Newfoundland and Labrador Gazette, Part II — 1 August 2004 (Extraordinary Issue) — Regulations NLR 79/04–NLR 83/04

NLG 2004-08-01

Newfoundland and Labrador — Gazette

THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part I PUBLISHED BY AUTHORITY ST. JOHN'S, SUNDAY, AUGUST 1, 2004 AUTOMOBILE INSURANCE ACT STANDARD AUTOMOBILE POLICY CHANGES Pursuant to subsection 4. (1) of the Automobile Insurance Act, R.S.N.L. 1990, as amended, the following changes to the S.P.F. No. 1, Standard Automobile Policy (Owner’s Form) as published in

Part I of The Newfoundland and Labrador Gazette on June 30, 1994 are hereby approved for use in the Province effective August 1, 2004. WINSTON MORRIS Superintendent of Insurance 1. Under

SECTION A - THIRD PART Y LIABILITY, under The insurer shall not be liable under this Section, - delete the “.” at the end of paragraph (

h) and add “; or”, and - add after paragraph (

h) the following: (

i) for any liability arising from the use or opera tion of the automobile by an excluded driver. 2. Under

(3) EXCLUSIONS of the SPECIAL PROVISIONS,

DEFINITIONS AND EXCLUSIONS OF

SECTION B, (

a) delete the word “or” at the end of paragraph (a) (ii), (

b) delete the “.” at the end of paragraph (a) (iii) and add “; or”, and (

c) add after paragraph a (iii) the following:

ST. JOHN'S, SUNDAY, AUGUST 1, 2004 2Extraordinary Gazette August 1, 2004 (iv) resulting from the use or operation of the automobile by an excluded driver. 3. Under EXCLUSIONS of

SECTION C - LOSS OF OR DAMAGE TO INSURED AUTOMOBILE, under The insurer shall not be liable, - add after paragraph (1) (

h) the following: (

i) where the automobile is being used or operated by an excluded driver; or 4. Under LIMITS AND EXCLUSIONS of

SECTION D - UNINSURED AUTOMOBILE AND UNIDENTIFIED AUTOMOBILE COVERAGE, (

a) delete the word “and” at the end of paragraph 3. (1) (g), (

b) delete the “.” at the end of para graph 3. (1) (

h) and add “; or”, and (

c) add after paragraph 3. (1) (

h) the following: (

i) for loss or damage that occurs while the in sured automobile is being used or operated by an excluded driver. 5. Under the GENERAL PROVISION,

DEFINITIONS AND EXCLUSIONS

section of the policy, add the following: 3.1 EXCLUDED DRIVER DEFINED In this Policy the words “excluded driver” mean a person who is named in an endorsement to the Policy, which endorsement eliminates c overage under the Policy while the named person drives or operates an automobile identifie d in the endorsement including any temporary substitute automobile or any newly acquired automobile.

THE NEWFOUNDLAND AND LABRADOR GAZETTE EXTRAORDINARY

Part II PUBLISHED BY AUTHORITY ST. JOHN'S, SUNDAY, AUGUST 1, 2004 NEWFOUNDLAND AND LABRADOR REGULATIONS 79/04 80/04 81/04 82/04 83/04

ST. JOHN'S, SUNDAY, AUGUST 1, 2004 3 NEWFOUNDLAND AND LABRADOR REGULATION 79/04 Proclamation bringing Act into force under Automobile Insurance (Amendment) Act, Insurance Companies (Amendment) Act and Highway Traffic (Amendment) Act (O.C. 2004-294) (Filed July 28, 2004) ELIZABETH THE SECOND, by the Grace of God of the United Kingdom, Canada and Her Other Realms and Territories QUEEN, Head of the Commonwealth, Defender of the Faith. EDWARD ROBERTS JOHN CUMMINGS Lieutenant Governor Deputy Minister of Justice TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING; A PROCLAMATION

