compulsory_automobile_insurance_act-20151215.pdf

TRAFFIC COMPULSORY AUTOMOBILE INSURANCE ACT BASIC CONSTABLE TRAINING Permanent members of the Academic Instructional Staff at the Ontario Police College have designed and prepared the following material. It is for the benefit and convenience of law enforcement personnel attending the Basic Constab...

TRAFFIC COMPULSORY AUTOMOBILE INSURANCE ACT BASIC CONSTABLE TRAINING Permanent members of the Academic Instructional Staff at the Ontario Police College have designed and prepared the following material. It is for the benefit and convenience of law enforcement personnel attending the Basic Constable Training Course. Excerpts of relevant statutes are included for study purposes only. For official determination, refer to the Act itself or other legal publication. This document was prepared at the Ontario Police College, Ministry of Community Safety and Correctional Services. Every effort is made to ensure the accuracy and providence of the material. If you have concerns about this material, or if you find any errors or omissions, please notify: Chief Instructor – Basic Constable Training Ministry of Community Safety and Correctional Services Ontario Police College 10716 Hacienda Road Aylmer, Ontario N5H 2T2 Telephone: (519) 773‐5361 Facsimile: (519) 773‐8225 Created: March 2015 Validated: Updated: Other product or brand names are trademarks or registered trademarks of their respective holders. This document contains proprietary and confidential information about Government of Ontario, disclosure or reproduction is prohibited without the prior express written permission from Government of Ontario. Government of Ontario reserves the right to make changes in the information contained in this publication without prior notice. The reader should in all cases consult the Director of the Ontario Police College to determine whether any such changes have been made. © 2015 Government of Ontario. All rights reserved. Table of Contents Compulsory Automobile Insurance Act ...................................................................................................... 1 R.R.O. 1990, REGULATION 95 ................................................................................................................... 16 Compulsory Automobile Insurance Act R.S.O. 1990, CHAPTER C.25 Consolidation Period: From July 24, 2014 to the e‐Laws currency date. Last amendment: 2014, c. 7, Sched. 6. Skip Table of Contents CONTENTS 1. Definitions 2. Compulsory automobile insurance 3. Operator to carry insurance card 4. Particulars to be disclosed 5. Obligations of agents 6. Insurance card to be issued 7. Facility Association continued 8. Board of directors 9. By‐laws 10. Filing of by‐laws and amendments 11. Investigatory powers 11.1 Annual report 12. Termination of contracts of insurance 13. Validation or transfer of permits 13.1 Possession, use, sale, etc., of false or invalid insurance card 13.2 Evidence in certain prosecutions 14. Definition 14.1 Suspension or cancellation of licence 14.2 Definitions 14.3 Administrative penalties 14.4 General administrative penalties 14.5 Summary administrative penalties 14.6 Maximum administrative penalties 14.7 Enforcement of administrative penalties 15. Regulations 16. Forms BCT Traffic – Compulsory Automobile Insurance Act 1 March 13, 2015 Definitions 1. (1) In this Act, “agent” means an agent or broker within the meaning of the Insurance Act who is authorized to solicit automobile insurance; (“agent”) “Association” means the Facility Association referred to in subsection 7 (1); (“Association”) “automobile insurance” means insurance against liability arising out of bodily injury to or the death of a person or loss of or damage to property caused by a motor vehicle or the use or operation thereof, and which, (a) insures at least to the limit required by section 251 of the Insurance Act, (b) provides the statutory accident benefits set out in the Statutory Accident Benefits Schedule under the Insurance Act, and (c) provides the benefits prescribed under section 265 of the Insurance Act; (“assurance‐ automobile”) “driver’s licence” has the same meaning as in the Highway Traffic Act; (“permis de conduire”) “highway” has the same meaning as in the Highway Traffic Act; (“voie publique”) “insurance card” means, (a) a Motor Vehicle Liability Insurance Card in the form approved by the Superintendent, (b) a policy of automobile insurance or a certificate of a policy in the form approved by the Superintendent, or (c) a document in a form approved by the Superintendent; (“carte d’assurance”) “insurer” means an insurer licensed under the Insurance Act and carrying on the business of automobile insurance, but does not include an insurer whose licence is limited to contracts of reinsurance; (“assureur”) “justice” means a justice under the Provincial Offences Act; (“juge”) “lessee” means, in