Determination Regulations
N.S. Reg. 106/2012
Nova Scotia — Regulations
This consolidation is unofficial and is for reference only.
For the official version of the regulations, consult the original documents on file with the Office of the Registrar of Regulations , or refer to the Royal Gazette
Part II .
Regulations are amended frequently.
Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.
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Automobile Insurance Fault Determination Regulations
made under
Section 138B of the
Insurance Act
R.S.N.S. 1989, c. 231
O.I.C. 2012-168 (effective April 1, 2013), N.S. Reg. 106/2012
amended to O.I.C. 2018-332 (effective December 18, 2018), N.S. Reg. 227/2018
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations .
Interpretation and Application
Citation
Definitions
Application of regulations
Degree of fault determined in accordance with regulations
Factors not included in degree of fault
If more than one provision of these regulations applies
Ordinary rules of law
Fault Determination
Automobiles travelling in the same direction and lane
Automobiles entering road from parking place, private road or driveway
Automobile entering controlled access highway
Chain reactions
Rules for automobiles travelling in the same direction in adjacent lane
Pile-ups
Automobiles travelling in opposite directions
Automobiles in intersection without traffic signals or signs
Automobiles in intersection with traffic signs
Automobiles at intersection with traffic signals
Rules for automobiles in parking lots
Automobiles that are parked
Driver fails to obey specified sign or direction
Backing up, making U-turn or opening door
Driver charged with a driving offence
Interpretation and Application
Citation
1 These regulations may be cited as the Automobile Insurance Fault Determination Regulations .
Definitions
2 In these regulations,
“Act” means the Insurance Act ;
“centre line” means any of the following:
(
i) a single or double, solid or broken line marked in the middle of the
roadway,
(ii) for a roadway without a line marked in the middle,
(
A) if the roadway is unobstructed, the middle of the roadway
measured from the curbs, or in the absence of curbs, from the
edges of the roadway,
(
B) if a portion of the roadway is obstructed by parked automobiles,
snowbanks or other objects blocking traffic along the edge or edges
of the roadway and two-way traffic past the obstructions is still
possible without difficulty, the middle of unobstructed portion of
the roadway,
(iii) for a roadway with more lanes available for traffic in one direction than
the other direction, the line dividing the lanes for traffic in different
directions;
“chain reaction” means a series of successive impacts among 3 or more automobiles
travelling in the same direction one behind the other in the same lane;
“collision” means
(
i) impact between 2 or more automobiles or parts of automobiles being
detached without the involvement of the insured, or
(ii) impact between an automobile and the load of another automobile;
“controlled access highway” means a highway designated as a controlled access
highway under the Public Highways Act ;
“damage” means any of the following:
(
i) damage caused to an insured automobile,
(ii) loss of use of an insured automobile,
(iii) loss of or damage to property owned by an insured while being
transported in an insured automobile;
“highway” means highway as defined in the Motor Vehicle Act ;
“intersection” means the area enclosed within the lateral boundary lines of 2 or more
roadways, or 2 or more lanes in a parking lot, that join one another at an angle, and
lines drawn at right angles across each of the roadways, or lanes in the parking lot,
from the points where the lateral boundary lines intersect;
“private road or driveway” means a road or driveway not open to the use of the
public for purposes of vehicular traffic;
“roadway” means that portion of a highway ordinarily used for vehicular travel,
exclusive of the shoulder unless the shoulder is paved;
“traffic signal” means a manually, electrically or mechanically operated device by
which traffic is traffic is alternately directed to stop and to proceed.
Application of regulations
(1) Except as provided in subsection (2), these regulations apply to all automobiles.
(2) These regulations do not apply to an automobile exempted from registration under
the Motor Vehicle Act , unless the automobile is insured by a motor vehicle liability
policy.
(3) References in these regulations to “automobile A”, “automobile B” and “automobile
C” are for ease of reference to the automobiles that may be involved in an incident
and have no meaning other than as labels applied to distinguish between the
automobiles.
(4) The diagrams in these regulations are merely illustrative of the situations described.
Degree of fault determined in accordance with regulations
4 An insurer must determine the degree of fault of an insured for loss or damage arising
directly or indirectly from the use or operation of an automobile in accordance with these
regulations.
