Insurance Statute Law Amendment Act (Automobile Insurance), 2002 Sampson, Rob — Bill 166 (37th Parliament, 3rd Session)

Bill 166, 37-3

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Bill 166, Insurance Statute Law Amendment Act (Automobile Insurance), 2002

Sampson, Rob

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[37] Bill 166 Original (PDF)

Bill 166 2002

An Act to further stabilize

automobile insurance rates

Her Majesty, by and with the advice and consent of the Legislative

Assembly of the Province of Ontario, enacts as follows:

PART I

AMENDMENTS TO THE INSURANCE ACT

1. (1) Subsection 121 (1) of the

Insurance Act , as amended by the Statutes of Ontario, 1993,

chapter

10,

section 12, 1994,

chapter 11,

section 338, 1996,

chapter 21,

section 14,

1997,

chapter 19,

section 10, 1997,

chapter 28,

section 107, 1999,

chapter

12,

Schedule I,

section 4 and 2000,

chapter 26,

Schedule G,

section 1, is

amended by adding the following paragraphs:

14.1 defining "automobile" for the purposes of

Part VI of the Act and the

Statutory Accident Benefits

Schedule ;

14.2 for the purpose of this Act or any provision of this Act, deeming

payments for income loss or loss of earning capacity under an income

continuation benefit plan to include payments prescribed by the

regulations;

. . . . .

23.5.1 governing the procedure on a motion under subsection 267.5 (12) and

prescribing the information that must be provided with respect to the

motion;

23.5.2 prescribing rules of procedure and setting time limits in respect

of an arbitration under

section 267.8 and respecting the evidence to be

adduced for the purpose of the arbitration;

23.5.3 prescribing limitations with respect to the nature and extent of

services that may be claimed with respect to medical, rehabilitation and

attendant care benefits under the Statutory Accident Benefits

Schedule and setting aggregate limits for those services or for groups

of those services;

23.5.4 excluding from coverage under the Statutory Accident Benefits

Schedule goods or services provided by individuals or organizations

identified or described in the regulations;

23.5.5 excluding from coverage under the Statutory Accident Benefits

Schedule goods or services provided by individuals or organizations that

have been associated with providing goods or services to victims of

automobile accidents and that, pursuant to the regulations, have been found

not to be reasonable or not to be necessary;

23.5.6 requiring individuals or organizations that provide goods or

services to persons claiming benefits under the Statutory Accident

Benefits

Schedule to collect personal information from those persons and

to submit it to the body specified in the regulations;

23.5.7 governing the use that the body specified in the regulations that

receives personal information in accordance with regulations made under

paragraph 23.5.6 may make of the information;

23.5.8 defining personal information for the purposes of regulations made

under paragraphs 23.5.6 or 23.5.7;

23.5.9 prescribing the maximum charges that any person may make directly

or indirectly related to the towing, removal or storage of an automobile that

has suffered damage and governing the disposition of any automobile that is

towed, removed or stored following an accident, including requiring vehicles

to be removed only to locations described in the regulations or in guidelines

issued by the Commission;

23.5.10 prescribing the circumstances in which an insurer may issue an

endorsement for the purpose of

section 268 and requiring an insurer to file a

description or list of providers and to keep the filing current;

(2) Section 121 of the Act, as amended by the Statutes

of Ontario, 1993,

chapter 10,

section 12, 1994,

chapter 11,

section 338,

1996,

chapter 21,

section 14, 1997,

chapter 19,

section 10, 1997,

chapter 28,

section 107, 1999,

chapter 12,

Schedule I,

section 4 and 2000,

chapter 26,

Schedule G,

section 1, is amended by adding the following

subsection:

Definition

(5) In this section,

" Statutory Accident Benefits

Schedule " has the same meaning as in

Part VI.

(1) The definition of "automobile" in

subsection 224 (1) of the Act is repealed and the following

substituted:

"automobile" includes a motor vehicle or a self-propelled vehicle if the

vehicle is required under any Act to be insured under a motor vehicle

liability policy, subject to any regulation defining or limiting the term

"automobile"; ("automobile")

(2) The definition of "health care" in subsection 224

(1) of the Act, as enacted by the Statutes of Ontario, 1996,

chapter 21,

section 15, is repealed and the following substituted:

"health care" includes all goods and services for which payment is

provided in whole or in part by the medical, rehabilitation, attendant care

and other benefits provided for in the Statutory Accident Benefits

Schedule ; ("soins de santé")

Section 227 of the Act, as amended by the Statutes

of Ontario, 1993,

chapter 10,

section 14, 1996,

chapter 21,

section 17 and

1997,

chapter 28,

section 111, is amended by adding the following

subsections:

Endorsement restricting providers

(9) The Superintendent may approve an endorsement restricting

providers of goods or services under the Statutory Accident Benefits

Schedule to those providers that are reasonably accessible to the

insured affected by the endorsement and that are identified or described on a

list of providers filed by the insurer with the Superintendent, in accordance

with the regulations, if the endorsement sets out a procedure that allows an

insured to challenge whether the providers are appropriate for the needs of

the insured when injured.

Effect of endorsement

(10) An endorsement approved under subsection (9),

(

a) is effective and binding according to its terms even if they are

inconsistent with or differ from any provision of this Part or the

Statutory Accident Benefits

Schedule ; and

(

b) is binding on any person who is an insured person with respect to a

contract of insurance, whether named in it or not.

