PART XV RATES AND RATING BUREAUS
Exemptions from approval process
413 (1) The Chief Executive Officer may exempt insurers, other than the Facility Association, from making an application under section 410 in respect of designated categories or coverages of automobile insurance.  R.S.O. 1990, c. I.8, s. 413 (1); 1996, c. 21, s. 46 (1); 1997, c. 28, s. 128 (1); 2018, c. 8, Sched. 13, s. 22. Filing (2) An insurer shall file the risk classification systems and rates it intends to use for the exempted categories or coverages of automobile insurance in a form approved by the Chief Executive Officer.  R.S.O. 1990, c. I.8, s. 413 (2); 1993, c. 10, s. 40 (1); 1997, c. 28, s. 128 (1); 2018, c. 8, Sched. 13, s. 22. Effective date (3) Subject to subsections (3.1) and (3.2), the insurer may use a risk classification system or rates filed under this section after the expiration of 30 days following the date they were filed, unless before the expiration of that period, the Chief Executive Officer advises the insurer orally or otherwise that the risk classification system or the rates filed by the insurer are not approved.  1997, c. 28, s. 128 (2); 2018, c. 8, Sched. 13, s. 22. Extension of period (3.1) Before the expiration of the thirty-day period referred to in subsection (3), the Chief Executive Officer may extend the period for a further period specified by the Chief Executive Officer of not more than thirty days.  1993, c. 10, s. 40 (2); 1997, c. 28, s. 128 (3); 2018, c. 8, Sched. 13, s. 22. Abridgement of period (3.2) The Chief Executive Officer may authorize the insurer to use a risk classification system or rates filed under this section before the expiration of the period referred to in subsection (3) or (3.1).  1993, c. 10, s. 40 (2); 1997, c. 28, s. 128 (3); 2018, c. 8, Sched. 13, s. 22. Notice of failure to approve (3.3) If the Chief Executive Officer notifies an insurer orally that a risk classification system or rates filed by the insurer are not approved, the Chief Executive Officer shall promptly mail a written notice to the insurer confirming that fact.  1997, c. 28, s. 128 (4); 2018, c. 8, Sched. 13, s. 22. Appeal (3.4) If the Chief Executive Officer notifies an insurer under subsection (3) or (3.3) that the risk classification system or rates are not approved, the insurer may, within 15 days after receiving the notification, appeal in writing the decision to the Tribunal.  1997, c. 28, s. 128 (4); 2018, c. 8, Sched. 13, s. 22. Hearing by Tribunal (3.4.1) If an insurer appeals the Chief Executive Officer’s decision within the 15-day period, the Tribunal shall hold a hearing.  2002, c. 22, s. 132 (1); 2018, c. 8, Sched. 13, s. 23. Revocation of exemption (4) If the Chief Executive Officer revokes an exemption, insurers are required to apply within thirty days after the revocation for approval under section 410 of the risk classification systems and rates it is using for the categories or coverages of automobile insurance affected by the revocation.  R.S.O. 1990, c. I.8, s. 413 (4); 1993, c. 10, s. 40 (3); 1996, c. 21, s. 46 (3); 1997, c. 28, s. 128 (5); 2018, c. 8, Sched. 13, s. 22. Idem (5) An insurer may continue to use the risk classification systems and rates filed before the Chief Executive Officer revoked the exemption until the insurer’s application under subsection (4) is determined.  R.S.O. 1990, c. I.8, s. 413 (5); 1993, c. 10, s. 40 (4); 1997, c. 28, s. 128 (5); 2018, c. 8, Sched. 13, s. 22. Powers of the Chief Executive Officer, etc. (6) For the purposes of this section, subsections 410 (4), 412 (6) and (7) and 412.1 (2), (3) and (4) apply, with necessary modifications, as if the insurer had made an application under section 410.  2002, c. 22, s. 132 (2). Note: On a day to be named by proclamation of the Lieutenant Governor, section 413 of the Act is repealed. (See: 2017, c. 34, Sched. 21, s. 32) Section Amendments with date in force (d/m/y) 1993, c. 10, s. 40 (1-4) - 01/01/1994; 1996, c. 21, s. 46 (1, 3) - 01/11/1996; 1997, c. 28, s. 128 (1-5) - 01/07/1998 2002, c. 22, s. 132 - 01/10/2003 2017, c. 34, Sched. 21, s. 32 - not in force 2018, c. 8, Sched. 13, s. 22, 23 - 08/06/2019