This consolidation is unofficial and is for reference only.

For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette

Part II .

Regulations are amended frequently.

Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.

Although every effort has been made to ensure the accuracy of this electronic version, the Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.

This electronic version is copyright ©

, Province of Nova Scotia , all rights reserved. It is for your personal use and may not be copied for the purposes of resale in this or any other form.

Automobile Insurance Contract Mandatory Conditions Regulations

made under

Section 159 of the

Insurance Act

R.S.N.S. 1989, c. 231

O.I.C. 2003-456 (October 31, 2003, effective November 1, 2003), N.S. Reg. 181/2003

as amended to O.I.C. 2018-331 (effective December 18, 2018), N.S. Reg. 226/2018

Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.

Click here to go to the text of the regulations .

Citation

Mandatory conditions required by

Section 112 of the Act

Benefits to be included

Schedule 1: Mandatory Conditions

Schedule 2: Mandatory Medical and Rehabilitation Benefits, and Accident Benefits in Motor

Vehicle Liability Policies

Section B–Accident Benefits

Section

Subsection 1 - Medical, Rehabilitation and Funeral Expenses

Part I - Death Benefits

Part II - Loss of Income

Subsection 2A - Supplemental Benefits Respecting Accidents Occurring in Quebec

Subsection 3 - Special Provisions,

Definitions, and Exclusions of this Section

(1) “insured person” defined

(2) “physician” defined

(3) Exclusions

(4) Notice and proof of claim

(5) Medical Reports

(6) Release

(7) When moneys payable

(8) Limitation on benefit payable

Citation

1 These regulations may be cited as the Automobile Insurance Contract Mandatory

Conditions Regulations .

Mandatory conditions required by

Section 112 of the Act

2 The mandatory conditions required by

Section 112 of the Insurance Act to be included in

every automobile insurance contract are set out in

Schedule 1.

Benefits to be included

3 The benefits required by

Section 140 of the Insurance Act are mandatory conditions that

must be included in every automobile insurance contract, and are set out in

Schedule 2.

4 [repealed]

________________________________________________________________

Schedule 1: Mandatory Conditions

In these mandatory conditions, unless the context otherwise requires, the word “insured” means

a person insured by this contract whether named or not.

(1) Material change in risk - The insured named in this contract shall promptly notify

the insurer, or its local agent, in writing, of any change in the risk material to the

contract and within his knowledge.

(2) Without restricting the generality of the foregoing, the words “change in the risk

material to the contract” include

(

a) any change in the insurable interest of the insured named in this contract in

the automobile by sale, assignment or otherwise, except through change of

title by succession, death or proceedings under the Bankruptcy Act

(Canada);

and, with respect to insurance against loss of or damage to the automobile,

(

b) any mortgage, lien or encumbrance affecting the automobile after the

application for this contract;

(

c) any other insurance of the same interest, whether valid or not, covering loss

or damage insured by this contract or any portion thereof.

(1) Prohibited use by insured - The insured shall not drive or operate the automobile

(

a) unless he is for the time being either authorized by law or qualified to drive

or operate the automobile;

(

b) while his license to drive or operate an automobile is suspended or while his

right to obtain a license is suspended or while he is prohibited under order

of any court from driving or operating an automobile;

(

c) while he is under the age of sixteen years or under such other age as is

prescribed by the law of the province in which he resides at the time this

contract is made as being the minimum age at which a licence or permit to

drive an automobile may be issued to him;

(

d) for any illicit or prohibited trade or transportation; or

(

e) in any race or speed test.

(2) Prohibited use by others - The insured shall not permit, suffer, allow or connive at

the use of the automobile

(

a) by any person

(

i) unless that person is for the time being either authorized by law or

qualified to drive or operate the automobile,

(ii) while that person is under the age of sixteen years or under such

other age as is prescribed by the law of the province in which he

resides at the time this contract is made as being the minimum age at

which a license or permit to drive an automobile may be issued to

him;

(

b) by any person who is a member of the household of the insured while his

license to drive or operate an automobile is suspended or while his right to

obtain a license is suspended or while he is prohibited under order of any

court from driving or operating an automobile;

(

c) for any illicit or prohibited trade or transportation; or

(

d) in any race or speed test.

