hordruma/ontario_laws_and_regs huggingface dataset:
PART VII ACCIDENT AND SICKNESS INSURANCE
Place of payment
324 (1) Subject to subsections (2), (4) and (5), insurance money is payable in Ontario.  2012, c. 8, Sched. 23, s. 67 (1). Exception for group insurance (2) In the case of a contract of group insurance, money is payable in the province or territory of Canada in which the group person insured was resident at the time he or she became insured. R.S.O. 1990, c. I.8, s. 324 (2). Dollars (3) Unless a contract otherwise provides, a reference therein to dollars means Canadian dollars whether the contract by its terms provides for payment in Canada or elsewhere. R.S.O. 1990, c. I.8, s. 324 (3). Payment outside Ontario (4) Where a person entitled to receive insurance money is not resident in Ontario, the insurer may pay the insurance money to that person or to any person who is entitled to receive it on that person’s behalf under the law of the jurisdiction in which the payee resides and any such payment discharges the insurer to the extent of the amount paid.  2012, c. 8, Sched. 23, s. 67 (2). Payment to personal representative (5) Where insurance money is by the contract payable to a person who has died or to his or her personal representative and such deceased person was not at the date of his or her death domiciled in Ontario, the insurer may pay the insurance money to the personal representative of such person appointed under the law of his or her domicile, and any such payment discharges the insurer to the extent of the amount paid. R.S.O. 1990, c. I.8, s. 324 (5). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 67 (1, 2) - 01/07/2016
PART VII ACCIDENT AND SICKNESS INSURANCE
Undue prominence
327 The insurer shall not in the policy give undue prominence to any provision or statutory condition as compared to other provisions or statutory conditions, unless this Part provides otherwise or the effect of that provision or statutory condition is to increase the premium or decrease the benefits otherwise provided for in the policy.  R.S.O. 1990, c. I.8, s. 327; 2014, c. 7, Sched. 14, s. 6. Section Amendments with date in force (d/m/y) 2014, c. 7, Sched. 14, s. 6 - 24/07/2014
PART VII ACCIDENT AND SICKNESS INSURANCE
Relief from forfeiture
328 Where there has been imperfect compliance with a statutory condition as to the proof of loss to be given by the insured or another matter or thing required to be done or omitted by the insured with respect to the loss and a consequent forfeiture or avoidance of the insurance in whole or in part, or there has been a termination of the policy by a notice that was not received by the insured because of the insured’s absence from the address to which the notice was addressed, and the court considers it inequitable that the insurance should be forfeited or on that ground, or terminated, the court, on terms it considers just, may, (a)  relieve against the forfeiture or avoidance; or (b)  if the application for relief is made within 90 days of the date of the delivery or mailing of the notice of termination, relieve against the termination.  2012, c. 8, Sched. 23, s. 68; 2019, c. 7, Sched. 33, s. 11. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 68 - 01/07/2016 2019, c. 7, Sched. 33, s. 11 - 01/01/2022
PART VII ACCIDENT AND SICKNESS INSURANCE
Presumption against agency
329 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 insured, group person 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. 69. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, s. 69 - 01/07/2016 Part viii (ss. 330-333)
Repealed:  1999, c. 12, Sched. I, s. 4 (23). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (23) - 22/12/1999 Part ix (ss. 334-338)
Repealed:  1999, c. 12, Sched. I, s. 4 (23). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (23) - 22/12/1999 PART X   FRATERNAL SOCIETIES
PART X FRATERNAL SOCIETIES
Definitions, Part X
339 In this Part, “rates of contribution” means the regular net premiums, dues, rates or contributions receivable from the members for the purpose of the payment at maturity of the society’s certificates or contracts of insurance; (“taux de contribution”) “society” means a fraternal society. (“société”)  R.S.O. 1990, c. I.8, s. 339.
