THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, TUESDAY, AUGUST 30, 2005 NEWFOUNDLAND AND LABRADOR REGULATIONS 65/05 66/05

Extraordinary Gazette 3 August 30, 2005 NEWFOUNDLAND AND LABRADOR REGULATION 65/05 Automobile Insurance Regulations (Amendment) under the Automobile Insurance Act (O.C.2005-454) (Filed August 30, 2005) Under the authority of

section 60(1)(d.1) of the Automobile Insur- ance Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, August 25, 2005. Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1. Ss.15 & 16 Added 15. Restriction on rate increase 16. Application of rate increase prohibited 1. The Automobile Insurance Regulations are amended by add- ing immediately after

section 14 the following: 15. Where an insurer files a proposal to increase rates with the board under

section 51 of the Act, a proposed rate increase the board determines is the result of the comi ng into force of paragraph 4(1)(e.1) NLR 81/04 as amended Restriction on rate increase

Automobile Insurance Regulations (Amendment) 65/05 Extraordinary Gazette August 30, 2005 4 of the Automobile Insurance Prohibited Underwriting Regulations is prohibited for the 12 month period beginning on August 1, 2005 unless the insurer can demonstrate to the board that the increase is justified. 16.

A rate increase based solely on the coming into force of para- graph 4(1)(e.1) of the Automobile Insurance Prohibited Underwriting Regulations that would otherwise apply to an insured to whom subsec- tion 4(2.1) of those regulations applies is prohibited for the 12 month period beginning on August 1, 2005 unless the insurer can demonstrate to the board that the increase is justified. ©Earl G. Tucker, Queen's Printer Application of rate increase prohibited

Extraordinary Gazette 5 August 30, 2005 NEWFOUNDLAND AND LABRADOR REGULATION 66/05 Automobile Insurance Prohibited Underwriting Regulations (Amendment) under the Insurance Companies Act (O.C.2005-453) (Filed August 30, 2005) Under the authority of paragraph 107(e.1), of the Insurance Com- panies Act, the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, August 25, 2005. Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1. S.4 Amdt. Prohibition - risk classifica- tion system 1. The Automobile Insurance Prohibited Underwriting Regula- tions are amended by adding immediately after subsection 4(2) the following:

(2.1) Notwithstanding paragraph (1)(e.1), where, after August 1, 2005 a rate charged by an insurer to a person insured under a contract would, as a result of the coming into force of paragraph (1)(e.1), be NLR 80/04 as amended

Automobile Insurance Prohibited Underwriting Regulations (Amendment) 66/05 Extraordinary Gazette August 30, 2005 6 higher than the rate the person would otherwise have been required to pay, the insurer is not prohibited fr om charging the person the lower rate.

(2.2) Where an insurer receives an approval under

section 51 of the Automobile Insurance Act to increase a rate it charges to an insured referred to in subsection (2.1), the insurer may phase in the amount of the increase over the period the insurer may determine. ©Earl G. Tucker, Queen's Printer

7 ST. JOHN'S, TUESDAY, AUGUST 30, 2005 Index Title of Act and Subordinate Legislation CNLR or NL Gazette made thereunder NL Reg. Amendment Date & Page No. Automobile Insurance Act Automobile Insurance NLR 65/05 NLR 81/04 Extra. Aug 30/05 p. 3 Regulations (Amdt) Ss. 15 & 16 Added Insurance Companies Act Automobile Insurance NLR 66/05 NLR 80/04 Extra. Aug 30/05 p. 5 Prohibited Underwriting S.4 Amdt Regulations (Amdt)