38.1(1)In this section and in sections 38.101, 38.11, 38.2, 38.5, 38.51, 38.52, 38.53, 38.6 and 38.8
“average earnings” means the daily, weekly, monthly, or regular remuneration that the worker was receiving at the time of the injury or recurrence of the injury, or receiving previously, or at the time of the loss of earnings, or at the time of death, as may appear to the Commission best to represent the earnings of the worker, unless the worker was at the date of the accident under twenty-one years of age and it is established to the satisfaction of the Commission that under normal conditions the earnings would probably increase, in which case this fact should be considered in determining the worker’s average earnings and in no case shall average earnings exceed the maximum annual earnings;(salaire moyen)
“average net earnings” means the average earnings of the worker less any income tax and premiums under the Employment Insurance Act and contributions under the Canada Pension Plan that would be payable by the worker based on those earnings;(salaire moyen net)
“loss of earnings” means
(perte de gains)
(a)
average net earnings, less
(b)
the earnings the worker is estimated to be capable of earning at a suitable occupation after sustaining the injury, less any income tax and premiums under the
Employment Insurance Act and contributions under the
Canada Pension Plan that would be payable by the worker based on those earnings;
“maximum annual earnings” means the amount set pursuant to subsection (3);(salaire annuel maximum)
“New Brunswick Industrial Aggregate Earnings” means the amount set by the Commission as of the first day of January of each year, which shall be equal to $27,323 for the year 1993 and which shall thereafter be increased by the percentage increase in the Consumer Price Index for Canada for all items for the twelve month period ending the thirtieth day of June in each year as determined by the Commission in August of each year on the basis of monthly reports published in that respect by Statistics Canada for that period;(salaire pour l’ensemble des activités économiques au Nouveau-Brunswick)
“pre-accident earnings” means the daily, weekly, monthly or regular remuneration that the worker was receiving at the time of the injury or recurrence of the injury, as may appear to the Commission best to represent the earnings of the worker;(gains avant l’accident)
“pre-accident net earnings” means the pre-accident earnings of the worker less any income tax and premiums under the Employment Insurance Act and contributions under the Canada Pension Plan that would be payable by the worker based on those earnings.(gains nets avant l’accident)