jswizzle3737/ontario_laws_and_regs huggingface dataset:
1. In this Regulation, “commercial vehicle” means an automobile used primarily to transport materials, goods, tools or equipment in connection with the insured’s occupation, and includes a police department vehicle, a fire department vehicle, a driver training vehicle, a vehicle designed specifically for construction or maintenance purposes, a vehicle rented for thirty days or less, or a trailer intended for use with a commercial vehicle; (“véhicule utilitaire”) “fleet” means a group of not fewer than five automobiles that meets the following requirements: 1. At least five of the automobiles in the group are commercial vehicles, public vehicles or vehicles used for business purposes. 2. The automobiles in the group are, i. under common ownership or management, and any automobiles in the group that are subject to a lease agreement for a period in excess of 30 days are leased to the same insured person, or ii. available for hire through a common online-enabled application or system for the pre-arrangement of transportation, and insured under a contract of automobile insurance in which the automobile owner or lessee, as the case may be, has coverage as an insured named in the contract; (“parc automobile”) “public vehicle” means an automobile used primarily to provide transportation services to the public, and includes an ambulance, bus, funeral vehicle, limousine or taxi. (“véhicule public”)  O. Reg. 780/93, s. 2; O. Reg. 275/03, s. 1; O. Reg. 43/16, s. 1; O. Reg. 252/16, s. 1.
2. Revoked:  O. Reg. 391/02, s. 1. Monthly Premium Payments (Section 234 of the Act)
3. (1) This section applies with respect to statutory condition 3 as set out in the Schedule to Ontario Regulation 777/93.  O. Reg. 780/93, s. 3 (1). (2) An insurer is not required to permit an insured to pay the premium in instalments unless all of the following conditions are met: 1. The insurer, together with its affiliates, insured at least 10,000 private passenger automobiles in Ontario during the previous year. 2. The contract is written on Ontario Automobile Policy 1 or Ontario Policy Form 2. 3. The contract does not insure a commercial vehicle or public vehicle. 4. The contract does not insure five or more vehicles that are under common ownership or management. 5. The total annual premium payable under the contract exceeds $300. 6. The insured has not had more than one automobile insurance policy terminated by an insurer for non-payment of the premium during the thirty-six months before the contract takes effect.  O. Reg. 780/93, s. 3 (1); O. Reg. 464/96, s. 2. (3) Revoked:  O. Reg. 780/93, s. 3 (1). (4) As a precondition for permitting an insured to pay the premium in instalments, an insurer may require that the insured, (a) make an initial payment equal to two monthly instalments of the premium; and (b) agree to make all payments under the contract by pre-authorized payment from the insured’s account at a financial institution.  R.R.O. 1990, Reg. 664, s. 3 (4). (5) Revoked: O. Reg. 250/15, s. 1 (1). (5.1) The maximum interest rate that an insurer may charge for instalment payments in respect of a contract entered into or renewed before June 1, 2016 is, (a) 3 per cent of the total premium payable under the contract, if the term of the contract is twelve months or more; (b) 1.5 per cent of the total premium payable under the contract, if the term of the contract is six months or more but less than twelve months; and (c) 0.5 per cent of the total premium payable under the contract, if the term of the contract is less than six months.  O. Reg. 780/93, s. 3 (3); O. Reg. 250/15, s. 1 (2). (5.2) The maximum interest rate that an insurer may charge for instalment payments in respect of a contract entered into or renewed on or after June 1, 2016 is, (a) 1.3 per cent of the total premium payable under the contract, if the term of the contract is twelve months or more; (b) 0.65 per cent of the total premium payable under the contract, if the term of the contract is six months or more but less than twelve months; and (c) 0.22 per cent of the total premium payable under the contract, if the term of the contract is less than six months. O. Reg. 250/15, s. 1 (3). (6) The amount of each instalment payment shall be calculated as blended principal and interest. (7) An insurer who is not required to permit its insureds to pay their premiums in instalments but who chooses to do so is subject to the same requirements as those insurers who are required to permit their insureds to pay their premiums in instalments.  R.R.O. 1990, Reg. 664, s. 3 (6, 7). Exemption from Notice (Section 236 of the Act)
