hordruma/ontario_laws_and_regs huggingface dataset:
PART IV FIRE INSURANCE
Minors
220 (1) If an insurer admits liability for insurance money payable to a minor, and there is no person capable of giving and authorized to give a valid discharge for the insurance money who is willing to do so, the insurer shall, within 30 days after receiving the evidence referred to in section 203, pay the money and any applicable interest into court to the credit of the minor.  2012, c. 8, Sched. 23, s. 31. (2) Repealed: 2012, c. 8, Sched. 23, s. 31. Procedure (3) No order is necessary for payment into court under subsection (1), but the accountant or other proper officer shall receive the money upon the insurer filing with him or her an affidavit showing the amount payable and the name, date of birth and residence of the minor, and, upon such payment being made, the insurer shall forthwith notify the Children’s Lawyer and deliver to him or her a copy of the affidavit.  R.S.O. 1990, c. I.8, s. 220 (3); 1994, c. 27, s. 43 (2). Authorized payments (4) An insurer may, despite subsection (1), pay insurance money and applicable interest payable to a minor to, (a)  the guardian of the property of the minor, appointed under section 47 of the Children’s Law Reform Act; or (b)  a person referred to in subsection 51 (1) of the Children’s Law Reform Act, if the payment does not exceed the amount set out in that subsection.  1993, c. 10, s. 13 (2). Section Amendments with date in force (d/m/y) 1993, c. 10, s. 13 (1, 2) - 01/01/1994; 1994, c. 27, s. 43 (2) - 03/04/1995 2012, c. 8, Sched. 23, s. 31 - 01/07/2016
PART IV FIRE INSURANCE
Beneficiary under legal incapacity
221 Despite section 220, where it appears to an insurer that a representative of a beneficiary who is a minor or is otherwise under a legal incapacity may accept payments on behalf of the beneficiary under the law of the jurisdiction in which the beneficiary resides, the insurer may make payment to the representative, and the payment discharges the insurer to the extent of the amount paid.  2012, c. 8, Sched. 23, s. 32. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 32 - 01/07/2016 Miscellaneous Provisions
PART IV FIRE INSURANCE
Presumption against agency
222 An officer, agent or employee of an insurer, or a person soliciting insurance, whether or not an agent of the insurer, shall not be considered to be the agent of the insured, person whose life is insured, group life insured or debtor insured, to that person’s prejudice, in respect of any question arising out of a contract.  2012, c. 8, Sched. 23, s. 32. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 32 - 01/07/2016
PART VI AUTOMOBILE INSURANCE
Exception re insured
225 Except as provided in the Statutory Accident Benefits Schedule, the insured under a contract shall be deemed not to include any person who sustains loss or damage while any automobile insured under the contract is being used or operated by an excluded driver.  R.S.O. 1990, c. I.8, s. 225; 1993, c. 10, s. 1. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 1 - 01/01/1994
PART VI AUTOMOBILE INSURANCE
Application of Part
226 (1) This Part does not apply to contracts insuring only against, (a)  loss of or damage to an automobile while in or on described premises; (b)  loss of or damage to property carried in or upon an automobile; or (c)  liability for loss of or damage to property carried in or upon an automobile. Idem (2) This Part does not apply to a contract providing insurance in respect of an automobile not required to be registered under the Highway Traffic Act unless it is insured under a contract evidenced by a form of policy approved under this Part. Idem (3) This Part does not apply to a contract insuring solely the interest of a person who has a lien upon, or has as security legal title to, an automobile and who does not have possession of the automobile.  R.S.O. 1990, c. I.8, s. 226.
PART VI AUTOMOBILE INSURANCE
Out-of-province insurers
226.1 An insurer that issues motor vehicle liability policies in another province or territory of Canada, the United States of America or a jurisdiction designated in the Statutory Accident Benefits Schedule may file an undertaking with the Chief Executive Officer, in the form provided by the Chief Executive Officer, providing that the insurer’s motor vehicle liability policies will provide at least the coverage described in sections 251, 265 and 268 when the insured automobiles are operated in Ontario.  1996, c. 21, s. 16; 1997, c. 28, s. 110; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 16 - 01/11/1996; 1997, c. 28, s. 110 - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 Approval of Forms
PART VI AUTOMOBILE INSURANCE
Information for applicants, etc.
