The Alberta Gazette

Part I

Vol. 117 Edmonton, Thursday, September 30, 2021 No. 18

APPOINTMENTS

Appointment of Part-time Provincial Court Judge

(Provincial Court Act)

September 1, 2021

Honourable Judge Janet Lynn Dixon

For a term to expire November 27, 2030.

Appointment of Supernumerary Provincial Court Judge

(Provincial Court Act)

September 1, 2021

Honourable Judge Elizabeth Anne Johnson

For a term to expire August 31, 2023.

Reappointment of Full-time Provincial Court Judge

(Provincial Court Act)

August 29, 2021

Honourable Judge Bruce Robert Garriock

For a term to expire August 28, 2022.

Reappointment of Part-time Provincial Court Judge

(Provincial Court Act)

September 7, 2021

Honourable Judge Mary Jeanne Burch

For a term to expire September 6, 2022.

September 8, 2021

Honourable Judge Ferne Elizabeth LeReverend

For a term to expire September 7, 2021.

GOVERNMENT NOTICES

Agriculture and Forestry

Form 15

(Irrigation Districts Act)

(Section 88)

Notice to Irrigation Secretariat:

Change of Area of an Irrigation District

On behalf of the St. Mary River Irrigation District, I hereby request that the

Irrigation Secretariat forward a certified copy of this notice to the Registrar of Land

Titles for the purposes of registration under

section 22 of the Land Titles Act and

arrange for notice to be published in the Alberta Gazette.

The following parcels of land should be added to the irrigation district and the

appropriate notation added to the certificate of title:

LINC Number

Short Legal Description as shown on title

Title Number

0015 296 916

4;18;8;27;SW

921 219 660 +1

0014 771 265

4;18;8;27;NW

921 219 660 +1

0029 463 221

4;13;10;27;NW

211 059 634 +1

0029 463 213

4;13;10;27;SW

211 059 634

I certify the procedures required under

part 4 of the Irrigation Districts Act have been

completed and the area of the St. Mary River Irrigation District should be changed

according to the above list.

Rebecca Fast, Office Administrator,

Irrigation Secretariat.

Culture and Status of Women

Decisions on Geographical Names

(Historical Resources Act)

Notice is hereby given that pursuant to

Section 18, Subsection 3 of the Historical

Resources Act the following decisions on geographical names were duly authorized

on July 27, 2021.

APPROVED

NTS Map Sheet 82 G/03 - Canmore

An– Kathƒ Ipa (Bald Eagle Peak) (peak)

Located at:

LSD 10, Sec.16, Twp. 25, Rge. 10, West of the 5th Meridian

(51ø 08' 15" N & 115ø 20' 30"

W) A shoulder of Mount Charles Stewart. Located near the hamlet of Harvie Heights,

approximately five kilometres north of Canmore and five kilometres east of the Banff

National Park entry gates.

An– Kathƒ Ipa (Bald Eagle Peak) is an official dual name, the first part being in the

official, but they should be used together with the Stoney name first followed by the

The name is a traditional Stoney Nakoda name and is a reference to local fauna.

RESCINDED

NTS Map Sheet 82 G/04 - Banff

Stoney Squaw Mountain (mountain)

Located at:

LSD 04, Sec.11, Twp. 26, Rge. 12, West of the 5th Meridian

(51ø 11' 58" N & 115ø 34' 42"

W) In Banff National Park, approximately two kilometres NNW of the Banff townsite.

The name has been in use since at least 1884. The name is said to be derived from a

Stoney Nakoda story about a Stoney woman caring for her ill or wounded husband in

a lodge at the foot of the mountain.

The name is being rescinded due to its derogatory nature.

Signed 27th day of July, A.D. 2021.

Ronald Orr, Minister

Notice is hereby given that pursuant to

Section 18, Subsection 3 of the Historical

Resources Act the following decision on geographical names was duly authorized on

August 12, 2021.

APPROVED

NTS Map Sheet 82 G/09 - Blairmore

Lyon Creek (creek)

NOT

Lyons Creek (creek)

Located at:

LSD 16, Sec.35, Twp. 07, Rge. 04, West of the 5th Meridian

(49ø 36' 33" N & 114ø 25' 52"

W) Flows into the Crowsnest River at the Blairmore townsite.

The name is being changed to reflect the correct spelling of Henry E. Lyon's name.

The creek is named for Lieutenant-Colonel Henry E. Lyon (1874-1959), an early

settler in the region. Lyon was postmaster at Blairmore from 1899 to 1919 and was

elected the first mayor of Blairmore when it was incorporated in 1911. During the

First World War, Lyon raised an infantry battalion, the 192nd (Crow's Nest Pass)

Battalion, made up of men from the Crowsnest Pass area.

The name Lyon Creek was recorded in the 1901 township plan of J.E. Woods of the

Dominion Land Survey (DLS), but the name was changed to Lyons Creek in the 1906

field notes of L.T. Bray, DLA. The Geographic Board of Canada approved the name

as Lyons Creek in 1915.

In 2020, a request was received from a resident of the Crowsnest Pass to change the

spelling of the name to accurately reflect Henry E. Lyon's name.

Signed 12th day of August, A.D. 2021.

Ronald Orr, Minister

Energy

Production Allocation Unit Agreement

(Mines and Minerals Act)

Notice is hereby given, pursuant to

section 102 of the Mines and Minerals Act, that

the Minister of Energy on behalf of the Crown has executed counterparts of the

agreement entitled "Production Allocation Unit Agreement - Morningside Duvernay

Agreement No. 10" and that the Unit became effective on November 1, 2020.

Notice is hereby given, pursuant to

section 102 of the Mines and Minerals Act, that

the Minister of Energy on behalf of the Crown has executed counterparts of the

agreement entitled "Production Allocation Unit Agreement - Morningside Duvernay

Agreement No. 11" and that the Unit became effective on November 1, 2020.

Unit Agreement

(Mines and Minerals Act)

Notice is hereby given, pursuant to

section 102 of the Mines and Minerals Act, that

the Minister of Energy on behalf of the Crown has executed counterparts of the

agreement entitled "Unit Agreement - Chigwell Viking Unit No. 4" with respect to

M4 R26 T043: 15SW, and that the enlargement became effective on September 1,

Justice and Solicitor General

Office of the Public Trustee

Money transferred to the General Revenue Fund by the Public Trustee

(Public Trustee Act)

Section 11(4)

Name of person

entitled to money

(if known)

Amount

transferred

to General

Revenue

Fund

If property was

part of deceased

person's estate:

Deceased's name

Judicial District

Court file number

If property was

held under Court

order:

Judicial District

Court file number

Additional

Information

(if any)

Transfer Date:

Unknown

Beneficiaries

$103,243.81

John Frederick

Moore

(File 039988)

JD Red Deer

SES10 17517

September 8,

E162086

Safety Codes Council

Joint Municipal Accreditation

(Safety Codes Act)

Pursuant to

Section 26 of the Safety Codes Act it is hereby ordered that

Camrose County, City of Camrose, Town of Bashaw, Village of Bawlf, Village of

Bittern Lake, Village of Edberg, Village of Hay Lakes, Village of Rosalind,

Accreditation No. J000111, Order No. 0482

provide services under the Safety Codes Act including applicable Alberta amendments

and regulations for the discipline of Fire

Consisting of all parts of the National Fire Code - 2019 Alberta Edition as amended

from time to time, except for those requirements pertaining to the installation,

alteration, and removal of the storage tank systems for flammable and combustible

liquids; and Fire Investigation (cause and circumstance).

Accredited Date: December 14, 1995 Issued Date: September 10, 2021.

Municipal Accreditation

(Safety Codes Act)

Pursuant to

Section 26 of the Safety Codes Act it is hereby ordered that

Village of Milo, Accreditation No. M000468, Order No. 2760

provide services under the Safety Codes Act including applicable Alberta amendments

and regulations for the discipline of Building

Consisting of all parts of the National Building Code - 2019 Alberta Edition, and the

National Energy Code of Canada for Buildings 2017 as amended from time to time.

Accredited Date: June 7, 2010 Issued Date: September 3, 2021.

_______________

Pursuant to

Section 26 of the Safety Codes Act it is hereby ordered that

Village of Milo, Accreditation No. M000468, Order No. 2761

provide services under the Safety Codes Act including applicable Alberta amendments

and regulations for the discipline of Electrical

Consisting of all parts of the CSA C22.1-18 Canadian Electrical Code (24th Edition)

and Alberta Electrical Utility Code (5th Edition, 2016) as amended from time to time.

Accredited Date: June 7, 2010 Issued Date: September 3, 2021.

______________

Pursuant to

Section 26 of the Safety Codes Act it is hereby ordered that

Village of Milo, Accreditation No. M000468, Order No. 2762

provide services under the Safety Codes Act including applicable Alberta amendments

and regulations for the discipline of Gas

Consisting of all parts of the CAN/CSA-B149.1-15 Natural Gas and Propane

Installation Code, CAN/CSA-B149.2-15 Propane Storage and Handling Code, and

CAN/CSA-B108-18 Natural Gas Fuelling Stations Installation Code.

Excluding the CAN/CSA149.5-15 Installation Code for Propane Fuel Systems and

Tanks on Highway Vehicles, CSA-B109-17 Natural Gas for Vehicles Installation

Code, and CAN/CSA-B149.3-15 Code for the Field Approval of Fuel Related

Components on Appliances and Equipment.

Accredited Date: June 7, 2010 Issued Date: September 3, 2021.

Pursuant to

Section 26 of the Safety Codes Act it is hereby ordered that

Village of Milo, Accreditation No. M000468, Order No. 2763

provide services under the Safety Codes Act including applicable Alberta amendments

and regulations for the discipline of Plumbing

Consisting of all parts of the National Plumbing Code of Canada 2015, and Alberta

Private Sewage Systems Standard of Practice 2015 as amended from time to time.

Accredited Date: June 7, 2010 Issued Date: September 3, 2021.

Treasury Board and Finance

Approval of Standard Automobile Insurance Policy Forms

(Insurance Act)

Notice is hereby given that, pursuant to

section 551 of the Insurance Act, the

Superintendent of Insurance has approved the following Standard Automobile Policy

Forms for use in Alberta, effective January 1, 2022:

 Owner's Automobile Policy S.P.F. No. 1

 Garage Automobile Policy S.P.F. No. 4

 Transportation Network Automobile Policy S.P.F. No. 9

David Sorensen

Deputy Superintendent of Insurance.

_______________

Owner's Automobile Policy

S.P.F. No. 1

This form is approved by Alberta's Superintendent of Insurance effective January 1,

INSURING AGREEMENTS

In consideration of the payment of the premium specified and of the statements

contained in the application and subject to the limits, terms, conditions, provisions,

definitions and exclusions herein stated and subject always to the condition that the

Insurer shall be liable only under the section(

s) or subsection(

s) of the following

Insuring Agreements A, A.1, B, C for which a premium is set out in the Policy or in

the Certificate of Automobile Insurance and no other

SECTION A - THIRD PARTY LIABILITY

The Insurer agrees to indemnify the Insured and, in the same manner and to the same

extent as if named herein as the Insured, every other person who with the Insured's

consent personally drives the automobile, or personally operates any part thereof,

against the liability imposed by law upon the Insured or upon any such other person

for loss or damage arising from the ownership, use or operation of the automobile and

resulting from

BODILY INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO

PROPERTY

The Insurer shall not be liable under this section,

(

a) for any liability imposed by any workers' compensation law upon any person

insured by this section; or

(b) -deleted

(

c) for loss or damage resulting from bodily injury to or the death of any employee

of any person insured by this

section while engaged in the operation or repair of

the automobile; or

(

d) for loss of or damage to property carried in or upon the automobile or to any

property owned or rented by, or in the care, custody or control of any person

insured by this section; or

(e) -deleted

(f) -deleted

(

g) for any amount in excess of the limit(

s) stated in

section A of item 4 of the Policy

or in the Certificate of Automobile Insurance and expenditures provided for in

the Additional Agreements of this section; subject always to the provisions of the

section of the Insurance Act (Automobile Insurance Subpart) relating to the

nuclear energy hazard; or

(

h) for any liability arising from contamination of property carried in the automobile.

