chapter 23), the worker’s premium determined under the Act respecting parental insurance (chapter A‐29.011) and the contribution determined under the Act respecting the Québec Pension Plan (chapter R‐9), all of which are computed in the manner prescribed by regulation. The Acts mentioned in the first paragraph apply as they read on 1 January of the year for which the Société makes the computation of net income. 1977, c. 68, s. 52; 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1999, c. 22, s. 39; 2005, c. 1, s. 1; 2001, c. 9, s. 126.

Section 52Verify source

§ 53Section 53Provision

Source excerpt

For deductions under section 52, the Société must consider the victim’s number of dependants on the accident date.

53. For the purposes of the deductions under section 52, the Société shall take into account the number of dependants of the victim on the date of the accident. 1977, c. 68, s. 53; 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 53Verify source

§ 54Section 54Provision

Source excerpt

Sets the Maximum Yearly Insurable Earnings at $38,000 for 1989 and requires a yearly calculation method for later years, with rounding to the next highest $500.

54. For the year 1989, the amount of the Maximum Yearly Insurable Earnings is $38,000. For the year 1990 and each subsequent year, the amount of the Maximum Yearly Insurable Earnings is obtained by multiplying the Maximum for the year 1989 by the ratio between the sum of the average of weekly salaries and wages 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 amount of the Maximum Yearly Insurable Earnings is computed and the same sum for each of the 12 months preceding 1 July 1988. The amount of the Maximum Yearly Insurable Earnings shall be rounded off to the next highest $500 and is applicable for one year from 1 January of each year. For the purposes of this section, the Société shall use the data furnished by Statistics Canada on 1 October of the year preceding the year for which the amount of the Maximum Yearly Insurable Earnings is computed. If, on 1 October in any year, the data furnished by Statistics Canada are incomplete, the Société may use the data available at that time to establish the Maximum Yearly Insurable Earnings. If Statistics Canada uses a new method to determine the average of weekly salaries and wages, the Société shall adjust the computation of the amount of the Maximum Yearly Insurable Earnings in relation to the evolution of the average of weekly salaries and wages from 1 January of the year following the change of method. 1977, c. 68, s. 54; 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 54Verify source

§ 55Section 55Provision

Source excerpt

55. If the victim becomes able to hold an employment determined for him by the Société pursuant to section 46 or 47 and if, by reason of his bodily injury, he can derive from his employment only a gross income that is less than the income used by the Société as the basis for computing the income replacement indemnity he was receiving before the determination of that employment, the victim is entitled, at the expiry of the year referred to in paragraph 4 of section 49, to an income replacement indemnity equal to the difference between the indemnity he was receiving at the time the Société determined the employment for him and the net income he derives or could derive from the employment determined by the Société. 1977, c. 68, s. 55; 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1993, c. 56, s. 4.

Section 55Verify source

§ 56Section 56Provision

Source excerpt

A victim entitled to an income replacement indemnity may have it reduced if they earn employment income below the Société’s benchmark amount.

56. Where a victim who is entitled to an income replacement indemnity holds an employment providing him with a gross income less than the income used by the Société as the basis for computing his income replacement indemnity, such indemnity shall be reduced by 75% of the net income he derives from the employment. This section does not apply in the case of an indemnity reduced pursuant to section 55. 1977, c. 68, s. 56; 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 56Verify source

§ 57Section 57Provision

Source excerpt

A victim who relapses within the stated time limits receives compensation from the relapse date, with a higher indemnity paid if applicable; late relapses are treated as a second accident.

57. If a victim suffers a relapse of his bodily injury within two years from the end of his last period of disability in respect of which he was entitled to an income replacement indemnity or, if he was not entitled to such an indemnity, within two years of the accident, he shall receive compensation from the date of the relapse as though his disability resulting from the accident had not been interrupted. However, if the indemnity computed on the basis of the gross income actually earned by the victim at the time of the relapse is greater than the indemnity to which the victim would be entitled under the first paragraph, the victim shall receive the greater indemnity. If the victim suffers a relapse more than two years after the time referred to in the first paragraph, he shall receive compensation as if the relapse were a second accident. This section does not apply to a victim who suffers from catastrophic injuries or sequelae referred to in section 26.2. 1977, c. 68, s. 57; 1989, c. 15, s. 1; 2022, c. 13, s. 5.

Section 57Verify source

§ 57.1Section 57.1Provision

Source excerpt

A qualifying victim who relapses after catastrophic injuries or sequelae must receive compensation from the relapse date as if the accident-related disability had not been interrupted.

57.1. A victim who suffers from catastrophic injuries or sequelae referred to in section 26.2 and who suffers a relapse of his bodily injury shall receive compensation from the date of the relapse as though his disability resulting from the accident had not been interrupted. However, if the indemnity computed on the basis of the gross income actually earned by the victim at the time of the relapse is greater than the indemnity to which the victim would be entitled under the first paragraph, the victim shall receive the greater indemnity. 2022, c. 13, s. 6.

Section 57.1Verify source

§ 57.2Section 57.2Provision

Source excerpt

57.2. A victim who, by reason of a relapse of his bodily injury, suffers from catastrophic injuries or sequelae referred to in section 26.2 shall receive compensation in accordance with the rules set out in section 57, according to the time at which the relapse occurs. However, the victim is entitled, from the date that is 12 months after the date of the relapse, to having the income replacement indemnity to which he is entitled on that date computed on the basis of a gross income that shall not be less than the gross income equal to 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 of the relapse. 2022, c. 13, s. 6.

Section 57.2Verify source

§ 58Section 58Provision

Source excerpt

The income replacement indemnity under section 57 does not include the indemnity covered by section 55 or section 56.

58. The income replacement indemnity referred to in the first paragraph of section 57 does not include the indemnity contemplated in either section 55 or section 56. 1977, c. 68, s. 58; 1982, c. 59, s. 27; 1989, c. 15, s. 1.

Section 58Verify source

§ 59Section 59Provision

Source excerpt

A victim receiving an income replacement indemnity, except under sections 50, 55, and 56, cannot receive both indemnities after a second accident or relapse, and must receive the higher indemnity.

59. A victim receiving an income replacement indemnity, other than those under sections 50, 55 and 56, who claims such an indemnity following a second accident or a relapse cannot receive both indemnities. He shall receive, however, the greater of the indemnities to which he is entitled. 1977, c. 68, s. 59; 1989, c. 15, s. 1.

Section 59Verify source

§ 60Section 60Repeal

Source excerpt

This section defines certain terms for the chapter, including who counts as a parent of a victim and when a person is considered disabled.

60. For the purposes of this chapter, (1) (subparagraph repealed); (2) mother or father or parent of a victim includes the person who stands in place of a mother, father or parent to the victim at the time of his death; (3) a person suffering from severe and prolonged physical or mental disability is considered to be disabled. For the purposes of subparagraph 3 of the first paragraph, a disability is severe if the person is incapable regularly of pursuing any substantially gainful occupation; a disability is prolonged if it is likely to result in death or to be of indefinite duration. 1977, c. 68, s. 60; 1989, c. 15, s. 1; 1993, c. 56, s. 5; 2022, c. 22, s. 221.

Section 60Verify source

§ 61Section 61Provision

Source excerpt

For applying this chapter, a person who would have been a dependant of the victim if the victim had had employment at the time of the accident is treated as the victim’s dependant, even if the victim had no employment then.

61. For the application of this chapter, a person who would have been a dependant of the victim if the victim had had an employment at the time of the accident is deemed to be a dependant of the victim although the victim had no employment at that time. 1977, c. 68, s. 61; 1989, c. 15, s. 1; 1999, c. 40, s. 26.

Section 61Verify source

§ 62Section 62Provision

Source excerpt

If a victim dies because of an accident, compensation is payable in the form of a lump-sum death benefit and reimbursement of expenses for up to 15 hours of psychological treatment, subject to the stated regulatory conditions.

62. The death of a victim by reason of an accident gives entitlement to the following compensation: (1) the lump sum death benefit provided for in Division II; and (2) the reimbursement, to the person who is entitled to the death benefit provided for in subparagraph 1, of the expenses incurred by the person to receive up to 15 hours of psychological treatment, on the conditions and up to the maximum amounts set out for such treatment in the regulation under paragraph 15 of section 195. This section applies to the extent that the victim complies with the rules set out in sections 7 to 11. 1977, c. 68, s. 62; 1989, c. 15, s. 1; 2010, c. 34, s. 97.

Section 62Verify source

§ 63Section 63Provision

Source excerpt

The victim’s spouse is entitled to a lump sum indemnity.

63. The spouse of a victim on the date of the victim’s death is entitled to a lump sum indemnity equal to the greater of (1) the amount obtained by multiplying the gross income used in computing the income replacement indemnity to which the victim was entitled on the one hundred and eighty-first day after the accident, or would have been entitled to on that date if he had survived but had been unable to hold any employment by reason of the accident, by five; and (2) $148,605. 1977, c. 68, s. 63; 1989, c. 15, s. 1; 1993, c. 56, s. 6; 1999, c. 22, s. 10; 2022, c. 13, s. 7.

Section 63Verify source

§ 64Section 64Repeal

Source excerpt

Section 64 is repealed.

64. (Repealed). 1977, c. 68, s. 64; 1989, c. 15, s. 1; 1999, c. 22, s. 11.

Section 64Verify source

§ 65Section 65Repeal

Source excerpt

This section is repealed.

65. (Repealed). 1977, c. 68, s. 65; 1989, c. 15, s. 1; 1993, c. 56, s. 7; 1999, c. 22, s. 11.

Section 65Verify source

§ 66Section 66Provision

Source excerpt

A victim’s dependant, if not the spouse, is entitled to a lump sum indemnity set by Schedule III based on the dependant’s age. A posthumous child is treated as a dependant under one year old for this section.