4. Insurers are exempt from the requirements of section 236 of the Act with respect to every contract of automobile insurance that insures a fleet.  O. Reg. 275/03, s. 2. Refusal to Issue Contracts (Section 237 of the Act)
5.1 (1) If requested by an insured in respect of a contract of automobile insurance, the insurer shall offer the “Added Coverage to Offset Tort Deductibles” endorsement, as approved by the Chief Executive Officer under section 227 of the Act.  O. Reg. 36/10, s. 1; O. Reg. 180/19, s. 7. (2) Benefits provided by the endorsement referred to in subsection (1) are deemed not to be statutory accident benefits for the purpose of Part VI of the Act.  O. Reg. 36/10, s. 1. Direct Compensation — Property Damage (Clause 263 (5) (b) of the Act) Note: On January 1, 2024, the day subsection 2 (2) of Schedule 22 to the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 comes into force, the Regulation is amended by adding the following section immediately after the heading “Direct Compensation—Property Damage (Clause 263 (5) (b) of the Act)”: (See: O. Reg. 268/22, s. 2) Election not to recover damages 5.2 (1) For the purpose of subsection 263 (2.2) of the Act, an insured may elect not to recover damages from the insured’s insurer by providing written confirmation to the insured’s insurer indicating that, in respect of the automobile named in the written confirmation, the insured elects not to recover damages under subsection 263 (2) of the Act. O. Reg. 268/22, s. 2. (2) The written confirmation shall be in a form approved by the Chief Executive Officer. O. Reg. 268/22, s. 2. (3) An insured may revoke their election by providing notice to the insured’s insurer. O. Reg. 268/22, s. 2.
6. (1) For the purpose of clause 263 (5) (b) of the Act, the insurer of an automobile that is in the care, custody or control of a person who is engaged in the business of selling, repairing, maintaining, servicing, storing or parking automobiles is entitled to indemnification from the person. (2) The amount of the indemnity is limited to that proportion of the loss that is attributable to the fault, as determined under the fault determination rules, of the person or of an employee or agent of the person.  R.R.O. 1990, Reg. 664, s. 6.
7. (1) For the purpose of clause 263 (5) (b) of the Act, the insurer of an automobile that is being towed by another automobile is entitled to indemnification from the lessee or, if there is no lessee, from the owner of the automobile towing it, (a) if the lessee or owner, as the case may be, is engaged in the business of towing automobiles; or (b) if the automobile towing the insured automobile has a gross vehicle weight greater than 4,500 kilograms. (2) The amount of the indemnity is limited to that proportion of the loss that is attributable to the fault, as determined under the fault determination rules, of the driver of the automobile that is towing the insured automobile.  R.R.O. 1990, Reg. 664, s. 7.
8. (1) For the purpose of clause 263 (5) (b) of the Act, the insurer of an automobile the contents of which suffer damage in an amount greater than $20,000 is entitled to indemnification from the insurer of the other automobile involved in the incident. (2) The amount of the indemnity is limited to that proportion of the loss over $20,000 that is attributable to the fault, as determined under the fault determination rules, of the driver of the other automobile.  R.R.O. 1990, Reg. 664, s. 8.
8.1 The following classes of contracts are prescribed for the purpose of subsection 263 (5.1) of the Act: 1. Contracts written on Ontario Automobile Policy 1. 2. Contracts written on Ontario Policy Form 4.  O. Reg. 399/96, s. 1. Indemnification for Statutory Accident Benefits (Section 275 of the Act)
