PART VII ACCIDENT AND SICKNESS INSURANCE
Insurer to issue policy, furnish documents
293 (1) An insurer entering into a contract shall, (a)  issue a policy; and (b)  furnish to the insured the policy and a copy of the insured’s application.  2012, c. 8, Sched. 23, s. 36. Documents forming contract (2) Subject to subsection (3), the provisions in, (a)  the application; (b)  the policy; (c)  any document attached to the policy when issued; and (d)  any amendment to the contract agreed upon in writing after the policy is issued, constitute the entire contract.  2012, c. 8, Sched. 23, s. 36. Same — contract by fraternal society (3) In the case of a contract made by a fraternal society, the policy, the Act or instrument of incorporation of the society, its constitution, by-laws and rules, and the amendments made from time to time to any of them, the application for the contract and the medical statement of the applicant constitute the entire contract.  2012, c. 8, Sched. 23, s. 36. Copy of contract, etc. (4) Except in the case of a contract of group insurance or of creditor’s group insurance, an insurer, on request, shall furnish to the insured or a claimant under the contract a copy of, (a)  the entire contract as set out in subsection (2) or (3), as applicable; and (b)  any written statement or other record provided to the insurer as evidence of insurability under the contract.  2012, c. 8, Sched. 23, s. 36. Copy of application, policy, etc. — group insurance (5) In the case of a contract of group insurance, an insurer, (a)  on request, shall furnish to a group person insured or claimant under the contract a copy of, (i)  the group person insured’s application, and (ii)  any written statement or other record, not otherwise part of the application, provided to the insurer as evidence of the insurability of the group person insured under the contract; (b)  on request and reasonable notice, shall permit a group person insured or claimant under the contract to examine, and shall furnish to that person, a copy of the policy of group insurance.  2012, c. 8, Sched. 23, s. 36. Same — creditor’s group insurance (6) In the case of a contract of creditor’s group insurance, an insurer, (a)  on request, shall furnish to a debtor insured or claimant under the contract a copy of, (i)  the debtor insured’s application, and (ii)  any written statement or other record, not otherwise part of the application, provided to the insurer as evidence of the insurability of the debtor insured under the contract; (b)  on request and reasonable notice, shall permit a debtor insured or claimant under the contract to examine, and shall furnish to that person, a copy of the policy of creditor’s group insurance.  2012, c. 8, Sched. 23, s. 36. Reasonable fee (7) An insurer may charge a reasonable fee to cover its expenses in furnishing copies of documents under subsection (4), (5) or (6), other than the first copy furnished to each person.  2012, c. 8, Sched. 23, s. 36. Access to information restricted (8) Access to the documents described in clauses (5) (b) and (6) (b) does not extend, (a)  to information contained in those documents that would reveal personal information as defined in the Personal Information Protection and Electronic Documents Act (Canada) or personal health information as defined in the Personal Health Information Protection Act, 2004 about a person without that person’s consent, other than information about, (i)  the group person insured or debtor insured in respect of whom the claim is made, or (ii)  the person who requests the information; or (b)  to information prescribed by the regulations.  2012, c. 8, Sched. 23, s. 36. Note: On a day to be named by proclamation of the Lieutenant Governor, clause 293 (8) (b) of the Act is amended by striking out “the regulations” at the end and substituting “the Authority rules”. (See: 2017, c. 34, Sched. 21, s. 22)) Claimant’s access to documents restricted (9) A claimant’s access to documents under subsections (4) to (6) extends only to information that is relevant to, (a)  a claim under the contract; or (b)  a denial of such a claim.  2012, c. 8, Sched. 23, s. 36. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 36 - 01/07/2016 2017, c. 34, Sched. 21, s. 22 - not in force CTS 04 SE 18 - 1