66. The dependant of a victim on the date of the victim’s death, other than his spouse, is entitled to a lump sum indemnity in the amount listed in Schedule III opposite the age of the dependant on that date. For the purposes of this section, the posthumous child of the victim is deemed a dependant under one year of age. 1977, c. 68, s. 66; 1989, c. 15, s. 1; 1993, c. 56, s. 8; 1999, c. 40, s. 26.

Section 66Verify source

§ 67Section 67Provision

Source excerpt

A dependant referred to in section 66 who is disabled when the victim dies is entitled to an additional lump sum indemnity of $16,500.

67. If the dependant referred to in section 66 is disabled on the date of death of the victim, he is entitled to an additional lump sum indemnity of $16,500. 1977, c. 68, s. 67; 1989, c. 15, s. 1.

Section 67Verify source

§ 68Section 68Interpretation

Source excerpt

A dependant may be entitled to a lump-sum indemnity when the victim dies without a spouse.

68. If the victim has no spouse on the date of his death but has a dependant as defined in paragraph 3 or 4 of the definition of the word “dependant” in section 2, the dependant is entitled, in addition to an indemnity under section 66 and, as the case may be, in addition to an indemnity under section 67, to a lump sum indemnity in an amount equal to the indemnity provided for by section 63. If there is more than one dependant, the indemnity shall be divided equally among them. 1977, c. 68, s. 68; 1989, c. 15, s. 1; 1993, c. 56, s. 9; 1999, c. 22, s. 12.

Section 68Verify source

§ 68.1Section 68.1Provision

Source excerpt

68.1. (Replaced). 1982, c. 59, s. 28; 1989, c. 15, s. 1.

Section 68.1Verify source

§ 69Section 69Provision

Source excerpt

69. If the victim is a minor and has no dependants on the date of his death, his mother and father or his parents are entitled to equal shares of a lump sum indemnity of $40,000. If one of the parents is deceased, has been deprived of parental authority or has abandoned the victim, the share of that parent accrues to the other parent. If both parents are deceased, the indemnity shall be paid to the victim’s succession except where the property of the succession is to be taken by the State. If the victim is of full age and has no dependants on the date of his death, the indemnity shall be paid to his succession except where the property of the succession is to be taken by the State. 1977, c. 68, s. 69; 1989, c. 15, s. 1; 1993, c. 56, s. 10; 1999, c. 22, s. 13; 2022, c. 22, s. 222.

Section 69Verify source

§ 70Section 70Provision

Source excerpt

The succession of a victim is entitled to a lump sum indemnity for funeral expenses, with the amount set by regulation and not below $7,500.

70. The succession of a victim is entitled to a lump sum indemnity for funeral expenses, the amount of which is determined by regulation; however, such amount shall not be less than $7,500. 1977, c. 68, s. 70; 1981, c. 25, s. 12; 1982, c. 53, s. 57; 1986, c. 95, s. 16; 1987, c. 68, s. 17; 1989, c. 15, s. 1; 2022, c. 13, s. 8.

Section 70Verify source

§ 71Section 71Provision

Source excerpt

The Société may pay a dependant’s indemnity in periodic instalments for up to 20 years, if the dependant applies.

71. The Société, on the application of a dependant entitled to an indemnity under this division, may pay the indemnity over a period not exceeding 20 years, in periodic instalments corresponding to a proportion of the value of the lump sum indemnity. 1977, c. 68, s. 71; 1986, c. 95, s. 17; 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 71Verify source

§ 72Section 72Repeal

Source excerpt

Section 72 is repealed.

72. (Repealed). 1977, c. 68, s. 72; 1987, c. 68, s. 18; 1989, c. 15, s. 1; 1999, c. 22, s. 14.

Section 72Verify source

§ 73Section 73Provision

Source excerpt

A victim may be entitled to a lump-sum indemnity for non-pecuniary damage, up to $175,000, as determined by regulation.

73. For loss of enjoyment of life, pain, mental suffering and other consequences of the temporary or permanent injuries or functional or cosmetic sequelae that a victim may suffer following an accident, a victim is entitled, to the extent determined by regulation, to a lump sum indemnity not exceeding $175,000 for non-pecuniary damage. 1977, c. 68, s. 73; 1987, c. 68, s. 19; 1989, c. 15, s. 1; 1999, c. 22, s. 15.

Section 73Verify source

§ 74Section 74Provision

Source excerpt

74. No indemnity is payable if the victim dies within 24 hours after the accident. 1977, c. 68, s. 74; 1981, c. 12, s. 44; 1982, c. 53, s. 57; 1988, c. 51, s. 101; 1989, c. 15, s. 1; 1999, c. 22, s. 15.

Section 74Verify source

§ 75Section 75Provision

Source excerpt

If the victim dies more than 24 hours but within 12 months after the accident, the payable indemnity is the one fixed by regulation for bodily injury compensation.

75. If the victim dies more than 24 hours but within 12 months after the accident, the indemnity that may be paid is the indemnity fixed by regulation for the compensation of bodily injury. 1977, c. 68, s. 75; 1982, c. 59, s. 29; 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1999, c. 22, s. 15.

Section 75Verify source

§ 76Section 76Provision

Source excerpt

76. The indemnity shall be determined by the Société on the basis of the amounts in force on the date of the decision. 1977, c. 68, s. 76; 1982, c. 59, s. 29; 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1999, c. 22, s. 15.

Section 76Verify source

§ 77Section 77Provision

Source excerpt

This section is marked as replaced.

77. (Replaced). 1977, c. 68, s. 77; 1982, c. 59, s. 29; 1989, c. 15, s. 1; 1993, c. 56, s. 11; 1999, c. 22, s. 15.

Section 77Verify source

§ 78Section 78Provision

Source excerpt

Section 78 is marked as replaced.

78. (Replaced). 1977, c. 68, s. 78; 1982, c. 59, s. 29; 1989, c. 15, s. 1; 1999, c. 22, s. 15.

Section 78Verify source

§ 79Section 79Provision

Source excerpt

A victim may be entitled to reimbursement of personal home assistance expenses if the accident leaves the victim needing continuous attendance or unable to manage basic daily activities.

79. Where, by reason of the accident, a victim’s physical or mental condition warrants the continual attendance of another person or renders him unable to care for himself or perform, without assistance, the essential activities of everyday life, he is entitled to the reimbursement of expenses incurred for personal home assistance. The Société shall determine, subject to the conditions and in accordance with the computation method prescribed by regulation, the personal home assistance needs of the victim and the amount of the reimbursement. Expenses are reimbursed on presentation of vouchers up to the maximum amounts determined by regulation, which shall not, however, be less than $949 per week. In the cases and subject to the conditions prescribed by regulation, the Société may replace the reimbursement of expenses by an equivalent weekly allowance. 1977, c. 68, s. 79; 1982, c. 59, s. 29; 1989, c. 15, s. 1; 1991, c. 58, s. 14; 1999, c. 22, s. 16; 2022, c. 13, s. 9.

Section 79Verify source

§ 80Section 80Provision

Source excerpt

Eligible victims are entitled to a weekly indemnity for care expenses, subject to section 80.1.

80. Subject to section 80.1, a victim holding a part-time employment or an unemployed victim able to work whose main occupation consists, on the date of the accident and for no remuneration, in taking care of a child under 16 years of age or of a person who, for any reason whatever, is ordinarily unable to hold any employment is entitled to an indemnity for care expenses. The indemnity is a weekly payment and is determined by regulation according to the number of persons contemplated in the first paragraph. However, the amount of the indemnity shall not be less than (1) $474 where the victim has the care of one person; (2) $532 where the victim has the care of two persons; (3) $587 where the victim has the care of three persons; (4) $647 where the victim has the care of four or more persons. The victim shall receive the indemnity for as long as he is unable to care for the person contemplated in the first paragraph. During such time as the victim is so unable, the indemnity shall be adjusted, in the cases and on the conditions prescribed by regulation, according to any variation in the number of persons contemplated in the first paragraph. The adjustment or cessation of payment of the indemnity shall take effect at the end of the week during which the number of persons varied or the victim ceased to be so unable, as the case may be. 1977, c. 68, s. 80; 1982, c. 59, s. 30; 1989, c. 15, s. 1; 1991, c. 58, s. 15; 2022, c. 13, s. 10.

Section 80Verify source

§ 80.1Section 80.1Provision

Source excerpt

If the stated employment-based condition is met, the victim cannot receive both indemnities and must receive the income replacement indemnity for as long as the situation continues.

80.1. If, by reason of full-time or temporary employment the victim would have held, section 80 and subparagraph 1 of section 24 apply, the victim cannot receive both indemnities but shall receive the income replacement indemnity for as long as the situation prevails. However, during that period, section 83 applies to the victim on the conditions set forth therein. 1991, c. 58, s. 16.

Section 80.1Verify source

§ 81Section 81Repeal

Source excerpt

Section 81 is repealed.

81. (Repealed). 1977, c. 68, s. 81; 1982, c. 59, s. 30; 1989, c. 15, s. 1; 1991, c. 58, s. 17.

Section 81Verify source

§ 82Section 82Provision

Source excerpt

From the 181st day after the accident, the victim in section 80 may choose one of two indemnities. The Société must provide the victim with the assistance and information needed to make an informed choice before that day.

