16. (1) Insurers are prohibited from using elements of a risk classification system described in this section in classifying risks for any coverage or category of automobile insurance.  O. Reg. 780/93, s. 8 (1). (2) No element of a risk classification system shall use past claims arising out of accidents occurring on or after September 1, 2010 for which an insured person was 25 per cent or less at fault.  O. Reg. 36/10, s. 4. (3) No element of a risk classification system shall use the existence or non-existence of a medical, surgical, dental or hospitalization plan or any other arrangement or plan providing coverage to a person who would be an insured person under the contract for services and treatment that the insurer would otherwise be required to pay for under the Statutory Accident Benefits Schedule.  R.R.O. 1990, Reg. 664, s. 16 (3); O. Reg. 780/93, ss. 1, 8 (3). (4) No element of a risk classification system shall use the existence or non-existence of an income continuation plan, a sick leave plan or any other arrangement or plan providing coverage to a person who would be an insured person under the contract for benefits that the insurer would otherwise be required to pay for under the Statutory Accident Benefits Schedule.  R.R.O. 1990, Reg. 664, s. 16 (4); O. Reg. 780/93, ss. 1, 8 (4). (4.1) No element of a risk classification system shall use a lapse in automobile insurance coverage unless, (a) the insured person contravened section 2 of the Compulsory Automobile Insurance Act
during the lapse in coverage; or (b) the lapse of coverage resulted directly or indirectly from, (i) the termination of a policy of automobile insurance as a result of the insured person’s failure to pay the premiums due under the policy, (ii) the suspension of the insured person’s driver’s licence as a result of a conviction for an offence related to the use or operation of an automobile, or (iii) an accident or a conviction for an offence related to the use or operation of an automobile, if the insured person did not inform the insurer of the accident or conviction and the accident or conviction would likely have led to the insured person being charged a higher premium.  O. Reg. 464/96, s. 7 (2). (4.2) Except as permitted under subsection (4.3) or (5), no element of a risk classification system shall use any of the following factors: 1. The level of income of a person who would be an insured person under the contract. 2. The employment history of a person who would be an insured person under the contract. 3. The occupation, profession or employment circumstances of a person who would be an insured person under the contract, unless the contract is in respect of a commercial vehicle or a public vehicle or a vehicle used in the course of carrying on a business, trade or profession. 4. The fact whether a person who would be an insured person under the contract has a credit card. 5. The credit history of a person who would be an insured person under the contract. 6. The credit rating of a person who would be an insured person under the contract. 7. The fact whether a person who would be an insured person under the contract is bankrupt or has a history of bankruptcy. 8. The residence history of a person who would be an insured person under the contract. 9. The fact whether a person who would be an insured person under the contract owns a home. 10. The gross or net worth of a person who would be an insured person under the contract. 11. The indebtedness of a person who would be an insured person under the contract. 12. The fact whether a person who would be an insured person under the contract has made premium payments that were late or dishonoured in respect of a contract of automobile insurance that was not terminated by reason of the late or dishonoured payments. 13. A minor accident that occurred on or after June 1, 2016. O. Reg. 46/05, s. 2; O. Reg. 250/15, s. 4 (1, 2). (4.3) The factor described in paragraph 13 of subsection (4.2) may be used in an element of a risk classification system if, within the previous three years, any automobiles that were or would be covered by the contract of automobile insurance were involved in a total of more than one minor accident and, in any of those accidents, the driver of that automobile was at fault. O. Reg. 250/15, s. 4 (3). (4.4) For the purposes of subsections (4.2) and (4.3), an accident is a minor accident if all of the following circumstances exist: 1. The cost of damage to each automobile, including any associated property damage, did not exceed $2,000 and the cost of all such damages was paid by or on behalf of the driver who was at fault. 2. No personal injuries were sustained as a result of the accident. 