Automobile Insurance Consumer Protection Act, 1998 Sampson, Hon. Rob Minister Without Portfolio — Bill 90 (36th Parliament, 2nd Session)

Bill 90, 36-2

Ontario — Bills

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Bill 90, Automobile Insurance Consumer Protection Act, 1998

Sampson, Hon. Rob Minister Without Portfolio

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[36] Bill 90 Original (PDF)

B090_E

Bill 90 1998

An Act to increase fairness and consumer protection while maintaining a

balanced and stable automobile insurance plan in Ontario

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

Assembly of the Province of Ontario, enacts as follows:

PART I

AMENDMENTS TO THE INSURANCE ACT

1. (1) Subsection 121 (1) of the Insurance Act , as

amended by the Statutes of Ontario, 1993,

chapter 10,

section 12, 1994,

chapter 11,

section 338, 1996,

chapter 21,

section 14, 1997,

chapter 19,

section 10 and 1997,

chapter 28,

section 107, is further amended by adding

the following paragraph:

23.2.1 defining "income continuation benefit plan" and "loss of earning

capacity" for the purpose of this Act or any provision of this Act.

(2) Paragraph 23.4 of subsection 121 (1) of the Act, as enacted by

the Statutes of Ontario, 1996,

chapter 21,

section 14, is amended by striking

out "subsection 267.5 (4)" in the second line and substituting "clause 267.5

(4) (a)".

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

Ontario, 1996,

chapter 21,

section 18, is repealed and the following

substituted:

Information from agents

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

agent only represents one insurer.

Request for written information

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

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

Section 267.4 of the Act, as enacted by the Statutes of

Ontario, 1996,

chapter 21,

section 29, is amended by adding the following

subsection:

Application of amendments

(2) Subsection (1) shall not be interpreted as requiring an amendment made

to sections 267.5 to 267.11 to apply in respect of the use or operation,

before the amendment came into force, of an automobile.

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

of Ontario, 1996,

chapter 21,

section 29, is repealed and the following

substituted:

Exception

(4) Subsection (3) does not apply if,

(

a) the injured person has sustained a catastrophic impairment, as defined

in the regulations, arising directly or indirectly from the use or operation

of the automobile; or

(

b) the injured person was less than 16 years of age at the time of the

incident and has sustained permanent serious impairment of an important

physical, mental or psychological function arising directly or indirectly

from the use or operation of the automobile.

(2) Paragraph 3 of subsection 267.5 (7) of the Act, as enacted by

the Statutes of Ontario, 1996,

chapter 21,

section 29, is amended by

inserting at the beginning "Subject to subsections (8) and

(8.1)".

(3) Subsection 267.5 (8) of the Act, as enacted by the Statutes of

Ontario, 1996,

chapter 21,

section 29, is repealed and the following

substituted:

Application of subpara. (7) 3 i

(8) Subparagraph i of paragraph 3 of subsection (7) does not apply if the

amount of damages for non-pecuniary loss other than damages for non-pecuniary

loss under clause 61 (2) (

e) of the Family Law Act would exceed

$100,000 in the absence of that subparagraph.

Application of subpara. (7) 3 ii

(8.1) Subparagraph ii of paragraph 3 of subsection (7) does not apply if

the amount of damages for non-pecuniary loss under clause 61 (2) (

e) of the

Family Law Act would exceed $50,000 in the absence of that

subparagraph.

Application of subss. (7)-(8.1)

(8.2) Subsections (7), (8) and (8.1) apply in respect of each person who

is entitled to damages for non-pecuniary loss.

(4) Subsection 267.5 (11) of the Act, as enacted by the Statutes

of Ontario, 1996,

chapter 21,

section 29, is repealed and the following

substituted:

Motion to determine if threshold met; health care expenses

(11) In an action for loss or damage from bodily injury or death arising

directly or indirectly from the use or operation of an automobile, a judge

shall determine, on motion made before trial with the consent of the parties

or in accordance with an order of a judge who conducts a pre-trial

conference,

(

a) for the purpose of clause (4) (a), whether the injured person has

sustained a catastrophic impairment arising directly or indirectly from the

use or operation of the automobile; or

(

b) for the purpose of clause (4) (b), whether the injured person has

sustained permanent serious impairment of an important physical, mental or

psychological function arising directly or indirectly from the use or

operation of the automobile.

(5) Subsection 267.5 (14) of the Act, as enacted by the Statutes

of Ontario, 1996,

chapter 21,

section 29, is repealed and the following

substituted:

Determination at trial; health care expenses

(14) If no motion is made under subsection (11), the trial judge shall

determine,

(

a) for the purpose of clause (4) (a), whether the injured person has

sustained a catastrophic impairment arising directly or indirectly from the

use or operation of the automobile; or

(

b) for the purpose of clause (4) (b), whether the injured person has

sustained permanent serious impairment of an important physical, mental or

psychological function arising directly or indirectly from the use or

operation of the automobile.

5. Subsection 267.8 (19) of the Act, as enacted by the Statutes of

Ontario, 1996,

chapter 21,

section 29 and amended by 1997,

chapter 16,

section 9, is repealed and the following substituted:

Workplace Safety and Insurance Board

(19) Subsection (17) and clause 258.3 (1) (

a) do not apply with respect to

a subrogated action brought under subsection 30 (10) or (11) of the

Workplace Safety and Insurance Act, 1997 .

6. The Act is amended by adding the following

section:

Winding up orders

268.0.1

(1) The making of a winding-up order in respect

of an insurer under the Winding-up and Restructuring Act (Canada)

shall not be taken into account in determining under

section 268 whether the

insurer is liable to pay statutory accident benefits.