respect of a motor vehicle, a person who is leasing or renting the motor vehicle for a period of 30 days or more; (“locataire”) “motor vehicle” has the same meaning as in the Highway Traffic Act and includes trailers and accessories and equipment of a motor vehicle; (“véhicule automobile”) “Plan” means the Plan of Operation referred to in subsection 7 (3); (“régime”) “police officer” means a chief of police or other police officer or a person appointed under section 223 of the Highway Traffic Act for the purpose of carrying out the provisions of that Act; (“agent de police”) “Registrar” means the Registrar of Motor Vehicles; (“registrateur”) “regulations” means the regulations made under this Act; (“règlements”) “Superintendent” means the Superintendent of Financial Services appointed under the Financial Services Commission of Ontario Act, 1997. (“surintendant”) R.S.O. 1990, c. C.25, s. 1 (1); 1993, c. 10, s. 52 (1); 1996, c. 21, s. 50 (1, 2); 1997, c. 19, s. 2 (1); 1997, c. 28, ss. 29, 30; 2005, c. 31, Sched. 4, s. 1. Streetcars BCT Traffic – Compulsory Automobile Insurance Act 2 March 13, 2015 (2) An electric streetcar that runs on rails principally on a highway shall be deemed to be a motor vehicle for the purposes of this Act. R.S.O. 1990, c. C.25, s. 1 (2). Exception re: excluded driver (3) Even if a motor vehicle is insured under a contract of automobile insurance, it shall be deemed to be an uninsured motor vehicle for the purposes of this Act while it is being operated by an excluded driver as defined in the Insurance Act with respect to that contract unless the excluded driver is a named insured under another contract of automobile insurance. R.S.O. 1990, c. C.25, s. 1 (3). Compulsory automobile insurance 2. (1) Subject to the regulations, no owner or lessee of a motor vehicle shall, (a) operate the motor vehicle; or (b) cause or permit the motor vehicle to be operated, on a highway unless the motor vehicle is insured under a contract of automobile insurance. 1994, c. 11, s. 383; 1996, c. 21, s. 50 (3). Definition (2) For the purposes of subsection (1), where a permit for a motor vehicle has been issued under subsection 7 (7) of the Highway Traffic Act, “contract of automobile insurance”, with respect to that motor vehicle, means a contract of automobile insurance made with an insurer. R.S.O. 1990, c. C.25, s. 2 (2). Offence (3) Every owner or lessee of a motor vehicle who, (a) contravenes subsection (1) of this section or subsection 13 (11); or (b) surrenders an insurance card for inspection to a police officer, when requested to do so, purporting to show that the motor vehicle is insured under a contract of automobile insurance when the motor vehicle is not so insured, is guilty of an offence and is liable on a first conviction to a fine of not less than $5,000 and not more than $25,000 and on a subsequent conviction to a fine of not less than $10,000 and not more than $50,000 and, in addition, his or her driver’s licence may be suspended for a period of not more than one year. R.S.O. 1990, c. C.25, s. 2 (3); 1996, c. 21, s. 50 (4); 2002, c. 22, s. 33. Justice to secure possession of driver’s licence (4) Where a justice makes a conviction under subsection (3) and the driver’s licence of the person convicted is suspended by the justice, the justice shall take the driver’s licence and forward it to the Registrar. R.S.O. 1990, c. C.25, s. 2 (4). Police officer may secure possession (5) Where a driver’s licence is suspended under this section and the person to whom the suspension applies refuses or fails to surrender his or her licence to the justice forthwith, any BCT Traffic – Compulsory Automobile Insurance Act 3 March 13, 2015 police officer may, and upon the direction of the Registrar shall, take possession of the licence and forward it to the Registrar. R.S.O. 1990, c. C.25, s. 2 (5). Offence (6) Every person who fails or refuses to surrender his or her driver’s licence when required by a police officer under subsection (5) is guilty of an offence and on conviction is liable to a fine of not more than $200. R.S.O. 1990, c. C.25, s. 2 (6); 1996, c. 21, s. 50 (5). Impounding motor vehicle (7) In the event of a conviction under subsection (3), the justice may order that the motor vehicle, (a) that was operated in contravention of subsection (1); (b) for which a false statement in respect of insurance was made in contravention of subsection 13 (11); or (c) for which an insurance card was produced in contravention of clause (3) (b), shall be seized, impounded and taken into the custody of the law for a period of not more than three months. R.S.O. 1990, c. C.25, s. 2 (7); 2002, c. 22, s. 33. Cost of storage (8) All costs and charges for the care and storage of the motor vehicle are a lien upon the motor vehicle that may be enforced in the manner provided by the Repair and Storage Liens Act. R.S.O. 1990, c. C.25, s. 2 (8). Release