| Effective
Date |
BILL
59, as amended
November
1, 1996 |
BILL
164
January 1, 1994
to October 31,1996 |
OMPP
prior to January
1, 1994 |
| Maximum benefit |
$400/Week (unless endorsed) |
$1,000/Week (unless endorsed) |
$600/Week (unless endorsed) |
| Eligibility |
Employed or self employed.
Employed for at least 26 weeks during the 52 weeks
before.
Receiving EI benefits.
≥16 or excused from school.
Contracted to start employment within one year (if
accident occurs before April 15, 2004). |
Employed or self employed.
Employed at some point during the 156 weeks before
and was ≥16 or excused from school.
Contracted to start employment within one year (written
evidence).
On strike or locked out.
Received weekly caregiver benefits.
On pregnancy leave or parental leave. |
Employed or self employed.
On temporary lay-off.
Contracted to start employment within one year (written
evidence). |
| Income from
Self- Employment |
Profit from business for income tax
purposes without taking into account: expenses eligible
for capital cost allowance or an allowance on eligible
capital property; capital gains or losses; losses
deductible under S(111) of the Income Tax Act (Canada).
Quick estimate would be: Income from self-employment
shown on the T2124 Statement of Business Activities
(income statement) of a personal income tax return.
Person's income before an accident that occurs after
April 14, 2004, determined without reference to
any income not reported for tax purposes. |
Profit from business for income tax
purposes without taking into account: expenses eligible
for capital cost allowance or an allowance on eligible
capital property; capital gains or losses; losses
deductible under S(111) of the Income Tax Act (Canada).
Quick estimate would be: Income from self-employment
shown on the T2124 Statement of Business Activities
(income statement) which is one of the last schedules
in a personal income tax return. |
Business expenses which cease as
a result of the accident shall be deducted from
a person's income from self-employment before calculating
his or her gross weekly income.
Quick estimate would be: Revenue less non-continuing
expenses. |
| Time period
on which self- employed benefits are calculated |
Insured may designate either the
52 weeks prior to the loss or the last fiscal year
completed before the accident if the business completed
a fiscal year. |
Insured may designate either the
52 weeks or 156 weeks prior to the loss. If the
insured person commenced the self- employment in
the 52 weeks prior to the loss, then the period
of self-employment may be extrapolated to determine
annual income. |
Income shall be deemed to be the
greatest of the average gross weekly income for
the four weeks preceding the accident and the 52
weeks preceding the accident and $232.00 |
| Net weekly
income |
Gross annual income less: Employment
Insurance Premiums, Canada Pension Plan Contributions,
Federal and Provincial income taxes; divided by
52 weeks. |
Gross annual income less: Employment
Insurance Premiums, Canada Pension Plan Contributions,
Federal and Provincial income taxes; divided by
52 weeks. Or table method may be used by insurer
for all claims . Tables provided by the Ontario
Insurance Commission |
Not applicable as all calculations
are based on gross weekly income. |
| Weekly Benefit |
80% of Net Weekly Income |
90% of Net Weekly Income |
80% of Gross Weekly Income |
| Subsequent
Losses |
Adjusted to add 80% of losses incurred
as a result of accident, however, effective October
1, 2003, adjusted benefit cannot exceed Policy Maximum.
|
Insurer to add 90% of losses incurred
as a result of accident. |
No provision for losses. |
| Subsequent
Income |
Adjusted to deduct 80% of the net
income from working subsequent to the accident;
however, the subsequent income may be reduced by
expenses necessary to prevent a loss of revenue
or to replace the person's active participation
in the business. |
Insurer may deduct 90% of the net
income from working subsequent to the accident;
however, the subsequent income may be reduced by
expenses necessary to prevent a loss of revenue
or to replace the person's active participation
in the business. |
Insurer may deduct 80% of any income
received or available from any occupation or employment
subsequent to the accident. |
This summary is designed to provide a brief comparison
of legislation in effect since 1990. It is provided with
the understanding that the author is not engaged in rendering
legal or other professional advice. The analysis contained
herein represents the opinions of the authors and should
in no way be construed as being either an official or
unofficial policy of any governmental body. In determining
accident benefits, the actual legislation should be referred
to.
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