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A-25, r. 3.2 - Regulation respecting insurance contributions

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Current Version

Full text

Updated to 1 October 2015

This document has official status.

chapter A-25, r. 3.2

Regulation respecting insurance contributions

AUTOMOBILE INSURANCE — INSURANCE CONTRIBUTIONS

Automobile Insurance Act

(chapter A-25, ss. 151 to 151.3, s. 195, pars. 31 and 32, and s. 195.1).

A-25

10October 011 2015

CHAPTER I

GENERAL PROVISIONS

1. In this Regulation, references to other regulations or to acts refer to the text in force on 19 June 2014. Subsequent versions, if there are any, must not be taken into account.

Decision 2015-06-17, s. 1.

CHAPTER II

INSURANCE CONTRIBUTION PAYABLE UPON REGISTRATION OF A ROAD VEHICLE, FOR THE RIGHT TO OPERATE THE VEHICLE, AND RETENTION OF THAT RIGHT

DIVISION I

DEFINITIONS

2. In this Chapter “antique motor vehicle”, “bus engaged in the transportation of schoolchildren”, “commercial vehicle”, “farm motor vehicle”, “farm tractor”, “farm trailer”, “legal person”, “motor home”, “net weight”, “passenger vehicle”, “private bus”, “public bus”, “snowblower”, “snowmobile”, “special mobile snow equipment”, “trailer”, “truck” and “vehicle engaged in the transportation of schoolchildren” have the meaning given to them in the Regulation respecting road vehicle registration (chapter C-24.2, r. 29), and “bus”, “minibus”, “moped”, “motorcycle”, “road vehicle”, “taxi”, “tool vehicle” and “tow truck” have the meaning given to them in the Highway Safety Code (chapter C-24.2).

Decision 2015-06-17, s. 2.

3. In this Chapter,

“combustion engine motorcycle” means a motorcycle propelled by a motor using fuel, except for fuel required to operate a fuel cell, or using a hybrid propulsion system, i.e., one that also comprises an electric motor, including any system where one of the motors is only temporarily engaged in propulsion;

“electric motorcycle” means a motorcycle propelled solely by an electric motor that uses energy from a battery, which must be recharged from an external source of electricity, or that uses energy from a fuel cell.

Decision 2015-06-17, s. 3.

DIVISION II

ANNUAL INSURANCE CONTRIBUTION PAYABLE TO RETAIN THE RIGHT TO OPERATE A ROAD VEHICLE

4. The annual insurance contribution payable to retain the right to operate a road vehicle is determined as follows:

(1) for a vehicle belonging to the class of motor homes having a net weight of 3,000 kg or less or to the class of passenger vehicles owned by a natural person and mainly used for personal purposes, as shown in the following table:

(2) for a passenger vehicle referred to in section 98 or 99 of the Regulation respecting road vehicle registration (chapter C-24.2, r. 29), as shown in the following table:

(3) for a combustion engine motorcycle or an electric motorcycle whose make, model and the first 10 characters of the vehicle identification number, except the ninth, are provided for in Schedule I, and for a combustion engine motorcycle or an electric motorcycle whose first 7 characters of the vehicle identification number are “2SAAQQ4”, as shown in the following table:

(4) for a combustion engine motorcycle or an electric motorcycle other than the motorcycle referred to in subparagraph 3:

(a) in the case of a combustion engine motorcycle with a cylinder displacement of 125 cm3 or less or of more than 400 cm3, or an electric motorcycle with a nominal output of 11 kW or less or of more than 35 kW, as shown in the following table:

___________________________________________________________________________________

Payment due year Insurance contribution based on the cylinder
of the insurance displacement of the combustion engine motorcycle
contribution or the nominal output of the electric motorcycle
_______________________________________________________

125 cm3 or less or more than 400 cm3 or
11 kW or less more than 35 kW
___________________________________________________________________________________

2016 $178.90 $475.99
___________________________________________________________________________________

(b) in the case of a combustion engine motorcycle with a cylinder displacement of more than 125 cm3 but not exceeding 400 cm3, or an electric motorcycle with a nominal output of more than 11 kW but not exceeding 35 kW, as shown in the following table:

___________________________________________________________________________________

Payment due year of the
insurance contribution Insurance contribution
___________________________________________________________________________________

2016 $329.32
___________________________________________________________________________________

2017 $334.84
___________________________________________________________________________________

(5) for a moped:

(6) for each of the road vehicles listed in subparagraphs a to j, as shown in the table in subparagraph k:

(a) a commercial vehicle;

(b) a vehicle engaged in the transportation of schoolchildren;

(c) a road vehicle owned by a driving school or an institution that holds a licence to dispense instruction in the driving of heavy trucks issued under section 10 of the Act respecting private education (chapter E-9.1);

(d) a snowblower;

(e) a motor home owned by a legal person and a motor home having a net weight of more than 3,000 kg that is owned by a natural person who uses it mainly for personal purposes;

(f) a tool vehicle and a special mobile snow equipment;

(g) a tow truck having a net weight of 3,000 kg or less;

(h) an ambulance and a hearse;

(i) a tow truck having a net weight of more than 3,000 kg that is used solely for the towing or moving of not more than 2 road vehicles;

(j) an equipment transport vehicle;

(k)

(7) for a taxi:

(8) for a farm vehicle having a net weight of not more than 3,000 kg:

(9) for a farm tractor:

(10) for a truck other than a truck owned by a person referred to in Schedule II, as shown in the following table:

___________________________________________________________________________________

Payment due year Insurance contribution based
of the insurance on the number of axles on
contribution the truck
_______________________________________________________

2 axles 3 and 4 axles 5 axles and more
___________________________________________________________________________________

2016 $102.84 $167.46 $291.43
___________________________________________________________________________________

(11) for a truck that is owned by a person referred to in Schedule II, or for a farm motor vehicle having a net weight of more than 3,000 kg, as shown in the following table:

___________________________________________________________________________________

Payment due year Insurance contribution based
of the insurance on the number of axles on
contribution the truck or farm motor vehicle
_______________________________________________________

2 axles 3 and 4 axles 5 axles and more
___________________________________________________________________________________

2016 $85.17 $109.48 $171.32
___________________________________________________________________________________

(12) for a bus or a minibus that is owned by a person referred to in Schedule III:

(13) for a bus engaged in the transportation of schoolchildren:

__________________________________________________________________________________

Payment due year of the
insurance contribution Insurance contribution
___________________________________________________________________________________

2016 $151.86
___________________________________________________________________________________

(14) for a minibus used exclusively for personal purposes owned by a person who is a member of a family of at least 9 persons residing together, as shown in the following table:

(15) for a bus or a minibus other than a bus or a minibus referred to in paragraph 12, 13 or 14:

(a) in the case of a bus or a minibus having a net weight of 10,000 kg or less, as shown in the following table:

(b) in the case of a bus or a minibus having a net weight of more than 10,000 kg, as shown in the following table:

___________________________________________________________________________________

Payment due year of the
insurance contribution Insurance contribution
___________________________________________________________________________________

2016 $762.80
___________________________________________________________________________________

2017 $877.22
___________________________________________________________________________________

2018 $1,008.80
___________________________________________________________________________________

(16) for road vehicles with limited area of operation referred to in section 124 of the Regulation respecting road vehicle registration and used in a locality not linked to the Québec highway system, other than a passenger vehicle:

(17) for each of the road vehicles listed in subparagraphs a to e, other than a motorcycle, which are registered under subparagraphs 1 to 5 of the first paragraph of section 137 of the Regulation respecting road vehicle registration, as shown in the table in subparagraph f:

(a) a hand-crafted vehicle;

(b) a vehicle having a net weight of 450 kg or less, with the exception of a moped and a tool vehicle;

(d) an antique road vehicle;

(e) a snowmobile having a net weight of more than 450 kg;

(f)

(18) for a motorcycle whose model year is prior to 1981 and that is preserved in or restored to its original state and is registered under subparagraph 4 of the first paragraph of section 137 of the Regulation respecting road vehicle registration:

(19) for a road vehicle equipped with a detachable licence plate:

The number of axles on a truck or farm motor vehicle is calculated in accordance with the Regulation respecting road vehicle registration.

Decision 2015-06-17, s. 4.

DIVISION III

EXEMPTION FROM PAYMENT OF THE INSURANCE CONTRIBUTION TO RETAIN THE RIGHT TO OPERATE A ROAD VEHICLE

5. The owners of the following road vehicles are exempt from paying the insurance contribution payable to retain the right to operate those vehicles:

(1) road vehicles referred to in one of sections 139 to 142 of the Regulation respecting road vehicle registration (chapter C-24.2, r. 29);

(2) trailers.

Decision 2015-06-17, s. 5.

DIVISION IV

INSURANCE CONTRIBUTION PAYABLE UPON REGISTRATION OF A ROAD VEHICLE AND FOR THE RIGHT TO OPERATE THE VEHICLE

6. The insurance contribution payable upon registration of a road vehicle and for the right to operate the vehicle or put it back into operation is calculated by applying the rules used to calculate the fees payable upon registration of a road vehicle and for the right to operate the vehicle or put it back into operation established in the Regulation respecting road vehicle registration (chapter C-24.2, r. 29), by respectively replacing the annual and monthly duties covered by those rules by the annual insurance contribution established in section 4 and the monthly insurance contribution established in section 7.

Decision 2015-06-17, s. 6.

7. The monthly insurance contribution is the quotient obtained by dividing by 12 the annual insurance contribution payable to retain the right to operate the vehicle during the current year.

Decision 2015-06-17, s. 7.

8. Despite section 6, the insurance contribution payable upon registration of a trailer and for the right to operate it is $12.48. The owner of a farm trailer is exempt from paying the insurance contribution.

Decision 2015-06-17, s. 8.

DIVISION V

INSURANCE CONTRIBUTION PAYABLE UPON TEMPORARY REGISTRATION OF A ROAD VEHICLE AND FOR THE RIGHT TO TEMPORARILY OPERATE THE VEHICLE

9. The insurance contribution payable upon temporary registration of a road vehicle and for the right to temporarily operate the vehicle under section 26 of the Regulation respecting road vehicle registration (chapter C-24.2, r. 29) is $3.84.

Decision 2015-06-17, s. 9.

10. The insurance contribution payable upon temporary registration of a road vehicle and for the right to temporarily operate the vehicle under one of sections 30 to 41, 44 and 45 of the Regulation respecting road vehicle registration (chapter C-24.2, r. 29) is $1.92.

Decision 2015-06-17, s. 10.

DIVISION VI

INSURANCE CONTRIBUTION PAYABLE AFTER THE PAYMENT DUE DATE

11. The cases and conditions that authorize the requirement to pay the insurance contribution past the due date to retain the right to operate a road vehicle follow the rules established in the Regulation respecting road vehicle registration (chapter C-24.2, r. 29) concerning the cases and conditions that allow for claiming the fees payable to retain the right to operate a road vehicle beyond the due date, by respectively replacing the annual and monthly duties covered by those rules by the annual insurance contribution established in section 4 and the monthly insurance contribution established in section 7.