of vehicle on security given by person convicted (9) If the person convicted under subsection (3) gives security to the satisfaction of the convicting justice, by bond, recognizance or otherwise, that the motor vehicle will not be operated upon a highway during the period specified by the justice in making an order under subsection (7), the motor vehicle may be released to the person convicted, and if the motor vehicle is operated upon a highway during such period it shall be deemed to have been operated without a permit, as defined in subsection 6 (1) of the Highway Traffic Act. R.S.O. 1990, c. C.25, s. 2 (9); 1996, c. 21, s. 50 (6). Three‐year limitation period (10) Proceedings may be commenced at any time within three years after the date on which an offence was, or is alleged to have been, committed under subsection (1) or clause (3) (b) or subsection 13 (11). R.S.O. 1990, c. C.25, s. 2 (10); 2002, c. 22, s. 33. Operator to carry insurance card 3. (1) An operator of a motor vehicle on a highway shall have in the motor vehicle at all times, (a) an insurance card for the motor vehicle; or (b) an insurance card evidencing that the operator is insured under a contract of automobile insurance, and the operator shall surrender the insurance card for reasonable inspection upon the demand of a police officer. R.S.O. 1990, c. C.25, s. 3 (1). BCT Traffic – Compulsory Automobile Insurance Act 4 March 13, 2015 Excluded driver to carry insurance card (2) Despite subsection (1), an operator of a motor vehicle who is named as an excluded driver under the contract of automobile insurance under which the vehicle is insured shall have in the vehicle at all times an insurance card evidencing that the operator is a named insured under another contract of automobile insurance, and the operator shall surrender the insurance card for reasonable inspection upon the demand of a police officer. R.S.O. 1990, c. C.25, s. 3 (2). Offence (3) A person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not more than $400. R.S.O. 1990, c. C.25, s. 3 (3); 1996, c. 21, s. 50 (7). Particulars to be disclosed 4. (1) An operator of a motor vehicle on a highway who is directly or indirectly involved in an accident shall, on the request of any person directly or indirectly involved in the accident, disclose to the person the particulars of the contract of automobile insurance insuring the motor vehicle. R.S.O. 1990, c. C.25, s. 4 (1). Definition (2) For the purposes of subsection (1), “particulars of the contract of automobile insurance” means, (a) (b) (c) (d) (e) (f) the name and address of the insured, the make, model and serial number of the insured vehicle, the effective date and expiry date of the contract, the name of the insurer, the name of the insurer’s agent, if any, and the policy number of the contract. R.S.O. 1990, c. C.25, s. 4 (2). Offence (3) A person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not more than $400. 1993, c. 10, s. 52 (2); 1996, c. 21, s. 50 (8). Obligations of agents 5. An agent shall, (a) provide to an owner or lessee of a motor vehicle who is a resident of Ontario an application for automobile insurance; and (b) submit to an insurer a completed application for automobile insurance, when requested to do so by the owner or lessee of a motor vehicle. R.S.O. 1990, c. C.25, s. 5; 1996, c. 21, s. 50 (9). Insurance card to be issued 6. (1) An insurer shall issue, or cause its agent to issue, an insurance card to a person with whom a contract of automobile insurance is made or whose contract of automobile insurance is renewed. R.S.O. 1990, c. C.25, s. 6 (1). BCT Traffic – Compulsory Automobile Insurance Act 5 March 13, 2015 Misrepresentations (2) No insurer or its agent shall, on an insurance card, specify an effective date earlier than the date on which the contract of automobile insurance was actually made or misrepresent in any other way the particulars of the automobile insurance. R.S.O. 1990, c. C.25, s. 6 (2). Facility Association continued 7. (1) The unincorporated non‐profit association of insurers known as the Facility Association is continued under the name Facility Association in English and under the name Association des assureurs in French. R.S.O. 1990, c. C.25, s. 7 (1). Membership (2) Every insurer is a member of the Association. 1993, c. 10, s. 52 (3). The Plan (3) The Association shall, in its articles of association, establish a plan, to be known as the Plan of Operation, for providing a contract of automobile insurance to owners, lessees and licensed drivers of motor vehicles who, but for the Plan, would be unable to obtain such insurance. R.S.O. 1990, c. C.25, s. 7 (3); 1996, c. 21, s. 50 (10). Compliance with Plan, etc. (3.1) Every member of the Association shall comply with the Plan and the articles of association, by‐laws, rules and resolutions of the Association. 