5 The short title of this Act is the Flood Avoidance, Insurance and Recovery Statute Law Amendment Act, 2017 — Bill 179 (41st Parliament, 2nd Session)

Bill 179, 41-2

Ontario — Bills

2ND SESSION, 41ST LEGISLATURE, ONTARIO 66 ELIZABETH II, 2017 Bill 179

An Act to amend the Building Code Act, 1992, the Insurance Act and the Municipal Affairs Act in respect of flood avoidance, insurance and recovery Mr. T. Natyshak Private Member’s Bill 1st Reading November 21, 2017 2nd Reading 3rd Reading Royal Assent

EXPLANATORY NOTE The Bill is about flood avoidance, insurance and recovery. Avoidance The Building Code Act, 1992 is amended. A residential building must have a rainwater tank of at least 204 litres. Insurance The Insurance Act is amended. The history of property insurance claims for residential properties in Ontario shall be public. Flood insurance shall not be declined on the b asis of flooding if the flooding took plac e in a declared emergency. Recovery The Municipal Affairs Act is amended. Disaster recovery assistance shall be provided for residential properties that suffer flooding from sewer backup, without means testing.

Bill 179 2017

An Act to amend the Building Code Act, 1992, the Insurance Act and the Municipal Affairs Act in respect of flood avoidance, insurance and recovery Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows: Building Code Act, 1992 1 The Building Code Act, 1992 is amended by adding the following section: STANDARDS SET OUT IN THIS ACT Residential rainwater tank 15.8.1 The building code is deemed to provide that a building for residential occupancy must have a downspout that flows into a rainwater tank, and that the rainwater tank’s capacity must be at least 204 litres. Insurance Act 2

(1) The Insurance Act is amended by adding the following section: CLAIMS HISTORY PUBLICATION Residential property insurance 114 Every insurer shall make available to the public on the insurer’s website the history of all property insurance claims for each insured residential real property in Ontario, to the extent of the insurer’s knowledge.

(2) The Act is amended by adding the following Part:

PART IV.1 FLOOD INSURANCE Application of

Part 170

(1) This Part applies to insurance against loss or damage to property a rising from the peril of water in any contract made in Ontario. Exceptions

(2) The exceptions listed in subsection 143 (1) apply with respect to subsection (1) of this

section , with necessary modifications and with the modification that clause 143 (1) (

c) shall be read as referring to water, not fire. Limitation on termination 170.1

(1) An insurer shall not decline to issue or terminate or refuse to renew a contract on the grounds, or partly on the grounds, that there was loss or damage from water to the property or that claims were made respecting loss or damage from water to the property, if an emergency was declared to exist under the Emergency Management and Civil Protection Act respecting the time and place that the loss or damage occurred. Information and exemption (2) Subsections 237 (2) to (6) apply with respect to subsection (1) of this section, with necessary modifications. Municipal Affairs Act 3 The Municipal Affairs Act is amended by adding the following Part:

PART IV DISASTER RECOVERY Disaster recovery 55

(1) The Minister shall provide disaster recovery assistance to owners of residential property that experience flood damage caused by sewer backup related to a sudden, unexpected natural disaster that causes costly and widespread damag e to private property, without regard to the incomes of the owners or their households.

2 Money appropriated by the Legislature (2) Subsection (1) only applies if money is appropriated by the Legislature for the purpose of subsection (1). Commencement 4 This Act comes into force three months after the day it receives Royal Assent.

Short title 5 The

short title of this Act is the Flood Avoidance, Insurance and Recovery Statute Law Amendment Act, 2017.

Document details

Collection	Ontario — Bills
Citation	Bill 179, 41-2
Type	bill
Volume / chapter	p41 s2 bill 179 bill text 41 2 en b179 e.pdf
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	4319e514941bbccfd38936a7834e99bb2a70bcd1

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