(1) Requirements where loss or damage to persons or property - The insured shall

(

a) promptly give to the insurer written notice, with all available particulars, of

any accident involving loss or damage to persons or property, and of any

claim made on account of the accident;

(

b) verify by statutory declaration, if required by the insurer, that the claim

arose out of the use or operation of the automobile and that the person

operating or responsible for the operation of the automobile at the time of

the accident is a person insured under this contract; and

(

c) forward immediately to the insurer every letter, document, advice or legal

process received by him from or on behalf of the claimant.

(2) The insured shall not

(

a) voluntarily assume any liability or settle any claim except at his own cost;

nor

(

b) interfere in any negotiations for settlement or in any legal proceeding.

(3) The insured shall, whenever requested by the insurer, aid in securing information

and evidence and the attendance of any witness, and shall co-operate with the

insurer, except in a pecuniary way, in the defence of any action or proceeding or in

the prosecution of any appeal.

(1) Requirements where loss or damage to the automobile - Where loss of or damage

to the automobile occurs, the insured shall, if the loss or damage is covered by this

contract,

(

a) promptly give notice thereof, in writing to the insurer, with fullest

information obtainable at the time;

(

b) at the expense of the insurer, and as far as reasonably possible, protect the

automobile from further loss or damage; and

(

c) deliver to the insurer within ninety days after the date of the loss or damage

a statutory declaration stating, to the best of his knowledge or belief, the

place, time, cause and amount of the loss or damage, the interest of the

insured and of all others therein, the encumbrances thereon, all other

insurance, whether valid or not, covering the automobile, and that the loss

or damage did not occur through any wilful act or neglect, procurement,

means or connivance of the insured.

(2) Any further loss or damage accruing to the automobile, directly or indirectly from

a failure to protect it as required under subcondition (1) of this condition, is not

recoverable under this contract.

(3) No repairs, other than those that are immediately necessary for the protection of

the automobile from further loss or damage, shall be undertaken and no physical

evidence of the loss or damage shall be removed

(

a) without the written consent of the insurer; or

(

b) until the insurer has had a reasonable time to make the examination for

which provision is made in mandatory condition 5.

(4) Examination of insured - The insured shall submit to examination under oath, and

shall produce for examination, at such reasonable place and time as is designated

by the insurer or its representative, all documents in his possession or control that

relate to the matters in question; and he shall permit extracts and copies thereof to

be made.

(5) Insurer liable for cash value of automobile - The insurer shall not be liable for

more than the actual cash value of the automobile at the time any loss or damage

occurs, and the loss or damage shall be ascertained or estimated according to that

actual cash value with proper deduction for depreciation, however caused, and

shall not exceed the amount that it would cost to repair or replace the automobile,

or any part thereof, with material of like kind and quality; but if any part of the

automobile is obsolete and out of stock, the liability of the insurer in respect

thereof shall be limited to the value of that part at the time of loss or damage not

exceeding the maker’s latest list price.

(6) Repair or replacement - Except where an appraisal has been made, the insurer,

instead of making payment, may, within a reasonable time, repair, rebuild or

replace the property damaged or lost with other of like kind and quality, if, within

seven days after the receipt of the proof of loss, it gives written notice of its

intention to do so.

(7) No abandonment; salvage - There can be no abandonment of the automobile to the

insurer without its consent. If the insurer exercises the option to replace the

automobile, or pays the actual cash value of the automobile, the salvage, if any,

shall vest in the insurer.

(8) In case of disagreement - In the event of disagreement as to the nature and extent

of the repairs and replacements required, or as to their adequacy, if effected, or as

to the amount payable in respect of any loss or damage, those questions shall be

determined by appraisal as provided under the Insurance Act before there can be

recovery under this contract, whether the right to recover on the contract is

disputed or not, and independently of all other questions. There shall be no right to

an appraisal until after proof of loss has been delivered and until a specific demand

therefor is made in writing.

5 Inspection of automobile - The insured shall permit the insurer at all reasonable times to

inspect the automobile and its equipment.

