Bill No. 45 of 1946. A BILL TO AMEND THE ALBERTA INSURANCE ACT NOTE. ~ect!on. 2! 4 of the Act which is amended by

section 1 of thIS BIll IS In

Part VII of the Act dealing with autom'Obile insurance and provides that the insurer shall not be liable under an owner's policy or a driver's policy under certain circumstances set out in paragraphs (a), (

b) and (

c) and in certain 'Other -circumstances set out in paragraphs (d), (

e) and (

I) unless the coverage is extended under secti'On 276 which authorizes the insurer by an endorsement 'On the policy and payment of an additional premium to extend the coverage t'O these. The effect of the amendment made by paragraph (

a) of secti'On 1 of the Bill is to bring paragraph (

c) mentioned above in the same classification as para­ graphs (d). (

e) and (

f) which enable the insurer to cover the risk, upon payment of an extra premium. Paragraph (

c) at present makes an insurer not liable to any person not the owner of the autom'Obile engaged in the business of a garage, etc., for loss sustained while engaged in the operation or repair of the aut'Omobile. The amendment makes the insurer liable if the risk is endorsed on the policy and an extra premium paid. The above amendment makes necessary the amendment to

section 276 contained in

section 2 of the Bill.

Section 3 of the Bill amends

section 421 S'O as to include air lines with railway companies and bus lines licensed t'O carry passengers and express freight in having auth'Ority to act as agents 'Of insurance companies in insuring passengers and express freight carried by the company.

Section 4 amends

Schedule D containing the autom'Obile poJi,cy statutory conditions. The first change is in Statutory Condition 2 which provides among other things that the insured shall not use 'Or drive the automobile whilst he is not for the time being qualified and authorized by law to drive 'Or operate the autom'Obile etc. The effect of this is that an insurer might avoid liability if the insured had neglected to renew his driver's license through an oversight.

The change made in this condition overcomes this if the insured has in the past had a driver's license and is now qualified, provided his license is not cancelled or suspended at the time. A similar change is made in subsection (2) of Condition 2 which deals with the insured permitting, etc. the use of the automobile by di,squaIified persons. Paragraph (

a) of Condition 3 is struck out and a new paragraph substituted. This paragraph now provides that unless permission is given

ii by an endorsement on the policy and an additional premium paid, the automobile shall not be used (

a) with trailer attached. The new paragraph (

a) permits a trailer to be attached to a private passenger car if it is not a cabin trailer or trailer home nor used for business purposes, passenger carrying or commercial purposes, without the above endorse­ ment and extra premium. These amendments except that relating to air line com­ panies have been adopted and approved by the Conference of Superintendents of Insurance of all the Provinces. The Bill is drawn to come into force on proclamation, the intention being that it will be proclaimed in force in the different Provinces at the same time. w. S. GRAY, Legislative Counsel. (This note does not form any part of the Bill but is offered in explanation of its provisions.)

BILL No. 45 of 1946.

An Act to amend The Alberta Insurance Act. (Assented to , 1946.) HIS MAJE.ST~, by and with the advice and consent of the LegIslatIve Assembly of the Province of Alberta enacts as follows: ., 1. The Alberta Insurance Act, being

chapter 201 of the Revised Statut€s of Alberta, 1942, is hereby amended as to

section 274- (

a) by adding immediately after paragraph (

b) thereof the words "unless the coverage is expressly extended under

section 276,-"; (

b) by adding immediately at the end of paragraph (

c) thereof the word "or"; . (

c) by striking out the words "and, unless the coverage is expressly extended under

section 276,-" where the same occur immediately after paragraph (

c) thereof. 2. The said Act is further amended as to

section 276 by striking out the words and letters "paragraphs (d), (

e) and (I)" where the same occur in paragraph (

a) thereof, and by substituting therefor the words and letters "paragraphs (c), (d), (

e) and (I)". 3. The said Act is further amended as to

section 421 by adding immediately after the word "railway" where the same occurs in the second line thereof, the words "or air line". 4. The said Act is further amended as to

Schedule D, Statutory Conditions (automobile) ,- . (

a) by striking' out paragraph (

b) of subsection (1) of Condition 2 thereof, and by substituting therefor the follow­ ing: "(

b) if he has never been authorized by law, or is not qualified, to drive an automobile, or while- (

i) his license 'Or right t'O have a license, or his right to drive an automobile, remains suspended, cancelled, or restricted; or (ii) he is under the age of sixteen years; or" ; (

b) by striking out paragraph (

b) of Subsection (2) of Condition 2 thereof, and by substituting therefor the follow­ ing:

2 " (

b) by any person who has never been authorized by law, or is not qualified, to drive an automobile, or by any person while- (

i) his license or right to have a license, or his right to drive an automobile, remains suspended, can­ cancelled, or restricted; or (ii) he is under the age of sixteen years; or";. (

c) by striking out paragraph (

a) of Condition 3 thereof, and by substituting therefor the following: "(a) (

i) if of other than the private passenger type, with trailer attached; or (ii) if of the private passenger type, with cabin trailer or trailer home attached, nor with any other trailer attached while such trailer is used for business, passenger carrying or commercial purposes; or". 5. This Act ,shall come into foree upon a day to be fixed by Proclamation of the Lieutenant Governor in Council.

No. 45 THIRD SESSION TENTH LEGISLATURE 10 GEORGE VI 1946 BILL

An Act to amend The Alberta Insurance Act. Received and read the First time ................. . Second time ..... . Third time ....................................... . HON. MR. HOOKE. EDMONTON: A. Shnitka, King's Printer. 1946 Title: 1946 (10th, 3rd) Bill 45,

An Act to amend The Alberta Insurance Act