Motor Vehicle Accident Claims Fund

(2) If an insurer in respect of which a winding-up order has been made

under the Winding-up and Restructuring Act (Canada) is liable to pay

statutory accident benefits, the Motor Vehicle Accident Claims Fund shall pay

the benefits, including any benefits that were outstanding at the time the

order was made.

7. Subsection 282 (11.2) of the Act, as enacted by the Statutes of

Ontario, 1993,

chapter 10,

section 33, is repealed.

8. Subsection 283 (7) of the Act, as amended by the Statutes of

Ontario, 1993,

chapter 10,

section 34 and 1996,

chapter 21,

section 39, is

further amended by striking out "(11.2)" in the amendment of 1993 and

substituting "(11.1)".

9. Subsection 284 (5) of the Act, as re-enacted by the Statutes of

Ontario, 1996,

chapter 21,

section 40, is amended by striking out "(11) to

(11.2)" in the first line and substituting "(11) and (11.1)".

10. Subsection 412 (2) of the Act, as re-enacted by the Statutes

of Ontario, 1996,

chapter 21,

section 45, is amended by striking out

"Commissioner" in the first line and substituting

"Superintendent".

(1) Subsection 413 (3.4.1) of the Act, as enacted by the

Statutes of Ontario, 1997,

chapter 28,

section 128, is repealed and the

following substituted:

Hearing by Tribunal

(3.4.1) If an insurer appeals the Superintendent's decision within the

15-day period, the Tribunal shall hold a hearing.

(2) Section 413 of the Act, as amended by the Statutes of Ontario,

1993,

chapter 10,

section 40, 1996,

chapter 21,

section 46 and 1997,

chapter

28,

section 128, is further amended by adding the following

subsection:

Powers of the Superintendent, etc.

(6) For the purposes of this section, subsections 410 (4), 412 (6) and

(7) and 412.1 (2), (3) and (4) apply, with necessary modifications, as if the

insurer had made an application under

section 410.

12. Subsection 417.1 (1) of the Act, as enacted by the Statutes of

Ontario, 1993,

chapter 10,

section 46 and amended by 1997,

chapter 28,

section 134, is further amended by striking out "every three years" in the

second line and substituting "every two years".

PART II

AMENDMENTS TO OTHER ACTS

Compulsory Automobile Insurance Act

(1) The Compulsory Automobile Insurance Act is

amended by adding the following section:

Evidence in certain prosecutions

13.2

(1) This

section applies with respect to

prosecutions for offences under sections 2, 13 and 13.1.

Affidavit

(2) An affidavit sworn by a person who is identified in the affidavit as

an officer or employee of an insurer is admissible in evidence as proof, in

the absence of evidence to the contrary, that the motor vehicle identified in

the affidavit was or was not insured by the insurer on the date or dates

specified in the affidavit. The affidavit is admissible without proof of the

signature of the person who appears to have signed it.

Notice by prosecutor

(3) If the prosecutor intends to introduce the affidavit at trial, the

prosecutor shall give the following documents to the defendant at least 15

days before the beginning of the trial:

1. A copy of the affidavit.

2. Notice that the prosecutor intends to produce the affidavit in evidence

at the trial.

3. Notice of the requirements described in subsection (5).

Same

(4) Unless the court orders otherwise, the affidavit shall not be received

in evidence if the prosecutor fails to comply with subsection (3).

Notice by defendant

(5) If the defendant intends to cross-examine the deponent of the

affidavit at trial, the defendant shall give written notice to the prosecutor

at least seven days before the trial begins, and the prosecutor shall arrange

for the deponent to attend at the trial.

(2) Clause 15 (1) (c.2) of the Act, as enacted by the Statutes of

Ontario, 1996,

chapter 21,

section 50, is amended by inserting "or an agent

of the Minister of Transportation" after "Minister of Transportation" in the

second and third lines.

Highway Traffic Act

14. Subsection 7 (24) of the Highway Traffic Act , as

amended by the Statutes of Ontario, 1994,

chapter 27,

section 138, is further

amended by adding the following clause:

(

p) requiring insurers within the meaning of the Insurance Act or

any other class of persons to provide the Ministry with information relating

to damage to or the condition of vehicles, including prescribing the classes

of persons to which the requirements apply, prescribing the circumstances in

which the information must be provided, prescribing the information to be

provided and prescribing the manner in which the information must be

provided.

Motor Vehicle Accident Claims Act

15. (1) Subsection 3 (1) of the Motor Vehicle Accident Claims

Act is amended,

(

a) by striking out "Superintendent" in the first line and

substituting "Director"\; and

(

b) by striking out "Superintendent" in the second line and in the

fourth line of clause (

a) and substituting in each case

"Director".

(2) Section 4 of the Act, as amended by the Statutes of Ontario,

1993,

chapter 10,

section 54, 1997,

chapter 19,

section 16 and 1997,

chapter

28,

section 188, is further amended by adding the following

subsection:

Minister may require information

(4.1) The Minister may require a person who has a cause of action against

the Director or against the owner or driver of a motor vehicle that may be

uninsured to,

(

a) provide the Minister with the information prescribed by the

regulations within the time period prescribed by the regulations;

(

b) at the Minister's expense, undergo examinations by one or more persons

selected by the Minister who are members of Colleges within the meaning of

the Regulated Health Professions Act, 1991\;

(

c) provide the Minist

Document details

Collection	Ontario — Bills
Citation	Bill 90, 36-2
Type	bill
Volume / chapter	p36 s2 bill 90 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	88b5e2fc10de13928202a0f45d507e8fdbed792a

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