In most instances, if there is to be a structured settlement, it must be agreed to by parties at the time of settlement (see Tip #1).

There are instances, however, when a structure or periodic payment award may become mandatory (for awards meeting certain criteria) or may be imposed by a court.

Listed below is a list of the various provisions regarding mandated structured settlements in various Provinces, across Canada. 
For the full text of each, click on the citation.

Alberta Judicature Act – Section 19.1
British Columbia Insurance (Vehicle) Act - Section 99
Ontario Insurance Act - Section 267.10 and Ontario Regulation 461/96 – Section 6 (motor vehicle)
Ontario Courts of Justice Act - Section 116 (personal injury)
Ontario Courts of Justice Act - Sections 116.1 (medical malpractice)
Manitoba Court of Queen’s Bench Act - Sections 88.1 to 88.9
Nova Scotia Judicature Act – Sections 35A to 35I
Civil Code of Quebec - Article 1616
Saskatchewan - The Automobile Accident Insurance Act, RSS 1978, c A-35

Under these provisions, a structure is sometimes required; sometimes available in the discretion of a court; and sometimes available at the request of one or both parties.

Questions about any of the above regulations?  Feel free to contact us by email, or toll-free at 1-800-265-8381.