229 (1) An insurer or broker shall supply at such times as may be prescribed by the Authority rules such information as may be prescribed by the Authority rules to applicants for automobile insurance and to named insureds under contracts.  R.S.O. 1990, c. I.8, s. 229 (1); 1993, c. 10, s. 15 (1); 2017, c. 34, Sched. 21, s. 17. Information deemed to be part of application (2) Information supplied under subsection (1) by an insurer or by a broker on behalf of an insurer to an applicant for automobile insurance shall be deemed to be a part of the application.  R.S.O. 1990, c. I.8, s. 229 (2); 1993, c. 10, s. 15 (2). Section Amendments with date in force (d/m/y) 1993, c. 10, s. 15 (1, 2) - 01/01/1994 2017, c. 34, Sched. 21, s. 17 - 08/06/2019 CTS 04 SE 18 - 1
PART VI AUTOMOBILE INSURANCE
Information from brokers
230 (1) A broker shall provide to an applicant for insurance the names of all the insurers with whom the broker has an agency contract relating to automobile insurance and all information obtained by the broker relating to quotations on automobile insurance for the applicant.  1996, c. 21, s. 18. Information from agents (2) An agent shall inform an applicant for automobile insurance of the insurer or the insurers within an affiliated group of insurers that the agent represents.  2002, c. 22, s. 116. Request for written information (3) The broker or agent shall provide the information referred to in subsection (1) or (2) in writing if the applicant so requests.  2002, c. 22, s. 116. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 18 - 01/11/1996 2002, c. 22, s. 116 - 01/10/2003 Application and Policy
PART VI AUTOMOBILE INSURANCE
Persons forbidden to act as agent
231 No person carrying on the business of financing the sale or purchase of automobiles and no automobile dealer, insurance agent or broker and no officer or employee of such a person, dealer, agent or broker shall act as the agent of an applicant for the purpose of signing an application for automobile insurance.  R.S.O. 1990, c. I.8, s. 231. Policy, formal requirements
PART VI AUTOMOBILE INSURANCE
Misrepresentation or violation of conditions renders claim invalid
233 (1) Where, (a)  an applicant for a contract, (i)  gives false particulars of the described automobile to be insured to the prejudice of the insurer, or (ii)  knowingly misrepresents or fails to disclose in the application any fact required to be stated therein; (b)  the insured contravenes a term of the contract or commits a fraud; or (c)  the insured wilfully makes a false statement in respect of a claim under the contract, a claim by the insured is invalid and the right of the insured to recover indemnity is forfeited.  R.S.O. 1990, c. I.8, s. 233 (1). Statutory accident benefits protected (2) Subsection (1) does not invalidate such statutory accident benefits as are set out in the Statutory Accident Benefits Schedule.  R.S.O. 1990, c. I.8, s. 233 (2); 1993, c. 10, s. 1. Use of application as defence (3) No statement of the applicant shall be used in defence of a claim under the contract unless it is contained in the signed written application therefor or, where no signed written application is made, in the purported application, or part thereof, that is embodied in, endorsed upon or attached to the policy. Idem (4) No statement contained in a purported copy of the application, or part thereof, other than a statement describing the risk and the extent of the insurance, shall be used in defence of a claim under the contract unless the insurer proves that the applicant made the statement attributed to the applicant in the purported application, or part thereof.  R.S.O. 1990, c. I.8, s. 233 (3, 4). Section Amendments with date in force (d/m/y) 1993, c. 10, s. 1 - 01/01/1994
PART VI AUTOMOBILE INSURANCE
Statutory conditions
234 (1) The conditions prescribed by the regulations made under paragraph 15.1 of subsection 121 (1) are statutory conditions and shall be deemed to be part of every contract to which they apply and shall be printed in English or French in every policy to which they apply with the heading “Statutory Conditions” or “Conditions légales”, as may be appropriate. Variation (2) No variation or omission of or addition to a statutory condition is binding on the insured. Exceptions (3) Except as otherwise provided in the contract, the statutory conditions referred to in subsection (1) do not apply to the insurance required by section 265 or 268. Definition (4) In subsection (1), “policy” does not include an interim receipt or binder.  1993, c. 10, s. 17. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 17 - 01/01/1994