82. From the one hundred and eighty-first day following his accident, the victim contemplated in section 80 may, at any time he considers appropriate, elect one of the following indemnities: (1) the same indemnity as he is already receiving under section 80; (2) an income replacement indemnity granted under section 26 to an unemployed victim who is able to work. The Société shall, before the one hundred and eighty-first day following the accident, provide the victim with the assistance and information necessary to make an enlightened choice. 1977, c. 68, s. 82; 1982, c. 59, s. 30; 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 82Verify source

§ 83Section 83Provision

Source excerpt

83. A victim who, by reason of the accident, has become unable to care for a child under 16 years of age or for a person ordinarily unable, for any reason whatever, to hold any employment is entitled, if the victim is not already receiving an indemnity under section 80, to the reimbursement of expenses incurred for the care of that child or person. Entitlement to the reimbursement is maintained when the victim regains the ability to care for the child or person but cannot do so for a time because the victim must (1) receive medical or paramedical care; or (2) undergo an examination by a health professional, as required by the Société. The expenses shall be reimbursed according to the number of persons contemplated in the first paragraph, on a weekly basis and on presentation of vouchers, up to the maximum amounts determined by regulation, which shall not, however, be less than (1) $330 where the victim has the care of one person; (2) $360 where the victim has the care of two persons; (3) $410 where the victim has the care of three or more persons. The expenses shall be reimbursed for such time as the victim remains unable to care for the person contemplated in the first paragraph. For such time as the victim is so unable, the reimbursement of expenses shall be adjusted, in the cases and on the conditions prescribed by regulation, according to any variation in the number of persons contemplated in the first paragraph. However, where the victim has a spouse, the victim cannot receive the reimbursement of his expenses unless his spouse, by reason of illness, disability or absence for the purposes of work or studies is also unable to care for the person contemplated in the first paragraph. 1977, c. 68, s. 83; 1982, c. 59, s. 30; 1989, c. 15, s. 1; 1991, c. 58, s. 18; 1999, c. 22, s. 17; 2022, c. 13, s. 11.

Section 83Verify source

§ 83.1Section 83.1Provision

Source excerpt

A qualifying victim may be reimbursed for replacement workforce expenses after an accident.

83.1. A victim working at the time of the accident without pay in a family enterprise who is unable to perform his regular duties by reason of the accident is entitled to the reimbursement of his expenses during the 180 days after the accident to cover the cost of workforce required to perform those duties in his place. Such expenses of up to $500 weekly shall be reimbursed on the presentation of vouchers. 1989, c. 15, s. 1; 2007, c. 3, s. 72.

Section 83.1Verify source

§ 83.2Section 83.2Provision

Source excerpt

83.2. A victim is entitled, in the cases and on the conditions prescribed by regulation, to the extent that they are not already covered by a social security scheme, to the reimbursement of his expenses incurred by reason of the accident (1) for medical and paramedical care; (2) for transportation and lodging for the purpose of receiving such care; (3) for the purchase of prostheses or orthopedic devices; (4) for the cleaning, repair or replacement of clothing he was wearing and which was damaged. The victim is also entitled, in the cases and on the conditions prescribed by regulation, to the reimbursement of any other expenses determined by regulation of the Société. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.2Verify source

§ 83.3Section 83.3Provision

Source excerpt

A person who pays certain expenses for a victim may be reimbursed under section 83.2.

83.3. A person who pays any of the expenses referred to in section 83.2 on behalf of a victim is entitled to the reimbursement of the expenses as provided in that section. 1989, c. 15, s. 1.

Section 83.3Verify source

§ 83.4Section 83.4Provision

Source excerpt

A social security scheme may not exclude expenses incurred by or on behalf of a victim from coverage.

83.4. No social security scheme may exclude expenses incurred by or on behalf of a victim from its coverage. 1989, c. 15, s. 1.

Section 83.4Verify source

§ 83.5Section 83.5Provision

Source excerpt

Certain victims, and some accompanying persons, are entitled to reimbursement or allowances when examinations or medical care are required by the Société.

83.5. A victim who undergoes an examination as required by the Société is entitled to the reimbursement of lodging and transportation expenses. As well, a victim who must be absent from work for a time to receive medical or paramedical care by reason of the accident or to undergo an examination as required by the Société is entitled to an indemnity for any resulting loss of salary. A person who accompanies a victim whose physical or mental condition or age so requires when the victim must receive medical or paramedical care or undergo an examination as required by the Société is entitled to an availability allowance. The person is also entitled to the reimbursement of lodging and transportation expenses. The payment of the allowance and of the indemnity and the reimbursement of lodging and transportation expenses shall be made in the cases and subject to the conditions prescribed by regulation. 1989, c. 15, s. 1; 1999, c. 22, s. 18.

Section 83.5Verify source

§ 83.6Section 83.6Provision

Source excerpt

Expenses in this subdivision must be reimbursed when vouchers are presented.

83.6. The expenses contemplated in this subdivision shall be reimbursed on the presentation of vouchers. 1989, c. 15, s. 1.

Section 83.6Verify source

§ 83.7Section 83.7Provision

Source excerpt

The Société may take necessary measures to help rehabilitate a victim, reduce or cure disability from bodily injury, and support return to normal life, society, or the labour market.

83.7. The Société may take any necessary measures to contribute to the rehabilitation of a victim, to lessen or cure any disability resulting from bodily injury and to facilitate his return to a normal life or his reintegration into society or the labour market. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.7Verify source

§ 83.8Section 83.8Provision

Source excerpt

For this chapter, a member of a professional order designated by regulation of the Société is treated as a health professional.

83.8. For the purposes of this chapter, a member of a professional order designated by a regulation of the Société is a health professional. 1989, c. 15, s. 1; 1999, c. 22, s. 19.

Section 83.8Verify source

§ 83.9Section 83.9Provision

Source excerpt

A person applying to the Société for compensation must use a Société-provided form and follow the rules set by regulation.

83.9. A person applying to the Société for compensation must do so on a form provided by the Société and in accordance with the rules it determines by regulation. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.9Verify source

§ 83.10Section 83.10Provision

Source excerpt

An employer must give the Société an attestation of an employee’s salary within six days after the Société requests it, if that employee has applied to the Société for compensation.

83.10. Every employer shall, at the request of the Société, furnish to it within the following six days an attestation of the salary of any of his employees who applies to the Société for compensation. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.10Verify source

§ 83.11Section 83.11Provision

Source excerpt

A compensation applicant must undergo an examination when the Société requests it, and the Société must pay for it.

83.11. A person who applies for compensation shall, at the request of the Société and at its expense, undergo an examination to be administered by the health professional of his choice. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.11Verify source

§ 83.12Section 83.12Provision

Source excerpt

The Société may, when it considers it necessary, require a person to be examined by a health professional it selects from a consulted list.

83.12. The Société, where it considers it necessary, may, at its own expense, require a person to be examined by a health professional chosen by the Société from a list of professionals drawn up after consultation with the professional orders concerned. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1999, c. 22, s. 20.

Section 83.12Verify source

§ 83.13Section 83.13Repeal

Source excerpt

Section 83.13 is repealed.

83.13. (Repealed). 1989, c. 15, s. 1; 1999, c. 22, s. 21.

Section 83.13Verify source

§ 83.14Section 83.14Provision

Source excerpt

A health professional examining a victim at the Société’s request must report on the victim’s condition and any other matter for which the examination was required. The Société must then send a copy of that report to a health professional chosen by the person examined.

83.14. The health professional who examines a victim at the request of the Société shall make a report to the Société on the condition of the victim and on any other matter for which the examination was required. The Société shall, on receiving the report, transmit a copy to any health professional designated by the person who underwent the examination referred to in the first paragraph. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.14Verify source

§ 83.15Section 83.15Provision

Source excerpt

On request by the Société, specified institutions and certain health professionals must provide a report of findings, treatment, and recommendations.

83.15. Every institution within the meaning of the Act respecting the governance of the health and social services system (chapter G-1.021), within the meaning of the Act respecting health services and social services for the Inuit and Naskapi (chapter S-4.2) or within the meaning of the Act respecting health services and social services for Cree Native persons (chapter S-5) and every health professional having treated a person or having been consulted by a person following an accident shall, at the request of the Société, make a report of its or his findings, treatment and recommendations to the Société. The report must be transmitted within six days following the request of the Société. Any other report required by the Société in respect of that person must be transmitted within the same time limit. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1992, c. 21, s. 88, s. 375; 1994, c. 23, s. 23; 2005, c. 32, s. 235; 2023, c. 5, s. 195; 2023, c. 34, s. 895.

Section 83.15Verify source

§ 83.16Section 83.16Provision

Source excerpt

A compensation claimant must notify the Société without delay of any change in their situation that affects entitlement or the amount of the indemnity.

83.16. Every person who applies for compensation must notify the Société without delay of any change in his situation affecting his right to an indemnity or which may affect the amount of such indemnity. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.16Verify source

§ 83.17Section 83.17Provision

Source excerpt

A person must give the Société any relevant information required for the Act, or the authorizations needed to obtain it, and must provide proof of facts establishing entitlement to compensation.

83.17. A person must furnish to the Société any relevant information required for the purposes of this Act or give the authorizations that are necessary to obtain it. A person must furnish to the Société the proof of any fact establishing his entitlement to compensation. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.17Verify source

§ 83.18Section 83.18Provision

Source excerpt

The Société may authorize required filers to send notices, reports, statements, or other documents by magnetic medium or electronic system, subject to conditions set by regulation.

83.18. The Société may, on the conditions it determines by regulation, authorize a person required to transmit a notice, report, statement or other document to send it by means of a magnetic medium or electronic system. A written transcription of the data contemplated in the first paragraph must reproduce such data faithfully. The transcription, where certified by an officer authorized in accordance with section 15 of the Act respecting the Société de l’assurance automobile du Québec (chapter S-11.011), is proof of its contents. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.18Verify source

§ 83.19Section 83.19Provision

Source excerpt

A written transcription of data stored by the Société in a computer or other magnetic medium counts as a document of the Société, if an authorized officer certifies it under section 15.

