INSURANCE ACT - O. Reg. 114/00

INSURANCE ACT - O. Reg. 114/00

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ONTARIO REGULATION 114/00

made under the

INSURANCE ACT

Made: February 16, 2000
Filed: February 16, 2000

Amending O. Reg. 403/96

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

1.(1)Clause (a) of the definition of “insured person” in subsection 2 (1) of Ontario Regulation 403/96 is revoked and the following substituted:

(a)the named insured, any person specified in the policy as a driver of the insured automobile, the spouse or same–sex partner of the named insured, and any dependant of the named insured, spouse or same–sex partner, if the named insured, specified driver, spouse, same–sex partner or dependant,

(i)is involved in an accident in or outside of Ontario that involves the insured automobile or another automobile, or

(ii)is not involved in an accident but suffers psychological or mental injury as a result of an accident in or outside of Ontario that results in a physical injury to his or her spouse, same–sex partner, child, grandchild, parent, grandparent, brother, sister, dependant, spouse’s dependant or same–sex partner’s dependant,

(2)Subsection 2 (1) of the Regulation is amended by adding the following definition:

“same–sex partner” has the same meaning as in Part VI of the Insurance Act; (“partenaire de même sexe”)

(3)Subsection 2 (6) of the Regulation is amended by striking out “spouse” and substituting “spouse or same–sex partner”.

2.Paragraph 1 of subsection 21 (1) of the Regulation is amended by striking out “spouse” and substituting “spouse, same–sex partner”.

3.(1)Subsection 25 (2) of the Regulation is amended by,

(a)striking out “spouse” in the portion of paragraph 1 before subparagraph i and substituting “spouse or same–sex partner”;

(b)striking out “spouse” in paragraph 3 and substituting “spouse or same–sex partner”;

(c)striking out “spouse” in paragraph 4 and substituting “spouse or same–sex partner”; and

(d)striking out “spouse” wherever it occurs in subparagraph 5 ii and substituting in each case “spouse or same–sex partner”.

(2)Subsection 25 (4) of the Regulation is amended by striking out “spouse” and substituting “spouse or same–sex partner”.

(3)Subsection 25 (6) of the Regulation is revoked and the following substituted:

(6)In this section,

“spouse or same–sex partner” means a person who was a spouse or same–sex partner at the time of the accident.

4.(1)Subparagraph 4 i of subsection 27 (1) of the Regulation is amended by striking out “spouse” and substituting “spouse or same–sex partner”.

(2)Subsection 27 (2) of the Regulation is amended by,

(a)striking out “spouse” in clause (b) and substituting “spouse or same–sex partner”; and

(b)striking out “spouse” in clause (c) and substituting “spouse or same–sex partner”.

5.(1)Subclause 38 (24) (a) (i) of the Regulation is revoked and the following substituted:

(i)the person or an individual mentioned in subsection (25) may receive a financial benefit, directly or indirectly, as a result of the provision, by an individual mentioned in subsection (25) or another person, of goods or services contemplated by the treatment plan, and

(2)Subsection 38 (25) of the Regulation is revoked and the following substituted:

(25)The individuals referred to in subclause (24) (a) (i) are, in the case of a person who is not a corporation, the spouse or same–sex partner of the person, any person who is connected with the person by blood relationship or adoption and any person who is connected by blood relationship to the spouse or same–sex partner of the person, and, for the purpose of this subsection,

(a)persons are connected by blood relationship if one is the child or other descendant of the other or is the brother or sister of the other; and

(b)persons are connected by adoption if one has been adopted, either legally or in fact, as the child of the other or as a child of a person who is connected by blood relationship (otherwise than as brother or sister) to the other.

6.Clause 57 (4) (d) of the Regulation is amended by,

(a)striking out “the spouse of the named insured or a dependant of the named insured or spouse” in subclause (ii) and substituting “the spouse or same–sex partner of the named insured or a dependant of the named insured, spouse or same–sex partner”;

(b)striking out “his or her spouse or a dependant of either of them” in subclause (iv) and substituting “his or her spouse or same–sex partner or a dependant of the named insured, spouse or same–sex partner”; and

(c)striking out “his or her spouse or a dependant of either of them” in the portion of subclause (v) before sub–subclause (A) and substituting “his or her spouse or same–sex partner or a dependant of the person, spouse or same–sex partner”.

7.Clause 66 (2) (b) of the Regulation is amended by striking out “his or her spouse or any dependant of either of them” and sub–

stituting “his or her spouse or same–sex partner or a dependant of the individual, spouse or same–sex partner”.

8.This Regulation comes into force on the day subsection 31 (4) of the Amendments Because of the Supreme Court of Canada Decision in M. v. H. Act, 1999 comes into force.

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