jswizzle3737/ontario_laws_and_regs huggingface dataset:
1 (1) In this Act, “authorized rate” means, in respect of a contract of automobile insurance, the rate the insurer is authorized under this Act to charge on the issue or renewal of the contract; (“taux autorisé”) “insurer” means a person who undertakes or agrees or offers to undertake a contract of automobile insurance and includes the Facility Association. (“assureur”) 2003, c. 9, s. 1; 2005, c. 31, Sched. 2, s. 1; 2013, c. 2, Sched. 1, s. 1 (1). Interpretation (2) Expressions used in this Act have the same meaning as in the Insurance Act, unless the context requires otherwise. 2013, c. 2, Sched. 1, s. 1 (2). Section Amendments with date in force (d/m/y) 2005, c. 31, Sched. 2, s. 1 - 15/12/2005 2013, c. 2, Sched. 1, s. 1 (1, 2) - 16/08/2013
2 (1) This Act applies to insurers and contracts of automobile insurance, but only with respect to the Personal Vehicles — Private Passenger Automobile category of automobile insurance. 2013, c. 2, Sched. 1, s. 2 (1). Same (2) This Act does not apply to an insurer in respect of any category or coverage of automobile insurance for which the insurer is not required to make an application for approval under section 410 of the Insurance Act by reason of an exemption granted under subsection 413 (1) of that Act.  2003, c. 9, s. 2 (2). (3) Repealed: 2013, c. 2, Sched. 1, s. 2 (2). Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 1, s. 2 (1, 2) - 16/08/2013
4 (1) No insurer shall apply to the Chief Executive Officer under section 410 of the Insurance Act for approval of a risk classification system or rates for the Personal Vehicles — Private Passenger Automobile category of automobile insurance. 2013, c. 2, Sched. 1, s. 5; 2018, c. 17, Sched. 4, s. 1. Same (2) No insurer shall submit or resubmit an application to the Chief Executive Officer under subsection 411 (5) of the Insurance Act for approval of a risk classification system or rates for the Personal Vehicles — Private Passenger Automobile category of automobile insurance. 2013, c. 2, Sched. 1, s. 5; 2018, c. 17, Sched. 4, s. 1. Suspension of approvals (3) The Chief Executive Officer shall not approve an application under section 410 of the Insurance Act, or an application submitted or resubmitted under subsection 411 (5) of that Act, for approval of a risk classification system or rates for the Personal Vehicles — Private Passenger Automobile category of automobile insurance. 2013, c. 2, Sched. 1, s. 5; 2018, c. 17, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 1, s. 5 - 16/08/2013 2018, c. 17, Sched. 4, s. 1 - 08/06/2019 5 Repealed: 2013, c. 2, Sched. 1, s. 6. Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 1, s. 6 - 16/08/2013 6 Repealed: 2013, c. 2, Sched. 1, s. 6. Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 1, s. 6 - 16/08/2013
7.1 (1) The Chief Executive Officer may notify an insurer that the Chief Executive Officer intends to make an order with respect to the risk classification system or rates for any coverage for the Personal Vehicles — Private Passenger Automobile category of automobile insurance of the insurer if, in the Chief Executive Officer’s opinion, (a) the current risk classification system or current rate is not just and reasonable in the circumstances; (b) the current risk classification system is not reasonably predictive of risk or does not distinguish fairly between risks; (c) the current rates would impair the insurer’s solvency; or (d) the current rates are excessive in relation to the insurer’s financial circumstances. 2013, c. 2, Sched. 1, s. 8; 2018, c. 17, Sched. 4, s. 1, 2. Written submissions (2) The Chief Executive Officer shall give the insurer an opportunity to make written submissions with respect to the matter. 2013, c. 2, Sched. 1, s. 8; 2018, c. 17, Sched. 4, s. 1. Orders (3) After considering the written submissions, if any, the Chief Executive Officer may make the order described in the notice, may make a revised order or may instead make an order under subsection 7 (1). 2013, c. 2, Sched. 1, s. 8; 2018, c. 17, Sched. 4, s. 1. Order final (4) An order of the Chief Executive Officer under subsection (3) is final for all purposes. 2013, c. 2, Sched. 1, s. 8; 2018, c. 17, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 1, s. 8 - 16/08/2013 2018, c. 17, Sched. 4, s. 1, 2 - 08/06/2019
8 For the Personal Vehicles — Private Passenger Automobile category of automobile insurance, no insurer shall charge a rate other than the authorized rate. 2013, c. 2, Sched. 1, s. 9. Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 1, s. 9 - 16/08/2013
9 After the repeal of subsection 4 (1) under section 14, the rates and risk classification system of an insurer as approved under this Act shall, for the purposes of sections 410, 411, 412, 415 and 417 of the Insurance Act, be deemed to be the rates and risk classification systems approved for use by the insurer under the Insurance Act.  2003, c. 9, s. 9; 2013, c. 2, Sched. 1, s. 10. Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 1, s. 10 - 16/08/2013