83.19. An intelligible transcription in writing of the data stored by the Société in a computer or on any other magnetic medium is a document of the Société and is proof of its contents where such transcription is certified by an authorized officer in accordance with section 15 of the Act respecting the Société de l’assurance automobile du Québec (chapter S-11.011). 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.19Verify source

§ 83.20Section 83.20Provision

Source excerpt

An income replacement indemnity must be paid as a pension every 14 days, but it is not due until the seventh day after the accident except as provided in section 57.

83.20. An income replacement indemnity shall be paid in the form of a pension once every 14 days. The indemnity is not due until the seventh day following the date of the accident, except in the case provided for in the third paragraph of section 57. The indemnity granted to a person contemplated in section 80 shall be paid once every 14 days. The indemnity granted under section 28 or 35 shall be paid at the end of the term or school year that the student misses by reason of the accident. Except for the income replacement indemnity, the indemnity granted to a person contemplated in section 33 or 39 shall be paid at the end of the uncompleted term or school year. 1989, c. 15, s. 1.

Section 83.20Verify source

§ 83.21Section 83.21Provision

Source excerpt

The Société may pay an indemnity before deciding entitlement if the application appears prima facie well founded.

83.21. On receiving an application for compensation, the Société may pay an indemnity even before rendering its decision on entitlement to the indemnity if it is of the opinion that the application appears prima facie to be well founded. Notwithstanding section 83.50, if the Société subsequently dismisses the application or grants it only in part, the amount already paid shall not be recoverable unless it was obtained through fraud. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.21Verify source

§ 83.22Section 83.22Provision

Source excerpt

The Société may pay an income replacement indemnity as a single payment if the listed conditions are met, but it may not do so for a person covered by section 105.1 of the Québec Pension Plan Act.

83.22. The Société may pay an income replacement indemnity in a single payment, the amount of which shall be computed in accordance with the rules, conditions and method prescribed by regulation, where (1) the amount to be paid once every 14 days is less than $100; (2) the person entitled to the indemnity was not resident in Québec on the date of the accident and has not been resident therein since that date; (3) the person entitled to the indemnity was resident in Québec on the date of the accident or has been resident therein since that date but, at the time of the application for capitalization, has not been resident in Québec for at least three years. An income replacement indemnity may not be paid in a single payment if the person who is entitled to it is a person to whom section 105.1 of the Act respecting the Québec Pension Plan (chapter R-9) applies. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1993, c. 56, s. 12; 1995, c. 55, s. 4; 1999, c. 22, s. 22.

Section 83.22Verify source

§ 83.22.1Section 83.22.1Provision

Source excerpt

If the victim does not object, the Société may pay a low income replacement indemnity every six months instead of every 14 days.

83.22.1. Unless notice to the contrary is given by the victim, where the amount of the income replacement indemnity to be paid once every 14 days is less than $30, the indemnity may be paid by the Société semi-annually (1) in the month of June, for indemnities payable for the months of January to June; and (2) in the month of December, for indemnities payable for the months of July to December. 2022, c. 13, s. 12.

Section 83.22.1Verify source

§ 83.23Section 83.23Repeal

Source excerpt

This section is repealed.

83.23. (Repealed). 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1993, c. 56, s. 13.

Section 83.23Verify source

§ 83.24Section 83.24Provision

Source excerpt

The Société may appoint staff as inspectors, and inspectors may require suppliers to provide relevant information or documents and copies.

83.24. The expenses referred to in sections 79, 83, 83.1, 83.2 and 83.7 and the cost of the expert report referred to in section 83.31 may, at the request of the victim, be paid directly to the suppliers. The Société may appoint any member of its staff to act as an inspector responsible for verifying, with suppliers, the accuracy of the costs and supply of goods delivered or services rendered to the victim by reason of the accident. An inspector may require the supplier to communicate any information or documents relevant to the carrying out of his assignment including books, accounts, registers or files, and make copies thereof. Every person who has the custody, possession or charge of such books, registers, accounts, files or other documents must, on request, furnish them to the inspector and facilitate his examination of them. No person shall hinder the work of an inspector, mislead him by concealment or false information or refuse to supply information or a document he is entitled to require or to examine. 1989, c. 15, s. 1; 1993, c. 56, s. 14; 2022, c. 13, s. 13.

Section 83.24Verify source

§ 83.25Section 83.25Provision

Source excerpt

If an indemnity is still unpaid when the entitled person dies, it must be paid to that person’s succession.

83.25. Any unpaid indemnity on the date of death of the person entitled thereto shall be paid to his succession. 1989, c. 15, s. 1.

Section 83.25Verify source

§ 83.26Section 83.26Provision

Source excerpt

An application for review or a proceeding before the Administrative Tribunal of Québec does not stop payment of an indemnity.

83.26. An application for review or a proceeding brought before the Administrative Tribunal of Québec does not suspend the payment of an indemnity. 1989, c. 15, s. 1; 1997, c. 43, s. 39.

Section 83.26Verify source

§ 83.27Section 83.27Provision

Source excerpt

83.27. Where a person entitled to compensation is under legal incapacity, the Société shall pay the indemnity to his tutor or mandatary, as the case may be, or, if none, to the person it designates; the designated person has the powers and duties of a tutor. The Société shall notify the Public Curator of any payment it makes pursuant to the first paragraph, except a payment to a mandatary. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 2020, c. 11, s. 172.

Section 83.27Verify source

§ 83.28Section 83.28Provision

Source excerpt

Income replacement indemnities are treated like salary and can be seized only for support debts; other indemnities under this title are unseizable. The Société must deduct and remit certain amounts when requested by specified authorities.

83.28. Income replacement indemnities are deemed to be the salary of the person receiving them and are seizable as a debt for support in accordance with articles 694 and following of the Code of Civil Procedure (chapter C-25.01), adapted as required. Such indemnities are unseizable in respect of any other debt. Every other indemnity paid under this title is unseizable. The Société shall, at the request of the Minister of Employment and Social Solidarity, deduct from the indemnities payable to a person under this Act the amount repayable under section 90 of the Individual and Family Assistance Act (chapter A-13.1.1). The Société shall remit the deducted amount to the Minister of Employment and Social Solidarity. The Société shall also, at the request of Retraite Québec, deduct from the income replacement indemnity payable to a person under this Act the amount of disability pension or retirement pension which was paid to such person under the Act respecting the Québec Pension Plan (chapter R-9) but which should not have been paid by reason of section 105.1 or 106.3 of the said Act. The Société shall remit the deducted amount to Retraite Québec. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1992, c. 44, s. 81; 1994, c. 12, s. 67; 1995, c. 55, s. 5; 1997, c. 63, s. 128; 1997, c. 73, s. 89; 1998, c. 36, s. 166; 2001, c. 44, s. 30; 2005, c. 15, s. 141; 2015, c. 20, s. 61; I.N. 2016-01-01 (NCCP).

Section 83.28Verify source

§ 83.29Section 83.29Provision

Source excerpt

The Société may stop, reduce, or end compensation or indemnity payments if the claimant or other person provides false information, fails to provide required information or authorization, refuses suitable work, interferes with required examinations, does not follow recommended treatment or rehabilitation, or hinders recovery without valid reason.

83.29. The Société may refuse to pay compensation, reduce the amount of an indemnity or interrupt or terminate its payment (1) where the claimant (a) deliberately produces false or inaccurate information; (b) refuses or neglects to produce any information required by the Société or to give the authorization necessary for obtaining it; (2) where the person, without valid reason, (a) refuses a new employment, refuses to return to his former employment or leaves an employment that he could continue to hold; (b) interferes with an examination required by the Société or neglects or refuses to undergo such an examination; (c) does not follow the recommended medical or paramedical treatment or is not available for or refuses such treatment; (d) prevents or delays his recovery by his action or activities; (e) does not follow the rehabilitation program put at his disposal by the Société under section 83.7 or is not available for or refuses such program. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.29Verify source

§ 83.30Section 83.30Offence

Source excerpt

The Société must reduce a victim’s income replacement indemnity by set percentages when the victim is committed, imprisoned, or detained because of specified offences.

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 the governance of the health and social services system (chapter G-1.021) or the Act respecting health services and social services for the Inuit and Naskapi (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; 2023, c. 34, s. 896.

Section 83.30Verify source

§ 83.31Section 83.31Provision

Source excerpt

A person whose reconsideration, review, or Tribunal proceeding is allowed, and who filed a qualifying written expert report from a health professional, is entitled to reimbursement of that report’s cost.

83.31. A person whose application for reconsideration, application for review or proceeding before the Administrative Tribunal of Québec is allowed and who has filed, in support of his application, a written expert report from a health professional within the meaning of section 83.8 is entitled to reimbursement of the cost of that report, up to the amount established by regulation. 1989, c. 15, s. 1; 1997, c. 43, s. 40; I.N. 2016-01-01 (NCCP); 2022, c. 13, s. 14.

Section 83.31Verify source

§ 83.32Section 83.32Provision

Source excerpt

If entitlement to an indemnity is later recognized or the indemnity amount is increased, the Société must order interest to be paid.

83.32. Where, following an application for review or a proceeding brought before the Administrative Tribunal of Québec, the Société or the Tribunal recognizes a person’s entitlement to an indemnity that was formerly denied or increases the amount of an indemnity, the Société shall order, in every case, that the person be paid interest computed from the date of the decision refusing to recognize entitlement to an indemnity or refusing to increase the amount of an indemnity, as the case may be. Other cases requiring the payment of interest by the Société may be prescribed by regulation. The applicable interest rate is the rate fixed under the second paragraph of section 28 of the Tax Administration Act (chapter A-6.002). 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1993, c. 56, s. 16; 1997, c. 43, s. 41; 1999, c. 22, s. 23; 2010, c. 31, s. 175.