Decision 2015-06-17, s. 11.

DIVISION VII

REIMBURSEMENT OF INSURANCE CONTRIBUTIONS

12. The reimbursement of an insurance contribution paid upon registration of a road vehicle, for the right to operate a road vehicle or put it back into operation or to retain that right is based on the rules of reimbursement established in the Regulation respecting road vehicle registration (chapter C-24.2, r. 29), by respectively replacing the annual and monthly duties covered by those rules by the annual insurance contribution established in section 4 and the monthly insurance contribution established in section 7.

Decision 2015-06-17, s. 12.

CHAPTER III

INSURANCE CONTRIBUTION PAYABLE BY A HOLDER OF OR AN APPLICANT FOR A DRIVER’S LICENCE

DIVISION I

HOLDER OF OR APPLICANT FOR A DRIVER’S LICENCE

13. The annual insurance contribution payable under the first paragraph of section 93.1 of the Highway Safety Code (chapter C-24.2) by the holder of a driver’s licence, except for a driver’s licence bearing only class 6D or 8, is determined as follows:

(1) if the driver’s licence bears one or more of classes 1 to 5 or one or more of the classes authorizing the driving of a motorcycle, based on the total number of demerit points entered on the holder’s record during the 2 years preceding the 3-month period ending on the payment due date, as shown in the following table:

(2) if the licence bears one or more of classes 1 to 5 and one or more of the classes authorizing the driving of a motorcycle, the insurance contribution is the sum of the following amounts:

(a) the insurance contribution set in paragraph 1 for the payment due year, classes 1 to 5 and the total number of demerit points entered on the holder’s record during the 2 years preceding the 3-month period ending on the payment due date;

(b) the insurance contribution set in paragraph 1 for the payment due year, the motorcycle classes and the total number of demerit points, up to a maximum of 3 points, entered on the holder’s record during the 2 years preceding the 3-month period ending on the payment due date.

Decision 2015-06-17, s. 13.

14. For the issue of a driver’s licence bearing one or more of classes 1 to 5 and not bearing motorcycle classes, the insurance contribution payable is the product obtained by multiplying the monthly insurance contribution set under the second paragraph by the number of months, including parts of months, less 1, during which the holder is authorized to drive.

The monthly insurance contribution is the quotient obtained by dividing by 12 the annual insurance contribution provided for in paragraph 1 of section 13, based on the year of licence issue, the licence classes and the total number of demerit points entered on the applicant’s record over a period of 2 years determined as follows:

(1) to find the date of the end of the period, 15 months and one day are subtracted from the expiry date of the period during which the holder is authorized to drive;

(2) to find the date of the beginning of the period, 24 months are subtracted from the date of the end of the period obtained pursuant to subparagraph 1.

Decision 2015-06-17, s. 14.

15. For the issue of a driver’s licence bearing one or more of the classes authorizing the driving of a motorcycle and not bearing any of classes 1 to 5, the insurance contribution payable is the sum of the insurance contributions for the months, including parts of months, during which the holder is authorized to drive, except for the last month.

The insurance contribution for a month corresponds to the percentage, as determined below, of an amount equivalent to the annual insurance contribution provided for in paragraph 1 of section 13 for a motorcycle, based on the year of licence issue, the licence classes and the total number of demerit points entered on the applicant’s record over a period of 2 years determined under the second paragraph of section 14:

(1) January: 0.66%;

(2) February: 0.67%;

(3) March: 0.67%;

(4) April: 8.00%;

(5) May: 16.00%;

(6) June: 16.00%;

(7) July: 16.00%;

(8) August: 16.00%;

(9) September: 16.00%;

(10) October: 8.00%;

(11) November: 1.00%;

(12) December: 1.00%.

Decision 2015-06-17, s. 15.

16. For the issue of a driver’s licence bearing one or more of classes 1 to 5 and one or more of the classes authorizing the driving of a motorcycle, the insurance contribution payable is the sum of the following amounts:

(1) the insurance contribution calculated under section 14;

(2) the insurance contribution obtained by adding together the insurance contributions for the months, including parts of months, during which the holder is authorized to drive, except for the last month. The insurance contribution for a month corresponds to the percentage, as determined in the second paragraph of section 15, of an amount equivalent to the annual insurance contribution provided for in paragraph 1 of section 13 for motorcycle classes, based on the year of licence issue and the total number of demerit points, up to 3 points, entered on the applicant’s record over a period of 2 years determined under the second paragraph of section 14.

Decision 2015-06-17, s. 16.

17. The insurance contribution for the issue of a driver’s licence bearing class 8 only and the insurance contribution payable under the first paragraph of section 93.1 of the Highway Safety Code (chapter C-24.2) from the holder of such licence is $10.56.

Decision 2015-06-17, s. 17.

18. Where a person’s probationary licence has expired and the person has not paid the insurance contribution referred to in sections 14 to 16 for the issue of a first driver’s licence, or informed the Société de l’assurance automobile du Québec of the person’s intention not to obtain the licence before the expiry of the probationary licence, must, to obtain a first driver’s licence during the period in which payment of the insurance contribution is required, pay the insurance contribution.

