hordruma/ontario_laws_and_regs huggingface dataset:
PART I GENERAL
Electronic format of documents
37 Subject to any specific requirements set out in this Act, the regulations, the Authority rules or other applicable law, including the Electronic Commerce Act, 2000, a record or other document that is to be provided, issued or otherwise transmitted under this Act may be provided, issued or otherwise transmitted in electronic format. 2019, c. 7, Sched. 33, s. 1. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 87 - 01/07/1998 2018, c. 8, Sched. 13, s. 2 - no effect - see 2019, c. 7, Sched. 33, s. 12 - 29/05/2019 2019, c. 7, Sched. 33, s. 1 - 01/01/2022 38 Repealed:  1997, c. 19, s. 10 (3). Section Amendments with date in force (d/m/y) 1997, c. 19, s. 10 (3) - 10/10/1997 PART II   GENERAL PROVISIONS APPLICABLE TO INSURERS
PART II GENERAL PROVISIONS APPLICABLE TO INSURERS
Application of Part, insurance business in Ontario
39 (1) This Part applies to insurance undertaken in Ontario and to all insurers carrying on business in Ontario. Undertaking insurance (2) An insurer undertaking a contract of insurance that under this Act is deemed to be made in Ontario, whether the contract is original or renewed, except the renewal from time to time of life insurance policies, shall be deemed to be undertaking insurance in Ontario within the meaning of this Part. Carrying on business (3) An insurer undertaking insurance in Ontario or that in Ontario sets up or causes to be set up a sign containing the name of an insurer, or that in Ontario maintains or operates, either in its own name or in the name of its agent or other representative, an office for the transaction of the business of insurance either in or out of Ontario, or that in Ontario distributes or publishes or causes to be distributed or published any proposal, circular, card, advertisement, printed form or like document, or that in Ontario makes or causes to be made any written or oral solicitation for insurance, or that in Ontario issues or delivers any policy of insurance or interim receipt or collects or receives or negotiates for or causes to be collected or received or negotiated for any premium for a contract of insurance or inspects any risk or adjusts any loss under a contract of insurance, or that prosecutes or maintains in Ontario an action or proceeding in respect of a contract of insurance, or a club, society or association incorporated or unincorporated that receives, either as trustees or otherwise, contributions or money from its members out of which gratuities or benefits are paid directly or indirectly upon the death of its members, or any of them, shall be deemed to be an insurer carrying on business in Ontario within the meaning of this Act.  R.S.O. 1990, c. I.8, s. 39. Licences
PART II GENERAL PROVISIONS APPLICABLE TO INSURERS
Necessity for licence
40 (1) Every insurer undertaking insurance in Ontario or carrying on business in Ontario shall obtain from the Chief Executive Officer and hold a licence under this Act.  R.S.O. 1990, c. I.8, s. 40 (1); 1997, c. 28, s. 88; 2018, c. 8, Sched. 13, s. 22. Prohibition re: licence (2) No person shall carry on business as an insurer or engage in an act constituting the business of insurance in Ontario without a licence under this Act. R.S.O. 1990, c. I.8, s. 40 (2). Idem (3) No insurer shall carry on business in Ontario as an insurer of a class of insurance that is not authorized by its licence under this Act. R.S.O. 1990, c. I.8, s. 40 (3). Prohibition against acting on behalf of unlicensed insurer (4) No person in Ontario shall do or cause to be done any act or thing mentioned in subsection 39 (3) on behalf of or as agent of an insurer that is not licensed under this Act. R.S.O. 1990, c. I.8, s. 40 (4). Exception (5) The following shall not be deemed insurers within the meaning of this Act or required or entitled to be licensed as such: 1.  Pension fund societies incorporated under the Corporations Act. 2.  Corporations mentioned in paragraphs 3 and 4 of section 343. 3.  A trade union in Ontario that under the authority of its incorporating Act or charter has an assurance or benefit fund for the benefit of its own members exclusively. 4.  Mutual benefit societies.  R.S.O. 1990, c. I.8, s. 40 (5); 1997, c. 19, s. 10 (4). Unauthorized insurance (6) No insurer that is incorporated in Ontario and licensed under this Act shall carry on or solicit business as an insurer in another jurisdiction unless it is authorized to do so under the laws of that jurisdiction.  R.S.O. 1990, c. I.8, s. 40 (6). Prohibited benefits (7) No mutual benefit society shall offer or pay a benefit that would have been prohibited under this Act on January 1, 1996.  1997, c. 19, s. 10 (5). Section Amendments with date in force (d/m/y) 1997, c. 19, s. 10 (4, 5) - 10/10/1997;1997, c. 28, s. 88 - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART II GENERAL PROVISIONS APPLICABLE TO INSURERS
