2. (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”) “assessment of attendant care needs” means a written assessment of attendant care needs that satisfies the requirements of section 39; (“évaluation des besoins en soins auxiliaires”) “attendant care benefit” means the benefit provided by section 16; (“indemnité de soins auxiliaires”) “business day” means a day that is not, (a)  Saturday, or (b)  a holiday within the meaning of subsection 29 (1) of the Interpretation Act, other than Easter Monday and Remembrance Day; (“jour ouvrable”) “caregiver benefit” means the benefit provided by Part IV; (“indemnité de soignant”) “case manager” means a person who provides services related to the coordination of goods or services for which payment is provided by a medical, rehabilitation or attendant care benefit; (“gestionnaire de cas”) “chiropractor” means a person authorized by law to practise chiropractic; (“chiropraticien”) “death benefit” means the benefit provided by section 25; (“prestation de décès”) “dentist” means a person authorized by law to practise dentistry; (“dentiste”) “designated assessment” means an assessment arranged or conducted by a designated assessment centre under section 43; (“évaluation désignée”) “designated assessment centre” means an assessment centre that was designated before January 1, 2005 under section 52 as that section read on February 28, 2006; (“centre d’évaluation désigné”) “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 a claim for a benefit set out in this Regulation; (“certificat d’invalidité”) “funeral benefit” means the benefit provided by section 26; (“indemnité pour frais funéraires”) “Guideline” means, (a)  a guideline issued by the Superintendent under subsection 268.3 (1) of the Act that is published in The Ontario Gazette, (b)  a Pre-approved Framework Guideline, (c)  a guideline that is included in the professional fee guidelines, the Transportation Expense Guidelines or the Optional Indexation Benefit Guidelines, as published in The Ontario Gazette by the Ontario Insurance Commission or Financial Services Commission of Ontario, (d)  a guideline published in The Ontario Gazette that is an amended version of a guideline referred to in clause (a), (b) or (c); (“directive”) “health practitioner”, in respect of a particular impairment, means a physician or, (a)  a chiropractor, if the impairment is one that a chiropractor is authorized by law to treat, (b)  a dentist, if the impairment is one that a dentist is authorized by law to treat, (b.1)  an occupational therapist, if the impairment is one that an occupational therapist is authorized by law to treat, (c)  an optometrist, if the impairment is one that an optometrist is authorized by law to treat, (d)  a psychologist, if the impairment is one that a psychologist is authorized by law to treat, (e)  a physiotherapist, if the impairment is one that a physiotherapist is authorized by law to treat; (“praticien de la santé”) (f)  a registered nurse with an extended certificate of registration, if the impairment is one that the nurse is authorized by law to treat, or (g)  a speech-language pathologist, if the impairment is one that a speech-language pathologist is authorized by law to treat; “impairment” means a loss or abnormality of a psychological, physiological or anatomical structure or function; (“déficience”) “income replacement benefit” means the benefit provided by Part II; (“indemnité de remplacement de revenu”) “insured automobile”, in respect of a particular motor vehicle liability policy, means any automobile covered by the policy; (“automobile assurée”) “insured person”, in respect of a particular motor vehicle liability policy, means, (a)  the named insured, any person specified in the policy as a driver of the insured automobile, the spouse of the named insured and any dependant of the named insured or spouse, if the named insured, specified driver, spouse or dependant, (i)  is involved in an accident in or outside Ontario that involves the insured automobile or another automobile, or (ii)  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)  in respect of accidents in Ontario, a person who is involved in an accident involving the insured automobile, and (c)  in respect of accidents outside Ontario, a person who is an occupant of the insured automobile and who is a resident of Ontario or was a resident of Ontario at some point during the 60 days before the accident; (“personne assurée”) “medical benefit” means the benefit provided by section 14; (“indemnité pour frais médicaux”) “member of a health profession” means a member of a College as defined in the Regulated Health