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O. Reg. 123/19: STATUTORY ACCIDENT BENEFITS SCHEDULE - EFFECTIVE SEPTEMBER 1, 2010

filed June 3, 2019 under Insurance Act, R.S.O. 1990, c. I.8

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ontario regulation 123/19

made under the

Insurance Act

Made: May 30, 2019
Filed: June 3, 2019
Published on e-Laws: June 3, 2019
Printed in The Ontario Gazette: June 22, 2019

Amending O. Reg. 34/10

(STATUTORY ACCIDENT BENEFITS SCHEDULE - EFFECTIVE SEPTEMBER 1, 2010)

1. (1) Clause (a) of the definition of “authorized transportation expense” in subsection 3 (1) of Ontario Regulation 34/10 is revoked and the following substituted:

(a) that are authorized by, and calculated by applying the rates set out in, the most recent transportation expense guideline published by the Financial Services Regulatory Authority of Ontario, and

(2) Clause (a) of the definition of “Guideline” in subsection 3 (1) of the Regulation is amended by striking out” Superintendent” and substituting “Chief Executive Officer”. 

(3) Clause (b) of the definition of “Guideline” in subsection 3 (1) of the Regulation is amended by striking out “Financial Services Commission of Ontario” and substituting “Financial Services Regulatory Authority of Ontario”. 

(4) The definition of “Minor Injury Guideline” in subsection 3 (1) of the Regulation is amended by striking out “Superintendent” and substituting “Chief Executive Officer”. 

(5) Section 3 of the Regulation is amended by adding the following subsections:

(2) The reference in clause (a) of the definition of “authorized transportation expense” to the transportation expense guideline published by the Financial Services Regulatory Authority of Ontario is deemed to include the last Transportation Expense Guideline published by the Financial Services Commission of Ontario 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 Financial Services Regulatory Authority of Ontario publishes a subsequent transportation expense guideline. 

(3) For the purposes of the definitions of “Guideline” and “Minor Injury Guideline”, references to a guideline issued by the Chief Executive Officer are deemed to include the last guideline issued by the Superintendent for the purposes of the relevant definition 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 issues a subsequent guideline for the purposes of the relevant definition. 

(4) For the purpose of the definition of “Guideline”, the reference to a guideline published by the Financial Services Regulatory Authority of Ontario is deemed to include the last guideline published by the Financial Services Commission of Ontario for the purposes of that definition 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 Financial Services Regulatory Authority of Ontario publishes a subsequent guideline for the purposes of that definition.

2. (1) Subsection 18 (1) of the Regulation is amended by adding “plus the amount of any applicable harmonized sales tax payable under Part IX of the Excise Tax Act (Canada) for accidents that occur on or after June 3, 2019” after “$3,500”. 

(2) Subsection 18 (2) of the Regulation is amended by striking out “$3,500” wherever it appears. 

(3) Clause 18 (3) (a) of the Regulation is amended by adding “plus the amount of any applicable harmonized sales tax payable under Part IX of the Excise Tax Act (Canada) for accidents that occur on or after June 3, 2019” after “$65,000”. 

(4) Clause 18 (3) (b) of the Regulation is amended by adding “plus the amount of any applicable harmonized sales tax payable under Part IX of the Excise Tax Act (Canada) for accidents that occur on or after June 3, 2019” after “$1,000,000”. 

3. (1) Subparagraph 1 i of subsection 19 (3) of the Regulation is amended by adding “plus the amount of any applicable harmonized sales tax payable under Part IX of the Excise Tax Act (Canada) for accidents that occur on or after June 3, 2019” after “per month”. 

(2) Subparagraph 1 ii of subsection 19 (3) of the Regulation is amended by adding “plus the amount of any applicable harmonized sales tax payable under Part IX of the Excise Tax Act (Canada) for accidents that occur on or after June 3, 2019” after “per month”. 

4. Clause 25 (5) (a) of the Regulation is amended by adding “plus the amount of any applicable harmonized sales tax payable under Part IX of the Excise Tax Act (Canada) for accidents that occur on or after June 3, 2019” after “$2,000”. 

5. (1) Paragraph 3 of subsection 28 (1) of the Regulation is amended by adding “plus the amount of any applicable harmonized sales tax payable under Part IX of the Excise Tax Act (Canada) for accidents that occur on or after June 3, 2019” after “$130,000”. 

(2) Paragraph 4 of subsection 28 (1) of the Regulation is amended by adding “plus the amount of any applicable harmonized sales tax payable under Part IX of the Excise Tax Act (Canada) for accidents that occur on or after June 3, 2019” after “following maximum amounts” in the portion before subparagraph i. 

(3) Paragraph 5 of subsection 28 (1) of the Regulation is amended by adding “plus the amount of any applicable harmonized sales tax payable under Part IX of the Excise Tax Act (Canada) for accidents that occur on or after June 3, 2019” after “$1,000,000”. 

(4)  Clause 28 (7) (a) of the Regulation is amended by adding “plus the amount of any applicable harmonized sales tax payable under Part IX of the Excise Tax Act (Canada) for accidents that occur on or after June 3, 2019” after “$6,000”. 

6. Subsection 30 (3) of the Regulation is amended by striking out “by the Financial Services Commission of Ontario” and substituting “by the Financial Services Regulatory Authority of Ontario”. 

7. Sub-subclause 38 (3) (c) (i) (B) of the Regulation is amended by striking out “$3,500”

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

Transition re forms

67.1 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. 

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

1. Clause 42 (1) (a).

2. Subsection 49 (1).

3. Paragraph 1 of section 49.1.

4. Clause 50 (3) (f).

5. Clause 64 (2) (d).

6. Section 66.

7. Subsection 67 (1).

Commencement

10. (1) Subject to subsection (2), this Regulation comes into force on the day it is filed.

(2) Sections 1, 6, 8 and 9 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.

 

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