Section 83.32Verify source

§ 83.33Section 83.33Provision

Source excerpt

The gross annual income used to compute the income replacement indemnity must be revalorized every year on the anniversary of the accident.

83.33. The amount of the gross annual income used as the basis for computing the income replacement indemnity shall be revalorized each year, on the anniversary of the accident. The amount of the gross annual income fixed by the Société for the employment determined pursuant to section 45, 46 or 47 shall be revalorized each year on that date. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1993, c. 56, s. 17.

Section 83.33Verify source

§ 83.34Section 83.34Provision

Source excerpt

83.34. All amounts of money listed in Schedule III or referred to in this title shall be revalorized on 1 January each year. The indemnity amounts prescribed by a regulation under this title shall also be revalorized on 1 January each year, unless a mechanism for updating the amounts is already provided for in the regulation or the amounts are prescribed under a rate external to the Société. 1989, c. 15, s. 1; 1999, c. 22, s. 24; 2022, c. 13, s. 15.

Section 83.34Verify source

§ 83.35Section 83.35Provision

Source excerpt

83.35. The revalorization is made by multiplying the amount to be revalorized by the ratio between the Consumer Price Index for the current year and that for the preceding year. 1989, c. 15, s. 1.

Section 83.35Verify source

§ 83.36Section 83.36Provision

Source excerpt

The yearly Consumer Price Index is the average of the monthly Consumer Price Index in Canada for the relevant 12-month period. If Statistics Canada’s data are incomplete on 1 December, the Société may use the available data. If Statistics Canada changes its method, the Société must adjust the revalorization computation starting 1 January of the following year.

83.36. The Consumer Price Index for a year is the yearly average computed on the basis of the monthly Consumer Price Index in Canada established by Statistics Canada for the 12 months preceding 1 November of the year preceding the year for which the Index is computed. If, on 1 December of a year, the data furnished by Statistics Canada are incomplete, the Société may use the data available at that time to establish the Consumer Price Index. If Statistics Canada uses a new method to compute the monthly Consumer Price Index, the Société shall modify the computation of the revalorization according to the change in the monthly Consumer Price Index from 1 January of the year following the change of method. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.36Verify source

§ 83.37Section 83.37Provision

Source excerpt

83.37. If the yearly average computed on the basis of the monthly Consumer Price Index includes more than one decimal, only the first digit is retained and it is increased by one unit if the second digit is greater than 4. 1989, c. 15, s.

Section 83.37Verify source

§ 83.38Section 83.38Provision

Source excerpt

If the Consumer Price Index ratio for the current year over the preceding year has more than three decimals, keep only the first three digits and round the third digit up when the fourth digit is greater than 4.

83.38. If the ratio between the Consumer Price Index for the current year and that for the preceding year includes more than three decimals, only the first three digits are retained and the third digit is increased by one unit if the fourth digit is greater than 4. 1989, c. 15, s. 1.

Section 83.38Verify source

§ 83.39Section 83.39Provision

Source excerpt

83.39. The amount obtained through revalorization is rounded off to the nearest dollar. 1989, c. 15, s. 1.

Section 83.39Verify source

§ 83.40Section 83.40Provision

Source excerpt

A pension paid under a private insurance scheme must not be reduced because the gross annual income used to calculate an income replacement indemnity is revalorized.

83.40. The amount of a pension paid under a private insurance scheme shall in no way be diminished by reason of the revalorization of the gross annual income used as the basis for computing an income replacement indemnity. 1989, c. 15, s. 1.

Section 83.40Verify source

§ 83.41Section 83.41Provision

Source excerpt

Subject to sections 83.49 and 83.67, the Société has exclusive jurisdiction over compensation matters under this title and may delegate its powers to designated officers.

83.41. Subject to sections 83.49 and 83.67, the Société has exclusive jurisdiction to examine and decide any matter related to compensation under this title. For that purpose, the Société may delegate its powers to one or several of its officers whom it designates. The members of the Société and the officers so designated are vested with the powers and immunity of commissioners appointed under the Act respecting public inquiry commissions (chapter C-37), except the power to order imprisonment. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1997, c. 43, s. 43.

Section 83.41Verify source

§ 83.42Section 83.42Provision

Source excerpt

The Société may make regulations establishing procedure rules for examining matters within its jurisdiction.

83.42. The Société may by regulation establish the rules of procedure applicable to the examination of matters over which it has jurisdiction. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1997, c. 43, s. 44.

Section 83.42Verify source

§ 83.43Section 83.43Provision

Source excerpt

83.43. A decision must give reasons and be transmitted in writing to the interested person. If the decision is rendered by an officer, he shall, when transmitting his decision, inform the interested person that he may apply for a review, except in the case of a decision granting a maximum indemnity or the full reimbursement of expenses to which such person is entitled. The officer shall also inform the person that he may contest the decision before the Administrative Tribunal of Québec, subject to the conditions set out in the second paragraph of section 83.49. If the decision is rendered by the Société, it shall, when transmitting its decision, inform the interested person that he may contest the decision before the Administrative Tribunal of Québec, except in the case of a decision granting a maximum indemnity or the full reimbursement of expenses to which such person is entitled. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1997, c. 43, s. 45; 2005, c. 17, s. 33.

Section 83.43Verify source

§ 83.44Section 83.44Provision

Source excerpt

The Société may render a new decision at any time if a change affects the person’s right to an indemnity or may affect the indemnity amount.

83.44. The Société may, at any time, render a new decision if a change affecting the right of the person concerned to an indemnity or likely to have repercussions on the amount of an indemnity occurs. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1991, c. 58, s. 19.

Section 83.44Verify source

§ 83.44.1Section 83.44.1Provision

Source excerpt

83.44.1. So long as no application for review has been presented and no proceeding brought before the Administrative Tribunal of Québec in respect of a decision, the Société may, on its own motion or at the request of an interested person, reconsider the decision (1) if the decision was rendered before an essential fact became known, or was based on an error pertaining to an essential fact; (2) where a substantive or procedural defect is likely to invalidate the decision; (3) if the decision contains an error in writing, mistakes in calculation or any other clerical error. The new decision replaces the initial decision which ceases to be effective and the provisions of Division II apply where expedient. 1991, c. 58, s. 19; 1997, c. 43, s. 46.

Section 83.44.1Verify source

§ 83.44.2Section 83.44.2Provision

Source excerpt

A decision on reimbursement of expenses is limited to its own subject matter and cannot be treated as recognizing entitlement to any other indemnity.

83.44.2. A decision concerning the reimbursement of expenses under Division I of Chapter V has effect only in respect of the subject-matter of the decision and shall not be construed as a recognition of entitlement to any other indemnity. 1999, c. 22, s. 25.

Section 83.44.2Verify source

§ 83.45Section 83.45Provision

Source excerpt

A person who believes they were wronged by an officer’s decision may apply in writing to the Société for review within 60 days, except in certain indemnity or expense reimbursement cases.

83.45. Except in the case of a decision granting a maximum indemnity or the full reimbursement of expenses to which he is entitled, a person who believes he has been wronged by a decision rendered by an officer may, within 60 days of notification of the decision, apply in writing to the Société for a review of the decision. The application must mention the main grounds on which it is based. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1997, c. 43, s. 48.

Section 83.45Verify source

§ 83.46Section 83.46Provision

Source excerpt

The Société may allow late action after the time set in section 83.45 if the person could not act sooner for serious and valid reasons.

83.46. The Société may allow a person to act after the expiry of the time prescribed in section 83.45 if the person was unable, for serious and valid reasons, to act sooner. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1999, c. 22, s. 26.

Section 83.46Verify source

§ 83.47Section 83.47Amendment

Source excerpt

The Société may review a decision on application and may grant, quantify, or refuse an indemnity under this title.

83.47. The Société may, where an application for review is submitted to it, confirm, quash or amend the decision. The Société may also grant an indemnity and determine the amount thereof or decide that no indemnity is payable under this title. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1997, c. 43, s. 49.

Section 83.47Verify source

§ 83.48Section 83.48Provision

Source excerpt

An officer reviewing a decision must give reasons, send the decision in writing to the interested person, and inform the person about contesting it before the Administrative Tribunal of Québec, except in specified reimbursement/indemnity cases.

83.48. A decision rendered in review by an officer must give reasons and be transmitted in writing to the interested person. The officer, when transmitting his decision, shall inform the person that he may contest the decision before the Administrative Tribunal of Québec, except in the case of a decision granting a maximum indemnity or the full reimbursement of expenses to which such person is entitled. 1989, c. 15, s. 1; 1997, c. 43, s. 50.

Section 83.48Verify source

§ 83.49Section 83.49Provision

Source excerpt

A person who says they were wronged by a Société decision may contest it before the Administrative Tribunal of Québec within 60 days, with stated exceptions.

83.49. A person who believes he has been wronged by a decision rendered by the Société or by a decision rendered after a review may, within 60 days of notification of the decision, contest the decision before the Administrative Tribunal of Québec, except in the case of a decision granting a maximum indemnity or the full reimbursement of expenses to which such person is entitled. Moreover, a person may contest before the Tribunal the decision whose review the person applied for if the Société does not make a decision within 90 days after the receipt of the application, subject to the following: (1) if the person who applied for the review requested more time to present observations or produce documents, the 90-day time limit runs from the time observations are presented or documents are produced; and (2) if the Société considers it necessary, to allow it to make a decision, that an examination be conducted by a health professional or that documents be produced, the time limit is extended for 90 days; the person who applied for the review must be notified of the extension. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1997, c. 43, s. 51; 2005, c. 17, s. 34.

Section 83.49Verify source

§ 83.50Section 83.50Provision

Source excerpt

A person who received an overpaid or non-entitled indemnity must repay the excess to the Société.

