Transitional (Insurance Amendment Act, 2008 - Part 5) Regulation (Alta. Reg. 185/2011)

Alta. Reg. 185/2011

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 185/2011 With amendments up to and including Alberta Regulation 103/2017 Current as of June 6, 2017 INSURANCE ACT TRANSITIONAL (INSURANCE AMENDMENT ACT, 2008 –

PART 5) REGULATION

Copyright and Permission Statement The Government of Alberta, through the Alberta King’s Printer, holds copyright for all Alberta legislation. Alberta King’s Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and copyright is acknowledged in the following format: © Alberta King’s Printer, 20__.* *The year of first publication of the legal materials is to be completed.

Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 103/2017) ALBERTA REGULATION 185/2011 Insurance Act TRANSITIONAL (INSURANCE AMENDMENT ACT, 2008 —

PART 5) REGULATION Table of Contents 1

Definitions 2 Purpose 3 Transitional provisions 5 Coming into force

Definitions 1 In this Regulation, (a) “former

Part 5” means

Part 5 of the Insurance Act as it read immediately before the coming into force of

section 29 of the Insurance Amendment Act, 2008; (b) “new

Part 5” means

Part 5 of the Insurance Act as it reads immediately after the coming into force of

section 29 of the Insurance Amendment Act, 2008. Purpose 2 The purpose of this Regulation is to address the transition of certain matters from the former

Part 5 to the new

Part 5. Transitional provisions 3(1) Automobile insurance policy forms approved under

section 610 of the former

Part 5 are deemed to be approved forms under

section 551 of the new

Part 5.

(2) A Government approved industry plan approved under

section 661 of the former

Part 5 is deemed to be approved as a plan under

section 609 of the new

Part 5.

(3) Section 514 of the former

Part 5 continues to apply in respect of an appraisal process that has begun before the date that

section 519 of the new

Part 5 comes into force.

(4) The requirement set out in

section 516(3)(

j) of the new

Part 5 applies only to policies issued or renewed on or after the date that that

section comes into force.

Section 3 AR 185/2011 TRANSITIONAL (INSURANCE AMENDMENT ACT, 2008 —

PART 5) REGULATION 2

(5) Statutory Condition 14 set out in

section 549 of the former

Part 5 continues to apply to a cause of action arising before the coming into force of

section 526 of the new

Part 5.

(6) Section 527 of the new

Part 5 applies only to a cause of action arising on or after the date that that

section comes into force.

(7) The Statutory Conditions set out in

section 549 of the former

Part 5 continue to apply to contracts that are made before the date that

section 540 of the new

Part 5 comes into force.

(8) The Statutory Conditions set out in

section 540 of the new

Part 5 apply only to contracts that are made on or after the date that that

section comes into force.

(9) Section 541 of the new

Part 5 applies only to a claim for loss or damage that occurs on or after the date that that

section comes into force.

(10) Sections 543, 545(3) and 553(4) of the new

Part 5 apply only to contracts made on or after the date that those sections come into force.

(11) Section 562(3) of the former

Part 5 continues to apply to contracts made before the date that

section 646(3) of the new

Part 5 comes into force.

(12) The Statutory Conditions set out in

section 614 of the former

Part 5 continue to apply to contracts that are made before the date that

section 556 of the new

Part 5 comes into force.

(13) The Statutory Conditions set out in

section 556 of the new

Part 5 apply only to contracts that are made on or after the date that that

section comes into force.

(14) Statutory Condition 6(3) set out in

section 614 of the former

Part 5 continues to apply to a cause of action arising before the date that

section 558 of the new

Part 5 comes into force.

(15) Statutory Conditions set out in

section 636 of the new

Part 5 apply only to contracts that are made on or after the date that that

section comes into force.

(16) Section 642(2) and (3) of the new

Part 5 apply only to contracts made on or after the date that that

section comes into force.

(17) Section 647 of the former

Part 5 continues to apply to a cause of action that occurs before the date that

section 593 of the new

Part 5 comes into force.

Section 3 AR 185/2011 TRANSITIONAL (INSURANCE AMENDMENT ACT, 2008 —

PART 5) REGULATION 3 (18) Sections 614(4), 643(2)(

g) and (3) and 644(

f) to (

h) of the new

Part 5 apply only to policies issued on or after the date that those sections come into force.

(19) Section 645 of the new

Part 5 applies only to certificates issued on or after the date that that

section comes into force. (20) Sections 646(3) and 647(

b) of the new

Part 5 apply only to contracts made on or after the date that those sections come into force. (21) Sections 652(3) and 653(3) of the new

Part 5 apply only to applications made on or after the date that those sections come into force.

(22) Section 659(1) and (4) of the new

Part 5 apply only in respect of terminations and replacements that occur on or after the date that that

section comes into force in respect of contracts made before or after the date that that

section comes into force.

(23) Section 672 of the new

Part 5 applies only to claims incurred on or after the period commencing 2 years before the date that that

section comes into force.

(24) Section 677 of the new

Part 5 applies only to causes of action that arise on or after the date that that

section comes into force in respect of contracts made before or after the date that that

section comes into force.

(25) Section 699(2) and (3) of the new

Part 5 apply only to contracts made on or after the date that that

section comes into force.

(26) Section 700(2)(

f) and (3) of the new

Part 5 apply only to policies that are issued on or after the date that that

section comes into force.

(27) Section 701(

a) to (

e) of the new

Part 5 apply only to contracts of creditor’s group insurance made on or after the date that that

section comes into force.

(28) Section 701(

f) to (

h) of the new

Part 5 apply only to contracts made on or after the date that that

section comes into force.

(29) Section 702(1) and (4) of the new

Part 5 apply only in respect of terminations and replacements that occur after the date that that

section comes into force in respect of contracts made before or after the date that that

section comes into force.

(30) Section 703 of the new

Part 5 applies only to certificates issued on or after the date that that

section comes into force.

Section 5 AR 185/2011 TRANSITIONAL (INSURANCE AMENDMENT ACT, 2008 —

PART 5) REGULATION 4

(31) Sections 705, 706 and 707 of the new

Part 5 apply only to contracts made on or after the date that those sections come into force.

(32) Statutory Condition 12 set out in

section 671 of the former

Part 5 continues to apply to a cause of action arising before the date that

section 708 of the new

Part 5 comes into force.

(33) Section 677(3) of the former

Part 5 continues to apply to contracts made before the date that

section 715(3) of the new

Part 5 comes into force. (34) Sections 715(3) and 716(

b) of the new

Part 5 apply only to contracts made on or after the date that those sections come into force. (35) Sections 719(3) and 720(2) and (4) of the new

Part 5 apply only to applications made on or after the date that those sections come into force.

(36) Section 722 of the new

Part 5 applies only to debtors under contracts of creditor’s group insurance that are insured on or after the date that that

section comes into force.

(37) Statutory Conditions set out in

section 728 of the former

Part 5 continue to apply to contracts made before the date that

section 636 of the new

Part 5 comes into force.

(38) Section 736 of the new

Part 5 applies only to claims incurred on or after the period commencing 2 years before the date that that

section comes into force.

(39) Section 747(2) of the new

Part 5 applies only to contracts made on or after the date that that

section comes into force. 4 Repealed AR 103/2017 s2. Coming into force 5 This Regulation comes into force on the coming into force of

section 29 of the Insurance Amendment Act, 2008.

Printed on Recycled Paper *9780779797264*

Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 185/2011
Type	regulation
Volume / chapter	2011 185
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	153bea2fb28fc3896f3a9da784bc3195e7d5ba55

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