3. No payment was made by any insurer with respect to damage to any automobile or property resulting from the accident. O. Reg. 250/15, s. 4 (3). (5) Membership in an organized group shall not be used as an element of a risk classification system unless the group consists of no fewer than 100 members other than associate members of the group, a group marketing plan has been entered into that meets the requirements of section 17 and the group is, (a) a trade union, a professional or occupational association or an alumni association; (b) a non-profit entity that has been in existence for at least 24 months; (c) a group of employees of the same employer; or (d) a group of members of a credit union that satisfies the requirements of subsection (7).  O. Reg. 275/03, s. 7. (6) An organization formed primarily for the purpose of purchasing or providing goods or services does not constitute a non-profit entity for the purposes of clause (5) (b).  O. Reg. 275/03, s. 7. (7) A group of members of a credit union constitute an organized group for the purposes of clause (5) (d) if the following rules are satisfied: 1. The bond of association in respect of the credit union for the purposes of subsection 32 (1) of the Credit Unions and Caisses Populaires Act, 2020 is a common bond of occupation or association. 2. The members of the credit union who belong to the group are, i. employees of the same employer, ii. members of the same trade union, or iii. members of the same professional or occupational association. 3. The group of members does not include any person admitted to the credit union who does not come within the common bond of association described in paragraph 1, unless the person is an associate member of the group under subsection (8), (9) or (10).  O. Reg. 275/03, s. 7; O. Reg. 121/22, s. 1 (1). (8) Despite paragraph 2 of subsection (7), the following persons may be included in an organized group described in clause (5) (d) in respect of a particular credit union, but only as associate members of the group: 1. Employees of the credit union. 2. Retired employees of the credit union who receive or are entitled to receive retirement benefits from the credit union.  O. Reg. 275/03, s. 7. (9) Retired employees of the same employer who receive or are entitled to receive retirement benefits from the employer may be included in a group referred to in clause (5) (c) or subparagraph 2 i of subsection (7), but only as associate members of the group.  O. Reg. 275/03, s. 7. (10) Each of the following persons may be included in a group referred to in clause (5) (a), (b), (c) or (d), but only as an associate member of the group: 1. The spouse of a member or associate member of the group. 2. A person under 25 years of age who is a child of a member or associate member of the group or of the spouse of a member or associate member of the group and, i. resides in the same dwelling as the member or associate member, or the spouse of the member or associate member, as the case may be, or ii. attends an educational institution on a full-time basis. 3. The spouse of a child described in paragraph 2.  O. Reg. 275/03, s. 7; O. Reg. 316/05, s. 1 (1-4). (11) A risk classification system shall not include an element that results in the exclusion of a member or associate member of an organized group referred to in subsection (5) for the purposes of risk classification if, (a) the insurance is sold under a group marketing plan within the meaning of section 17; and (b) coverage is for a private passenger vehicle within the meaning of the Plan of Operation established by the Facility Association under subsection 7 (3) of the Compulsory Automobile Insurance Act.  O. Reg. 275/03, s. 7. (12) No element of a risk classification system shall result in a change in the classification of an insured before the next renewal date of the insured’s policy because, (a) a group marketing plan within the meaning of section 17 terminates; or (b) the insured ceases to be a member or associate member of an organized group referred to in subsection (5).  O. Reg. 275/03, s. 7. (13) Subject to subsection (12), no element of a risk classification system that uses membership in an organized group referred to in subsection (5) shall apply to an insured who ceases to be a member or associate member of the group.  O. Reg. 275/03, s. 7. (14) An organized group that met the requirements of this section and section 17 as they read on September 30, 2003 shall be deemed to meet the requirements of this section and section 17 after that day if, (a) membership in the group was an element of a risk classification system before October 1, 2003; and (b) a group marketing plan has been entered into that meets the requirements of section 17.  O. Reg. 275/03, s. 7. (15) In this section, “credit union” means a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 2020; (“caisse populaire”) “spouse” has the same meaning as in Part VI of the Act. (“conjoint”)  O. Reg. 275/03, s. 7; O. Reg. 316/05, s. 1 (5); O. Reg. 121/22, s. 1 (2). Group Marketing Plans