Factors not included in degree of fault
5 The degree to which an insured is at fault in an incident must be determined without
reference to any of the following:
(
a) the circumstances in which the incident occurs, including weather conditions,
road conditions, visibility or the actions of pedestrians;
(
b) where the point of contact between the insured’s automobile and any other
automobile involved in the incident is located on the insured’s automobile.
If more than one provision of these regulations applies
(1) Except as provided in subsection (2), if more than 1 provision of these regulations
applies to an insured, the provision that attributes the least degree of fault to the
insured is the one that applies.
(2) If 2 provisions of these regulations apply to an incident involving 2 automobiles and
an insured would be 100% at fault under one provision and not at fault under the
other, the insured is 50% at fault for the incident.
Ordinary rules of law
(1) If an incident is not described in any of these regulations, the degree to which an
insured is at fault must be determined in accordance with the ordinary rules of law.
(2) If there is not enough information about an incident to determine the degree to which
an insured is at fault, the degree of fault must be determined in accordance with the
ordinary rules of law unless these regulations require otherwise.
Fault Determination
Automobiles travelling in the same direction and lane
(1) This
Section applies to an incident in which automobile A is struck from the rear by
automobile B, and both automobiles are travelling in the same direction and in the
same lane.
(2) If automobile A is stopped or is in forward motion when the incident occurs, then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
Diagram 8.2
(3) If the incident occurs when automobile A is turning, either to the right or to the left,
in order to enter a side road, private road or driveway, then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
Diagram 8.3
(4) If the incident occurs when automobile A is in forward motion and is entering a
parking place on either the right or the left side of the road, then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
Diagram 8.4
Automobiles entering road from parking place, private road or driveway
(1) This
Section applies when automobile A collides with automobile B while
automobile B is entering a road from a parking place, private road or driveway.
(2) If the incident occurs when automobile B is leaving a parking place and automobile
A is passing the parking place, then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
Diagram 9.2
(3) If the incident occurs when automobile B is entering a road from a private road or a
driveway and automobile A is passing the private road or driveway, and there are no
traffic signals or signs, then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
Diagram 9.3
Automobile entering controlled access highway
10 If automobile A collides with automobile B on a controlled access highway while
automobile B is entering the highway from an entrance lane, then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
Diagram 10.1
Chain reactions
(1) This
Section applies to chain reactions.
(2) The degree of fault for each collision between 2 automobiles involved in a chain
reaction is determined without reference to any related collisions involving either of
the automobiles and another automobile.
(3) If all automobiles involved in a chain reaction are in motion and automobile A is the
leading automobile, automobile B is second and automobile C is the third
automobile, then:
(
a) in the collision between automobiles A and B,
(
i) the driver of automobile A is not at fault for the incident,
(ii) the driver of automobile B is 50% at fault for the incident; and
(
b) in the collision between automobiles B and C,
(
i) the driver of automobile B is not at fault for the incident,
(ii) the driver of automobile C is 100% at fault for the incident.
Diagram 11.3
(4) If only automobile C in an chain reaction is in motion when the incident occurs,
then:
(
a) in the collision between automobiles A and B, neither driver is at fault for the
incident; and
(
b) in the collision between automobiles B and C,
(
i) the driver of automobile B is not at fault for the incident,
(ii) the driver of automobile C is 100% at fault for the incident.
Diagram 11.4
Rules for automobiles travelling in the same direction in adjacent lane
(1) This
Section applies to an incident in which automobile A collides with automobile
B, and both automobiles are travelling in the same direction and in adjacent lanes.
(2) If neither automobile A nor automobile B changes lanes, and both automobiles are
on or over the centre line when the incident occurs, then the driver of each
automobile is 50% at fault for the incident.
Diagram 12.2 (sideswipe)
(3) If the location on the road of automobiles A and B when the incident occurs cannot
be determined, then the driver of each automobile is 50% at fault for the incident.
Diagram 12.3 (sideswipe)
(4) If the incident occurs when automobile B is changing lanes, then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
Diagram 12.4 (sideswipe)
(5) If the incident occurs when automobile A is turning left at an intersection and
automobile B is overtaking automobile A to pass it, then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
Diagram 12.5
(6) If the incident occurs when automobile A is turning left at a private road or a
driveway and automobile B is overtaking automobile A to pass it, then:
(
a) the driver of automobile A is 75% at fault for the incident;
(
b) the driver of automobile B is 25% at fault for the incident.
