Documents

New Provisions of the Public Automobile Insurance Plan and the Highway Safety Code

The Act to amend the Automobile Insurance Act, the Highway Safety Code and other provisions has been adopted by the National Assembly. The various provisions of the Act will come into force gradually as of May 26, 2022.

The new measures that have been introduced aim mainly to update certain aspects of the public automobile insurance plan, to provide better financial compensation to traffic accident victims and to improve the road safety record.

The new measures will have an impact on:

When additional information on the measures and resulting rules is available, you can refer to it by clicking on the corresponding link under the description of the measure or rule in question.


Public insurance plan – Automobile insurance act

Income replacement indemnity payable until death

The income replacement indemnity may be extended under certain conditions and may continue to be paid from age 68 until the accident victim’s death.

Comes into force on July 1, 2022

Injuries or impairment granting entitlement to an income replacement indemnity calculated on the basis of income that must not be less than the average earnings of Québec workers

Accident victims who have sustained serious injuries or impairment (as determined by regulation), such as accident victims who have become tetraplegic or paraplegic or who have lost their eyesight, may be entitled to an income replacement indemnity that is calculated on the basis of income that must not be less than the average earnings of Québec workers.

Comes into force on July 1, 2022

Personal home assistance

Accident victims eligible for personal home assistance who require continual attendance are entitled to a maximum weekly reimbursement of up to $1,500.

The maximum weekly reimbursement is also $1,500 in the case of accident victims whose personal home assistance needs have been assessed as being greater than those granting entitlement to the standard maximum amount, which is $949 in 2022.

Comes into force on July 1, 2022

Death benefit paid to a spouse

The death benefit paid to a spouse is now equivalent to five times the amount of the deceased’s income, regardless of that person’s age at the time of death.

The minimum amount of the indemnity is set at $148,605.

Comes into force on July 1, 2022

Funeral expenses – lump sum indemnity

The lump sum indemnity for funeral expenses is $7,500.

Comes into force on July 1, 2022

Care expenses – reimbursement

The maximum reimbursement for care expenses is now $330 for the care of one person, $360 for the care of two people and $410 for the care of three or more people.

Comes into force on July 1, 2022

Reimbursement of fees paid to obtain an expert report

The SAAQ may now reimburse the fees incurred to obtain an expert report in the context of an application for reconsideration of an initial decision, as was already the case in the context of an application for review or a proceeding before the Administrative Tribunal of Québec.

The maximum reimbursement is set at $1,600 for an expert report prepared following an assessment by a single health professional, and $4,800 for an expert report prepared following an assessment by more than one health professional.

Comes into force on July 1, 2022

Setting of maximum amounts for expense claims and indemnities

The SAAQ may set, by regulation, a maximum amount for expense claims and for the indemnities for certain types of expenses currently provided for under the Automobile Insurance Act.

A revalorization mechanism is provided for all expense claims and indemnities whose maximum is set by regulation.

Comes into force on July 1, 2022

Back to top


Transportation and commercial vehicle industry – vehicles and equipment

Threshold for disposing of an unclaimed seized vehicle

To be disposed of, unclaimed seized vehicles must now be worth at least $5,000, instead of $3,000.

Comes into force on July 1, 2022

Towing fees for seized vehicles

The formula for indexing the towing fees for seized vehicles has been revised and is now included in the Regulation respecting towing and impounding charges for seized road vehicles.

Comes into force on July 1, 2022

Flashing green lights for tow truck drivers and firefighters

Drivers of tow trucks equipped with flashing or rotating yellow lights are authorized to use a flashing green light when the tow truck’s yellow lights are activated and the tow truck is required by an emergency service.

In the case of firefighters, authorization from the SAAQ to use a flashing green light has been replaced by authorization from the municipal authority that established the fire safety service.

Will come into force by order of the government

Electronic logging devices – heavy vehicle drivers and operators

Use of an electronic logging device to keep a record of hours of driving is mandatory for heavy vehicle drivers and operators. The terms and conditions of use will be determined by regulation.

Will come into force by order of the government

Remote audit – transportation business

Carrier enforcement officers may require that a transportation business send them the information or documents needed to carry out a remote audit.

Comes into force on July 25, 2022

Construction trailers exceeding 2.6 metres in width – taillights, brake lights and signal lights

Construction trailers exceeding 2.6 metres in width are exempt from being equipped with certain lights normally required under the Highway Safety Code. The rear of such vehicles must, however, be equipped at all times with at least the following: taillights, brake lights and turn-signal lights. Detachable equipment may be used to replace these lights.

