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Chapter A-47 Current as of May 14, 2026 AUTOMOBILE INSURANCE ACT

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1 AUTOMOBILE INSURANCE ACT

Chapter A-47 Table of Contents

Part 1

Definitions and Application 1

Definitions 2 Application 3 Non-application of Act

Part 2 Benefits and Expenses Division 1 General 4 No tort actions or proceedings 5 Benefits payable regardless of fault 6 Excess compensation — optional policy 7 Excess compensation — accident outside Alberta 8 Insurer’s right of subrogation — accident outside Alberta involving out-of-province automobile Division 2 Health Care and Related Expenses 9 Insurer to pay or reimburse 10 Health care and related expenses 10.1 Program of care 11 Accessibility supports 12 Transportation, lodging and meal expenses 13 Daily living assistance expenses 14 Expenses for care of other person 15 Expenses respecting family enterprise 16 Other expenses 16.1 Discretionary goods and services 17 Determination of entitlement to payment or reimbursement

Chapter A-47 2 AUTOMOBILE INSURANCE ACT Division 3 Income Replacement and Other Monetary Benefits 18 Full-time earners 19 More remunerative employment 20 Temporary and part-time earners 21 Non-earners 22 Loss-of-studies benefit — student 23 Income replacement benefit — student 24 Student unable to begin or contin ue studies and hold employment 25 Student unable to hold employment after studies 26 Entitlement to greater benefit 27 Loss-of-studies benefit — minor 28 Income replacement benefit — minor 29 Minor unable to begin or continue studies and hold employment 30 Minor unable to hold employment after studies 31 Entitlement to greater benefit 32 Caregiver benefit 33 No entitlement for unemployed person 65 years or older 34 Retirement income benefit 35 Determination of entitlement to benefits Division 4 Permanent Impairment 36 Permanent impairment benefit 37 Effect of death on perma nent impairment benefit 38 Determination of entitlement to permanent impairment benefit Division 5 Death Benefits and Related Expenses 39 Death benefit for spouse or adult interdependent partner 40 Death benefit for dependant 41 Death benefit for dependent child if deceased had no spouse or adult interdependent partner 42 Entitlement of child and parent of deceased 42.1 Determination of entit lement to death benefit 43 Funeral and interment expenses 44 Grief counselling expenses 45 Determination of entitlement to payment or reimbursement

Chapter A-47 3 AUTOMOBILE INSURANCE ACT Division 6 Ineligibility, Suspension, Reduction or End of Benefits 46 Insured unable to hold employment 47 Compensation reduced, suspended, terminated or denied 48 End of benefits following death of insured 49 End of income replacement benef it — non-catastrophic injury 50 Suspension or end of income replacement benefit — catastrophic injury 51 Income replacement benefit reduced 52 End of loss-of-studies benefit 53 End of caregiver benefit Division 7 Claims 54 Claims 55 Insurer to advise and assist claimants 56 Employment information 57 Medical assessments 58 Health care reports 59 Autopsy 60 Change in circumstances Division 8 Payment of Benefits and Reimbursements 61 Payments — general 63 Other compensation not affected by adjustment 64 Interest where compensation not paid 65 No alternative financial arrangements 66 Discretionary payments not waiver 67 Payment to estate 68 Payment to minor 69 Payment to adult lacking capacity 70 Compensation other than in come replacement benefits and retirement income benefits not subject to seizure Division 9 Decisions and Reviews by Insurers 71 Notices of decision 72 Reconsiderations 73 Reviews

Chapter A-47 4 AUTOMOBILE INSURANCE ACT Division 10 Recovery of Compensation 75 Insurer entitled to recovery of overpayments 76 Insurer entitled to recovery from certain persons 76.1 Loss transfer Division 11 Compensation under Other Acts or Plans 77 Other compensation 78 Compensation under Workers’ Compensation Act

Part 3 Tort Bar Exceptions 80 Tort action for non-pecuniary damages 81 Tort action for pecuniary damages 82 No subrogation

Part 4 Tribunal and Appeals 83 Alberta Automobile Care-first Tribunal 84 Employees 85 Powers of Tribunal 86 Appeals 87 Conduct of appeals 88 Evidence 89 Decisions final 90 Publication

Part 5 Administration and General Matters 91 Delegation of powers 92 Superintendent of Insurance 92.1 Court application 93 Guidelines and inte rpretation bulletins 93.1 Standards, rules, etc. 94 Fee and compensation amounts 95 Extension of time 96 Forms and procedures 96.1 Electronic insurance claims information system 97 Additional information 98 Compliance with forms and notices 99 Agreements with other jurisdictions 100 Immunity

Section 1

Chapter A-47 5 AUTOMOBILE INSURANCE ACT 101 Lieutenant Governor in Council regulations 102 Deficiency regulations

Part 6 Transitional and Coming into Force 103 Transitional 104 Coming into force HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:

Part 1

Definitions and Application

Definitions 1 In this Act, (a) “accident” means an event resulting in bodily injury or death arising from the use or operation of an automobile and includes bodily injury or death caused by the load of an automobile or a trailer used in connection with an automobile; (b) “adult interdependent partner” means adult interdependent partner as defined in the Adult Interdependent Relationships Act; (c) “automobile” includes a trolley bus and a self-propelled vehicle, and the trailers, accessories and equipment of automobiles, but does not include watercraft, aircraft or railway rolling stock that runs on rails; (d) “benefit” includes an income replacement benefit, loss-of-studies benefit, caregiver benefit, retirement income benefit, permanent impairment benefit and death benefit payable under

Part 2; (e) “bodily injury” means any physical or mental injury, including permanent physical or mental impairment, sustained as a result of an accident; (e.1) “care recipient”, in relation to an insured, means a person (

i) who is (

A) under 16 years of age, or

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Chapter A-47 6 AUTOMOBILE INSURANCE ACT (

B) regularly unable to hold employment, a n d (ii) to whom the insured provides care; (f) “catastrophic injury” means a bodily injury prescribed as a catastrophic injury in the regulations; (g) “claimant” means an insured or other person who makes a claim with an insurer for payment of compensation under this Act; (h) “compensation” means a benefit or an expense; (i) “Court” means the Court of King’s Bench; (j) “deceased” means an insured who dies as a result of an accident; (k) “dependant”, in relation to an insured, means any of the following: (

i) a person who, at the time of the accident, (

A) is under 18 years of age, and (

B) relies on the insured for financial support and for whose support the insured is legally liable; (ii) a person who, at the time of the accident, (

A) is 18 years of age or over, (

B) resides in the same dwelling premises as the insured, and (

C) principally relies on the insured for financial support because of mental or physical disability; (iii) a parent, including the spouse or adult interdependent partner of a parent, of an insured, who, at the time of the accident, (

A) resides in the same dwelling premises as the insured, and (

B) principally relies on the insured for financial support, (iv) a prescribed person;

Section 1

Chapter A-47 7 AUTOMOBILE INSURANCE ACT (l) “expense” means an expense of which the payment or reimbursement is required under

Part 2; (m) “full-time earner” means an insured who, at the time of an accident, holds regular employment on a full-time basis, but does not include a minor or student; (n) “insured” means a person who, under

section 5, is entitled to compensation in respect of their bodily injury or death sustained as a result of an accident; (n.1) “medical assessment” mean s an assessment of a claimant’s bodily injury required by an insurer under

section 57; (o) “Minister” means the Minister determined under

section 16 of the Government Organization Act as the Minister responsible for this Act; (p) “minor” means an insured wh o is under 18 years of age at the time of an accident; (q) “motor vehicle liability policy” means (

i) a motor vehicle liability policy as defined in the Insurance Act, or (ii) a financial responsibility card issued by the Superintendent to a corporation under

section 825 of the Insurance Act; (r) “non-earner” means an insu red who, at the time of the accident, is not employed but is able to work, but does not include (

i) a minor, (ii) a student, or (iii) an insured (

A) who has not held employment in the 2 years immediately preceding the date of the accident, and (

B) who, in an insurer’s opinion, would not have held employment in the future had the accident not occurred; (r.1) “occupant” means a person driving, being carried in or on, entering into, getting onto or alighting from an automobile;

Section 2

Chapter A-47 8 AUTOMOBILE INSURANCE ACT (s) “part-time earner” means an insured who, at the time of an accident, holds regular employment on a part-time basis, but does not include a minor or a student; (t) “permanent impairment” means a bodily injury prescribed as a permanent impairment in the regulations; (u) “student” means an insured who, at the time of an accident, is (i) 18 years of age or older and attending a secondary school or post-secondary institution on a full-time basis, or (ii) a minor who has completed the requirements for graduation from secondary school and is attending a post-secondary institution on a full-time basis; (v) “Superintendent” means the Superintendent of Insurance appointed under the Insurance Act; (w) “temporary earner” means an insured who, at the time of an accident, holds regular employment on a temporary basis, but does not include a minor or student; (x) “Tribunal” means the Alberta Automobile Care-first Tribunal established in

section 83. 2025 cA-47 s1;2026 c8 s3(2) Application 2 This Act applies to an accident that occurs on or after the date this

section comes into force. 2025 cA-47 s2;2026 c8 s3(3) Non-application of Act 3 Notwithstanding

section 2, this Act does not apply to the following: (

a) bodily injury or death sustained as a result of an accident (

i) caused, while an automobile is not in motion, by, or by the use of, a device mounted on or attached to the automobile that can be operated independently from the automobile, (ii) that occurs in prescribed circumstances or involves prescribed automobiles, or (iii) that is described in the regulations;

Section 4

Chapter A-47 9 AUTOMOBILE INSURANCE ACT (

b) a prescribed bodily injury or death. 2025 cA-47 s3;2026 c8 s3(4)

Part 2 Benefits and Expenses Division 1 General No tort actions or proceedings 4(1) Notwithstanding any other law but subject to subsections (2) and (3) and the regulations, (

a) a person has no right of action and must not commence or maintain proceedings respecting bodily injury or death sustained as a result of an accident, and (

b) no action or proceeding may be commenced or maintained in any court respecting bodily injury or death sustained as a result of an accident. (2) Subsection (1) does not bar (

a) a right of action or the ability to commence or maintain proceedings in respect of (

i) an accident that occurred outside Alberta as described in

section 7, (ii) the recovery, under

section 8, of compensation paid by an insurer in respect of an accident that occurred outside Alberta, or (iii) the recovery, under

section 75 or 76, of compensation paid by an insurer to or on behalf of an insured or other claimant, (

b) an action or proceeding under

section 80 or 81, (

c) an action or proceeding in respect of an accident under the Workers’ Compensation Act, or (

d) an action or proceeding brou ght by the Administrator under the Motor Vehicle Accident Claims Act.

(3) For greater certainty, subsection (1) does not bar a person from (

a) appealing a decision of an insurer under

section 86(1), or

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Chapter A-47 10 AUTOMOBILE INSURANCE ACT (

b) applying for judicial review of a decision or order of the Tribunal under

section 89(2). 2025 cA-47 s4;2026 c8 s3(5) Benefits payable regardless of fault 5(1) Unless otherwise provided for in this Act or the regulations, an insurer shall, under a motor vehicle liability policy, provide compensation to or in respect of a person who sustains bodily injury or death as a result of an accident in accordance with this Act and the regulations, regardless of whether the person is at fault for the accident.

(2) Subject to subsections (9) and (10) and the regulations, a person entitled to compensation under this Act must be compensated in accordance with the following: (

a) if the person sustained bodily injury or death as a result of an accident while they were an occupant of an automobile, the person must be compensated (

i) by the insurer who issued a motor vehicle liability policy under which the person is (

A) the named insured, (

B) the spouse or adult interdependent partner of the named insured, (

C) a dependant of the named insured, or (

D) specified as a driver of an automobile identified in the policy, (ii) by the insurer of the automobile in which the person sustained bodily injury or death while they were an occupant, if compensation is unavailable under subclause (i), (iii) by the insurer of any other automobile involved in the accident, if compensation is unavailable under subclause (

i) or (ii), or (iv) under the Motor Vehicle Accident Claims Act, if compensation is unavailable under subclause (i), (ii) or (iii); (

b) if the person sustained bodily injury or death as a result of an accident while they were not an occupant of an automobile, the person must be compensated

Section 5

Chapter A-47 11 AUTOMOBILE INSURANCE ACT (

i) by the insurer who issued a motor vehicle liability policy under which the person is (

A) the named insured, (

B) the spouse or adult interdependent partner of the named insured, (

C) a dependant of the named insured, or (

D) specified as a driver of an automobile identified in the policy, (ii) by the insurer of the automobile that struck the person, if compensation is unavailable under subclause (i), (iii) by the insurer of any other automobile involved in the accident, if compensation is unavailable under subclause (

i) or (ii), or (iv) under the Motor Vehicle Accident Claims Act, if compensation is unavailable under subclause (i), (ii) or (iii).