Reinsurance with unlicensed insurer
41 Subject to the regulations, nothing in this Act prevents a licensed insurer who has lawfully effected a contract of insurance in Ontario from reinsuring the risk or part thereof with an insurer transacting business out of Ontario and not licensed under this Act.  R.S.O. 1990, c. I.8, s. 41. Note: On a day to be named by proclamation of the Lieutenant Governor, section 41 of the Act is amended by striking out “the regulations” and substituting “the Authority rules”. (See: 2017, c. 34, Sched. 21, s. 2) Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 21, s. 2 - not in force CTS 04 SE 18 - 1 Authorized insurers and insurance
PART II GENERAL PROVISIONS APPLICABLE TO INSURERS
Classes of insurance and licence conditions
43 (1) The Chief Executive Officer may by order determine and define classes of insurance for the purposes of this Act and of licences granted to insurers under this Act.  1997, c. 28, c. 89 (1); 2018, c. 8, Sched. 13, s. 22. Not a regulation (1.1) An order made by the Chief Executive Officer under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 1997, c. 28, c. 89 (1); 2006, c. 21, Sched. F, s. 136 (1); 2018, c. 8, Sched. 13, s. 22. Publication of list (1.2) The Chief Executive Officer shall publish on the website of the Authority a list of the classes of insurance authorized under subsection (1) as of the date of the list and shall publish on the website of the Authority notice of all additions to or deletions from the list as soon as practicable after making them. 2019, c. 14, Sched. 9, s. 3. Licence to carry on insurance business (2) Subject to the provisions of the Parts of this Act that particularly relate to the classes of insurers mentioned in section 42, a licence may be granted to an insurer to carry on any one or more of the classes of insurance defined under subsection (1).  R.S.O. 1990, c. I.8, s. 43 (2); 2002, c. 18, Sched. H, s. 4 (5). Determination of classes of insurance by Chief Executive Officer (3) For the purposes of this Act, the Chief Executive Officer may determine the class or classes of insurance into which the circumstances or conditions in any case may bring any insurance granted or that may be granted in respect thereto, and the policy form for the class of insurance to be used thereunder.  R.S.O. 1990, c. I.8, s. 43 (3); 2018, c. 8, Sched. 13, s. 22. Conditions (4) A licence may be issued subject to such limitations and conditions as may be prescribed by Authority rule.  R.S.O. 1990, c. I.8, s. 43 (4); 2018, c. 8, Sched. 13, s. 4. Section Amendments with date in force (d/m/y) 1997, c. 28, c. 89 (1) - 01/07/1998 2002, c. 18, Sched. H, s. 4 (5) - 30/04/2007 2006, c. 21, Sched. F, s. 136 (1) - 25/07/2007 2018, c. 8, Sched. 13, s. 4, 22 - 08/06/2019 2019, c. 14, Sched. 9, s. 3 - 31/07/2020
PART II GENERAL PROVISIONS APPLICABLE TO INSURERS
Membership in compensation association
44 (1) Where a compensation association has been designated by the regulations as a compensation association for a class of insurers, every insurer in that class shall be deemed to be a member of the compensation association and shall be bound by the by-laws and memorandum of operation of the compensation association. 2002, c. 18, Sched. H, s. 4 (6). Assessments and levies (2) A member of a compensation association shall pay to the compensation association all assessments and levies made against the member by the compensation association, and, where the member fails to pay the assessment or levy within thirty days of the day the notice of the assessment or levy is provided to the member, (a)  the compensation association may claim the amount of the assessment or levy, with interest, as a debt due from the member or if the insurer has ceased to be a member, from the former member; and (b)  the licence of the member to carry on insurance may be cancelled. R.S.O. 1990, c. I.8, s. 44 (2); 2019, c. 7, Sched. 33, s. 2. Non-application (3) Subsections (1) and (2) do not apply to, (a)  a mutual insurance corporation that is a member of the Fire Mutuals Guarantee Fund or such other insurers designated under the regulations as being adequately covered by some other plan of compensation; (b)  an insurer whose business is limited to that of reinsurance; (c)  an insurer named in an agreement entered into under section 120 as an insurer to whom subsections (1) and (2) do not apply; (d)  a reciprocal insurance exchange; or (e)  a class of insurer designated by the regulations. R.S.O. 1990, c. I.8, s. 44 (3); 1997, c. 19, s. 10 (8); 1999, c. 12, Sched. I, s. 4 (8). Note: On a day to be named by proclamation of the Lieutenant Governor, section 44 of the Act is amended by striking out “the regulations” wherever it appears and substituting in each case “the Authority rules”. (See: 2017, c. 34, Sched. 21, s. 3) Section Amendments with date in force (d/m/y) 1997, c. 19, s. 10 (7, 8) - 10/10/1997; 1999, c. 12, Sched. I, s. 4 (7) - 22/12/1999; 1999, c. 12, Sched. I, s. 4 (8) - 01/01/2001 2002, c. 18, Sched. H, s. 4 (6) - 30/04/2007 2017, c. 34, Sched. 21, s. 3 - not in force CTS 04 SE 18 - 1 2019, c. 7, Sched. 33, s. 2 - 29/05/2019