See also General Provisions,

Definitions, Exclusions and Statutory Conditions of this

Policy

ADDITIONAL AGREEMENTS OF INSURER

Where indemnity is provided by this

section the Insurer shall,

(1) upon receipt of notice of loss or damage caused to persons or property, serve any

person insured by this Policy by such investigation thereof, or by such

negotiations with the claimant, or by such settlement of any resulting claims, as

may be deemed expedient by the Insurer; and

(2) defend in the name and on behalf of any person insured by this Policy and at the

cost of the Insurer any civil action which may at any time be brought against

such person on account of such loss or damage to persons or property; and

(3) pay all costs taxed against any person insured by this Policy in any civil action

defended by the Insurer and any interest accruing after entry of judgment upon

that part of the judgment which is within the limit(

s) of the Insurer's liability; and

(4) in case the injury be to a person, reimburse any person insured by this Policy for

outlay for such medical aid as may be immediately necessary at the time of such

injury; and

(5) be liable up to the minimum limit(

s) prescribed for that province or territory of

Canada in which the accident occurred, if that limit(

s) is higher than the limit(

s) stated in

section A of Item 4 of the Policy or in the Certificate of Automobile

Insurance; and

(6) not set up any defence to a claim that might not be set up if the Policy were a

motor vehicle liability policy issued in the province or territory of Canada in

which the accident occurred.

AGREEMENTS OF INSURED

Where indemnity is provided by this section, every person insured by this Policy:

(

a) by the acceptance of this Policy, constitutes and appoints the Insurer as the

insured person's irrevocable attorney to appear and defend in any province or

territory of Canada in which action is brought against the insured person arising

out of the ownership, use or operation of the automobile;

(

b) shall reimburse the Insurer, upon demand, in the amount which the Insurer has

paid by reason of the provisions of any statute relating to automobile insurance

and which the Insurer would not otherwise be liable to pay under this Policy.

SECTION A.1 - DIRECT COMPENSATION FOR PROPERTY DAMAGE

Where

section 585.1 of the Insurance Act applies, the Insurer agrees to indemnify the

Insured under this

section as though the Insured were a third party for loss of or

damage to the automobile owned by the Insured, its equipment, and its contents if not

carried for reward, and for loss of use of the automobile, equipment and contents in

accordance with the Insurance Act and regulations made under the Insurance Act.

DEFINITIONS AND

INTERPRETATION

For the purpose of this section, with respect to a claim for loss of or damage to the

automobile and its equipment, the Insured is the owner of the automobile, and with

respect to a claim for loss of or damage to contents, the Insured is the owner of the

contents.

The Insurer will pay that portion of the total loss or damage that is equal to the

percentage to which the Insured or driver was not at fault for the accident, less any

applicable Direct Compensation for Property Damage deductible.

DEDUCTIBLE CLAUSE

Each occurrence causing loss or damage covered under this

section shall give rise to a

separate claim in respect of which the Insurer's liability shall be limited to the amount

of loss or damage in excess of the Direct Compensation for Property Damage

deductible, if any, stated in

Section A.1 of Item 4 of the Policy or in the Certificate of

Automobile Insurance multiplied by the percentage to which the driver of the

automobile was determined not at fault for the accident under the regulations. The

Insured is not permitted to sue anyone (for instance an at-fault motorist) to recover

this deductible. If there is loss of or damage to both the automobile and its contents,

the deductible will first be applied to the automobile loss or damage. If there is any

remaining deductible, the remainder will be applied to the contents loss or damage.

The deductible applies separately to each automobile that is insured.

EXCLUSIONS

The Insurer shall not be liable under this

section

(

a) for any amount in excess of coverages referenced in the Insurance Act

(Automobile Insurance Subpart) relating to nuclear energy hazards; or

(

b) for any claim arising from contamination of property carried in the automobile.

See also General Provisions,

Definitions, Exclusions and Statutory Conditions of this

Policy.

SECTION B - ACCIDENT BENEFITS

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

section who sustains bodily injury or death directly and independently of all other

causes by an accident arising out of the use or operation of an automobile.

SUBSECTION 1 - MEDICAL PAYMENTS

(1) In respect of

(

a) injuries to which the Diagnostic and Treatment Protocols Regulation

applies and that are diagnosed and treated in accordance with the protocols

under that Regulation, the expenses payable for any service, diagnostic

imaging, laboratory testing, specialized testing, supply, treatment, visit,

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

authorized under that Regulation, and payment must be made in the manner

and subject to the provisions of that Regulation, notwithstanding anything to

the contrary in

Section B, and

(

b) injuries

(

i) to which the Diagnostic and Treatment Protocols Regulation applies

but that are not diagnosed and treated in accordance with the protocols

under that Regulation,

(ii) to which the Diagnostic and Treatment Protocols Regulation ceases to

apply but for which the insured person wishes to make a claim under

provision (3) of "Special Provisions,

Definitions, and Exclusions of

Section B", and

(iii) to which

Section B applies, other than those injuries referred to in

subclauses (

i) and (ii),

all reasonable expenses incurred within 2 years from the date of the accident as a

result of those injuries for necessary medical, surgical, chiropractic, dental,

hospital, psychological, physical therapy, occupational therapy, massage therapy,

acupuncture, professional nursing and ambulance services and, in addition, for

other services and supplies, including any medically necessary equipment, home

modifications or vehicle modifications, that are, in the opinion of the insured

person's attending physician and in the opinion of the Insurer's medical advisor,

essential for the treatment or rehabilitation of the injured person,

to the limit of $50 000 per person.

(2) Notwithstanding provision (1),

(

a) expenses payable in respect of chiropractic services provided under

provision (1)(

b) are limited to $1000 per person;

(

b) expenses payable in respect of massage therapy services provided under

provision (1)(

b) are limited to $350;

(

c) expenses payable in respect of acupuncture services provided under

provision (1)(

b) are limited to $350.

(3) Subject to provision (4), the Insurer is not liable under this provision for those

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

or hospitalization plan or law or, except for similar insurance provided under

another automobile insurance contract, under any other insurance contract or

certificate issued to or for the benefit of any insured person.

(4) Except for those portions of expenses payable or recoverable under any law,

provision (3) does not apply to expenses payable or recoverable for an injury to

which the Diagnostic and Treatment Protocols Regulation applies.

SUBSECTION 2 - DEATH, GRIEF COUNSELLING, FUNERAL AND

TOTAL DISABILITY

Part I - Death, Grief Counselling and Funeral Benefits

Subject to the provisions of this

Part I, for death, a payment of a principal sum -

based on the age and status at the date of the accident of the deceased in a household

where the head of the household or the spouse/adult interdependent partner or

dependants survive - of the following amount:

Age of Deceased at

Date of Accident

Status of Deceased at Date of Accident

Head of Household

Spouse/Adult

Interdependent Partner

Dependent

Relative

Up to age of 4 years

$1 000

5 to 9 years

2 000

10 to 17 years

$10 000

$10 000

3 000

18 to 64 years

10 000

10 000

2 000

65 to 69 years

10 000

10 000

2 000

70 years and over

10 000

10 000

1 000

In addition, funeral service expenses up to the amount of $6 150 in respect of the

death of any one person.

In addition, grief counselling expenses up to the amount of $500 per family in respect

of the death of any one person.

In addition, with respect to the death of the head of household,

(

a) where there are 2 or more survivors who are

(

i) a spouse/adult interdependent partner and one or more dependent relatives,

(ii) 2 or more dependent relatives,

the principal sum payable is increased 20% for each survivor other than the first,

and

(

b) where there is a spouse/adult interdependent partner or dependent relative

survivor living in the household, the death benefit is increased

(

i) by $15 000 for the first spouse/adult interdependent partner or dependent

relative survivor, and

(ii) by a subsequent $4 000 for each of the remaining survivors.

For the purposes of this

Part I

(1) "head of household" means that member of a household with the largest income

in the year preceding the date of the accident;

(2) "dependent relative" means a person

(

a) under the age of 18 years for whose support the head of household or the

spouse/adult interdependent partner of the head of household (or both of

them) is legally liable and who is dependent upon either or both of them for

financial support; or

(b) 18 years of age or over and residing in the same dwelling premises as the

head of household who, because of mental or physical infirmity, is

principally dependent on the head of household or the spouse/adult

interdependent partner of the head of household (or both the head of

household and the spouse/adult interdependent partner) for financial

support;

(2.1) If the head of household has both a spouse and an adult interdependent partner, a

reference to spouse/adult interdependent partner or surviving spouse/adult

interdependent partner means

(

a) the spouse or surviving spouse, or

(

b) the adult interdependent partner or surviving adult interdependent partner,

living in the same dwelling premises as the head of household.

(3) the total sum payable shall be paid with respect to death of head of household or

spouse/adult interdependent partner to the surviving spouse/adult interdependent

partner. If there is no surviving spouse/adult interdependent partner in the

household, no amount shall be payable unless there are surviving dependent

relatives, and in that event the total sum payable shall be divided equally among

the surviving dependent relatives;

(4) the total amount payable with respect to death due to a common disaster of head

of household and spouse/adult interdependent partner shall be paid equally to

surviving dependent relatives;

(5) the sum payable with respect to the death of a dependent relative shall be paid to

the head of household or, if the head of household does not survive, to the

surviving spouse/adult interdependent partner of the head of household but, if

neither the head of household nor the spouse/adult interdependent partner

survives, no amount is payable;

(6) amounts payable under this

Part I shall be paid only to a person who is alive 60

days after the death of the insured person;

(7) the amount payable under this

Part I for the death of any person shall be reduced

by the amount of any payments made to or for such person with respect to the

same accident under

Part II, Total Disability;

(8) the amount payable under this Part for grief counselling is payable to the

spouse/adult interdependent partner or other immediate family member of the

deceased in respect of grief counselling for the immediate family members of an

insured person who dies as a result of the accident.

Part II - Total Disability

A weekly benefit for the period during which the injury shall wholly and continuously

disable such insured person, provided

(

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

(

b) within 60 days from the date of the accident such injury prevents the insured

person from performing any and every duty pertaining to the insured person's

occupation or employment;

(

c) no benefit shall be payable for the first seven days of such disability or for any

period in excess of 104 weeks.

Amount of Weekly Benefit - The weekly benefit payable shall be the lesser of:

(a) $600 per week, and

(b) 80% of the average gross weekly earnings, less any payments for loss of income

from occupation or employment received by or available to such insured person

under Subsection 2 (

A) of this

Section B.

The above benefits shall be subject to the terms of provision (3) below.

For the purpose of this

Part II,

(1) an insured person who is 18 years of age or over and who is not engaged in an

occupation or employment for wages or profit and is completely incapacitated

and unable to perform any of the insured person's household duties shall, while

so incapacitated, receive $200 per week for not more than 104 weeks;

(1.1) average gross weekly earnings is the greater of

(

a) average gross weekly earnings from an occupation or employment for the 4

weeks preceding the accident, and

(

b) average gross weekly earnings from an occupation or employment for the 52

weeks preceding the accident;

(2) a person shall be deemed to be employed

(

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

date of the accident, or

(

b) if 18 years of age or over, so engaged for any six months during the 12

months preceding the date of the accident.