(1) Time and manner of payment of insurance money - The insurer shall pay the

insurance money for which it is liable under this contract within sixty days after

the proof of loss has been received by it or, where an appraisal is made under

subcondition (8) of mandatory condition 4, within fifteen days after the award is

rendered by the appraisers.

(2) When action may be brought - The insured shall not bring an action to recover the

amount of a claim under this contract unless the requirements of mandatory

conditions 3 and 4 are complied with nor until the amount of the loss has been

ascertained as therein provided, or by a judgment against the insured after trial of

the issue, or by agreement between the parties with the written consent of the

insurer.

(3) Limitation of actions - Every action or proceeding under the contract against the

insurer in respect of a claim for indemnification for liability of the insured for loss

or damage to property of another person or for personal injury to or death of

another person shall be commenced within two years after the liability of the

insured is established by a court of competent jurisdiction and not afterwards.

Every other action or proceeding against the insurer under the contract in respect of

loss or damage to the automobile shall be commenced within two years from the

time the loss or damage was sustained and not afterwards.

7 Who may give notice and proofs of claim - Notice of claim may be given and proofs of

claim may be made by the agent of the insured named in this contract in case of absence

or inability of the insured to give the notice or make the proof, such absence or inability

being satisfactorily accounted for or in the like case, or if the insured refuses to do so, by

a person to whom any part of the insurance money is payable.

(1) Termination - This contract may be terminated

(

a) by the insurer giving to the insured fifteen days’ notice of termination by

registered mail, or five days’ written notice of termination personally

delivered;

(

b) by the insured at any time on request.

(2) Where this contract is terminated by the insurer,

(

a) the insurer shall refund the excess of premium actually paid by the insured

over the pro rata premium for the expired time, but, in no event, shall the

pro rata premium for the expired time be deemed to be less than any

minimum retained premium specified; and

(

b) the refund shall accompany the notice unless the premium is subject to

adjustment or determination as to amount, in which case the refund shall be

made as soon as practicable.

(3) Where this contract is terminated by the insured, the insurer shall refund as soon as

practicable the excess of premium actually paid by the insured over the short rate

premium for the expired time, but, in no event shall the short rate premium for the

time expired be deemed to be less than any minimum retained premium specified.

(4) The refund may be made by money, postal or express company money order, or by

cheque payable at par.

(5) The fifteen days mentioned in clause (

a) of subcondition (1) of this condition

commences to run on the day following the receipt of the registered letter at the

post office to which it is addressed.

9 Notice - Any written notice to the insurer may be delivered at, or sent by registered mail

to, the chief agency or head office of the insurer in this Province. Written notice may be

given to the insured named in this contract by letter personally delivered to him or by

registered mail addressed to him at his latest post office address notified to the insurer.

In this condition the expression “registered” means registered in or outside Canada.

(1) Limitation where seat belt not worn - Unless exempt by law from the requirement

in the Motor Vehicle Act to wear a seat belt, where an injured person was not

wearing a seat belt at the time of an incident, there shall be a reduction of at least

twenty-five per cent in damages for bodily injury or death arising directly or

indirectly from the use or operation of an automobile in respect of the incident.

(2) In this condition, “seat belt” has the same meaning as defined in the Motor Vehicle

Act .

________________________________________________________________

Schedule 2: Mandatory Medical and Rehabilitation Benefits, and Accident Benefits in

Motor Vehicle Liability Policies

Section B–Accident Benefits

Section

The Insurer agrees to pay to or with respect to each insured person as defined in this

section

who sustains bodily injury or death by an accident arising out of the use or operation of an

automobile:

Subsection 1 - Medical, Rehabilitation and Funeral Expenses

This subsection applies to any accident claim with respect to an accident that occurs on or after

April 1, 2013.

(1) In this subsection, “the Protocols Regulations” means the Automobile Accident

Diagnostic and Treatment Protocols Regulations made under the Insurance Act .

