Statutory Accident Benefits Schedule: New rules for 2026

Learn more about the Statutory Accident Benefits Schedule, the specific benefits under it, and the changes that will take effect this year

Statutory Accident Benefits Schedule: New rules for 2026
New rules will be implemented under the Statutory Accident Benefits Schedule this 2026
Contents
  1. What is the Statutory Accident Benefits Schedule?
  2. Changes to the SABS on July 1, 2026
  3. What are the benefits under the Statutory Accident Benefits Schedule?
  4. When does the Statutory Accident Benefits Schedule not apply?

When a crash happens, Ontario's Statutory Accident Benefits Schedule (SABS) is meant to prevent the insured person's life from completely unravelling. With major changes coming in 2026, this article outlines the basics of the Statutory Accident Benefits Schedule and its new rules that Ontario legal professionals and insured persons need to know.

What is the Statutory Accident Benefits Schedule?

The Statutory Accident Benefits Schedule (SABS) in Ontario is a regulation enacted under the provincial Insurance Act. Part of Ontario's no‑fault auto insurance regime, the SABS sets out specific benefits for people injured in a motor vehicle accident.

Changes to the SABS on July 1, 2026

The following changes will be implemented under the SABS for motor vehicle liability policies entered or renewed on or after July 1, 2026:

  • all benefits will be optional, except the Medical, Rehabilitation, and Attendant Care Benefits, which change the amounts that applied under the previous SABS
  • optional benefits will be limited to the following persons:
    • the insured under the insurance policy
    • the insured's spouse
    • the dependents of the insured and the insured's spouse
    • the drivers named in the insurance policy

Learn more about the SABS and its changes with this video:

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  • Income Replacement Benefits
  • Non-Earner Benefits
  • Caregiver Benefits
  • Medical, Rehabilitation and Attendant Care Benefits
  • Death and Funeral Benefits
  • Payment of Other Expenses

We'll discuss these benefits below. This table also summarizes the amounts associated to each benefit that take effect on July 1, 2026:

  Catastrophic Non-Catastrophic Minor
Income Replacement Benefits Amount fixed by the optional benefit Amount fixed by the optional benefit Amount fixed by the optional benefit
Non-Earner Benefits Amount fixed by the optional benefit Amount fixed by the optional benefit Amount fixed by the optional benefit
Caregiver Benefits Amount fixed by the optional benefit    
Medical and Rehabilitation $1,000,000 over insured's lifetime $65,000 over 260 week $3,500 over 260 weeks
Attendant Care Benefits $1,000,000 over insured's lifetime $65,000 over 260 weeks  
Death Benefits Amount fixed by the optional benefit Amount fixed by the optional benefit Amount fixed by the optional benefit
Funeral Benefits Amount not exceeding the amount fixed by the optional benefit Amount not exceeding the amount fixed by the optional benefit Amount not exceeding the amount fixed by the optional benefit
Housekeeping and Maintenance Amount fixed by the optional benefit    

Income Replacement Benefits

To be eligible for Income Replacement Benefits, the insured must meet the following conditions, depending on their employment status at the time of the accident:

  • employed or self-employed: the insured cannot perform essential employment tasks within 104 weeks (about two years) after the accident
  • not employed:
    • if employed for at least 26 weeks (about six months) during the 52 weeks (about 12 months) before the accident; or
    • if receiving benefits under the federal Employment Insurance Act (EIA); or
    • if 16 years old or was excused from attending school under Ontario's Education Act (OEA)

However, the insured will not be eligible for Income Replacement Benefits if they chose to receive the following benefits instead:

  • Non-Earner Benefits
  • Caregiver Benefits

The amount of Income Replacement Benefits will be adjusted once the beneficiary turns 65 years old.

Non-Earner Benefits

The Non-Earner Benefits apply if an insured does not qualify for the Income Replacement Benefits. Other qualifications for these benefits include:

  • the complete inability to carry on a normal life because of the accident, and this inability occurs within 104 weeks (about two years) after the accident
  • being enrolled full-time at an educational institution at the time of the accident, or
  • has completed their education less than one year before the accident, and was neither employed nor self-employed

Caregiver Benefits

Caregiver Benefits are given to an insured if they:

  • sustained a catastrophic impairment due to the vehicular accident
  • are the primary caregiver for, and live with a person, in need of care
  • are not receiving any payment for these caregiving activities

However, the SABS say that this benefit is not available when the insured is eligible and has elected to receive the Income Replacement Benefit or the Non-Earner Benefit.