(3) If a person is entitled to compensation from more than one insurer under subsection (2)(a)(

i) or (iii), in the case of a person who was an occupant of an automobile, or under subsection (2)(b)(

i) or (iii), in the case of a person who was not an occupant of an automobile, the person may, in their discretion, decide which insurer must provide the compensation.

(4) Notwithstanding subsection (3), if a person is the named insured under a motor vehicle liability policy, the spouse or adult interdependent partner of the named insured or a dependant of the named insured, the person must be compensated by the insurer who issued that policy.

(5) Subject to subsection (6), if a person is entitled to compensation from more than one insurer under subsection (4), the person may, in their discretion, decide which insurer must provide the compensation.

(6) If a person is entitled to compensation from more than one insurer under subsection (4) and the person was, at the time of the accident, an occupant of an automobile in respect of which the person is the named insured under a motor vehicle liability policy, the spouse or adult interdependent partner of the named insured or a dependant of the named insured, the person must be compensated by the insurer of the automobile in which the person was an occupant.

Section 6

Chapter A-47 12 AUTOMOBILE INSURANCE ACT

(7) If a person is entitled to compensation under this Act in respect of another person’s bodily injury or death, the person must be compensated by the same insurer who, under this section, must compensate the person who sustained bodily injury or death.

(8) This

section applies if the accident occurs in Canada or a jurisdiction of the United States of America or on a vessel travelling between ports of those countries.

(9) A person is not entitled to compensation under this Act if (

a) the person falls within a prescribed class of excluded persons, (

b) only one automobile is involved in the accident, the automobile is a prescribed excluded automobile and the accident occurs in the prescribed circumstances, (

c) more than one automobile is involved in the accident, each automobile is a prescribed excluded automobile and the accident occurs in the prescribed circumstances, or (

d) the accident occurs in the prescribed circumstances.

(10) A person who is resident in a jurisdiction outside Alberta is not entitled to compensation under this Act if (

a) the person is a resident of British Columbia or is otherwise eligible to receive compensation from the Insurance Corporation of British Columbia, or (

b) the Minister has entered into an agreement with the government or an agency of the government of that jurisdiction and, under the agreement, an insurer is not to provide compensation to persons residing in that jurisdiction. 2025 cA-47 s5;2026 c8 s3(6) Excess compensation — optional policy 6(1) In this section, “excess compensation” means compensation in amounts in excess of either or both of the following: (

a) the maximum amounts established under this Act that an insurer is liable to pay or reimburse an insured under sections 10 to 16 or

section 43 or 44 for an expense the insured incurs; (

b) the amounts established or determined under this Act that an insurer is liable to pay an insured as a benefit.

Section 7

Chapter A-47 13 AUTOMOBILE INSURANCE ACT

(2) Subject to the regulations, an insurer may offer a motor vehicle liability policy that provides an insured with excess compensation.

(3) An insurer that offers a motor vehicle liability policy that provides excess compensation shall also offer the option of a motor vehicle liability policy that provides compensation only in the amounts established under this Act.

(4) If an insured obtains a motor vehicle liability policy that provides excess compensation, only the following persons are entitled to excess compensation under the policy: (

a) the named insured under the motor vehicle liability policy; (

b) a spouse or adult interdependent partner of the named insured under the motor vehicle liability policy; (

c) a dependant of the named insured under the motor vehicle liability policy. 2025 cA-47 s6;2026 c8 s3(6) Excess compensation — accident outside Alberta 7 An insured entitled to compensation under this

Part in respect of an accident that occurred outside Alberta may, subject to an insurer’s right of subrogation, exercise any right or remedy that the insured has under the law of the place where the accident occurred for compensation in excess of the compensation received under this Part. Insurer’s right of subrogation — accident outside Alberta involving out-of-province automobile 8 If an insured is entitled to compensation under this

Part in respect of an accident that occurred outside Alberta, an insurer is subrogated to the insured’s rights and is entitled to recover the amount of compensation paid by the insurer to or on behalf of the insured from any of the following: (

a) a person who is a non-resident of Alberta and who was (

i) driving an automobile registered or required to be registered in another jurisdiction at the time of the accident, and (ii) at fault for the accident under the law of the place where the accident occurred; (

b) a person who is liable to pay compensation in respect of the bodily injury or death sustained as a result of the accident

Section 9

Chapter A-47 14 AUTOMOBILE INSURANCE ACT for which the non-resident referred to in clause (

a) was at fault. 2025 cA-47 s8;2026 c8 s3(7) Division 2 Health Care and Related Expenses Insurer to pay or reimburse 9(1) Subject to the regulations, an insurer shall pay or reimburse reasonable and necessary expenses to which an insured is entitled under this Division.

(2) When an insured is entitled to the payment or reimbursement of an expense provided for under this Division, a person who pays the expense on behalf of the insured is entitled to reimbursement of the expense.

(3) Subject to

section 78, an insurer is, in the first instance, liable for the payment or reimbursement of an expense under this Division, unless the insured is entitled to payment or reimbursement of the expense under the Alberta Health Care Insurance Act or another Act, in which case the insurer is liable only for the portion of the expense not paid or reimbursed under that Act or the other Act. Health care and related expenses 10 Subject to the regulations, an insured is entitled to the payment or reimbursement of reasonable and necessary expenses incurred by the insured for the following because of their bodily injury: (

a) health care services; (

b) a prosthesis or orthosis; (

c) medical equipment; (

d) medication and supplies. 2025 cA-47 s10;2026 c8 s3(8) Program of care 10.1(1) For the purpose of

section 10(a), the Minister may establish a code, guideline, method, practice, standard or body of rules governing (

a) the diagnosis and treatment of particular bodily injuries, and (

b) the health care services to which an insured who sustains a particular bodily injury is entitled to have paid or reimbursed.

Section 11

Chapter A-47 15 AUTOMOBILE INSURANCE ACT

(2) The Regulations Act does not apply to a body of rules established under subsection (1) and, for greater certainty, does not apply to a code, guideline, method, practice or standard established under that subsection.

(3) As soon as practicable after establishing a code, guideline, method, practice, standard or body of rules under subsection (1), the Minister shall make the code, guideline, method, practice, standard or body of rules publicly available on the website of the Minister’s department.

(4) A regulation made under

section 101 supersedes a code, guideline, method, practice, standard or body of rules established under this

section to the extent of any conflict.

(5) An insurer shall (

a) comply with a code, guideline, method, practice, standard or body of rules established under subsection (1), and (

b) pay for or reimburse an insured for a health care service that, under the code, guideline, method, practice, standard or body of rules, the insured is entitled to receive in respect of their bodily injury. 2026 c8 s3(8) Accessibility supports 11 Subject to the regulations, an insured is entitled to the payment or reimbursement of reasonable and necessary expenses incurred by the insured for an accessibility support because of their bodily injury. 2025 cA-47 s11;2026 c8 s3(8) Transportation, lodging and meal expenses 12(1) Subject to the regulations, an insured is entitled to the payment or reimbursement of reasonable and necessary transportation, lodging and meal expenses incurred by the insured for the following purposes: (

a) receiving or obtaining (

i) a health care service referred to in

section 10(a), (ii) a prosthesis or orthosis referred to in

section 10(b), (iii) medical equipment referre d to in

section 10(c), or (iv) medication and supplies referred to in

section 10(d); (

b) receiving or obtaining an acce ssibility support referred to in

section 11;

Section 13

Chapter A-47 16 AUTOMOBILE INSURANCE ACT (

c) attending a medical assessment; (

d) submitting or receiving a document related to a claim for compensation made under this Part.

(2) Subject to the regulations, if an insured requires another person’s accompaniment to receive or attend to anything referred to in subsection (1), the accompanying person is entitled to the payment or reimbursement of reasonable and necessary transportation, lodging and meal expenses incurred for the purpose of accompanying the insured.

(3) Subject to the regulations, if an insured requires critical care because of their bodily injury, a person who attends to the insured is entitled to the payment or reimbursement of reasonable and necessary transportation, lodging and meal expenses incurred for the purpose of attending to the insured. 2025 cA-47 s12;2026 c8 s3(8) Daily living assistance expenses 13 Subject to the regulations, if an insured is unable to perform an activity of daily living without assistance because of their bodily injury, the insured is entitled to the payment or reimbursement of reasonable and necessary expenses incurred by the insured to assist with the activity of daily living. 2025 cA-47 s13;2026 c8 s3(9) Expenses for care of other person 14(0.1) In this section, “part-time employment” means regular employment on a part-time basis.

(1) Subject to the regulations, an insured who, because of their bodily injury, becomes unable to care for a care recipient is entitled to the payment or reimbursement of reasonable and necessary expenses incurred to pay the cost of care if, at the time of the accident, the insured was (

a) a full-time earner or temporary earner, (

b) a part-time earner who held more than one part-time employment for a combined total of not less than 28 hours a week, (

c) a minor or student, (

d) a part-time earner or non-earner, and who, by the end of the prescribed period, (

i) elected to receive an income replacement benefit under

section 32(4), or

Section 15

Chapter A-47 17 AUTOMOBILE INSURANCE ACT (ii) is deemed to have elected to receive an income replacement benefit under

section 32(6), or (

e) a person in a prescribed class of persons.

(2) Despite subsection (1), an insured residing with a spouse or adult interdependent partner is entitled to the payment or reimbursement of expenses under this

section only for the time that the spouse or adult interdependent partner is also unable to care for a care recipient as a result of the spouse’s or adult interdependent partner’s (

a) illness, (

b) disability, (

c) work, or (

d) studies. 2025 cA-47 s14;2026 c8 s3(10) Expenses respecting family enterprise 15(1) Subject to the regulations, if an insured is, at the time of an accident, working without remuneration in a family enterprise and the insured is unable to perform their regular duties in the family enterprise because of their bodily injury, the insured is entitled to payment or reimbursement of reasonable and necessary expenses incurred during the first 180 days after the accident to have their regular duties performed by another person during those 180 days.

(2) If an insurer reasonably determines that an insured was regularly unable, before the accident, to hold employment for any reason except age, the insured is not entitled to the payment or reimbursement of an expense under this section. 2025 cA-47 s15;2026 c8 s3(11) Other expenses 16 Subject to the regulations, an insured or other claimant is entitled to payment or reimbursement of reasonable and necessary expenses incurred by the insured or other claimant because of the insured’s bodily injury if those expenses are within a prescribed category of expenses. 2025 cA-47 s16;2026 c8 s3(12) Discretionary goods and services 16.1 Subject to the regulations, an insurer may pay or reimburse reasonable and necessary expenses incurred by an insured because

Section 17

Chapter A-47 18 AUTOMOBILE INSURANCE ACT of their bodily injury for a good or service for which the insured is not entitled to payment or reimbursement under sections 10 to 16. 2026 c8 s3(13) Determination of entitlement to payment or reimbursement 17 The entitlement of an insured or other claimant to the payment or reimbursement of an expense under this Division is subject to (

a) the amount, including the ma ximum or aggregate amount, if any, established under

section 94 that may be paid or reimbursed for the expense, and (

b) the terms, conditions, restrictions, requirements and exclusions relating to the payment or reimbursement of the expense established in the regulations. 2025 cA-47 s17;2026 c8 s3(14) Division 3 Income Replacement and Other Monetary Benefits Full-time earners 18(1) In this

section and

section 19, “full-time employment” means regular employment on a full-time basis.

(2) Subject to the regulations, a full-time earner is entitled to an income replacement benefit where any of the following occurs as a result of an accident: (

a) the full-time earner is unable to continue full-time employment; (

b) the full-time earner is unable to continue any other employment that the full-time earner held in addition to the full-time employment held at the time of the accident; (

c) the full-time earner is deprived of a benefit under the Employment Insurance Act (Canada) to which the full-time earner was entitled at the time of the accident. 2025 cA-47 s18;2026 c8 s3(15) More remunerative employment 19(1) Subject to the regulations, if an insurer reasonably determines that a full-time earner entitled to an income replacement benefit under

section 18 would have held, but for special circumstances, more remunerative employment at the time of the accident than the full-time earner actually held, the full-time earner is entitled to receive an income replacement benefit under

Section 20

Chapter A-47 19 AUTOMOBILE INSURANCE ACT

section 18 determined on the basis of that more remunerative employment.

