Definitions and interpretation
 3. (1) In this Regulation, “accident” means an incident in which the use or operation of an automobile directly causes an impairment or directly causes damage to any prescription eyewear, denture, hearing aid, prosthesis or other medical or dental device; (“accident”) “authorized transportation expense” means, in respect of an insured person, expenses related to transportation, (a)  that are authorized by, and calculated by applying the rates set out in, the most recent transportation expense guideline published by the Financial Services Regulatory Authority of Ontario, and (b)  that, unless the insured person sustained a catastrophic impairment as a result of the accident, relate to transportation expenses incurred only after the first 50 kilometres of a trip; (“frais de transport autorisés”) “business day” means a day that is not, (a)  Saturday, or (b)  a holiday within the meaning of section 88 of the Legislation Act, 2006, other than Easter Monday and Remembrance Day; (“jour ouvrable”) “chiropractor” means a person authorized by law to practise chiropractic; (“chiropraticien”) “dentist” means a person authorized by law to practise dentistry; (“dentiste”) “disability certificate” means, in respect of a person, a certificate from a health practitioner of the person’s choice that states the cause and nature of the person’s impairment and contains an estimate of the duration of the disability in respect of which the person is making or has made an application for a benefit described in this Regulation; (“certificat d’invalidité”) “Guideline”
means, (a)  a guideline, including the Minor Injury Guideline, issued by the Chief Executive Officer under subsection 268.3 (1) of the Act and published in The Ontario Gazette, (b)  a guideline that is included in the professional fee guidelines or the Optional Indexation Benefit Guidelines, as published in The Ontario Gazette by the Financial Services Regulatory Authority of Ontario, or (c)  a guideline published in The Ontario Gazette that is an amended version of a guideline referred to in clause (a) or (b); (“directive”) “health practitioner” means, in respect of a particular impairment, (a)  a physician, (b)  a chiropractor, if the impairment is one that a chiropractor is authorized by law to treat, (c)  a dentist, if the impairment is one that a dentist is authorized by law to treat, (d)  an occupational therapist, if the impairment is one that an occupational therapist is authorized by law to treat, (e)  an optometrist, if the impairment is one that an optometrist is authorized by law to treat, (f)  a psychologist, if the impairment is one that a psychologist is authorized by law to treat, (g)  a physiotherapist, if the impairment is one that a physiotherapist is authorized by law to treat, (h)  a registered nurse with an extended certificate of registration, if the impairment is one that the nurse is authorized by law to treat, or (i)  a speech-language pathologist, if the impairment is one that a speech-language pathologist is authorized by law to treat; (“praticien de la santé”) “impairment” means a loss or abnormality of a psychological, physiological or anatomical structure or function; (“déficience”) “insured automobile” means, in respect of a particular motor vehicle liability policy, an automobile covered by the policy; (“automobile assurée”) “insured person” means, in respect of a particular motor vehicle liability policy, (a)  the named insured, any person specified in the policy as a driver of the insured automobile and, if the named insured is an individual, the spouse of the named insured and a dependant of the named insured or of his or her spouse, (i)  if the named insured, specified driver, spouse or dependant is involved in an accident in or outside Ontario that involves the insured automobile or another automobile, or (ii)  if the named insured, specified driver, spouse or dependant is not involved in an accident but suffers psychological or mental injury as a result of an accident in or outside Ontario that results in a physical injury to his or her spouse, child, grandchild, parent, grandparent, brother, sister, dependant or spouse’s dependant, (b)  a person who is involved in an accident involving the insured automobile, if the accident occurs in Ontario, or (c)  a person who is an occupant of the insured automobile and who is a resident of Ontario or was a resident of Ontario at any time during the 60 days before the accident, if the accident occurs outside Ontario; (“personne assurée”) “minor injury” means one or more of a sprain, strain, whiplash associated disorder, contusion, abrasion, laceration