October 25, 2006
The Lieutenant Governor in Council makes the Minor Injury Amendment Regulation set out in the attached Appendix.
For Information only
Recommended by: Minister of Finance
Authority: Insurance Act
MINOR INJURY AMENDMENT REGULATION
1 The Minor Injury Regulation (AR 123/2004) is amended by this Regulation.
2 Section 1 is amended by adding the following after clause (h):
(h.1) "minor injury amount" means the total amount recoverable under section 6 as damages for non-pecuniary loss for all minor injuries sustained by a claimant as a result of an accident;
3 Section 6 is repealed and the following is substituted:
Damages recoverable for non-pecuniary
loss for minor injuries
6(1) In this section, "Alberta CPI" means the Consumer Price Index for Alberta published by Statistics Canada.
(2) Subject to this section and section 7(2)(a), for the purposes of section 650.1(2) of the Act, the total amount recoverable as damages for non-pecuniary loss for all minor injuries sustained by a claimant as a result of an accident is $4000.
(3) For the 2007 and subsequent calendar years, the minor injury amount shall be increased annually, with effect from January 1, by an amount equal to
(a) the minor injury amount for the previous calendar year,
(b) the annual change in the Alberta CPI, determined in accordance with subsection (4) and rounded to 1/10 of a percentage point.
(4) For the purposes of subsection (3)(b), the change in the Alberta CPI is the amount determined by the formula
X is the annual change in the Alberta CPI;
A is the sum of the 12 individual monthly Alberta CPI indexes for the 12-month period ending on September 30 of the calendar year that ended before the commencement of the calendar year for which the increase is being calculated;
B is the sum of the 12 individual monthly Alberta CPI indexes for the 12-month period immediately preceding the 12-month period referred to in A.
(5) If the annual change is a negative number, that negative number shall be treated as if it were zero.
(6) The minor injury amount for a calendar year after 2006 applies only in respect of accidents that occur during that calendar year.
(7) The Superintendent shall publish the following information in The Alberta Gazette before the end of each calendar year:
(a) the minor injury amount for the following calendar year;
(b) the Superintendent's calculation of that amount.
4 Section 7(2) is amended by striking out "$4000" wherever it occurs and substituting "the minor injury amount".