(2) An insurer shall determine whether a full-time earner is entitled to receive an income replacement benefit determined on the basis of more remunerative employment if the insurer (

a) is requested to do so in writing by the full-time earner, or (

b) becomes aware of the exis tence of special circumstances that may entitle the full-time earner to receive an income replacement benefit determined on the basis of that more remunerative employment.

(3) The more remunerative employment must be full-time employment that is commensurate with the training, experience and abilities of the full-time earner immediately before the accident. Temporary and part-time earners 20 Subject to the regulations, a temporary earner or part-time earner is entitled to an income replacement benefit where either of the following occurs as a result of an accident: (

a) the temporary earner or part-time earner is unable to continue employment or hold employment that the temporary earner or part-time earner would have held during a prescribed period if the accident had not occurred; (

b) the temporary earner or part -time earner is deprived of a benefit under the Employment Insurance Act (Canada) to which the temporary earner or part-time earner was entitled at the time of the accident. Non-earners 21(1) Subject to the regulations, a non-earner is entitled to an income replacement benefit where either of the following occurs as a result of an accident: (

a) the non-earner is unable to hold employment that the non-earner would have held during a prescribed period if the accident had not occurred; (

b) the non-earner is deprived of a benefit under the Employment Insurance Act (Canada) to which the non-earner was entitled at the time of the accident.

(2) If a non-earner is entitled to an income replacement benefit under both subsection (1)(

a) and (b), the non-earner is, during the

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Chapter A-47 20 AUTOMOBILE INSURANCE ACT period of dual entitlement, entitled only to whichever income replacement benefit is greater. 2025 cA-47 s21;2026 c8 s3(16) Loss-of-studies benefit — student 22 Subject to the regulations, a student is entitled to a loss-of-studies benefit for the period during which the student is, as a result of an accident, unable to begin or continue their studies on a full-time basis. 2025 cA-47 s22;2026 c8 s3(17) Income replacement benefit — student 23 Subject to the regulations, a student is entitled to an income replacement benefit where either of the following occurs as a result of an accident: (

a) the student is unable to hold employment that the student would have held if the accident had not occurred; (

b) the student is deprived of a benefit under the Employment Insurance Act (Canada) to which the student was entitled at the time of the accident. Student unable to begin or continue studies and hold employment 24(1) Subject to the regulations, a student is entitled to an income replacement benefit where, as a result of an accident, the student is, after the prescribed date, unable to (

a) begin or continue studies, and (

b) hold employment.

(2) A student is entitled to an income replacement benefit under subsection (1) for the time that the student remains unable to hold employment because of their bodily injury. 2025 cA-47 s24;2026 c8 s3(18) Student unable to hold employment after studies 25(1) Subject to the regulations, a student who begins or continues their studies after an accident but, as a result of the accident, is unable to hold employment after completing or ending their studies is entitled to an income replacement benefit.

(2) A student is entitled to an income replacement benefit under subsection (1) for the time that the student remains unable to hold employment because of their bodily injury. 2025 cA-47 s25;2026 c8 s3(19)

Section 26

Chapter A-47 21 AUTOMOBILE INSURANCE ACT Entitlement to greater benefit 26 If a student is entitled to an income replacement benefit under both

section 23 and either

section 24 or 25, the student is, during the period of dual entitlement, entitled only to whichever income replacement benefit is greater. 2025 cA-47 s26;2026 c8 s3(20) Loss-of-studies benefit — minors 27 Subject to the regulations, a minor is entitled to a loss-of-studies benefit for the period during which the minor is, as a result of an accident, unable to begin or continue their studies. 2025 cA-47 s27;2026 c8 s3(21) Income replacement benefit — minors 28 Subject to the regulations, a minor is entitled to an income replacement benefit where either of the following occurs as a result of an accident: (

a) the minor is unable to hold employment that the minor would have held if the accident had not occurred; (

b) the minor is deprived of a benefit under the Employment Insurance Act (Canada) to which the minor was entitled at the time of the accident. Minor unable to begin or continue studies and hold employment 29(1) Subject to the regulations, a minor is entitled to an income replacement benefit where, as a result of an accident, the minor is, following the end of the school year in which the minor reaches 18 years of age, unable to (

a) begin or continue their studies, and (

b) hold employment.

(2) A minor is entitled to an income replacement benefit under subsection (1) for the time that the minor remains unable to hold employment because of their bodily injury. 2025 cA-47 s29;2026 c8 s3(22) Minor unable to hold employment after studies 30(1) Subject to the regulations, a minor who begins or continues their studies after an accident but, as a result of the accident, is unable to hold employment after completing or ending their studies is entitled to an income replacement benefit.

Section 31

Chapter A-47 22 AUTOMOBILE INSURANCE ACT

(2) A minor is entitled to an income replacement benefit under subsection (1) for the time that the minor remains unable to hold employment because of their bodily injury. 2025 cA-47 s30;2026 c8 s3(23) Entitlement to greater benefit 31 If a minor is entitled to an income replacement benefit under both

section 28 and either

section 29 or 30, the minor is, during the period of dual entitlement, entitled only to whichever income replacement benefit is greater. 2025 cA-47 s31;2026 c8 s3(24) Caregiver benefit 32(1) Subject to the regulations, an insured, other than an insured who is a full-time earner, temporary earner, student or minor, is entitled to a caregiver benefit if (

a) the insured’s main occupatio n at the time of the accident is caring for, without remuneration, a care recipient, and (

b) the insured is unable to cont inue providing care to the care recipient because of the insured’s bodily injury or death.

(2) If an insured entitled to a benefit dies as a result of an accident, the amount of the caregiver benefit that would have been payable to the insured had the insured survived is payable in accordance with the regulations.

(3) A part-time earner or non-earner receiving a caregiver benefit under subsection (1) may receive only one of the following after the end of the prescribed period: (

a) a caregiver benefit; (

b) an income replacement benefit under (

i) section 20, in the case of a part-time earner, or (ii)

section 21, in the case of a non-earner.

(4) A part-time earner or non-earner must, within the prescribed period, elect to receive either a caregiver benefit or an income replacement benefit for the purposes of subsection (3).

(5) An insurer must provide the part-time earner or non-earner with information to assist the part-time earner or non-earner to make an election not later than 60 days before the end of the prescribed period.

Section 33

Chapter A-47 23 AUTOMOBILE INSURANCE ACT

(6) If a part-time earner or non-earner does not make an election under subsection (4) by the end of the prescribed period, the part-time earner or non-earner is deemed to have made an election in accordance with the regulations. 2025 cA-47 s32;2026 c8 s3(25) No entitlement for unemployed person 65 years or older 33(1) Notwithstanding any other

section of this Division, an insured who, on the date of an accident, is 65 years of age or older and does not hold employment is not entitled to an income replacement benefit in respect of bodily injury sustained as a result of the accident, unless the insured has a reasonable expectation of employment.

(2) For the purposes of subsection (1), an insured is considered to have a reasonable expectation of employment if, at the time of the accident, the insured (

a) had received a written offer of employment and had not declined the offer, (

b) had a history of seasonal, casual or temporary employment that would have continued if the accident had not occurred, or (

c) satisfied the prescribed requirements. 2025 cA-47 s33;2026 c8 s3(26) Retirement income benefit 34 Subject to the regulations, an insured whose entitlement to an income replacement benefit ceases under

section 49(1)(

c) or 50(2)(

a) is entitled to a retirement income benefit. 2025 cA-47 s34;2026 c8 s3(27) Determination of entitlement to benefits 35 An insurer shall (

a) determine an insured’s entitlement to a benefit under this Division in accordance with the terms, conditions, restrictions, requirements and exclusions established in the regulations, and (

b) calculate and determine the amount of a benefit to which an insured is entitled in accordance with (

i) any amounts, guidelines , tables, formulas or rules established under

section 94(1) or (3) for that purpose, and (ii) the regulations. 2025 cA-47 s35;2026 c8 s3(27)

Section 36

Chapter A-47 24 AUTOMOBILE INSURANCE ACT Division 4 Permanent Impairment Permanent impairment benefit 36 Subject to

section 37 and the regulations, if an insured sustains a permanent impairment as a result of an accident, the insured is entitled to a permanent impairment benefit. Effect of death on permanent impairment benefit 37(1) If an insured dies of a cause related to the accident in which the insured sustained the permanent impairment on or before the 89th day after the date of the accident, a permanent impairment benefit is not payable.

(2) An insurer is not entitled to recover a permanent impairment benefit paid to an insured if the insured dies of a cause related to the accident following the 89th day after the date of the accident.

(3) If an insured dies of a cause unrelated to the accident and the insured has a permanent impairment as a result of the accident on the date of the insured’s death, an insurer must (

a) estimate the amount of th e permanent impairment benefit that would have been payable to the insured under

section 36 as if the insured had not died, and (

b) pay that permanent impairment benefit to the insured’s estate. Determination of entitlement to permanent impairment benefit 38 An insurer shall (

a) determine an insured’s entitlement to a permanent impairment benefit in accordance with the terms, conditions, restrictions, requirements and exclusions established in the regulations, and (

b) calculate and determine the amount of a permanent impairment benefit to which an insured is entitled in accordance with (

i) any amounts, guidelines , tables, formulas or rules established under

section 94(1) or (3) for that purpose, and (ii) the regulations. 2025 cA-47 s38;2026 c8 s3(28)

Section 39

Chapter A-47 25 AUTOMOBILE INSURANCE ACT Division 5 Death Benefits and Related Expenses Death benefit for spouse or adult interdependent partner 39 Subject to the regulations, the spouse or adult interdependent partner of a deceased is entitled to a death benefit. Death benefit for dependant 40 Subject to the regulations, a dependant of a deceased is entitled to a death benefit. Death benefit for dependent child if deceased had no spouse or adult interdependent partner 41(1) Subject to subsection (2) and the regulations, if, on the date that a deceased dies, the deceased has no spouse or adult interdependent partner but has a child who is a dependant, the child is entitled to (

a) a death benefit under

section 40, and (

b) the death benefit that would have been payable under

section 39 to the spouse or adult interdependent partner of the deceased.

(2) If the deceased has more than one child who is a dependant, the death benefit under subsection (1)(

b) must be divided equally among the children of the deceased who are dependants. Entitlement of child and parent of deceased 42 Subject to the regulations, if a deceased has no spouse or adult interdependent partner and no dependant on the day the deceased dies, each child and parent of the deceased who is not a dependant of the deceased is entitled to a death benefit. Determination of entitlement to death benefit 42.1 An insurer shall (

a) determine a person’s entitlement to a death benefit in accordance with the terms, conditions, restrictions, requirements and exclusions established in the regulations, and (

b) calculate and determine the amount of a death benefit to which a person is entitled in accordance with (

i) any amounts, guidelines , tables, formulas or rules established under

section 94(1) or (3) for that purpose, and (ii) the regulations. 2026 c8 s3(29)

Section 43

Chapter A-47 26 AUTOMOBILE INSURANCE ACT Funeral and interment expenses 43 Subject to the regulations, an insurer must pay or reimburse a person who incurs reasonable and necessary expenses for and related to the funeral and interment of a deceased. 2025 cA-47 s43;2026 c8 s3(30) Grief counselling expenses 44 Subject to the regulations, an insurer must pay or reimburse a person who (

a) is in a prescribed class of relationship with the deceased, and (

b) incurs reasonable and necessary expenses for and related to grief counselling respecting the death of the deceased. SA 2025 cA-47 s44;2026 c8 s3(30) Determination of entitlement to payment or reimbursement 45 The entitlement of a person to the payment or reimbursement of an expense under sections 43 and 44 is subject to (

a) the amount, including the ma ximum or aggregate amount, if any, established under

section 94 that may be paid or reimbursed for the expense, and (

b) the terms, conditions, restrictions, requirements and exclusions relating to the payment or reimbursement of the expense established in the regulations. 2025 cA-47 s45;2026 c8 s3(31) Division 6 Ineligibility, Suspension, Reduction or End of Benefits Insured unable to hold employment 46 Notwithstanding Division 3, if an insurer reasonably determines that an insured was regularly unable, before an accident, to hold employment for any reason except age, the insured is not entitled to an income replacement benefit or a retirement income benefit.

