No. 108 1st Session, 15th Legislature, Alberta 12 Elizabeth II BILL 108 A Bill to amend The Alberta Insurance Act HON. MR. HOLOWACH PrInted by L. S. WALT .. , Printer to the Queen's Most Excellent Majesty, Edmonton, Alberta, 1964

Explanatory Note I. This Bill amends The Alberta Insurance Act, which is chap­ ter 159 of the Revised Statutes.

Section 33, subsection (4) is revised to facilitate the use of a uniform motor vehicle responsibility card across Canada. Sub­ section (4). p;resently reads: "

(4) It shaN be a condition of a licence to carryon automobile in­ surance in the Province, for brpa~h of which the licence may be can­ celled, that, in any acUon or proceeding in the Province against a licens­ ed insurer, or its insured, a,rising out of a motor vehicle accident in the Province, the insurer shall appear and shaH not set up any defen~e t.o a olaim under a policy issued outside the Provi.n~e tJhat might not he set up, if the policy were issued in the Province, in accordance with the law of toe Province relating to motor ve:hicle liabHity poHcies .... 3. A reference to a repealed

section is removed.

Section 42, subsection (2) presently reads: "

(2) If it appears in the case Qf an insurer undertaking contralOts of life insurance thart: its policy rese,rves, and, in the ~as'e of any other insurer, that its unearned premiums, in b.oth cases respectling con­ tracts within the meaning of sections 186 and 221 that are o1l!tstanding t.ogether with any other lia.bLl1ties in the Province, exceed its a.sset~ in the Province, including the deposits in the hand of the Minister the assets of the insurer shall be deemed insufficient to justify the continuance of the insurer in business wLthdn the meaning o,f sub­ secti.on (1), and the Superintendent shaLl ·80 report, t.o the Minister ....

BILL No. 108 of 1964

An Act to amend The Alberta Insurance Act (Assented to , 196J,,) HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1. The Alberta Insurance Act is hereby amended.

Section 33 is amended by striking out subsection (4) and by substituting the following:

(4) A licence to carry on autom~hile insurance in Alberta is subject to the following conditions: (

a) in any action in Alberta against the licensed insurer, or its insured, arising out of an automobile ac'cident in Alberta, the insurer shall appear and shall not set up any defence to a claim under a policy issued out of Alberta, including any defence as to its limit or limits of liability under the policy, that might not be set up if the policy were a motor vehicle liability policy issued in Alberta; (

b) in any action in another province or territory of Canada against the licensed insurer, or its insured, arising out of an automobile accident in that prov­ ince or territory, the insurer shall appear and shall not set up any defence to a claim under a motor vehicle liability policy issued in Alberta, including any defence as to its limit or limits of liaJbility under the policy, that might not be set up if the policy were a motor vehicle liability policy issued in that province or territory. (4a) The licence of an insurer that commits a breach of either of the conditions of licence set out in subsection (4) may be cancelled.

Section 42, subsection (2) is amended by striking out the words "within the meaning of sections 186 and 221~' and by substituting the words "made in the Province".

4. Commencement of Act. 2

(1) This Act, except

section 2, comes into force on the day upon which it is assented to.

(2) Section 2 comes into force on the date or dates to :be fixed by Proclamation. 2

FIRST SESSION FIFTEENTH LEGISLATURE 12 ELIZABETH II 1964 BILL

An Act to amend The Alberta Insurance Act Received and read the First time .................................... .. Second time ................ . Third time .......... . HON. MR. HOLOWACH Title: 1964 (15th, 1st) Bill 108,

An Act to amend The Alberta Insurance Act