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Compulsory Automobile Insurance Act

R.R.O. 1990, REGULATION 95


Historical version for the period October 14, 2021 to December 31, 2021.

Last amendment: 708/21.

Legislative History: 51/05, 577/17, 141/19, 408/21, 708/21.

This is the English version of a bilingual regulation.

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 Chief Executive Officer 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 Chief Executive Officer.

7. The Plan Administrator may cancel any membership by giving thirty days written notice of the cancellation to the member by registered mail.

Note: On January 1, 2022, the day section 1 of Schedule 33 to the Protecting What Matters Most Act (Budget Measures), 2019 comes into force, paragraph 7 of subsection 2 (2) of the Regulation is amended by adding “personal delivery, prepaid courier if there is a record by the person who has delivered it that the notice has been sent, or electronic means if the member consents to delivery by electronic means” at the end. (See: O. Reg. 708/21, s. 1)

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 Chief Executive Officer, provide the Chief Executive Officer with proof that the Plan has established an irrevocable line of credit in the amount of at least $100,000 with a bank or authorized foreign bank within the meaning of section 2 of the Bank Act (Canada) that is operating in Ontario or a credit union within the meaning of the Credit Unions and Caisses Populaires Act, 1994.

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.

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; O. Reg. 577/17, s. 1; O. Reg. 141/19, 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.

4. Section 2 of the Act does not apply to a golf car operating under the pilot project established under Ontario Regulation 407/21 (Pilot Project — Golf Cars) made under the Highway Traffic Act. O. Reg. 408/21, s. 1.

Note: On June 3, 2031, section 4 of the Regulation is revoked. (See: O. Reg. 408/21, s. 2)

Form 1 Revoked: O. Reg. 51/05, s. 3.