Compensation reduced, suspended, terminated or denied 47 An insurer may, in accordance with the regulations, reduce, suspend, terminate or deny compensation payable to or on behalf of an insured or other claimant in respect of the insured’s bodily injury or death sustained as a result of an accident, if (

a) the insured wilfully caused the accident,

Section 47

Chapter A-47 27 AUTOMOBILE INSURANCE ACT (

b) the insured wilfully caused their own bodily injury or death, (

c) the insured (

i) was using or operating an automobile involved in the accident, (ii) caused the accident, and (iii) is, in respect of their us e or operation of the automobile at the time of the accident, (

A) found guilty of a Criminal Code (Canada) offence prescribed for the purpose of this section, (

B) found guilty under the Youth Criminal Justice Act (Canada) or the National Defence Act (Canada) of a Criminal Code (Canada) offence prescribed under paragraph (A), (

C) found guilty of a Traffic Safety Act offence prescribed for the purpose of this section, (

D) found guilty of an offence under a provision of the law of another jurisdiction in Canada that is the same as or substantially similar to an offence prescribed under paragraph (C), (

E) found guilty of an offence under a provision of the law of a jurisdiction of the United States of America that is the same as or substantially similar to an offence prescribed under paragraph (

A) or (C), (

F) issued a notice of administrative penalty under a prescribed provision of the Traffic Safety Act, (

G) issued a penalty under a provision of the law of another jurisdiction in Canada or of the United States of America that is the same as or substantially similar to a provision of the Traffic Safety Act prescribed under paragraph (F), or (

H) found guilty of a prescribed offence under a prescribed Act, (

d) the insured (

i) was an occupant of an automobile involved in the accident, regardless of who caused the accident, and

Section 47

Chapter A-47 28 AUTOMOBILE INSURANCE ACT (ii) is, in respect of the automobile, found guilty (

A) of a Criminal Code (Canada) offence prescribed for the purpose of this section, (

B) under the Youth Criminal Justice Act (Canada) or the National Defence Act (Canada) of a Criminal Code (Canada) offence prescribed under paragraph (A), (

C) of an offence under a provision of the law of a jurisdiction of the United States of America that is the same as or substantially similar to an offence prescribed under paragraph (A), or (

D) of a prescribed offence under a prescribed Act, (

e) the insured (

i) was using or operating an automobile involved in the accident, (ii) caused the accident, and (iii) is, in respect of their us e or operation of the automobile at the time of the accident, charged (

A) with a Criminal Code (Canada) offence prescribed for the purpose of this section, (

B) under the Youth Criminal Justice Act (Canada) or the National Defence Act (Canada) with a Criminal Code (Canada) offence prescribed under paragraph (A), (

C) with a Traffic Safety Act offence prescribed for the purpose of this section, (

D) with an offence under a provision of the law of another jurisdiction in Canada that is the same as or substantially similar to an offence prescribed under paragraph (C), (

E) with an offence under a provision of the law of a jurisdiction of the United States of America that is the same as or substantially similar to an offence prescribed under paragraph (

A) or (C), or (

F) with a prescribed offence under a prescribed Act, (

f) the insured

Section 48

Chapter A-47 29 AUTOMOBILE INSURANCE ACT (

i) was an occupant of an automobile involved in the accident, regardless of who caused the accident, and (ii) is, in respect of the automobile, charged (

A) with a Criminal Code (Canada) offence prescribed for the purpose of this section, (

B) under the Youth Criminal Justice Act (Canada) or the National Defence Act (Canada) with a Criminal Code (Canada) offence prescribed under paragraph (A), (

C) with an offence under a provision of the law of a jurisdiction of the United States of America that is the same as or substantially similar to an offence prescribed under paragraph (A), or (

D) with a prescribed offence under a prescribed Act, (

g) the insured or other claimant knowingly provides false or inaccurate information to an insurer that is material to the compensation being claimed, (

h) the insured or other claima nt commits a prescribed act or omission, (

i) the insured or other claimant fails to comply with a prescribed requirement, or (

j) the prescribed circumstances exist. 2025 cA-47 s47;2026 c8 s3(32) End of benefits following death of insured 48 Except as otherwise provided for in this Part or the regulations, an insured ceases to be entitled to receive a benefit under Division 3 on the insured’s death. End of income replacement benefit — non-catastrophic injury 49(1) Subject to this

section and the regulations, an insured, other than an insured who sustains a catastrophic injury, ceases to be entitled to an income replacement benefit when any of the following occurs: (

a) the insured is able to hold the employment that the insured held at the time of the accident; (

b) the insured is able to hold the employment referred to in

section 19;

Section 50

Chapter A-47 30 AUTOMOBILE INSURANCE ACT (b.1) the insured is able to hold a prescribed employment; (b.2) one year has elapsed from the day the insured was able to hold a prescribed employment; (b.3) the insured holds a prescribed employment; (

c) the occurrence of the first June 30 following the later of (

i) the date the insured reaches the age of 65, or (ii) the date that is 5 year s after the date on which the insured’s entitlement to receive the income replacement benefit began. (

d) repealed 2026 c8 s3(33).

(2) An insured who would cease to be entitled to an income replacement benefit under subsection (1)(a), (

b) or (b.1) continues to be entitled to receive an income replacement benefit, in the amount and for the period determined in accordance with the regulations, if the insured satisfies the criteria specified in the regulations.

(3) Subject to the regulations, an insured referred to in subsection (1) who suffers a relapse of the insured’s bodily injury is entitled to an income replacement benefit determined in accordance with the regulations. 2025 cA-47 s49;2026 c8 s3(33) Suspension or end of income replacement benefit — catastrophic injury 50(1) Subject to the regulations, an income replacement benefit to which an insured who sustains a catastrophic injury is entitled shall be suspended during the period in which (

a) the insured holds the employment that the insured held at the time of the accident, (

b) the insured holds the employm ent referred to in

section 19, or (

c) the insured holds a prescribed employment.

(2) Subject to the regulations, an insured referred to in subsection (1) ceases to be entitled to an income replacement benefit when any of the following occurs: (

a) the occurrence of the first June 30 following the later of

Section 51

Chapter A-47 31 AUTOMOBILE INSURANCE ACT (

i) the date the insured reaches the age of 65, or (ii) the date that is 5 year s after the date on which the insured’s entitlement to receive the income replacement benefit began; (

b) the prescribed circumstances. 2025 cA-47 s50;2026 c8 s3(34) Income replacement benefit reduced 51 Subject to the regulations, if an insured entitled to an income replacement benefit holds, due to the insured’s bodily injury, employment from which the insured earns a lower income than that used by the insurer to calculate and determine the insured’s income replacement benefit, the income replacement benefit payable must be reduced in accordance with the regulations. 2025 cA-47 s51;2026 c8 s3(35) End of loss-of-studies benefit 52 Subject to the regulations, an insured ceases to be entitled to a loss-of-studies benefit when any of the following occurs: (

a) in the case of a student, the earlier of (

i) the day on which the student becomes able to begin or continue their studies, or (ii) the date that was scheduled, at the time of the accident, for the completion of their studies; (

b) in the case of a minor, the earlier of (

i) the day on which the minor becomes able to begin or continue their studies, or (ii) the end of the school year in which the minor reaches 18 years of age. 2025 cA-47 s52;2026 c8 s3(36) End of caregiver benefit 53 Subject to the regulations, an insured ceases to be entitled to a caregiver benefit in respect of a care recipient when any of the following occurs: (

a) the care recipient (

i) reaches 16 years of age, in the case of a care recipient described in

section 1(e.1)(i)(A), or (ii) becomes able to hold employment, in the case of a care recipient described in

section 1(e.1)(i)(B);

Section 54

Chapter A-47 32 AUTOMOBILE INSURANCE ACT (

b) the insured is able to resume caring for the care recipient; (

c) the period prescribed for the purpose of

section 32(3) has elapsed and the insured (

i) has elected to receive an income replacement benefit under

section 32(4), or (ii) is deemed to have elected to receive an income replacement benefit under

section 32(6). 2025 cA-47 s53;2026 c8 s3(37) Division 7 Claims Claims 54(1) A claim for compensation under this Part must be made in accordance with the regulations.

(2) A claimant shall provide any information, and any authorization necessary for the insurer to obtain information, reasonably requested by the insurer for the purposes of this Part. 2025 cA-47 s54;2026 c8 s3(38) Insurer to advise and assist claimants 55 An insurer shall (

a) endeavor to ensure a claimant is informed about the compensation available under this Part, (

b) reasonably assist a clai mant with making a claim for compensation, and (

c) endeavour to ensure that a claimant receives the compensation to which the claimant is entitled. Employment information 56(1) An employer or former employer of a claimant must, whenever an insurer requests, provide to an insurer as soon as practicable (

a) a statement of the claimant ’s earnings while the claimant was employed by the employer or former employer, and (

b) any other prescribed information that relates to the claimant’s employment.

(2) If the employer does not provide proof of the claimant’s earnings within 6 calendar days after the request is made, the insurer shall consider the claim on the basis of information

Section 57

Chapter A-47 33 AUTOMOBILE INSURANCE ACT provided by the claimant and that is acceptable to an insurer until such time as the employer provides the statement of the claimant’s earnings.

(3) An insurer may apply to the Court for an order if the claimant’s employer or former employer refuses or fails to produce the information referred to in subsection (1).

(4) On being satisfied that an order is necessary for the purposes of ensuring compliance with this section, the Court may make an order directing the claimant’s employer or former employer to produce to the insurer the information required by the insurer.

(5) An application under subsection (3) may be made ex parte if the Court considers it appropriate. Medical assessments 57(1) In this section, “medical assessor” means a health care practitioner who, under the regulations, is authorized to conduct a medical assessment.

(2) Subject to the regulations, an insurer may require a claimant to undergo a medical assessment by a medical assessor (

a) when and as often as the insurer reasonably requires, or (

b) following a request for a medical assessment made by or on behalf of a claimant, if the insurer agrees that a medical assessment is warranted.

(3) An insurer who requires a claimant to undergo a medical assessment shall, in accordance with the regulations, apply to the Superintendent to select a medical assessor.

(4) On receipt of an application, the Superintendent shall, in accordance with the regulations, select a medical assessor to assess the claimant.

(5) A medical assessor shall

schedule and conduct a medical assessment of a claimant in accordance with the regulations.

(6) A medical assessor shall, after conducting a medical assessment, prepare a report on a claimant’s bodily injury in accordance with the regulations and provide a copy of the report to (

a) the insurer, and (

b) any other person set out in the regulations.

Section 58

Chapter A-47 34 AUTOMOBILE INSURANCE ACT

(7) An insurer must, on request by a claimant, provide a copy of a medical assessor’s report to the claimant.

(8) On receipt of a medical assessor’s report, the insurer shall use the report for a purpose specified in the regulations.

(9) Subject to the regulations, a medical assessment of a claimant must be at an insurer’s expense.

(10) Subject to the regulations, an insurer may not require a claimant to undergo any form of assessment or examination related to the claimant’s bodily injury other than as provided for in this section. 2025 cA-47 s57;2026 c8 s3(39) Health care reports 58(1) Subject to the regulations, a health care practitioner who attends to, diagnoses, treats or is consulted by a claimant in respect of the claimant’s bodily injury, or the hospital or other health care facility at which the health care practitioner is practising, must provide an insurer, on request, with the information referred to in subsection (2).

(2) For the purposes of subsection (1), the following information must be provided to an insurer: (

a) a report that includes the following information, to the extent that the information is known or available: (

i) the nature and extent of the claimant’s injuries; (ii) the claimant’s diagnosis; (iii) the claimant’s condition at the time the claimant was attended to, diagnosed, treated or seen for a consultation, as the case may be; (iv) the treatment provided or recommended; (

v) the claimant’s prognosis; (vi) repealed 2026 c8 s3(40); (

b) other information the insurer reasonably requests related to the claimant’s bodily injury.

(3) The information referred to in subsection (2) must be provided to an insurer as soon as reasonably practicable after a request by the insurer. 2025 cA-47 s58;2026 c8 s3(40)

Section 59

Chapter A-47 35 AUTOMOBILE INSURANCE ACT Autopsy 59 Subject to the regulations, an insurer may have an autopsy performed on a deceased in respect of whose death compensation may be paid under this Part. Change in circumstances 60 A claimant must notify an insurer promptly of any change in the claimant’s circumstances that affects, or might affect, either or both of the following: (

a) the claimant’s entitlement to compensation under this Part; (

b) the amount of compensation payable to the claimant under this Part. 2025 cA-47 s60;2026 c8 s3(41) Division 8 Payment of Benefits and Reimbursements Payments — general 61(1) Subject to this Division, an insurer shall pay compensation to which a person is entitled under this

Part in accordance with the regulations.