Medical, Rehabilitation and Attendant Care Benefits

After July 1, 2026, the only SABS benefits that remain mandatory are the Medical, Rehabilitation, and Attendant Care Benefits. The common requisites among these three benefits are the following:

  • these should be reasonable and necessary expenses incurred by the insured
  • it must not exceed the maximum rate prescribed by the SABS

Limitations of Medical and Rehabilitation benefits

In addition, the SABS provide for the following limitations for each type of benefit:

  • Medical Benefits: goods or services must not be experimental in nature
  • Rehabilitation Benefits: do not include the following:
    • renovation costs for areas of the home that are not needed for the insured's ordinary living
    • purchasing a new home, whose value is more than the renovations of the insured's existing home
    • expenses for purchasing or modifying a car that are incurred within five years after the last expense for that vehicle

Duration of the benefits

Except for catastrophic injuries, all these benefits shall not last for more than the following:

  • 260 weeks (about 5 years) after the accident: if the insured was at least 18 years old at the time of the accident
  • when the insured turned 28 years old: if the insured was under 18 years old at the time of the accident

These durations do not apply if the insured is entitled to the optional Medical, Rehabilitation, and Attendant Care Benefits.

Death and Funeral Benefits

Death and Funeral Benefits will be optional for policies issued or renewed after July 1, 2026. Death Benefits are given to the insured's spouse or dependents if the insured died either within:

  • 180 days (about six months) after the accident, or
  • 156 weeks (about three years) after the accident, if during that period the insured was continuously disabled because of the accident

However, Death Benefits are unavailable if the beneficiary dies either:

  • before the insured, or
  • within 30 days after the insured

If the insured had two or more spouses, the SABS provide that these Death Benefits will be given to all of them equally.

Additional Optional Benefits

Aside from the benefits under the SABS listed above, certain other expenses may be payable by the insurer, including:

  • Lost Educational Benefits: if the insured is enrolled at an educational institution at the time of the accident, and is unable to continue studying because of the accident
  • Expenses of Visitors: this includes necessary expenses incurred not more than 104 weeks (about 2 years) after the accident when the spouse and other specified dependents visit the insured
  • Housekeeping and Home Maintenance: applies if the insured suffers a catastrophic injury because of the accident, affecting their ability to perform housekeeping and home maintenance
  • Damage to Medical or Dental Devices: these benefits include clothing, prescription eyewear, dentures, hearing aids, prostheses, and other devices that were lost or damaged due to the accident
  • Cost of Examinations: these are the expenses by the insured that are reasonably related to any assessment or examination necessary for the other benefits under the SABS

These will remain optional benefits after July 1, 2026, as they were under the previous SABS.

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When does the Statutory Accident Benefits Schedule not apply?

The SABS exclusion provisions set out situations where the insurer is not required to pay certain benefits:

  • if the driver:
    • knew, or ought reasonably to have known, that the vehicle is not insured
    • was driving without a valid driver's license
    • is excluded under the automobile insurance contract
    • was driving the vehicle without its owner's consent
  • in respect of any person:
    • if there's material misrepresentation that induced the insurer to enter the automobile insurance contract
    • if they're engaged in a criminal offence at the time of the accident, and was convicted for the same offence
    • if they did not follow the demand of a police officer for a roadside coordination test, breath screening test, or drug screening test
  • in respect to a vehicle's passenger:
    • if they knew, or ought to have reasonably known, that the driver was driving the vehicle without its owner's consent

The benefits that are non-payable to the above-mentioned persons are:

  • Income Replacement Benefits
  • Non-Earner Benefits
  • Lost Educational Expenses
  • Expenses of Visitors
  • Housekeeping and Home Maintenance

Under the SABS, a criminal offence is not limited to driving under the influence of drugs or alcohol. It also includes other offences under the Criminal Code, whether related to motor vehicles or not.

The Statutory Accident Benefits Schedule: Protecting Ontarians in every crash

Ontario's Statutory Accident Benefits Schedule is not going away, but it will look very different after July 1, 2026. As clients need clear advice, legal professionals are at the centre of this shift. They explain which optional and mandatory benefits apply in each case and how those benefits still matter after the changes.

Visit our Events page for upcoming conferences that can support your practice, including sessions on personal injury and Ontario's Statutory Accident Benefits Schedule.