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1.1This Part only applies to a minor personal injury suffered by a plaintiff as a result of an accident that occurs between July 1, 2003, and June 30, 2013, both dates inclusive.

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Definitions

2(1)In this Part

“Act” means the Insurance Act; (Loi)

“plaintiff” means a plaintiff in an action for damages arising out of an accident. (plaignant)

2(2)In this Part and for the purposes of section 265.21 of the Act

“minor personal injury” means an injury that does not result in(blessures personnelles mineures)

(a) permanent serious disfigurement, or

(b) permanent serious impairment of an important bodily function caused by continuing injury which is physical in nature;

“serious impairment” means an impairment that causes substantial interference with a person’s ability to perform their usual daily activities or their regular employment. (déficience grave)

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Application

Repealed: 2013-37

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3Repealed: 2013-37

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Maximum recoverable amount

4For the purposes of subsection 265.21(3) of the Act, the total amount recoverable as damages for the non-pecuniary loss of the plaintiff for all minor personal injuries suffered by the plaintiff as a result of an accident shall not exceed $2,500.

ACCIDENTS OCCURRING ON OR AFTER
JULY 1, 2013

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Application

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4.1This Part only applies to a minor personal injury suffered by a plaintiff as a result of an accident that occurs on or after July 1, 2013.

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Definitions

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4.2(1)The following definitions apply in this Part.

“Act” means the Insurance Act.(Loi)

“plaintiff” means a plaintiff in an action for damages arising out of an accident.(plaignant)

“serious impairment” means, in respect of a plaintiff, an impairment of a physical or cognitive function that (déficience grave)

(a) results in a substantial inability to perform

(i) the essential tasks of the plaintiff’s regular employment, occupation or profession, despite the plaintiff’s reasonable efforts to use any accommodation provided to assist the plaintiff in performing those tasks,

(ii) the essential tasks of the plaintiff’s training or education in a program or course in which the plaintiff was enrolled or had been accepted for enrolment at the time of the accident, despite the plaintiff’s reasonable efforts to use any accommodation provided to assist the plaintiff in performing those tasks, or

(iii) the plaintiff’s normal activities of daily living,

(b) has been ongoing since the accident, and

“sprain” means an injury to one or more tendons or ligaments or to one or more of each.(entorse)

“strain” means an injury to one or more muscles.(foulure)

“whiplash associated disorder” means a whiplash injury that(troubles associés à l’entorse cervicale)

(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.

4.2(2)For the purposes of this Part and section 265.21 of the Act, “minor personal injury” means any of the following injuries, including any clinically associated sequelae, that do not result in serious impairment or in permanent serious disfigurement: (blessures personelles mineures)

(a) a contusion;

(b) an abrasion;

(d) a sprain;

(e) a strain; and

(f) a whiplash associated disorder.

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Maximum amount recoverable

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4.3(1)For the purposes of subsection 265.21(3) of the Act, the maximum amount recoverable as damages for the non-pecuniary loss of the plaintiff for all minor personal injuries suffered by the plaintiff as a result of an accident is $7,500.

4.3(2)On January 1, 2015, and on January 1 of each subsequent year, the amount referred to in subsection (1) shall be adjusted in accordance with the rate of increase in the Consumer Price Index for New Brunswick, not seasonally adjusted, for all items for the previous 12-month period ending December 31, on the basis of monthly reports published in that respect by Statistics Canada for that period.

4.3(3)The maximum amount recoverable for a given year applies only with respect to accidents that occurred in that year.

4.3(4)The Superintendent shall publish, by January 31 of each year, the maximum amount recoverable for that year in a form and manner that makes the information accessible to the public.

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Commencement

5This Regulation comes into force on July 1, 2003.

N.B. This Regulation is consolidated to July 1, 2013.