O. Reg. 36/10: AUTOMOBILE INSURANCE

 

ontario regulation 36/10

made under the

Insurance Act

Made: February 24, 2010
Filed: February 26, 2010
Published on e-Laws: March 2, 2010
Printed in The Ontario Gazette: March 13, 2010

Amending Reg. 664 of R.R.O. 1990

(Automobile Insurance)

1. Regulation 664 of the Revised Regulations of Ontario, 1990 is amended by adding the following section:

Added Coverage to Offset Tort Deductibles Endorsement

5.1 (1) If requested by an insured in respect of a contract of automobile insurance, the insurer shall offer the “Added Coverage to Offset Tort Deductibles” endorsement, as approved by the Superintendent under section 227 of the Act.

(2) Benefits provided by the endorsement referred to in subsection (1) are deemed not to be statutory accident benefits for the purpose of Part VI of the Act.

2. Subsection 12 (2) of the Regulation is amended by adding the following paragraph:

7. Whether the insured person refused or failed to submit to an examination as required under section 44 of Ontario Regulation 34/10 (Statutory Accident Benefits Schedule — Effective September 1, 2010), made under the Act, or refused or failed to provide any material required to be provided under subsection 44 (9) of that regulation.

3. Subsection 14.1 (2) of the Regulation is revoked and the following substituted:

(2) Insurers shall use the following elements in their risk classification systems in classifying risks for damage to an automobile or its contents or loss of its use:

1. For contracts issued or renewed on or after April 15, 2004 and before September 1, 2010, $300 as the amount of the reduction referred to in clause 263 (5.1) (b) of the Act, unless the contract provides for a different amount.

2. For contracts issued or renewed on or after September 1, 2010, $500 as the amount of the reduction referred to in clause 263 (5.1) (b) of the Act, unless the contract provides for a different amount.

4. Subsection 16 (2) of the Regulation is revoked and the following substituted:

(2) No element of a risk classification system shall use past claims arising out of accidents occurring on or after September 1, 2010 for which an insured person was 25 per cent or less at fault. 

5. Table 1 of the Regulation is revoked.

6. Section 5 of the Schedule to the Regulation is amended by adding the following subsection:

(6) Despite subsection (5), the maximum amount that may be awarded in respect of expenses paid by or on behalf of the insured person or the insurer to an accountant licensed under the Public Accounting Act, 2004, or comparable legislation of the jurisdiction in which the accountant practises, for the preparation of a report in connection with a claim for income replacement benefits is $2,500. 

7. (1) Clause 7 (a) of the Schedule to the Regulation is amended by adding at the end “or under section 44 of Ontario Regulation 34/10 (Statutory Accident Benefits Schedule  —  Effective September 1, 2010) made under the Act”.

(2) Clause 7 (b) of the Schedule to the Regulation is revoked and the following substituted:

(b) refused or failed to provide any material relating to the claim that was required to be provided by subsection 42 (10) of Ontario Regulation 403/96 (Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996), made under the Act, or by subsection 44 (9) of Ontario Regulation 34/10 (Statutory Accident Benefits Schedule — Effective September 1, 2010), made under the Act.

8. This Regulation comes into force on the later of September 1, 2010 and the day it is filed.