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Emergency Service Provider's Insurance Protection Act (Insurance Amendment), 2004, S.O. 2004, c. 11 - Bill 40

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EXPLANATORY NOTE

This Explanatory Note was written as a reader’s aid to Bill 40 and does not form part of the law.  Bill 40 has been enacted as Chapter 11 of the Statutes of Ontario, 2004.

The Bill amends the Insurance Act to prevent insurers from considering accidents involving emergency vehicles while they are being operated on duty for purposes of contracts of automobile insurance, other than for contracts covering the emergency vehicle. For the purposes of the amendment, fire department vehicles, police vehicles and emergency response vehicles are emergency vehicles.

 

chapter 11

An Act to amend
the Insurance Act to protect
emergency service providers
from rate increases to
their personal contracts
of automobile insurance

Assented to June 24, 2004

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The Insurance Act is amended by adding by adding the following section:

Risk classification systems, emergency vehicles

417.0.1 (1) No insurer shall use a risk classification system in classifying risks for a coverage or category of automobile insurance that permits an insurer to consider for purposes of a contract of automobile insurance, other than a contract covering the emergency vehicle, an accident arising out of a person’s use or operation of an emergency vehicle while on duty.

Meaning of emergency vehicle

(2) Subsection (1) applies to the following emergency vehicles:

1. A fire department vehicle.

2. A police vehicle while used by a person in the lawful performance of his or her duties as a police officer.

3. An emergency response vehicle.

Rates, accidents involving emergency vehicles

(3) No insurer shall use a rate for a coverage or category of automobile insurance that is contrary to subsection (1).

Limitation

(4) This section does not apply when a person is operating his or her personal automobile.

Definitions

(5) In this section,

“automobile” means an automobile within the meaning of Part VI; (“automobile”)

“contract of automobile insurance” means a contract of automobile insurance within the meaning of Part VI; (“contrat d’assurance-automobile”)

“emergency response vehicle” means a vehicle within the meaning of the Highway Traffic Act operated by an ambulance service, other than an ambulance, that is used to provide emergency response services, and that has been assigned an emergency response vehicle number by the Director of the Emergency Health Services Branch of the Ministry of Health and Long-Term Care; (“véhicule d’intervention en cas d’urgence”)

“fire department vehicle” includes an emergency crash extrication vehicle owned and operated by a rescue organization approved by the Minister in writing for the purposes of this Part and a vehicle designated in writing by the Fire Marshal of Ontario as a “fire department vehicle”; (“véhicule de pompiers”)

“insurer” includes the Facility Association; (“assureur”)

“Minister” means the Minister of Community Safety and Correctional Services or such other member of the Executive Council as may be assigned the administration of this Act under the Executive Council Act. (“ministre”)

Commencement

2. This Act comes into force on the day it receives Royal Assent.

Short title

3. The short title of this Act is the Emergency Service Provider’s Insurance Protection Act (Insurance Amendment), 2004.