P-9.2.1, r. 1 - Regulation respecting the application of the Act to assist persons who are victims of criminal offences and to facilitate their recovery

Section 49 Disposition versions

2021-10-13

49. Unless otherwise indicated, the amount of the gross income used to establish financial assistance to compensate for certain disabilities is equal to the annual gross income determined on the basis of the minimum wage referred to in section 3 of the Regulation respecting labour standards (chapter N-1.1, r. 3) and the normal work week prescribed in section 52 of the Act respecting labour standards (chapter N-1.1), from which is subtracted an amount equivalent to the income tax established under the Taxation Act (chapter I-3) and the Income Tax Act (R.S.C 1985, c. 1 (5th Suppl.)), the employee’s premium payable under the Employment Insurance Act (S.C. 1985, c. 23), the worker’s premium established under the Act respecting parental insurance (chapter A-29.011) and the worker’s contribution established under the Act respecting the Québec Pension Plan (chapter R-9), calculated using the method determined in section 63 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001), with the necessary modifications.

For the purposes of the deductions referred to in the first paragraph, consideration is given to whether or not the person, on the date of the application, has a spouse or dependants and of the number of such dependants, where applicable.

The person who is a victim may however demonstrate earning a gross income higher than the earning established under the first paragraph during the 12 months preceding the disability. Employment insurance benefits, salary insurance benefits, parental insurance benefits or income replacement indemnities from the Commission des normes, de l’équité, de la santé et de la sécurité du travail or the Société de l’assurance automobile du Québec or any other benefit or indemnity compensating a loss of income during that period may be taken into consideration to establish that income.

O.C. 1266-2021, s. 49.

Not in force

In force: 2021-10-13

49. Unless otherwise indicated, the amount of the gross income used to establish financial assistance to compensate for certain disabilities is equal to the annual gross income determined on the basis of the minimum wage referred to in section 3 of the Regulation respecting labour standards (chapter N-1.1, r. 3) and the normal work week prescribed in section 52 of the Act respecting labour standards (chapter N-1.1), from which is subtracted an amount equivalent to the income tax established under the Taxation Act (chapter I-3) and the Income Tax Act (R.S.C 1985, c. 1 (5th Suppl.)), the employee’s premium payable under the Employment Insurance Act (S.C. 1985, c. 23), the worker’s premium established under the Act respecting parental insurance (chapter A-29.011) and the worker’s contribution established under the Act respecting the Québec Pension Plan (chapter R-9), calculated using the method determined in section 63 of the Act respecting industrial accidents and occupational diseases (chapter A-3.001), with the necessary modifications.

For the purposes of the deductions referred to in the first paragraph, consideration is given to whether or not the person, on the date of the application, has a spouse or dependants and of the number of such dependants, where applicable.

The person who is a victim may however demonstrate earning a gross income higher than the earning established under the first paragraph during the 12 months preceding the disability. Employment insurance benefits, salary insurance benefits, parental insurance benefits or income replacement indemnities from the Commission des normes, de l’équité, de la santé et de la sécurité du travail or the Société de l’assurance automobile du Québec or any other benefit or indemnity compensating a loss of income during that period may be taken into consideration to establish that income.

O.C. 1266-2021, s. 49.