PART VI AUTOMOBILE INSURANCE
Notice of termination
235 An insurer may, by registered mail, personal delivery, prepaid courier or electronic means, give to an insured a notice of termination of a contract in accordance with the statutory conditions referred to in subsection 234 (1). 2020, c. 36, Sched. 22, s. 6. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 18 - 01/01/1994 2020, c. 36, Sched. 22, s. 6 - 01/01/2022
PART VI AUTOMOBILE INSURANCE
Notice of expiry or variation
236 (1) If an insurer does not intend to renew a contract or if an insurer proposes to renew a contract on varied terms, the insurer shall, (a)  give the named insured not less than thirty days notice in writing of the insurer’s intention or proposal; or (b)  give the broker, if any, through whom the contract was placed forty-five days notice in writing of the insurer’s intention or proposal.  R.S.O. 1990, c. I.8, s. 236 (1). Idem (2) Subject to subsection (4), a broker to whom an insurer has given notice under clause (1) (b) shall give the named insured under the contract not less than thirty days notice in writing of the insurer’s intention or proposal.  R.S.O. 1990, c. I.8, s. 236 (2). Reasons (3) Notices given under subsections (1) and (2) shall set out the reasons for the insurer’s intention or proposal.  R.S.O. 1990, c. I.8, s. 236 (3). Exception (4) Where, before a broker is required to have given notice to a named insured under subsection (2), the broker places with another insurer a replacement contract containing substantially similar terms as the expiring contract, the broker is exempted from giving notice under subsection (2).  R.S.O. 1990, c. I.8, s. 236 (4). Effect of failure to comply (5) A contract of insurance is in force until there is compliance with subsections (1), (2) and (3).  R.S.O. 1990, c. I.8, s. 236 (5). Exception (6) This section does not apply to prescribed types of contracts in prescribed circumstances.  2002, c. 22, s. 117. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 236 (6) of the Act is repealed and the following substituted: (See: 2017, c. 34, Sched. 21, s. 18) Exception (6) This section does not apply to types of contracts prescribed by the Authority rules in the circumstances prescribed by the Authority rules. 2017, c. 34, Sched. 21, s. 18. Section Amendments with date in force (d/m/y) 2002, c. 22, s. 117 - 01/10/2003 2017, c. 34, Sched. 21, s. 18 - not in force CTS 04 SE 18 - 1
PART VI AUTOMOBILE INSURANCE
Limitation on termination
237 (1) If so required by the regulations and unless the insurer has complied therewith, an insurer shall not decline to issue or terminate or refuse to renew a contract in respect of such coverages and endorsements as may be set out in the regulations or decline to issue, terminate or refuse to renew any contract or refuse to provide or continue any coverage or endorsement on any ground set out in the regulations.  R.S.O. 1990, c. I.8, s. 237 (1). Information (2) The Chief Executive Officer may require insurers, agents and brokers to provide such information, material and evidence as the Chief Executive Officer considers necessary to determine compliance with subsection (1).  R.S.O. 1990, c. I.8, s. 237 (2); 1997, c. 28, s. 111; 2018, c. 8, Sched. 13, s. 22. Exemption (3) An insurer may apply to the Chief Executive Officer for an exemption from subsection (1).  R.S.O. 1990, c. I.8, s. 237 (3); 1997, c. 28, s. 111; 2018, c. 8, Sched. 13, s. 22. Idem (4) An application for an exemption from compliance with subsection (1) shall be in a form approved by the Chief Executive Officer and shall be filed together with such information, materials and evidence as the Chief Executive Officer considers necessary.  R.S.O. 1990, c. I.8, s. 237 (4); 1997, c. 28, s. 111; 2018, c. 8, Sched. 13, s. 22. Idem (5) The Chief Executive Officer may exempt an insurer in whole or in part from compliance with subsection (1) if, in the opinion of the Chief Executive Officer, compliance with the regulations would impair the solvency of the insurer or would cause the insurer to be in contravention of this Act or the regulations.  R.S.O. 1990, c. I.8, s. 237 (5); 1997, c. 28, s. 111; 2018, c. 8, Sched. 13, s. 22. Non-application (6) Subsection (1) does not apply in respect of a contract if any payment in respect of premiums payable under the contract or under any ancillary agreement is overdue or if, (a)  the insured has given false particulars of the described automobile to the prejudice of the insurer; (b)  the insured has knowingly misrepresented or failed to disclose in an application for insurance any fact required to be stated therein.  R.S.O. 1990, c. I.8, s. 237 (6). Section Amendments with date in force (d/m/y) 1997, c. 28, s. 111 - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART VI AUTOMOBILE INSURANCE