1993, c. 10, s. 52 (4). Duty of Association (4) The Association shall ensure, through its members, that a contract of automobile insurance is provided with respect to every application for automobile insurance submitted under the Plan to an insurer under clause 5 (b). R.S.O. 1990, c. C.25, s. 7 (4). Agents bound by articles of association, etc. (5) Where an agent submits an application under the Plan to an insurer, the agent shall be bound by the applicable articles of association and by‐laws of the Association. R.S.O. 1990, c. C.25, s. 7 (5). Risk sharing (6) The Plan may include provisions with respect to the establishment and operation of a risk sharing pool for members of the Association. 1993, c. 10, s. 52 (5). Catastrophic claims (6.1) The Plan may include provisions with respect to the establishment and operation of a catastrophic claims fund for members of the Association. 1993, c. 10, s. 52 (5). Actions by and against Association (7) The Association may, in its name, (a) REPEALED: 1993, c. 10, s. 52 (6). (b) sue and be sued. R.S.O. 1990, c. C.25, s. 7 (7); 1993, c. 10, s. 52 (6). BCT Traffic – Compulsory Automobile Insurance Act 6 March 13, 2015 Board of directors 8. (1) The affairs of the Association shall be administered by a board of directors established in accordance with its articles of association. R.S.O. 1990, c. C.25, s. 8 (1). Information to be provided to Superintendent (2) The Association shall notify the Superintendent of the names and residence addresses of the persons elected or appointed as officers and directors of the Association forthwith after such election or appointment, and such names and addresses may be made available to the public by the Superintendent. R.S.O. 1990, c. C.25, s. 8 (2); 1997, c. 28, s. 29. Service on Association (3) Service on the directors or officers of the Association, or any of them, is good and sufficient service on the Association, and such service may be by personal service or by registered mail. R.S.O. 1990, c. C.25, s. 8 (3). Idem (4) Where service on the Association is made by registered mail on a director or officer of the Association under subsection (3), the service shall be deemed to have been made on the fifth day after the day of mailing unless the notice is not delivered or the director or officer to whom notice is given establishes that he or she did not, acting in good faith, through absence, accident, illness or other cause beyond his or her control, receive the notice until a later date. R.S.O. 1990, c. C.25, s. 8 (4). By‐laws 9. (1) The Association may pass by‐laws relating to its affairs and not inconsistent with this Act or the regulations, (a) providing for the execution of documents by the Association; (b) respecting banking and finance; (c) fixing the financial year of the Association and providing for the audit of the accounts and transactions of the Association; (d) providing for the appointment and remuneration of officers and employees of the Association; (e) respecting the calling, holding and conducting of meetings of the Association and the duties of members of the Association; (f) delegating to an operating committee such powers and duties of the board of directors as are set out in the by‐law, other than the power to make, amend or revoke by‐laws; (g) prescribing forms and providing for their use; (h) respecting management of the property of the Association; (i) respecting the application of the funds of the Association and the investment and reinvestment of any of its funds not immediately required and for the safekeeping of its securities; (j) imposing assessments on members of the Association for the purpose of meeting the operating costs of the Association and the Plan and providing for the collection of such assessments; (k) prescribing rules and procedures related to the operation of the Plan; and BCT Traffic – Compulsory Automobile Insurance Act 7 March 13, 2015 (l) respecting all of the things that are considered necessary for the operation of the Plan, the attainment of the objects of the Association and the efficient conduct of its affairs. R.S.O. 1990, c. C.25, s. 9 (1). Articles of association (2) Any power of the Association that may be exercised by by‐law under subsection (1) may be provided for in the articles of association of the Association. R.S.O. 1990, c. C.25, s. 9 (2). Filing of by‐laws and amendments 10. (1) The Association shall file with the Superintendent every by‐law and every amendment, revision or consolidation of the Plan or of the articles of association, by‐laws, rules or resolutions of the Association at least thirty days before the effective date of the by‐law or of the amendment, revision or consolidation. 1993, c. 10, s. 52 (7); 1997, c. 28, s. 29. Approval of Superintendent (2) No by‐law and no amendment, revision or consolidation of the Plan or of the articles of association, by‐laws, rules or resolutions of the Association shall come into effect unless it is approved by the Superintendent. 