(2) To the limit of $50,000 per person, all reasonable expenses incurred within four

years from the date of the accident as a result of the injury for necessary medical,

surgical, dental, chiropractic, hospital, professional nursing and ambulance service

and for any other service within the meaning of insured services under the Health

Services and Insurance Act and for such other services and supplies which are, in

the opinion of the physician of the insured person’s choice and that of the Insurer’s

medical advisor, essential for the treatment, occupational retraining or

rehabilitation of the person, in respect of

(

a) an injury to which the Protocols Regulations apply that is diagnosed and

treated in accordance with the Regulations, the expenses payable for any

treatment, supply or service, diagnostic imaging, laboratory testing,

specialized testing, visit, therapy, assessment or making a report, or any

other activity or function authorized under the Protocols Regulations, and

for which payment is made in the manner required by and subject to the

provisions of the Protocols Regulations, notwithstanding anything to the

contrary in this section; and

(

b) an injury

(

i) to which the Protocols Regulations apply but that is not diagnosed

and treated in accordance with the Protocols Regulations,

(ii) to which the Protocols Regulations cease to apply but for which the

insured person wishes to make a claim under provision (4) (notice

and proof of claim) of Subsection 3 - Special Provisions,

Definitions, and Exclusions of this section, or

(iii) to which this

section applies, other than an injury referred to in (

i) and (ii).

2 Subject to provision 3, the Insurer is not liable under this Subsection for those portions

of expenses payable or recoverable under any medical, surgical, dental or hospitalization

plan or law or, except for similar insurance provided under another automobile insurance

contract, under any other insurance contract or certificate issued to or for the benefit or

any insured person.

3 Except for those portions of expenses payable or recoverable under any law, provision 2

does not apply to the expenses payable or recoverable for an injury to which the

Protocols Regulations apply.

4 Funeral expenses incurred up to the amount of $2500 in respect of the death of any one

person.

Subsection 2 - Death Benefits and Loss of Income Payments

This subsection applies to any accident claim with respect to an accident that occurs on or after

April 1, 2012.

Part I - Death Benefits

A. Subject to the provisions of this Part, for death that ensues within 180 days of the

accident or within 104 weeks of the accident if there has been continuous disability

during that period, a payment – based on the status at the date of the accident of the

deceased in a household where a head of the household, spouse or common-law partner

or dependants survive – of the following amounts:

(

a) head of the household - $25,000;

(

b) spouse of the head of the household – $25,000; and

(

c) dependant within the meaning of clauses (

b) and (

c) of provision (2) of

paragraph B – $5,000.

In addition, with respect to death of the head of the household, where there are two or

more survivors (spouse or common-law partner or dependants) the principal sum

payable is increased $1,000 for each survivor other than the first.

B. For the purposes of this Part,

(1) “spouse or common-law partner of the head of the household” means the spouse or

common-law partner with the lesser income from employment in the twelve

months preceding the date of the accident.;

(2) “dependant” means,

(

a) the spouse or common-law partner of the head of the household who

resides with the head of the household;

(

b) a person,

(

i) under the age of 18 years who resides with and is principally

dependent upon the head of the household or the spouse or common-law partner of the head of the household for financial support,

(ii) 18 years of age or over who, because of mental or physical infirmity,

is principally dependent upon the head of the household or the

spouse or common-law partner of the head of the household for

financial support, or

(iii) 18 years of age or over who, because of full-time attendance at a

school, college or university, is principally dependent upon the head

of the household or the spouse or common-law partner of the head of

the household for financial support, or

(

c) a parent or relative,

(

i) of the head of the household, or

(ii) of the spouse or common-law partner of the head of the household

residing in the same dwelling premises and principally dependent upon the

head of the household or the spouse or common-law partner of the head of

the household for financial support.

(3) The total amount payable shall be paid to a person who is the head of the

household or the spouse or common-law partner of the head of the household, as

the case may be, if that person survives the deceased by at least 30 days.

(4) The total amount payable with respect to death where no head of the household or

spouse or common-law partner survives the deceased by at least 30 days shall be

divided equally among the surviving dependants.

(5) No amount is payable on death, other than incurred funeral expenses, if no head of

the household or dependant survives the deceased by at least 30 days.