(3) if the benefits for loss of time payable under this Part, together with benefits for

loss of time under another contract, including a contract of group accident

insurance and a life insurance contract providing disability insurance, exceed the

average gross weekly earnings of the insured person, the weekly benefit shall be

calculated in accordance with the following formula:

80% of WE

WB = ----------- x PB

PB + OB

where

WB is the weekly benefit,

WE is the average gross weekly earnings of the insured person,

PB is the lesser of $600 and 80% of WE,

OB is the total of all other weekly benefits payable to the insured person under

other contracts, including a contract of group accident insurance and a life

insurance contract providing disability insurance, excluding benefits under

the Employment Insurance Act (Canada) and the Canada Pension Plan

(Canada);

(4) the disability of the insured person shall be certified by a duly qualified medical

practitioner, if so required by the Insurer.

SUBSECTION 2(A) - SUPPLEMENTED BENEFITS RESPECTING

ACCIDENTS OCCURRING OUTSIDE ALBERTA IN A NO-FAULT

JURISDICTION

(1) In this Subsection,

(a) "accident" means an event resulting in bodily injury caused by an

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

including damage caused by a trailer;

(b) "applicable laws" means, with respect to a no-fault jurisdiction, the laws in

force from time to time governing the system of no-fault automobile

insurance in that jurisdiction;

(c) "insured person" means an individual who is a resident of Alberta and who

(

i) is an occupant of the described automobile or of a newly acquired or

temporary substitute automobile as defined in this policy,

(ii) is an occupant of an automobile and is

(

A) the named insured, or a spouse/adult interdependent partner of the

named insured living in the same dwelling premises as the named

insured, or

(

B) a dependent relative of an individual referred to in paragraph (

A) living in the same dwelling premises as the named insured,

(iii) while a pedestrian, is struck by the described automobile or a newly

acquired or temporary substitute automobile as defined in this policy,

(iv) while a pedestrian, is struck by an automobile and is

(

A) the named insured, or a spouse/adult interdependent partner of the

named insured living in the same dwelling premises as the named

insured, or

(

B) a dependent relative of an individual referred to in paragraph (

A) living in the same dwelling premises as the named insured,

(

v) is the occupant of an automobile or a pedestrian struck by an

automobile and is

(

A) an employee or partner of the named insured who is provided with

the regular use of the described automobile, or a spouse/adult

interdependent partner of the employee living in the same dwelling

premises as the employee or a spouse/adult interdependent partner

of the partner living in the same dwelling premises as the partner,

(

B) a dependent relative of an individual referred to in paragraph (

A) living in the same dwelling premises as that individual,

(vi) is

(

A) the occupant of an automobile, or

(

B) a pedestrian struck by an automobile driven by an individual

described in any of subclauses (

i) through (v),

but does not include an individual who is, at the time of an accident in

Quebec, the owner or occupant of an automobile registered in Quebec;

(d) "no-fault jurisdiction" means the Province of Quebec, Ontario, Manitoba,

Saskatchewan or British Columbia;;

(e) "pedestrian" means an individual who is not an occupant of an automobile;

(f) "resident of Alberta" means an individual who

(

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

ordinarily present in Alberta, and

(ii) meets the criteria for non-residency in the no-fault jurisdiction

established by the applicable laws of the no-fault jurisdiction.

(2) The definition of "insured person" under the heading Special Provisions,

Definitions, and Exclusions of

Section B does not apply to this Subsection.

(3) Where an insured person suffers personal injury as a result of an accident

occurring in a no-fault jurisdiction, the insurer agrees to pay to the insured person

the amount that would be payable under the applicable laws of the no-fault

jurisdiction as if the insured person were a resident of the no-fault jurisdiction.

(4) For the purposes of calculating an amount payable under (3) in respect of an

accident occurring in Quebec, references in the Automobile Insurance Act

(Quebec) to other statutes or regulations of Quebec used to calculate an amount

payable under (3) shall be read as references to corresponding Alberta statutes or

regulations or federal statutes or regulations that apply in Alberta.

(5) In any claim or action in Alberta arising out of an accident in Alberta, the insurer

agrees not to exercise its right of subrogation against a resident of Manitoba or

Saskatchewan in respect of

Section B - Accident Benefits paid to a resident of

Alberta under this policy.

(6) No exclusion or limitation in

Section B or in the General Provisions,

Definitions

and Exclusions and the Statutory Conditions of this Policy may be raised by the

insurer in respect of a claim by an insured person under (3).

SUBSECTION 3 - UNINSURED MOTORIST COVER

All sums which every insured person shall be legally entitled to recover as damages

for bodily injury and all sums which any other person shall be legally entitled to

recover as damages because of the death of any insured person, from the owner or

driver of an uninsured or unidentified automobile as defined herein.

(1) The Insurer shall not be liable under this subsection,

(

a) to any person who has a right of recovery under an unsatisfied judgment or

similar fund or plan in effect in any jurisdiction of Canada or the United

States of America;

(

b) to any person who, without the written consent of the Insurer, makes directly

or through the person's representative any settlement with or prosecutes to

judgment any action against any person or organization which may be

legally liable therefor;

(

c) for any amount in excess of the minimum limit(

s) for automobile bodily

injury liability insurance applicable in the jurisdiction in which the accident

occurs regardless of the number of persons so injured or killed, but in no

event shall such limit(

s) exceed the minimum limit(

s) applicable in the

jurisdiction stated in Item 1 of the Policy or in the Certificate of Automobile

Insurance.

(2) Uninsured automobile defined

An "uninsured automobile" under this

section means an automobile with respect

to which neither the owner nor driver thereof has applicable and collectible

bodily injury liability insurance for its ownership, use or operation, but shall not

include an automobile owned by or registered in the name of

(

a) the named insured or by any person residing in the same dwelling premises

therewith; or

(

b) the governments of Canada or the United States of America or any political

sub-division thereof or any agency or corporation owned or controlled by

any of them; or

(

c) any person who is an authorized self-insurer within the meaning of a

financial or safety responsibility law; or

(

d) any person who has filed a bond or otherwise given proof of financial

responsibility with respect to that person's liability for the ownership, use or

operation of automobiles.

(3) Unidentified automobile defined

An "unidentified" automobile under this subsection means an automobile which

causes bodily injury or death to an insured person arising out of physical contact

of such automobile with the automobile of which the insured person is an

occupant at the time of the accident, provided

(

a) the identity of either the owner or driver of such automobile cannot be

ascertained, and

(

b) the insured person or someone on the insured person's behalf has reported

the accident within 24 hours to a police, peace or judicial officer or to an

administrator of motor vehicle laws and shall have filed with the Insurer

within 30 days thereafter a statement under oath that the insured person or

the insured person's legal representative has a cause or causes of action

arising out of such accident for damages against a person or persons whose

identity cannot be ascertained and setting forth the facts in support thereof;

and

(

c) at the request of the Insurer, the insured person or the insured person's legal

representative makes available for inspection the automobile of which the

insured person was an occupant at the time of the accident.

(4) Limitation of liability

(

a) If claim is made under this subsection and claim is also made against any

person who is an insured under

Section A - Third Party Liability of this

Policy, any payment under this subsection shall be applied in reduction of

any amount which the insured person may be entitled to recover from any

person who is insured under

Section A;

(

b) Any payment made under

Section A or under subsections 1 or 2 of

Section

B of this Policy to an insured person hereunder shall be applied in reduction

of any amount which such person may be entitled to recover under this

subsection.

(5) Determination of legal liability and amount of damages

The determination as to whether the insured person shall be legally entitled to

recover damages and if so entitled, the amount thereof, shall be made by

agreement between the insured person and the Insurer.

If any difference arises between the insured person and the Insurer as to whether

the insured person is legally entitled to recover damages and, if so entitled, as to

the amount thereof these questions shall be submitted to arbitration of some

person to be chosen by both parties, or if they cannot agree on one person, then

by two persons, one to be chosen by the insured person and the other by the

Insurer and a third person to be appointed by the persons so chosen. The

submission shall be subject to the provisions of The Arbitration Act and the

award shall be binding upon the parties.

(6) Notice of legal action

If, before the Insurer makes payment of loss hereunder, the insured person or the

insured person's representative shall institute any legal action for bodily injury or

death against any other person owning or operating an automobile involved in

the accident, a copy of the writ of summons or other process served in

connection with such legal action shall be forwarded immediately to the Insurer.

SPECIAL PROVISIONS,

DEFINITIONS, AND EXCLUSIONS OF

SECTION B

(1) "Insured Person" Defined - In this section, the words "insured person" mean

(

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

acquired or temporary substitute automobile as defined in this Policy;

(

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

insured's spouse/adult interdependent partner and any dependent relative of

either while an occupant of any other automobile; provided that

(

i) the insured is an individual or are two spouses/adult interdependent

partners in a household;

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

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

accident;

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

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

premises as the insured;

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

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

same dwelling premises as the insured;

(

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

compensation or hire or for commercial delivery;

(

c) in subsection 1 and 2 of

Section B only, any person, not the occupant of an

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

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

substitute automobile as defined in the Policy.

(

d) in subsection 1 and 2 of

Section B only, the named insured, if an individual

and the named insured's spouse/adult interdependent partner and any

dependent relative residing in the same dwelling premises as the named

insured, not the occupant of an automobile or of railway rolling-stock that

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

(

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

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

the accident;

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

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

premises as the named insured;

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

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

dwelling premises as the named insured;

(

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

a sole proprietorship, any employee or partner of the insured for whose

regular use the automobile is furnished, and the employee's or partner's

spouse/adult interdependent partner and any dependent relative of either,

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

an occupant of any other automobile; and

(

f) in subsections 1 and 2 of

Section B only, any employee or partner of the

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

employee's or partner's spouse/adult interdependent partner and any

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

employee or partner, while not the occupant of an automobile or of railway

rolling-stock that runs on rails, who is struck by any other automobile;

provided that in respect of (

e) and (

f) above,

(

i) neither such employee nor partner or the employee's or partner's

spouse/adult interdependent partner is the owner of an automobile;

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

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

the accident;

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

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

same dwelling premises as such employee or partner;

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

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

premises as such employee or partner of the insured;

in respect of (

e) above only,

(

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

compensation or hire or for commercial delivery.

(1.1) "Prescribed claim form" Defined - In this section, the words "prescribed

claim form" mean a form prescribed by the Minister under

section 803 of the

Insurance Act.

(1.2) "Spouse/adult interdependent partner" Defined - In this section, the words

"spouse/adult interdependent partner" mean the spouse or adult interdependent

partner, as the case may be.

(2) Exclusions

(

a) The Insurer shall not be liable under provision (1) of subsection 1 nor under

part II of subsection 2 of this

section B for bodily injury to any person

(

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

sane or insane; or

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

law or plan as a result of the accident; or

(iii) where the person at the time of the accident is engaged in a race or

speed test; or

(iv) caused directly by sickness or disease; or

(

v) who is using the automobile for any illicit or prohibited trade or

transportation.

(

b) The Insurer shall not be liable under

Part II of Subsection 2 of this

Section B

for Bodily injury

(

i) sustained by any person who is convicted of an offence under

section

320.14 of the Criminal Code (Canada) occurring at the time of the

accident, or

(ii) sustained by any person driving the automobile who is under the age

prescribed by the law of the jurisdiction in which the accident occurs as

being the minimum age at which a licence or permit to drive the

automobile may be issued to the person; or

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

being either authorized by Law or qualified to drive the automobile.