1993, c. 10, s. 52 (7); 1997, c. 28, s. 29. Rates (3) The Association may prepare rates in respect of contracts provided under the Plan. R.S.O. 1990, c. C.25, s. 10 (3). Idem (4) Rates prepared under subsection (3) do not come into effect until approved under the Insurance Act. R.S.O. 1990, c. C.25, s. 10 (4); 1997, c. 28, s. 31. Investigatory powers 11. The Superintendent has the same powers in respect of the Association that the Superintendent has in respect of an insurer under sections 442.1, 442.2, 442.3, 443 and 444 of the Insurance Act. 1993, c. 10, s. 52 (8); 1997, c. 28, s. 29; 2014, c. 7, Sched. 6, s. 1. Annual report 11.1 The Superintendent shall make an annual report to the Minister of Finance on the affairs of the Association and the Minister shall then lay the report before the Assembly if it is in session or, if not, at the next session. 1993, c. 10, s. 52 (8); 1997, c. 28, s. 29. Termination of contracts of insurance 12. (1) Where a contract of automobile insurance has been in effect for more than sixty days, the insurer may only terminate the contract for one or more of the following reasons: 1. Non‐payment of, or any part of, the premium due under the contract or of any charge under any agreement ancillary to the contract. 2. The insured has given false particulars of the described automobile to the prejudice of the insurer. 3. The insured has knowingly misrepresented or failed to disclose in an application for insurance any fact required to be stated therein. BCT Traffic – Compulsory Automobile Insurance Act 8 March 13, 2015 4. For a material change of risk within the meaning of the statutory conditions referred to in section 234 of the Insurance Act. R.S.O. 1990, c. C.25, s. 12 (1); 1993, c. 10, s. 52 (9, 10). Exception (2) Subsection (1) does not apply to, (a) an insurer running off its business, where the insurer has specific approval of the Superintendent to cancel a contract; or (b) a contract in respect of a motor vehicle used in the course of carrying on a business, trade or profession. R.S.O. 1990, c. C.25, s. 12 (2); 1997, c. 28, s. 29. Validation or transfer of permits 13. (1) No person shall apply for the issuance, validation or transfer of a permit for a motor vehicle unless the motor vehicle is insured under a contract of automobile insurance. 2002, c. 22, s. 34. Ministry to be satisfied of insurance (2) The Ministry of Transportation shall not issue, validate or transfer a permit for a motor vehicle unless it is satisfied that, at the time that the application for the issuance, validation or transfer is made, the motor vehicle is insured under a contract of automobile insurance. 2002, c. 22, s. 34. Minister may require information (3) The following persons shall, upon the request of the Minister of Transportation, give the Registrar such information as may be prescribed, including personal information, for any purpose related to this Act or any provision of the Highway Traffic Act concerning automobile insurance, subject to such conditions as may be prescribed: 1. A particular insurer. 2. Every insurer in a prescribed class of insurers. 3. A particular person. 4. Every person in a prescribed class of persons. 2002, c. 22, s. 34. Collection of information on Minister’s behalf (4) The Minister of Transportation may enter into agreements authorizing one or more persons to collect and keep information provided under subsection (3) on behalf of the Registrar, and require those persons to provide the information to the Registrar. 2002, c. 22, s. 34. Format of information (5) The Minister of Transportation may require that information provided or kept under subsection (3) or (4) be in any format that the Minister considers appropriate, and be provided by any means that the Minister considers appropriate. 2002, c. 22, s. 34. Verifying accuracy (6) The Minister of Transportation may verify the accuracy of information provided or kept under subsection (3) or (4) by comparing the information with information that is collected under the authority of the Highway Traffic Act. 2002, c. 22, s. 34. BCT Traffic – Compulsory Automobile Insurance Act 9 March 13, 2015 Use of information for other purposes (7) Nothing in this section limits or controls the collection, use or disclosure of, or access to, any information provided to a person authorized under subsection (4), for any purpose other than one set out in this section. 2002, c. 22, s. 34. Proof of insurance (8) Despite anything in this Act or the Highway Traffic Act, the Ministry of Transportation may require a person who applies for the issuance, validation or transfer of a permit for a motor vehicle to do any or all of the following: 1. Certify in a form approved by the Superintendent that the motor vehicle is insured under a contract of automobile insurance. 2. Produce for inspection an insurance card for the motor vehicle. 