O. Reg. 279/03: DISCLOSURE OF INFORMATION

 

ontario regulation 279/03

made under the

motor vehicle accident claims act

Made: June 25, 2003
Filed: July 2, 2003
Printed in The Ontario Gazette: July 19, 2003

disclosure of information

Definitions

1. In this Regulation,

“applicant” means a person who has a cause of action against the Superintendent or against the owner or driver of a motor vehicle that may be uninsured and includes,

(a) a person who has served a notice on the Superintendent under section 3 of the Act,

(b) a person who has made an application for payment out of the Fund under section 4 or 7 of the Act,

(c) a person who has provided notice to the Minister under section 8 of the Act, or

(d) a person who may bring an action against the Superintendent under section 12, 13 or 15 of the Act;

“member of a health profession” means a member of a College as defined in the Regulated Health Professions Act, 1991;

“same-sex partner” has the same meaning as in Part III of the Family Law Act;

“spouse” has the same meaning as in Part III of the Family Law Act.

Information to be provided under s. 27.1 (a) of Act

2. For the purpose of clause 27.1 (a) of the Act, an applicant must provide the following information to the Minister within the applicable time period set out in section 3:

1. Details of any insurance policy that may have provided coverage for the incident including,

i. whether any of the following persons was, on the date of the incident, an insured under an automobile insurance policy, and if so, the name, address and date of birth of the person and the name of the insurance company and the policy number for:

A. the applicant,

B. any spouse or same-sex partner of the applicant,

C. any person upon whom the applicant is dependent, and

D. any person who is a dependent relative of the applicant,

ii. whether any of the persons referred to in sub-subparagraphs i A to D was a lessee of a vehicle, on a lease of more than 30 days, and if so, the name and address of the lessor, the name of the insurance company insuring the leased vehicle and the policy number,

iii. whether any of the persons referred to in sub-subparagraphs i  A to D had regular use of any motor vehicle insured by their employer, and if so, the name and address of the employer, and the name of the insurance company insuring the employer’s vehicle and the policy number,

iv. whether the applicant was a specified driver under any policy of insurance, and if so, the name of the insurance company and the policy number,

v. whether any of the vehicles involved in the incident that is the subject of the notice or application filed by the applicant were described vehicles under an automobile insurance policy, and if so, the name of the insurance company and the policy number.

2. Names and addresses of all persons against whom the applicant might reasonably be considered as having a cause of action in respect of the damages in question and details of any proceedings commenced against those persons.

3. Place of residence of the applicant on the date of the incident, including address.

4. Confirmation of whether a police report was prepared as a result of the incident, and if one was, a copy of the report.

5. If the applicant is making a claim in respect of income loss, evidence of the person’s income from all sources for the 52 weeks immediately preceding the incident.

6. If the applicant is making a claim arising out of another person’s death, the applicant’s consent to the Minister obtaining a copy of the autopsy report.

7. A copy, or the applicant’s consent to the Minister obtaining a copy, of every application for statutory accident benefits that the applicant submitted to any insurer during the time period described in clause 3 (b) as a result of the incident, and all other material submitted in connection with the applications.

8. A copy, or the applicant’s consent to the Minister obtaining a copy, of every application that the applicant submitted to a person during the time period described in clause 3 (b) for benefits that may be available as a result of the incident.

9. A copy of every medical report prepared for the applicant during the time period described in clause 3 (b) in respect of the applicant’s injuries arising from the incident.

10. A copy, or the applicant’s consent to the Minister obtaining a copy, of any clinical notes and records prepared by every member of a health profession who cared for the applicant during the time period described in clause 3 (b) in respect of injuries arising from the incident.

Applicable time periods

3. The time periods applicable to section 2 are the periods that begin at the time of the incident and end,

(a) 180 days after the incident occurs in the case of the information required by paragraphs 1 to 6 of section 2; or

(b) 210 days after the incident occurs in the case of the information required by paragraphs 7 to 10 of section 2.

Failure to provide does not relieve

4. A failure by the applicant to provide any information within the time periods referred to in section 3 does not relieve the applicant from providing the information.

Reasonable expenses

5. Paragraphs 9 and 10 of section 2 do not apply unless the Minister pays all reasonable expenses incurred in obtaining the material referred to in those paragraphs.