or subluxation and includes any clinically associated sequelae to such an injury; (“blessure légère”) “Minor Injury Guideline” means a guideline, (a)  that is issued by the Chief Executive Officer under subsection 268.3 (1.1) of the Act and published in The Ontario Gazette, and (b)  that establishes a treatment framework in respect of one or more minor injuries; (“Directive sur les blessures légères”) “neuropsychologist” means a psychologist authorized by law to practise neuropsychology who has been registered to practice as a neuropsychologist in Canada for a minimum of five years; (“neuropsychologue”) “occupational therapist” means a person authorized by law to practise occupational therapy; (“ergothérapeute”) “Old Regulation” means Ontario Regulation 403/96 (Statutory Accident Benefits Schedule — Accidents on or After November 1, 1996), made under the Act; (“ancien règlement”) “person in need of care” means, in respect of an insured person, another person who is under 16 years of age or who requires care because of physical or mental incapacity; (“personne ayant besoin de soins”) “personal and vocational characteristics” include, (a)  employment history, (b)  education and training, (c)  vocational aptitudes, (d)  vocational skills, (e)  physical abilities, (f)  cognitive abilities, and (g)  language abilities; (“caractéristiques personnelles et professionnelles”) “physician” means a person authorized by law to practise medicine; (“médecin”) “physiotherapist” means a person authorized by law to practice physiotherapy; (“physiothérapeute”) “private corporation” means a corporation whose shares are not publicly traded and that is not controlled by one or more corporations whose shares are publicly traded; (“société fermée”) “psychologist” means a person authorized by law to practise psychology; (“psychologue”) “registered nurse with an extended certificate of registration” means a person authorized by law to practise nursing who holds an extended certificate of registration under the Nursing Act, 1991; (“infirmière autorisée ou infirmier autorisé titulaire d’un certificat d’inscription supérieur”) “regulated health profession” means a profession governed by a College as defined in the Regulated Health Professions Act, 1991 or the Ontario College of Social Workers and Social Service Workers under the Social Work and Social Service Work Act, 1998; (“profession de la santé réglementée”) “regulated health professional” means a member of a regulated health profession; (“professionnel de la santé réglementé”) “self-employed person” means a person who, (a)  engages in a trade, occupation, profession or other type of business as a sole proprietor or as a partner, other than a limited partner, of a partnership, or (b)  is a controlling mind of a business carried on through one or more private corporations some or all of whose shares are owned by the person; (“travailleur indépendant”) “self-employment” means a trade, occupation, profession or other type of business the essential tasks of which are carried on by a self-employed person; (“travail indépendant”) “spouse” has the same meaning as in Part VI of the Act; (“conjoint”) “sprain” means an injury to one or more tendons or ligaments or to one or more of each, including a partial but not a complete tear; (“entorse”) “strain” means an injury to one or more muscles, including a partial but not a complete tear; (“foulure”) “subluxation” means a partial but not a complete dislocation of a joint; (“subluxation”) “whiplash associated disorder” means a whiplash injury that, (a)  does not exhibit objective, demonstrable, definable and clinically relevant neurological signs, and (b)  does not exhibit a fracture in or dislocation of the spine; (“entorse cervicale”) “whiplash injury” means an injury that occurs to a person’s neck following a sudden acceleration-deceleration force. (“coup de fouet cervical”)  O. Reg. 34/10, s. 3 (1); O. Reg. 289/10, s. 1 (1); O. Reg. 251/15, s. 2 (1); O. Reg. 123/19, s. 1 (1-4). (2) The reference in clause (a) of the definition of “authorized transportation expense” to the transportation expense guideline published by the Financial Services Regulatory Authority of Ontario is deemed to include the last Transportation Expense Guideline published by the Financial Services Commission of Ontario prior to the day section 22 of Schedule 13 to the Plan for Care and Opportunity Act (Budget Measures), 2018 came into force until the Financial Services Regulatory Authority of Ontario publishes a subsequent transportation expense guideline. O. Reg. 123/19, s. 1 (5). (3) For the purposes of the definitions of “Guideline” and “Minor