Definitions
1 In this Act, except where inconsistent with the definition sections of any Part, “accountant” means a person who is licensed under the Public Accounting Act, 2004; (“comptable”) “actuary” means a Fellow of the Canadian Institute of Actuaries; (“actuaire”) “adjuster” means a person who, (a)  on behalf of an insurer or an insured, for compensation, directly or indirectly solicits the right to negotiate the settlement of or investigate a loss or claim under a contract or a fidelity, surety or guaranty bond issued by an insurer, or investigates, adjusts or settles any such loss or claim, or (b)  holds himself, herself or itself out as an adjuster, investigator, consultant or adviser with respect to the settlement of such losses or claims, but does not include, (c)  a barrister or solicitor acting in the usual course of the practice of law, (d)  a trustee or agent of the property insured, (e)  a salaried employee of a licensed insurer while acting on behalf of such insurer in the adjustment of losses, (f)  a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or (g)  a person who acts as an adjuster of marine losses only; (“expert d’assurance”) “agent” means a person who, for compensation, commission or any other thing of value, (a)  solicits insurance on behalf of an insurer who has appointed the person to act as the agent of such insurer or on behalf of the Facility Association under the Compulsory Automobile Insurance Act, or (b)  solicits insurance on behalf of an insurer or transmits, for a person other than himself, herself or itself, an application for, or a policy of insurance to or from such insurer, or offers or assumes to act in the negotiation of such insurance or in negotiating its continuance or renewal with such insurer, and who is not a member of the Registered Insurance Brokers of Ontario; (“agent”) “Authority” means the Financial Services Regulatory Authority of Ontario continued under subsection 2 (1) of the Financial Services Regulatory Authority of Ontario Act, 2016; (“Autorité”) “Authority rule” means a rule made under subsection 121.0.1 (1); (“règle de l’Autorité”) “automobile” includes a trolley bus and a self-propelled vehicle, and the trailers, accessories and equipment of automobiles, but does not include railway rolling stock that runs on rails, watercraft or aircraft; (“automobile”) “broker” means an insurance broker within the meaning of the Registered Insurance Brokers Act; (“courtier”) “cash-mutual corporation” means a corporation without share capital that is empowered to undertake insurance on both the cash plan and the mutual plan; (“société mutuelle au comptant”) “chief agency” means the principal office or place of business in Ontario of any licensed insurer having its head office out of Ontario; (“agence principale”) “Chief Executive Officer” means the Chief Executive Officer appointed under subsection 10 (2) of the Financial Services Regulatory Authority of Ontario Act, 2016; (“directeur général de l’Autorité”) “Commission” means the former Financial Services Commission of Ontario that was established under the repealed Financial Services Commission of Ontario Act, 1997; (“Commission”) “compensation association” means a body corporate or unincorporated association the purpose of which is to provide compensation to claimants and policyholders of insolvent insurers and that has been designated under the regulations as a compensation association; (“association d’indemnisation”) “contract” means a contract of insurance, and includes a policy, certificate, interim receipt, renewal receipt, or writing evidencing the contract, whether sealed or not, and a binding oral agreement; (“contrat”) “debt obligation” means a bond, debenture, note or other evidence of indebtedness, whether the debt is secured or unsecured; (“titre de créance”) “due application” includes such information, evidence and material as the Chief Executive Officer requires to be furnished and the payment of the fees established by the Minister in respect of any application, certificate or document required or issued by virtue of this Act; (“demande régulière”) “entity” includes a corporation, trust, partnership, fund, unincorporated association or organization, the Crown, a Crown agency, the government of a foreign country or of a political subdivision of a foreign country and any agency of that government; (“entité”) “exchange” or “reciprocal insurance exchange” means a group of subscribers exchanging reciprocal contracts of indemnity or insurance with each other through the same attorney; (“bourse” ou “bourse d’assurance réciproque”) “financial institution” means, (a)  an insurer that is incorporated or organized under the laws of Canada or of any province of Canada, (b)  a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada), (c)  a loan or trust corporation incorporated or organized under the laws of Canada or any province of Canada, (d)  an entity that, (i)  is incorporated or organized under the laws of Canada or of any province of Canada, and (ii)  primarily engages in dealing in securities, including portfolio management and investment