PART II GENERAL PROVISIONS APPLICABLE TO INSURERS
Conditions of automobile insurance licence
45 (1) A licence to carry on automobile insurance in Ontario is subject to the following conditions: 1.  In any action in Ontario against the licensed insurer or its insured arising out of an automobile accident in Ontario, the insurer shall appear and shall not set up any defence to a claim under a contract made outside Ontario, including any defence as to the limit or limits of liability under the contract, that might not be set up if the contract were evidenced by a motor vehicle liability policy issued in Ontario and such contract made outside Ontario shall be deemed to include the statutory accident benefits referred to in subsection 268 (1). 2.  In any action in another province or territory of Canada, a jurisdiction in the United States of America or a jurisdiction designated in the Statutory Accident Benefits Schedule against the licensed insurer, or its insured, arising out of an automobile accident in that jurisdiction, the insurer shall appear and shall not set up any defence to a claim under a contract evidenced by a motor vehicle liability policy issued in Ontario, including any defence as to the limit or limits of liability under the contract, that might not be set up if the contract were evidenced by a motor vehicle liability policy issued in that jurisdiction.  R.S.O. 1990, c. I.8, s. 45 (1); 1993, c. 10, s. 6; 1996, c. 21, s. 12. Penalty for breach (2) A licence may be cancelled when the holder commits a breach of condition as set out in subsection (1).  R.S.O. 1990, c. I.8, s. 45 (2). Section Amendments with date in force (d/m/y) 1993, c. 10, s. 6 - 01/01/1994; 1996, c. 21, s. 12 - 01/11/1996
PART II GENERAL PROVISIONS APPLICABLE TO INSURERS
Scope of life insurance licence
46 Every insurer licensed for the transaction of life insurance may, under the authority of its licence, unless the licence expressly provides otherwise, (a)  Repealed:  2002, c. 18, Sched. H, s. 4 (7). (b)  transact annuities of all kinds and insurance providing for the establishment of accumulation or endowment funds.  R.S.O. 1990, c. I.8, s. 46; 2002, c. 18, Sched. H, s. 4 (7). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. H, s. 4 (7) - 30/04/2007 47 Repealed:  2002, c. 18, Sched. H, s. 4 (8). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. H, s. 4 (8) - 30/04/2007
PART II GENERAL PROVISIONS APPLICABLE TO INSURERS
Information preliminary to licence
49 The Chief Executive Officer may require such notice of the application for a licence to be given by publication on the website of the Authority and elsewhere as he or she considers necessary.  R.S.O. 1990, c. I.8, s. 49; 2018, c. 8, Sched. 13, s. 22; 2019, c. 14, Sched. 9, s. 5. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 2019, c. 14, Sched. 9, s. 5 - 31/07/2020 Documentary, etc., requirements
PART II GENERAL PROVISIONS APPLICABLE TO INSURERS
Documents to be filed by applicants for licence
50 (1) Before the issue of a licence to an insurer, such insurer shall file in the office of the Chief Executive Officer the following documents: 1.  A certified copy of its Act or other instrument of incorporation or association and of its constitution and by-laws and regulations verified in a manner satisfactory to the Chief Executive Officer. 2.  A certified copy of its last balance sheet and auditor’s report thereon. 3.  If the head office of the insurer is out of Ontario, notice of the place where the chief office of the insurer in Ontario is to be situate. 4.  If the head office of the insurer is out of Ontario, a power of attorney from the insurer to an agent resident in Ontario. 5.  Copies of all policy forms and forms of application for insurance proposed to be used by the insurer in Ontario. 6.  Any evidence or documents required by other Parts of this Act. R.S.O. 1990, c. I.8, s. 50 (1); 2018, c. 8, Sched. 13, s. 22. Evidence (2) The applicant for a licence shall furnish such evidence as the Chief Executive Officer considers necessary that the requirements of this Act have been complied with and that the applicant is entitled to the licence applied for. R.S.O. 1990, c. I.8, s. 50 (2); 2018, c. 8, Sched. 13, s. 22. Paying cost of examination (3) When the Chief Executive Officer considers it necessary to conduct an examination of the affairs of an applicant for a licence, the applicant shall pay the costs of the examination upon receiving a statement thereof certified by the Chief Executive Officer. R.S.O. 1990, c. I.8, s. 50 (3); 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART II GENERAL PROVISIONS APPLICABLE TO INSURERS
Filing of changes in by-laws, etc.