Part II - Loss of Income

Subject to the provisions of this Part, a weekly payment for the loss of income from

employment for the period during which the insured person suffers substantial inability

to perform the essential duties of his occupation or employment, provided,

(

a) such person was employed at the date of the accident;

(

b) within 30 days from the date of the accident and as a result of the accident

the insured person suffers substantial inability to perform the essential

duties of his occupation or employment for a period of not less then seven

days;

(

c) no payments shall be made for any period in excess of 104 weeks except

that if, at the end of the 104 week period, it has been established that such

injury continuously prevents such person from engaging in any occupation

or employment for which he is reasonably suited by education, training or

experience, the Insurer agrees to make such weekly payments for the

duration of such inability to perform the essential duties.

Amount of Weekly Payment – The amount of a weekly payment shall be the lesser of,

(a) $250 per week; or

(b) 80 per cent of the insured person’s gross weekly income from employment,

less any payments for loss of income from employment received by or

available to such person under

(

i) the laws of any jurisdiction,

(ii) wage or salary continuation plans available to the person by reason of

his employment, and

(iii) subsection 2A;

but no deduction shall be made for any increase in such payment due to a cost of living

adjustment subsequent to the insured person’s substantial inability to perform the

essential duties of his occupation or employment.

For the purpose of this Part,

(1) there shall be deducted from an insured person’s gross weekly income any

payments received by or available to him from part-time or other employment or

occupation subsequent to the date of the accident;

(2) a principal unpaid housekeeper residing in the household not otherwise engaged in

occupation or employment for wages or profit, if injured, shall be deemed disabled

only if completely incapacitated and unable to perform any of his or her household

duties and, while so incapacitated, shall receive a benefit at the rate of $100 per

week for not more than 52 weeks;

(3) a person shall be deemed to be employed

(

a) if actively engaged in an occupation or employment for wages or profit at

the date of the accident; or

(

b) if 18 years of age or over and under the age of 65 years, so engaged for any

six months out of the preceding 12 months and in these circumstances shall

be deemed to have suffered loss of income at a rate equal to that of his most

recent employment earnings;

(4) a person receiving a weekly payment who, within 30 days of resuming his

occupation or employment is unable to continue such occupation or employment

as a result of such injury, is not precluded from receiving further weekly

payments;

(5) where the payments for loss of income payable hereunder, together with payments

for loss of income under another contract of insurance other than a contract of

insurance relating to any wage or salary continuation plan available to an insured

person by reason of his employment, exceed the actual loss of income of the

insured person, the insurer is liable only for that proportion of the payments for

loss of income stated in this policy that the actual loss of income of the person

insured bears to the aggregate of the payments for loss of income payable under all

such contracts.

Subsection 2A - Supplemental Benefits Respecting Accidents Occurring in Quebec

This subsection comes into force and is effective only in accordance with a written agreement

between the Government of Nova Scotia and the Government of Quebec or an agency thereof.

A. For the purposes of this Part,

(a) “accident” means an event occurring in Quebec resulting in damage caused

by an automobile, or by the use of an automobile, or by the load of an

automobile, including damage caused by a trailer;

(b) “bodily injury” means physical, psychological or mental injury including

death as well as damage to the clothing worn by the victim at the time of

the accident;

(c) “resident of Nova Scotia” means any person,

(

i) who is authorized by law to be or to remain in Canada and is living

and ordinarily present in Nova Scotia, and

(ii) who meets the criteria prescribed in Division II of O.C. 374-78 made

under the Automobile Insurance Act (Quebec), which apply with

necessary modifications,

but does not include a person,

(iii) who is merely touring, passing through or visiting Nova Scotia, or

(iv) who is, at the time of an accident in Quebec, the owner or driver of,

or a passenger in, an automobile registered in Quebec;