Diagram 12.6
(7) If the incident occurs when automobile A is turning left at a private road or a
driveway and automobile B is passing 1 or more automobiles stopped behind
automobile A, then:
(
a) the driver of automobile A is not at fault for the incident;
Diagram 12.7
(
b) the driver of automobile B is 100% at fault for the incident.
Pile-ups
(1) This
Section applies to pile-ups, which are defined as incidents involving a series of
impacts among 3 or more automobiles travelling in the same direction and in
adjacent lanes.
(2) For each collision between 2 automobiles involved in a pile-up, the driver of each
automobile is 50% at fault for the incident.
Diagram 13.2
Automobiles travelling in opposite directions
(1) This
Section applies to an incident in which automobile A collides with automobile
B, and the automobiles are travelling in opposite directions and in adjacent lanes.
(2) If neither automobile A nor automobile B changes lanes and both automobiles are on
or over the centre line when the incident occurs, then the driver of each automobile
is 50% at fault for the incident.
Diagram 14.2 (sideswipe)
(3) If the location on the road of automobiles A and B when the incident occurs cannot
be determined, then the driver of each automobile is 50% at fault for the incident.
Diagram 14.3 (sideswipe)
(4) If only automobile B is over the centre line of the road when the incident occurs,
then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
Diagram 14.4
(5) If the incident occurs when automobile B turns left into the path of automobile A,
then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
Diagram 14.5
(6) If automobile B is leaving a parking place or is entering the road from a private road
or driveway and automobile A is overtaking to pass another automobile when the
incident occurs, then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
Diagram 14.6
Automobiles in intersection without traffic signals or signs
(1) This
Section applies to an incident in which automobile A collides with automobile
B at an intersection that does not have traffic signals or traffic signs.
(2) If automobile A enters the intersection before automobile B, then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
(3) If automobiles A and B enter the intersection at the same time and automobile A is
to the right of automobile B when in the intersection, then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
(4) If it cannot be determined whether automobile A or B entered the intersection first,
then the driver of each automobile is 50% at fault for the incident.
Automobiles in intersection with traffic signs
(1) This
Section applies to an incident in which automobile A collides with automobile
B at an intersection with traffic signs.
(2) If the incident occurs when the driver of automobile B fails to obey a stop sign, yield
sign or a similar sign or flares or other signals on the ground, then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
(3) If the driver of each automobile fails to obey a stop sign, the driver of each
automobile is 50% at fault for the incident.
(4) If it cannot be determined who failed to obey a stop sign, then the driver of each
automobile is 50% at fault for the incident.
(5) If automobile A arrives at an all-way stop intersection first and stops, then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
(6) If both automobiles arrive at an all-way stop intersection at the same time and stop,
with automobile A to the right of automobile B, then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
(7) If it cannot be determined who arrived at an all-way stop intersection first, then the
driver of each automobile is 50% at fault for the incident.
Automobiles at intersection with traffic signals
(1) This
Section applies to an incident in which automobile A collides with automobile
B at an intersection with traffic signals.
(2) If the driver of automobile B fails to obey a traffic signal, then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
(3) If it cannot be determined whether the driver of either automobile failed to obey a
traffic signal, then the driver of each automobile is 50% at fault for the incident.
(4) If the traffic signals at an intersection are inoperative, then the degree to which each
of the drivers is at fault is determined in accordance with these regulations as if the
intersection were an all-way stop intersection.
Rules for automobiles in parking lots
(1) The following
definitions apply in this Section:
“feeder lane” means a road in a parking lot other than a thoroughfare;
“thoroughfare” means a main road for passage into, through or out of a parking lot.
(2) This
Section applies to an incident in which automobile A collides with automobile
B in a parking lot.
(3) The degree to which a driver is at fault in an incident that occurs on a thoroughfare is
determined in accordance with these regulations as if the thoroughfare were a
roadway.
(4) If the incident occurs when automobile A is leaving a feeder lane and fails to yield
the right of way to automobile B on a thoroughfare, then:
(
a) the driver of automobile A is 100% at fault for the incident;
(
b) the driver of automobile B is not at fault for the incident.