51 Every licensed insurer shall file in the office of the Chief Executive Officer certified copies of every amendment, revision or consolidation of its Act or other instrument of incorporation or association and of its constitution, by-laws and regulations verified in a manner satisfactory to the Chief Executive Officer within thirty days after the passing or adoption of the amendment, revision or consolidation.  R.S.O. 1990, c. I.8, s. 51; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 Corporate requirements
PART II GENERAL PROVISIONS APPLICABLE TO INSURERS
Statement of expenses of organization
52 (1) Upon application being made for a licence under this Act by an insurer incorporated in Ontario, there shall be submitted to the Chief Executive Officer a sworn statement setting forth the several sums of money paid in connection with the incorporation and organization of the insurer, and such statement shall, in addition, include a list of all unpaid liabilities, if any, in connection with or arising out of the incorporation and organization. R.S.O. 1990, c. I.8, s. 52 (1); 2018, c. 8, Sched. 13, s. 22; 2019, c. 14, Sched. 9, s. 6. To what limited (2) Until the licence is granted, no payments on account of expenses of incorporation and organization shall be made out of the money paid in by shareholders, except reasonable sums for the payment of clerical assistance, legal services, office rental, advertising, stationery, postage and expense of travel, if any. R.S.O. 1990, c. I.8, s. 52 (2). Conditions precedent to issue of licence (3) The Chief Executive Officer shall not issue the licence until he or she is satisfied that all the requirements of this Act and of the Corporations Act as to the subscriptions for shares in the capital of the insurer, the payment of money by shareholders on account of their subscriptions, the election of directors and other preliminaries have been complied with, and unless he or she is satisfied that the expenses of incorporation and organization, including any commission payable in connection with subscriptions for shares in the capital of the insurer, are reasonable. R.S.O. 1990, c. I.8, s. 52 (3); 1997, c. 28, s. 90; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 90 - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 2019, c. 14, Sched. 9, s. 6 - 10/12/2019 Right to licence and insurer’s name
PART II GENERAL PROVISIONS APPLICABLE TO INSURERS
Right to licence
53 (1) An insurer that has applied for a licence and has complied with this Act and the Corporations Act is entitled to the licence.  R.S.O. 1990, c. I.8, s. 53 (1). Name of insurer (2) The Chief Executive Officer may refuse to licence an insurer where the name of the insurer is, (a)  the same as or similar to the name of another insurer and the assumption or use of the name in Ontario would be likely to deceive or mislead the public; or (b)  if the name of the insurer is objectionable on any public grounds.  R.S.O. 1990, c. I.8, s. 53 (2); 1997, c. 28, s. 90; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 90 - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART II GENERAL PROVISIONS APPLICABLE TO INSURERS
Power of attorney of chief agent, insurers outside Ontario
54 (1) Every licensed insurer that has its head office outside Ontario shall file with the Chief Executive Officer an executed copy of a power of attorney from the insurer to a chief agent resident in Ontario. R.S.O. 1990, c. I.8, s. 54 (1); 2018, c. 8, Sched. 13, s. 22. Execution of power of attorney (2) The power of attorney shall be under the seal of the insurer, and shall be signed by the president and secretary or other proper officers of the insurer in the presence of a witness who shall make oath as to its due execution. R.S.O. 1990, c. I.8, s. 54 (2). Authentication (3) The official positions held by the officers signing the power of attorney shall be verified by an oath of a person cognizant of the fact. R.S.O. 1990, c. I.8, s. 54 (3). Contents of power of attorney (4) The power of attorney shall declare at what place in Ontario the chief agency of the corporation is and shall expressly authorize the chief agent to receive service of process in all actions and proceedings against the insurer in Ontario for any liability incurred by the insurer therein, and also to receive from the Chief Executive Officer all notices that the law requires to be given, or that it is thought advisable to give, and shall declare that service of process for or in respect of such liability on the chief agent is legal and binding on the insurer. R.S.O. 1990, c. I.8, s. 54 (4); 2018, c. 8, Sched. 