83.50. A person who has received an indemnity to which he is not entitled or the amount of which exceeds that to which he is entitled shall reimburse the amount received in excess to the Société. The Société may recover the amount of the debt within three years of payment of the indemnity. The Société may also cancel the debt if it considers that the amount is unrecoverable under the circumstances or deduct, in the manner determined by regulation, the amount of the debt from any sum due to the debtor by the Société. The Société may make a deduction pursuant to the third paragraph notwithstanding an application for review or proceeding brought before the Administrative Tribunal of Québec by a debtor. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1997, c. 43, s. 52.

Section 83.50Verify source

§ 83.51Section 83.51Provision

Source excerpt

If the Société or the Tribunal cancels or reduces an indemnity after a review application or Tribunal proceeding, sums already paid are generally not recoverable.

83.51. Notwithstanding section 83.50, if, following an application for review or a proceeding brought before the Administrative Tribunal of Québec, the Société or the Tribunal renders a decision which cancels an indemnity or reduces its amount, the sums already paid are not recoverable unless they were obtained through fraud or unless the application for review or the proceeding brought before the Tribunal pertains to a decision rendered pursuant to section 83.50. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1997, c. 43, s. 53.

Section 83.51Verify source

§ 83.52Section 83.52Provision

Source excerpt

If the Société reconsiders a decision for certain fact-based or defect reasons, a sum already paid is generally not recoverable unless it was obtained by fraud.

83.52. Notwithstanding section 83.50, where a decision is reconsidered by the Société because it was rendered before an essential fact became known or was based on an error pertaining to an essential fact, or because it contains a substantive or procedural defect which is likely to invalidate it, the sum already paid shall not be recoverable unless it was obtained through fraud. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1991, c. 58, s. 20.

Section 83.52Verify source

§ 83.53Section 83.53Provision

Source excerpt

If a person blocks the Société from exercising its subrogated recourse, that person must reimburse the indemnity received from the Société.

83.53. A person who, contrary to the second paragraph of section 83.59, prevents the Société from exercising its recourse as subrogee is required to reimburse the indemnity received from the Société. The Société may recover the amount of the debt within three years of the action preventing the Société from acting as subrogee. The Société may also cancel the debt if it considers that the amount is unrecoverable under the circumstances. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.53Verify source

§ 83.54Section 83.54Provision

Source excerpt

The Société must put the debtor in default by a decision that states the amount and reasons why the debt is exigible.

83.54. The Société shall put the debtor in default by a decision stating the amount and reasons for the exigibility of the debt. The decision interrupts prescription as provided in section 83.50, 83.53 or 83.61, as the case may be. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.54Verify source

§ 83.55Section 83.55Provision

Source excerpt

If a debt in this division is not recovered or cancelled, the Société may issue a certificate about the debtor’s failure to appeal or the maintaining of the decision, and about the debt being due.

83.55. Where a debt referred to in this division is not recovered or cancelled, the Société may issue a certificate (1) attesting the failure of the debtor to appeal from the decision rendered under section 83.54 or confirming the decision of the Commission des affaires sociales maintaining the decision, as the case may be; (2) attesting the exigibility of the debt and the amount due. The certificate is proof of the exigibility of the debt. It may be issued by the Société at any time after the end of the time allotted to apply for a review of the decision or to contest the decision or after the decision of the Administrative Tribunal of Québec. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1997, c. 43, s. 54.

Section 83.55Verify source

§ 83.56Section 83.56Provision

Source excerpt

Once the certificate is filed in the office of the competent court, the decision becomes enforceable as though it were a final, unappealable court decision.

83.56. From the filing of the certificate in the office of the court of competent jurisdiction, the decision of the Société or of the Administrative Tribunal of Québec becomes executory as if it were a final decision without appeal of such court and has all the effects of such a decision. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1997, c. 43, s. 55.

Section 83.56Verify source

§ 83.57Section 83.57Offence

Source excerpt

83.57. Compensation under this title stands in lieu of all rights and remedies by reason of bodily injury and no action in that respect shall be admitted before any court of justice. Subject to sections 83.63 and 83.64, where bodily injury was caused by an automobile, the benefits or pecuniary benefits provided for the compensation of such injury by the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Act to promote good citizenship (chapter C-20) or the Act to assist persons who are victims of criminal offences and to facilitate their recovery (chapter P-9.2.1) stand in lieu of all rights and remedies by reason of such bodily injury and no action in that respect shall be admitted before any court of justice. 1989, c. 15, s. 1; 2021, c. 13, s. 174.

Section 83.57Verify source

§ 83.58Section 83.58Provision

Source excerpt

This section says the division does not limit a person's right to claim indemnity under a private insurance scheme, even if that person was at fault.

83.58. Nothing in this division limits the right of a person to claim an indemnity under a private insurance scheme, regardless of who is at fault. 1989, c. 15, s. 1.

Section 83.58Verify source

§ 83.59Section 83.59Provision

Source excerpt

A person entitled to compensation for an accident outside Québec may still use the compensation and keep a remedy for any excess under the place-of-accident law.

83.59. A person entitled to compensation under this title by reason of an accident that occurred outside Québec may benefit by the compensation while retaining his remedy with regard to any compensation in excess thereof under the law of the place where the accident occurred. No person who exercises such remedy may, unless authorized by the Société, prevent the Société from exercising its remedy as subrogee pursuant to section 83.60. The Société is released from its obligation toward a person who prevents it from exercising that remedy. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.59Verify source

§ 83.60Section 83.60Provision

Source excerpt

If the Société compensates someone for an accident outside Québec, it can recover the amounts it must pay from certain non-residents and other liable persons.

83.60. Notwithstanding section 83.57, where the Société compensates a person by reason of an accident that occurred outside Québec, it is subrogated to the person’s rights and is entitled to recover the indemnities and the capital representing the pensions that the Société is required to pay from any person not resident in Québec who, under the law of the place where the accident occurred, is responsible for the accident and from any person liable for compensation for bodily injury caused in the accident by such non-resident. The subrogation is effected of right by the decision of the Société to compensate the victim. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.60Verify source

§ 83.61Section 83.61Provision

Source excerpt

If the Société compensates someone for an accident in Québec, it may recover specified payments from certain responsible non-residents and related liable persons.

83.61. Notwithstanding section 83.57, where the Société compensates a person by reason of an accident that occurred in Québec, it is subrogated to the person’s rights and is entitled to recover the indemnities and the capital value of the pensions that the Société is required to pay from any person not resident in Québec who is responsible for the accident to the extent that he is responsible therefor and from any person liable for compensation for bodily injury caused in the accident by such non-resident. The subrogation is effected of right by the decision of the Société to compensate the victim. The remedy of the Société as subrogee is subject to decision of the court and is prescribed by three years from the date of the decision. Responsibility is determined according to the ordinary rules of law to the extent that sections 108 to 114 do not derogate therefrom. 1989, c. 15, s. 1; 1990, c. 19, s. 11.

Section 83.61Verify source

§ 83.62Section 83.62Offence

Source excerpt

After an accident, certain subrogated bodies or persons have the same remedies as the Société to recover their claim against a non-resident in Québec who is responsible for the accident, or against the person liable for compensation for the bodily injury caused.

83.62. Notwithstanding section 83.57, where, following an accident, the following person or bodies are subrogated to the rights of a person under the Acts hereinafter mentioned, they shall have the same remedies as the Société to recover their claim from the person not resident in Québec who is responsible for the accident or from the person liable for compensation for bodily injury caused in the accident by that person: (1) the Commission des normes, de l’équité, de la santé et de la sécurité du travail and, as the case may be, the employer by virtue of the Act respecting industrial accidents and occupational diseases (chapter A-3.001); (2) the Minister of Justice by virtue of the Act to promote good citizenship (chapter C-20) and the Act to assist persons who are victims of criminal offences and to facilitate their recovery (chapter P-9.2.1); (3) the Régie de l’assurance maladie du Québec by virtue of the Health Insurance Act (chapter A-29); (4) the Government by virtue of the Hospital Insurance Act (chapter A-28) and the Individual and Family Assistance Act (chapter A-13.1.1). 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1998, c. 36, s. 167; 1999, c. 89, s. 53; 2005, c. 15, s. 142; 2015, c. 15, s. 237; 2021, c. 13, s. 121.

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§ 83.63Section 83.63Provision

Source excerpt

If a person is entitled to both indemnities because of an accident, the person must claim the indemnity or pecuniary benefit under the other Act.

83.63. Where, by reason of an accident, a person is entitled to both an indemnity under this title and an indemnity or pecuniary benefit under the Act respecting industrial accidents and occupational diseases (chapter A-3.001) or another Act relating to the compensation of persons who are victims of an industrial accident, in force in or outside Québec, that person shall claim the indemnity or pecuniary benefit provided for by that Act. 1989, c. 15, s. 1.

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§ 83.64Section 83.64Offence

Source excerpt

If a person injured by an accident qualifies for both an indemnity under this title and financial assistance under either of two named Acts, the person may choose one compensation route; receiving compensation under those Acts displaces any right to compensation under this title.

83.64. Where, by reason of an accident, a person is entitled to both an indemnity under this title and financial assistance under the Act to promote good citizenship (chapter C-20) or the Act to assist persons who are victims of criminal offences and to facilitate their recovery (chapter P-9.2.1), that person may elect to avail himself of the compensation provided for by this title or claim the indemnity or benefit. Compensation under the Act to promote good citizenship or the Act to assist persons who are victims of criminal offences and to facilitate their recovery sets aside any right to compensation under this title. 1989, c. 15, s. 1; 2021, c. 13, s. 122.

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§ 83.65Section 83.65Offence

Source excerpt

A person receiving an income replacement indemnity who later claims certain other benefits cannot receive both indemnities at the same time.