PART X FRATERNAL SOCIETIES
Application of Part
340 (1) Subject to subsections (2) and (3), this Part applies only to fraternal societies incorporated under the laws of Ontario. Application of ss. 341 to 344, s. 371 (2) Sections 341 to 344 and section 371 apply to all fraternal societies carrying on the business of insurance in Ontario. Application of s. 345 (2) (3) Subsection 345 (2) applies only to fraternal societies incorporated elsewhere than in Ontario.  1999, c. 12, Sched. I, s. 4 (24). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (24) - 22/12/1999
PART X FRATERNAL SOCIETIES
What fraternal societies required to be licensed
341 Fraternal societies required to be licensed under this Act include, (a)  a company, society, association or organization incorporated before the 10th day of March, 1890, under chapter 172 of The Revised Statutes of Ontario, 1887, or a predecessor thereof; (b)  a society incorporated under chapter 183 of The Revised Statutes of Ontario, 1914, or a predecessor thereof, that undertakes insurance against death; (c)  an association of the civil servants or employees of Canada incorporated by or under the authority of an Act of the Parliament of Canada; (d)  a fraternal society incorporated after the 1st day of January, 1924, under the Corporations Act or a predecessor thereof.  R.S.O. 1990, c. I.8, s. 341.
PART X FRATERNAL SOCIETIES
Cases in which societies not to be licensed
342 No fraternal society shall be licensed, (a)  if it undertakes insurance contracts with persons other than its own members and their spouses and children; (b)  if it engages in or carries on any business other than life insurance or accident and sickness insurance; (c)  if it has upon its books fewer than 75 members in good standing; or (d)  if it is in effect the property of its officers or collectors, or of any other person for the person’s own benefit, or is conducted as a mercantile or business enterprise, or for the purpose of mercantile profit, or if its funds are under the control of persons or officers appointed for life and not under that of the insured.  1999, c. 12, Sched. I, s. 4 (25, 26); 2002, c. 18, Sched. H, s. 4 (31); 2005, c. 5, s. 35 (17). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (25) - 22/12/1999 1999, c. 12, Sched. I, s. 4 (26) - 01/03/2000 2002, c. 18, Sched. H, s. 4 (31) - 30/04/2007 2005, c. 5, s. 35 (17) - 09/03/2005
PART X FRATERNAL SOCIETIES
Societies deemed not to be fraternal societies
343 The following shall be deemed not to be fraternal societies within the meaning of this Part and shall not be required or entitled to be licensed as such: 1.  Societies known as mutual benefit societies as defined in section 1. 2.  Pension fund societies incorporated under the Corporations Act or a predecessor thereof. 3.  A corporation not otherwise provided for in this Act that has by or under the authority of an Act of the Parliament of Canada created a fund for paying a gratuity on the happening of death, sickness, infirmity, casualty, accident, disability or any change of physical or mental condition. 4.  A corporation not otherwise provided for in this Act that has by or under the authority of an Act of the Parliament of Canada an insurance and provident society or association, or an insurance or guarantee fund in connection with the corporation. 5.  A corporation that undertakes or offers to undertake contracts of insurance prohibited by section 342. 6.  A corporation in which the insurance fund is used for the purposes of a mercantile or business enterprise, or for mercantile profit, or a society formed on the lodge system, whose insurance fund is held other than as a trust fund for the members insured. 7.  A society in which the persons insured do not exercise, either directly or through representatives elected for a term not exceeding four years, effective control over the insurance fund of the society, or in which the officers or other persons having the disposition, control or possession of the insurance fund are elected or appointed for a longer period than four years. 8.  Any corporation that undertakes contracts of insurance but is not formed exclusively for that purpose and that does not for the purposes of such contracts keep distinct and separate funds, securities, books and vouchers.  R.S.O. 1990, c. I.8, s. 343; 1997, c. 19, s. 10 (30). Section Amendments with date in force (d/m/y) 1997, c. 19, s. 10 (30) - 10/10/1997
PART X FRATERNAL SOCIETIES
Central body for Ontario or representative may be dealt with
345 (1) Where two or more lodges or branches of a society, though separately incorporated, are under the financial or administrative control of a central governing body in Ontario or a duly authorized provincial representative of the society, such governing body, if incorporated, or such provincial representative of the society may, if the Chief Executive Officer thinks proper, be dealt with as the society. R.S.O. 1990, c. I.8, s. 345 (1); 2018, c. 8, Sched. 13, s. 22. When central body for Ontario incorporated (2) In the case of a fraternal society incorporated elsewhere than in Ontario, the central governing or controlling body in Ontario, if incorporated by virtue of the law of Ontario, may, if the Chief Executive Officer thinks proper, be dealt with as the society. R.S.O. 1990, c. I.8, s. 345 (2); 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 By-laws and rules
