EXEMPTION ORDERS UNDER SECTION 15.1 OF THE ACT

Insurance Act

ONTARIO REGULATION 704/21

EXEMPTION ORDERS UNDER SECTION 15.1 OF THE ACT

Historical version for the period March 11, 2022 to March 31, 2022.

Last amendment: 210/22.

Legislative History: 210/22.

This is the English version of a bilingual regulation.

Requirements in the Act, regulations and rules

1. The following requirements are prescribed for the purposes of subsection 15.1 (1) of the Act:

1.  The requirement to use an approved form under subsection 227 (1) of the Act.

2.  The requirements in respect of the times when benefit statements must be delivered under subsection 50 (4) of Ontario Regulation 34/10 (Statutory Accident Benefits Schedule — Effective September 1, 2010) made under the Act.

3.  The requirement in respect of the form of documents under section 66 of Ontario Regulation 34/10 (Statutory Accident Benefits Schedule — Effective September 1, 2010).

4.  The requirements in respect of group marketing plans set out in section 17 of Regulation 664 of the Revised Regulations of Ontario, 1990 (Automobile Insurance) made under the Act.

Non-application of provisions in the Act, regulations and rules

2. The following provisions are prescribed for the purposes of subsection 15.1 (1) of the Act:

1.  Section 231 of the Act, but only for the purpose of permitting subscription-based automobile insurance.

2.  Section 236 of the Act.

3.  Subsection 268 (1) of the Act, but only in respect of an exemption order made under paragraph 2 or 3 of section 1 of this Regulation.

4.  Section 439 of the Act, but only in respect of an unfair or deceptive act or practice that is described in paragraph 7 or 12 of section 1 or paragraph 1, 2, 3 or 8 of subsection 2 (1) of Ontario Regulation 7/00 (Unfair or Deceptive Acts or Practices) made under the Act and only in respect of automobile insurance.

Note: On April 1, 2022, paragraph 4 of section 2 of the Regulation is revoked and the following substituted: (See: O. Reg. 210/22, s. 1)

4.  Section 439 of the Act, but only in respect of an unfair or deceptive act or practice that is described in subsection 10 (1) of Authority Rule 2020-002 (Unfair or Deceptive Acts or Practices) made under the Act.

5.  Subsection 16 (5) of Regulation 664 of the Revised Regulations of Ontario, 1990 (Automobile Insurance) made under the Act, but only in respect of the minimum number of members required to be in an organized group in order for membership in the group to be used as an element of a risk classification system.

Limits and conditions

3. The following limits and conditions are prescribed for the purposes of subsection 15.1 (2) of the Act:

1.  The term of an exemption order shall not exceed two years.

2.  An exemption order may, on application by the person or entity that is the subject of the order, be renewed by the Chief Executive Officer for one further term not exceeding two years.

4. Omitted (provides for coming into force of provisions of this Regulation).