counselling, (e)  a credit union or caisse populaire incorporated under the laws of any province of Canada or an association to which the Cooperative Credit Associations Act (Canada) applies, (f)  an entity that is prescribed or is a member of a class that is prescribed; (“institution financière”) “foreign jurisdiction” means a jurisdiction other than Ontario; (“ressort étranger”) “fraternal society” means a society, order or association incorporated for the purpose of making with its members only, and not for profit, contracts of life insurance or accident and sickness insurance in accordance with its constitution, by-laws and rules and this Act; (“société fraternelle”) “governing executive authority” means the executive committee, executive board, management committee, grand executive committee or such other board, committee or body as is charged under the constitution and rules of a fraternal society with its general management between general meetings; (“organe de direction”) “head office” means the place where the chief executive officer of an insurer transacts business; (“siège social”) “insurance” means the undertaking by one person to indemnify another person against loss or liability for loss in respect of a certain risk or peril to which the object of the insurance may be exposed, or to pay a sum of money or other thing of value upon the happening of a certain event, and includes life insurance; (“assurance”) “insurance fund” or “insurance funds”, as applied to a fraternal society or as applied to a corporation not incorporated exclusively for the transaction of insurance, includes all money, securities for money and assets appropriated by the rules of the society or corporation to the payment of insurance liabilities or appropriated for the management of the insurance branch or department or division of the society, or otherwise legally available for insurance liabilities, but does not include funds of a trade union appropriated to or applicable for the voluntary assistance of wage earners unemployed or upon strike; (“fonds d’assurance”) “insurance money” means the amount payable by an insurer under a contract, and includes all benefits, surplus, profits, dividends, bonuses, and annuities payable under the contract; (“sommes assurées”) “insurance on the cash plan” means any insurance that is not mutual insurance; (“assurance au comptant”) “insurer” means the person who undertakes or agrees or offers to undertake a contract; (“assureur”) “lodge” includes a primary subordinate division, by whatever name known, of a fraternal society; (“loge”) “Minister” means the Minister of Finance; (“ministre”) “motor vehicle liability policy” means a policy or part of a policy evidencing a contract insuring, (a)  the owner or driver of an automobile, or (b)  a person who is not the owner or driver thereof where the automobile is being used or operated by that person’s employee or agent or any other person on that person’s behalf, against liability arising out of bodily injury to or the death of a person or loss or damage to property caused by an automobile or the use or operation thereof; (“police de responsabilité automobile”) “mutual benefit society” means a mutual corporation formed for the purpose of providing insurance against sickness, disability or death for its members, or for these and any other purposes necessary or incidental thereto except life insurance, but does not include a pension fund or employees’ mutual benefit society incorporated under or subject to the Corporations Act; (“société de secours mutuel”) “mutual corporation” means a corporation without share capital that is empowered to undertake mutual insurance exclusively; (“société mutuelle”) “mutual insurance” means a contract of insurance in which the consideration is not fixed or certain at the time the contract is made and is to be determined at the termination of the contract or at fixed periods during the term of the contract according to the experience of the insurer in respect of all similar contracts, whether or not the maximum amount of such consideration is predetermined; (“assurance mutuelle”) “non-owner’s policy” means a motor vehicle liability policy insuring a person solely in respect of the use or operation by that person or on that person’s behalf of an automobile that is not owned by that person; (“police de non-propriétaire”) “officer” includes a trustee, director, manager, treasurer, secretary or member of the board or committee of management of an insurer and a person appointed by the insurer to sue and be sued in its behalf; (“dirigeant”) “owner’s policy” means a motor vehicle liability policy insuring a person in respect of the ownership, use or operation of an automobile owned by that person and within the description or definition thereof in the policy and, if the contract so provides, in respect of the use or operation of any other automobile; (“police de propriétaire”) “paid in”, when applied to the capital stock of an insurer or to any shares thereof, means the amount paid to the insurer on its shares, not including the premium, if any, paid thereon, whether