PART X FRATERNAL SOCIETIES
To be filed with Chief Executive Officer
346 (1) Every fraternal society shall, with its application for licence, file in the office of the Chief Executive Officer duly certified copies in duplicate of those articles or provisions of the subsisting constitution, by-laws or rules that contain material terms not set out in the instrument of contract adopted by the society, and shall, from time to time, file in the office of the Chief Executive Officer duly certified copies in duplicate of every amendment, revision or consolidation of such articles or provisions of the constitution, by-laws and rules within thirty days after the passing or adoption of the amendment, revision or consolidation.  R.S.O. 1990, c. I.8, s. 346 (1); 2018, c. 8, Sched. 13, s. 22. Binding when passed by society (2) The constitution, by-laws or rules and any amendment, revision or consolidation of them passed by the society shall, despite the declaration or other instrument filed under any general or special Act, be deemed to be the rules in force on and after the date of passing by the society until a subsequent amendment, revision or consolidation is in like manner passed and so on from time to time, and are binding and obligatory upon all members of the society and upon all their beneficiaries and legal representatives and upon everyone entitled to any benefit under any certificate of the society, but the passing of any rule of the society or of any amendment or revision of a rule does not make valid any provision of such rule that is inconsistent with this Act.  1999, c. 12, Sched. I, s. 4 (27). (3)-(6) Repealed:  1999, c. 12, Sched. I, s. 4 (27). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (27) - 22/12/1999 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART X FRATERNAL SOCIETIES
Amendment of rules, Chief Executive Officer’s direction
347 Where because of a provision in any of its rules a society otherwise entitled to be licensed ought not, in the opinion of the Chief Executive Officer, to be licensed, it is not entitled to a licence until it has repealed or amended such rules in accordance with the direction of the Chief Executive Officer.  R.S.O. 1990, c. I.8, s. 347; 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 X FRATERNAL SOCIETIES
Rules deliverable on demand
348 (1) A copy of all rules of a society relating to its insurance contracts and to the management and application of its insurance funds shall be delivered by the society to any member requesting it on payment of a reasonable fee.  R.S.O. 1990, c. I.8, s. 348 (1); 1999, c. 12, Sched. I, s. 4 (28). Fraudulent delivery (2) An officer or agent of a society who, with intent to mislead or defraud, gives a person a copy of rules other than the rules then in force on the pretence that they are the rules then in force is guilty of an offence.  R.S.O. 1990, c. I.8, s. 348 (2). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (28) - 22/12/1999 349 Repealed:  1999, c. 12, Sched. I, s. 4 (29) - 22/12/1999. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (29) - 22/12/1999
PART X FRATERNAL SOCIETIES
Limitation of member’s liability in fraternal society
350 (1) The liabilities of a member under the member’s contract at any date is limited to the assessments, fees and dues that became payable within the preceding twelve months and of which at such date notice had been given in accordance with the constitution and rules of the society.  R.S.O. 1990, c. I.8, s. 350 (1). Withdrawal of member (2) A member may at any time withdraw from the society by delivering or sending by ordinary mail to the society notice in writing of the intention to withdraw and paying or tendering the assessments, fees and dues mentioned in subsection (1).  R.S.O. 1990, c. I.8, s. 350 (2); 1999, c. 12, Sched. I, s. 4 (30). Release from liability (3) After such withdrawal, the member becomes thereby released from all further liability under the member’s contract and continues to be entitled to any insurance benefits paid for under the contract. R.S.O. 1990, c. I.8, s. 350 (3); 1999, c. 12, Sched. I, s. 4 (31). Exception (4) This section is subject to any rules to the contrary passed by the society.  1999, c. 12, Sched. I, s. 4 (32). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (30-32) - 22/12/1999 351 Repealed:  1999, c. 12, Sched. I, s. 4 (33). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (33) - 22/12/1999
PART X FRATERNAL SOCIETIES
Conditions of forfeiture restricted
352 (1) Where it is stipulated that the benefit of the contract will be suspended or reduced or forfeited for any other reason than for non-payment of money, such condition is not valid unless it is held to be just and reasonable under the circumstances of the case. Condition as to abstinence (2) In any contract of which total abstinence from intoxicating liquors is made an express condition, such condition shall be deemed to be just and reasonable.  R.S.O. 1990, c. I.8, s. 352.