(2) Repealed 2026 c8 s3(42). 2025 cA-47 s61;2026 c8 s3(42) 62 Repealed 2026 c8 s3(43). Other compensation not affected by adjustment 63 The amount of compensation paid to a person under a private insurance scheme for a loss or expense similar to a loss or expense for which the person is receiving compensation under this Part must not be reduced because of the adjustment of an amount under

section 94(2). 2025 cA-47 s63;2026 c8 s3(44) Interest where compensation not paid 64(1) Subject to the regulations, an insurer shall pay interest if (

a) the insurer fails to pay compensation to which an insured or other claimant is entitled within the prescribed period, (

b) the insurer reduced, suspended, terminated or denied compensation payable to an insured or other claimant and the insured’s or other claimant’s entitlement to the compensation reduced, suspended, terminated or denied is later

Section 65

Chapter A-47 36 AUTOMOBILE INSURANCE ACT (

i) established following a reco nsideration or review of the insurer’s decision under Division 9, (ii) established by a decision or order of the Tribunal, or (iii) otherwise affirmed by the insurer, or (

c) the insurer reduced, suspended, terminated or denied compensation payable to an insured or other claimant, the grounds on which the insurer was authorized to reduce, suspend, terminate or deny the compensation cease, and the insured or other claimant is entitled to be paid the compensation that the insurer reduced, suspended, terminated or denied.

(2) Interest payable under subsection (1) must be calculated in accordance with the regulations. 2025 cA-47 s64;2026 c8 s3(45) No alternative financial arrangements 65(1) Subject to subsections (2) and (3) and the regulations, an insurer shall not make a lump sum payment or enter into an alternative financial arrangement with an insured in lieu of paying compensation to an insured in accordance with the amounts, manner and frequency of payment required under this Act. (2) Subsection (1) does not apply to the following: (

a) the payment of a benefit under this Part that an insurer must pay as a lump sum; (

b) the payment or reimbursement of an expense in full as the expense is incurred by or on behalf of an insured; (

c) the payment of a prescribed benefit or expense.

(3) If an insurer and an insured agree, the insurer may, in accordance with the regulations, enter into a prescribed alternative financial arrangement with the insured in lieu of paying the insured an income replacement benefit or retirement income benefit in accordance with the amounts, manner and frequency of payment required under this Act.

(4) Repealed 2026 c8 s3(46).

(5) A financial arrangement does not release an insurer from the obligation to pay compensation under this Part that

Section 66

Chapter A-47 37 AUTOMOBILE INSURANCE ACT (

a) is not subject to the financial arrangement entered into between the insurer and the insured, and (

b) the insured remains entitled to receive.

(6) A financial arrangement made in contravention of this

section is void. 2025 cA-47 s65;2026 c8 s3(46) Discretionary payment not waiver 66 An insurer may pay compensation that the insurer is not required to pay under this Part, and the payment of such compensation does not constitute a waiver by the insurer to (

a) limit any subsequent compensation to only the compensation which the insured, or any other claimant, is entitled to receive under this Part, or (

b) enforce any other term or condition in a motor vehicle liability policy. Payment to estate 67 If compensation under this

Part is payable to an insured or other person but remains unpaid on the day the insured or other person dies, an insurer shall pay the compensation to the estate of the insured or other person. Payment to minor 68(1) Subject to the regulations, if compensation under this

Part is payable to a minor, the payment must be made in accordance with the Minor’s Property Act.

(2) A payment made by an insurer in accordance with subsection (1) discharges the insurer to the extent of the amount of the payment. 2025 cA-47 s68;2026 c8 s3(47) Payment to adult lacking capacity 69(1) Subject to the regulations, if an insured or other person entitled to compensation under this Part has a trustee under the Adult Guardianship and Trusteeship Act or an attorney acting under the Powers of Attorney Act, an insurer shall pay the compensation to the trustee or attorney.

(2) A payment made by an insurer in accordance with subsection (1) discharges the insurer to the extent of the amount of the payment. 2025 cA-47 s69;2026 c8 s3(48)

Section 70

Chapter A-47 38 AUTOMOBILE INSURANCE ACT Compensation other than income replacement benefits and retirement income benefits not subject to seizure 70(1) Subject to the regulations, compensation payable under this Part, other than an income replacement benefit or a retirement income benefit, is exempt from civil enforcement proceedings under the Civil Enforcement Act or execution or seizure under any other law in force in Alberta.

(2) Subject to the regulations, a person entitled to compensation under this Part, other than an income replacement benefit or a retirement income benefit, may not assign the benefit to another person, and any such assignment is void.

(3) An income replacement benefit or a retirement income benefit that is paid or payable under this

Part is deemed to be employment earnings for the purposes of the Civil Enforcement Act. Division 9 Decisions and Reviews by Insurers Notices of decision 71(1) Subject to the regulations, notice of a decision made by an insurer in respect of a claim under this Part must be given in writing to a claimant as soon as practicable.

(2) Notice of a decision made by an insurer under subsection (1) must include (

a) reasons for the decision, and (

b) notice of the right of the claimant to (

i) apply for a review of the decision by the insurer, or (ii) appeal the decision to the Tribunal in accordance with

Part 4. Reconsiderations 72(1) Subject to the regulations, an insurer may reconsider a decision made in respect of a claim under this Part where (

a) new information is available in respect of the decision, or (

b) an error may have been or was made in respect of the decision.

(2) If the insurer reasonably determines that the new information or error affects the insurer’s decision in respect of a claim, the insurer may vary the decision.

Section 73

Chapter A-47 39 AUTOMOBILE INSURANCE ACT

(3) A notice of a decision by an insurer following a reconsideration must include the information set out in

section 71(2). Reviews 73(1) A claimant may, within 60 calendar days after receiving notice of a decision from an insurer in respect of a claim under this Part, apply in writing to an insurer for a review of the decision.

(2) On receipt of an application made under subsection (1), the insurer must review the decision and issue a review decision within 10 business days.

(3) When issuing a review decision, an insurer may confirm, rescind or vary the insurer’s prior decision.

(4) A review decision made by an insurer under this

section must include (

a) reasons for the decision, and (

b) notice of the right of the clai mant to appeal the decision to the Tribunal in accordance with

Part 4. 2025 cA-47 s73;2026 c8 s3(49) 74 Repealed 2026 c8 s3(50). Division 10 Recovery of Compensation Insurer entitled to recovery of overpayments 75(1) Subject to subsection (2) and the regulations, when compensation has been paid by an insurer to or on behalf of a claimant to which the claimant was not entitled, or in an amount in excess of that to which the claimant was entitled, the amount of the overpayment may be recovered by the insurer as a debt due to the insurer.

(2) An insurer may not recover an overpayment from a claimant under this

section in the prescribed circumstances.

(3) Repealed 2026 c8 s3(52).

(4) Subject to the regulations, an insurer may recover an overpayment by deducting the amount of the overpayment from any subsequent amount payable to or on behalf of the claimant under this Part.

Section 76

Chapter A-47 40 AUTOMOBILE INSURANCE ACT

(5) An insurer may set off an amount under subsection (4) notwithstanding a claimant’s application for review under

section 73 or appeal under

Part 4 respecting the amount of the overpayment or the insurer’s decision to set off the amount of the overpayment. 2025 cA-47 s75;2026 c8 s3(52) Insurer entitled to recovery from certain persons 76(1) Subject to subsection (3) and the regulations, where an insurer pays compensation under this Part to or on behalf of an insured or other claimant in respect of the insured’s bodily injury or death sustained as a result of an accident, the insurer may recover the amount of compensation it paid from the following as a debt due to the insurer: (

a) the insured to whom or on behalf of whom the compensation was paid if (

i) the insured (

A) was using or operating an automobile involved in the accident, (

B) caused the accident, and (

C) is, in respect of thei r use or operation of the automobile at the time of the accident, (

I) found guilty of a Criminal Code (Canada) offence prescribed for the purpose of this section, (II) found guilty under the Youth Criminal Justice Act (Canada) or the National Defence Act (Canada) of a Criminal Code (Canada) offence prescribed under subparagraph (I), (III) found guilty of a Traffic Safety Act offence prescribed for the purpose of this section, (IV) found guilty of an offence under a provision of the law of another jurisdiction in Canada that is the same as or substantially similar to an offence prescribed under subparagraph (III), (

V) found guilty of an offence under a provision of the law of a jurisdiction of the United States of America that is the same as or substantially similar to an offence prescribed under subparagraph (

I) or (III),

Section 76

Chapter A-47 41 AUTOMOBILE INSURANCE ACT (VI) issued a notice of administrative penalty under a prescribed provision of the Traffic Safety Act, (VII) issued a penalty under a provision of the law of another jurisdiction in Canada or of the United States of America that is the same as or substantially similar to a provision of the Traffic Safety Act prescribed under subparagraph (VI), or (VIII) found guilty of a prescribed offence under a prescribed Act, o r (ii) the insured (

A) was an occupant of an automobile involved in the accident, regardless of who caused the accident, and (

B) is, in respect of the automobile, found guilty (

I) of a Criminal Code (Canada) offence prescribed for the purpose of this section, (II) under the Youth Criminal Justice Act (Canada) or the National Defence Act (Canada) of a Criminal Code (Canada) offence prescribed under subparagraph (I), (III) of an offence under a provision of the law of a jurisdiction of the United States of America that is the same as or substantially similar to an offence prescribed under subparagraph (I), or (IV) of a prescribed offe nce under a prescribed Act; (

b) a person who is a third party described in

section 80(2) who caused the accident; (

c) a person who prevents or obstructs the insurer from exercising the insurer’s right of subrogation or recovery under this Act; (

d) a person in a prescribed class of persons or a person in the prescribed circumstances.

(2) Notwithstanding the Contributory Negligence Act, if 2 or more persons caused an accident and an insurer may recover the amount of compensation it paid in respect of bodily injury or death resulting from the accident from one or more persons under

Section 76.1

Chapter A-47 42 AUTOMOBILE INSURANCE ACT subsection (1), each person referred to in subsection (1)(

b) or (

d) from whom the insurer may recover is (

a) liable to the insurer only in proportion to the degree to which the person is respectively at fault, and (

b) not liable to make a contribution to or indemnify another person at fault for the other person’s respective liability or a payment required in relation to it.

(3) An insurer may not recover under subsection (1) the amount it paid as compensation in the prescribed circumstances.

(4) The Limitations Act applies to an action to recover an amount paid as compensation as set out in the regulations. 2025 cA-47 s76;2026 c8 s3(53) Loss transfer 76.1 An insurer who, under

section 5(2), must compensate a person within a class of persons specified in the regulations is entitled, subject to the terms, conditions, restrictions, requirements and exclusions as may be prescribed, to indemnification in relation to the compensation it paid from an insurer of an automobile within a class of automobiles specified in the regulations if an automobile within that specified class was involved in the accident from which the liability to pay the compensation arose. 2026 c8 s3(53) Division 11 Compensation under Other Acts or Plans Other compensation 77(1) In this section, “other compensation” means amounts paid or payable, or things or services provided or to be provided in kind, directly or indirectly, whether or not as a result of a right of indemnity, for a loss or expense similar to a loss or expense for which compensation is available under this Part, where the amounts, things or services are paid or provided (

a) under the Workers’ Compensation Act or a similar law of another jurisdiction, (

b) under (

i) the Canada Pension Plan (Canada), the Act respecting the Québec Pension Plan (Québec) or a similar plan in a jurisdiction outside Canada,

Section 78

Chapter A-47 43 AUTOMOBILE INSURANCE ACT (ii) a medical, surgical, dental, hospital or similar plan in Alberta or in a jurisdiction outside Alberta, or (iii) an employee benefit plan or scheme that provides income continuation or replacement benefits in the event of bodily injury or death, (

c) under any other insurance wherever issued and in effect other than a contract of automobile insurance, (

d) by the Government of Alberta or the government of another jurisdiction outside Alberta, (

e) under an enactment of Alberta or another jurisdiction, or (

f) by or under a prescribed source.

(2) Subject to

section 78, nothing in this

Part limits or affects the right of a person who claims or receives compensation under this Part to claim other compensation in respect of the insured’s bodily injury or death.