13, s. 22. Authority conferred (5) The power of attorney may confer upon the chief agent any further or other powers that the insurer considers advisable. R.S.O. 1990, c. I.8, s. 54 (5). Effect of copy as evidence (6) The production of a copy of the power of attorney certified by the Chief Executive Officer is sufficient evidence for all purposes of the power and authority of the person therein named to act on behalf of the insurer in the manner and for the purposes set forth in the certified copy. R.S.O. 1990, c. I.8, s. 54 (6); 2018, c. 8, Sched. 13, s. 22. Changes in chief agent (7) Where the insurer changes its chief agent in Ontario, it shall, within seven days of the appointment, file with the Chief Executive Officer a similar power of attorney, stating the change and containing a similar declaration as to service of process and notices. R.S.O. 1990, c. I.8, s. 54 (7); 2018, c. 8, Sched. 13, s. 22. Service of process thereafter (8) After the power of attorney is filed, any process in any action or proceeding against the insurer for liability incurred in Ontario may be validly served on the insurer upon its chief agent, but nothing in this section renders invalid service in any other mode in which the corporation may be lawfully served.  R.S.O. 1990, c. I.8, s. 54 (8). Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 Form, term, conditions of licence
PART II GENERAL PROVISIONS APPLICABLE TO INSURERS
Form
55 (1) Subject to section 382, the licence shall be in such form or forms for the different classes of insurers as may be from time to time determined by the Chief Executive Officer, and shall specify the business to be carried on by the insurer.  R.S.O. 1990, c. I.8, s. 55 (1); 1997, c. 28, s. 90; 2018, c. 8, Sched. 13, s. 22. Conditions (2) The Chief Executive Officer may, at any time and in respect of any licence of an insurer, (a)  set a term for the licence; (b)  impose any conditions or limitations that the Chief Executive Officer considers appropriate relating to the carrying on of the insurer’s business; or (c)  vary, amend or revoke any condition or limitation to which the licence is subject. 1997, c. 28, s. 91 (1); 2018, c. 8, Sched. 13, s. 22. Notice (3) The Chief Executive Officer shall not exercise any power under subsection (2) until he or she has given the insurer notice of intention to exercise the power and has afforded the insurer a reasonable opportunity to make written submissions. 1997, c. 28, s. 91 (1); 2018, c. 8, Sched. 13, s. 22. Application (4) Subsections (2) and (3) apply in respect of licences in force on the date this section comes into force and in respect of licenses issued after the date this section comes into force. 1997, c. 28, s. 91 (1). Appeal to Tribunal (5) The insurer may appeal the decision of the Chief Executive Officer to the Tribunal. 1997, c. 28, s. 91 (1); 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1997, c. 28, ss. 90, 91 (1) - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART II GENERAL PROVISIONS APPLICABLE TO INSURERS
Failure to pay claim, licence cancellation, etc.
56 (1) Where written notice has been served on the Chief Executive Officer and upon proof of an undisputed claim arising from loss insured against in Ontario remaining unpaid for the space of sixty days after being due or of a disputed claim after final judgment in the regular course of law and tender of a legal, valid discharge being unpaid, the Chief Executive Officer may suspend or cancel the licence.  R.S.O. 1990, c. I.8, s. 56 (1); 1997, c. 28, s. 92; 2018, c. 8, Sched. 13, s. 22. Revival of licence (2) The licence may be revived and the insurer may again transact business if, within six months after notice to the Chief Executive Officer of the failure of the insurer to pay an undisputed claim or the amount of a final judgment as provided in this section, such undisputed claim or final judgment upon or against the insurer in Ontario is paid and satisfied.  R.S.O. 1990, c. I.8, s. 56 (2); 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 92 - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019