(3) Notice and Proof of Claim - Subject to the Diagnostic and Treatment Protocols

Regulation, the insured person or the insured person's agent, or the person

otherwise entitled to make a claim or that person's agent, shall

(

a) deliver personally,

(

b) mail,

(

c) fax, or

(

d) send by e-mail if both parties have agreed to this method of sending and

receiving notices and other documents,

a properly completed prescribed claim form, containing at least the information

referred to in provision (3.1), to the chief agency or head office of the Insurer in

Alberta within 30 days of the accident, or if giving notice within 30 days is not

reasonable, as soon as practicable after that.

(3.1) Contents of Claim Form - The completed prescribed claim form must include

(

a) details of the injury, and

(

b) details of the accident that are within the personal knowledge of the insured

person.

(3.2) Responsibility for Expenses Related to Completion of Claim Form - The

Insurer shall pay all expenses incurred by or on behalf of the insured person in

completing the medical report portion of the prescribed claim form.

(3.3) Total Disability Claim - With respect to a total disability claim, the insured

person shall, if so required by the Insurer, furnish a certificate from a duly

qualified medical practitioner as to the cause and nature of the accident for which

the claim is made and as to the duration of the disability caused thereby.

(4) Medical Reports - Subject to provision (4.1), the Insurer has the right and the

claimant shall afford to a duly qualified medical practitioner named by the

Insurer an opportunity to examine the person of the insured's person when and as

often as it reasonably requires while the claim is pending, and also, in the case of

the death of the insured person, to make an autopsy subject to the law relating to

autopsies.

(4.1) Exemption - The Insurer has no right and the claimant is under no obligation

under provision (4) with respect to

(

a) injuries to which the Diagnostic and Treatment Protocols Regulation

applies during the period and with respect to any service, diagnostic

imaging, laboratory testing, specialized testing, supply, treatment, visit,

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

under that Regulation;

(

b) subject to provision (4.2), any other injuries for which the following services

are provided:

(

i) chiropractic services;

(ii) massage therapy services;

(iii) acupuncture services;

(iv) the following services to the extent of the specified limit:

(

A) psychological services, up to $750 per person;

(

B) physical therapy services, up to $750 per person;

(

C) occupational therapy services, up to $750 per person.

(4.2) Non-application - Provision (4.1)(

b) does not apply to those injuries to which

the Diagnostic and Treatment Protocols Regulation ceases to apply.

(5) Release - Notwithstanding any release provided for under the relevant sections

of the Insurance Act of the Province, the Insurer may demand, as a condition

precedent to payment of any amount under

Section B of the Policy, a release in

favour of the insured and the Insurer from liability to the extent of such payment

from the insured person or his personal representative or any other person.

(6) When Moneys Payable

(

a) Except for the expenses authorized to be paid in accordance with the

Diagnostic and Treatment Protocols Regulation, all amounts payable under

Section B other than benefits under

Part II of Subsection 2 shall be paid by

the Insurer within 60 days after it has received a completed prescribed claim

form. The initial benefits for loss of time under

Part II of Subsection 2 shall

be paid within 30 days after the Insurer has received the completed

prescribed claim form, and payments shall be made thereafter within each

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

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

continuing disability.

(

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

section unless the requirements of provisions (3) and (4) are complied with,

nor until the amount of the loss has been ascertained as provided in this

section.

(

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

under this

Section B must be commenced not later than two years from the

date on which the cause of action arose and not afterwards.

See also general provisions,

definitions, exclusions, and statutory conditions of this

policy.

SECTION C - LOSS OF OR DAMAGE TO INSURED AUTOMOBILE

The Insurer agrees to indemnify the Insured against direct and accidental loss of or

damage to the automobile, including its equipment

SUBSECTION 1 - ALL PERILS

from all perils;

SUBSECTION 2 - COLLISION OR UPSET

caused by collision with another object or by upset;

The words "another object" as used in this subsection 2 include (

a) a vehicle to which

the automobile is attached and (

b) the surface of the ground and any object therein or

thereon;

SUBSECTION 3 - COMPREHENSIVE

from any peril other than by collision with another object or by upset;

The words "another object" as used in this subsection 3 do not include a live

undomesticated animal. Loss or damage caused by an object, including another

automobile, striking the automobile when the automobile is not in use or operation,

missiles, falling or flying objects, fire, theft, explosion, earthquake, windstorm, hail,

rising water, malicious mischief, riot or civil commotion shall be deemed loss or

damage caused by perils for which insurance is provided under this subsection 3;

SUBSECTION 4 - SPECIFIED PERILS

caused by fire, lightning, theft or attempt thereat, windstorm, earthquake, hail,

explosion, riot or civil commotion, falling or forced landing of aircraft or of parts

thereof, rising water, or the stranding, sinking, burning, derailment or collision of any

conveyance in or upon which the automobile is being transported on land or water;

DEDUCTIBLE CLAUSE

Each occurrence causing loss or damage covered under any subsection of

Section C

except loss or damage caused by fire or lightning or theft of the entire automobile

covered by such subsection, shall give rise to a separate claim in respect of which the

Insurer's liability shall be limited to the amount of loss or damage in excess of the

amount deductible, if any, stated in the applicable subsection of

Section C of Item 4

of the Policy or in the Certificate of Automobile Insurance.

Where an occurrence causing loss or damage is covered under any subsection of

Section C and

Section A.1, the deductible under

Section C will be the deductible

stated in the applicable subsection of

Section C of Item 4 of the Policy or in the

Certificate of Automobile Insurance multiplied by the percentage to which the driver

of the automobile was determined at-fault for the accident under the regulations.

EXCLUSIONS

The Insurer shall not be liable,

(1) under any subsection of

Section C for loss or damage

(

a) to tires or consisting of or caused by mechanical fracture or breakdown of

any part of the automobile or by rusting, corrosion, wear and tear, freezing,

or explosion within the combustion chamber, unless the loss or damage is

coincident with other loss or damage covered by such subsection or is

caused by fire, theft or malicious mischief covered by such subsection;

(

b) caused by the conversion, embezzlement, theft or secretion by any person in

lawful possession of the automobile under a mortgage, conditional sale,

lease or other similar written agreement;

(

c) caused by the voluntary parting with title or ownership, whether or not

induced to do so by any fraudulent scheme, trick, device or false pretense;

(

d) caused directly or indirectly by contamination by radioactive material;

(

e) to contents of trailers;

(

f) to electronic accessories or electronic equipment, including radios, tape

players/decks, stereo players/decks, compact disc players, DVD players,

DVD screens, speakers, two-way radios, CB radios, ham radios, VHF

radios, televisions, facsimile machines, electronic navigation assistance,

positioning and location finding devices and items of a similar nature, when

such electronic accessories and electronic equipment are detached from the

automobile;

(

g) to telephones or computers:

(

h) where the insured drives or operates the automobile

(

i) while under the influence of alcohol or drugs to such an extent as to be

for the time being incapable of the proper control of the automobile;

(ii) while in a condition for which the insured is convicted of an offence

under

section 320.14 of the Criminal Code (Canada), under or in

connection with circumstances for which the insured is convicted of an

offence under

section 320.15 of the Criminal Code (Canada), is

convicted of an offence under

section 130 of the National Defence Act

(Canada) or contravenes

section 88.1(1) of the Traffic Safety Act

(Alberta);

(

i) where the insured permits, suffers, allows or connives at the use of the

automobile by any person contrary to the provisions of (h); or

(2) under subsections 3 (Comprehensive), 4 (Specified Perils) only, for loss or

damage caused by theft by any person or persons residing in the same dwelling

premises as the Insured, or by any employee of the Insured engaged in the

operation, maintenance or repair of the automobile whether the theft occurs

during the hours of such service or employment or not.

See also General Provisions,

Definitions, Exclusions and Statutory Conditions of this

Policy

ADDITIONAL AGREEMENTS OF INSURER

(1) Where loss or damage arises from a peril for which a premium is specified under

a subsection of this section, the Insurer further agrees:

(

a) to pay general average, salvage and fire department charges and customs

duties of Canada or of the United States of America for which the Insured is

legally liable;

(

b) to waive subrogation against every person who, with the insured's consent,

has care, custody or control of the automobile, provided always that this

waiver shall not apply to any person

(1) having such care, custody or control in the course of the business of

selling, repairing, maintaining, servicing, storing or parking

automobiles, or

(2) who has

(

i) committed a breach of any condition of this Policy or

(ii) driven or operated the automobile in the circumstances referred to

in (

i) or (ii) of paragraph (1) (

h) of the Exclusions to

Section C of

this Policy;

(

c) to indemnify the Insured and any other person who personally drives a

temporary substitute automobile as defined in the General Provisions of this

Policy against the liability imposed by law or assumed by the Insured or

such other person under any contract or agreement for direct and accidental

physical loss or damage to such automobile and arising from the care,

custody and control thereof; provided always that:

(

i) such indemnity is subject to the deductible clause and exclusions of

each such subsection;

(ii) if the owner of such automobile has or places insurance against any

peril insured by this section, the indemnity provided herein shall be

limited to the sum by which the deductible amount, if any, of such other

insurance exceeds the deductible amount stated in the applicable

subsection of this Policy;

(iii) the Additional Agreements under

Section A of this Policy shall insofar

as they are applicable, extend to the indemnity provided herein.

(2) Loss of Use by Theft - Where indemnity is provided under subsections 1, 3 or 4

of

Section C hereof the Insurer further agrees, following a theft of the entire

automobile covered thereby, to reimburse the Insured for expense up to $900

incurred for the rental of a substitute automobile including taxicabs and public

means of transportation.

Reimbursement is limited to such expense incurred during the period

commencing seventy-two hours after such theft has been reported to the Insurer

or the police and terminating, regardless of the expiration of the Policy period,

(

a) upon the date of the completion of repairs to or the replacement of the

property lost or damaged, or (

b) upon such earlier date as the Insurer makes or

tenders settlement for the loss or damage caused by such theft.

GENERAL PROVISIONS,

DEFINITIONS AND EXCLUSIONS

1. TERRITORY

This Policy applies only while the automobile is being operated, used, stored or

parked within Canada, the United States of America or upon a vessel plying

between ports of those countries.

2. OCCUPANT DEFINED

In this Policy the word "occupant" means a person driving, being carried in or

upon or entering or getting on to or alighting from an automobile.

3. CONSENT OF OWNER

No person shall be entitled to indemnity or payment under this Policy who is an

occupant of any automobile which is being used without the consent of the

owner thereof.

4. GARAGE PERSONNEL EXCLUDED

No person who is engaged in the business of selling, repairing, maintaining,

storing, servicing or parking automobiles shall be entitled to indemnity or

payment under this Policy for any loss, damage, injury or death sustained while

engaged in the use or operation of or while working upon the automobile in the

course of that business or while so engaged is an occupant of the described

automobile or a newly acquired automobile as defined in this Policy, unless the

person is the owner of such automobile or the owner's employee or partner.