(3) Subject to sections 9(3) and 78, if an insured or other claimant is entitled to receive other compensation in respect of the insured’s bodily injury or death, the priority in which an insurer shall be liable to pay compensation under this Part shall be determined in accordance with the regulations. 2025 cA-47 s77;2026 c8 s3(54) Compensation under Workers’ Compensation Act 78(1) Subject to the regulations, if an insured or other claimant is entitled to compensation under the Workers’ Compensation Act or a similar law of another jurisdiction in respect of the insured’s bodily injury or death sustained as a result of an accident, the insured or other claimant (

a) is not entitled to compensation under this Part, and (

b) does not have a right of action, and may not commence or maintain proceedings, under

section 80 or 81. (2) Subsection (1) applies even if the person has elected not to claim or has forfeited the person’s claim for compensation under the Workers’ Compensation Act or similar law of another jurisdiction. 2025 cA-47 s78;2026 c8 s3(55) 79 Repealed 2026 c8 s3(56).

Section 80

Chapter A-47 44 AUTOMOBILE INSURANCE ACT

Part 3 Tort Bar Exceptions Tort action for non-pecuniary damages 80(1) Subject to this

section and the regulations, a person who sustained bodily injury as a result of an accident has a right of action and may commence or maintain proceedings in respect of their bodily injury against the following: (

a) a person (

i) who caused the accident, and (ii) who, in respect of the accident, is (

A) found guilty of a Criminal Code (Canada) offence prescribed for the purpose of this section, (

B) found guilty under the Youth Criminal Justice Act (Canada) or the National Defence Act (Canada) of a Criminal Code (Canada) offence prescribed under paragraph (A), (

C) found guilty of a Traffic Safety Act offence prescribed for the purpose of this section, (

D) issued a notice of administrative penalty under a prescribed provision of the Traffic Safety Act, or (

E) found guilty of a prescribed offence under a prescribed Act; (

b) a person who is a third party described in subsection (2); (

c) a person in a prescribed class of persons.

(2) An action or proceeding under subsection (1)(

b) may be commenced or maintained against only the following third parties: (

a) an automobile manufacturer, respecting its business activities and role in manufacturing automobiles; (

b) a maker or supplier of automobile parts, respecting its business activities and role in making or supplying automobile parts; (

c) a person engaged in the business of selling automobiles, respecting the person’s business activities and role as a seller;

Section 80

Chapter A-47 45 AUTOMOBILE INSURANCE ACT (

d) a garage services operator, respecting its business activities and role as a garage services operator; (

e) the holder of a liquor licence issued under the Gaming, Liquor and Cannabis Act that authorizes the sale or provision of liquor at licensed premises for consumption in those premises, respecting the liquor licence holder’s business activities and role in selling or providing liquor; (

f) a social host who invites guests to an event where liquor is served; (

g) a municipality that has direction, control and management of the road on which the accident occurred; (

h) a prescribed third party.

(3) An action or proceeding under subsection (1) may only be brought to recover the following: (

a) general damages for pain and suffering; (

b) punitive or exemplary damages.

(4) Notwithstanding the Contributory Negligence Act, if 2 or more persons caused an accident, each person against whom an action exists and a proceeding may be commenced or maintained under subsection (1) is (

a) liable for damages to the person who sustained bodily injury as a result of the accident only in proportion to the degree to which the person is respectively at fault, and (

b) not liable to make a contribution to or indemnify another person at fault for the other person’s respective liability or a payment required in relation to it.

(5) Notwithstanding any other law but subject to subsection (6), a person who would, but for this section, be vicariously liable for damages arising from the use or operation of an automobile in an action or proceeding under subsection (1)(

a) is absolved of that liability. (6) Subsection (5) does not apply to a person who is a third party described in subsection (2).

(7) Notwithstanding subsection (1),

section 4 applies to bar an action or proceeding under this

section by a prescribed person.

Section 81

Chapter A-47 46 AUTOMOBILE INSURANCE ACT

(8) The amount of general damages for pain and suffering awarded in an action or proceeding under this

section must be reduced by the amount of a permanent impairment benefit to which the insured is entitled under

section 36.

(9) The Limitations Act applies to an action under this

section as set out in the regulations. 2025 cA-47 s80;2026 c8 s3(57) Tort action for pecuniary damages 81(1) Subject to this

section and the regulations, a person who sustained bodily injury or death as a result of an accident has a right of action and proceedings respecting their bodily injury or death may be commenced or maintained to recover damages for only the following pecuniary losses: (

a) a loss of earnings, to be calculated as the difference between the following: (

i) the amount of the person ’s income replacement benefit, calculated in accordance with the regulations as if it were not subject to the maximum yearly insurable income specified in the regulations; (ii) the amount of the person ’s income replacement benefit, calculated in accordance with the regulations, but subject to the maximum yearly insurable income specified in the regulations; (

b) a loss related to a reasonably and necessarily incurred expense for the following that exceeds the maximum amount that an insurer is liable to pay or reimburse the person under

Part 2 for that expense: (

i) a health care service under

section 10(a); (ii) a prosthesis or orthosis under

section 10(b); (iii) medical equipment under

section 10(c); (iv) medication and supplies under

section 10(d); (

c) a loss related to a reasonably and necessarily incurred expense for an accessibility support under

section 11 that exceeds the maximum amount that an insurer is liable to pay or reimburse the person under

Part 2 for that expense; (

d) a loss related to a reasonably and necessarily incurred expense for transportation, lodging or meals under

section 12 that exceeds the maximum amount that an insurer is

Section 81

Chapter A-47 47 AUTOMOBILE INSURANCE ACT liable to pay or reimburse the person under

Part 2 for that expense; (

e) a loss related to a reasonably and necessarily incurred expense to assist with an activity of daily living under

section 13 that exceeds the maximum amount that an insurer is liable to pay or reimburse the person under

Part 2 for that expense; (

f) a loss related to a reasonably and necessarily incurred expense to provide care to a care recipient under

section 14 that exceeds the maximum amount that an insurer is liable to pay or reimburse the person under

Part 2 for that expense; (

g) a loss related to a reasonably and necessarily incurred expense to hire a person for a family enterprise under

section 15 that exceeds the maximum amount that an insurer is liable to pay or reimburse the person under

Part 2 for that expense; (

h) a loss related to a reasonably and necessarily incurred expense under a prescribed category of expense under

section 16 that exceeds the maximum amount that an insurer is liable to pay or reimburse the person under

Part 2 for that expense; (

i) a prescribed loss.

(2) Subject to this

section and the regulations, the following persons have a right of action and may commence or maintain proceedings to recover damages for the following losses: (

a) a person who incurs a loss related to a reasonably and necessarily incurred funeral and interment expense under

section 43 that exceeds the maximum amount that an insurer is liable to pay or reimburse the person under

Part 2 for that expense; (

b) a person who is in a cla ss of relationship with a deceased prescribed under

section 44 and who incurs a loss related to a reasonably and necessarily incurred grief counselling expense that exceeds the maximum amount that an insurer is liable to pay or reimburse the person under

Part 2 for that expense.

(3) A person has a right of action and may commence or maintain proceedings to recover damages for a loss of earnings under subsection (1)(a), or a loss related to a reasonably and necessarily

Section 82

Chapter A-47 48 AUTOMOBILE INSURANCE ACT incurred expense under subsection (1)(

b) to (

i) or (2), only if the person was entitled to (

a) an income replacement benefit, in the case of a loss described in subsection (1)(a), or (

b) the payment or reimbursement of the expense described in subsection (1)(

b) to (

i) or (2) to which the loss relates, in the case of a loss described in subsection (1)(

b) to (

i) or (2).

(4) Notwithstanding the Contributory Negligence Act, if 2 or more persons caused an accident, each person against whom an action exists and a proceeding may be commenced or maintained under subsection (1) or (2) is (

a) liable for damages to the person who sustained bodily injury or death, or a person described in subsection (2), as the case may be, only in proportion to the degree to which the person is respectively at fault, and (

b) not liable to make a contribution to or indemnify another person at fault for the other person’s respective liability or a payment required in relation to it.

(5) The amount of damages awarded for a pecuniary loss in respect of an action or proceeding under this

section must be reduced in accordance with the regulations.

(6) Notwithstanding subsection (1),

section 4 applies to bar an action or proceeding under this

section by a prescribed person.

(7) For greater certainty,

section 4 applies to bar an action or proceeding under this

section for the recovery of any damage or loss not described in subsection (1) or (2). 2025 cA-47 s81;2026 c8 s3(57) No subrogation 82 An insurer shall not maintain a subrogated claim in connection with any action or proceeding under

section 80 or 81. 2025 cA-47 s82;2026 c8 s3(57)

Part 4 Tribunal and Appeals Alberta Automobile Care-first Tribunal 83(1) The Alberta Automobile Care-first Tribunal is established.

(2) The Tribunal consists of persons appointed as members by the Minister.

Section 84

Chapter A-47 49 AUTOMOBILE INSURANCE ACT

(3) The Minister may appoint persons under subsection (2) that meet the prescribed qualifications and eligibility requirements.

(4) The Minister may designate one member of the Tribunal as chair and one or more members as vice-chair.

(5) A vice-chair has all of the authority of the chair under this Part subject to the general direction of the chair.

(6) The members of the Tribunal may hold office for terms not exceeding (a) 5 years in the case of the chair and vice-chairs, and (b) 3 years in the case of other members.

(7) Members may be reappointed for additional terms.

(8) Members shall be paid remuneration and expenses in accordance with the regulations. Employees 84 In accordance with the Public Service Act, employees and other persons necessary for the administration of this Part may be appointed. Powers of Tribunal 85(1) Subject to the regulations, the Tribunal has exclusive jurisdiction to examine, inquire into, hear and determine all matters and questions arising under this Act or the regulations related to a decision made by an insurer in respect of a claim for compensation under

Part 2.

(2) The Tribunal may (

a) make rules governing (

i) the giving of notice an d the service of documents, (ii) the use of electronic filing for appeals and submission of records, (iii) the conduct of appeals in writing or by telephone, videoconferencing, email or other electronic means, (iv) appeal procedures generally, and (

v) any other matters it considers necessary, (

b) establish forms respecting appeals,

Section 85

Chapter A-47 50 AUTOMOBILE INSURANCE ACT (

c) issue and publish guidelines and bulletins respecting appeals, (

d) receive notices of appeal, (

e) accept a notice of appeal ev en if the notice of appeal (

i) does not comply with the requirements set out in

section 86(3), or (ii) was not served on the Tribunal within the time referred to in

section 86(4), if the claimant provides satisfactory reasons for the delay, (

f) conduct inquiries or investigations respecting the matters appealed, (

g) reject a matter summarily if it is of the opinion that the appeal is without merit or is frivolous, trivial, vexatious, filed with improper motives or an abuse of process, (

h) undertake efforts to assist the parties to an appeal to settle the matter, (

i) facilitate mediation or order the parties to undergo mediation, (

j) seek independent medical advice respecting a claimant, (

k) order a claimant to undergo further medical assessments, (

l) order an insurer to pay for any advice sought under clause (

j) or a medical assessment ordered under clause (k), (

m) order the production of documents and things relevant to an appeal, (

n) issue directions pending a final determination of a matter, (

o) direct that an action be im plemented within a specified time period, (

p) conduct any hearings that the Tribunal considers necessary, or (

q) make a decision to confirm, reverse or vary the insurer’s decision that is the subject of the appeal.

(3) The Tribunal may delegate

Section 86

Chapter A-47 51 AUTOMOBILE INSURANCE ACT (

a) its powers under subsection (2)(

g) to the chair or a vice-chair, and (

b) its powers under subsection (2)(d), (e), (f), (h), (i), (j), (k), (l), (m), (

n) or (

o) to the chair, a vice-chair or a member, or to an employee referred to in

section 84.

(4) The Tribunal shall not award costs in respect of an appeal.

(5) In addition to the matters referred to in this Part, the Tribunal may carry out any other powers and duties assigned to it by the Minister or as prescribed. 2025 cA-47 s85;2026 c8 s3(58) Appeals 86(1) A claimant may, in accordance with this Part and the regulations, appeal a decision made by an insurer in respect of a claim for compensation under

Part 2 by serving a notice of appeal on the Tribunal.

(2) A decision made by an insurer includes (

a) a decision for which a noti ce of decision is required under this Act, (

b) a decision made under

section 72 following a reconsideration, (

c) a review decision made under

section 73, and (

d) a decision related to (

i) an ineligible payment or overpayment to or on behalf of a claimant, (ii) the recovery of an ineligible payment or overpayment under

section 75, or (iii) the recovery of compensation under

section 76(1)(a).