3. Produce for inspection any other evidence that is satisfactory to the Ministry of Transportation that the motor vehicle is insured under a contract of automobile insurance. 2002, c. 22, s. 34. Ministry of Transportation may rely on information (9) The Ministry of Transportation, for the purpose of determining that it is satisfied under subsection (2), may rely on information obtained pursuant to this section. 2002, c. 22, s. 34. No liability (10) Where the Ministry of Transportation has relied on information obtained pursuant to this section, the Crown, the Minister of Transportation, the Ministry, the Registrar and the employees, officers and agents of the Minister or the Ministry are not liable in any action relating to the issuance, validation or transfer of a permit for a motor vehicle that arises out of that reliance or any failure or refusal to issue, validate or transfer a permit that arises out of that reliance. 2002, c. 22, s. 34. Offence for false statement (11) No person shall, in certifying under paragraph 1 of subsection (8) that a motor vehicle is insured under a contract of automobile insurance, make a statement that he or she knows or ought to know is false. 2002, c. 22, s. 34. Definition (12) In this section, “contract of automobile insurance” means a contract of automobile insurance made with an insurer. 2002, c. 22, s. 34. Possession, use, sale, etc., of false or invalid insurance card 13.1 (1) No person shall, (a) have a false or invalid insurance card in his or her possession that he or she knows or ought to know is false or invalid; (b) use a false or invalid insurance card that he or she knows or ought to know is false or invalid; (c) sell, give, deliver or distribute a false or invalid insurance card that he or she knows or ought to know is false or invalid; or BCT Traffic – Compulsory Automobile Insurance Act 10 March 13, 2015 (d) produce for inspection any other evidence, that he or she knows or ought to know is false or invalid, that the motor vehicle is insured under a contract of automobile insurance. 2002, c. 22, s. 34. Offence (2) A person who contravenes this section is guilty of an offence and is liable on a first conviction to a fine of not less than $10,000 and not more than $50,000 and on a subsequent conviction to a fine of not less than $20,000 and not more than $100,000. 2002, c. 22, s. 34. Definition (3) In this section, “contract of automobile insurance” means a contract of automobile insurance made with an insurer. 2002, c. 22, s. 34. Evidence in certain prosecutions 13.2 (1) This section applies with respect to prosecutions for offences under sections 2, 13 and 13.1. 2002, c. 22, s. 34. Statutory declaration (2) A statutory declaration by a person who is identified in the declaration as an officer or employee of an insurer is admissible in evidence as proof, in the absence of evidence to the contrary, that the motor vehicle identified in the declaration was or was not insured by the insurer on the date or dates specified in the declaration. 2002, c. 22, s. 34. Definition 14. (1) In this section, “person” includes the Association. 1993, c. 10, s. 52 (11). General penalty (2) Every person who contravenes any provision of this Act or the regulations is guilty of an offence and, except where otherwise provided, 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. 1993, c. 10, s. 52 (11); 2012, c. 8, Sched. 8, s. 1. Insurers, Association (3) If an insurer or the Association is convicted of an offence under subsection (2), the fine shall not be less than $5,000. 1993, c. 10, s. 52 (11). Directors, officers, etc. (4) Every director, officer or chief agent of an insurer or the Association is guilty of an offence who, (a) caused, authorized, permitted or participated in the insurer or Association committing an offence to which subsection (2) applies; or (b) failed to take reasonable care to prevent the insurer or Association from committing an offence to which subsection (2) applies. 1993, c. 10, s. 52 (11). BCT Traffic – Compulsory Automobile Insurance Act 11 March 13, 2015 Penalty (5) On conviction for an offence under subsection (4), the person convicted is liable on a first conviction to a fine of not more than $100,000 and on a subsequent conviction to a fine of not more than $200,000. 1993, c. 10, s. 52 (11). Application (6) Subsection (4) applies whether or not the insurer or Association has been prosecuted for or convicted of an offence to which subsection (2) applies. 1993, c. 10, s. 52 (11). Restitution (7) A court that convicts a person of an offence to which this section applies may, in addition to any other penalty, order the person to make compensation or restitution in relation to the offence. 