(d) “person insured in Quebec” means a resident of Nova Scotia who is

(

i) any person while an occupant of the described automobile or of a

newly acquired or temporary substitute automobile as defined in this

policy,

(ii) the insured and, if residing in the same dwelling premises as the

insured, his or her spouse or common-law partner and any dependent

relative of either while an occupant of any other automobile,

(iii) any person, not the occupant of an automobile, who is struck by the

described automobile or a newly acquired or temporary substitute

automobile as defined in this policy,

(iv) the named insured, if an individual, and his or her spouse or

common-law partner and any dependent relative residing in the same

dwelling premises as the named insured, not the occupant of an

automobile who is struck by any other automobile,

(

v) if the insured is a corporation, unincorporated association, or

partnership, any employee or partner of the insured for whose regular

use the described automobile is furnished, and his or her spouse or

common-law partner and any dependent relative of either, residing in

the same dwelling premises as such employee or partner, while an

occupant of any other automobile,

(vi) any employee or partner of the insured for whose regular use the

described automobile is furnished, and his or her spouse or common-law partner and any dependent relative of either, residing in the same

dwelling premises as such employee or partner, while not the

occupant of an automobile who is struck by any other automobile,

and

(vii) any other person who,

a. is the occupant of an automobile, or

b. not being the occupant of an automobile, is struck by an

automobile,

driven by a person insured in Quebec as defined in sub-subparagraphs (

i) to (vi) of this subparagraph.

B. With respect to bodily injury, as a result of an accident, to a person insured in Quebec

the insurer agrees to make payments under this

Part in the same amount and form and

subject to the same conditions as if such person were a resident of Quebec as defined in

the Automobile Insurance Act (Quebec) and the regulations made under that Act and

entitled to payments under that Act and those regulations except that any reference in the

Automobile Insurance Act (Quebec) to a Quebec enactment or a pension plan shall be

replaced by a reference to the Nova Scotia enactment or pension plan which the

Lieutenant Governor in Council of Nova Scotia declares to be an equivalent enactment

or pension plan.

Notwithstanding anything to the contrary, an exclusion or limitation existing in this

Schedule B

or in the general provisions,

definitions and mandatory conditions of a contract of automobile

insurance shall not apply to a person insured in Quebec as defined in this subsection 2A.

Subsection 3 - Special Provisions,

Definitions, and Exclusions of this Section

(1) “insured person” defined

In this section, the words “insured person” mean

(

a) any person while an occupant of the described automobile or of a newly

acquired or temporary substitute automobile as defined in this policy;

(

b) the insured and, if residing in the same dwelling premises as the insured, his

or her spouse or common-law partner and any dependent relative of either

while an occupant of any other automobile; provided that,

(

i) the insured is an individual or are husband and wife,

(ii) such person is not engaged in the business of selling, repairing,

maintaining, servicing, storing, or parking automobiles at the time of

the accident,

(iii) such other automobile is not owned or regularly or frequently used

by the insured or by any person or persons residing in the same

dwelling premises as the insured,

(iv) such other automobile is not owned, hired, or leased by an employer

of the insured or by an employer of any person or persons residing in

the same dwelling premises as the insured,

(

v) such other automobile is not used for carrying passengers for

compensation or hire or for commercial delivery;

(

c) in subsections 1, 2 and 2A of this

section only, any person, not the occupant

of an automobile or of railway rolling-stock that runs on rails, who is struck,

in Canada, by the described automobile or a newly acquired or temporary

substitute automobile as defined in the policy;

(

d) in subsections 1, 2 and 2A of this

section only, the named insured, if an

individual and his or her spouse or common-law partner and any dependent

relative residing in the same dwelling premises as the named insured, not

the occupant of an automobile or of railway rolling-stock that runs on rails,

who is struck by any other automobile; provided that

(

i) such person is not engaged in the business of selling, repairing,

maintaining, servicing, storing, or parking automobiles at the time of

the accident,

(ii) that automobile is not owned or regularly or frequently used by the

insured or by any person or persons residing in the same dwelling

premises as the named insured,

(iii) that automobile is not owned, hired, or leased by an employer of the

insured or by an employer of any person or persons residing in the

same dwelling premises as the named insured;