WHEREAS in and by section25 of

An Act to Amend the Automobile Insurance Act, the Inusrance Companies Act and the Highway Traffic Act to Effect Certain Reforms Respecting Automobile Insurance, S.N.L. 2004 c.27 (the “Act”) it is provided that the Act shall come into force on a day to be fixed by Proclamation of Our Lieutenant Governor in Council; AND

WHEREAS it is deemed it expedient that the Act shall now come into force. NOW KNOW YE, THAT WE, by and with the advice of Our Executive Council of Our Province of Newfoundland and Labrador, do by this our Proclamation declare and direct that

An Act to Amend the Automobile Insurance Act, the Insurance Companies Act and the Highway Traffic Act to Effect Certain Reforms Respecting Automobile Insurance, S.N.L. 2004 c. 27, shall come into force on August 1, 2004. OF ALL WHICH OUR LOVING SUBJECTS AND A LL OTHERS whom these Presents may concern are hereby required to take notice and to govern themselves accordingly. IN TESTIMONY WHEREOF WE have caused these Our Letters to be made Patent and the Great Seal of Newfoundland and Labrador to be hereunto affixed. WITNESS: Our trusty and well-beloved the Honourable Edward Roberts, one of Her

ST. JOHN'S, SUNDAY, AUGUST 1, 2004 4 Majesty’s Counsel learned in the law, Lieutenant Governor in and for Our Province of Newfoundland and Labrador. AT OUR GOVERNMENT HOUSE in Our City of St. John's this 28th day of July, in the year of Our Lord two thousand and four and in the fifty- third year of Our Reign. BY COMMAND, JACK BYRNE Registrar General

The Newfoundland and Labrador Gazette 5 August 1, 2004 NEWFOUNDLAND AND LABRADOR REGULATION 80/04 Automobile Insurance Prohibited Underwriting Regulations under the Insurance Companies Act (O.C. 2004-297) (Filed July 28, 2004) Under the authority of paragraph 107(e.1) of the Insurance Com- panies Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, July 28, 2004. Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Prohibition: Refusal to provide insurance 4. Prohibition - risk classifica- tion system 5. Commencement 1. These regulations may be cited as Automobile Insurance Pro- hibited Underwriting Regulations. 2. In these regulations (a) "Act" means the Insurance Companies Act; and

Short title

Definitions

Automobile Insurance Prohibited Underwriting Regulations 80/04 The Newfoundland and Labrador Gazette 6 August 1, 2004 (b) "minister" means the minister appointed under the Executive Council Act to administer the Act. 3.

(1) For the purpose of subsection 96.1(2) of the Act, an insurer shall not decline to issue, terminate or refuse to renew a contract or refuse to provide or continue a coverage or endorsement on one or more of the following grounds: (

a) the insured, the applicant or another person who is or would be an insured under the contract (

i) had an accident in the past , or claimed in the past under a contract as a result of an accident, for which the in- sured, applicant or other person was not at fault, (ii) has enquired as to coverage under a contract or has ad- vised of an accident for which indemnity or coverage is provided for under a contract, and no payment was made to indemnify an insured or to an insured under the contract, (iii) failed to make a payment to an insurer or a payment was returned to the insurer dishonored, other than the first payment due on a contract, if the missed payment or dishonored payment was replaced within 30 days of the date on which it was originally due, (iv) has been declined insurance or refused a renewal of insurance by an insurer, (

v) has a lapse in coverage for a period of less than 24 months, unless the lapse resulted directly or indirectly from (

A) termination of a contract for failure to pay premi- ums due under a contract, (

B) termination of a contr act for failing to disclose a conviction or claim and the conviction or claim would likely have led to a higher premium being charged, or Prohibition: Re- fusal to provide insurance

Automobile Insurance Prohibited Underwriting Regulations 80/04 The Newfoundland and Labrador Gazette 7 August 1, 2004 (

C) suspension of the person’s drivers licence for an offence related to the use or operation of an auto- mobile, (vi) does not have another insurance policy of any kind with the insurer or its affiliates or that he or she refused to consider or purchase anothe r insurance policy from the insurer or its affiliates, or (vii) is or has been insured through the Facility Association; (

b) the age of the vehicle, exce pt that an inspection satisfactory to the insurer may be required once the vehicle is 8 years old, provided that the inspection requirements are set out in writing by the insurer and given to the applicant for a con- tract; and (

c) another ground approved by the minister.

