Insurance Amendment Act (Elements in Classifying Risks for Automobile Insurance), 2012 Sergio, Mario — Bill 43 (40th Parliament, 1st Session)

Bill 43, 40-1

Ontario — Bills

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Bill 43, Insurance Amendment Act (Elements in Classifying Risks for Automobile Insurance), 2012

Sergio, Mario

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[40] Bill 43 Original (PDF)

Bill 43 2012

An Act to amend the Insurance Act with respect to the

elements used in classifying risks for a coverage or category of automobile

insurance

Note:

This Act amends the Insurance Act. For the legislative history of the Act, see

the Table of Consolidated Public Statutes – Detailed Legislative History at

www.e-Laws.gov.on.ca.

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. Subsection 121 (1) of the Insurance Act is

amended by adding the following paragraphs:

36.3 defining

"driving record" for the purposes of paragraph 1 of subsection 417.0.0.1 (1);

36.4 respecting

transitional matters related to the implementation of

section 417.0.0.1;

2. The Act is amended by adding the following

section:

Risk classification systems, required elements

417.0.0.1

(1) An

insurer shall use the following elements of a risk classification system in

classifying risks for a coverage or category of automobile insurance:

1. An

element that uses the driving record of a person who would be an insured person

under a contract of automobile insurance, including past claims arising out of

automobile accidents for which the person was partially or entirely at fault.

2. An

element that uses the age of a person who would be an insured person under a

contract of automobile insurance.

3. An

element that uses the type of automobile that would be an insured automobile

under a contract of automobile insurance.

4. Any

element prescribed under paragraph 36 of subsection 121 (1).

Same, prohibited elements

(2) No insurer shall use the following elements of a risk

classification system in classifying risks for a coverage or category of

automobile insurance:

1. Any

element that uses the home address or postal code of a person who would be an

insured person under a contract of automobile insurance.

2. Any

element prescribed under paragraph 36.1 of subsection 121 (1).

Interpretation

(3) For greater certainty, nothing in subsection

(1) prohibits the use of other elements by insurers in classifying risks for a

coverage or category of automobile insurance.

Commencement

3. This Act comes into force on a day to be

named by proclamation of the Lieutenant Governor.

Short title

4. The

short title of this Act is the Insurance Amendment Act (Elements

in Classifying Risks for Automobile Insurance), 2012 .

EXPLANATORY NOTE

The

Bill amends the Insurance

Act . It requires automobile insurers to use a person's driving

record, a person's age and the type of automobile in classifying risks for a

coverage or category of automobile insurance. The Bill also prohibits

automobile insurers from using a person's home address or postal code in

classifying such risks.

Date Bill stage Activity Committee

March 7, 2012

First Reading

Carried

Debates and Progress

First Reading

March 7, 2012

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 43

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Insurance Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 43, 40-1
Type	bill
Volume / chapter	p40 s1 bill 43 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	05d5137364492e0d71f0b3efc9f1c549f871e036

Source file is stored in the law ingest library (html).