83.65. A person who receives an income replacement indemnity under this title and who, by reason of a new event, claims an income replacement indemnity under the Act respecting industrial accidents and occupational diseases (chapter A-3.001) or financial assistance compensating a loss of income or financial assistance compensating certain disabilities under the Act to promote good citizenship (chapter C-20) or the Act to assist persons who are victims of criminal offences and to facilitate their recovery (chapter P-9.2.1), is not entitled to receive both indemnities at the same time. The Société shall continue to pay the income replacement indemnity, where that is the case, until the entitlement to and the amount of the indemnity and the financial assistance payable under each of the Acts applicable are determined. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 2021, c. 13, s. 123.

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§ 83.66Section 83.66Offence

Source excerpt

The Société must make an agreement with the Commission des normes, de l’équité, de la santé et de la sécurité du travail to set a claims-processing procedure, and it must also make a related agreement with the Minister of Justice for two specified Acts.

83.66. The Société shall reach an agreement with the Commission des normes, de l’équité, de la santé et de la sécurité du travail to establish a procedure for the processing of claims filed under the Act respecting industrial accidents and occupational diseases (chapter A-3.001) by any person contemplated in section 83.65. The agreement must make it possible to (1) distinguish between the damage resulting from the new event and the damage attributable to the accident; (2) determine the entitlement to and the amount of the benefits, compensation or indemnities payable under each of the applicable Acts; (3) determine the benefits, compensation or indemnities each body is required to pay and specify the cases, amounts and conditions of reimbursement among them. The Société shall reach such an agreement with the Minister of Justice as regards the Act to promote good citizenship (chapter C-20) and the Act to assist persons who are victims of criminal offences and to facilitate their recovery (chapter P-9.2.1). 1989, c. 15, s. 1; 1990, c. 19, s. 11; 2015, c. 15, s. 237; 2021, c. 13, s. 124.

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§ 83.67Section 83.67Provision

Source excerpt

If a person referred to in section 83.65 claims an income replacement indemnity, the Société and the Commission must issue a joint decision dividing the damage between the events and setting the related entitlement and amount. A person who believes the decision is wrong may contest it before the Administrative Tribunal of Québec.

83.67. Where a person referred to in section 83.65 claims an income replacement indemnity under the Act respecting industrial accidents and occupational diseases (chapter A-3.001), the Société and the Commission des normes, de l’équité, de la santé et de la sécurité du travail shall, in carrying out the agreement described in section 83.66, render a joint decision which distinguishes between the damage attributable to each event and determines the corresponding entitlement to and amount of the benefits, compensation or indemnities payable under each of the applicable Acts. A person who believes he has been wronged by the decision may elect to contest the decision before the Administrative Tribunal of Québec under this Act or the Act respecting industrial accidents and occupational diseases, as the case may be. A proceeding brought before the Tribunal under any of the said Acts precludes any proceeding before the Tribunal under any other of them and the decision made by the Tribunal is binding on both bodies. 1989, c. 15, s. 1; 1990, c. 19, s. 11; 1997, c. 43, s. 56; 2015, c. 15, s. 237; 2021, c. 13, s. 125.

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§ 83.67.1Section 83.67.1Offence

Source excerpt

The Société and the Minister of Justice must issue a joint decision for certain claims, separating the damage by event and setting the related entitlement and amount. A person who thinks they were wronged by the decision may contest it before the Administrative Tribunal of Québec.

83.67.1. Where a person referred to in section 83.65 claims financial assistance compensating a loss of income or financial assistance compensating certain disabilities under the Act to promote good citizenship (chapter C-20) or the Act to assist persons who are victims of criminal offences and to facilitate their recovery (chapter P-9.2.1), the Société and the Minister of Justice shall, in carrying out the agreement described in section 83.66, render a joint decision which distinguishes between the damage attributable to each event and determines the corresponding entitlement to and amount of the benefits, compensation or indemnities payable under each of the applicable Acts. A person who believes he has been wronged by the decision may elect to contest the decision before the Administrative Tribunal of Québec under this Act, the Act to promote good citizenship or the Act to assist persons who are victims of criminal offences and to facilitate their recovery. A proceeding brought before the Tribunal under any of the said Acts precludes any proceeding before the Tribunal under each of the other Acts and the decision rendered by the Tribunal applies to each plan and Act concerned. 2021, c. 13, s. 126.

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§ 83.68Section 83.68Provision

Source excerpt

If an accident victim can receive both an income replacement indemnity under this Act and a disability benefit from an equivalent program in another jurisdiction, the income replacement indemnity is reduced by the amount of that disability benefit.

83.68. Where, by reason of an accident, a victim is entitled to both an income replacement indemnity payable under this Act and a disability benefit payable under an income security program of another jurisdiction equivalent to the program established by the Act respecting the Québec Pension Plan (chapter R-9), the income replacement indemnity is reduced by the amount of disability benefit payable to the victim under such a program. 1989, c. 15, s. 1; 1995, c. 55, s. 6.

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§ 84Section 84Provision

Source excerpt

Owners of automobiles operating in Québec must have liability insurance for property damage. Certain transport-system operators must also have similar coverage, and some delivery enterprises may have such a contract.

84. The owner of any automobile operating in Québec must have, in accordance with Division II of this chapter, a liability insurance contract guaranteeing compensation for property damage caused by such automobile. The operator of a transportation system governed by the Act respecting remunerated passenger transportation by automobile (chapter T-11.2) must also have a contract referred to in the first paragraph guaranteeing compensation for property damage caused by the automobiles used by the drivers registered with the operator and of which the operator is not the owner. Similarly, an enterprise whose activities consist, in particular, in delivering goods may have a contract referred to in the first paragraph guaranteeing compensation for property damage caused by the automobiles of which the enterprise is not the owner, but which are used by its employees for that delivery. An operator or an enterprise referred to in the second or third paragraph is considered an owner for the purposes of this Title. 1977, c. 68, s. 84; 2021, c. 34, s. 1.

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§ 84.1Section 84.1Provision

Source excerpt

For this title, accident damage to an automobile or other property counts as property damage, and a person who sustains that damage counts as a victim.

84.1. For the purposes of this title, any damage caused in an accident to an automobile or to other property is deemed to be property damage. For the purposes of this title, every person who sustains property damage in an accident is deemed to be a victim. 1989, c. 15, s. 2.

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§ 85Section 85Interpretation

Source excerpt

A liability insurance contract must cover specified automobile-related civil liability and bodily-injury liabilities in Canada, the United States, and outside Québec, with one theft-related exclusion.

85. The liability insurance contract must protect the owner of an automobile and any person driving it, except a person having obtained it by theft, against the pecuniary consequences of any civil liability they may incur by reason of property damage caused in an accident in Canada or the United States. The liability insurance contract must also protect the insured owner against the pecuniary consequences of any liability he may incur while driving the automobile of a third person. The liability insurance contract must also protect the persons contemplated in this section against the pecuniary consequences of any liability they may incur for bodily injuries referred to in the definition of “bodily injury” in section 2 and that have been caused by the automobile outside Québec, elsewhere in Canada and in the United States. 1977, c. 68, s. 85; 1989, c. 15, s. 3.

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§ 86Section 86Provision

Source excerpt

86. Notwithstanding any provision to the contrary that it may contain, an insurance contract is deemed to provide protection at least equal to that required by this Act and the regulations hereunder. 1977, c. 68, s. 86.

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§ 87Section 87Provision

Source excerpt

The minimum compulsory amount of liability insurance is $50,000.

87. The minimum compulsory amount of liability insurance is $50,000. 1977, c. 68, s. 87.

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§ 87.1Section 87.1Provision

Source excerpt

Certain owners or operators must carry at least $1,000,000 in liability insurance; the amount rises to $2,000,000 when the person transports a listed dangerous substance above the Schedule 1 column 7 quantity.

87.1. The minimum compulsory amount of liability insurance for an owner or operator subject to Title VIII.1 of the Highway Safety Code (chapter C‐24.2) is $1,000,000. However, the amount is $2,000,000 if the person referred to in the first paragraph transports a dangerous substance listed in Schedule 1 to the Transportation of Dangerous Good Regulations made by Privy Council Order 2001-1366 (Canada Gazette, Part II, Supplement of 15 August 2001, 1) in a quantity exceeding that indicated in column 7 of that schedule. 1987, c. 94, s. 104; 1998, c. 40, s. 52; 2008, c. 14, s. 102.

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§ 88Section 88Provision

Source excerpt

The contract must include insurance terms tied to the minimum liability insurance required where the accident occurs, if that minimum is higher than the insured’s coverage, and it must also bar the insurer from raising any defence that local insurers would be prohibited from raising in Canada or the United States.

88. The contract must stipulate that the amount of liability insurance is equal to the minimum amount of liability insurance prescribed by the legislation respecting automobile insurance in force in the state, province or territory of Canada or the United States where the accident occurs, when that amount is greater than the amount of liability insurance subscribed by the insured. The contract shall also stipulate that the insurer shall not set up any ground of defence prohibited to insurers of the place of the accident if it occurred in Canada or the United States. 1977, c. 68, s. 88; 1989, c. 47, s. 1.

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§ 88.1Section 88.1Provision

Source excerpt

A supplementary contract above the first contract’s amount may be made without the section 88 stipulations or any minimum compulsory amount, but once the first contract ends, it is deemed to cover that minimum amount and those stipulations.

88.1. A supplementary contract for an amount immediately above the amount of the first contract may be entered into for an amount other than any minimum compulsory amount and not include the stipulations provided for in section 88. However, the contract is deemed to cover such minimum amount and include such stipulations when the first contract ceases to be in force. 1989, c. 47, s. 2.

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§ 89Section 89Provision

Source excerpt

An insurance contract may require the insured to remain liable for part of an indemnity, while the insurer still owes the victim the full indemnity.