When operated at night, construction trailers must be equipped with reflective material on each of the longest sides.

Comes into force on July 25, 2022

Construction trailers – mudguards

Under certain conditions, construction trailers—regardless of their width—may be exempt from being equipped with mudguards.

Comes into force on July 25, 2022

Farm trailers, farm machinery and trailers used for the exclusive transport of unprocessed timber – lights

The rear of farm trailers, farm machinery and trailers used for the exclusive transport of unprocessed timber must at least be equipped with red taillights when operated at night. Detachable equipment may be used to replace these lights.

Comes into force on July 25, 2022

Back to top


Access to the road network

Staff of diplomatic missions and international organizations

Certain driver’s licence and vehicle registration privileges granted under agreements entered into by the government with international organizations established in Québec have been updated.

Comes into force on May 26, 2022

Operation of military-type road vehicles

The operation of military-type road vehicles is authorized on all public roadways as long as the vehicles comply with the conditions that will be set out by government regulation.

Will come into force by order of the government

Temporary operation of a severely damaged vehicle

The temporary operation of a severely damaged motor vehicle that is being rebuilt is authorized for the purposes of dynamic recalibration of driving assistance systems, provided a temporary registration certificate has been issued in compliance with the conditions that will be set out by government regulation.

Will come into force by order of the government

Back to top


Road Safety

Government recalls – Environment Canada

The SAAQ may communicate information to Environment Canada for the purposes of identifying vehicle owners in the event of a recall related to non-compliance with environmental standards.

Comes into force on May 26, 2022

Zero alcohol for holders of a learner’s licence – addition of a class

Holders of a driver’s licence who wish to add Class 1, 2, 3, 5 or 6 to their current licence are subject to the zero alcohol rule when operating the vehicle they are learning to drive for the duration of the period of the learner’s licence.

Individuals who fail to comply with this rule will have the learner’s licence immediately suspended for 90 days and be liable to a fine of $300 to $600.

Will come into force by order of the government

Extension of the mandatory period for using an alcohol ignition interlock device (Condition X) in the event of non-compliance

The mandatory period for using an alcohol ignition interlock device will be automatically extended in the event of non-compliance with determined criteria for holders of a licence with Condition X. The terms and conditions will be specified by regulation.

Will come into force by order of the government

Penal provision – protective helmet and protective eyewear – refusal to hand over to a peace officer for inspection

Persons riding a motorcycle, moped or motorized scooter or sidecar who refuse to let their protective helmet and/or eyewear be inspected upon request by a peace officer are liable to a fine of $200 to $300.

Comes into force on July 25, 2022

Powers of the judge – lifting of the cancellation of a licence upon appeal of a conviction for a criminal offence

The power of a judge to suspend the effects of the cancellation of a licence during the appeal of a conviction for a criminal offence related to the operation of a road vehicle has been set out in the Highway Safety Code.

In addition, the clerk of the Court is required to inform the SAAQ of the order regarding the effects of the cancellation of the licence, as well as the judge’s final decision further to the appeal of a conviction.

Comes into force on May 26, 2022

School zones and school periods

The government may, by regulation, define the school period and establish criteria for determining a school zone.

The person responsible for the maintenance of a public roadway is required to install appropriate signs and signals to indicate the beginning and end of a school zone in compliance with the establishment criteria determined by regulation.

Lastly, the fines collected for speeding offences recorded by a photo radar device in a school zone during the school period will be credited to the Fonds de la sécurité routière retroactively to August 1, 2019.

Comes into force on July 25, 2022

Flagpersons – direction of traffic during temporary events

Drivers of road vehicles must obey the orders and signals of flagpersons during exceptional events or sports events or competitions taking place on a public roadway.

The person responsible for the maintenance of a public roadway and the organizer of the temporary event must ensure that flagpersons comply with the established clothing standards.

Comes into force on July 25, 2022

Back to top


Other provisions

Act respecting off-highway vehicles

Additional details have been provided regarding certain exemptions set out in the Act respecting off-highway vehicles in connection with the requirement to wear a protective helmet (in French only).

Comes into force on May 26, 2022

Penal measures required for enforcement of the Act have been introduced.

Comes into force on July 25, 2022

Back to top

Last update: July  6, 2022