O. Reg. 180/19: AUTOMOBILE INSURANCE

Français

ontario regulation 180/19

made under the

Insurance Act

Made: June 6, 2019
Filed: June 6, 2019
Published on e-Laws: June 7, 2019
Printed in The Ontario Gazette: June 22, 2019

Amending Reg. 664 of R.R.O. 1990

(AUTOMOBILE INSURANCE)

1. Sections 19 and 20 of Regulation 664 of the Revised Regulations of Ontario are revoked and the following substituted:

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”)

20. (1) On July 1, 2020, any of the following proceedings that were continued by subsection 21 (1) or section 22.1 of this Regulation, as either provision read immediately before July 1, 2020, and that have not been finally determined by July 1, 2020 are extinguished:

1. A mediation under section 280 of the pre-transition date Act.

2. An arbitration under section 282 of the pre-transition date Act.

3. An appeal under section 283 of the pre-transition date Act.

4. An application for a variation or revocation of an order under subsection 284 of the pre-transition date Act.

(2) For greater certainty, no party may commence a new proceeding described in subsection (1).

(3) Despite subsection (1), if a motion or application to a judge for approval of a settlement in respect of a person under disability has been made in accordance with the Rules of Civil Procedure on or before July 1, 2020 in respect of a proceeding described in paragraph 2, 3 or 4 of subsection (1), the proceeding is continued until the settlement is approved or not approved by the judge.

(4) A proceeding described in subsection (3) is extinguished on the day the settlement is not approved by a judge, and,

(a) in the case of a proceeding described in paragraph 2 of subsection (1), either party may make a new application to the Licence Appeal Tribunal within 90 days after the day the judge refused to approve the settlement to resolve the dispute in accordance with section 280 of the Act; or

(b) in the case of a proceeding described in paragraph 3 of subsection (1), the former appellant may make an appeal of the arbitration order to the Divisional Court in accordance with section 11 of the Licence Appeal Tribunal Act, 1999, within 30 days after the day the judge refused to approve the settlement, as if,

(i) it were an appeal of a decision of the Licence Appeal Tribunal, and

(ii) the arbitration order were made on the day the judge refused to approve the settlement.

(5) If, on July 1, 2020, an order has not yet been issued in an arbitration described in paragraph 2 of subsection (1), 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.

(6) If, on July 1, 2020, an order has previously been issued in an arbitration described in paragraph 2 of subsection (1) but the issue of a special award under subsection 282 (10) of the pre-transition date Act or of costs has not been finally determined, either party may apply to the Licence Appeal Tribunal under section 280 of the Act on or before December 1, 2020 to decide that outstanding issue.

(7) 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 clause (4) (a) or subsection (5) or (6).

(8) If an order has been issued in an arbitration described in paragraph 2 of subsection (1) before July 1, 2020, the order has not been appealed and the time to serve a notice of motion for leave to appeal, as set out in subsection 283 (2) of the pre-transition date Act, has not expired, either party may appeal the arbitration order to the Divisional Court in accordance with section 11 of the Licence Appeal Tribunal Act, 1999 as if it were an appeal of a decision of the Licence Appeal Tribunal.

(9) If an appeal of an arbitration order has been extinguished by subsection (1), the former appellant may make an appeal of the arbitration order to the Divisional Court, in accordance with section 11 of the Licence Appeal Tribunal Act, 1999, before December 1, 2020 as if,

(a) it were an appeal of a decision of the Licence Appeal Tribunal; and

(b) the arbitration order were made on July 1, 2020.

2. (1) Section 21 of the Regulation is amended by adding the following subsection:

(7) If an order is issued or has previously been issued in an arbitration continued under paragraph 3 of subsection (2) and the time for serving a notice of appeal has not expired, as set out in subsection 283 (2) of the pre-transition date Act, either party may appeal the arbitration order to the Divisional Court in accordance with section 11 of the Licence Appeal Tribunal Act, 1999 as if it were an appeal of a decision of the Licence Appeal Tribunal.

(8) If, in connection with an appeal under subsection (7), the Divisional Court refers a dispute to be decided by the Director or an arbitrator, 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.

(9) If, in connection with an appeal under subsection (7), the Divisional Court refers a dispute to be decided by the Licence Appeal Tribunal, the dispute shall be resolved in accordance with section 280 of the Act.

(10) 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 (8).

(11) 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.

(2) Section 21 of the Regulation, as amended by subsection (1), is revoked and the following substituted:

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.

(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.

(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.

(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).

3. (1) Section 22 of the Regulation is revoked and the following substituted:

22. (1)  No party may commence any of the following proceedings on or after June 8, 2019:

1. A mediation under section 280 of the pre-transition date Act.

2. An arbitration under section 282 of the pre-transition date Act.

3. An appeal under section 283 of the pre-transition date Act.

4. An application for a variation or revocation of an order under subsection 284 of the pre-transition date Act.

(2) If the parties to a proceeding continued under subsection 21 (1) or section 22.1 enter into a settlement as defined in subsection 9.1 (1) in respect of the proceeding on or after June 8, 2019 or have entered into a settlement in respect of the proceeding before that date, the proceeding is extinguished.  However, either of the parties may make a new application to the Licence Appeal Tribunal in accordance with section 280 of the Act to resolve the dispute and, for greater certainty, the dispute shall be resolved in accordance with the rules of the Licence Appeal Tribunal.

(2) Section 22 of the Regulation, as remade by subsection (1), is revoked and the following substituted:

22. (1)  For greater certainty, nothing in section 20 or 21 prevents a party from seeking judicial review.

(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.

4. The Regulation is amended by adding the following section:

22.1 A proceeding commenced under section 22, as it read immediately before June 8, 2019, but not completed before June 8, 2019, is continued after that date, and subsection 21 (3) applies with respect to those proceedings.

5. Sections 22.1 to 25 of the Regulation are revoked.

6. The Regulation is amended by adding the following section:

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.

7. The Regulation is amended by striking out “Superintendent” wherever it appears in the following provisions and substituting in each case “Chief Executive Officer”:

1. Subsection 5.1 (1).

2. Subsection 9.1 (3) in the portion before paragraph 1.

3. Subsection 14.1 (1).

Commencement

8. (1) Subject to subsections (2) and (3), this Regulation comes into force on the day it is filed.

(2) Section 1, subsections 2 (2) and 3 (2) and section 5 come into force on July 1, 2020.

(3) Subsections 2 (1) and 3 (1) and sections 4, 6 and 7 come into force on the later of the day section 22 of Schedule 13 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force and the day this Regulation is filed.

 

Français