Homeowners Insurance Credit Scoring Ban Act, 2010 Colle, Mike — Bill 130 (39th Parliament, 2nd Session)

Bill 130, 39-2

Ontario — Bills

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Bill 130, Homeowners Insurance Credit Scoring Ban Act, 2010

Colle, Mike

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[39] Bill 130 Original (PDF)

Bill 130 2010

An Act to amend

the Insurance Act to ban the use of credit history and ratings in respect of

homeowners and other personal property insurance

Note:

This Act amends the Insurance Act. For the legislative history of the Act, see

the Table of Consolidated Public Statutes – Detailed Legislative History at

www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of

the Legislative Assembly of the Province of Ontario, enacts as follows:

(1) Section

438 of the Insurance Act

is amended by adding the following definition:

"personal property insurance" means

homeowners insurance, condominium insurance and tenant insurance; (" assurance de biens meubles ")

(2) The

definition of "unfair or deceptive acts or practices" in

section 438 of the Act

is amended by adding "or that is set out in

section 439.1" at the end.

(3) Section

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

Regulations

(2) For the purposes

of the definition of "personal property insurance" in subsection (1), the

Lieutenant Governor in Council may make regulations defining "homeowners

insurance", "condominium insurance" and "tenant insurance".

2. The Act is

amended by adding the following section:

Application of section, personal

property insurance

439.1

(1) This

section

applies to insurers engaged in the business of personal property insurance.

Prohibited practices, same

(2) No insurer shall

engage in any of the following unfair or deceptive acts or practices in respect

of personal property insurance:

1. Declining to issue,

terminating or refusing to renew a contract or refusing to provide or continue

any coverage or endorsement in respect of a contract on any of the grounds

listed in subsection (3).

2. Using

any of the grounds listed in subsection (3) for the purpose of classifying

risks in the determination of rates for a coverage or category of insurance.

Grounds referred to in subsection (2)

(3) The grounds referred to in paragraphs 1 and 2 of

subsection (2) are the following:

1. The

credit history of a person who would be an insured person under the contract.

2. The

credit rating of a person who would be an insured person under the contract.

Commencement

3. This Act comes into force on the day it

receives Royal Assent.

Short title

4. The

short title of this Act is the Homeowners Insurance Credit

Scoring Ban Act, 2010 .

EXPLANATORY NOTE

The

Bill prohibits insurers from using, in respect of personal property insurance,

a person's credit history or rating as grounds for the following:

1. Declining

to issue, terminating or refusing to renew a contract or refusing to provide or

continue any coverage or endorsement in respect of a contract.

2. Classifying

risks in the determination of rates for a coverage or category of insurance.

Date Bill stage Activity Committee

November 4, 2010

First Reading

Carried

Debates and Progress

First Reading

November 4, 2010

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 130

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

Insurance Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 130, 39-2
Type	bill
Volume / chapter	p39 s2 bill 130 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	ed78305df94c981bb111594033575eb82d1944dc

Source file is stored in the law ingest library (html).