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Bill 42, Ending Discrimination in Automobile Insurance Act, 2019

Gill, Hon. Parm

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Status

Debates

Acts affected

Original

Bill 42 Original (PDF)

EXPLANATORY

NOTE

The

purpose of the Bill is to enhance the marketplace and to encourage more

consumer choice in the area of automobile insurance.

The

Bill amends the Automobile Insurance Rate Stabilization

Act, 2003 to require the Superintendent of Financial Services to rescind

Bulletin A-01/05 which sets out factors to be included in a risk classification

system of an insurer under that Act.

The

Bill also amends the Insurance Act to require the

Lieutenant Governor in Council to amend Regulation 664 (Automobile Insurance)

of the Revised Regulations of Ontario, 1990 made under this Act so that a risk

classification system prohibits insurers from using factors primarily related

to the postal code or telephone area code for the residence of a person who

would be an insured person under a contract. It also requires the Financial

Services Regulatory Authority of Ontario to make a rule to the same effect.

Bill 42 2018

Act to amend the Automobile Insurance Rate Stabilization Act, 2003 and the Insurance

Act with respect to ending discrimination in automobile insurance

Her

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

Province of Ontario, enacts as follows:

Automobile

Insurance Rate Stabilization Act, 2003

Section 2.1 of the Automobile Insurance Rate Stabilization

Act, 2003 is amended by adding the following subsection:

Presumption,

no indicators of residence of insured person

(7.1) For

the purposes of clauses 3 (5) (a), 7 (7) (

a) and 7.1 (1) (a), the

Superintendent shall rescind Bulletin A-01/05, as it reads on the day this

subsection comes into force, which sets out factors to be included in a risk classification

system of an insurer.

Insurance

Act

(1) Paragraph 34.1 of subsection 121 (1) of the Insurance Act is amended by adding “subject to subsection

(1.1)” at the beginning.

(2) Paragraph

36 of subsection 121 (1) of the Act is amended by adding “subject to subsection

(1.1)” at the beginning.

(3) Paragraph

36.1 of subsection 121 (1) of the Act is amended by adding “subject to

subsection (1.1)” at the beginning.

(4) Section

121 of the Act is amended by adding the following subsection:

Restriction,

risk classification system

(1.1) The

Lieutenant Governor in Council shall amend Regulation 664 (Automobile

Insurance) of the Revised Regulations of Ontario, 1990 made under this Act, as

that Regulation reads on the day this subsection comes into force, so that a

risk classification system prohibits insurers from using factors primarily

related to the postal code or telephone area code for the residence of a person

who would be an insured person under a contract.

(1) Paragraph 32 of subsection 121.0.1 (1) of the Act is amended by

adding “Subject to subsection (1.1)” at the beginning.

(2) Paragraph

33 of subsection 121.0.1 (1) of the Act is amended by adding “Subject to

subsection (1.1)” at the beginning.

(3) Section

121.0.1 of the Act is amended by adding the following subsection:

Restriction,

risk classification system

(1.1) The

Authority shall make a rule so that a risk classification system prohibits

insurers from using factors primarily related to the postal code or telephone

area code for the residence of a person who would be an insured person under a

contract.

Commencement

and

Short Title

Commencement

(1) Subject to subsection (2), this Act comes into force on the day

it receives Royal Assent.

(2) Section

3 comes into force on the day

section 10 of

Schedule 21 to the Stronger, Fairer Ontario Act (Budget Measures), 2017

comes into force.

Short

title

The

short title of this Act is the Ending Discrimination

in Automobile Insurance Act, 2018 .

Date Bill stage Event Outcome Committee

March 21, 2019

Second Reading

Ordered referred to Standing Committee

Standing Committee on Finance and Economic Affairs

March 21, 2019

Second Reading

Vote

Carried on division

March 21, 2019

Second Reading

Debated

October 15, 2018

First Reading

Vote

Carried

Debates and Progress

First Reading

October 15, 2018

Committee

Second Reading

March 21, 2019

Mr. Parm Gill, Mr. Gurratan Singh, Mr. Tom Rakocevic, Mr. Prabmeet Singh Sarkaria, Mr. Faisal Hassan, Miss Kinga Surma, Mr. Amarjot Sandhu, Mr. Vijay Thanigasalam

March 21, 2019

March 21, 2019

Carried on recorded division. Referred to the Standing Committee on Finance and Economic Affairs.

Committee

Standing Committee on Finance and Economic Affairs

Third Reading

Royal Assent

Acts affected - Bill 42

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Automobile Insurance Rate Stabilization Act, 2003

Insurance Act

Legislative Assembly of Ontario

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