5. AUTOMOBILE DEFINED

In this Policy except where stated to the contrary the words "the automobile"

mean:

Under Sections A - Third Party Liability, A.1 - Direct Compensation for

Property Damage, B - Accident Benefits, C - Loss of or Damage to Insured

Automobile

(

a) The Described Automobile - an automobile, trailer or semi-trailer

specifically described in the Policy or in the Certificate of Automobile

Insurance;

(

b) A Newly Acquired Automobile - an automobile, ownership of which is

acquired by the insured and, within fourteen days following the date of its

delivery to the insured, notified to the Insurer in respect of which the insured

has no other valid insurance, if either it replaces an automobile described in

the Policy or in the Certificate of Automobile Insurance or the Insurer

insures (in respect of the

section or subsection of the Insuring Agreements

under which claim is made) all automobiles owned by the Insured at such

delivery date and in respect of which the Insured pays any additional

premium required; provided however, that insurance hereunder shall not

apply if the Insured is engaged in the business of selling automobiles;

and under Sections A - Third Party Liability, A.1 - Direct Compensation for

Property Damage and B - Accident Benefits only

(

c) A Temporary Substitute Automobile - an automobile not owned by the

Insured, nor by any person or persons residing in the same dwelling

premises as the Insured, while temporarily used as the substitute for the

described automobile which is not in use by any person insured by this

Policy, because of its breakdown, repair, servicing, loss, destruction or sale;

(

d) Any automobile of the private passenger type, other than the described

automobile, while personally driven by the Insured, or by the Insured's

spouse/adult interdependent partner if residing in the same dwelling

premises as the Insured provided that

(

i) the described automobile is of the private passenger type;

(ii) the Insured is an individual or are spouses/adult interdependent

partners;

(iii) neither the Insured nor the Insured's spouse/adult interdependent

partner is driving such automobile in connection with the business of

selling, repairing, maintaining, servicing, storing or parking

automobiles;

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

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

premises as the Insured;

(

v) such other automobile is not owned, hired or leased by an employer of

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

same dwelling premises as the Insured;

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

compensation or hire or for commercial delivery;

(

e) If the Insured is a corporation, unincorporated association or registered co-

partnership, any automobile of the private passenger type, other than the

described automobile, while personally driven by the employee or partner

for whose regular use the described automobile is furnished, or by the

employee's or partner's spouse/adult interdependent partner if residing in

the same dwelling premises as such employee or partner, provided that

(

i) neither such employee or partner or the employee's or partner's

spouse/adult interdependent partner is the owner of an automobile of

the private passenger type;

(ii) the described automobile is of the private passenger type;

(iii) neither such employee, partner or spouse/adult interdependent partner is

driving the automobile in connection with the business of selling,

repairing, maintaining, servicing, storing or parking automobiles;

(iv) such other automobile is not owned, hired or leased or regularly or

frequently used by the Insured or such employee or by any partner of

the Insured or by any persons residing in the same dwelling premises as

any of the aforementioned persons;

(

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

compensation or hire or commercial delivery.

(

f) Trailers:

(

i) for the purposes of Sections A - Third Party Liability and B - Accident

Benefits, any trailer used in connection with the automobile.

(ii) for the purposes of

Section A.1 - Direct Compensation for Property

Damage only, any trailer owned by the insured and not described in the

Policy, and its contents owned by the insured, whether or not attached

to an automobile, provided such trailer is of the single axle, personal

use and utility type, has a gross vehicle weight rating (GVWR) of

910 kilograms or less, and is not used for temporary or permanent

accommodations; or any trailer described in the Policy or in the

Certificate of Automobile Insurance that provides

Section A.1 - Direct

Compensation for Property Damage coverage.

6. TWO OR MORE AUTOMOBILES

(

a) When two or more automobiles are described hereunder (

i) with respect to

the use or operation of such described automobiles, each automobile shall be

deemed to be insured under a separate policy; (ii) with respect to the use or

operation of an automobile not owned by the Insured, the limit of the

Insurer's liability shall not exceed the highest limit applicable to any one

described automobile;

(

b) When the Insured owns two or more automobiles which are insured as

described automobiles under two or more automobile insurance policies, the

limit of the Insurer under this Policy with respect to the use or operation of

an automobile not owned by the Insured shall not exceed the proportion that

the highest limit applicable to any one automobile described in this Policy

bears to the sum of the highest limits applicable under each policy and in no

event shall exceed such proportion of the highest limit applicable to any one

automobile under any policy;

(

c) A motor vehicle and one or more trailers or semi-trailers attached thereto

shall be held to be one automobile with respect to the limit(

s) of liability

under Sections A - Third Party Liability and B - Accident Benefits and

separate automobiles with respect to the limit(

s) of liability, including

deductible provisions, under Sections A.1 - Direct Compensation for

Property Damage and C - Loss of or Damage to Insured Automobile.

7. WAR RISKS EXCLUDED

The Insurer shall not be liable under

Section A.1 - Direct Compensation for

Property Damage, B - Accident Benefits or C - Loss of or Damage to Insured

Automobile of this Policy for any loss, damage, injury or death caused directly or

indirectly by bombardment, invasion, civil war, insurrection, rebellion,

revolution, military or usurped power, or by operation of armed forces while

engaged in hostilities, whether war be declared or not.

8. EXCLUDED USES

Unless coverage is expressly given by an endorsement of this Policy, the insurer

shall not be liable under this Policy while:

(

a) the automobile is rented or leased to another person, but does not include the

use by an employee of the employer's automobile in the business of the

employee's employer for which the employee is paid;

(

b) the automobile is used to carry explosives, or to carry radioactive material

for research, education, development or industrial purposes, or for purposes

incidental to those purposes. "Radioactive material" means

(

i) spent nuclear fuel rods that have been exposed to radiation in a nuclear

reactor,

(ii) radioactive waste material,

(iii) unused enriched nuclear fuel rods, or

(iv) any other radioactive material of such quantity and quality as to be

harmful to persons or property if its container were destroyed or

damaged;

(

c) the automobile is used as a taxicab, public omnibus, livery, jitney or

sightseeing conveyance or for carrying passengers for compensation or hire

provided that the following uses shall not be deemed to be the carrying of

passengers for compensation or hire:

(

i) the use by the insured of the insured's automobile for the carriage of

another person in return for the insured's carriage in the automobile of

the other person.

(ii) the occasional and infrequent use by the insured of the automobile for

the carriage of another person who shares the cost of the trip;

(iii) the use by the insured of the insured's automobile for the carriage of a

temporary or permanent domestic servant of the insured or the insured's

spouse/adult interdependent partner;

(iv) the occasional and infrequent use by the insured of the automobile for

the transportation of children to or from activities conducted as part of

an educational program,

(

v) the use by an insured of the automobile for the carriage of a client or

customer or prospective client or customer.

9. LIMITATION OF ACTIONS

Every action or proceeding against an insurer for the recovery of insurance

money payable under the contract is absolutely barred unless commenced within

the time set out in the Insurance Act.

STATUTORY CONDITIONS

In these Statutory Conditions, unless the context otherwise requires, "insured" means

a person insured by the contract whether named in the contract or not.

(

i) Statutory Condition 3 does not apply when the contract does not insure against

liability for loss or damage to persons and property;

(ii) Statutory Condition 4 does not apply when the contract does not insure against

loss of or damage to the automobile; and

(iii) Statutory Conditions 2, 3, 4, 5, 6 and 7 shall not apply to

Section B - Accident

Benefits.

Material Change in Risk

(1) The insured named in this contract must promptly notify the insurer or its agent

in writing, of any change in the risk material to the contract and within the

insured's knowledge.

(2) Without restricting the generality of subparagraph (1) of this condition, "change

in the risk material to the contract" includes

(

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

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

title by succession, death or proceedings under the Bankruptcy and

Insolvency Act (Canada); and

(

b) in respect to insurance against loss of or damage to the automobile,

(

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

application for the contract, and

(ii) any other insurance of the same interest, whether valid or not, covering

loss or damage insured by the contract or any portion of the contract.

Prohibited Use by Insured

(1) The insured must not drive or operate the automobile

(

a) unless the insured is for the time being either authorized by law or qualified

to drive or operate the automobile,

(

b) while the insured's licence to drive or operate an automobile is suspended or

while the insured's right to obtain a licence is suspended or while the

insured is prohibited under order of any court from driving or operating an

automobile,

(

c) while the insured is under the age of 16 years or under any other age

prescribed by the law of the province in which the insured resides at the time

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

to drive an automobile may be issued to the insured,

(

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

(

e) in any race or speed test.

Prohibited Use by Others

(2) The insured must not permit or allow the use of the automobile

(

a) by any person

(

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

qualified to drive or operate the automobile, or

(ii) while that person is under the age of 16 years or under any other age

prescribed by the law of the province in which the person resides at the

time the contract is made as being the minimum age at which a licence

or permit to drive an automobile may be issued to the person,

(

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

person's licence to drive or operate an automobile is suspended or while the

person's right to obtain a licence is suspended or while the person is

prohibited under order of any court from driving or operating an automobile,

(

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

(

d) in any race or speed test.

Requirements Where Loss or Damage to Persons or Property

(1) The insured must

(

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

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

claim made on account of the accident,

(

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

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

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

the accident is a person insured under the contract, and

(

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

received by the insured from or on behalf of the claimant.

(2) The insured must not

(

a) voluntarily assume any liability or settle any claim except at the insured's

own cost, or

(

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

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

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

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

in the prosecution of any appeal.

Requirements Where Loss or Damage to the Automobile

(1) When loss of or damage to the automobile occurs, the insured must, if the loss

or damage is covered by the contract,

(

a) promptly give notice of the loss or damage in writing to the insurer with

fullest information obtainable at the time,

(

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

automobile from further loss or damage, and

(

c) deliver to the insurer within 90 days after the date of the loss or damage a

statutory declaration stating, to the best of the insured's knowledge and

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

of the insured and of all others in the automobile, the encumbrances on the

automobile, all other insurance, whether valid or not, covering the

automobile and that the loss or damage did not occur through any wilful act

or neglect, procurement, means or connivance of the insured.

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

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

recoverable under the contract.

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

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

evidence of the loss or damage may be removed

(

a) without the written consent of the insurer, or

(

b) until the insurer has had a reasonable opportunity to make the inspection for

which provision is made in Statutory Condition 5.

Examination of Insured

(4) The insured must submit to examination under oath and must produce for

examination at any reasonable place and time designated by the insurer or its

representative all documents in the insured's possession or control that relate to

the matters in question, and the insured must permit extracts and copies of the

documents to be made.

Insurer Liable for Cash Value of Automobile

(5) The insurer is not liable for more than the actual cash value of the automobile at

the time any loss or damage occurs, and the loss or damage must be ascertained

or estimated according to that actual cash value with proper deductions for

depreciation, however caused, and must not exceed the amount that it would cost

to repair or replace the automobile, or any part of the automobile, with material

of similar kind and quality, but if any part of the automobile is obsolete and

unavailable, the liability of the insurer in respect of the automobile is limited to

the value of that part at the time of loss or damage, not exceeding the maker's

latest list price.

Repair or Replacement

(6) Except where a dispute resolution process has been initiated, the insurer, instead

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

property damaged or lost with other of similar kind and quality if, within 7 days

after the receipt of the proof of loss, it gives written notice of its intention to do

so.

No Abandonment, Salvage

(7) There must be no abandonment of the automobile to the insurer without the

insurer's consent.

(8) If the insurer exercises the option to replace the automobile or pays the actual

cash value of the automobile, the salvage, if any, vests in the insurer.

In Case of Disagreement

(9) In the event of disagreement as to the nature and extent of the repairs and

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

the loss or damage, those questions must be determined by a dispute resolution

process as provided under the Insurance Act before there can be recovery under

the contract, whether the right to recover under the contract is disputed or not,

and independently of all other questions.

(10) There is no right to a dispute resolution process until

(

a) a specific demand for it is made in writing, and

(

b) the proof of loss has been delivered.

Inspection of Automobile

5. The insured must permit the insurer at all reasonable times to inspect the

automobile and its equipment.