A person referred to in the first paragraph whose right to a licence was suspended for part of the period for which payment of the insurance contribution payable was required, must pay, when the suspension is lifted if it is lifted during that period, the insurance contribution for the part of the period not covered by the suspension to obtain a first driver’s licence until the end of that period.

Decision 2015-06-17, s. 18.

19. The holder of a driver’s licence who has not paid the annual insurance contribution provided for in section 13 by the payment due date, and has not requested that the licence be cancelled or informed the Société of the holder’s intention not to renew the licence on that date, must pay the insurance contribution to obtain authorization to again drive a road vehicle until the end of the 12-month period for which payment of the insurance contribution must be made.

If the annual insurance contribution has not been paid by the due dates with respect to two 12-month periods and longer, only the insurance contribution for the 12-month period during which authorization to drive is applied for is payable.

Decision 2015-06-17, s. 19.

20. The holder of a driver’s licence who has not paid the annual insurance contribution provided for in section 13 by the payment due date, and has not requested that the licence be cancelled or informed the Société of the holder’s intention not to renew the licence on that date, but whose licence was cancelled or revoked during the 12 months for which the annual insurance contribution was to be paid, must pay the annual insurance contribution when the licence is cancelled or when a new licence is issued during that period, for the part of that period preceding the licence cancellation or revocation.

If the annual insurance contribution has not been paid by the due dates, with respect to two 12-month periods and longer, only the 12-month period during which the licence was cancelled or revoked is considered and only the insurance contribution for the part of that period preceding the cancellation or revocation is payable.

Decision 2015-06-17, s. 20.

21. The holder of a driver’s licence who has not paid the annual insurance contribution provided for in section 13 by the payment due date, and has not requested that the licence be cancelled or informed the Société of the holder’s intention not to renew the licence on that date, but whose licence was suspended for part of the 12-month period for which payment of the annual insurance contribution was to be made, must pay, when the suspension is lifted if it is lifted during that period, the insurance contribution for the part of that period not covered by the suspension to obtain authorization to again drive a road vehicle until the end of that period.

If the annual insurance contribution has not been paid by the due dates, with respect to two 12-month periods and longer, only the 12-month period during which the licence suspension was lifted is considered and only the insurance contribution for the part of that period not covered by the suspension is payable.

Decision 2015-06-17, s. 21.

22. The holder of a driver’s licence that is suspended during a payment period for the sums payable under section 93.1 of the Highway Safety Code (chapter C-24.2) is exempt from payment of the annual insurance contribution provided for in section 13 for the length of the suspension. If the suspension is lifted during part of the 12-month period for which payment of the insurance contribution was to be made, the holder must pay, on lifting of the suspension, the insurance contribution for the part of that period not covered by the suspension to obtain authorization to again drive a road vehicle until the end of that period.

Decision 2015-06-17, s. 22.

23. The holder of a driver’s licence that was suspended for part of the 12-month period for which payment of the annual insurance contribution provided for in section 13 was to be made who has obtained reimbursement of the insurance contribution must pay, when the suspension is lifted if it is lifted during that period, the insurance contribution for the part of that period following the end of the suspension to obtain authorization to again drive a road vehicle until the end of that period.

Decision 2015-06-17, s. 23.

24. The insurance contribution payable under the second paragraph of section 18 and sections 20 to 23 for a driver’s licence bearing one or more of classes 1 to 5 and not bearing motorcycle classes is the product obtained by multiplying the monthly insurance contribution provided for in the second and third paragraphs by the number of months, including parts of months, less 1, comprised in the period for which an insurance contribution is payable under those sections.

With respect to the insurance contribution payable under sections 20 to 23, the monthly insurance contribution is the quotient obtained by dividing by 12 the annual insurance contribution referred to in those sections.

With respect to the insurance contribution payable under the second paragraph of section 18, the monthly insurance contribution is the quotient obtained by dividing by 12 the annual insurance contribution for the year of licence issue provided for in section 13, based on the licence classes and the total number of demerit points determined under the second paragraph of section 14.

Decision 2015-06-17, s. 24.

25. The insurance contribution payable under the second paragraph of section 18 and sections 20 to 23 for a driver’s licence bearing one or more of the classes authorizing the driving of a motorcycle and not bearing classes 1 to 5 is the sum of the insurance contributions, provided for in the second and third paragraphs, for the months, including parts of months, comprised in the period for which an insurance contribution is payable under those sections, except for the last month.

With respect to the insurance contribution payable under sections 20 to 23, the insurance contribution for a month corresponds to the percentage, determined under the second paragraph of section 15, of an amount equivalent to the annual insurance contribution referred to in those sections.

With respect to the insurance contribution payable under the second paragraph of section 18, the insurance contribution for a month corresponds to the percentage, calculated under the second paragraph of section 15, of an amount equivalent to the annual insurance contribution for the year of licence issue provided for in section 13, based on the licence classes and the total number of demerit points entered on the applicant’s record over a period of 2 years determined under the second paragraph of section 14.

Decision 2015-06-17, s. 25.

26. The insurance contribution payable under the second paragraph of section 18 and sections 20 to 23 for a driver’s licence bearing one or more of classes 1 to 5 and one or more of the classes authorizing the driving of a motorcycle is the sum of the insurance contribution calculated under section 24 and of the insurance contribution calculated under section 25. Despite the foregoing, for the purposes of this section, the total number of demerit points to take into account for the calculation provided for in section 25 may not be greater than 3 points.

Decision 2015-06-17, s. 26.