(2) For the purpose of this section,

section 7 of the Corporations Act applies, with the necessary changes, to the determination of whether there is an affiliation between 2 or more insurers. 4.

(1) For the purpose of paragraph 96.2(3)(d), an insurer shall not use one or more of the following elem ents in its risk classification sys- tem: (

a) an accident or a claim resu lting from an accident for which the insured was not at fault; (

b) an inquiry by an insured as to coverage under a contract, or any advice of an accident by an insured for which indemnity or coverage is provided for under a contract, where no pay- ment was made to indemnify an insured or to an insured un- der a contract; (

c) failure by the insured to make a payment to an insurer, or a payment being returned to an insurer dishonored, other than the first payment due on a contract, if the missed payment or dishonored payment was replaced within 30 days of the date on which it was originally due; Prohibition - risk classification system

Automobile Insurance Prohibited Underwriting Regulations 80/04 The Newfoundland and Labrador Gazette 8 August 1, 2004 (

d) the insured was declined insurance or refused a renewal of insurance by an insurer; (

e) the insured has a lapse in coverage under a contract for a period of less than 24 months, unless the lapse resulted di- rectly or indirectly from (

i) termination of a contract for failure to pay premiums due under a contract, (ii) termination of a contract for failing to disclose a convic- tion or claim and the convic tion or claim would likely have led to a higher premium being charged, or (iii) suspension of the person’s drivers licence for an offence related to the use or operation of an automobile; and (

f) another element approved by the minister. 5. These regulations shall come into force on August 1, 2004. ©Earl G. Tucker, Queen's Printer Commencement

The Newfoundland and Labrador Gazette 9 August 1, 2004 NEWFOUNDLAND AND LABRADOR REGULATION 81/04 Automobile Insurance Regulations under the Automobile Insurance Act (O.C. 2004-296) (Filed July 28, 2004) Under the authority of paragraphs 60(1)(g.1) and (g.2) of the Automobile Insurance Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, July 28, 2004. Robert C. Thompson Clerk of the Executive Council REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Application 4. Net loss of income 5. Net loss of earning capacity 6. Deductible on non-pecuniary damage 1. These regulations may be cited as Automobile Insurance Regu- lations. 2. In these regulations, "Act means the Automobile Insurance Act. 3. These regulations apply to an action arising from the use or operation of an automobile on or after August 1, 2004.

Short title

Definitions Application

Automobile Insurance Regulations 81/04 The Newfoundland and Labrador Gazette 10 August 1, 2004 4. For the purpose of paragraph 26.4(1)(

a) of the Act, net loss of income means total income lost less the following: (

a) the premium otherwise payable on that income under the Employment Insurance Act (Canada); (

b) the contribution otherwise payable on that income under the Canada Pension Plan (Canada); and (

c) the income tax otherwise payable on that income under the Income Tax Act (Canada) and the Income Tax Act, 2000. 5. For the purpose of paragraph 26.4(1)(

b) of the Act, net loss of earning capacity means total loss of ear ning capacity or loss of future income less the following: (

a) the premium otherwise payable on that income under the Employment Insurance Act (Canada); (

b) the contribution otherwise payable on that income under the Canada Pension Plan (Canada); and (

c) the income tax otherwise payable on that income under the Income Tax Act (Canada) and the Income Tax Act, 2000. 6. For the purpose of

section 39.1 of the Act, the amount by which the damages to which a plaintiff is entitled in relation to each cause of action for non-pecuniary loss or damage shall be reduced is $2,500. ©Earl G. Tucker, Queen's Printer Net loss of income Net loss of earning capacity Deductible on non- pecuniary damage

