31.
 31. (1) The insurer is not required to pay an income replacement benefit, a non-earner benefit or a benefit under section 21, 22 or 23, (a)  in respect of a person who was the driver of an automobile at the time of the accident, (i)  if the driver knew or ought reasonably to have known that he or she was operating the automobile while it was not insured under a motor vehicle liability policy, (ii)  if the driver was driving the automobile without a valid driver’s licence, (iii)  if the driver is an excluded driver under the contract of automobile insurance, or (iv)  if the driver knew or ought reasonably to have known that he or she was operating the automobile without the owner’s consent; (b)  in respect of any person who has made, or who knows of, a material misrepresentation that induced the insurer to enter into the contract of automobile insurance or who intentionally failed to notify the insurer of a change in a risk material to the contract; (c)  in respect of an occupant of an automobile at the time of the accident who knew or ought reasonably to have known that the driver was operating the automobile without the owner’s consent; (d)  in respect of a person who, at the time of the accident, (i)  was engaged in an act for which the person is convicted of a criminal offence, or (ii)  was an occupant of an automobile that was being used in connection with an act for which the person is convicted of a criminal offence; (e)  in respect of a person who is convicted of an offence under section 320.15 of the Criminal Code (Canada) of failing to comply with a lawful demand to provide a breath sample or a sample of a bodily substance, perform physical coordination tests or submit to an evaluation in connection with the accident; or (f)  in respect of a person who was convicted of an offence under section 254 of the Criminal Code
(Canada), as it read before December 18, 2018, of failing to comply with a lawful demand to provide a breath sample or a sample of a bodily substance, perform physical coordination tests or submit to an evaluation in connection with the accident. O. Reg. 34/10, s. 31 (1); O. Reg. 444/18, s. 1 (1, 2). (2) Clause (1) (c) does not prevent an excluded driver or any other occupant of an automobile driven by the excluded driver from recovering accident benefits under a motor vehicle liability policy in respect of which the excluded driver or other occupant is a named insured.  O. Reg. 34/10, s. 31 (2). (3) The insurer shall hold in trust any amounts payable as an income replacement benefit, a non-earner benefit or a benefit under section 21, 22 or 23 to a person who sustains an impairment as a result of an accident if, (a)  at the time of the accident, the person was engaged in, or was an occupant of an automobile that was being used in connection with, an act for which the person is charged with a criminal offence; (b)  the person is charged with an offence under section 320.15 of the Criminal Code
(Canada) of failing to comply with a lawful demand to provide a breath sample or a sample of a bodily substance, perform physical coordination tests or submit to an evaluation in connection with the accident; or (c)  the person is charged with an offence under section 254 of the Criminal Code
(Canada), as it read before December 18, 2018, of failing to comply with a lawful demand to provide a breath sample or a sample of a bodily substance, perform physical coordination tests or submit to an evaluation in connection with the accident. O. Reg. 34/10, s. 31 (3); O. Reg. 444/18, s. 1 (3, 4). (4) On the final disposition of all charges described in clause (3) (a) or (b), the amounts and any income on the amounts described in subsection (3), (a)  shall be returned to the insurer, if the person is found guilty of the offence or an included offence; or (b)  shall be paid to the person entitled to the payment, if the person is not found guilty of the offence and an included offence.  O. Reg. 34/10, s. 31 (4). (5) In this section, “criminal offence” means, (a)  operating an automobile while the ability to operate the automobile is impaired by alcohol or a drug or a combination of alcohol and a drug, (b)  operating an automobile while the concentration of alcohol or drug in the operator’s blood exceeds the limit permitted by law, (c)  failing to comply with a lawful demand to provide a breath sample or a sample of a bodily substance, perform physical coordination tests or submit to an evaluation, or (d)  any other criminal offence, whether or not the offence is related to the operation of an automobile. O. Reg. 444/18, s. 1 (5). PART VIII   PROCEDURES FOR CLAIMING BENEFITS General