27. A person whose driver’s licence was revoked or whose right to obtain a driver’s licence was suspended under section 180 of the Highway Safety Code (chapter C-24.2) and who obtains a driver’s licence subsequently to the revocation or suspension must pay the sum of the following insurance contributions:

(1) the insurance contribution calculated under sections 14 to 16;

(2) the insurance contribution set in the following table, based on the total number of times the person’s licence was revoked or the person’s right to obtain a licence was suspended under section 180 of the Highway Safety Code during the 5 years preceding the date of issue of the new licence:

___________________________________________________________________________________

Total number of revocations Insurance contribution
and suspensions during
the 5 previous years
___________________________________________________________________________________

1 $288.07
___________________________________________________________________________________

2 $336.08
___________________________________________________________________________________

3 or more $384.10
___________________________________________________________________________________

Decision 2015-06-17, s. 27.

28. In the case of a person whose previous driver’s licence was revoked and who did not seek reimbursement of the part of the insurance contribution to which the person was entitled, an amount is subtracted from the insurance contribution payable for the issue of a new driver’s licence according to the terms provided for in the second paragraph.

The amount of insurance contribution paid for the revoked licence for the months, excluding parts of months, between the date of revocation of the licence and the expiry date of the period for which the insurance contribution was paid is subtracted from the amount of the insurance contribution payable.

This section does not apply where a period of more than 3 years has elapsed between the revocation of a previous driver’s licence and the issue of a new driver’s licence.

Decision 2015-06-17, s. 28.

DIVISION II

APPLICANT FOR A LEARNER’S LICENCE

29. The insurance contribution for the issue of a learner’s licence is the product obtained by multiplying the monthly insurance contribution set under the second and third paragraphs by the number of months, including parts of months, less 1, to elapse between the date of issue of the licence and its expiry date.

The monthly insurance contribution is the quotient obtained by dividing by 12 the insurance contribution payable for 12 months for the learner’s licence.

The insurance contribution payable for 12 months is determined as follows:

(1) if the licence bears one or more of classes 1 to 3 and 5 or class 6A or 6R, the insurance contribution is as shown in the following table:

___________________________________________________________________________________

Year of licence issue and classes
of applicant’s licence Insurance contribution
___________________________________________________________________________________

2016 One or more of classes 1 to 3 and 5 $17.79
___________________________________________________________________________

Class 6A or 6R $19.94
___________________________________________________________________________________

(2) if the licence bears one or more of classes 1 to 3 and 5 and class 6A or 6R, the insurance contribution is the sum of the following amounts:

(a) the insurance contribution set in paragraph 1 based on the year of issue of the licence and of classes 1 to 3 and 5;

(b) the insurance contribution set in paragraph 1 based on the year of issue of the licence and of classes 6A and 6R.

Decision 2015-06-17, s. 29.

DIVISION III

APPLICANT FOR A PROBATIONARY LICENCE

30. The insurance contribution for the issue of a probationary licence is the sum of the following insurance contributions:

(1) the insurance contribution determined as follows:

(a) if the licence bears one or more of classes 4A, 4B, 4C and 5 or one or more motorcycle classes, based on the total number of demerit points entered on the person’s record during the 2 years preceding the date of issue of the licence, as shown in the following table:

(b) if the licence bears one or more of classes 4A, 4B, 4C and 5 and one or more motorcycle classes, the insurance contribution is the sum of the following amounts:

i. the insurance contribution set in subparagraph a based on the year of issue of the licence, classes 4 to 5 and the total number of demerit points entered on the holder’s record during the 2 years preceding the date of issue of the licence;

ii. the insurance contribution set in subparagraph a based on the year of issue of the licence, the motorcycle classes and the total number of demerit points entered on the holder’s record during the 2 years preceding the date of issue of the licence, up to a maximum of 3 points.

(2) the insurance contribution set in paragraph 2 of section 27 corresponding to the total number of times the person’s licence was revoked or the person’s right to obtain a licence was suspended under section 180 of the Highway Safety Code (chapter C-24.2) during the 5 years preceding the date of issue of the probationary licence.

Decision 2015-06-17, s. 30.

31. The insurance contribution for the issue of a probationary licence to a person referred to in section 92.0.1 of the Highway Safety Code (chapter C-24.2) is the sum of the following insurance contributions:

(1) the insurance contribution determined as follows:

(a) where the probationary licence bears one or more of classes 4A, 4B, 4C and 5 and does not bear motorcycle classes, the product obtained by multiplying the monthly insurance contribution by the number of months, including parts of months, less 1, during which the holder is authorized to drive; the monthly insurance contribution is the quotient obtained by dividing by 24 the insurance contribution calculated under subparagraph a of paragraph 1 of section 30;

(b) where the probationary licence bears one or more motorcycle classes and does not bear classes 4A, 4B, 4C and 5, the sum of the insurance contributions for the months, including parts of months, during which the holder is authorized to drive, except for the last month; the insurance contribution for a month corresponds to the percentage, determined under section 15, of an amount equivalent to half of the insurance contribution calculated under subparagraph a of paragraph 1 of section 30;

(c) where the probationary licence bears one or more of classes 4A, 4B, 4C and 5 and one or more motorcycle classes, the sum of the following amounts:

i. the insurance contribution calculated under subparagraph a;

ii. the insurance contribution calculated under subparagraph b, except that the total number of demerit points to take into account for the calculation may not be greater than 3 points;

(2) the insurance contribution calculated under paragraph 2 of section 30.

Decision 2015-06-17, s. 31.

