Regulation - LGIC

Amendments to regulations under the Insurance Act and the Compulsory Automobile Insurance Act regarding the delivery of automobile insurance notices and other automobile insurance documents.

Regulation Number(s):
Regulation 777/93
Regulation 34/10
Regulation 676
Regulation 95
Instrument Type:
Regulation - LGIC
Bill or Act:
Insurance Act; Compulsory Automobile Insurance Act
Summary of Decision:
The following regulation amendments under the Insurance Act were filed on October 14, 2021:

- O. Reg. 34/10: Statutory Accident Benefits Schedule - Effective September 1, 2010: https://www.ontario.ca/laws/regulation/R21705

- O. Reg. 777/93: Statutory Conditions - Automobile Insurance: https://www.ontario.ca/laws/regulation/R21706

- Regulation 676: Uninsured Automobile Coverage: https://www.ontario.ca/laws/regulation/R21707

The following regulation amendment under the Compulsory Automobile Insurance Act, was filed on October 14, 2021:

- Regulation 95: Exemptions: https://www.ontario.ca/laws/regulation/R21708
Analysis of Regulatory Impact:
These proposed regulation amendments regarding the delivery of automobile insurance notices and other automobile insurance documents, if approved, will make it faster and simpler for insurance companies and consumers to do business, will enable digital insurers to operate in Ontario, and will contribute to the government's burden reduction commitments.

These proposed regulation amendments regarding the delivery of automobile insurance notices and other automobile insurance documents, if approved, would not increase compliance costs on businesses and key business sectors, and would have no impact on the Broader Public Service or non-profit sectors. There is no cost to government as a result of this proposal.
Further Information:
Proposal Number:
21-MOF002
Posting Date:
February 11, 2021
Summary of Proposal:
Amendments are proposed to regulations under the Insurance Act and the Compulsory Automobile Insurance Act regarding the delivery of automobile insurance notices and other automobile insurance documents.

Amendments to regulations under the Insurance Act are proposed to:

- Permit the delivery of certain documents by prepaid courier if there is a record by the person who has delivered it that the notice has been sent.

- Permit an automobile insurer to deliver notices, including a notice of termination of an automobile insurance contract, to an insured by prepaid courier if there is a record by the person who has delivered it that the notice has been sent.

- Permit an automobile insurer to deliver notices, including a notice of termination of an automobile insurance contract, to an insured by electronic means if the insured consents to delivery by electronic means.

- Permit a regulated health professional, who receives certain documents related to a statutory accident benefits claim, to provide a copy of those documents to the insured person by electronic means.

- Update certain Statutory Condition section references.

Amendments to Regulation 95 (Exemptions) under the Compulsory Automobile Insurance Act are proposed to permit the Plan Administrator of the Conservative Mennonite Automobile Brotherhood Assistance Plan to cancel a membership in the Plan by personal delivery, prepaid courier if there is a record by the person who has delivered it that the notice has been sent, or by electronic means if the member consents to delivery by electronic means.

The Ministry of Finance requests comments regarding these proposed regulation amendments, including comments regarding:

- How would automobile insurers propose to implement the delivery of a notice of termination of an automobile insurance contract to an insured by electronic means?

- Would the proposed regulation amendments with respect to the delivery by an automobile insurer of a notice of termination of an automobile insurance contract to an insured by electronic means, if approved, increase the risk of disputes regarding whether an automobile insurance contract has been properly terminated?

- Should the requirements for automobile insurers with respect to the delivery of a notice of termination of an automobile insurance contract to an insured by electronic means be more prescriptive?

Consultation drafts of these proposed regulation amendments regarding the delivery of automobile insurance notices and other automobile insurance documents are attached.

Insurance Act: https://www.ontario.ca/laws/statute/90i08

Regulation 777/93 (Statutory Conditions - Automobile Insurance): https://www.ontario.ca/laws/regulation/930777

Regulation 34/10 (Statutory Accident Benefits Schedule - Effective September 1, 2010): https://www.ontario.ca/laws/regulation/100034

Regulation 676 (Uninsured Automobile Coverage): https://www.ontario.ca/laws/regulation/900676

Compulsory Automobile Insurance Act: https://www.ontario.ca/laws/statute/90c25

Regulation 95 (Exemptions): https://www.ontario.ca/laws/regulation/900095
Contact Address:
Auto Insurance Policy Unit
Financial Institutions Policy Branch
Ministry of Finance
95 Grosvenor Street
Frost Building North, 4th Floor
Toronto, ON
M7A 1Z1
Effective Date:
January 1, 2022
Decision:
Approved