(3) A notice of appeal must (

a) be in the form and manner established by the Tribunal, (

b) include the reasons for the appeal, (

c) include any supporting documentation the claimant is relying on, and (

d) be accompanied by the required fee.

Section 87

Chapter A-47 52 AUTOMOBILE INSURANCE ACT

(4) A notice of appeal must be served within the prescribed time.

(5) A claimant is not required to apply under

section 73 for a review of a decision before serving a notice of appeal on the Tribunal.

(6) For greater certainty, a claimant may appeal (

a) more than one decision made by an insurer in respect of a claim for compensation, and (

b) multiple insurer decisions concurrently. 2025 cA-47 s86;2026 c8 s3(59) Conduct of appeals 87(1) The chair shall appoint up to 3 members to hear the appeal.

(2) The members appointed under subsection (1) may include the chair or a vice-chair.

(3) If more than one member is appointed to hear an appeal, the chair shall designate one of the members as the presiding member for the appeal.

(4) In carrying out its powers and duties under this Part, the Tribunal must ensure that the right to procedural fairness and natural justice is respected.

(5) The member assigned to hear an appeal, or the presiding member designated under subsection (3), shall issue a decision in respect of the appeal, and the decision shall be considered a decision of the Tribunal. Evidence 88(1) In conducting an appeal, the Tribunal has all the powers of a commissioner under the Public Inquiries Act.

(2) The Tribunal (

a) may accept any oral or written evidence that the Tribunal considers appropriate, whether admissible in a court of law or not, and (

b) is not bound by the law of evidence applicable to judicial proceedings. Decisions final 89(1) Subject to subsection (2), a decision or order of the Tribunal on an appeal is final and conclusive and is not open to question or review in any court.

Section 90

Chapter A-47 53 AUTOMOBILE INSURANCE ACT

(2) A decision or order of the Tribunal may be reviewed by way of an application for judicial review if the application is filed with the Court and served on the Tribunal no later than 30 days after the date of the decision. Publication 90(1) The Tribunal must make the following information available to the public, including by making it available on the Tribunal’s website: (

a) rules, forms, procedures, guidelines and bulletins issued by the Tribunal; (

b) fees that are payable in respect of appeals; (

c) subject to the regulations, decisions and orders of the Tribunal.

(2) Subject to the regulations, the Tribunal may make the following available to the public, including by making it available on the Tribunal’s website: (

a) information respecting ap peals that are in progress, including the parties to an appeal and the status of proceedings; (

b) reasons for decisions or orders or a record of such reasons.

(3) The Tribunal may redact the information made public in accordance with the regulations to protect an individual’s personal information or health information.

Part 5 Administration and General Matters Delegation of powers 91(1) Subject to subsection (2), the Minister may delegate in writing a power, duty or function conferred or imposed on the Minister under this Act to any person and may authorize the person to further delegate the power, duty or function.

(2) The Minister must not delegate the power (

a) to appoint members to the Tribunal under

section 83, or (

b) to make an agreement with another jurisdiction under

section 99.

Section 92

Chapter A-47 54 AUTOMOBILE INSURANCE ACT Superintendent of Insurance 92(1) The Superintendent may delegate any power, duty or function conferred or imposed on the Superintendent under this Act to any person and may authorize the person to further delegate the power, duty or function.

(2) The Deputy Superintendent has all of the powers, duties and functions conferred or imposed on the Superintendent under this Act. Court application 92.1 The Superintendent may apply to seek the advice and direction of the Court respecting the application of this Act, the

interpretation of this Act or the rights or obligations of a person to whom this Act applies. 2026 c8 s3(60) Guidelines and

interpretation bulletins 93 The Superintendent may issue guidelines and

interpretation bulletins respecting the

interpretation or application of this Act or any one or more regulations under this Act. 2025 cA-47 s93;2026 c8 s3(61) Standards, rules, etc. 93.1(1) The Minister may establish a code, guideline, method, practice, standard or body of rules relating to any matter for which a regulation may be made under

section 101.

(2) The Regulations Act does not apply to a body of rules established under subsection (1) and, for greater certainty, does not apply to a code, guideline, method, practice or standard established under that subsection.

(3) As soon as practicable after establishing a code, guideline, method, practice, standard or body of rules under subsection (1), the Minister shall make the code, guideline, method, practice, standard or body of rules publicly available on the website of the Minister’s department.

(4) A regulation made under

section 101 supersedes a code, guideline, method, practice, standard or body of rules established under this

section to the extent of any conflict.

(5) An insurer shall comply with a code, guideline, method, practice, standard or body of rules established under subsection (1). 2026 c8 s3(61) Fee and compensation amounts 94(1) The Minister may by order establish the following:

Section 94

Chapter A-47 55 AUTOMOBILE INSURANCE ACT (

a) fees and disbursements, or the maximum fees and disbursements, to be charged or paid for (

i) a health care service under

section 10(a), or (ii) a medical assessment; (

b) fees and disbursements, or the maximum fees and disbursements, to be charged or paid for any activity or function necessitated by, described in or referred to in this Act or the regulations; (

c) fees respecting appeals under

Part 4; (

d) fees for any other things given or done by or under the authority of the Minister, the Superintendent or the Tribunal under this Act or the regulations; (

e) amounts, including the maximum or aggregate amount, that an insurer is liable to pay or reimburse an insured or other claimant in respect of the following: (

i) an expense that an insured or other claimant is entitled to have paid or reimbursed under this Act; (ii) a benefit that an insured or other claimant is entitled to receive under this Act; (

f) amounts to be used by an insurer, as directed by the regulations, in calculating and determining the amount of compensation to which an insured or other claimant is entitled.

(2) An amount established under subsection (1) must be adjusted in the manner and frequency specified in the regulations.

(3) In addition to establishing amounts under subsection (1), the Minister may establish guidelines, tables, formulas or rules for use by an insurer in determining the amount of (

a) an expense that an insured or other claimant is entitled to have paid or reimbursed under this Act, or (

b) a benefit that an insured or other claimant is entitled to receive under this Act.

(4) The Regulations Act does not apply to (

a) an order made under subsection (1), or

Section 95

Chapter A-47 56 AUTOMOBILE INSURANCE ACT (

b) a rule established under subsection (3) and, for greater certainty, does not apply to a guideline, table or formula established under that subsection.

(5) As soon as practicable after making an order under subsection (1) or establishing a guideline, table, formula or rule under subsection (3), the Minister must make the order, guideline, table, formula or rule publicly available on the website of the Minister’s department.

(6) If the Minister establishes maximum fees and disbursements under subsection (1), a person shall not charge or collect a fee or a disbursement that is greater than those maximum fees or disbursements.

(7) An insurer shall follow an order made under subsection (1), or a guideline, table, formula or rule under subsection (3), when calculating and determining the amount of compensation to which an insured or other claimant is entitled. 2025 cA-47 s94;2026 c8 s3(61) Extension of time 95(1) If something is required to be done under this Act or the regulations within a certain period, the Minister may, on written application of the person who must do the thing, extend the period within which the thing must be done.

(2) An extension under subsection (1) may be made after the period has passed. Forms and procedures 96(1) The Minister may establish forms or procedures for the purposes of this Act and the regulations.

(2) Forms or procedures established under subsection (1) may include electronic means for the provision or submission of claims, documents or information to or by an insurer.

(3) Forms or procedures established under subsection (1) must be used unless the Minister specifies otherwise. Electronic insurance claims information system 96.1(1) The Minister may establish an electronic insurance claims information system to be used for the purposes set out in the regulations.

(2) A person specified in the regulations shall use the electronic insurance claims information system in the administration of a claim in accordance with the regulations.

Section 97

Chapter A-47 57 AUTOMOBILE INSURANCE ACT 2026 c8 s3(62) Additional information 97 An insurer must provide to the Minister, within the time specified by the Minister, (

a) any information that is required by the Minister to enable the Minister to respond to inquiries on the insurer’s market conduct activities, (

b) any information required by the Minister in respect of claims for compensation made to the insurer under

Part 2, or (

c) any information that is required by the Minister for analytical or policy-making purposes. Compliance with forms and notices 98 Subject to the regulations, substantial compliance by an insured with requirements respecting the content of forms or other documents is sufficient unless an insurer is of the opinion that it would result in unfairness to any person.

Agreements with other jurisdictions 99 The Minister may enter into agreements with any government or agency of government respecting the compensation payable for bodily injury sustained by residents of Alberta who are involved in accidents outside Alberta but within Canada or the United States of America and by persons who are not residents of Alberta and who are involved in accidents in Alberta. Immunity 100(1) In this section, “Crown” means the Crown in Right of Alberta, the Minister, the Superintendent, the Tribunal or an employee or agent of the Crown.

(2) No action lies and no proceeding may be brought against the Crown for any act done in good faith in the exercise or intended exercise of a power or in the performance or intended performance of a duty under this Act, or for any neglect or default in the exercise or performance in good faith of the power or duty.

(3) No liability attaches to the Crown for any loss or damages that have arisen or may arise in respect of the enactment of this Act, including consequential amendments to other Acts and any regulations, orders in council, ministerial orders or Tribunal decisions or orders made under or by virtue of those amendments. Lieutenant Governor in Council regulations 101(1) The Lieutenant Governor in Council may make regulations

Section 101

Chapter A-47 58 AUTOMOBILE INSURANCE ACT (

a) defining any word or expression used but not defined in this Act; (

b) further defining any word or phrase defined in this Act; (b.1) prescribing catastrophic injuries for the purposes of

section 1(f); (b.2) prescribing permanent impairments for the purpose of

section 1(t); (

c) prescribing persons who are dependants for the purposes of

section 1(k); (

d) respecting the circumstances in which this Act does not apply for the purposes of

section 3(a)(ii); (

e) respecting the automobiles to which this Act does not apply for the purposes of

section 3(a)(ii); (

f) respecting the bodily injuries or deaths to which this Act does not apply for the purposes of

section 3(b); (f.1) describing accidents to whic h the Act does not apply for the purpose of

section 3(a)(iii); (

g) respecting actions and proceedings that must not be commenced or maintained; (

h) respecting a person’s entitlement to compensation under

section 5, including regulations respecting (

i) the determination of which insurer shall provide compensation, and (ii) the resolution of disagreements between insurers; (

i) respecting excess compensation that may be offered by an insurer under a motor vehicle liability policy; (

j) respecting the payment or reimbursement of expenses under Division 2 of

Part 2, including regulations (

i) respecting the specific expe nses that are eligible for payment or reimbursement, (ii) respecting the terms, conditions, restrictions, requirements and exclusions governing an insured’s or other claimant’s entitlement to the payment or reimbursement of an expense,

Section 101

Chapter A-47 59 AUTOMOBILE INSURANCE ACT (iii) respecting the amount that may be paid or reimbursed for an expense or a category of expense, (iv) respecting the period within which an expense must be claimed for payment or reimbursement, (

v) respecting the adjustment of the amount of an expense that may be paid or reimbursed, (vi) respecting the circumstances in which the insurer may adjust the amount that may be paid or reimbursed, including where the insured suffers a relapse, and (vii) distinguishing between th e payment or reimbursement of expenses for a catastrophically injured insured and a non-catastrophically injured insured; (

k) respecting the payment or reimbursement of expenses referred to in

section 10, including regulations establishing procedures for determining the health care services to which an insured is entitled to have the associated expenses paid or reimbursed; (

l) respecting the diagnosis an d treatment of an insured’s bodily injury, including regulations (

i) establishing or governing a system or process for the diagnosis and treatment of bodily injuries, (ii) respecting the treatments an insured may receive for a bodily injury, and (iii) respecting health care pr actitioners who may diagnose or treat an insured’s bodily injury, including providing for the establishment and use of a register of health care practitioners; (

m) repealed 2026 c8 s3(63); (

n) respecting circumstances in which an insurer is not required to continue paying or reimbursing expenses; (

o) respecting the payment or reimbursement of expenses incurred for an accessibility support under

section 11; (

p) respecting the payment or reimbursement of expenses incurred for transportation, lodging and meals under

section 12;