Section 228 of the Act is amended by adding the

following subsection:

Effect on insurer's obligations

(2) Unless a contrary intention appears from this Part or the

regulations, the obligations of an insurer arising from a contract of

insurance, or a part of it, evidenced by an approved form, shall be read as

subject to the terms, conditions,

definitions, exclusions and limitations of

the approved form, unless the context requires otherwise.

5. Subsection 230 (2) of the Act, as enacted by the

Statutes of Ontario, 1996,

chapter 21,

section 18, is repealed and the

following substituted:

Information from agents

(2) An agent shall inform an applicant for automobile insurance

that the agent represents only one insurer.

Request for written information

(3) The broker or agent shall provide the information referred

to in subsection (1) or (2) in writing if the applicant so requests.

Section 232.1 of the Act, as enacted by the Statutes

of Ontario, 1996,

chapter 21,

section 19, is repealed.

7. Subsection 236 (5) of the Act is repealed and the

following substituted:

Non-application to temporary contract

(5) This

section does not apply to a temporary insurance

contract, temporary binder or interim receipt that includes a prominent

warning that the insurance coverage evidenced by the document ceases

according to the terms of the document.

8. The Act is amended by adding the following

section

immediately before the heading "Motor Vehicle Liability

Policies":

Insurer's freedoms in contract

238.1 Despite sections 237 and 238 and any

other provision of this Act, an insurer may,

(

a) issue or renew a contract;

(

b) charge a premium in a contract that is less than the premium indicated

by any filing made by the insurer; or

(

c) decline to issue a contract, terminate a contract, refuse to renew a

contract, refuse to provide or continue a coverage or endorsement, or charge

a premium in excess of any filing made by the insurer for any reason that

is,

(

i) reasonably predictive of the risk associated with the insured,

(ii) generally consistent with the insurer's current underwriting

practices, and

(iii) not prohibited by the regulations.

Section 243 of the Act, as re-enacted by the

Statutes of Ontario, 1996,

chapter 21,

section 20, is amended by adding the

following subsection:

Same, coverage

(3) Unless the parties to a contract of insurance evidenced by

a motor vehicle liability policy agree otherwise, there is no coverage under

the contract for any loss or damage arising directly or indirectly out of the

use or operation of an automobile outside of Canada, the United States of

America and any other jurisdiction designated in the Statutory Accident

Benefits

Schedule , or on a vessel not plying between ports of Canada,

the United States of America or a designated jurisdiction.

10. Subsection 258.3 (9) of the Act, as enacted by the

Statutes of Ontario, 1996,

chapter 21,

section 22, is repealed and the

following substituted:

Failure to comply

(9) Despite subsection (1), a person may commence an action on

or after the day

section 10 of the Insurance Statute Law Amendment Act

(Automobile Insurance), 2002 comes into force without complying with

subsection (1), but the court in the action shall not award costs in favour

of a person who has not complied with subsection (1).

Exception

(9.1) Despite subsection (9), the court may award costs in

favour of a person who failed to comply with subsection (1) if the person was

not represented by a lawyer or other paid representative and was unaware of

the obligations imposed by subsection (1).

Compliance before judgement

(9.2) Despite subsection (9), if a plaintiff commences an

action on or after the day

section 10 of the Insurance Statute Law

Amendment Act (Automobile Insurance), 2002 comes into force without

complying with subsection (1) but complies with that subsection before the

court issues its judgment, the court may award costs after compliance if,

(

a) the plaintiff shows that there was a reasonable excuse for not

complying with subsection (1); and

(

b) the plaintiff complied with subsection (1) as soon as practicable in

the circumstances.

Unnecessary steps

(9.3) The court shall not award costs with respect to any step

or proceeding in an action commenced on or after the day

section 10 of the

Insurance Statute Law Amendment Act (Automobile Insurance), 2002

comes into force, or part of a proceeding, unless it is satisfied that the

plaintiff's non-compliance with subsection (1) could not have contributed to

the necessity of taking the step or proceeding.

Transitional

(9.4) Despite

section 10 of the Insurance Statute Law

Amendment Act (Automobile Insurance), 2002 , subsection (9), as it

existed immediately before the day

section 10 of that Act comes into force,

shall continue to apply in respect of an action commenced before that

day.

(1) Subsections 267.5 (3) and (4) of the

Act, as enacted by the Statutes of Ontario, 1996,

chapter 21,

section 29, are

repealed.

(2) Subsection 267.5 (5) of the Act, as enacted by the

Statutes of Ontario, 1996,

chapter 21,

section 29, is amended by adding "or

for expenses that have been incurred or will be incurred for health care,

resulting" after " Family Law Act ".

(3) Subsection 267.5 (6) of the Act, as enacted by the

Statutes of Ontario, 1996,

chapter 21,

section 29, is amended by striking out

"(3)".

(4) Subsection 267.5 (7) of the Act, as enacted by the

Statutes of Ontario, 1996,

chapter 21,

section 29, is repealed and the

following substituted:

Amount of damages for non-pecuniary loss

(7) Subject to subsections (5), (12), (13) and (15), in an

action for loss or damage from bodily injury or death arising directly or

indirectly from the use or operation of an automobile, the court shall

determine the amount of damages for non-pecuniary loss or for expenses that

have been incurred or will

Document details

Collection	Ontario — Bills
Citation	Bill 166, 37-3
Type	bill
Volume / chapter	p37 s3 bill 166 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	57b774aa86c4a785c36ddd4106d9bc67568c2697

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