Injury Guideline”, references to a guideline issued by the Chief Executive Officer are deemed to include the last guideline issued by the Superintendent for the purposes of the relevant definition prior to the day section 22 of Schedule 13 to the Plan for Care and Opportunity Act (Budget Measures), 2018 came into force until the Chief Executive Officer issues a subsequent guideline for the purposes of the relevant definition. O. Reg. 123/19, s. 1 (5). (4) For the purpose of the definition of “Guideline”, the reference to a guideline published by the Financial Services Regulatory Authority of Ontario is deemed to include the last guideline published by the Financial Services Commission of Ontario for the purposes of that definition prior to the day section 22 of Schedule 13 to the Plan for Care and Opportunity Act (Budget Measures), 2018 came into force until the Financial Services Regulatory Authority of Ontario publishes a subsequent guideline for the purposes of that definition. O. Reg. 123/19, s. 1 (5). (5), (6) Revoked: O. Reg. 251/15, s. 2 (2). (7) For the purposes of this Regulation, (a)  a person suffers a complete inability to carry on a normal life as a result of an accident if, as a result of the accident, the person sustains an impairment that continuously prevents the person from engaging in substantially all of the activities in which the person ordinarily engaged before the accident; (b)  a person is a dependant of an individual if the person is principally dependent for financial support or care on the individual or the individual’s spouse; (c)  an aide or attendant for a person includes a family member or friend who acts as the person’s aide or attendant, even if the family member or friend does not possess any special qualifications; (d)  payments for loss of income under an income continuation benefit plan are deemed to include, (i)  payments of disability pension benefits under the Canada Pension Plan, (ii)  periodic payments of insurance, irrespective of whether the contract for the insurance provides for a waiting period, deductible amount or similar limitation or restriction and irrespective of whether the contract is paid for in whole or in part by the employer, if the insurance is offered by the insurer, (A)  to persons who are employed while the contract for the insurance is in effect, and (B)  only on the basis that the maximum benefit payable is limited to an amount calculated with reference to the insured person’s income from employment; (e)  subject to subsection (8), an expense in respect of goods or services referred to in this Regulation is not incurred by an insured person unless, (i)  the insured person has received the goods or services to which the expense relates, (ii)  the insured person has paid the expense, has promised to pay the expense or is otherwise legally obligated to pay the expense, and (iii)  the person who provided the goods or services, (A)  did so in the course of the employment, occupation or profession in which he or she would ordinarily have been engaged, but for the accident, or (B)  sustained an economic loss as a result of providing the goods or services to the insured person; (f)  an individual who is living and ordinarily present in Ontario is deemed to be the named insured under the policy insuring an automobile at the time of an accident if, at the time of the accident, (i)  the insured automobile is being made available for the individual’s regular use by a corporation, unincorporated association, partnership, sole proprietorship or other entity, or (ii)  the insured automobile is being rented by the individual for a period of more than 30 days; and (g)  an individual who is not living and ordinarily present in Ontario is deemed to be the named insured under the policy insuring an automobile at the time of an accident if, at the time of the accident, (i)  the insured automobile is being made available for the individual’s regular use by a corporation, unincorporated association, partnership, sole proprietorship or other entity, and (ii)  the individual, his or her spouse or any dependant of the individual or spouse is an occupant of the insured automobile. O. Reg. 34/10, s. 3 (7); O. Reg. 289/10, s. 1 (3); O. Reg. 194/11, s. 1. (8) If in a dispute described in subsection 280 (1) of the Act, the Licence Appeal Tribunal finds that an expense was not incurred because the insurer unreasonably withheld or delayed payment of a benefit in respect of the expense, the Licence Appeal Tribunal may, for the purpose of determining an insured person’s entitlement to the benefit, deem the expense to have been incurred. O. Reg. 44/16, s. 1.