9. (1) In this section, “first party insurer” means the insurer responsible under subsection 268 (2) of the Act for the payment of statutory accident benefits; (“assureur de première part”) “heavy commercial vehicle” means a commercial vehicle with a gross vehicle weight greater than 4,500 kilograms; (“véhicule utilitaire lourd”) “motorcycle” means a self-propelled vehicle with a seat or saddle for the use of the driver, steered by handlebars and designed to travel on not more than three wheels in contact with the ground, and includes a motor scooter and a motor assisted bicycle as defined in the Highway Traffic Act; (“motocyclette”) “motorized snow vehicle” means a motorized snow vehicle as defined in the Motorized Snow Vehicles Act; (“motoneige”) “off-road vehicle” means an off-road vehicle as defined in the Off-Road Vehicles Act; (“véhicule tout terrain”) “second party insurer” means an insurer required under section 275 of the Act to indemnify the first party insurer. (“assureur de deuxième part”)  R.R.O. 1990, Reg. 664, s. 9 (1); O. Reg. 780/93, ss. 1, 6. (2) A second party insurer under a policy insuring any class of automobile other than motorcycles, off-road vehicles and motorized snow vehicles is obligated under section 275 of the Act to indemnify a first party insurer, (a) if the person receiving statutory accident benefits from the first party insurer is claiming them under a policy insuring a motorcycle and, (i) if the motorcycle was involved in the incident out of which the responsibility to pay statutory accident benefits arises, or (ii) if motorcycles and motorized snow vehicles are the only types of vehicle insured under the policy; or (b) if the person receiving statutory accident benefits from the first party insurer is claiming them under a policy insuring a motorized snow vehicle and, (i) if the motorized snow vehicle was involved in the incident out of which the responsibility to pay statutory accident benefits arises, or (ii) if motorcycles and motorized snow vehicles are the only types of vehicle insured under the policy.  R.R.O. 1990, Reg. 664, s. 9 (2); O. Reg. 780/93, s. 1. (3) A second party insurer under a policy insuring a heavy commercial vehicle is obligated under section 275 of the Act to indemnify a first party insurer unless the person receiving statutory accident benefits from the first party insurer is claiming them under a policy insuring a heavy commercial vehicle.  R.R.O. 1990, Reg. 664, s. 9 (3); O. Reg. 780/93, s. 1. Settlements — Statutory Accident Benefits
9.2 (1) Section 9.1 applies only with respect to settlements made on or after the transition date. O. Reg. 43/16, s. 3. (2) Subsection 9.1 (3), as it read immediately before the transition date, applies with respect to settlements for which written notice under subsection 9.1 (2) was given before the transition date but which were made on or after the transition date. O. Reg. 43/16, s. 3. (3) Section 9.1, as it read immediately before the transition date, applies with respect to settlements made before the transition date, with necessary modifications, and the following modifications: 1. Subsections 9.1 (2) to (5), as they read on February 28, 2002, continue to apply with respect to settlements for which written notice under subsection 9.1 (2) was given before March 1, 2002. 2. In addition to a mediation proceeding, subsection 9.1 (8) applies in respect of an application to the Licence Appeal Tribunal under subsection 280 (2) of the Act. 3. In addition to the right to mediate, litigate, appeal or apply to vary an order, subsection 9.1 (10) applies to the right to apply to the Licence Appeal Tribunal under subsection 280 (2) of the Act or appeal from a decision of the Licence Appeal Tribunal. O. Reg. 43/16, s. 3. (4) In this section, “transition date” has the same meaning as in subsection 283 (5) of the Act. O. Reg. 43/16, s. 3. Dispute Resolution (Section 280 of the Act)
10. If the Licence Appeal Tribunal finds that an insurer has unreasonably withheld or delayed payments, the Licence Appeal Tribunal, in addition to awarding the benefits and interest to which an insured person is entitled under the Statutory Accident Benefits Schedule, may award a lump sum of up to 50 per cent of the amount to which the person was entitled at the time of the award together with interest on all amounts then owing to the insured (including unpaid interest) at the rate of 2 per cent per month, compounded monthly, from the time the benefits first became payable under the Schedule. O. Reg. 43/16, s. 4.
11. Revoked: O. Reg. 301/98, s. 2.
12., 13. Revoked : O. Reg. 43/16, s. 4.