32. A person whose probationary licence was revoked or whose right to obtain a probationary licence was suspended under section 180 of the Highway Safety Code (chapter C-24.2) and who subsequently to the revocation or suspension obtains a probationary licence must pay the sum of the following insurance contributions:

(1) the insurance contribution determined as follows:

(a) where the probationary licence bears one or more of classes 4A, 4B, 4C and 5 and does not bear motorcycle classes, the insurance contribution is the product obtained by multiplying the monthly insurance contribution by the number of months, including parts of months, less 1, during which the holder is authorized to drive; the monthly insurance contribution is the quotient obtained by dividing by 24 the insurance contribution provided for in subparagraph a of paragraph 1 of section 30, based on the year of issue of the holder’s new probationary licence, the licence classes and the total number of demerit points entered on the holder’s record during the 2 years preceding the date of issue of the holder’s first probationary licence;

(b) where the probationary licence bears one or more motorcycle classes and does not bear classes 1 to 5, the insurance contribution is the sum of the insurance contributions for the months, including parts of months, during which the holder is authorized to drive, except for the last month; the insurance contribution for a month corresponds to the percentage, determined in section 15, of an amount equivalent to half of the insurance contribution calculated under subparagraph a of paragraph 1 of section 30, based on the year of issue of the holder’s new probationary licence, the licence classes and the total number of demerit points entered on the holder’s record during the 2 years preceding the date of issue of the holder’s first probationary licence;

(c) where the probationary licence bears one or more of classes 4A, 4B, 4C and 5 and one or more motorcycle classes, the insurance contribution is the sum of the following amounts:

i. the insurance contribution calculated under subparagraph a;

ii. the insurance contribution calculated under subparagraph b, except that the total number of demerit points to take into account for the calculation may not be greater than 3 points;

(2) the insurance contribution calculated under paragraph 2 of section 30.

For the purposes of the first paragraph, where more than 5 years have elapsed between the beginning of the 2 years that must be used to calculate the demerit points and the issue of the new probationary licence, a new period of 2 years must be determined for calculating points as follows:

(1) for determining the date of the end of the new period of 2 years, 24 months are added to the date marking the end of the period of 2 years that was to be used;

(2) for determining the date of the beginning of the new period of 2 years, 1 day is added to the date marking the end of the period of 2 years that was to be used;

(3) the calculations prescribed in subparagraphs 1 and 2 are repeated until the period between the beginning of the period of 2 years that must be used for calculating demerit points and the issue of a new licence is less than 5 years.

Decision 2015-06-17, s. 32.

33. A person whose probationary licence was cancelled at the person’s request or revoked under section 187.1 or section 191.2 of the Highway Safety Code (chapter C-24.2), who, subsequently to the cancellation or revocation, obtains a probationary licence must pay the insurance contribution calculated under section 32, except for subparagraph 2 of the first paragraph.

Decision 2015-06-17, s. 33; I.N. 2015-11-01.

34. A person whose previous probationary licence was revoked and who has not requested the reimbursement of that portion of the insurance contribution to which the person is entitled, an amount is subtracted from the insurance contribution payable for the issue of a new probationary licence according to the terms provided for in the second paragraph.

The amount of insurance contribution paid for the revoked licence for the months, excluding parts of months, between the date of the licence revocation and the date on which the licence was to expire is subtracted from the amount of the insurance contribution payable.

This section does not apply where more than 3 years have elapsed between the revocation of the previous probationary licence and the issue of the new probationary licence.

Decision 2015-06-17, s. 34.

DIVISION IV

APPLICANT FOR A RESTRICTED LICENCE

35. The insurance contribution for the issue of a restricted licence authorizing only the driving of a road vehicle equipped with an alcohol ignition interlock device is the product obtained by multiplying the monthly insurance contribution set under the second paragraph by the number of months, including parts of months, less 1, to elapse between the date of issue of the licence and its expiry date.

The monthly insurance contribution is the quotient obtained by dividing by 12 the annual insurance contribution for the year of issue of the restricted licence. The annual insurance contribution is set at $112.23.

Decision 2015-06-17, s. 35.

36. For the issue of a restricted licence bearing one or more of classes 1 to 5 and authorizing only the driving of a road vehicle covered by those classes to carry on the applicant’s principal means of livelihood, the insurance contribution payable is the product obtained by multiplying the monthly insurance contribution set under the second paragraph by the number of months, including parts of months, less 1, during which the licence holder is authorized to drive.

The monthly insurance contribution is the quotient obtained by dividing by 12 the annual insurance contribution provided for in section 13, based on the year of issue and the classes of the restricted licence and on the last total number of demerit points used to calculate the insurance contribution paid or payable for the holder’s previous licence.

Decision 2015-06-17, s. 36.

37. For the issue of a restricted licence authorizing only the driving of a motorcycle to carry on the applicant’s principal means of livelihood, the insurance contribution payable is the sum of the insurance contributions for the months, including parts of months, during which the holder is authorized to drive, except for the last month.

The insurance contribution for a month corresponds to the percentage, as determined in the second paragraph of section 15, of an amount equivalent to the annual insurance contribution provided for in section 13, based on the year of issue and the classes of the restricted licence and on the last total number of demerit points used to calculate the insurance contribution paid or payable for the holder’s previous licence.

Decision 2015-06-17, s. 37.

38. For the issue of a restricted licence bearing one or more of classes 1 to 5 and one or more of the licence classes authorizing the driving of a motorcycle, but authorizing only the driving of a road vehicle covered by those classes to carry on the driver’s principal means of livelihood, the insurance contribution payable is the sum of the following amounts:

(1) the insurance contribution calculated under section 36;

(2) the insurance contribution calculated under section 37, except that the total number of demerit points to take into account for the calculation may not be greater than 3 points.

