O. Reg. 444/18: STATUTORY ACCIDENT BENEFITS SCHEDULE - EFFECTIVE SEPTEMBER 1, 2010
filed October 17, 2018 under Insurance Act, R.S.O. 1990, c. I.8
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made under the
Insurance Act
Made: October 17, 2018
Filed: October 17, 2018
Published on e-Laws: October 18, 2018
Printed in The Ontario Gazette: November 3, 2018
Amending O. Reg. 34/10
(STATUTORY ACCIDENT BENEFITS SCHEDULE - EFFECTIVE SEPTEMBER 1, 2010)
1. (1) Clause 31 (1) (e) of Ontario Regulation 34/10 is revoked and the following substituted:
(e) in respect of a person who is convicted of an offence under section 254 of the Criminal Code (Canada) of failing to comply with a lawful demand to provide a breath sample or a sample of a bodily substance, perform physical coordination tests or submit to an evaluation in connection with the accident.
(2) Subsection 31 (1) of the Regulation is amended by striking out “or” at the end of subclause (d) (ii) and by revoking clause (e) and substituting the following:
(e) in respect of a person who is convicted of an offence under section 320.15 of the Criminal Code (Canada) of failing to comply with a lawful demand to provide a breath sample or a sample of a bodily substance, perform physical coordination tests or submit to an evaluation in connection with the accident; or
(f) in respect of a person who was convicted of an offence under section 254 of the Criminal Code (Canada), as it read before December 18, 2018, of failing to comply with a lawful demand to provide a breath sample or a sample of a bodily substance, perform physical coordination tests or submit to an evaluation in connection with the accident.
(3) Clause 31 (3) (b) of the Regulation is revoked and the following substituted:
(b) the person is charged with an offence under section 254 of the Criminal Code (Canada) of failing to comply with a lawful demand to provide a breath sample or a sample of a bodily substance, perform physical coordination tests or submit to an evaluation in connection with the accident.
(4) Subsection 31 (3) of the Regulation is amended by striking out “or” at the end of clause (a) and by revoking clause (b) and substituting the following:
(b) the person is charged with an offence under section 320.15 of the Criminal Code (Canada) of failing to comply with a lawful demand to provide a breath sample or a sample of a bodily substance, perform physical coordination tests or submit to an evaluation in connection with the accident; or
(c) the person is charged with an offence under section 254 of the Criminal Code (Canada), as it read before December 18, 2018, of failing to comply with a lawful demand to provide a breath sample or a sample of a bodily substance, perform physical coordination tests or submit to an evaluation in connection with the accident.
(5) Subsection 31 (5) of the Regulation is revoked and the following substituted:
(5) In this section,
“criminal offence” means,
(a) operating an automobile while the ability to operate the automobile is impaired by alcohol or a drug or a combination of alcohol and a drug,
(b) operating an automobile while the concentration of alcohol or drug in the operator’s blood exceeds the limit permitted by law,
(c) failing to comply with a lawful demand to provide a breath sample or a sample of a bodily substance, perform physical coordination tests or submit to an evaluation, or
(d) any other criminal offence, whether or not the offence is related to the operation of an automobile.
Commencement
2. (1) Subject to subsection (2), this Regulation comes into force on the later of October 17, 2018 and the day it is filed.
(2) Subsections 1 (2) and (4) come into force on the later of December 18, 2018 and the day this Regulation is filed.