Time and Manner of Payment of Insurance Money

(1) The insurer must pay the insurance money for which it is liable under the

contract within 60 days after the proof of loss has been received by it or, where a

dispute resolution process is conducted under Statutory Condition 4(9), within 15

days after the decision is rendered.

When Action May Be Brought

(2) The insured may not bring an action to recover the amount of a claim under the

contract unless the requirements of Statutory Conditions 3 and 4 are complied

with or until the amount of the loss has been ascertained as provided for under

Statutory Conditions 3 and 4 or by a judgment against the insured after trial of

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

insurer.

Who May Give Notice and Proofs of Claim

7. Notice of claim may be given and proofs of claim may be made by the agent of

the insured named in this contract in the case of absence or inability of the

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

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

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

Termination

(1) The contract may be terminated

(

a) by the insurer giving to the insured 15 days' notice of termination by

recorded mail or 5 days' written notice of termination personally delivered,

(

b) by the insured at any time on request.

(2) If the contract is terminated by the insurer,

(

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

over the prorated premium for the expired time, but in no event, may the

prorated premium for the expired time be less than any minimum retained

premium specified, and

(

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

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

be made as soon as practicable.

(3) If the contract is terminated by the insured, the insurer must refund as soon as

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

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

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

specified.

(4) The 15-day period referred to in subparagraph 1(

a) of this condition starts to run

on the day the recorded letter or notification of it is delivered to the insured's

postal address.

Notice

(1) Any written notice to the insurer may be delivered at, or sent by recorded mail

to, the chief agency or head office of the insurer in the province.

(2) Written notice may be given to the insured named in the contract by letter

personally delivered to the insured or by recorded mail addressed to the insured

at the insured's latest postal address as notified to the insurer.

(3) In this condition, "recorded" means recorded in or outside Canada.

_______________

Garage Automobile Policy

S.P.F. No. 4

This form is approved by Alberta's Superintendent of Insurance effective January 1,

INSURING AGREEMENTS

In consideration of the payment of the premium specified and of the statements

contained in the application and subject to the limits, terms, conditions, provisions,

definitions and exclusions herein stated and subject always to the condition that the

Insurer shall be liable only under the section(

s) or subsection(

s) of the following

Insuring Agreements A, A.1, B, C and E for which a premium is set out in the Policy

or in the Certificate of Automobile Insurance and no other

SECTION A - THIRD PARTY LIABILITY

The Insurer agrees

OWNED AUTOMOBILES (

a) to indemnify the Insured and, in the same manner

and to the same extent as if named herein as the Insured, every other person who with

the consent of the Insured personally drives any owned automobile or operates any

part thereof, against the liability imposed by law upon the Insured or upon such other

person for loss or damage arising from the ownership, use or operation of any such

owned automobile; and

NON-OWNED AUTOMOBILES (

b) to indemnify the Insured against the liability

imposed by law upon the Insured for loss or damage arising from the use or operation

of any customer's automobile or non-owned automobile or part thereof; AND

RESULTING FROM BODILY INJURY TO OR DEATH OF ANY PERSON OR

DAMAGE TO THE PROPERTY OF OTHERS NOT IN THE CARE, CUSTODY

OR CONTROL OF THE INSURED.

BODILY INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO

PROPERTY

The Insurer shall not be liable under this Section:

(

a) for any liability imposed on any person insured by this Section

(1) by any worker's compensation law or plan; or

(2) for bodily injury to or the death of any partner, officer or employee of such

person while engaged in the business of such person;

(

b) for loss or damage to property carried in or upon an automobile owned or driven

by any person insured by this Section, or to any property owned or rented by, or

in the care, custody or control of any person insured by this Section;

(

c) for loss or damage to any customer's automobile;

(

d) for any amount in excess of the limit(

s) stated in

Section A of Item 5 of the

Policy or in the Certificate of Automobile Insurance and expenditures provided

for in the Additional Agreements of this Section; subject always to the provisions

of the

section of the Insurance Act (Automobile Insurance Subpart) relating to

the nuclear energy hazard; or

(

e) for any liability arising from contamination of property carried in the automobile.

See also General Provisions,

Definitions, Exclusions and Statutory Conditions of this

Policy

ADDITIONAL AGREEMENTS OF INSURER

Where indemnity is provided by this

Section the Insurer shall:

(1) upon receipt of notice of loss or damage caused to persons or property, make

such investigations, conduct such negotiations with the claimant, and effect such

settlement of any resulting claims, as are deemed expedient by the Insurer;

(2) defend in the name and on behalf of any person insured by this Policy and at the

cost of the Insurer any civil action that is at any time brought against such person

on account of loss or damage to persons or property;

(3) pay all costs taxed against any person insured by this Policy in any civil action

defended by the Insurer and any interest accruing after entry of judgment upon

that part of the judgment which is within the limit(

s) of the Insurer's liability;

(4) where the injury is to a person, reimburse any person insured by this Policy for

outlay for such medical aid as is immediately necessary at the time;

(5) be liable up to the minimum limit(

s) prescribed for that province or territory of

Canada in which the accident occurred, if that limit(

s) is higher than the limit(

s) stated in

Section A of Item 5 of the Policy or in the Certificate of Automobile

Insurance; and

(6) not set up any defence to a claim that might not be set up if the Policy were a

motor vehicle liability policy issued in the province or territory of Canada in

which the accident occurred

AGREEMENTS OF INSURED

Where indemnity is provided by this section, every person insured by this Policy:

(1) by the acceptance of this Policy, constitutes and appoints the Insurer as the

insured person's irrevocable attorney to appear and defend in any province or

territory of Canada in which action is brought against the insured person arising

out of the ownership, use or operation of the automobile;

(2) shall reimburse the Insurer, upon demand, in the amount which the Insurer has

paid by reason of the provisions of any statute relating to automobile insurance

and which the Insurer would not otherwise be liable to pay under this Policy.

SECTION A.1 - DIRECT COMPENSATION FOR PROPERTY DAMAGE

Where

section 585.1 of the Insurance Act applies, the Insurer agrees to indemnify the

Insured under this

section as though the Insured were a third party for loss of or

damage to the automobile, its equipment, and its contents if not carried for reward,

and for loss of use of the automobile, equipment and contents in accordance with the

Insurance Act and regulations made under the Insurance Act, provided it is not being

used for an Excluded Use or is not an Excluded Automobile under the General

Provisions,

Definitions and Exclusions of this Policy, if such automobile

(

a) is owned by the Insured, or

(

b) is not owned by the Insured, provided that the automobile

(

i) is in the Insured's care, custody or control; and

(ii) is not insured under another motor vehicle liability policy.

DEFINITIONS AND

INTERPRETATION

For the purpose of this section, with respect to a claim for loss of or damage to the

automobile and its equipment, the Insured is the owner of the automobile, and with

respect to a claim for loss of or damage to contents, the Insured is the owner of the

contents.

The Insurer will pay that portion of the total loss or damage that is equal to the

percentage to which the Insured or driver was not at fault for the accident, less any

applicable Direct Compensation for Property Damage deductible.

DEDUCTIBLE CLAUSE

Each occurrence causing loss or damage covered under this

section shall give rise to a

separate claim in respect of which the Insurer's liability shall be limited to the amount

of loss or damage in excess of the Direct Compensation for Property Damage

deductible, if any, stated in

Section A.1 of Item 5 of the Policy or in the Certificate of

Automobile Insurance multiplied by the percentage to which the driver of the

automobile was determined not at fault for the accident under the regulations. The

Insured is not permitted to sue anyone (for instance an at-fault motorist) to recover

this deductible. If there is loss of or damage to both the automobile and its contents,

the deductible will first be applied to the automobile loss or damage. If there is any

remaining deductible, the remainder will be applied to the contents loss or damage.

The deductible applies separately to each automobile that is insured.

EXCLUSIONS

The Insurer shall not be liable under this

section

(

a) for any amount in excess of coverages referenced in the Insurance Act

(Automobile Insurance Subpart) relating to nuclear energy hazards; or

(

b) for any claim arising from contamination of property carried in the automobile.

See also General Provisions,

Definitions, Exclusions and Statutory Conditions of this

Policy.

SECTION B - ACCIDENT BENEFITS

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

section who sustains bodily injury or death directly and independently of all other

causes by an accident arising out of the use or operation of an automobile.

SUBSECTION 1 - MEDICAL PAYMENTS

(1) In respect of

(

a) injuries to which the Diagnostic and Treatment Protocols Regulation

applies and that are diagnosed and treated in accordance with the protocols

under that Regulation, the expenses payable for any service, diagnostic

imaging, laboratory testing, specialized testing, supply, treatment, visit,

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

authorized under that Regulation, and payment must be made in the manner

and subject to the provisions of that Regulation, notwithstanding anything to

the contrary in

Section B, and

(

b) injuries

(

i) to which the Diagnostic and Treatment Protocols Regulation applies

but that are not diagnosed and treated in accordance with the protocols

under that Regulation,

(ii) to which the Diagnostic and Treatment Protocols Regulation ceases to

apply but for which the insured person wishes to make a claim under

provision (3) of "Special Provisions,

Definitions, and Exclusions of

Section B", and

(iii) to which

Section B applies, other than those injuries referred to in

subclauses (

i) and (ii),

all reasonable expenses incurred within 2 years from the date of the accident as a

result of those injuries for necessary medical, surgical, chiropractic, dental,

hospital, psychological, physical therapy, occupational therapy, massage therapy,

acupuncture, professional nursing and ambulance services and, in addition, for

other services and supplies, including any medically necessary equipment, home

modifications or vehicle modifications, that are, in the opinion of the insured

person's attending physician and in the opinion of the Insurer's medical advisor,

essential for the treatment or rehabilitation of the injured person,

to the limit of $50 000 per person.

(2) Notwithstanding provision (1),

(

a) expenses payable in respect of chiropractic services provided under

provision (1)(

b) are limited to $1000 per person;

(

b) expenses payable in respect of massage therapy services provided under

provision (1)(

b) are limited to $350;

(

c) expenses payable in respect of acupuncture services provided under

provision (1)(

b) are limited to $350.

(3) Subject to provision (4), the Insurer is not liable under this provision for those

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

or hospitalization plan or law or, except for similar insurance provided under

another automobile insurance contract, under any other insurance contract or

certificate issued to or for the benefit of any insured person.

(4) Except for those portions of expenses payable or recoverable under any law,

provision (3) does not apply to expenses payable or recoverable for an injury to

which the Diagnostic and Treatment Protocols Regulation applies.

SUBSECTION 2 - DEATH, GRIEF COUNSELLING, FUNERAL AND

TOTAL DISABILITY

Part I - Death, Grief Counselling and Funeral Benefits

Subject to the provisions of this

Part I, for death, a payment of a principal sum -

based on the age and status at the date of the accident of the deceased in a household

where the head of the household or the spouse/adult interdependent partner or

dependants survive - of the following amount:

Age of Deceased at

Date of Accident

Status of Deceased at Date of Accident

Head of Household

Spouse/Adult

Interdependent Partner

Dependent

Relative

Up to age of 4 years

$1 000

5 to 9 years

2 000

10 to 17 years

$10 000

$10 000

3 000

18 to 64 years

10 000

10 000

2 000

65 to 69 years

10 000

10 000

2 000

70 years and over

10 000

10 000

1 000

In addition, funeral service expenses up to the amount of $6 150 in respect of the

death of any one person.

In addition, grief counselling expenses up to the amount of $500 per family in respect

of the death of any one person.

