PART XV RATES AND RATING BUREAUS
Approval of expedited applications, s. 410
411 (1) An applicant under section 410 may choose to have this section apply to the application if the application meets the following criteria: 1.  The average of the proposed rates for each coverage and category of automobile insurance does not exceed the average of the existing rates by more than a percentage prescribed by the regulations for that class of applicant, coverage and category, and the proposed rates meet such other criteria as are prescribed by the regulations for the purposes of this section. 2.  The proposed risk classification system for each coverage and category of automobile insurance does not contain elements prescribed by the regulations for the purposes of this section.  1996, c. 21, s. 44. Deemed approval after 30 days (2) An application to which this section applies shall be deemed to have been approved by the Chief Executive Officer 30 days after it is filed, unless the Chief Executive Officer within that 30-day period advises the applicant orally or otherwise that the Chief Executive Officer has not approved the application.  1996, c. 21, s. 44; 1997, c. 28, s. 125; 2018, c. 8, Sched. 13, s. 22. Earlier approval (3) The Chief Executive Officer may approve the application before the expiry of the 30-day period.  1996, c. 21, s. 44; 1997, c. 28, s. 125; 2018, c. 8, Sched. 13, s. 22. Notice of failure to approve (4) If the Chief Executive Officer notifies an insurer orally that he or she has not approved the application, the Chief Executive Officer shall promptly mail a written notice to the applicant confirming that fact.  1996, c. 21, s. 44; 1997, c. 28, s. 125; 2018, c. 8, Sched. 13, s. 22. Effect of notice (5) If the Chief Executive Officer notifies the insurer that he or she has not approved the application, the insurer may, (a)  submit a new application to the Chief Executive Officer; or (b)  resubmit the same application to the Chief Executive Officer, in which case section 412 applies to the application and this section does not apply.  1996, c. 21, s. 44; 1997, c. 28, s. 125; 2018, c. 8, Sched. 13, s. 22. Note: On a day to be named by proclamation of the Lieutenant Governor, section 411 of the Act is repealed and the following substituted: (See: 2017, c. 34, Sched. 21, s. 31) Reconsideration by Superintendent 411 (1) The Superintendent may notify an insurer that the Superintendent intends to make an order with respect to the risk classification system or rate for a coverage or category of automobile insurance of the insurer if, in the Superintendent’s opinion, having considered the criteria set out in the Authority rules, the current risk classification system or current rate is not just and reasonable in the circumstances. 2017, c. 34, Sched. 21, s. 31. Written submissions (2) The Superintendent shall give the insurer an opportunity to make written submissions with respect to the matter. 2017, c. 34, Sched. 21, s. 31. Orders (3) After considering the written submissions, if any, the Superintendent may make the order described in the notice or may make a revised order. 2017, c. 34, Sched. 21, s. 31. Order final (4) An order of the Superintendent under subsection (3) is final for all purposes. 2017, c. 34, Sched. 21, s. 31. Definition (5) In this section, “insurer” includes the Facility Association. 2017, c. 34, Sched. 21, s. 31. Note: On a day to be named by proclamation of the Lieutenant Governor, section 411 of the Act, as re-enacted by section 31 of Schedule 21 to the Stronger, Fairer Ontario Act (Budget Measures), 2017, is amended by striking out “Superintendent” wherever it appears and substituting in each case “Chief Executive Officer”. (See: 2018, c. 8, Sched. 13, s. 13) Section Amendments with date in force (d/m/y) 1996, c. 21, s. 44 - 01/11/1996; 1997, c. 28, s. 125 - 01/07/1998 2017, c. 34, Sched. 21, s. 31 - not in force 2018, c. 8, Sched. 13, s. 13 - not in force; CTS 04 SE 18 - 1; 2018, c. 8, Sched. 13, s. 22 - 08/06/2019