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THE FOLLOWING CASE STUDY WILL HELP ROAD ACCIDENT VICTIMS WHO HAD THE MISFORTUNE, OF DEALING WITH GOVERNMENT SERVANTS OF SAAQ, REVENUE QUEBEC, REVENUE CANADA AND QUEBEC PENSION FUND.

 

THIS CASE PERTAINS TO CONTRADICTION OF TAX LAWS OF CANADA, THE PROVINCE OF QUEBEC; AND THE INTERPRETATION AND IMPLEMENTATION OF LAWS PERTAINING TO THE AUTOMOBILE INSURANCE ACT OF QUEBEC, THE QUEBEC PENSION FUND ACT AND THE INCOME TAX LAWS OF QUEBEC AND CANADA. IT IS VERY IMPORTANT TO NOTE THAT THIS CASE STUDY IS ONLY APPLICABLE TO ACCIDENT VICTIMS DATED PRIOR TO 1996 AS THE LAWS WERE REVISED AFTER THIS PERIOD.

   

THE MAIN CULPRIT IN THIS CASE IS THE SAAQ WHO HAS USED A LOOPHOLE IN THE AUTOMOBILE INSURANCE ACT TO SUBSIDIZE THEIR PAYMENTS OF INDEMNITY PENSION TO A ROAD ACCIDENT VICTIM AND EVENTUALLY CREATE A NIGHTMARE FOR THE VICTIM WITH OTHER GOVERNMENT DEPARTMENTS.

 

AT THIS JUNCTURE I WOULD LIKE TO INFORM THE READERS THAT PERSISTANCE AND TENACITY PAYS OFF, AS THE OFFICIALS OF ALL THESE AGENCIES WILL BACK DOWN, BECAUSE THEY ARE AWARE, THAT THEY ARE ON THIN ICE.


I WAS PREPARED TO CHALLENGE THEM IN COURT BUT THEY SETTLED OUT OF COURT BECAUSE THEY DID NOT WANT ANY PUBLICITY.

 
A ROAD ACCIDENT VICTIM AFTER BEING CLASSIFIED AS AN INVALID IS ENTITLED TO AN INDEMNITY PENSION ON A REGULAR BASIS, WHICH IS NON-TAXABLE. (AUTOMOBILE INSURANCE ACT R.S.Q., CHAPTER A – 25 SECTION 52.)


COMPUTATION OF NET INCOME:

- THE NET INCOME OF THE VICTIM IS EQUAL TO HIS GROSS YEARLY EMPLOYMENT INCOME UP TO THE AMOUNT OF THE MAXIMUM YEARLY INSURABLE EARNINGS LESS AN AMOUNT EQUIVALENT TO THE INCOME TAX DETERMINED UNDER THE TAXATION ACT (CHAPTER 1 - 3) AND THE INCOME TAX ACT (STATUTES OF CANADA, 1970-71-72,CHAPTER 63), THE PREMIUM DETERMINED UNDER THE UNEMPLOYMENT INSURANCE ACT (REVISED STATUTES OF CANADA, 1985,CHAPTER U - 1) AND THE CONTRIBUTION DETERMINED UNDER THE ACT RESPECTING THE QUEBEC PENSION PLAN (CHAPTER R- 9), ALL OF WHICH ARE COMPUTED IN THE MANNER PRESCRIBED BY REGULATION -


IN SIMPLE LANGUAGE THIS MEANS THAT THE S A A Q WILL DEDUCT A CERTAIN AMOUNT FROM THE GROSS ALLOCATED TO AN ACCIDENT VICTIM AND PAY 90% OF THE NET.

THIS AMOUNT IS NON TAXABLE AS TAXES HAVE BEEN DEDUCTED FROM THE GROSS.

