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Newfoundland and Labrador
Regulation 2004


NEWFOUNDLAND AND LABRADOR REGULATION 81/04

NEWFOUNDLAND AND LABRADOR
REGULATION 81/04

Automobile Insurance Regulations
under the
Automobile Insurance Act
(O.C. 2004-296)

(Filed July 28, 2004)

Under the authority of paragraphs 60(1)(g.1) and (g.2) of the Automobile Insurance Act, the Lieutenant-Governor in Council makes the following regulations.

Dated at St. John’s, July 28, 2004.

Robert C. Thompson
Clerk of the Executive Council

REGULATIONS

Analysis


        1.   Short title

        2.   Definitions

        3.   Application

        4.   Net loss of income

        5.   Net loss of earning capacity

        6.   Deductible on non-pecuniary damage


Short title

        1. These regulations may be cited as Automobile Insurance Regulations.

Definitions

        2. In these regulations, "Act means the Automobile Insurance Act.

Application

        3. These regulations apply to an action arising from the use or operation of an automobile on or after August 1, 2004.

Net loss of income

        4. For the purpose of paragraph 26.4(1)(a) of the Act, net loss of income means total income lost less the following:

             (a)  the premium otherwise payable on that income under the Employment Insurance Act (Canada);

             (b)  the contribution otherwise payable on that income under the Canada Pension Plan (Canada); and

             (c)  the income tax otherwise payable on that income under the Income Tax Act (Canada) and the Income Tax Act, 2000.

Net loss of earning capacity

        5. For the purpose of paragraph 26.4(1)(b) of the Act, net loss of earning capacity means total loss of earning capacity or loss of future income less the following:

             (a)  the premium otherwise payable on that income under the Employment Insurance Act (Canada);

             (b)  the contribution otherwise payable on that income under the Canada Pension Plan (Canada); and

             (c)  the income tax otherwise payable on that income under the Income Tax Act (Canada) and the Income Tax Act, 2000.

Deductible on non-pecuniary damage

        6. For the purpose of section 39.1 of the Act, the amount by which the damages to which a plaintiff is entitled in relation to each cause of action for non-pecuniary loss or damage shall be reduced is $2,500.