The Newfoundland and Labrador Gazette 11 August 1, 2004 NEWFOUNDLAND AND LABRADOR REGULATION 82/04 Uninsured Automobile and Unidentified Automobile Coverage Regulations (Amendment) under the Automobile Insurance Act (O.C. 2004-295) (Filed July 28, 2004) Under the authority of subsection 33(4) of the Automobile Insur- ance Act , the Lieutenant-Governor in Council makes the following regulations. Dated at St. John’s, July 28, 2004. Robert C. Thompson Clerk of the Executive Council REGULATION Analysis 1. Sch Amdt. Limits and exclusions 2. Commencement 1. Subsection 3(1) of the

Schedule to the Uninsured Automobile and Unidentified Automobile Coverage Regulations is amended (

a) by striking out the word "and" at the end of paragraph (g); CNLR 985/96

Uninsured Automobile and Unidentified Automobile Coverage Regulations (Amendment) 82/04 The Newfoundland and Labrador Gazette 12 August 1, 2004 (

b) by striking out the period at the end of paragraph (

h) and substituting a semicolon and the word "or"; and (

c) by adding immediately afte r paragraph (

h) the following: (

i) for loss or damage that occurs while the insured automobile is being used or operated by an excluded driver. 2. These regulations come in to force on August 1, 2004. ©Earl G. Tucker, Queen's Printer Commencement

The Newfoundland and Labrador Gazette 13 August 1, 2004 NEWFOUNDLAND AND LABRADOR REGULATION 83/04 Insurance Premiums Interest Rates Regulations under the Automobile Insurance Act (July 28, 2004) Under the authority of subsection 6.3(2) of the Automobile Insur- ance Act, the minister makes the following regulations. Dated at St. John’s, July 28, 2004. Dianne Whalen Minister of Government Services REGULATIONS Analysis 1.

Short title 2.

Definitions 3. Application of rates 1. These regulations may be cited as Insurance Premiums Interest Rates Regulations. 2. Where an insured pays a premium required under an automobile insurance contact in equal monthly instalments, an insurer shall not charge a rate of interest exceeding (a) 3% of the total premium payable under the contract if the term of the contract is 12 months or more;

Short title

Definitions

Insurance Premiums Interest Rates Regulations 83/04 The Newfoundland and Labrador Gazette 14 August 1, 2004 (b) 1.5% of the total premium payable under the contract if the term of the contract is 6 months or more but less than 12 months; and (c) 0.5% of the total premium payable under the contract if the term of the contract is less than 6 months. 3. The interest rates set out in

section 2 apply to contracts of auto- mobile insurance renewed or entered into after August 1, 2004. ©Earl G. Tucker, Queen's Printer Application of rates

ST. JOHN'S, SUNDAY, AUGUST 1, 2004 15 Index

PART I A u t o m o b i l e I n s u r a n c e A c t — N o t i c e .................................................. 1

PART II CONTINUING INDEX OF SUBORDINATE LEGISLATION Title of Act and Subordinate Legislation CNR or Nfld. Gazette made thereunder Nfld. Reg. Amendment Date & Page No. Automobile Insurance (Amendment) Act, Insurance Companies (Amendment) Act, and Highway Traffic (Amendment) Act Proclamation bringing Act into force 79/04 new Extra. Aug. 01/03 p. 3 Insurance Companies Act Automobile Insurance Prohibited 80/04 new Extra. Aug. Underwriting Regulations 01/04 p. 5 Automobile Insurance Act Automobile Insurance Regulations 81/04 new Extra. Aug. 01/04 p. 9 Uninsured Automobile and Unidentified 82/04 Amends Extra. Aug.

Automobile Coverage Regulations CNLR 985/96 01/04 (Amendment) Sch. Amdt. p. 11 Insurance Premiums Interest 83/04 new Extra. Aug. Rates Regulations 01/04 p. 13

Document details

Collection	Newfoundland and Labrador — Gazette
Citation	NLG 2004-08-01
Type	gazette
Volume / chapter	printer gazette extraordinary issues 2004 2004 08 01
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	f49824cad0a3c2a06a5a6d8f8b7bbbc323761235

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