(5) If the incident occurs when automobile A is leaving a parking space and fails to
yield the right of way to automobile B on a feeder lane or a thoroughfare, then:
(
a) the driver of automobile A is 100% at fault for the incident;
(
b) the driver of automobile B is not at fault for the incident.
Automobiles that are parked
(1) Except as provided in subsection (2), if automobile A is parked when automobile B
collides with it, then:
(
a) the driver of automobile A is not at fault for the incident;
(
b) the driver of automobile B is 100% at fault for the incident.
(2) If automobile A is illegally parked, stopped or standing when automobile B collides
with it and the incident occurs outside a city, town, village or rural community, then:
(
a) the driver of automobile A is 100% at fault for the incident;
(
b) the driver of automobile B is not at fault for the incident.
Driver fails to obey specified sign or direction
20 The driver of automobile A is 100% at fault and the driver of automobile B is not at fault
for an incident in which automobile A collides with automobile B when the driver of
automobile A fails to obey any of the following:
(
a) a peace officer’s direction;
(
b) a do not enter sign;
(
c) a prohibited passing sign;
(
d) a prohibited turn sign.
Backing up, making U-turn or opening door
21 The driver of automobile A is 100% at fault and the driver of automobile B is not at fault
for an incident that occurs when:
(
a) automobile A is backing up;
(
b) automobile A is making a U-turn; or
(
c) the driver of, or a passenger in, automobile A opens the automobile door or
leaves the door open.
Driver charged with a driving offence
(1) For the purposes of these regulations, any one of the following that occurs as a result
of an incident constitutes a driving offence:
(
a) a driver is charged with operating an automobile while their ability to operate
the automobile was impaired by alcohol or a drug or by a combination of
alcohol and a drug;
(
b) a driver is charged with driving while their blood alcohol level or blood drug
concentration level exceeded the limits permitted by law;
(
c) a driver is charged with an indictable offence related to the operation of an
automobile;
(
d) a driver is asked to provide a breath sample or a sample of bodily substance
and they are charged with failing or refusing to provide the sample;
(
e) a driver is charged with exceeding the speed limit by 25 or more kilometres
per hour;
(
f) a driver is given a demand to perform physical coordination tests or submit to
an evaluation and they are charged with failing or refusing to comply with the
demand.
(2) The degree to which an insured is at fault in an incident is determined in accordance
with the ordinary rules of law and not in accordance with these regulations if all of
the following apply:
(
a) the driver of automobile A involved in the incident is charged with a driving
offence;
(
b) the driver of automobile B is wholly or partly at fault, as otherwise determined
under these regulations, for the incident.
Legislative History
Reference Tables
Automobile Insurance Fault Determination Regulations
N.S. Reg.
106/2012
Insurance Act
Note: The
information in these tables does not form part of the regulations and is
compiled by the Office of the Registrar of Regulations for reference only.
Source Law
The current consolidation of the Automobile Insurance Fault Determination Regulations made
under the Insurance Act includes all
of the following regulations:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
106/2012
Apr 1, 2013
date specified
Jun 1, 2012
227/2018
Dec 18, 2018
date specified
Jan 4, 2019
The following regulations are not yet in force and are
not included in the current consolidation:
N.S.
Regulation
In force
date*
How in force
Royal Gazette
Part II Issue
*See subsection 3(6) of the Regulations Act for
rules about in force dates of regulations.
Amendments by Provision
ad. = added
am. = amended
fc. = fee change
ra. = reassigned
rep. = repealed
rs . = repealed and substituted
Provision affected
How affected
2 ........................................................
ra. from 2(1) 227/2018
. 2(1) .................................................
ra. as 2 227/2018
22(1)(a) .............................................
am. 227/2018
22(1)(b) .............................................
am. 227/2018
22(1)(d) .............................................
am. 227/2018
22(1)(f) .............................................
ad. 227/2018
Note that changes to headings are not
included in the above table.
Editorial Notes and Corrections:
Note
Effective
date
Original text does not include any other subsections in
Section 2. Subsection 2(1) redesignated as
Section 2 for the purposes of this
consolidation.
(corrected by N.S. Reg.
227/2018)
Repealed and Superseded:
N.S.
Regulation
Title
In force
date
Repealed
date
Note: Only
regulations that are specifically repealed and replaced appear in this
table. It may not reflect the entire
history of regulations on this subject matter.