In addition, with respect to the death of the head of household,

(

a) where there are 2 or more survivors who are

(

i) a spouse/adult interdependent partner and one or more dependent relatives,

(ii) 2 or more dependent relatives,

the principal sum payable is increased 20% for each survivor other than the first,

and

(

b) where there is a spouse/adult interdependent partner or dependent relative

survivor living in the household, the death benefit is increased

(

i) by $15 000 for the first spouse/adult interdependent partner or dependent

relative survivor, and

(ii) by a subsequent $4 000 for each of the remaining survivors.

For the purposes of this

Part I

(1) "head of household" means that member of a household with the largest income

in the year preceding the date of the accident;

(2) "dependent relative" means a person

(

a) under the age of 18 years for whose support the head of household or the

spouse/adult interdependent partner of the head of household (or both of

them) is legally liable and who is dependent upon either or both of them for

financial support; or

(b) 18 years of age or over and residing in the same dwelling premises as the

head of household who, because of mental or physical infirmity, is

principally dependent on the head of household or the spouse/adult

interdependent partner of the head of household (or both the head of

household and the spouse/adult interdependent partner) for financial

support;

(2.1) If the head of household has both a spouse and an adult interdependent partner, a

reference to spouse/adult interdependent partner or surviving spouse/adult

interdependent partner means

(

a) the spouse or surviving spouse, or

(

b) the adult interdependent partner or surviving adult interdependent partner,

living in the same dwelling premises as the head of household.

(3) the total sum payable shall be paid with respect to death of head of household or

spouse/adult interdependent partner to the surviving spouse/adult interdependent

partner. If there is no surviving spouse/adult interdependent partner in the

household, no amount shall be payable unless there are surviving dependent

relatives, and in that event the total sum payable shall be divided equally among

the surviving dependent relatives;

(4) the total amount payable with respect to death due to a common disaster of head

of household and spouse/adult interdependent partner shall be paid equally to

surviving dependent relatives;

(5) the sum payable with respect to the death of a dependent relative shall be paid to

the head of household or, if the head of household does not survive, to the

surviving spouse/adult interdependent partner of the head of household but, if

neither the head of household nor the spouse/adult interdependent partner

survives, no amount is payable;

(6) amounts payable under this

Part I shall be paid only to a person who is alive 60

days after the death of the insured person;

(7) the amount payable under this

Part I for the death of any person shall be reduced

by the amount of any payments made to or for such person with respect to the

same accident under

Part II, Total Disability;

(8) the amount payable under this Part for grief counselling is payable to the

spouse/adult interdependent partner or other immediate family member of the

deceased in respect of grief counselling for the immediate family members of an

insured person who dies as a result of the accident.

Part II - Total Disability

A weekly benefit for the period during which the injury shall wholly and continuously

disable such insured person, provided

(

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

(

b) within 60 days from the date of the accident such injury prevents the insured

person from performing any and every duty pertaining to the insured person's

occupation or employment;

(

c) no benefit shall be payable for the first seven days of such disability or for any

period in excess of 104 weeks.

Amount of Weekly Benefit - The weekly benefit payable shall be the lesser of:

(a) $600 per week, and

(b) 80% of the average gross weekly earnings, less any payments for loss of income

from occupation or employment received by or available to such insured person

under Subsection 2 (

A) of this

Section B.

The above benefits shall be subject to the terms of provision (3) below.

For the purpose of this

Part II,

(1) an insured person who is 18 years of age or over and who is not engaged in an

occupation or employment for wages or profit and is completely incapacitated

and unable to perform any of the insured person's household duties shall, while

so incapacitated, receive $200 per week for not more than 104 weeks;

(1.1) average gross weekly earnings is the greater of

(

a) average gross weekly earnings from an occupation or employment for the 4

weeks preceding the accident, and

(

b) average gross weekly earnings from an occupation or employment for the 52

weeks preceding the accident;

(2) a person shall be deemed to be employed

(

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

date of the accident, or

(

b) if 18 years of age or over, so engaged for any six months during the 12

months preceding the date of the accident.

(3) if the benefits for loss of time payable under this Part, together with benefits for

loss of time under another contract, including a contract of group accident

insurance and a life insurance contract providing disability insurance, exceed the

average gross weekly earnings of the insured person, the weekly benefit shall be

calculated in accordance with the following formula:

80% of WE

WB = ----------- x PB

PB + OB

where

WB is the weekly benefit,

WE is the average gross weekly earnings of the insured person,

PB is the lesser of $600 and 80% of WE,

OB is the total of all other weekly benefits payable to the insured person under

other contracts, including a contract of group accident insurance and a life

insurance contract providing disability insurance, excluding benefits under

the Employment Insurance Act (Canada) and the Canada Pension Plan

(Canada);

(4) the disability of the insured person shall be certified by a duly qualified medical

practitioner, if so required by the Insurer.

SUBSECTION 2(A) - SUPPLEMENTED BENEFITS RESPECTING

ACCIDENTS OCCURRING OUTSIDE ALBERTA IN A NO-FAULT

JURISDICTION

(1) In this Subsection,

(a) "accident" means an event resulting in bodily injury caused by an

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

including damage caused by a trailer;

(b) "applicable laws" means, with respect to a no-fault jurisdiction, the laws in

force from time to time governing the system of no-fault automobile

insurance in that jurisdiction;

(c) "insured person" means an individual who is a resident of Alberta and who

(

i) is an occupant of the described automobile or of a newly acquired or

temporary substitute automobile as defined in this Policy,

(ii) is an occupant of an automobile and is

(

A) the named insured, or a spouse/adult interdependent partner of the

named insured living in the same dwelling premises as the named

insured, or

(

B) a dependent relative of an individual referred to in paragraph (

A) living in the same dwelling premises as the named insured,

(iii) while a pedestrian, is struck by the described automobile or a newly

acquired or temporary substitute automobile as defined in this Policy,

(iv) while a pedestrian, is struck by an automobile and is

(

A) the named insured, or a spouse/adult interdependent partner of the

named insured living in the same dwelling premises as the named

insured, or

(

B) a dependent relative of an individual referred to in paragraph (

A) living in the same dwelling premises as the named insured,

(

v) is the occupant of an automobile or a pedestrian struck by an

automobile and is

(

A) an employee or partner of the named insured who is provided with

the regular use of the described automobile, or a spouse/adult

interdependent partner of the employee living in the same dwelling

premises as the employee or a spouse/adult interdependent partner

of the partner living in the same dwelling premises as the partner,

(

B) a dependent relative of an individual referred to in paragraph (

A) living in the same dwelling premises as that individual,

(vi) is

(

A) the occupant of an automobile, or

(

B) a pedestrian struck by an automobile driven by an individual

described in any of subclauses (

i) through (v),

but does not include an individual who is, at the time of an accident in

Quebec, the owner or occupant of an automobile registered in Quebec;

(d) "no-fault jurisdiction" means the Province of Quebec, Ontario, Manitoba,

Saskatchewan or British Columbia;

(e) "pedestrian" means an individual who is not an occupant of an automobile;

(f) "resident of Alberta" means an individual who

(

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

ordinarily present in Alberta, and

(ii) meets the criteria for non-residency in the no-fault jurisdiction

established by the applicable laws of the no-fault jurisdiction.

(2) The definition of "insured person" under the heading Special Provisions,

Definitions, and Exclusions of

Section B does not apply to this Subsection.

(3) Where an insured person suffers personal injury as a result of an accident

occurring in a no-fault jurisdiction, the insurer agrees to pay to the insured person

the amount that would be payable under the applicable laws of the no-fault

jurisdiction as if the insured person were a resident of the no-fault jurisdiction.

(4) For the purposes of calculating an amount payable under (3) in respect of an

accident occurring in Quebec, references in the Automobile Insurance Act

(Quebec) to other statutes or regulations of Quebec used to calculate an amount

payable under (3) shall be read as references to corresponding Alberta statutes or

regulations or federal statutes or regulations that apply in Alberta.

(5) In any claim or action in Alberta arising out of an accident in Alberta, the insurer

agrees not to exercise its right of subrogation against a resident of Manitoba or

Saskatchewan in respect of

Section B - Accident Benefits paid to a resident of

Alberta under this Policy.

(6) No exclusion or limitation in

Section B or in the General Provisions,

Definitions

and Exclusions and the Statutory Conditions of this Policy may be raised by the

insurer in respect of a claim by an insured person under (3).

SUBSECTION 3 - UNINSURED MOTORIST COVER

All sums which every insured person shall be legally entitled to recover as damages

for bodily injury and all sums which any other person shall be legally entitled to

recover as damages because of the death of any insured person, from the owner or

driver of an uninsured or unidentified automobile as defined herein.

(1) The Insurer shall not be liable under this subsection,

(

a) to any person who has a right of recovery under an unsatisfied judgment or

similar fund or plan in effect in any jurisdiction of Canada or the United

States of America;

(

b) to any person who, without the written consent of the Insurer, makes directly

or through the person's representative any settlement with or prosecutes to

judgment any action against any person or organization which may be

legally liable therefor;

(

c) for any amount in excess of the minimum limit(

s) for automobile bodily

injury liability insurance applicable in the jurisdiction in which the accident

occurs regardless of the number of persons so injured or killed, but in no

event shall such limit(

s) exceed the minimum limit(

s) applicable in the

jurisdiction stated in Item 1 of the Policy or in the Certificate of Automobile

Insurance.

(2) Uninsured automobile defined

An "uninsured automobile" under this

section means an automobile with respect

to which neither the owner nor driver thereof has applicable and collectible

bodily injury liability insurance for its ownership, use or operation, but shall not

include an automobile owned by or registered in the name of

(

a) the named insured or by any person residing in the same dwelling premises

therewith; or

(

b) the governments of Canada or the United States of America or any political

sub-division thereof or any agency or corporation owned or controlled by

any of them; or

(

c) any person who is an authorized self-insurer within the meaning of a

financial or safety responsibility law; or

(

d) any person who has filed a bond or otherwise given proof of financial

responsibility with respect to that person's liability for the ownership, use or

operation of automobiles.

(3) Unidentified automobile defined

An "unidentified" automobile under this subsection means an automobile which

causes bodily injury or death to an insured person arising out of physical contact

of such automobile with the automobile of which the insured person is an

occupant at the time of the accident, provided

(

a) the identity of either the owner or driver of such automobile cannot be

ascertained, and

(

b) the insured person or someone on the insured person's behalf has reported

the accident within 24 hours to a police, peace or judicial officer or to an

administrator of motor vehicle laws and shall have filed with the Insurer

within 30 days thereafter a statement under oath that the insured person or

the insured person's legal representative has a cause or causes of action

arising out of such accident for damages against a person or persons whose

identity cannot be ascertained and setting forth the facts in support thereof;

and

(

c) at the request of the Insurer, the insured person or the insured person's legal

representative makes available for inspection the automobile of which the

insured person was an occupant at the time of the accident.

(4) Limitation of liability

(

a) If claim is made under this subsection and claim is also made against any

person who is an insured under

Section A - Third Party Liability of this

Policy, any payment under this subsection shall be applied in reduction of

any amount which the insured person may be entitled to recover from any

person who is insured under

Section A;

(

b) Any payment made under

Section A or under subsections 1 or 2 of

Section

B of this Policy to an insured person hereunder shall be applied in reduction

of any amount which such person may be entitled to recover under this

subsection.

(5) Determination of legal liability and amount of damages

The determination as to whether the insured person shall be legally entitled to

recover damages and if so entitled, the amount thereof, shall be made by

agreement between the insured person and the Insurer.