Professions Act, 1991; (“membre d’une profession de la santé”) “non-earner benefit” means the benefit provided by Part III; (“indemnité de personne sans revenu d’emploi”) “occupational therapist” means a person authorized by law to practise occupational therapy; (“ergothérapeute”) “optometrist” means a person who is authorized by law to practise optometry; (“optométriste”) “person in need of care” means, in respect of an insured person, another person who is less than 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”) “personal information” means information that is personal information for the purposes of the Personal Information Protection and Electronic Documents Act (Canada) and personal health information for the purposes of the Personal Health Information Protection Act, 2004; (“renseignements personnels”) “physician” means a person authorized by law to practise medicine; (“médecin”) “Pre-approved Framework Guideline” means a guideline, (a)  that is issued by the Superintendent under subsection 268.3 (1.1) of the Act and published in The Ontario Gazette, and (b)  which establishes, in respect of one or more impairments, a treatment framework; (“directive relative à un cadre de traitement préapprouvé”) “psychologist” means a person authorized by law to practise psychology; (“psychologue”) “physiotherapist” means a person authorized by law to practice physiotherapy; (“physiothérapeute”) “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”) “rehabilitation benefit” means the benefit provided by section 15; (“indemnité de réadaptation”) “social worker” means a member of the Ontario College of Social Workers and Social Service Workers who holds a certificate of registration for social work under the Social Work and Social Service Work Act, 1998; (“travailleur social”) “speech-language pathologist” means a person authorized by law to practise speech-language pathology; (“orthophoniste”) “spouse” has the same meaning as in Part VI of the Insurance Act; (“conjoint”)  O. Reg. 403/96, s. 2 (1); O. Reg. 114/00, s. 1 (1, 2); O. Reg. 281/03, s. 1 (1-4); O. Reg. 458/03, s. 1; O. Reg. 314/05, s. 1 (1, 2); O. Reg. 546/05, s. 1; O. Reg. 533/06, s. 1; O. Reg. 295/07, s. 1. (1.1) For the purposes of this Regulation, a catastrophic impairment caused by an accident that occurs before October 1, 2003 is, (a)  paraplegia or quadriplegia; (b)  the amputation or other impairment causing the total and permanent loss of use of both arms; (c)  the amputation or other impairment causing the total and permanent loss of use of both an arm and a leg; (d)  the total loss of vision in both eyes; (e)  brain impairment that, in respect of an accident, results in, (i)  a score of 9 or less on the Glasgow Coma Scale, as published in Jennett, B. and Teasdale, G., Management of Head Injuries, Contemporary Neurology Series, Volume 20, F.A. Davis Company, Philadelphia, 1981, according to a test administered within a reasonable period of time after the accident by a person trained for that purpose, or (ii)  a score of 2 (vegetative) or 3 (severe disability) on the Glasgow Outcome Scale, as published in Jennett, B. and Bond, M., Assessment of Outcome After Severe Brain Damage, Lancet i:480, 1975, according to a test administered more than six months after the accident by a person trained for that purpose; (f)  subject to subsections (2) and (3), an impairment or combination of impairments that, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, results in 55 per cent or more impairment of the whole person; or (g)  subject to subsections (2) and (3), an impairment that, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, results in a class 4 impairment (marked impairment) or class 5 impairment (extreme impairment) due to mental or behavioural disorder.  O. Reg. 281/03, s. 1 (5); O. Reg. 314/05, s. 1 (1, 2). (1.2) For the purposes of this Regulation, a catastrophic impairment caused by an accident that occurs after September 30, 2003 is, (a)  paraplegia or quadriplegia; (b)  the amputation or other impairment causing the total and permanent loss of use of both arms or both legs; (c)  the amputation or other impairment causing the total and permanent loss of use of one or both arms and one or both legs; (d)  the total loss of vision in both eyes; (e)  subject to subsection (1.4), brain impairment that, in respect of an accident, results in, (i)  a score of 9 or less on the Glasgow Coma Scale, as published in Jennett, B. and Teasdale, G., Management of Head Injuries, Contemporary Neurology Series, Volume 20, F.A. Davis Company, Philadelphia, 1981, according to a test administered within a reasonable period of time after the