PART VI AUTOMOBILE INSURANCE
Interpretation, Part VI
224 (1) In this Part, “automobile” includes, (a)  a motor vehicle required under any Act to be insured under a motor vehicle liability policy, and (b)  a vehicle prescribed by regulation to be an automobile; (“automobile”) “contract” means a contract of automobile insurance that, (a)  is undertaken by an insurer that is licensed to undertake automobile insurance in Ontario, or (b)  is evidenced by a policy issued in another province or territory of Canada, the United States of America or a jurisdiction designated in the Statutory Accident Benefits Schedule by an insurer that has filed an undertaking under section 226.1; (“contrat”) “excluded driver” means a person named as an excluded driver in an endorsement under section 249; (“conducteur exclu”) “fault determination rules” means the rules prescribed under paragraph 21 of subsection 121 (1); (“règles de détermination de la responsabilité”) “health care” includes all goods and services for which payment is provided by the medical, rehabilitation and attendant care benefits provided for in the Statutory Accident Benefits Schedule; (“soins de santé”) “insured” means a person insured by a contract whether named or not and includes every person who is entitled to statutory accident benefits under the contract whether or not described therein as an insured person; (“assuré”) “listed expenses” means, in connection with statutory accident benefits, the amounts payable that, under section 288.1, are listed expenses;  (“frais désignés”) “occupant”, in respect of an automobile, means, (a)  the driver, (b)  a passenger, whether being carried in or on the automobile, (c)  a person getting into or on or getting out of or off the automobile; (“personne transportée”) “public transit” means, (a)  any service for which a fare is charged for transporting the public by automobiles operated by or on behalf of a municipality or a local board as defined in the Municipal Affairs Act, or under an agreement between a municipality and a person, firm or corporation, but does not include special transportation facilities for persons with disabilities or transportation by special purpose facilities such as school buses or ambulances, and (b)  any service prescribed by regulation to be public transit, in the circumstances and subject to the terms, conditions, provisions, exclusions and limits prescribed by the regulation, but does not include any service prescribed by regulation not to be public transit, in the circumstances and subject to the terms, conditions, provisions, exclusions and limits prescribed by the regulation; (“transport en commun”) “public transit vehicle” means an automobile while being used for public transit; (“véhicule de transport en commun”) “service provider’s licence” means a licence issued under section 288.5;  (“permis de fournisseur de services”) “spouse” means either of two persons who, (a)  are married to each other, (b)  have together entered into a marriage that is voidable or void, in good faith on the part of the person asserting a right under this Act, or (c)  have lived together in a conjugal relationship outside marriage, (i)  continuously for a period of not less than three years, or (ii)  in a relationship of some permanence, if they are the parents of a child; (“conjoint”) “statutory accident benefits” means the benefits set out in the regulations made under paragraphs 9 and 10 of subsection 121 (1); (“indemnités d’accident légales”) “Statutory Accident Benefits Schedule” means the regulations made under paragraphs 9 and 10 of subsection 121 (1). (“Annexe sur les indemnités d’accident légales”) R.S.O. 1990, c. I.8, s. 224 (1); 1993, c. 10, s. 1; 1996, c. 21, s. 15; 1999, c. 6, s. 31 (4); 2002, c. 22, s. 115; 2005, c. 5, s. 35 (5-8); 2011, c. 9, Sched. 21, s. 2; 2013, c. 2, Sched. 8, s. 12; 2016, c. 23, s. 55 (1). (2)-(5) Repealed: 2020, c. 34, Sched. 7, s. 6 (1). Additional benefits (6) An insurer, with the approval of the Chief Executive Officer, may offer optional benefits in excess of the benefits that must be provided under the Statutory Accident Benefits Schedule. R.S.O. 1990, c. I.8, s. 224 (6); 1993, c. 10, s. 1; 1997, c. 28, s. 109; 2018, c. 8, Sched. 13, s. 22. Idem (7) Optional benefits offered under subsection (6) shall be deemed to be statutory accident benefits and the Statutory Accident Benefits Schedule applies to them with necessary modifications. R.S.O. 1990, c. I.8, s. 224 (7); 1993, c. 10, s. 1. Transition (8) The following provisions, as they read immediately before the day section 8 of Schedule 7 to the Better for People, Smarter for Business Act, 2020 came into force, continue to apply to proceedings commenced before that day: 1.  Section 266. 2.  Section 267. 3.  Section 267.1. 4.  Subsection 267.5 (1). 2020, c. 34, Sched. 7, s. 6 (2). Same (9) Sections 266 to 267.1, as they read immediately before the day section 8 of Schedule 7 to the Better for People, Smarter for Business Act, 2020 came into force, continue to apply to new proceedings for loss or damage from bodily injury or death arising from the use or operation, before November 1, 1996, of an automobile in Canada, the United States of America or a jurisdiction designated in the Statutory Accident Benefits Schedule, during the applicable periods as provided for in those sections. 2020, c. 34, Sched. 7, s. 6 (2). Section Amendments with date in force (d/m/y) 1993, c. 10, s. 1 - 01/01/1994; 1996, c. 21, s. 15 - 01/11/1996; 1997, c. 28, s. 109 - 01/07/1998; 1999, c. 6, s. 31 (4) - 01/03/2000 2002, c. 22, s. 115 - 01/10/2003 2005, c. 5, s. 35 (5-8) - 09/03/2005 2011, c. 9, Sched. 21, s. 2 - 12/05/2011 2013, c. 2, Sched. 8, s. 12 - 01/06/2014 2016, c. 23, s. 55 (1)
- 01/01/2017 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 2020, c. 34, Sched. 7, s. 6 (1, 2) - 01/07/2022