PART X FRATERNAL SOCIETIES
How notice may be given to members
353 (1) Subject to subsection (2), a notice required to be given to a member for any purpose of this Act or of the rules of the society may be effectually given if written or printed notice is delivered, or is sent by registered mail to the member, or is left at the member’s last known place of residence or of business or by publication in the official paper of the society.  R.S.O. 1990, c. I.8, s. 353 (1). Notice of reduction of benefit or increase in premium (2) A notice of the reduction of any benefit payable under a contract of insurance or of the increase of the premium rate for any benefit under a contract of insurance shall be delivered to the member by a method which has been approved by the Chief Executive Officer.  1999, c. 12, Sched. I, s. 4 (34); 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (34) - 22/12/1999 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART X FRATERNAL SOCIETIES
Actuary’s report
355 In addition to the annual statement required to be filed under this Act, each society shall file with the Chief Executive Officer, not later than four months after the end of each fiscal year, a report of the society’s actuary certifying whether the society’s rates of benefit are reasonable, and whether the amounts of insurance or annuity to be issued by the society are reasonable, having regard to, (a)  the conditions and circumstances for the issuance of policies by the society; (b)  the sufficiency of the rates of contribution to provide for those benefits and those amounts of insurance; and (c)  the reasonableness of the loan values, cash values, and other equities that may be provided under the policies.  1999, c. 12, Sched. I, s. 4 (35); 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (35) - 22/12/1999 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART X FRATERNAL SOCIETIES
Where assets of society insufficient
356 (1) If it appears to the Chief Executive Officer from the statement and reports filed with him or her or from an examination or valuation made under this Act that the assets of a licensed fraternal society applicable to the payment of its insurance contracts are insufficient to provide for the payment of its contracts of insurance at maturity without deduction or abatement and without increase in its existing rates of contribution, the Chief Executive Officer shall require the society to make, within the specified time but not exceeding four years, such increase in its rates of contribution or such reduction in the benefits payable under its contracts of insurance or otherwise as will enable the society to provide for the payment of its contracts of insurance at maturity.  R.S.O. 1990, c. I.8, s. 356 (1); 1997, c. 28, s. 117 (1); 2018, c. 8, Sched. 13, s. 22. (2) Repealed:  1997, c. 28, s. 117 (2). Society to act upon request (3) On receipt of such request, the society shall take the steps prescribed by its laws or constitution for putting into effect such changes as may be approved by the actuary appointed by the society for the purpose aforesaid.  R.S.O. 1990, c. I.8, s. 356 (3). Special meeting to consider request of Chief Executive Officer (4) Where in the opinion of the governing executive authority of the society a special meeting of the society is desirable for the purpose of considering the request of the Chief Executive Officer, the authority may call a special meeting of the supreme legislative body of the society upon such notice as the authority considers reasonable and as the Chief Executive Officer may approve, and such meeting so called shall be deemed to have been regularly constituted despite anything in its constitution and laws.  R.S.O. 1990, c. I.8, s. 356 (4); 1997, c. 28, s. 117 (3); 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 117 (1-3) - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART X FRATERNAL SOCIETIES
Reduction of benefits, or increase of rates