Decision 2015-06-17, s. 38.

39. An amount is subtracted from the insurance contribution payable by a person for the issue of a restricted licence in accordance with the second and third paragraphs, if that person did not request the reimbursement of part of the insurance contribution paid for the previous licence although entitled to do so.

If the previous licence was a probationary licence, the insurance contribution calculated under the second paragraph of section 34 is subtracted from the amount calculated for the issue of the restricted licence.

If the previous licence was a driver’s licence, the insurance contribution paid for the months, excluding parts of months, between the date of revocation of the previous licence and the payment due date of the sums referred to in the first paragraph of section 93.1 of the Highway Safety Code (chapter C-24.2) had the licence not been revoked, is subtracted from the amount calculated for the issue of the restricted licence.

This section does not apply where more than 3 years have elapsed between the revocation of the previous licence and the issue of the restricted licence.

Decision 2015-06-17, s. 39.

DIVISION V

REIMBURSEMENT OF INSURANCE CONTRIBUTIONS

40. A person whose licence is cancelled at the person’s request or whose licence is revoked or suspended, except for a learner’s licence or a driver’s licence bearing only class 8, is entitled to reimbursement, on request, of part of the insurance contribution paid, as are the person’s heirs and legatees, according to the rules for reimbursement established

(1) in sections 41 and 42, for a licence bearing

(a) one or more of classes 1 to 5 and one or more motorcycle classes;

(b) one or more motorcycle classes that do not bear classes 1 to 5;

(2) in the Regulation respecting licences (chapter C-24.2, r. 34) by replacing the monthly duties covered by those rules by the monthly insurance contribution applicable to the period for which the reimbursement is to be made, for a licence bearing one or more of classes 1 to 5 and 8, and not bearing motorcycle classes.

For the purposes of subparagraph 2 of the first paragraph, the monthly insurance contribution is the quotient obtained by dividing by 12 the annual insurance contribution provided for in section 13 based on the insurance contribution payment due year, the licence classes and the total number of demerit points used in calculating the insurance contribution paid. Despite the foregoing, in the case of a restricted licence, the monthly insurance contribution is the insurance contribution calculated under the second paragraph of section 35 or the second paragraph of section 36, as the case may be.

Decision 2015-06-17, s. 40.

41. The amount of the reimbursement of the insurance contribution paid for a licence bearing one or more of the classes authorizing the driving of a motorcycle and not bearing classes 1 to 5 is the sum of the insurance contributions for the months, excluding parts of months, between the date of the event giving entitlement to the reimbursement and the expiry date of the period during which the holder is authorized to drive. The insurance contribution for a month is calculated by applying the percentage determined in section 15 to the amount of the annual insurance contribution provided for in section 13, according to the insurance contribution payment due year, the licence classes and the total number of demerit points used in calculating the insurance contribution paid.

Decision 2015-06-17, s. 41.

42. The amount of the reimbursement of the insurance contribution paid for a licence bearing one or more of classes 1 to 5 and one or more motorcycle classes is the sum of the following insurance contributions:

(1) the product obtained by multiplying the monthly insurance contribution by the number of months, excluding parts of months, between the date of the event giving entitlement to the reimbursement and the expiry date of the period during which the holder is authorized to drive; the monthly insurance contribution is the quotient obtained by dividing by 12 the annual insurance contribution provided for in section 13 based on the insurance contribution payment due year, licence classes 1 to 5 and the total number of demerit points used in calculating the insurance contribution paid;

(2) the sum of insurance contributions for the months, excluding parts of months, between the date of the event giving entitlement to the reimbursement and the expiry date of the period during which the holder is authorized to drive; the insurance contribution for a month is calculated by applying the percentage determined in the second paragraph of section 15 to an amount equivalent to the annual insurance contribution provided for in paragraph 1 of section 13 for motorcycle classes, according to the insurance contribution payment due year and the total number of demerit points used in calculating the insurance contribution paid and related to the motorcycle classes.

Decision 2015-06-17, s. 42.

43. The holder of a licence bearing one or more of classes 1 to 5 and one or more of the classes authorizing the driving of a motorcycle, except for a learner’s licence, who requests the cancellation of classes 1 to 5 or whose classes 1 to 5 have been suspended, is entitled, on request, to reimbursement of part of the insurance contribution paid.

The amount of the reimbursement is the product obtained by multiplying the monthly insurance contribution by the number of months, excluding parts of months, between the date of the event giving entitlement to the reimbursement and the expiry date of the period during which the holder is authorized to drive; the monthly insurance contribution is the quotient obtained by dividing by 12 the insurance contribution provided for in section 13, based on the insurance contribution payment due year, licence classes 1 to 5 and the total number of demerit points used in calculating the insurance contribution paid.

Decision 2015-06-17, s. 43.

44. The holder of a licence bearing one or more of classes 1 to 5 and one or more of the classes authorizing the driving of a motorcycle, except for a learner’s licence, who requests the cancellation of the classes authorizing the driving of a motorcycle or whose classes authorizing the driving of a motorcycle have been suspended is entitled, on request, to reimbursement of part of the insurance contribution paid.