Section 101

Chapter A-47 60 AUTOMOBILE INSURANCE ACT (

q) respecting the payment or reimbursement of expenses incurred to assist with an activity of daily living under

section 13, including regulations (

i) establishing an assessment scheme for the purpose of determining the amount of assistance an insured requires for an activity of daily living, (ii) distinguishing between the expenses an insured is entitled to have paid or reimbursed based on their age, and (iii) respecting the determination and calculation of the amount that may be paid or reimbursed for an expense to assist an insured with an activity of daily living; (

r) respecting the payment or reimbursement of expenses incurred for the care of a care recipient under

section 14; (

s) respecting the payment or reimbursement of family enterprise expenses under

section 15; (

t) respecting the payment or reimbursement of expenses under

section 16, including prescribing categories of expenses; (t.1) respecting the payment or reimbursement of expenses incurred for a good or service under

section 16.1; (

u) respecting the entitlement of an insured to a benefit under Division 3 of

Part 2, including regulations respecting the terms, conditions, requirements, restrictions and exclusions governing an insured’s entitlement to a benefit; (

v) repealed 2026 c8 s3(63); (

w) respecting the calculation and determination of benefits under Division 3 of

Part 2, including regulations (

i) respecting the type of benefit and amount of a benefit a person is entitled to receive, (ii) respecting the formulas, methods and procedures to be used to establish the amount of a benefit, (iii) respecting the manner and frequency of payment of a benefit, (iv) respecting the circumstances in which an insurer may adjust the amount of a benefit, including where an

Section 101

Chapter A-47 61 AUTOMOBILE INSURANCE ACT insured regains the ability to hold employment or suffers a relapse of their bodily injury, and (

v) distinguishing between th e calculation and determination of benefits for a catastrophically injured insured and a non-catastrophically injured insured; (

x) respecting caregiver benefits, including regulations respecting (

i) the payment of a caregiver benefit on the death of an insured for the purposes of

section 32(2), and (ii) the manner in which an insured is deemed to have made an election for the purposes of

section 32(6); (x.1) prescribing requirements for the purpose of

section 33(2)(c); (

y) respecting retirement income benefits; (

z) repealed 2026 c8 s3(63); (aa) respecting permanent impairments, including regulations respecting (

i) the establishment of a permanent impairment assessment scheme, including (

A) the attribution of a percentage of impairment to each permanent impairment, (

B) the determination of an additional percentage of impairment where the permanent impairment affects symmetrical organs, (

C) the determination of an additional percentage of impairment where the permanent impairment affects an impairment that the insured had before the accident, and (

D) the reduction of the percentages attributed to permanent impairments for insureds who have more than one permanent impairment, (ii) the process by which a permanent impairment is evaluated, and (iii) the calculation and determination of a permanent impairment benefit under Division 4 of

Part 2, including,

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Chapter A-47 62 AUTOMOBILE INSURANCE ACT (

A) the terms, conditions, requirements, restrictions and exclusions governing an insured’s entitlement to a benefit, (A.1) the formulas, methods and procedures for determining the amount of a permanent impairment benefit, (

B) the manner of payment of a permanent impairment benefit, and (

C) distinguishing between the calculation and determination of a permanent impairment benefit for a catastrophically injured insured and a non-catastrophically injured insured; (bb) respecting death benefits, including regulations respecting (

i) the calculation and determin ation of the amount of death benefits, (i.1) the terms, conditions, requirements, restrictions and exclusions governing a person’s entitlement to a death benefit, and (ii) the manner of payment of death benefits; (cc) respecting the payment or reimbursement of funeral, interment and grief counselling expenses, including regulations (

i) respecting expenses that are eligible for payment or reimbursement, (ii) respecting the terms, conditions, requirements, restrictions and exclusions applying to the payment or reimbursement of an expense, (iii) respecting the amount that may be paid or reimbursed for an expense or category of expense, and (iv) prescribing classes of re lationship with the deceased for the purposes of

section 44; (dd) respecting the reduction, suspension, termination or denial of compensation for the purpose of

section 47, including regulations

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Chapter A-47 63 AUTOMOBILE INSURANCE ACT (

i) respecting the manner in and amount by which compensation may be reduced, suspended, terminated or denied, (ii) respecting the payment of compensation that was not paid or that was reduced, suspended, terminated or denied under

section 47 in the event that circumstances change and the compensation becomes payable, including determining if interest is payable, and if so, the amount of interest and the manner of payment, (iii) respecting whether, and in what circumstances, compensation is to be reduced, suspended, terminated or denied, (iv) respecting the formulas, methods and procedures to be used to establish (

A) the amount by which compensation may be reduced, or (

B) the period for which compensation may be reduced, suspended or denied, (

v) prescribing offences, Acts and provisions for the purposes of

section 47(

c) to (f), (vi) prescribing acts or omissions for the purpose of

section 47(h), (vii) prescribing requirements for the purpose of

section 47(i), and (viii) prescribing circumstances for the purpose of

section 47(j); (dd.1) respecting the end of an insured’s entitlement to a benefit following the insured’s death; (ee) respecting the end or suspension of a benefit under

section 49 or 50, including regulations (

i) prescribing employment for the purposes of sections 49(1) and 50(1), (ii) respecting the criteria that an insured must meet for their income replacement benefit to continue under

section 49(2),

Section 101

Chapter A-47 64 AUTOMOBILE INSURANCE ACT (iii) establishing the amount of an income replacement benefit and the period for which an insured may continue to receive an income replacement benefit under

section 49(2), (iv) providing for the contin uation of an income replacement benefit in other circumstances, (

v) prescribing circumstances for the purpose of

section 50(2)(b), (vi) respecting relapses, and (vii) distinguishing between the suspension or end of an income replacement benefit for a catastrophically injured insured and a non-catastrophically injured insured; (ff) respecting the reduction of an income replacement benefit for the purposes of

section 51; (gg) respecting the end of a loss-of-studies benefit under

section 52; (gg.1) respecting the end of a caregiver benefit under

section 53; (hh) respecting the process for making a claim for compensation, including regulations (

i) respecting the duties and obligations of a claimant, (ii) respecting the information and documentation to be provided in a claim for compensation, and (iii) respecting the period within which a claim for compensation must be made; (ii) respecting information that an employer or former employer must provide to an insurer for the purposes of

section 56(1)(b); (jj) respecting medical assessments, including regulations respecting (

i) the use and purpose of a medical assessment, (ii) limitations on when a medical assessment may be required, (iii) the application for and selection of a medical assessor,

Section 101

Chapter A-47 65 AUTOMOBILE INSURANCE ACT (iv) the eligibility requirements for a health care practitioner to act as a medical assessor, (

v) the scheduling and conduct of a medical assessment, (vi) the preparation and content of a report made following a medical assessment, (vii) the persons who may r eceive a copy of a medical assessor’s report, (viii) the use of a medical assessor’s report, (ix) the payment of the cost of a medical assessment or report, and (

x) the assessments or examinations excluded from the application of

section 57(10); (jj.1) respecting the provision of information and reports under

section 58; (kk) respecting autopsies; (ll) respecting the payment of compensation by an insurer; (mm), (nn) repealed 2026 c8 s3(63); (oo) respecting interest payable by an insurer for the purposes of

section 64 including the rate of interest and the manner of calculation; (pp) respecting alternative financial arrangements under

section 65, including regulations specifying any terms, conditions, requirements, restrictions and exclusions on entering into an alternative financial arrangement; (qq) respecting payments to minors; (rr) respecting payments made under

section 69; (ss) respecting the exemptions and restrictions related to civil enforcement proceedings against, or the ability to assign, compensation under

section 70; (tt) respecting notice of decision s made by an insurer in respect of a claim; (uu) respecting the reconsideration of decisions under

section 72;

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Chapter A-47 66 AUTOMOBILE INSURANCE ACT (vv) respecting the review of decisions under

section 73; (ww) repealed 2026 c8 s3(63); (xx) respecting the recovery of an overpayment under

section 75, including regulations (

i) respecting the circumstances in which an insurer may not recover an overpayment, and (ii) respecting the manner in which an insurer may set off the amount of an overpayment from compensation subsequently payable to the insured by the insurer; (yy) respecting an insurer’s ability to recover, under

section 76, compensation paid to an insured or other claimant, including regulations (

i) respecting the formulas, methods and procedures to be used to establish the amount of compensation an insurer may recover, (ii) prescribing offences, Acts and provisions for the purposes of

section 76(1)(a)(

i) and (ii), (iii) prescribing classes of pe rsons or circumstances for the purposes of

section 76(1)(d), (iv) respecting the method to be used for apportioning fault for an accident for the purposes of

section 76(2), (

v) prescribing the circumstan ces, under

section 76(3), in which an insurer is not entitled to recover compensation, or (vi) respecting the application of the Limitations Act; (yy.1) respecting an insurer’s indemnification under

section 76.1, including regulations (

i) specifying a class of persons for the purpose of that section, (ii) prescribing the terms, conditions, restrictions, requirements and exclusions related to an insurer’s indemnification for the purposes of that section, (iii) specifying a class of automobiles for the purpose of that section, and

Section 101

Chapter A-47 67 AUTOMOBILE INSURANCE ACT (iv) respecting the resolution of disagreements between insurers; (zz) respecting the coordination of compensation under

Part 2 and other compensation available to a person, including regulations (

i) respecting the priority in which an insurer is liable to pay compensation under

Part 2 when an insured or other claimant is entitled to other compensation, and (ii) prescribing a source of other compensation for the purpose of

section 77(1)(f); (aaa) respecting the payment of compensation under the Act when the Workers’ Compensation Act applies; (bbb) respecting tort actions for non-pecuniary damages under

section 80, including regulations (

i) respecting the rules and restrictions that apply to an action or proceeding under

section 80, (ii) prescribing offences, Acts and provisions for the purposes of

section 80(1)(a), (iii) prescribing a class of pe rsons against whom an action or proceeding may be commenced or maintained for the purpose of

section 80(1)(c), (iv) prescribing a third party against whom an action or proceeding may be commenced or maintained for the purpose of

section 80(2)(h), (

v) respecting the method to be used for apportioning fault for an accident for the purposes of

section 80(4), (vi) prescribing persons to whom

section 4 applies to bar an action or proceeding for the purpose of

section 80(7), and (vii) respecting the application of the Limitations Act; (ccc) respecting tort actions fo r pecuniary damages under

section 81, including regulations (

i) respecting the rules and restrictions that apply to an action or proceeding under

section 81,

Section 101

Chapter A-47 68 AUTOMOBILE INSURANCE ACT (ii) respecting the calculation and determination of the amount of a pecuniary loss, (iii) prescribing a loss for th e purpose of

section 81(1)(i), (iv) respecting the method to be used for apportioning fault for an accident for the purposes of

section 81(4), (

v) respecting the method and amount by which damages for a pecuniary loss may be reduced for the purpose of

section 81(5), and (vi) prescribing persons to whom

section 4 applies to bar an action or proceeding for the purpose of

section 81(6); (ddd) respecting the qualification and eligibility of members of the Tribunal; (eee) respecting the remuneratio n and expenses of Tribunal members; (eee.1) respecting the jurisdic tion of the Tribunal, including regulations respecting the referral of matters between a court and the Tribunal; (fff) respecting the powers and duties of the Tribunal; (ggg) respecting appeals and the conduct of appeals; (hhh) respecting the publication by the Tribunal of information, decisions or orders, including the redaction of information therefrom; (hhh.1) respecting the adjustment, under

section 94(2), of amounts established under

section 94(1), including regulations respecting the manner and frequency of adjustment; (hhh.2) respecting the use of a guideline, table, formula or rule established under

section 94(3); (hhh.3) respecting the establishm ent of an electronic insurance claims information system under

section 96.1, including regulations respecting (

i) the purposes of the system, (ii) the persons who are required to use the system, and (iii) when and how a person is required to use the system;

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Chapter A-47 69 AUTOMOBILE INSURANCE ACT (iii) respecting information to be provided by an insurer to the Minister under

section 97; (jjj) respecting the collection, use and disclosure of information including personal information and health information; (kkk) prescribing the times or periods that may be or are to be prescribed for the purposes of the Act; (lll) respecting any matter or thing that may be or is to be prescribed for the purposes of the Act; (mmm) providing for any matter that the Lieutenant Governor in Council considers advisable for carrying out the purpose and intent of the Act.

(2) A regulation made under this Act may be specific or general in its application or may apply to a class or classes of insurers, insureds, claimants or other persons.

(3) A regulation made under this Act may adopt or incorporate in whole, in part or with modifications documents that set out codes, guidelines, methods, practices, standards or bodies of rules of any government, organization or person, including, without limitation, any codes, guidelines, methods, practices, standards or bodies of rules published by the Minister under

section 10.1(1), 93.1(1) or 94(3), as they read at a particular time or as amended or replaced from time to time, relating to any matter in respect of which a regulation may be made under this Act.

(4) Where a code, guideline, method, practice, standard or body of rules is adopted or incorporated by regulation under this Act, the Minister shall ensure a copy o