(

e) if the insured is a corporation, unincorporated association, or partnership,

any employee or partner of the insured for whose regular use the described

automobile is furnished, and his or her spouse or common-law partner and

any dependent relative of either, residing in the same dwelling premises as

such employee or partner, while an occupant of any other automobile of the

private passenger or station wagon type; and

(

f) in subsections 1, 2 and 2A of this

section only, any employee or partner of

the insured, for whose regular use the described automobile is furnished,

and his or her spouse or common-law partner and any dependent relative of

either, residing in the same dwelling premises as such employee or partner,

while not the occupant of an automobile or of railway rolling-stock that runs

on rails, who is struck by any other automobile; provided that,

in respect of (

e) and (

f) above,

(

i) neither such employee nor partner or his or her spouse or common-law partner is the owner of an automobile of the private passenger or

station wagon type,

(ii) the described automobile is of the private passenger or station wagon

type,

(iii) such person is not engaged in the business of selling, repairing,

maintaining, servicing, storing, or parking automobiles at the time of

the accident,

(iv) such other automobile is not owned or regularly or frequently used

by the employee or partner, or by any person or persons residing in

the same dwelling premises as such employee or partner,

(

v) such other automobile is not owned, hired, or leased by the insured

or by an employer of any person or persons residing in the same

dwelling premises as such employee or partner of the insured,

in respect of (

e) above only,

(vi) such other automobile is not used for carrying passengers for

compensation or hire or for commercial delivery.

(2) “physician” defined

“Physician” means legally qualified medical practitioner.

(3) Exclusions

(

a) Except as provided in subsection 2A, the Insurer shall not be liable under

this

section for bodily injury to or death of any person,

(

i) resulting from the suicide of such person or attempt thereat, whether

sane or insane,

(ii) who is entitled to receive the benefits of any worker's compensation

law or plan,

(iii) caused directly or indirectly by radioactive material;

(

b) The Insurer shall not be liable under subsection 1 or

Part II of subsection 2

of this

section for bodily injury or death,

(

i) sustained by any person who, at the time of the accident, was driving

or operating the automobile while in a condition for which they are

convicted of an offence under

section 320.14 of the Criminal Code

(Canada) or under or in connection with circumstances for which

they are convicted of an offence under

section 320.15 of the Criminal

Code (Canada) unless they establish that their impairment by alcohol

or drug was not the proximate cause of the accident, or

(ii) sustained by any person driving the automobile who is not for the

time being either authorized by law or qualified to drive the

automobile.

(4) Notice and proof of claim

Subject to the Automobile Accident Diagnostic and Treatment Protocols Regulations ,

the insured person or his agent, or the person otherwise entitled to make claim or his

agent, shall,

(

a) give written notice of claim to the Insurer by delivery thereof or by sending

it by registered mail to the chief agency or head office of the Insurer in the

Province, within 30 days from the date of the accident or as soon as

practicable thereafter;

(

b) within 90 days from the date of the accident for which the claim is made, or

as soon as practicable thereafter, furnish to the Insurer such proof of claim

as is reasonably possible in the circumstances of the happening of the

accident and the loss occasioned thereby;

(

c) if so required by the Insurer, furnish a certificate as to the cause and nature

of the accident for which the claim is made and as to the duration of the

disability caused thereby from a physician.

(5) Medical Reports

(

a) Except as provided in clause (b), the Insurer has the right, and the claimant

must afford the Insurer with an opportunity, to examine the person of the

insured person when and as often as it reasonably requires while the claim

is pending and, in the case of the death of the insured person, to make an

autopsy subject to the law relating to autopsies.

(

b) Clause (

a) does not apply with respect to an injury while it is treated under

the Automobile Accident Diagnostic and Treatment Protocols Regulations ,

and the insurer has no right to independent review of any treatment, supply

or service, diagnostic imaging, laboratory testing, specialized testing, visit,

therapy, assessment, making of a report or other activity or function

authorized under the Automobile Accident Diagnostic and Treatment

Protocols Regulations .

(6) Release

Notwithstanding any release provided for under the relevant sections of the Insurance

Act , the Insurer may demand, as a condition precedent to payment of any amount under

this

section of the policy, a release in favour of the insured and the Insurer from liability

to the extent of such payment from the insured person or his personal representative or

any other person.