If any difference arises between the insured person and the Insurer as to whether

the insured person is legally entitled to recover damages and, if so entitled, as to

the amount thereof these questions shall be submitted to arbitration of some

person to be chosen by both parties, or if they cannot agree on one person, then

by two persons, one to be chosen by the insured person and the other by the

Insurer and a third person to be appointed by the persons so chosen. The

submission shall be subject to the provisions of The Arbitration Act and the

award shall be binding upon the parties.

(6) Notice of legal action

If, before the Insurer makes payment of loss hereunder, the insured person or the

insured person's representative shall institute any legal action for bodily injury or

death against any other person owning or operating an automobile involved in

the accident, a copy of the writ of summons or other process served in

connection with such legal action shall be forwarded immediately to the Insurer.

SPECIAL PROVISIONS,

DEFINITIONS, AND EXCLUSIONS OF

SECTION B

(1) "Insured Person" Defined - In this section, the words "insured person" mean

(

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

acquired or temporary substitute automobile as defined in this Policy;

(

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

insured's spouse/adult interdependent partner and any dependent relative of

either while an occupant of any other automobile; provided that

(

i) the insured is an individual or are two spouses/adult interdependent

partners in a household;

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

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

accident;

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

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

premises as the insured;

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

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

same dwelling premises as the insured;

(

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

compensation or hire or for commercial delivery;

(

c) in subsection 1 and 2 of

Section B only, any person, not the occupant of an

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

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

substitute automobile as defined in the Policy.

(

d) in subsection 1 and 2 of

Section B only, the named insured, if an individual

and the named insured's spouse/adult interdependent partner and any

dependent relative residing in the same dwelling premises as the named

insured, not the occupant of an automobile or of railway rolling-stock that

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

(

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

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

the accident;

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

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

premises as the named insured;

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

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

dwelling premises as the named insured;

(

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

a sole proprietorship, any employee or partner of the insured for whose

regular use the automobile is furnished, and the employee's or partner's

spouse/adult interdependent partner and any dependent relative of either,

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

an occupant of any other automobile; and

(

f) in subsections 1 and 2 of

Section B only, any employee or partner of the

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

employee's or partner's spouse/adult interdependent partner and any

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

employee or partner, while not the occupant of an automobile or of railway

rolling-stock that runs on rails, who is struck by any other automobile;

provided that in respect of (

e) and (

f) above,

(

i) neither such employee nor partner or the employee's or partner's

spouse/adult interdependent partner is the owner of an automobile;

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

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

the accident;

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

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

same dwelling premises as such employee or partner;

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

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

premises as such employee or partner of the insured;

in respect of (

e) above only,

(

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

compensation or hire or for commercial delivery.

(1.1) "Prescribed claim form" Defined - In this section, the words "prescribed

claim form" mean a form prescribed by the Minister under

section 803 of the

Insurance Act.

(1.2) "Spouse/adult interdependent partner" Defined - In this section, the words

"spouse/adult interdependent partner" mean the spouse or adult interdependent

partner, as the case may be.

(2) Exclusions

(

a) The Insurer shall not be liable under provision (1) of subsection 1 nor under

part II of subsection 2 of this

section B for bodily injury to any person

(

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

sane or insane; or

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

law or plan as a result of the accident; or

(iii) where the person at the time of the accident is engaged in a race or

speed test; or

(iv) caused directly by sickness or disease; or

(

v) who is using the automobile for any illicit or prohibited trade or

transportation.

(

b) The Insurer shall not be liable under

Part II of Subsection 2 of this

Section B

for Bodily injury

(

i) sustained by any person who is convicted of an offence under

section

320.14 of the Criminal Code (Canada) occurring at the time of the

accident, or

(ii) sustained by any person driving the automobile who is under the age

prescribed by the law of the jurisdiction in which the accident occurs as

being the minimum age at which a licence or permit to drive the

automobile may be issued to the person; or

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

being either authorized by Law or qualified to drive the automobile.

(3) Notice and Proof of Claim - Subject to the Diagnostic and Treatment Protocols

Regulation, the insured person or the insured person's agent, or the person

otherwise entitled to make a claim or that person's agent, shall

(

a) deliver personally,

(

b) mail,

(

c) fax, or

(

d) send by e-mail if both parties have agreed to this method of sending and

receiving notices and other documents,

a properly completed prescribed claim form, containing at least the information

referred to in provision (3.1), to the chief agency or head office of the Insurer in

Alberta within 30 days of the accident, or if giving notice within 30 days is not

reasonable, as soon as practicable after that.

(3.1) Contents of Claim Form - The completed prescribed claim form must include

(

a) details of the injury, and

(

b) details of the accident that are within the personal knowledge of the insured

person.

(3.2) Responsibility for Expenses Related to Completion of Claim Form - The

Insurer shall pay all expenses incurred by or on behalf of the insured person in

completing the medical report portion of the prescribed claim form.

(3.3) Total Disability Claim - With respect to a total disability claim, the insured

person shall, if so required by the Insurer, furnish a certificate from a duly

qualified medical practitioner as to the cause and nature of the accident for which

the claim is made and as to the duration of the disability caused thereby.

(4) Medical Reports - Subject to provision (4.1), the Insurer has the right and the

claimant shall afford to a duly qualified medical practitioner named by the

Insurer an opportunity to examine the person of the insured's person when and as

often as it reasonably requires while the claim is pending, and also, in the case of

the death of the insured person, to make an autopsy subject to the law relating to

autopsies.

(4.1) Exemption - The Insurer has no right and the claimant is under no obligation

under provision (4) with respect to

(

a) injuries to which the Diagnostic and Treatment Protocols Regulation

applies during the period and with respect to any service, diagnostic

imaging, laboratory testing, specialized testing, supply, treatment, visit,

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

under that Regulation;

(

b) subject to provision (4.2), any other injuries for which the following services

are provided:

(

i) chiropractic services;

(ii) massage therapy services;

(iii) acupuncture services;

(iv) the following services to the extent of the specified limit:

(

A) psychological services, up to $750 per person;

(

B) physical therapy services, up to $750 per person;

(

C) occupational therapy services, up to $750 per person.

(4.2) Non-application - Provision (4.1)(

b) does not apply to those injuries to which

the Diagnostic and Treatment Protocols Regulation ceases to apply.

(5) Release - Notwithstanding any release provided for under the relevant sections

of the Insurance Act of the Province, the Insurer may demand, as a condition

precedent to payment of any amount under

Section B of the Policy, a release in

favour of the insured and the Insurer from liability to the extent of such payment

from the insured person or the insured person's personal representative or any

other person.

(6) When Moneys Payable

(

a) Except for the expenses authorized to be paid in accordance with the

Diagnostic and Treatment Protocols Regulation, all amounts payable under

Section B other than benefits under

Part II of Subsection 2 shall be paid by

the Insurer within 60 days after it has received a completed prescribed claim

form. The initial benefits for loss of time under

Part II of Subsection 2 shall

be paid within 30 days after the Insurer has received the completed

prescribed claim form, and payments shall be made thereafter within each

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

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

continuing disability.

(

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

section unless the requirements of provisions (3) and (4) are complied with,

nor until the amount of the loss has been ascertained as provided in this

section.

(

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

under this

Section B must be commenced not later than two years from the

date on which the cause of action arose and not afterwards.

See also general provisions,

definitions, exclusions, and statutory conditions of this

policy.

SECTION C - LOSS OF OR DAMAGE TO OWNED AUTOMOBILE

The Insurer agrees to indemnify the Insured against direct and accidental loss of or

damage to any owned automobile, including its equipment while attached thereto and

forming part thereof:

SUBSECTION 1 - COLLISION OR UPSET

caused by collision with another object or by upset;

The words "another object" as used in this subsection 1 include (

a) a vehicle to which

the automobile is attached and (

b) the surface of the ground and any object therein or

thereon;

SUBSECTION 2 - COMPREHENSIVE

from any peril other than by collision with another object or by upset;

The words "another object" as used in this subsection 2 do not include a live

undomesticated animal. Loss or damage caused by an object, including another

automobile, striking the automobile when the automobile is not in use or operation,

missiles, falling or flying objects, fire, theft, explosion, earthquake, windstorm, hail,

rising water, malicious mischief, riot or civil commotion shall be deemed loss or

damage caused by perils for which insurance is provided under this subsection 2;

SUBSECTION 3 - SPECIFIED PERILS

caused by fire, lightning, theft or attempt thereat, windstorm, earthquake, hail,

explosion, riot or civil commotion, falling or forced landing of aircraft or of parts

thereof, rising water, or the stranding, sinking, burning or derailment of any railway

car or watercraft in or upon which the automobile is being transported;

SUBSECTION 4 - SPECIFIED PERILS EXCLUDING THEFT

caused by fire, lightning, windstorm, earthquake, hail, explosion, riot or civil

commotion, falling or forced landing of aircraft or of parts thereof, rising water, or the

stranding, sinking, burning or derailment of any railway car or watercraft in or upon

which the automobile is being transported;

DEDUCTIBLE CLAUSE

The Insurer's liability shall be limited to the amount of loss or damage in excess of

the sum payable by the Insured stated in the applicable subsection of

Section C of

Item 5 of the Policy or in the Certificate of Automobile Insurance. The deductible

clause shall apply to loss or damage to each automobile except with respect to

automobiles insured under subsections 2, 3 and 4 of

Section C where the deductible

clause shall apply to each occurrence. This deductible clause shall not apply to loss or

damage caused by fire or lightning or theft of the entire automobile.

Where an occurrence causing loss or damage is covered under any subsection of

Section C and

Section A.1, the deductible under

Section C will be the deductible

stated in the applicable subsection of

Section C of Item 5 of the Policy or in the

Certificate of Automobile Insurance multiplied by the percentage to which the driver

of the automobile was determined at-fault for the accident under the regulations.

LIMITS OF LIABILITY APPLICABLE TO SUBSECTIONS 2, 3, 4

(

a) Subject to Clauses (

b) and (

c) below, the Insurer shall not be liable in respect of

any one occurrence for:

(

i) any amount in excess of the limits of liability stated in subsections 2, 3 and 4

of

Section C of Item 5 of the Policy or in the Certificate of Automobile

Insurance at each specified location;

(ii) any amount at a newly acquired location in excess of the lowest limit of

liability stated for any specified location;

(iii) loss or damage to more than four owned automobiles at any location not

used by the Insured in the business specified in Item 3 of the Policy or in the

Certificate of Automobile Insurance.

(

b) Where the premium is computed on a MONTHLY AVERAGE BASIS, if at the

time of loss the Insured has failed to file the report referred to in Clause 3 (b) (ii)

of the General Provisions,

Definitions and Exclusions, the Insurer's liability shall

be limited to the amounts included in the last report filed; furthermore, if the

delinquent report is the first report required to be filed, the Insurer shall be liable

for not more than 75% of the applicable limit of liability stated in Item 5 of the

Policy or in the Certificate of Automobile Insurance. In the event of loss, the

Insurer's liability at each location shall be limited to the proportion of the loss

that the amounts reported to the Insurer on the last report filed prior to the loss

bears to the actual cash value of all automobiles at the location on the date for

which the report is made.

(

c) Where the premium is computed on a COINSURANCE BASIS, the Insured shall

maintain insurance under this Policy on the automobiles hereby insured at each

specific location to the extent of at least 80% of the actual cash value thereof, and

that, failing so to do, the Insured shall be a co-insurer to the extent of an amount

sufficient to make the aggregate insurance equal to 80% of the actual cash value

of such automobiles at the time of loss or damage and, in that capacity, shall bear

the Insured's proportion of any loss or damage that may occur. If the total loss or

damage is confined to one automobile only, this co-insurance clause shall not

apply.

EXCLUSIONS

The Insurer shall not be liable,

(1) under any su