1993, c. 10, s. 52 (11). Suspension or cancellation of licence 14.1 (1) In addition to any penalty under this Act, if an insurer contravenes this Act, the Superintendent may suspend or cancel the insurer’s licence issued under the Insurance Act. 1997, c. 28, s. 32. Hearing (2) If the Superintendent intends to suspend or cancel the licence of an insurer, the procedure set out in section 58 of the Insurance Act applies to the suspension or cancellation, as the case may be. 1997, c. 28, s. 32. Definitions 14.2 In sections 14.3 to 14.7 and subsection 15 (3), “person” includes the Association; (“personne”) “requirement established under this Act” means, (a) a requirement imposed by a provision of this Act that is prescribed for the purpose of section 14.4 or 14.5 or by a provision of a regulation that is prescribed for the purpose of either of those sections, (b) a requirement imposed by order, or (c) an obligation assumed by way of undertaking. (“exigence établie en vertu de la présente loi”) 2012, c. 8, Sched. 8, s. 2. Administrative penalties 14.3 (1) An administrative penalty may be imposed under section 14.4 or 14.5 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. 8, s. 2. Same BCT Traffic – Compulsory Automobile Insurance Act 12 March 13, 2015 (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 14.1 for the suspension or cancellation of an insurer’s licence. 2012, c. 8, Sched. 8, s. 2. General administrative penalties 14.4 (1) If the Superintendent is satisfied that a person is contravening or not complying with or has contravened or failed to comply with any of the following, the Superintendent may, by order, impose an administrative penalty on the person in accordance with this section and the regulations: 1. A provision of this Act or the regulations 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 14.2. 2012, c. 8, Sched. 8, s. 2. Procedure (2) If the Superintendent 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. 8, s. 2. Summary administrative penalties 14.5 (1) If the Superintendent is satisfied that a person is contravening or not complying with or has contravened or failed to comply with a provision of this Act or the regulations as may be prescribed, the Superintendent may, by order, impose an administrative penalty on the person in accordance with this section and the regulations. 2012, c. 8, Sched. 8, s. 2. 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. 8, s. 2. Maximum administrative penalties 14.6 (1) An administrative penalty imposed under section 14.4 shall not exceed the following amounts: 1. For a contravention or failure to comply by a person, other than an individual, $200,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act. 2. For a contravention or failure to comply by an individual, $100,000 or such lesser amount as may be prescribed for a prescribed requirement established under this Act. 2012, c. 8, Sched. 8, s. 2. Same (2) An administrative penalty imposed under section 14.5 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. 8, s. 2. Enforcement of administrative penalties BCT Traffic – Compulsory Automobile Insurance Act 13 March 13, 2015 14.7 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. 8, s. 2. Regulations 15. (1) The Lieutenant Governor in Council may make regulations, (a) exempting any person or class of persons or vehicle or class of vehicles from this Act or any provision of this Act, subject to such conditions as are set out in the regulations; (b) prescribing identifying markers for all automobiles licensed in Ontario and providing for their use; (c) REPEALED: 1997, c. 19, s. 2 (2). (c.1) making amendments to the Plan and to the articles of association, by‐laws, rules and resolutions of the Association; (c.2) prescribing persons, classes of persons, insurers, classes of insurers, information and conditions for the purposes of subsection 13 (3). (d) REPEALED: 1997, c. 19, s. 2 (3). R.S.O. 1990, c. C.25, s. 15; 1993, c. 10, s. 52 (12); 1996, c. 21, s. 50 (12, 13); 1997, c. 19, s. 2 (2, 3); 2002, c. 22, s. 35. Regulation under cl. (1) (c.1) (2) A regulation shall not be made under clause (1) (c.1) unless the Superintendent has consulted with the Association on the subject matter of the regulation and has submitted a report on the consultation to the Minister of Finance. 1993, c. 10, s. 52 (13); 1997, c. 28, s. 29. Regulations, administrative penalties (3) The Lieutenant Governor in Council may make regulations governing the administrative penalties that may be imposed under sections 14.4 and 14.5 and, without limiting the generality of the foregoing, may make regulations, (a) prescribing provisions of this Act or the regulations for the purposes of sections 14.4 and 14.5; (b) prescribing criteria the Superintendent is required or permitted to consider when imposing a penalty under section 14.4 or 14.5; (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 and for different classes of persons; (d) authorizing the Superintendent 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 Superintendent is required or permitted to consider when determining this; (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 14.6 or prescribed under clause (j)) for a second or subsequent contravention or failure to comply by a person; (g) governing the manner of paying the penalties; BCT Traffic – Compulsory Automobile Insurance Act 14 March 13, 2015 (h) requiring that a penalty be paid before a specified deadline or before a deadline specified by the Superintendent; (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 14.6 (1) or (2). 