 
READERS WILL BE SURPRISED TO NOTE THAT ALL THESE DEDUCTIONS MADE ARE NOT REMITED IN ANY WAY WITH ANY GOVERNMENT AGENCY

 
AUTOMOBILE INSURANCE ACT, R.S.Q., CHAPTER A-25, SECTION 83.68 STATES;

- REDUCTION OF INDEMNITY: WHEREBY REASON OF AN ACCIDENT, A VICTIM IS ENTITLED TO BOTH AN INCOME REPLACEMENT INDEMNITY PAYABLE UNDER THIS ACT AND A DISABILITY BENEFIT PAYABLE UNDER AN INCOME SECURITY PROGRAM ESTABLISHED BY THE ACT RESPECTING THE QUEBEC PENSION PLAN (CHAPTER R-9)  OR UNDER A SIMILAR PROGRAM IN ANOTHER JURISDICTION. THE INCOME REPLACEMENT INDEMNITY IS REDUCED BY THE TOTAL OF DISABILITY BENEFITS PAYABLE TO THE VICTIM -

 
IN PLAIN LANGUAGE THIS MEANS THAT AN ACCIDENT VICTIM WILL NOT GET ANYTHING EXTRA, OTHER THAN THE AMOUNT THE SAAQ HAD ALLOCATED. WHATEVER ALLOCATION FROM THE QUEBEC PENSION FUND ONLY GOES TO SUBSIDIZE THE SAAQ.


SECTION 105.1 OF THE QUEBEC PENSION PLAN ACT STATES:

- DISABILITY PENSION ADDED TO INDEMNITY:

NOTWITHSTANDING SECTION 105,THE PAYMENT OF THE DISABILITY PENSION IS INCLUDED IN THE PAYMENT DUE FROM THE SOCIETE DE L'ASSURANCE AUTOMOBILE DU QUEBEC WHERE THE BENEFICIARY IS ENTITLED TO BOTH THE PENSION AND THE INCOME REPLACEMENT INDEMNITY PAYABLE UNDER THE AUTOMOBILE INSURANCE ACT.


(CHAPTER A-25), THE SOCIETE DE L'ASSURANCE AUTOMOBILE DU QUEBEC SHALL PAY THE TOTAL AMOUNT OF THE PENSION AND THE INDEMNITY TO THE BENEFICIARY. THE BOARD SHALL MAKE A GLOBAL, MONTHLY PAYMENT TO THE SOCIETE DE L'ASSURANCE AUTOMOBILE DU QUEBEC FOR THE AMOUNT CORRESPONDING TO THE DISABILITY PENSIONS REFERRED TO IN THE FIRST PARAGRAPH. -


THESE TWO SECTIONS FROM TWO DIFFERENT ACTS CONTRADICT EACH OTHER WHEN ONE LOOKS AT THE TOTAL PAYMENT A ROAD ACCIDENT VICTIM IS SUPPOSED TO RECEIVE:


ONE CLAIMS THAT THERE SHALL BE A DEDUCTION IN THE

INDEMNITY PAYMENT AND THE OTHER CLAIMS THAT THE DISABILITY PENSION SHALL BE ADDED TO THE INDEMNITY PAYMENT. THE SAAQ USED THIS LOOPHOLE TO SUBSIDIZE THEIR PAYMENT TO AN ACCIDENT VICTIM.

 
SECTION 139 OF THE QUEBEC PENSION PLAN ACT STATES:

- PRESUMED APPLICATION: WHERE THE BOARD IS NOTIFIED BY THE SOCIETE DE L'ASSURANCE AUTOMOBILE DU QUEBEC THAT A CONTRIBUTOR IS ENTITLED TO AN INCOME REPLACEMENT INDEMNITY UNDER THE AUTOMOBILE INSURANCE ACT (CHAPTER A-25), THE CONTRIBUTOR IS PRESUMED, FOR THE PURPOSES OF THIS SECTION, TO HAVE MADE AN APPLICATION FOR A DISABILITY PENSION UNDER THIS ACT. THE NOTICE MUST BE ACCOMPANIED WITH A PHOTOCOPY OF THE INCOME REPLACEMENT INDEMNITY APPLICATION AND WITH ALL DOCUMENTS SUPPORTING SUCH APPLICATION -


IN SIMPLE LANGUAGE THIS MEANS THAT SAAQ COULD ACT ON YOUR BEHALF IN DEALING WITH THE QUEBEC PENSION FUND TO GET YOUR PENSION FUND TO SUBSIDIZE THEIR PAYMENTS, BUT THE IRONY IS THAT THE ACCIDENT VICTIM DOES NOT GET ONE DIME EXTRA, OTHER THAN WHAT WAS ALLOCATED TO A VICTIM BY THE SAAQ AT THE INITIAL STAGE.


