O. Reg. 314/05: Statutory Accident Benefits Schedule - Accidents on or after November 1, 1996

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ontario regulation 314/05

made under the

Insurance Act

Made: June 1, 2005
 Filed: June 13, 2005
Printed in The Ontario Gazette: July 2, 2005

Amending O. Reg. 403/96

(Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996)

1. (1) Clause (a) of the definition of “insured person” in subsection 2 (1) of Ontario Regulation 403/96 is revoked and the following substituted:

(a) the named insured, any person specified in the policy as a driver of the insured automobile, the spouse of the named insured and any dependant of the named insured or spouse, if the named insured, specified driver, spouse or dependant,

(i) is involved in an accident in or outside Ontario that involves the insured automobile or another automobile, or

(ii) is not involved in an accident but suffers psychological or mental injury as a result of an accident in or outside Ontario that results in a physical injury to his or her spouse, child, grandchild, parent, grandparent, brother, sister, dependant or spouse’s dependant,

(2) The definition of “same-sex partner” in subsection 2 (1) of the Regulation is revoked.

(3) Subsection 2 (6) of the Regulation is amended by striking out “or same-sex partner” at the end.

2. Paragraph 1 of subsection 21 (1) of the Regulation is amended by striking out “same-sex partner”.

3. (1) Paragraph 1 of subsection 25 (2) of the Regulation is amended by striking out “or same-sex partner” in the portion before subparagraph i.

(2) Paragraphs 3 and 4 of subsection 25 (2) of the Regulation are amended by striking out “or same-sex partner” wherever it appears.

(3) Subparagraph 5 ii of subsection 25 (2) of the Regulation is revoked and the following substituted:

ii. the spouse of a person in respect of whom the insured person was a dependant at the time of the accident, if the spouse was the insured person’s primary caregiver at the time of the accident and the person in respect of whom the insured person was a dependant at the time of the accident dies before the insured person or within 30 days after the insured person, or

(4) Subsection 25 (4) of the Regulation is amended by striking out “or same-sex partner”.

(5) Subsection 25 (6) of the Regulation is revoked and the following substituted:

(6) In this section,

“spouse” means a person who was, at the time of the accident,

(a) a spouse, or

(b) if the accident occurred before the definition of “same-sex partner” in Part VI of the Act was repealed, a same-sex partner within the meaning of that Part as it read on January 1, 2004.

4. Clauses 27 (2) (b) and (c) of the Regulation are revoked and the following substituted:

(b) the spouse of the named insured;

(c) the dependants of the named insured and of the named insured’s spouse; and

5. Clauses 38.3 (2) (a) and (c) of the Regulation are amended by striking out “or same-sex partner” wherever it appears.

6. (1) Subclause 57 (4) (d) (ii) of the Regulation is revoked and the following substituted:

(ii) the named insured, a person specified in the policy as a driver of the insured automobile, the spouse of the named insured or a dependant of the named insured or spouse, while the occupant of any automobile,

(2) Subclauses 57 (4) (d) (iv) and (v) of the Regulation are revoked and the following substituted:

(iv) the named insured, his or her spouse or a dependant of the named insured or  spouse and was struck by any automobile,

(v) if the named insured is a corporation, unincorporated association, partnership or sole proprietorship, a person for whose regular use the insured automobile was supplied, his or her spouse or a dependant of the person or spouse who suffered an impairment,

(A) while the occupant of any automobile,

(B) by any automobile while not the occupant of the automobile, or

7. Clause 66 (2) (b) of the Regulation is revoked and the following substituted:

(b) the individual, his or her spouse or any dependant of the individual or spouse is an occupant of the insured automobile.

 

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