Affiliated automobile insurers, concurrent filing
238.1 (1) The Chief Executive Officer may require that affiliated insurers who write automobile insurance in Ontario file their grounds under section 238 concurrently.  2010, c. 26, Sched. 9, s. 2; 2018, c. 8, Sched. 13, s. 22. Insurer’s application, consideration of affiliate’s grounds (2) The Chief Executive Officer may consider the grounds filed by the affiliates of an insurer when deciding on the grounds filed by the insurer.  2010, c. 26, Sched. 9, s. 2; 2018, c. 8, Sched. 13, s. 22. Interpretation (3) For the purpose of this section, an insurer is considered to be affiliated with another insurer if one of them is the subsidiary of the other or both are subsidiaries of the same body corporate or each of them is controlled by the same person.  2010, c. 26, Sched. 9, s. 2. Section Amendments with date in force (d/m/y) 2010, c. 26, Sched. 9, s. 2 - 08/12/2010 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 Motor Vehicle Liability Policies Policy coverage
PART VI AUTOMOBILE INSURANCE
Coverage of owner’s policy, specific automobile
239 (1) Subject to section 240, every contract evidenced by an owner’s policy insures the person named therein, and every other person who with the named person’s consent drives, or is an occupant of, an automobile owned by the insured named in the contract and within the description or definition thereof in the contract, against liability imposed by law upon the insured named in the contract or that other person for loss or damage, (a)  arising from the ownership or directly or indirectly from the use or operation of any such automobile; and (b)  resulting from bodily injury to or the death of any person and damage to property.  R.S.O. 1990, c. I.8, s. 239 (1). Saving, statutory accident benefits (2) A lack of consent does not invalidate such statutory accident benefits as are set out in the Statutory Accident Benefits Schedule.  R.S.O. 1990, c. I.8, s. 239 (2); 1993, c. 10, s. 1. Coverage of owner’s policy, other automobiles (3) Where the contract evidenced by an owner’s policy also provides insurance against liability in respect of an automobile not owned by the insured named in the contract, an insurer may stipulate in the contract that the insurance is restricted to such persons as are specified in the contract.  R.S.O. 1990, c. I.8, s. 239 (3). Death of person named in owner’s policy (4) Where the insured named in an owner’s policy dies, the following persons shall be deemed to be the insured under the policy: 1.  The spouse of the deceased insured. 2.  In respect of the described automobile, a newly-acquired automobile that was acquired by the deceased insured prior to his or her death and a temporary substitute automobile, all as defined by the policy, i.  any person having proper temporary custody thereof until grant of probate or administration to the personal representative of the deceased insured, ii.  the personal representative of the deceased insured.  R.S.O. 1990, c. I.8, s. 239 (4); 1999, c. 6, s. 31 (5); 2005, c. 5, s. 35 (9). Section Amendments with date in force (d/m/y) 1993, c. 10, s. 1 - 01/01/1994; 1999, c. 6, s. 31 (5) - 01/03/2000 2005, c. 5, s. 35 (9) - 09/03/2005
PART VI AUTOMOBILE INSURANCE
Insurer not liable re excluded driver
240 If a contract evidenced by a motor vehicle liability policy names an excluded driver, the insurer is not liable to any person under the contract or under this Act or the regulations for any loss or damage that occurs while the excluded driver is driving an automobile insured under the contract, except as provided in the Statutory Accident Benefits Schedule.  R.S.O. 1990, c. I.8, s. 240; 1993, c. 10, s. 1. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 1 - 01/01/1994
PART VI AUTOMOBILE INSURANCE
Coverage of non-owner’s policy
241 Every contract evidenced by a non-owner’s policy insures the person named therein and such other person, if any, as is specified in the policy against liability imposed by law upon the insured named in the contract or that other person for loss or damage, (a)  arising directly or indirectly from the use or operation of an automobile within the definition thereof in the policy, other than an automobile owned by him, her or it or registered in his, her or its name; and (b)  resulting from bodily injury to or the death of any person, and damage to property.  R.S.O. 1990, c. I.8, s. 241.