89. An insurance contract may stipulate that the insured shall remain liable for a portion of the indemnity owed to the victim under a deductible coverage clause or otherwise; in such case, the insurer remains liable to the victim for the payment of the full indemnity, including the portion for which the insured remains liable under the contract. The insurer is then subrogated in the rights of the victim against the insured for the portion the insurer has had to pay to the victim for which the insured remains liable under the contract. 1977, c. 68, s. 89.

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§ 90Section 90Provision

Source excerpt

An insurance contract renews automatically at each maturity unless the insurer or the insured gives notice otherwise.

90. The insurance contract is renewed of right, for the same premium and for the same period, at each maturity of the contract, unless notice to the contrary is given by the insurer or the insured; if given by the insurer, the notice of non-renewal or of a change in the premium must be sent to the insured, at his last known address, not later than the thirtieth day preceding the date of maturity, counting that date. Where the insured deals through a broker, the notice provided for in the first paragraph is sent by the insurer to the broker, the latter being entrusted to remit it to the insured. 1977, c. 68, s. 90.

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§ 91Section 91Provision

Source excerpt

The insurer may cancel a contract within 60 days of it coming into force by written notice to the insured. After that period, cancellation is only allowed for certain risk-aggravation or non-payment situations, and the notice period is usually 30 days, or 15 days for a covered automobile with the stated exception.

91. The insurer may cancel a contract within 60 days after its coming into force by a mere notice to the insured; in that case, the contract is terminated 15 days after such notice is received. At the expiry of such period of 60 days, an insurance contract shall not be cancelled by the insurer except in the case of an aggravation of risk which is likely to materially influence a reasonable insurer in the decision to continue to insure, or when the premium has not been paid. The insurer so wishing to cancel the contract must notify the insured of it in writing; the cancellation has effect thirty days after such notice is received or, if the automobile mentioned in the contract, with the exception of a school bus, is an automobile contemplated in Title VIII.1 of the Highway Safety Code (chapter C-24.2), 15 days after receipt of the notice. 1977, c. 68, s. 91; 1989, c. 47, s. 3.

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§ 92Section 92Provision

Source excerpt

92. The insurer shall not demand that the contract be void ab initio unless the insured has misrepresented or deceitfully concealed any fact known to him likely to materially influence a reasonable insurer in the decision to cover the

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§ 93Section 93Provision

Source excerpt

Insurers must show commission amounts and percentages on premium documents; insurers not using brokers must instead show marketing expense amounts and percentages.

Not in force 93. The insurer must, on every document stating the amount of the premium required for the insurance contract, clearly indicate the amount and the percentage of the commission paid to a firm, to an independent partnership or to an independent representative within the meaning of the Act respecting the distribution of financial products and services (chapter D‐9.2); this information must also appear on any such document issued by a firm, an independent partnership or independent representative. The insurer who is not doing business through brokers must, on every document stating the amount of the premium required for the insurance contract, clearly indicate the amount and the percentage of his marketing expenses, as determined by regulation of the Government, upon the recommendation of the Autorité des marchés financiers. 1977, c. 68, s. 93; 1977, c. 5, s. 14; 1982, c. 52, s. 51; 1989, c. 48, s. 222; 1998, c. 37, s. 495; 2002, c. 45, s. 165; 2004, c. 37, s. 90.

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§ 94Section 94Provision

Source excerpt

Insurance taken out by someone other than the owner does not discharge the owner’s section 84 obligation unless the owner’s identity is declared to the insurer and mentioned in the insurance contract.

94. Insurance taken out by a person other than the owner does not discharge the latter from his obligation under section 84 unless the identity of such owner has been declared to the insurer and mention of it is made in the insurance contract. 1977, c. 68, s. 94.

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§ 95Section 95Provision

Source excerpt

No opposition, contestation, or intervention may be brought against seizure of an automobile that caused an accident and led to indemnity payment, unless the owner proves liability insurance.

95. No opposition, contestation or intervention lies against the seizure of an automobile having caused an accident giving rise to the payment of an indemnity, unless the owner proves he has contracted liability insurance. 1977, c. 68, s. 95.

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§ 96Section 96Provision

Source excerpt

The Société may require an automobile owner to provide a statement and insurance certificate.

96. The Société may, at any time, require the owner of an automobile to furnish a statement attesting that he meets the requirements imposed under this Act with respect to liability insurance as well as a certificate of insurance. Such a declaration must state the name of the insurer and, except in the case of a person holding a temporary certificate referred to in section 98, the policy number and its date of expiry. 1977, c. 68, s. 96; 1980, c. 38, s. 18; 1982, c. 59, s. 69; 1990, c. 19, s. 11; 1990, c. 83, s. 244; 2008, c. 14, s. 104.

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§ 97Section 97Provision

Source excerpt

An insurer must issue, free of charge, a certificate of insurance for each insured automobile.

97. An insurer must, without cost, issue a certificate of insurance for each of the automobiles insured by the policy, setting forth: (1) the name and address of the insurer; (2) the name and address of the owner of the automobile and, if such is the case, of the person insured; (3) the number and date of expiry of the policy; (4) the fact that the certificate is issued to a garagist, if such is the case; (5) except in the case of a garagist, the specifications of the automobile, in particular the serial number; (6) any other information determined by regulation of the Government. For the purposes of this title, a garagist or garage operator is a person who operates an establishment where automobiles are maintained or repaired, and receives payment therefor. 1977, c. 68, s. 97; 1977, c. 5, s. 14; 1989, c. 15, s. 4.

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§ 97.1Section 97.1Provision

Source excerpt

Certain insurers may issue a certificate of insurance to a non-resident in Québec if the policy meets Division II requirements, and an unauthorized insurer may be authorized if it accepts service of proceedings in Québec-related accident cases.

97.1. An authorized insurer may also issue a certificate of insurance to a person who is not resident in Québec provided that the policy issued by him outside Québec meets the requirements of Division II. An unauthorized insurer may be authorized by the Autorité des marchés financiers to issue such a certificate to such a person if he authorizes the Autorité des marchés financiers to receive service of any proceeding instituted against him by reason of an accident that occurred in Québec. In both cases, the insurer must, furthermore, undertake, in a written document remitted to the Autorité des marchés financiers, to satisfy any judgment as if the insurance policy and the certificate had been issued in Québec. The Autorité des marchés financiers shall revoke the authorization of every insurer who fails to carry out his undertakings; from then on, the certificates issued by that insurer are void. 1981, c. 7, s. 542; 1989, c. 15, s. 5; 2002, c. 45, s. 166; 2004, c. 37, s. 90.

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§ 98Section 98Provision

Source excerpt

The insurer must issue the insurance certificate within 21 days after the application. If no certificate is issued at acceptance, the insurer must provide a free temporary certificate for 21 days.

98. The insurer shall issue the certificate of insurance not over twenty-one days after the application for insurance. If the certificate of insurance is not issued upon acceptance, the insurer must deliver, without cost, at the time of acceptance, a temporary certificate for a period of twenty-one days; such certificate must set forth the particulars provided for in paragraphs 1, 2 and 4 to 6 of section 97 and the date of expiry of the certificate. 1977, c. 68, s. 98.

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§ 99Section 99Repeal

Source excerpt

Section 99 is repealed.

99. (Repealed). 1977, c. 68, s. 99; 1980, c. 38, s. 18; 1990, c. 19, s. 11; 1991, c. 58, s. 21.

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§ 100Section 100Provision

Source excerpt

The Société may at any time require any insurer to provide information needed for it to exercise its powers and for the obligation mentioned in section 84.

100. The Société may at all times require from any insurer the information necessary for it to exercise its powers and respecting the obligation contemplated in section 84. 1977, c. 68, s. 100; 1980, c. 38, s. 18; 1990, c. 19, s. 11.

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§ 101Section 101Provision

Source excerpt

The Government, its agents and mandataries of the State are exempt from contracting the insurance in section 84.

101. The Government, its agents and mandataries of the State are exempt from the obligation of contracting the insurance provided for in section 84. 1977, c. 68, s. 101; 1977, c. 5, s. 14; 1999, c. 40, s. 26.

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§ 102Section 102Repeal

Source excerpt

Section 102 is repealed.

102. (Repealed). 1977, c. 68, s. 102; 1977, c. 5, s. 14; 1982, c. 59, s. 69; 1990, c. 19, s. 11; 2008, c. 14, s. 105.

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§ 103Section 103Provision

Source excerpt

103. With respect to any automobile owned by it or him, the Government, its agents and mandataries of the State have the rights and obligations of an insurer under this Act. If a person has, by theft, obtained possession of an automobile owned by the Government, its agents and mandataries of the State, they are liable towards the victim for the obligations imposed upon the Société. 1977, c. 68, s. 103; 1977, c. 5, s. 14; 1982, c. 59, s. 69; 1990, c. 19, s. 11; 1999, c. 40, s. 26; 2008, c. 14, s. 106.

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Legislative relationships

11 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Criminal Code
Sections 1, 83.30

G–M

5 instruments

Highway Safety Code
Sections 87.1, 91
Individual and Family Assistance Act
Section 83.28
Justice by virtue of the Act
Section 83.62
Justice for two specified Act
Section 83.66
Maximum Yearly Insurable Earnings less an amount equivalent to the income tax determined under the Taxation Act
Section 52

N–S

4 instruments

Québec Pension Plan Act
Section 83.22
Québec under this Act
Section 83.67.1
Québec. 83.67. Where a person referred to in section 83.65 claims an income replacement indemnity under the Act
Section 83.67
State have the rights and obligations of an insurer under this Act
Section 103

T–Z

1 instrument

Tax Administration Act
Section 83.32

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Automobile Insurance Act, 1977

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