86. (1) For the purpose of subsection 29 (1), a person’s net weekly income used in determining the person’s pre-accident earning capacity shall be converted to a full-time net weekly income in accordance with this section if, (a)  the person was employed on a part-time basis at some point during the period of time used under section 9 for the purpose of determining the amount of the person’s weekly income replacement benefits; (b)  the person would have worked on a full-time basis at some time after the accident; and (c)  the gross income used under section 9 for the purpose of determining the amount of the person’s weekly income replacement benefits includes income from employment other than self-employment.  O. Reg. 776/93, s. 86 (1). (2) The full-time net weekly income shall be determined in accordance with section 81 or 82 using a gross annual income determined in accordance with the following formula: A = B × C × 52 where, A =  the gross annual income, B =  the person’s hourly rate of wages or salary in the employment designated under subsection (3), C =  the number of hours in a regular work week for a person employed on a full-time basis in the employment designated under subsection (3), determined in accordance with subsection (4). O. Reg. 776/93, s. 86 (2). (3) For the purpose of subsection (2), the person shall designate one employment, other than self-employment, in which the person engaged on a part-time basis during the time period used under section 9 for the purpose of determining the amount of the person’s weekly income replacement benefits.  O. Reg. 776/93, s. 86 (3). (4) For the purpose of subsection (2), the number of hours in a regular work week for a person employed on a full-time basis in the employment designated under subsection (3) shall be determined in accordance with the following rules: 1.  If the number of hours in a regular work week for a person employed on a full-time basis is fixed by a collective agreement or by law for a person employed in the position in which the person whose full-time net weekly income is to be determined was employed, that number of hours shall be used for the purpose of subsection (2). 2.  If rule 1 does not apply but there is a standard number of hours in a regular work week for a person employed on a full-time basis in the position in which the person whose full-time net weekly income is to be determined was employed, that number of hours shall be used for the purpose of subsection (2). 3.  If rules 1 and 2 do not apply but there is a standard number of hours in a regular work week for other persons employed on a full-time basis in the workplace in which the person whose full-time net weekly income is to be determined was employed, that number of hours shall be used for the purpose of subsection (2). 4.  If rules 1 to 3 do not apply but there is a standard number of hours in a regular work week for persons employed on a full-time basis in the industry or profession in which the person whose full-time net weekly income is to be determined was employed, that number of hours shall be used for the purpose of subsection (2). 5.  If rules 1 to 4 do not apply but there is a reasonable method for establishing the number of hours in a regular work week for a person employed on a full-time basis for the purpose of subsection (2), that method shall be used. 6.  If rules 1 to 5 do not apply, the number of hours in a regular work week for a person employed on a full-time basis shall be deemed to be 36.5 hours for the purpose of subsection (2).  O. Reg. 776/93, s. 86 (4). Severance Pay, Termination Pay

87. For the purpose of this Regulation, payments of severance pay or termination pay shall not be included in a determination of a person’s income.  O. Reg. 776/93, s. 87. PART XX   MISCELLANEOUS Application

88. (1) The benefits set out in this Regulation shall be provided under every contract evidenced by a motor vehicle liability policy in respect of accidents occurring after December 31, 1993 and before November 1, 1996.  O. Reg. 463/96, s. 2. (2) Benefits payable under this Regulation in respect of an insured person shall be paid by the insurer who is liable to pay under subsection 268 (2) of the Insurance Act.  O. Reg. 776/93, s. 88 (2). (3) Subject to Part XIV, the insurer shall pay the benefits under this Regulation despite section 225, subsection 233 (1), section 240 and subsection 265 (3) of the Insurance Act.  O. Reg. 776/93, s. 88 (3). Method of Payment

89. Subject to clause 69 (1) (b) and to section 271 of the Insurance Act, payment of a benefit under this Regulation shall be made by cheque payable to the person entitled to the benefit, despite any direction to the contrary.  O. Reg. 776/93, s. 89. Assignment of Benefits

90. (1) The assignment of a benefit under this Regulation is void.  O. Reg. 776/93, s. 90 (1). (2) Subsection (1) does not apply to, (a)  the assignment of a benefit to the Ministry of Community and Social Services; or (b)  the assignment of a benefit to the Ministry of Health in respect of a service, benefit or entitlement provided under an Act the administration of which was transferred by Order-in-Council from the Ministry of Community and Social Services to the Ministry of Health.  O. Reg. 776/93, s. 90 (2). Company Automobiles, Rental Automobiles