P-9.2.1 - Act to assist persons who are victims of criminal offences and to facilitate their recovery

Section 45 Disposition versions

2021-10-13

45. Financial assistance compensating a loss of income is established considering, as applicable, according to the most advantageous situation and subject to the conditions prescribed by a government regulation,

(1)  the net annual income the person who is a victim earned, at the time of the health assessment, from their employment, work or occupation;

(2)  the net income the person obtained during the 12 months preceding the health assessment;

(3)  the net annual income the person would earn from their employment if, at the time of the health assessment, they had held the employment for which they have an employment relationship with an employer and for which the first day of employment or day of return to work was foreseeable; or

(4)  the income determined by a government regulation.

The net income of the person that is referred to in any of subparagraphs 1 to 3 of the first paragraph is equal to their gross income for the year derived from an employment, work or occupation and for which the applicable fiscal laws are complied with, less 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 Act respecting employment insurance in Canada (S.C. 1996, 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); the net income is calculated according to 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 second paragraph, the gross income that, through concealment, eludes the payment of taxes and social contributions, is deemed equal to zero.

For the purposes of the deductions provided for in the second paragraph, whether or not the person has a spouse or dependants on the date of the application, and, if applicable, the number of dependants, are taken into account.

If the person who is in the situation referred to in subparagraph 2 of the first paragraph received 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 from the Société de l’assurance automobile du Québec or received any other benefit or indemnity intended to compensate a loss of income during that period, those benefits and indemnities must be considered in calculating the gross income established on the basis of the 12 months preceding the disability.

If a person who is in a situation described in either subparagraph a or b of paragraph 1 of section 43 is receiving employment insurance or parental insurance benefits, payment of financial assistance compensating a loss of income is, as chosen by the person, made immediately or suspended until those benefits cease to be paid.

2021, c. 13, s. 45.

Not in force

In force: 2021-10-13

45. Financial assistance compensating a loss of income is established considering, as applicable, according to the most advantageous situation and subject to the conditions prescribed by a government regulation,

(1)  the net annual income the person who is a victim earned, at the time of the health assessment, from their employment, work or occupation;

(2)  the net income the person obtained during the 12 months preceding the health assessment;

(3)  the net annual income the person would earn from their employment if, at the time of the health assessment, they had held the employment for which they have an employment relationship with an employer and for which the first day of employment or day of return to work was foreseeable; or

(4)  the income determined by a government regulation.

The net income of the person that is referred to in any of subparagraphs 1 to 3 of the first paragraph is equal to their gross income for the year derived from an employment, work or occupation and for which the applicable fiscal laws are complied with, less 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 Act respecting employment insurance in Canada (S.C. 1996, 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); the net income is calculated according to 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 second paragraph, the gross income that, through concealment, eludes the payment of taxes and social contributions, is deemed equal to zero.

For the purposes of the deductions provided for in the second paragraph, whether or not the person has a spouse or dependants on the date of the application, and, if applicable, the number of dependants, are taken into account.

If the person who is in the situation referred to in subparagraph 2 of the first paragraph received 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 from the Société de l’assurance automobile du Québec or received any other benefit or indemnity intended to compensate a loss of income during that period, those benefits and indemnities must be considered in calculating the gross income established on the basis of the 12 months preceding the disability.

If a person who is in a situation described in either subparagraph a or b of paragraph 1 of section 43 is receiving employment insurance or parental insurance benefits, payment of financial assistance compensating a loss of income is, as chosen by the person, made immediately or suspended until those benefits cease to be paid.

2021, c. 13, s. 45.