Crown's Right of Recovery (President of Treasury Board and Minister of Finance) Regulation (Alta. Reg. 89/2012)

Alta. Reg. 89/2012

Alberta — Regulations

© Published by Alberta King’s Printer Alberta King’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 E-mail: kings-printer@gov.ab.ca Shop on-line at kings-printer.alberta.ca Province of Alberta Office Consolidation Alberta Regulation 89/2012 With amendments up to and including Alberta Regulation 158/2025 Current as of June 25, 2025 CROWN’S RIGHT OF RECOVERY ACT CROWN’S RIGHT OF RECOVERY (PRESIDENT OF TREASURY BOARD AND MINISTER OF FINANCE) REGULATION

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Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 158/2025) ALBERTA REGULATION 89/2012 Crown’s Right of Recovery Act CROWN’S RIGHT OF RECOVERY (PRESIDENT OF TREASURY BOARD AND MINISTER OF FINANCE) REGULATION Table of Contents 1

Interpretation 2 Calculation of assessment factors 3 Variables in formulas 4 Payment due date 5 Penalty 6 Interim payment of penalty 7 Interest 8 Repeal 9 E x p i r y 10 Coming into force

Interpretation 1(1) In this Regulation, (a) “Act” means the Crown’s Right of Recovery Act; (b) “assessment factor year” means the calendar year in respect of which an assessment factor is or will be established; (c) “total premiums” means, i n respect of a calendar year, the total premiums written in the calendar year for third party liability insurance, as determined by the President of Treasury Board and Minister of Finance, by automobile insurers licensed to provide automobile insurance under the Insurance Act for all or a portion of the calendar year.

(2) The

definitions in

section 1 of the Act apply to this Regulation. Calculation of assessment factors 2 The President of Treasury Board and Minister of Finance shall establish the assessment factor in respect of any given calendar year for the purposes of Division 2 of

Part 1 of the Act by using the formula

Section 3 AR 89/2012 CROWN’S RIGHT OF RECOVERY (PRESIDENT OF TREASURY BOARD AND MINISTER OF FINANCE) REGULATION 2 assessment factor (for the = A assessment factor year) B rounded off to 4 decimal places and then converted to a percentage. Variables in formulas 3 For the purposes of calculating an assessment factor under

section 2, (

a) A is the estimate by the Min ister of Hospital and Surgical Health Services or the Minister of Primary and Preventative Health Services of the Crown’s cost of health services referred to in

section 22(2) of the Act for the assessment factor year plus the aggregate assessment for the 2nd calendar year preceding the assessment factor year less the amount collected by the President of Treasury Board and Minister of Finance under this Regulation for the 2nd calendar year preceding the assessment factor year; (

b) B is the projected total premiums for the assessment factor year calculated in accordance with the formula B = 2[C(1-D)] + E where C is the average of the changes in total premiums between (

i) the 2nd and 3rd cal endar years preceding the assessment factor year, (ii) the 3rd and 4th calendar years preceding the assessment factor year, and (iii) the 4th and 5th calendar years preceding the assessment factor year; D is an adjustment factor e stablished by the President of Treasury Board and Minister of Finance for the assessment factor year; E is the total premiums for the 2nd calendar year preceding the assessment factor year. AR 89/2012 s3;158/2025

Section 4 AR 89/2012 CROWN’S RIGHT OF RECOVERY (PRESIDENT OF TREASURY BOARD AND MINISTER OF FINANCE) REGULATION 3 Payment due date 4 An automobile insurer who is required to pay an amount under

section 26 of the Act in respect of a calendar year shall pay the amount to the President of Treasury Board and Minister of Finance on or before March 15 of the following year. Penalty 5 A penalty assessed under

section 27 of the Act shall be calculated to be an amount that is the greater of (a) $25 per day for each day of default, and (

b) the sum of (i) 5% of the unpaid amount, if any, required to be paid under

section 26 of the Act on the required filing date of March 15, and (ii) 1% of the unpaid amount, if any, required to be paid under

section 26 of the Act on the 15th day of each subsequent month in which the report remains unfiled. AR 89/2012 s5;39/2022 Interim payment of penalty 6(1) The President of Treasury Board and Minister of Finance may, in respect of an automobile insurer who has failed to file a report for a calendar year as required by

section 27 of the Act, send a notice to the insurer requiring the insurer to pay a portion of the penalty referred to in

section 5 with interest calculated to a specified day.

(2) The amount of the penalty in the notice is calculated in accordance with

section 5, except that the amount calculated under

section 5(b)(ii) is zero.

(3) An automobile insurer who receives a notice referred to in subsection (1) shall immediately pay the amount under the notice to the President of Treasury Board and Minister of Finance.

(4) Any amount paid by an automobile insurer as a result of a notice under this

section shall be subtracted from the penalty under

section 5 and interest on the penalty calculated after the automobile insurer files a report as required by

section 27 of the Act. Interest 7(1) Interest on an amount that an automobile insurer is required to pay under

section 26 of the Act in respect of a year accrues on

Section 8 AR 89/2012 CROWN’S RIGHT OF RECOVERY (PRESIDENT OF TREASURY BOARD AND MINISTER OF FINANCE) REGULATION 4 any unpaid portion of the amount starting on March 16 of the following year.

(2) Interest on a penalty referred to in

section 27(3) of the Act that arises because an automobile insurer did not file a report on or before March 15 of a year starts to accrue on March 16 of that year.

(3) The interest referred to in subsections (1) and (2) is calculated daily and the interest is compounded daily.

(4) The rate of the interest referred to in subsections (1) and (2) is determined for each quarter of the year and is the sum of (

a) the rate that is the simple arithmetic mean, expressed as a percentage per year and rounded to the next higher whole percentage where the mean is not a whole percentage, of the weekly average equivalent yield, expressed as a percentage per year, of Government of Canada Treasury Bills that mature approximately 3 months after their date of issue and that are sold at a weekly auction of Government of Canada Treasury Bills during the first month of the preceding quarter, and ( b ) 3 . 5 % . Repeal 8 The Crown’s Right of Recovery (Minister of Finance) Regulation (AR 219/96) is repealed.

Expiry 9 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on December 31, 2029. AR 39/2022 s3;147/2024 Coming into force 10 This Regulation comes into force on the coming into force of

section 40(3) of the Crown’s Right of Recovery Act.

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Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 89/2012
Type	regulation
Volume / chapter	2012 089
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	da07ab3a31c5fff32638540d48cd8b381e996de1

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