such shares are or are not fully paid; (“versé”) “paid up”, when applied to the capital stock of an insurer or to any shares thereof, means the capital stock or shares on which there remains no liability, actual or contingent, to the issuing insurer; (“libéré”) “participating share” means a share of a corporation that carries the right to participate in the earnings of the corporation to an unlimited degree and to participate in a distribution of the remaining property of the corporation on dissolution; (“action participante”) “policy” means the instrument evidencing a contract; (“police”) “premium” means the single or periodical payment under a contract for insurance, and includes dues, assessments, administration fees paid for the administration or servicing of such contract, and other considerations; (“prime”) “premium note” means an instrument given as consideration for insurance whereby the maker undertakes to pay such sum or sums as may be legally demanded by the insurer, but the aggregate of which sums does not exceed an amount specified in the instrument; (“billet de souscription”) “property” includes profits, earnings and other pecuniary interests, and expenditure for rents, interest, taxes and other outgoings and charges and in respect of inability to occupy the insured premises, but only to the extent of express provision in the contract; (“biens”) “rate”, in relation to automobile insurance, means all amounts payable under contracts of automobile insurance for an identified risk whether expressed in dollar terms or in some other manner and includes commissions, surcharges, fees, discounts, rebates and dividends; (“taux”) “regulations” means the regulations made under this Act; (“règlements”) “risk classification system”, in relation to automobile insurance, means the elements used for the purpose of classifying risks in the determination of rates for a coverage or category of automobile insurance, including the variables, criteria, rules and procedures used for that purpose; (“système de classement des risques”) “security” means, when used to refer to a form of investment, (a)  a share of any class of shares of a corporation or a debt obligation of a corporation, and includes a warrant of a corporation, but does not include a deposit with a financial institution, any instrument evidencing a deposit with a financial institution or a policy, or (b)  any ownership interest in or debt obligation of an unincorporated entity, but does not include a policy; (“titre”or “valeur mobilière”) “security interest” means an interest in or charge upon property by way of mortgage, hypothec, pledge or otherwise, to secure the payment of a debt or the performance of another obligation; (“sûreté”) “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)  are not married to each other and live together in a conjugal relationship outside marriage; (“conjoint”) “Superintendent” means the former position of Superintendent of Financial Services under the repealed Financial Services Commission of Ontario Act, 1997. (“surintendent”) “Tribunal” means the Financial Services Tribunal continued under the Financial Services Tribunal Act, 2017; (“Tribunal”) “upon proof”, as applied to any matter connected with the licensing of an insurer or other person, means upon proof to the satisfaction of the Chief Executive Officer; (“sur preuve”) “voting share” means a share of a corporation carrying voting rights under all circumstances or by reason of an event that has occurred and is continuing or by reason of a condition that has been fulfilled. (“action avec droit de vote”)  R.S.O. 1990, c. I.8, s. 1; 1993, c. 10, s. 2; 1994, c. 11, s. 336; 1996, c. 21, s. 1; 1997, c. 19, s. 10 (1); 1997, c. 28, s. 64; 1999, c. 6, s. 31 (1); 1999, c. 12, Sched. I, s. 4 (1, 2); 2002, c. 18, Sched. H, s. 4 (1-4); 2004, c. 8, s. 46; 2004, c. 31, Sched. 20, s. 1; 2005, c. 5, s. 35 (1, 2); 2006, c. 33, Sched. O, s. 1; 2014, c. 9, Sched. 3, s. 1; 2017, c. 34, Sched. 17, s. 22; 2018, c. 8, Sched. 13, s. 1, 22; 2019, c. 14, Sched. 9, s. 1; 2020, c. 34, Sched. 7, s. 1; 2020, c. 36, Sched. 14, s. 8 (1). Section Amendments with date in force (d/m/y) 1993, c. 10, s. 2 - 01/01/1994; 1994, c. 11, s. 336 - 01/02/1995; 1996, c. 21, s. 1 - 01/11/1996; 1997, c. 19, s. 10 (1) - 10/10/1997; 1997, c. 28, s. 64 - 01/07/1998; 1999, c. 6, s. 31 (1) - 01/03/2000; 1999, c. 12, Sched. I, s. 4 (1) - 01/01/2001; 1999, c. 12, Sched. I, s. 4 (2) - 22/12/1999 2002, c. 18, Sched. H, s. 4 (1-4) - 30/04/2007 2004, c. 8, s. 46 - 01/11/2005; 2004, c. 31, Sched. 20, s. 1 - 16/12/2004 2005, c. 5, s. 35 (1, 2) - 09/03/2005 2006, c. 33, Sched. O, s. 1 - 05/05/2008 2014, c. 9, Sched. 3, s. 1 - 01/04/2016 2017, c. 34, Sched. 17, s. 22 - 01/04/2019; 2017, c. 34, Sched. 21, s. 1 - no effect - see 2018, c. 8, Sched. 13, s. 26 - 08/05/2018 2018, c. 8, Sched. 13, s. 1, 22 - 08/06/2019 2019, c. 14, Sched. 9, s. 1 - 10/12/2019 2020, c. 34, Sched.7, s. 1 - 08/12/2020; 2020, c. 36, Sched. 14, s. 8 (1) - 08/12/2020 PART I 
GENERAL Organization 2-5 Repealed:  1997, c. 28, s. 66. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 66 - 01/07/1998