2012, c. 8, Sched. 8, s. 3. Forms 16. (1) The Superintendent may approve forms for the purposes of this Act and the forms may provide for such information to be furnished as the Superintendent may require. 1997, c. 19, s. 2 (4); 1997, c. 28, s. 33 (2). Electronic forms (2) The Superintendent may approve an electronic version of a form. 1997, c. 19, s. 2 (4); 1997, c. 28, s. 33 (2). ______________ Français Back to top BCT Traffic – Compulsory Automobile Insurance Act 15 March 13, 2015 Compulsory Automobile Insurance Act Loi sur l’assurance‐automobile obligatoire R.R.O. 1990, REGULATION 95 EXEMPTIONS Consolidation Period: From February 21, 2005 to the e‐Laws currency date. Last amendment: O.Reg. 51/05. This Regulation is made in English only. 1. The Act does not apply to, (a) the Governor General; (b) a department of the Government of Canada; (c) the operator of a motor vehicle owned by or leased to the Governor General or a department of the Government of Canada. R.R.O. 1990, Reg. 95, s. 1. 2. (1) Subject to the conditions set out in subsection (2), the Act does not apply to, (a) a member in good standing of the Conservative Mennonite Churches of Ontario who is a member of the Conservative Mennonite Automobile Brotherhood Assistance Plan; or (b) the operator of a motor vehicle owned by or leased to a person referred to in clause (a). R.R.O. 1990, Reg. 95, s. 2 (1). (2) The following conditions apply to the exemption granted by subsection (1): 1. The Conservative Mennonite Churches of Ontario shall establish a plan to provide for financial responsibility, resulting from motor vehicle accidents, for its members. 2. The Plan referred to in paragraph 1 shall be known as the Conservative Mennonite Automobile Brotherhood Assistance Plan. 3. Where a new Plan Administrator is appointed, the new Plan Administrator shall forthwith advise the Superintendent of their name and address. 4. Any Mennonite who is a member in good standing of one of the Conservative Mennonite Churches of Ontario may, by written application to his or her pastor, apply for membership in the Plan. 5. If the pastor approves the application, the pastor shall submit the application to the Plan Administrator who shall keep a record of all approved applications. 6. The Plan Administrator shall issue to each member of the Plan a completed identification card in a form approved by the Superintendent. 7. The Plan Administrator may cancel any membership by giving thirty days written notice of the cancellation to the member by registered mail. 8. Where the death of or personal injury to or loss of or damage to property of any person is occasioned in Ontario by a member of the Plan or a person operating a motor vehicle of a member of the Plan, the Plan shall pay claims to persons who are not members of the Plan to the same extent as if the Plan were an insurer and as if the motor vehicle of the member was insured under a contract of automobile insurance but the liability of the Plan shall be limited to the minimum liability provided for in subsection 251 (1) of the Insurance Act, in respect of any one accident. 9. The Plan Administrator shall, at the request of the Superintendent, provide the Superintendent with proof that the Plan has established an irrevocable line of credit in the amount of at least $100,000 with chartered banks operating in Ontario. 10. For the purposes of completing the Certificate of Insurance required by the Act, a member of the Plan shall mark on the certificate “Exempt — C.M.A.B.A. Plan” and shall sign the Certificate. 10.1 At the time of submitting the Certificate of Insurance, the member shall submit for inspection the identification card issued to the member under paragraph 6. BCT Traffic – Compulsory Automobile Insurance Act 16 March 13, 2015 11. A member of the Plan or the operator of a motor vehicle owned by a member of the Plan, as the case may be, shall have the identification card issued under paragraph 6 in the motor vehicle at all times while operating the motor vehicle on a highway and shall surrender the identification card for reasonable inspection upon the demand of a police officer. R.R.O. 1990, Reg. 95, s. 2 (2); O. Reg. 51/05, s. 1. 3. The TTC Insurance Company Limited is exempt from the requirements of section 7 of the Act. O. Reg. 51/05, s. 2. FORM 1 REVOKED: O. Reg. 51/05, s. 3. Back to top BCT Traffic – Compulsory Automobile Insurance Act 17 March 13, 2015