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O. Reg. 47/16: STATUTORY ACCIDENT BENEFITS SCHEDULE - ACCIDENTS BEFORE JANUARY 1, 1994

filed March 4, 2016 under Insurance Act, R.S.O. 1990, c. I.8

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ontario regulation 47/16

made under the

Insurance Act

Made: March 2, 2016
Filed: March 4, 2016
Published on e-Laws: March 4, 2016
Printed in The Ontario Gazette: March 19, 2016

 

Amending Reg. 672 of R.R.O. 1990

(STATUTORY ACCIDENT BENEFITS SCHEDULE - ACCIDENTS BEFORE JANUARY 1, 1994)

1. The definition of “T” in subsection 21 (2) of Regulation 672 of the Revised Regulations of Ontario, 1990 is amended by striking out “of the Insurance Act” and substituting “of the Act as it read immediately before the transition date within the meaning of subsection 283 (5) of the Act”.

2. Sections 25 and 26 of the Regulation are revoked and the following substituted:

Restriction on Proceedings

25. (1) Subject to subsection (2), an insured person shall not apply to the Licence Appeal Tribunal under subsection 280 (2) of the Act if any of the following circumstances exist:

1. The requirements of section 22 have not been satisfied.

2. The insured person has not made themselves reasonably available for any examination required under section 23.

(2) The Licence Appeal Tribunal may permit an insured person to apply despite paragraph 2 of subsection (1).

(3) The Licence Appeal Tribunal may impose terms and conditions on a permission granted under subsection (2) of this section.

Time Limit for Proceedings

26. An application under subsection 280 (2) of the Act in respect of a benefit shall be commenced within two years after the insurer’s refusal to pay the amount claimed or, if the person has attended school or accepted, or returned to, an occupation or employment, as permitted by section 16, within two years after the insurer’s refusal to pay further benefits.

3. Section 29 of the Regulation is revoked and the following substituted:

Forms

29. Each of the following documents shall be in a form approved by the Superintendent:

1. An initial application for benefits under Part II, IV or V.

2. An application for additional benefits under Part II, IV or V.

3. An application for benefits under Part III.

4. A certificate required by subsection 23 (1).

4. Forms 1 to 4 of the Regulation are revoked.

Commencement

5. This Regulation comes into force on the later of the day section 14 of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 comes into force and the day this Regulation is filed.