10 The Chief Executive Officer may examine and investigate the affairs of an insurer to determine if the insurer is committing any act or pursuing a course of conduct that is a contravention of this Act or that might reasonably be expected to result in a situation that would constitute a contravention of this Act.  2003, c. 9, s. 10; 2018, c. 17, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 4, s. 1 - 08/06/2019
11 (1) If, in the opinion of the Chief Executive Officer, an insurer is committing any act or pursuing a course of conduct that is a contravention of this Act or that might reasonably be expected to result in a situation that would constitute a contravention of this Act, the Chief Executive Officer may, without giving prior notice, make an order to take effect immediately on its making, (a) requiring the insurer to cease doing or to refrain from doing any act or pursuing any course of conduct identified by the Chief Executive Officer; (b) requiring the insurer to perform any act that, in the opinion of the Chief Executive Officer, is necessary to remedy the situation, including requiring an insurer to reimburse an insured in respect of any excess premium paid by the insured to the insurer by reason of the insurer’s contravention of this Act; or (c) suspending or cancelling the insurer’s licence under the Insurance Act.  2003, c. 9, s. 11 (1); 2018, c. 17, Sched. 4, s. 1. Reconsideration at request of insurer (2) At the request of an insurer that is the subject of an order under this section, the Chief Executive Officer shall, after giving the insurer an opportunity to make written submissions, reconsider the order.  2003, c. 9, s. 11 (2); 2018, c. 17, Sched. 4, s. 1. Chief Executive Officer’s powers (3) After reconsidering an order under this section, the Chief Executive Officer shall confirm, modify or revoke the order.  2003, c. 9, s. 11 (3); 2018, c. 17, Sched. 4, s. 1. Order final (4) An order under this section may be reconsidered at the request of the insurer only once and, subject to the decision of the Chief Executive Officer after a reconsideration under subsection (2), is final for all purposes.  2003, c. 9, s. 11 (4); 2018, c. 17, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2018, c. 17, Sched. 4, s. 1 - 08/06/2019
11.1 In sections 11.2 to 11.7, “requirement established under this Act” means, (a) a requirement imposed by a provision of this Act that is prescribed for the purpose of section 11.3 or 11.4, (b) a requirement imposed by order, or (c) an obligation assumed by way of undertaking. 2012, c. 8, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 2, s. 1 - 01/01/2013
11.2 (1) An administrative penalty may be imposed under section 11.3 or 11.4 for either of the following purposes: 1. To promote compliance with the requirements established under this Act. 2. To prevent a person from deriving, directly or indirectly, any economic benefit as a result of contravening or failing to comply with a requirement established under this Act. 2012, c. 8, Sched. 2, s. 1. Same (2) An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this Act, including an order under section 11. 2012, c. 8, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 2, s. 1 - 01/01/2013
11.3 (1) If the Chief Executive Officer is satisfied that an insurer is contravening or not complying with or has contravened or failed to comply with any of the following, the Chief Executive Officer may, by order, impose an administrative penalty on the insurer in accordance with this section and the regulations: 1. A provision of this Act as may be prescribed. 2. A requirement or obligation described in clause (b) or (c) of the definition of “requirement established under this Act” in section 11.1. 2012, c. 8, Sched. 2, s. 1; 2018, c. 17, Sched. 4, s. 1. Procedure (2) If the Chief Executive Officer proposes to impose an administrative penalty under subsection (1), the procedure set out in section 441.3 of the Insurance Act applies, with necessary modifications. 2012, c. 8, Sched. 2, s. 1; 2018, c. 17, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 2, s. 1 - 01/01/2013 2018, c. 17, Sched. 4, s. 1 - 08/06/2019
11.4 (1) If the Chief Executive Officer is satisfied that an insurer is contravening or not complying with or has contravened or failed to comply with a provision of this Act as may be prescribed, the Chief Executive Officer may, by order, impose an administrative penalty on the insurer in accordance with this section and the regulations. 2012, c. 8, Sched. 2, s. 1; 2018, c. 17, Sched. 4, s. 1. Procedure (2) The procedure set out in section 441.4 of the Insurance Act applies, with necessary modifications, to the imposition of an administrative penalty under subsection (1). 2012, c. 8, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 2, s. 1 - 01/01/2013 2018, c. 17, Sched. 4, s. 1 - 08/06/2019