THIS CREATES THE NEXT PART OF THE NIGHTMARE AN ACCIDENT VICTIM WILL HAVE ENDURED.

THE TAX LAWS - CANADA AND QUEBEC CLEARLY STATE THAT PENSION INCOME FROM PENSION FUNDS ARE TAXABLE THUS THE PENSION THAT GOES TO SUBSIDIZE THE SAAQ INDEMNITY IS TAXABLE.  AS MENTIONED EARLIER.


SECTION 52 OF THE AUTOMOBILE INSURANCE ACT ALLOWS THE SAAQ TO DEDUCT AT SOURCE AN AMOUNT REPRESENTING ALL THE TAXES, UNEMPLOYMENT INSURANCE, AND PENSION CONTRIBUTION.

THE ABSURDITY OF THIS RULE IS THAT THE ACCIDENT VICTIM HAS ALREADY PAID HIS DUES TO THE SAAQ BUT IS HARRASED BY THE TAX DEPARTMENTS - CANADA AND QUEBEC TO PAY TAXES ON THE PENSION FUNDS WHICH GOES TO SUBSIDIZE THE SAAQ.


MY CHALLENGE WAS BASED ON THE ARGUMENT THAT WHY SHOULD ONE PAY TAXES TWO TIMES.

 
I WAS PREPARED TO PAY TAXES IF SAAQ REFUNDS THE FUNDS IT COLLECTED FROM THE PENSION FUNDS.


THE DEDUCTIONS MADE AT SOURCE BY SAAQ SHOULD BE REPRESENTATIVE OF THE ACTUAL AMOUNT SAAQ REMITS TO THE ACCIDENT VICTIM. THIS SHOULD NOT INCLUDE THE CONTRIBUTION FROM THE PENSION FUND.

 
THE PENSION FUND IS TAXABLE AS FAR AS REVENUE QUEBEC AND REVENUE CANADA ARE CONCERNED.


HERE IS THE CHANCE FOR MR.MARTIN, MINISTER OF FINANCE OF CANADA TO COLLECT THE TAXES FROM SAAQ.  THE GOVERNMENT OF QUEBEC DOES NOT NEED TO CLAIM ANY FUNDS AS THEY SIPHON LARGE AMOUNTS OF CASH FROM THE SAAQ, REGULARLY.


THIS MAY BE THE REASON THAT THE GOVERNMENT OF QUEBEC ALLOWS THE SAAQ TO COMMIT ATROCITIES AS THE GOVERNMENT IS AFRAID TO TAME THIS PAPER TIGER, TIN-POT DICTATORS, THE PENCIL PUSHERS AND SEAT WARMERS AS THEY BELIEVE THEY ARE IMMUNE TO THE LAWS OF A CIVILISED SOCIETY.

THE END RESULT OF ALL THIS ENDURANCE IS THAT AN ACCIDENT VICTIM DOES NOT HAVE TO PAY REVENUE QUEBEC OR REVENUE CANADA.


AS I MENTIONED EARLIER THIS APPLIES TO THOSE ACCIDENT VICTIMS PRIOR TO 1996.  IF ANY ACCIDENT VICTIM HAD PAID TAXES TO REVENUE CANADA OR REVENUE QUEBEC BEFORE 1996 SHOULD CLAIM A RETURN OF FUNDS.

 

I HAVE BEEN ALREADY BEEN TAKEN


IN PLAIN LANGUAGE THIS MEANS THAT AN ACCIDENT VICTIM WILL NOT GET ANYTHING EXTRA, OTHER THAN THE AMOUNT THE SAAQ HAD ALLOCATED.

 

WHATEVER ALLOCATION FROM THE QUEBEC PENSION FUND ONLY GOES TO SUBSIDIZE THE SAAQ.

SAM
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