77. (1) The insurer shall pay with respect to a person insured in Quebec who dies or who sustains an impairment as a result of an accident in Quebec or who incurs a cost described in section 36 or 40, as the person may elect, (a)  benefits provided by this Regulation, other than benefits referred to in clause (b); or (b)  benefits in the same amounts and subject to the same conditions as if the person was a resident of Quebec (as defined in the Automobile Insurance Act (Quebec) and the regulations made under that Act) and was entitled to payments under that Act and those regulations.  O. Reg. 776/93, s. 77 (1). (2) A person who elects to claim a benefit as provided in clause (1) (a) is thereafter eligible only for benefits referred to in that clause.  O. Reg. 776/93, s. 77 (2). (3) A person who elects to claim a benefit as provided in clause (1) (b) is thereafter ineligible for benefits referred to in clause (1) (a).  O. Reg. 776/93, s. 77 (3). (4) For the purpose of this Part, a person is insured in Quebec if the person at the time of the accident, (a)  was authorized by law to be or to remain in Canada and was living and ordinarily present in Ontario; (b)  met the criteria prescribed for recovery under the Automobile Insurance Act
(Quebec); (c)  was not the owner or driver of, or an occupant of an automobile registered in Quebec; and (d)  was, (i)  an occupant of the insured automobile, (ii)  the named insured, his or her spouse or a dependant of either of them while the occupant of any automobile, (iii)  a person who was not the occupant of an automobile and was struck by the insured automobile, (iv)  the named insured, his or her spouse or a dependant of either of them and was struck by any automobile, (v)  if the named insured is a corporation, unincorporated association, partnership or sole proprietorship, a person for whose regular use the insured automobile was supplied, his or her spouse or a dependant of either of them who suffered an impairment, (A)  while the occupant of any automobile, (B)  by any automobile while not the occupant of the automobile, or (vi)  a person struck by an automobile that was driven by a person described in subclause (i), (ii) or (v).  O. Reg. 776/93, s. 77 (4). Non-Residents

78. (1) A benefit set out in this Regulation that is paid in respect of a person who was not living and ordinarily present in Ontario at the time of the accident shall, if the benefit is provided under a contract evidenced by a motor vehicle liability policy issued in Ontario or under the Motor Vehicle Accident Claims Act, be reduced by the extent to which the person was at fault or negligent in the accident.  O. Reg. 776/93, s. 78 (1). (2) Subsection (1) does not apply to a benefit paid to a person who, at the time of the accident, (a)  was an occupant of an insured automobile; (b)  was a named insured under a contract evidenced by a motor vehicle liability policy; or (c)  was the spouse of a person referred to in clause (b) or a dependant of the person or of his or her spouse.  O. Reg. 776/93, s. 78 (2). PART XVIII   INDEXATION Weekly Benefits

79. (1) Each of the following amounts shall be revised, effective the 1st day of January in every year after 1994, by adjusting the amount by the indexation percentage published under section 268.1 of the Insurance Act: 1.  The net weekly income from employment used to determine the amount of a person’s weekly income replacement benefit under Part II. 2.  The amount of a person’s weekly education disability benefit under section 15. 3.  The amount of a person’s weekly caregiver benefit under Part IV. 4.  The net weekly incomes used to determine the amount of a person’s weekly loss of earning capacity benefit under Part VI, if the benefit is payable to a person who is less than sixty-five years of age. 5.  The amount of a person’s weekly loss of earning capacity benefit under Part VI, if the person is sixty-five years of age or more and is not receiving a weekly benefit of $185 under subsection 35 (2).  O. Reg. 776/93, s. 79 (1). (2) Subsection (1) does not apply to the amount referred to in paragraph 1 of subsection (1) if the person has been receiving the weekly income replacement benefits for less than one year after the onset of the disability in respect of which the benefits are payable.  O. Reg. 776/93, s. 79 (2). (3) No amount shall be reduced by the operation of subsection (1).  O. Reg. 776/93, s. 79 (3). (4) The amount of a weekly loss of earning capacity benefit under Part VI that is payable to a person who is receiving a weekly benefit of $185 under subsection 28 (3) or 35 (2) shall be revised to the amount to which it would have been revised under subsection (1) if subsection 28 (3) or 35 (2) had never applied to the person, effective the 1st day of January in the year in which, if subsection 28 (3) or 35 (2) had never applied, the person’s weekly benefit would have been revised to an amount greater than $185.  O. Reg. 776/93, s. 79 (4). Monetary Amounts in this Regulation

80. (1) Every monetary amount referred to in this Regulation shall be revised, effective the 1st day of January in every year after 1994, by adjusting the amount by the indexation percentage published under section 268.1 of the Insurance Act.  O. Reg. 776/93, s. 80 (1). (2) On or before the 1st day of January in every year, the Superintendent shall publish in The Ontario Gazette the amounts to which each monetary amount referred to in this Regulation will be revised by the operation of subsection (1).  O. Reg. 776/93, s. 80 (2); O. Reg. 304/98, s. 6. (3) Subsections (1) and (2) do not apply to the following amounts: 1.  The $185 amount referred to in subsection 10 (2). 2.  The $185 amount referred to in subsection 19 (2). 3.  The $185 amount referred to in subsection 28 (3). 4.  The $185 amount referred to in subsection 35 (2). 4.1  The $3,000 amount referred to in subsection 36 (5). 4.2  The $2,000 amount referred to in clause 39 (2) (b). 4.3  The $1,850 amount referred to in subsection 75 (11). 5.  The $185 amount referred to in paragraph 5 of subsection 79 (1). 6.  The $185 amounts referred to in subsection 79 (4). 7.  The $96,200 amount referred to in clause 82 (3) (a). 8.  The $1,850 amount referred to in clause 82 (3) (b).  O. Reg. 776/93, s. 80 (3); O. Reg. 781/94, s. 23. part XIX   income calculations Net Weekly Income Formula

81. (1) For the purpose of this Regulation, a person’s net weekly income from employment shall be determined in accordance with the following formula: A = (B – C – D – E)/52 where, A =  the person’s net weekly income from employment, B =  the person’s gross annual income from employment, C =  the annual premium payable by the person under the Unemployment Insurance Act (Canada) on the gross annual income from employment, D =  the annual contribution payable by the person under the Canada Pension Plan on the gross annual income from employment, E =  the income tax payable by the person under the Income Tax Act (Canada) and the Income Tax Act (Ontario) on the gross annual income from employment. O. Reg. 776/93, s. 81 (1). (2) For the purpose of subsection (1), the person whose net weekly income from employment is to be determined shall be deemed to be a resident of Ontario.  O. Reg. 776/93, s. 81 (2). Net Weekly Income Tables