14. Revoked: O. Reg. 301/98, s. 2. Prescribed Elements of Risk Classification System (Sections 410 to 417 of the Act)
14.1 (1) For the purposes of section 260 of the Act, insurers shall use the following elements of a risk classification system in classifying risks for loss or damage to an automobile or loss of its use: 1.  Revoked: O. Reg. 250/15, s. 3 (1). 2. For collision or upset coverage, as referred to in the standard policy forms approved by the Chief Executive Officer under subsection 227 (5) of the Act, a deductible of $500 for contracts issued or renewed on or after April 15, 2004, unless the contract provides for a different amount. 3. For comprehensive coverage, as referred to in the standard policy forms approved by the Chief Executive Officer under subsection 227 (5) of the Act, i. a deductible of $300 for contracts issued or renewed on or after April 15, 2004 and before June 1, 2016, unless the contract provides for a different amount, and ii. a deductible of $500 for contracts issued or renewed on or after June 1, 2016, unless the contract provides for a different amount.  O. Reg. 459/03, s. 1; O. Reg. 250/15, s. 3; O. Reg. 180/19, s. 7. (2) Insurers shall use the following elements in their risk classification systems in classifying risks for damage to an automobile or its contents or loss of its use: 1. For contracts issued or renewed on or after April 15, 2004 and before September 1, 2010, $300 as the amount of the reduction referred to in clause 263 (5.1) (b) of the Act, unless the contract provides for a different amount. 2. For contracts issued or renewed on or after September 1, 2010, $500 as the amount of the reduction referred to in clause 263 (5.1) (b) of the Act, unless the contract provides for a different amount.  O. Reg. 36/10, s. 3. (3) Insurers shall use the following element in their risk classification systems in classifying risks for the Personal Vehicles — Private Passenger Automobiles category of automobile insurance: 1. For contracts issued or renewed on or after January 1, 2016, a discount in the rate of insurance in respect of an automobile that is equipped with winter tires. O. Reg. 222/15, s. 1. Application of Sections 410 to 417 of the Act
15. (1) Sections 410 to 417 of the Act apply in respect of contracts of automobile insurance written on Ontario Automobile Policy 1 or Ontario Policy Form 2.  O. Reg. 464/96, s. 5 (2). (2) Sections 410 to 417 of the Act apply in respect of all types of endorsements to contracts of automobile insurance written on Ontario Automobile Policy 1 or Ontario Policy Form 2.  O. Reg. 464/96, s. 5 (2). (3) Despite subsections (1) and (2), sections 410 to 417 of the Act do not apply to any contract of automobile insurance that insures a fleet.  O. Reg. 275/03, s. 6. Expedited Risk Classification and Rate Approval (Section 411 of the Act)
15.1 (1) The percentage prescribed for the purpose of paragraph 1 of subsection 411 (1) of the Act is, for each coverage and category of automobile insurance, the percentage difference between the average of the insurer’s existing rates for that coverage and category and the average of the insurer’s proposed rates.  O. Reg. 464/96, s. 6. (2) For the purpose of paragraph 1 of subsection 411 (1) of the Act, the proposed rates must meet the following additional criteria: 1. The proposed rates relate only to the Personal Vehicles — Private Passenger Automobiles category of automobile insurance. 2. The effective date of the proposed rates for the insurer’s renewal business is on or after January 1, 1997. 3. The average cumulative rate change for all coverages, calculated in accordance with the Section 411/412 Filing Guidelines published by the Financial Services Commission of Ontario, as they may be amended from time to time, is less than or equal to zero. 4. The percentage difference, for each territory used by the insurer, between the average of the existing rates for each coverage and the average of the proposed rates for that coverage is not more than 5 per cent higher or lower than the percentage difference, for all of Ontario, between the average of the existing rates for that coverage and the average of the proposed rates for that coverage. 5. No changes are proposed to the rating algorithm, differentials, discounts or surcharges used to determine the proposed rates.  O. Reg. 464/96, s. 6; O. Reg. 301/98, s. 1; O. Reg. 222/15, s. 2. (3) For the purpose of paragraph 2 of subsection 411 (1) of the Act, the proposed risk classification system may not contain, (a) any new element; or (b) any existing element that uses a different definition or different rating rules.  O. Reg. 464/96, s. 6. Prohibited Risk Classification Elements (Sections 410 to 417 of the Act)