357 A fraternal society incorporated under the laws of Ontario may by amendment of its constitution and laws reduce the benefits payable under its contracts of insurance or some of them, or increase the rates of contribution payable by its members as a whole or some class or classes thereof, or make such other changes as are necessary to comply with the aforesaid request of the Chief Executive Officer and such amendments when adopted by a majority of the votes duly cast by the members of the supreme legislative body of the society at a regular or special meeting of the supreme legislative body of the society duly called are binding upon the members of the society and upon their beneficiaries or legal representatives and upon all persons deriving legal rights from any member or beneficiary, despite anything in its constitution and laws before such amendments or in its Act or instrument of incorporation, or in any contract, policy or certificate of insurance heretofore or hereafter issued by the society.  R.S.O. 1990, c. I.8, s. 357; 1997, c. 28, s. 118; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 118 - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART X FRATERNAL SOCIETIES
Default of society in complying with request of Chief Executive Officer
358 (1) Where a society does not within the time allowed comply with the request of the Chief Executive Officer as prescribed by subsection 356 (2), the Chief Executive Officer shall thereupon appoint a readjustment committee of three persons of whom at least one must be an actuary who shall at as early a date as practicable investigate the assets, liabilities, rates of contribution and plans of insurance of the society and prepare a report containing such amendments to the society’s constitution and laws reducing the benefits payable under its contracts of insurance or some of them or increasing the rates of contribution payable by its members as a whole or some class or classes thereof, or such other amendments as the readjustment committee considers necessary in order to provide for the payment of all the contracts of insurance of the society as they mature in accordance with the amendments.  R.S.O. 1990, c. I.8, s. 358 (1); 1997, c. 28, s. 119; 2018, c. 8, Sched. 13, s. 22. Amendments in report of committee to be part of society’s constitution (2) The readjustment committee shall file such report in the office of the Chief Executive Officer and deliver to the society a certified copy thereof and, immediately upon such report being filed with the Chief Executive Officer, the amendments contained therein become part of the constitution and laws of the society and are valid and binding upon all its members and upon their beneficiaries or personal representatives and upon all persons deriving legal rights from any member or beneficiary despite anything in its constitution and laws before such amendments or in its Act or instrument of incorporation or in any policy or certificate of insurance issued by it. R.S.O. 1990, c. I.8, s. 358 (2); 2018, c. 8, Sched. 13, s. 22. Date to be fixed in report (3) The readjustment committee shall in the amendments fix a date not more than six months after the date of filing of the report when the reduction of benefits or increase in the rate of contribution provided for by such amendments will be in full force and effect. R.S.O. 1990, c. I.8, s. 358 (3). Expenses (4) The society shall bear the expense of the investigation and report and shall furnish the readjustment committee with required information. R.S.O. 1990, c. I.8, s. 358 (4). Section Amendments with date in force (d/m/y) 1997, c. 28, s. 119 - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART X FRATERNAL SOCIETIES
Separate accounts for each class of insurance
359 A society shall maintain a separate account in respect of each class of insurance for which it is authorized to insure risks.  1999, c. 12, Sched. I, s. 4 (36). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (36) - 22/12/1999 360 Repealed:  1999, c. 12, Sched. I, s. 4 (37). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (37) - 22/12/1999
PART X FRATERNAL SOCIETIES
Epidemic or unforeseen contingency
361 In the event of an epidemic or other unforeseen contingency impairing the funds of a society, the governing executive authority of the society may impose a special assessment or special assessments upon the members of the society or upon such class or classes thereof and with such incidence as in the opinion of the governing executive authority is necessary and equitable, and such special assessment or assessments are binding on the members of the society despite anything to the contrary in its Act or instrument of incorporation or its constitution and laws, or in any certificate of insurance heretofore or hereafter issued by the society.  R.S.O. 1990, c. I.8, s. 361.