accident by a person trained for that purpose, or (ii)  a score of 2 (vegetative) or 3 (severe disability) on the Glasgow Outcome Scale, as published in Jennett, B. and Bond, M., Assessment of Outcome After Severe Brain Damage, Lancet i:480, 1975, according to a test administered more than six months after the accident by a person trained for that purpose; (f)  subject to subsections (1.4), (2.1) and (3), an impairment or combination of impairments that, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, results in 55 per cent or more impairment of the whole person; or (g)  subject to subsections (1.4), (2.1) and (3), an impairment that, in accordance with the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, results in a class 4 impairment (marked impairment) or class 5 impairment (extreme impairment) due to mental or behavioural disorder.  O. Reg. 281/03, s. 1 (5). (1.3) Subsection (1.4) applies if an insured person is under the age of 16 years at the time of the accident and none of the Glasgow Coma Scale, the Glasgow Outcome Scale or the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, 1993, referred to in clause (1.2) (e), (f) or (g) can be applied by reason of the age of the insured person.  O. Reg. 281/03, s. 1 (5). (1.4) For the purposes of clauses (1.2) (e), (f) and (g), an impairment sustained in an accident by an insured person described in subsection (1.3) that can reasonably be believed to be a catastrophic impairment shall be deemed to be the impairment that is most analogous to the impairment referred to in clause (1.2) (e), (f) or (g), after taking into consideration the developmental implications of the impairment.  O. Reg. 281/03, s. 1 (5). (2) Clauses (1.1) (f) and (g) do not apply in respect of an insured person who sustains an impairment as a result of an accident that occurs before October 1, 2003 unless, (a)  the insured person’s health practitioner states in writing that the insured person’s condition has stabilized and is not likely to improve with treatment; or (b)  three years have elapsed since the accident.  O. Reg. 403/96, s. 2 (2); O. Reg. 281/03, s. 1 (6). (2.1) Clauses (1.2) (f) and (g) do not apply in respect of an insured person who sustains an impairment as a result of an accident that occurs after September 30, 2003 unless, (a)  the insured person’s health practitioner states in writing that the insured person’s condition is unlikely to cease to be a catastrophic impairment; or (b)  two years have elapsed since the accident.  O. Reg. 281/03, s. 1 (7). (3) For the purpose of clauses (1.1) (f) and (g) and (1.2) (f) and (g), an impairment that is sustained by an insured person but is not listed in the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 4th edition, 1993 shall be deemed to be the impairment that is listed in that document and that is most analogous to the impairment sustained by the insured person.  O. Reg. 403/96, s. 2 (3); O. Reg. 281/03, s. 1 (8). (4) For the purpose of this Regulation, a person suffers a complete inability to carry on a normal life as a result of an accident if, and only 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.  O. Reg. 403/96, s. 2 (4). (5) For the purpose of this Regulation, a person is employed if, for salary, wages, other remuneration or profit, the person is engaged in employment, including self-employment, or is the holder of an office, and “employment” has a corresponding meaning.  O. Reg. 403/96, s. 2 (5). (6) For the purpose of this Regulation, a person is a dependant of another person if the person is principally dependent for financial support or care on the other person or the other person’s spouse.  O. Reg. 403/96, s. 2 (6); O. Reg. 114/00, s. 1 (3); O. Reg. 314/05, s. 1 (3). (7) For the purpose of this Regulation, 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.  O. Reg. 403/96, s. 2 (7). (8) For the purpose of this Regulation, payments of severance pay or termination pay are not payments for loss of income.  O. Reg. 403/96, s. 2 (8). (9) For the purpose of this Regulation, payments for loss of income under an income continuation benefit plan shall be deemed to include the following payments: 1.  Payments of disability pension benefits under the Canada Pension Plan. 2.  Periodic payments of insurance, if the insurance, i.  is offered by the insurer only to persons who are employed at the time the contract for the insurance is entered into, and ii.  is offered by the insurer 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.  O. Reg. 482/01, s. 1. (10) Subsection (9) only applies in respect of accidents that occur on or after January 1, 2002.  O. Reg. 482/01, s. 1. Application