ontario regulation 295/07

made under the

Insurance Act

Made: June 27, 2007
Filed: July 3, 2007
Published on e-Laws: July 4, 2007
Printed in The Ontario Gazette: July 21, 2007

Amending O. Reg. 403/96

(Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996)

1. The definitions of “Grade I Whiplash Guideline” and “Grade II Whiplash Guideline” in subsection 2 (1) of Ontario Regulation 403/96 are revoked. 

2. Clauses 5 (2) (d) and (e) of the Regulation are revoked and the following substituted:

(d) for any period longer than 12 weeks after the accident, in the case of an insured person whose impairment is a Grade I whiplash-associated disorder that comes within a Pre-approved Framework Guideline, if the accident occurred after April 14, 2004; or

(e) for any period longer than 16 weeks after the accident, in the case of an insured person whose impairment is a Grade II whiplash-associated disorder that comes within a Pre-approved Framework Guideline, if the accident occurred after April 14, 2004.

3. Subsection 16 (1.1) of the Regulation is revoked and the following substituted:

(1.1) Despite subsection (1), if the accident occurred after April 14, 2004, no attendant care benefit is payable to an insured person whose impairment is a Grade I or Grade II whiplash-associated disorder that comes within a Pre-approved Framework Guideline.

4. Clause 19 (2) (b) of the Regulation is revoked and the following substituted:

(b) nil, if the accident occurred after April 14, 2004 and the insured person’s impairment is a Grade I or Grade II whiplash-associated disorder that comes within a Pre-approved Framework Guideline; or

5. (1) Sub-sub-subparagraph 3 ii B 2 of subsection 27 (1) of the Regulation is revoked and the following substituted:

2.  an impairment in an accident occurring after April 14, 2004 that is a Grade I or Grade II whiplash-associated disorder that comes within a Pre-approved Framework Guideline, or

(2) Sub-subparagraph 3 ii C of subsection 27 (1) of the Regulation is revoked and the following substituted:

C. nil, if the accident occurred after April 14, 2004 and the insured person’s impairment is a Grade I or Grade II whiplash-associated disorder that comes within a Pre-approved Framework Guideline.

6. This Regulation comes into force on the day it is filed.