Regulation - LGIC

Proposed Amendments to the Fault Determination Rules and Statutory Accident Benefits Schedule under the Insurance Act

Regulation Number(s):
Regulation 668 – Fault Determination Rules
O. Reg. 34/10 – Statutory Accidents Benefit Schedule (SABS)
Instrument Type:
Regulation - LGIC
Bill or Act:
Insurance Act
Summary of Decision:
Regulation 668 (Fault Determination Rules) and O.Reg. 34/10 (Statutory Accident Benefits Schedule) under the Insurance Act have been amended to reflect changes to the federal Criminal Code related to the legalization of cannabis. Regulation 668 was amended to expand the types of driving offences (e.g., impairment by a drug or a combination of alcohol and a drug) where the Fault Determination Rules would not apply. O.Reg. 34/10 was amended to expand the types of driving offences where certain benefits, such as income replacement, are not provided.

Criminal Code section references in the SABS were also amended to align with changes made to the numbering of sections in the Criminal Code.

Note: Amendments to the SABS to reflect changes to Criminal Code section references were effective December 18, 2018.
Analysis of Regulatory Impact:
There are no new anticipated costs to businesses.

Further Information:
Proposal Number:
18-MOF021
Posting Date:
September 11, 2018
Summary of Proposal:
The Ministry of Finance is proposing consequential technical amendments to regulations under the Insurance Act to reflect changes to the federal Criminal Code related to the legalization of cannabis, which is set to come into effect on October 17, 2018.

Amendments are being proposed to the Fault Determination Rules (Regulation 668) under the Insurance Act, which are used by insurers to determine who is at fault in a collision. The proposed amendments would expand the types of driving offences (e.g., impairment by a drug or a combination of alcohol and a drug) where the Fault Determination Rules would not apply.

Furthermore, amendments are being proposed to the Statutory Accident Benefits Schedule (O. Reg. 34/10), which outlines the benefits provided if someone is injured in an auto accident, regardless of fault. The proposed amendments would expand the types of driving offences where certain benefits, such as income replacement, are not provided.

Consequential technical amendments to predecessor SABS regulations to reflect changes to the federal Criminal Code may also be made, if needed.

Contact Address:
Daniel McKeown
Economist
Insurance Policy Unit
Financial Institutions Policy Branch
Ministry of Finance
95 Grosvenor Street
Frost Building North, 4th Floor
Toronto, ON
M7A 1Z1
Effective Date:
October 17, 2018
Decision:
Approved