17. (1) In this section, “group marketing plan” means an arrangement made in writing between an insurer and a sponsor to market automobile insurance to members of an organized group referred to in subsection 16 (5); (“plan de commercialisation de groupe”) “sponsor” means a person who is authorized to enter into a group marketing plan on behalf of an organized group referred to in subsection 16 (5). (“parrain”)  O. Reg. 275/03, s. 8 (1). (1.1) A group marketing plan shall include the details of the arrangement, including, (a) the name of the insurer and the name of the sponsor or sponsors and their respective responsibilities; (b) the name of the broker or agent; (c) the effective date of the group marketing plan; (d) information with respect to fees; (e) whether or not the group marketing plan is made to the exclusion of another group marketing plan with respect to the group; and (f) the procedure for terminating the group marketing plan.  O. Reg. 275/03, s. 8 (1). (2) An insurer shall not sell automobile insurance under a group marketing plan if any person is required to purchase insurance under the plan or is subject to a penalty for failing to purchase insurance under the plan.  O. Reg. 553/94, s. 3. (3) An insurer, agent or broker who sells automobile insurance under a group marketing plan shall not accept an application from a person for insurance coverage unless, not later than 30 days after accepting the application, the insurer, agent or broker makes full and fair disclosure in writing to the person of all features of the group marketing plan and the insurance coverage, including, (a) the group marketing plan’s provisions relating to group discounts, policyholder services, termination of the plan and termination of eligibility; and (b) the financial interests of the sponsor in the group marketing plan.  O. Reg. 553/94, s. 3; O. Reg. 275/03, s. 8 (2, 3). (3.1) For the purposes of clause (3) (b), the financial interests of the sponsor include any lump sum payment, percentage of premium or other payment received by the sponsor from the insurer as a result of a person purchasing automobile insurance coverage through the plan.  O. Reg. 275/03, s. 8 (4). (4) A person who collects premiums under a group marketing plan, other than an agent or broker, shall provide adequate administrative facilities for the collection of premiums and shall be deemed to be the agent of the insurer for the purpose of collecting premiums.  O. Reg. 553/94, s. 3. (5) All premium funds received or receivable by a person under a group marketing plan, other than by an agent or broker, shall be deemed to be trust funds held for the benefit of the insurer.  O. Reg. 553/94, s. 3. (6) A person who receives or is entitled to receive premium funds under a group marketing plan shall not assign, pledge, mortgage or in any way charge the funds.  O. Reg. 553/94, s. 3. (7) An assignment, pledge, mortgage or other charge of premium funds contrary to subsection (6) is void.  O. Reg. 553/94, s. 3. Public Adjusters — Statutory Accident Benefits (Section 398 of the Act)
18. A person who is authorized to provide legal services in Ontario pursuant to the Law Society Act is exempt from subsection 398 (1) of the Insurance Act in respect of a claim for benefits under the Statutory Accident Benefits Schedule.  O. Reg. 62/08, s. 1. Transition
19. In this section and in sections 20 and 21, “arbitrator” means an arbitrator appointed under section 8 of the pre-transition date Act; (“arbitre”) “Director” means the director of arbitrations appointed under subsection 6 (1) of the pre-transition date Act; (“directeur”) “Licence Appeal Tribunal” means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999; (“Tribunal d’appel en matière de permis”) “pre-transition date Act” means the Act as it read immediately before the transition date; (“loi antérieure à la date de transition”) “transition date” has the same meaning as in subsection 283 (5) of the Act. (“date de transition”) O. Reg. 180/19, s. 1.
21. (1) A court that conducts a judicial review of a proceeding described in subsection 20 (1) may refer the proceeding to the Licence Appeal Tribunal if it determines that such a referral is appropriate. O. Reg. 180/19, s. 2 (2). (2) If the Director ordered that a dispute be heard again by an arbitrator, and if the dispute was not finally determined by July 1, 2020, either party may make a new application to the Licence Appeal Tribunal on or before December 1, 2020 to resolve the dispute in accordance with section 280 of the Act. O. Reg. 180/19, s. 2 (2). (3) If a court refers a dispute to be decided by the Director or by an arbitrator on or after July 1, 2020, either party may make a new application to the Licence Appeal Tribunal within 90 days after the day the matter was referred to the Director or arbitrator to resolve the dispute in accordance with section 280 of the Act. O. Reg. 180/19, s. 2 (2). (4) Section 56 of Ontario Regulation 34/10 (Statutory Accident Benefits Schedule - Effective September 1, 2010), made under the Act, does not apply to an application described in subsection (2) or (3). O. Reg. 180/19, s. 2 (2).
22. (1) For greater certainty, nothing in section 20 or 21 prevents a party from seeking judicial review. O. Reg. 180/19, s. 3 (2). (2) For greater certainty, if an application is made to the Licence Appeal Tribunal under subsection 280 (2) of the Act, the dispute shall be resolved in accordance with the rules of the Licence Appeal Tribunal. O. Reg. 180/19, s. 3 (2).
22.1-25. Revoked : O. Reg. 180/19, s. 5.
26. References in this Regulation to a form approved by the Chief Executive Officer are deemed to include the last form approved by the Superintendent for the purposes of the relevant provision prior to the day section 22 of Schedule 13 to the Plan for Care and Opportunity Act (Budget Measures), 2018
came into force until the Chief Executive Officer approves a subsequent form for the purposes of the relevant provision. O. Reg. 180/19, s. 6. Table 1 Revoked:  O. Reg. 36/10, s. 5. Schedule Revoked: O. Reg. 43/16, s 6. Form 1 Revoked:  O. Reg. 780/93, s. 9.  Français