11.5 (1) An administrative penalty imposed on an insurer under section 11.3 shall not exceed $200,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act. 2012, c. 8, Sched. 2, s. 1. Same (2) An administrative penalty imposed on an insurer under section 11.4 shall not exceed $25,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act. 2012, c. 8, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 2, s. 1 - 01/01/2013
11.6 Section 441.6 of the Insurance Act applies, with necessary modifications, with respect to the payment and enforcement of administrative penalties imposed under this Act. 2012, c. 8, Sched. 2, s. 1. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 2, s. 1 - 01/01/2013
11.7 The Lieutenant Governor in Council may make regulations governing the administrative penalties that may be imposed under sections 11.3 and 11.4 and, without limiting the generality of the foregoing, may make regulations, (a) prescribing provisions of this Act for the purposes of sections 11.3 and 11.4; (b) prescribing criteria the Chief Executive Officer is required or permitted to consider when imposing a penalty under section 11.3 or 11.4; (c) prescribing the amount of a penalty, or the method for calculating the amount of a penalty, and prescribing different penalties or ranges of penalties for different types of contraventions or failures to comply; (d) authorizing the Chief Executive Officer to determine the amount of a penalty, if the amount of the penalty or the method for calculating the amount of the penalty is not prescribed, and prescribing criteria the Chief Executive Officer is required or permitted to consider when determining the amount of the penalty; (e) authorizing a penalty to be imposed for each day or part of a day on which a contravention or failure to comply continues; (f) authorizing higher penalties (not to exceed the maximum penalty established under section 11.5 or prescribed under clause (j)) for a second or subsequent contravention or failure to comply by an insurer; (g) governing the manner of paying the penalties; (h) requiring that a penalty be paid before a specified deadline or before a deadline specified by the Chief Executive Officer; (i) authorizing the imposition of late payment fees respecting penalties that are not paid before the deadline, including graduated late payment fees; (j) prescribing lesser maximum administrative penalties and the requirements established under this Act to which the lesser maximum penalties apply for the purpose of subsection 11.5 (1) or (2). 2012, c. 8, Sched. 2, s. 1; 2018, c. 17, Sched. 4, s. 1. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 2, s. 1 - 01/01/2013 2018, c. 17, Sched. 4, s. 1 - 08/06/2019
12 (1) Every insurer that does any of the following is guilty of an offence and on conviction is liable on a first conviction to a fine of not more than $250,000 and on each subsequent conviction to a fine of not more than $500,000: 1. Contravenes subsection 3 (1) or 7 (3) or section 8. 2. Fails to comply with an order of the Chief Executive Officer made under section 11. 3. Directly or indirectly furnishes false, misleading or incomplete information, material or evidence to the Chief Executive Officer under this Act.  2003, c. 9, s. 12 (1); 2012, c. 8, Sched. 2, s. 2; 2013, c. 2, Sched. 1, s. 11; 2018, c. 17, Sched. 4, s. 1. Derivative offence (2) Every director, officer and chief agent of an insurer is guilty of an offence who, (a) causes, authorizes, permits or participates in the insurer committing an offence under this Act; or (b) fails to take reasonable care to prevent the insurer from committing an offence under this Act.  2003, c. 9, s. 12 (2). Penalty on derivative offence (3) A person who is guilty of an offence under subsection (2) is liable on a first conviction to a fine of not more than $100,000 and on each subsequent conviction to a fine of not more than $200,000, whether the insurer is prosecuted for or convicted of an offence.  2003, c. 9, s. 12 (3). Restitution (4) If a person is convicted of an offence under this Act, the court making the conviction may, in addition to any other penalty, order the person convicted to make compensation or restitution in relation to the offence.  2003, c. 9, s. 12 (4). Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 2, s. 2 - 01/01/2013 2013, c. 2, Sched. 1, s. 11 - 16/08/2013 2018, c. 17, Sched. 4, s. 1 - 08/06/2019
13 Section 33 of the Insurance Act applies to documents required or permitted to be submitted under this Act and to orders made under this Act.  2003, c. 9, s. 13. Repeal 14 (1) This Act is repealed on a day to be named by proclamation of the Lieutenant Governor. 2003, c. 9, s. 14 (1). Same (2) Any proclamation referred to in subsection (1) may apply to the whole or any part or parts or portion or portions or section or sections of this Act, and proclamations may be issued at different times as to any part or parts or portion or portions or section or sections of this Act. 2003, c. 9, s. 14 (2). 15 Omitted (provides for coming into force of provisions of this Act).  2003, c. 9, s. 15. 16 Omitted (enacts short title of this Act).  2003, c. 9, s. 16. ______________  Français