PART VI AUTOMOBILE INSURANCE
Territorial limits
243 (1) Insurance under sections 239 and 241 applies to the ownership, use or operation of the insured automobile in Canada, the United States of America and any other jurisdiction designated in the Statutory Accident Benefits Schedule, and on a vessel plying between ports of Canada, the United States of America or a designated jurisdiction.  1996, c. 21, s. 20. Same (1.1) Payment provided for under subsection 265 (1) applies to loss or damage resulting from an accident involving an uninsured or unidentified automobile in Canada, the United States of America and any other jurisdiction designated in the Statutory Accident Benefits Schedule, and on a vessel plying between ports of Canada, the United States of America or a designated jurisdiction.  2002, c. 22, s. 118. Same (2) Statutory accident benefits provided under section 268 apply to the use or operation of any automobile in Canada, the United States of America and any other jurisdiction designated in the Statutory Accident Benefits Schedule, and on a vessel plying between ports of Canada, the United States of America or a designated jurisdiction.  1996, c. 21, s. 20. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 20 - 01/11/1996 2002, c. 22, s. 118 - 01/10/2003
PART VI AUTOMOBILE INSURANCE
Rights of unnamed insured
244 Any person insured by but not named in a contract to which section 239 or 241 applies may recover indemnity in the same manner and to the same extent as if named therein as the insured, and for that purpose shall be deemed to be a party to the contract and to have given consideration therefor.  R.S.O. 1990, c. I.8, s. 244.
PART VI AUTOMOBILE INSURANCE
Additional agreements
245 Every contract evidenced by a motor vehicle liability policy shall provide that, where a person insured by the contract is involved in an accident resulting from the ownership, or directly or indirectly from the use or operation of an automobile in respect of which insurance is provided under the contract and resulting in loss or damage to persons or property, the insurer shall, (a)  upon receipt of notice of loss or damage caused to persons or property, make such investigations, conduct such negotiations with the claimant and effect such settlement of any resulting claims as are deemed expedient by the insurer; (b)  defend in the name and on behalf of the insured and at the cost of the insurer any civil action that is at any time brought against the insured on account of loss or damage to persons or property; (c)  pay all costs assessed against the insured in any civil action defended by the insurer and any interest accruing after entry of judgment upon that part of the judgment that is within the limits of the insurer’s liability; and (d)  where the injury is to a person, reimburse the insured for outlay for such medical aid as is immediately necessary at the time.  R.S.O. 1990, c. I.8, s. 245.
PART VI AUTOMOBILE INSURANCE
Other liability, possible exclusions
247 The insurer may provide under a contract evidenced by a motor vehicle liability policy, in either or both of the following cases, that it shall not be liable, (a)  to indemnify any person engaged in the business of selling, repairing, maintaining, servicing, storing or parking automobiles for any loss or damage sustained while engaged in the use or operation of or while working upon the automobile in the course of that business unless the person is the owner of the automobile or is an employee of the owner of the automobile; (b)  for loss of or damage to property carried in or upon the automobile or to any property owned or rented by or in the care, custody or control of the insured.  R.S.O. 1990, c. I.8, s. 247.
PART VI AUTOMOBILE INSURANCE
Liability for damage caused by machinery, etc.
248 Subject to the limitations and exclusions of the endorsement, the insurer may provide by endorsement to a contract evidenced by a motor vehicle liability policy that it shall not be liable for loss or damage resulting from the ownership, use or operation of any machinery or apparatus, including its equipment, mounted on or attached to the automobile while such automobile is at the site of the use or operation of that machinery or apparatus.  R.S.O. 1990, c. I.8, s. 248.