(7) When moneys payable

(

a) Subject to the Automobile Accident Diagnostic and Treatment Protocols

Regulations , all amounts payable under this section, other than benefits

under

Part II of subsection 2, shall be paid by the Insurer within 30 days

after it has received proof of claim. The initial benefits for loss of time

under

Part II of subsection (2) shall be paid within 30 days after it has

received proof of claim, and payments shall be made thereafter within each

30-day period while the Insurer remains liable for payments if the insured

person, whenever required to do so, furnishes prior to payment proof of

continuing disability.

(

b) No person shall bring an action to recover the amount of a claim under this

section unless the requirements of provisions 3 and 4 of this subsection are

complied with, nor until the amount of the loss has been ascertained as

provided in this section.

(

c) Every action or proceeding against the Insurer for the recovery of a claim

under this

section shall be commenced within one year from the date on

which the cause of action arose and not afterwards.

(8) Limitation on benefit payable

Where a person is entitled to benefits under more than one contract providing insurance

of the type set forth in subsection 1, 2 or 2A, he or his personal representative or any

person claiming through or under him or by virtue of the Fatal Injuries Act or the

Survivorship Act may recover only an amount equal to one benefit.

In so far as applicable the general provisions,

definitions, exclusions and mandatory

conditions of the policy also apply.

________________________________________________________________

Schedule 3: [repealed]

Legislative History

Reference Tables

Automobile Insurance Contract Mandatory Conditions

Regulations

N.S. Reg.

181/2003

Insurance Act

Note: The

information in these tables does not form part of the regulations and is

compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Automobile Insurance Contract Mandatory Conditions Regulations made

under the Insurance Act includes all

of the following regulations:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

181/2003

Nov 1,

date

specified

Nov

14, 2003

197/2003

Apr 1,

2004 1

date

specified

Dec

12, 2003

227/2003

Apr 1,

2004 1

date

specified

Jan 9,

326/2011

Apr 1,

date

specified

Jan

13, 2012

161/2012

Aug

20, 2012

date

specified

Sep 7,

21/2013

Apr 1,

date

specified

Feb 8,

67/2016

Apr

13, 2016

date

specified

Apr

29, 2016

226/2018

Dec

18, 2018

date

specified

Jan 4,

The following regulations are not yet in force and are

not included in the current consolidation:

N.S.

Regulation

In force

date*

How in force

Royal Gazette

Part II Issue

*See subsection 3(6) of the Regulations Act for

rules about in force dates of regulations.

Amendments by Provision

ad. = added

am. = amended

fc. = fee change

ra. = reassigned

rep. = repealed

rs . = repealed and substituted

Provision affected

How affected

4 ........................................................

rep. 326/2011

Schedules

Schedule 1, 6(3) ................................

am. 67/2016

Schedule 1, 10 ..................................

ad. 227/2003

Schedule 2, subsection 1 ..................

rs . 326/2011, 21/2013

Schedule 2, subsection 2 ..................

rs . 326/2011

Schedule 2, subsection 2,

part I ..

am. 161/2012

Schedule 2, subsection 3(3)(b)(i) 2 ....

rs . 226/2018

Schedule 2, subsection 3(4) ..............

am. 21/2013

Schedule 2, subsection 3(5) ..............

rs . 21/2013

Schedule 2, subsection 3(7)(a) .........

am. 21/2013

Schedule 2, subsection 3(9) ..............

ad. 197/2003 ; rep. 227/2003

Schedule 3 ........................................

rep. 326/2011

Note that changes to headings are not

included in the above table.

Editorial Notes and Corrections:

Note

Effective

date

The amendment made by N.S. Reg. 197/2003 was repealed

by N.S. Reg. 227/2003 effective on the same date.

The subclause to be replaced should be (3)(b)(

i) of

subsection 3 of

Section B, not (b)(

i) of subsection 3 of

Section B as

instructed in amendment. Amendment

applied to (3)(b)(

i) for the purposes of the consolidation.

Repealed and Superseded:

N.S.

Regulation

Title

In force

date

Repealed

date

Note: Only

regulations that are specifically repealed and replaced appear in this

table. It may not reflect the entire

history of regulations on this subject matter.