The amount of the reimbursement is the sum of the insurance contributions for the months, excluding parts of months, between the date of the event giving entitlement to the reimbursement and the expiry date of the period during which the holder is authorized to drive; the insurance contribution for a month is calculated by applying the percentage determined in section 15 to an amount equivalent to the annual insurance contribution provided for in section 13, based on the insurance contribution payment due year, the licence classes authorizing the driving of a motorcycle and the total number of demerit points used in calculating the insurance contribution paid and related to the motorcycle classes.

Decision 2015-06-17, s. 44.

CHAPTER IV

ROUNDING OFF AND INDEXATION OF INSURANCE CONTRIBUTIONS

45. Where the amount of an insurance contribution has more than 2 decimals, only the first 2 digits are retained and the second digit is increased by one unit if the third digit is greater than 4.

Decision 2015-06-17, s. 45.

46. Beginning in 2017, the insurance contributions set in the first paragraph of section 4 and in sections 13, 29, 30 and 35 are indexed on 1 January of each year.

The indexation provided for in the first paragraph includes the indexation in 2017 of the insurance contribution set in subparagraph b of paragraph 4 of the first paragraph of section 4 for the year 2017.

However, the insurance contribution set in subparagraph b of paragraph 15 of the first paragraph of section 4 for the year 2017 is not indexed, and the insurance contribution set in that subparagraph for the year 2018 is not indexed in 2017 or in 2018, but is indexed beginning in 2019.

Decision 2015-06-17, s. 46.

47. Beginning in 2016, the insurance contributions set in sections 8, 9, 10, 17 and 27 are indexed on 1 January of each year.

Decision 2015-06-17, s. 47.

48. An insurance contribution is indexed by multiplying the amount to be indexed by the ratio between the current year’s Consumer Price Index and the preceding year’s index.

If the amount obtained pursuant to the first paragraph has more than 2 decimals, only the first 2 digits are retained and the second digit is increased by one unit if the third digit is greater than 4.

Decision 2015-06-17, s. 48.

49. 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 September of the year preceding the year for which the Index is computed.

If, on 23 September of a year, the data provided 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 modifies the computation of the indexation based on the change in the monthly Consumer Price Index from 1 January of the year following the change of method.

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.

If the ratio between the Consumer Price Index for the current year and that for the preceding year includes more than 3 decimals, only the first 3 digits are retained and the third digit is increased by one unit if the fourth digit is greater than 4.

Decision 2015-06-17, s. 49.

50. Despite sections 46 and 48, the annual insurance contribution payable to retain the right to operate a combustion engine motorcycle with a cylinder displacement of more than 125 cm3 but not exceeding 400 cm3 or an electric motorcycle with a nominal output of more than 11 kW but not exceeding 35 kW, where payment of the insurance contribution is due in 2017, may not be greater than $378.71.

Decision 2015-06-17, s. 50.

51. The amount to be indexed as of 2018 for motorcycles referred to in section 50 is the amount obtained by applying sections 46, 48 and 49 without taking into account the maximum amount of insurance contribution set in section 50.

Decision 2015-06-17, s. 51.

52. The Société publishes the insurance contributions indexed each year in Part 1 of the Gazette officielle du Québec.

Decision 2015-06-17, s. 52.

CHAPTER V

TRANSITIONAL AND COMING INTO FORCE

53. This Regulation comes into force on 1 October 2015 and revokes the former Regulation respecting insurance contributions (chapter A-25, r. 3.1). However, the Regulation respecting insurance contributions, as it reads on 30 September 2015, continues to apply

(1) to the insurance contribution payable to retain the right to drive a road vehicle the payment of which is due before 1 January 2016;

(2) to the insurance contribution payable upon registration of a road vehicle and for the right to operate the vehicle, if that registration and that right are obtained before 1 January 2016;

(3) to the insurance contribution payable by the holder of a driver’s licence the payment of which is due before 1 January 2016;

(4) to the insurance contribution payable to obtain a licence that takes effect before 1 January 2016.

Decision 2015-06-17, s. 53.

SCHEDULE I

(s. 4, 1st par., subpar. 3)

Decision 2015-06-17, Sch. I.

SCHEDULE II

(s. 4, 1st par., subpars. 10 and 11)

(1) the Gouvernement du Québec or a public agency as defined in section 1 of the Act respecting land use planning and development (chapter A-19.1), except state-owned enterprises listed in Schedule I to the Regulation respecting road vehicle registration (chapter C-24.2, r. 29) and their subsidiaries;

(2) the Government of Canada;

(3) a foreign government insofar as it grants the same privilege to the Gouvernement du Québec;

(4) a school board;

(5) a hospital centre as defined in subparagraph h of the first paragraph of section 1 of the Act respecting health services and social services for Cree Native persons (chapter S-5);

(6) a public institution which operates a general and specialized hospital, a psychiatric hospital or a residential and long-term care centre that is governed by the Act respecting health services and social services (chapter S-4.2);

(7) an institution exclusively devoted to charitable works that was established as a non-profit organization and is recognized as such under its constituting Act.

Decision 2015-06-17, Sch. II.

SCHEDULE III

(s. 4, 1st par., subpar. 12)

(1) Société de transport de Montréal;

(2) Société de transport de Québec;

(3) Société de transport de l’Outaouais;

(4) Société de transport de Longueuil;

(5) Société de transport de Lévis;

(6) Société de transport de Laval;

(7) Société de transport de Trois-Rivières;

(8) Société de transport du Saguenay;

(9) Société de transport de Sherbrooke.

Decision 2015-06-17, Sch. III.

REFERENCES

Decision 2015-06-17, 2015 G.O. 2, 1791

A-25, r. 3.2 - Regulation respecting insurance contributions

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