Bill 43 2012

An Act to amend the Insurance Act with respect to the elements used in classifying risks for a coverage or category of automobile insurance

Note: This Act amends the Insurance Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  Subsection 121 (1) of the Insurance Act is amended by adding the following paragraphs:

36.3 defining "driving record" for the purposes of paragraph 1 of subsection 417.0.0.1 (1);

36.4 respecting transitional matters related to the implementation of section 417.0.0.1;

   2.  The Act is amended by adding the following section:

Risk classification systems, required elements

   417.0.0.1  (1)  An insurer shall use the following elements of a risk classification system in classifying risks for a coverage or category of automobile insurance:

    1.  An element that uses the driving record of a person who would be an insured person under a contract of automobile insurance, including past claims arising out of automobile accidents for which the person was partially or entirely at fault.

    2.  An element that uses the age of a person who would be an insured person under a contract of automobile insurance.     

    3.  An element that uses the type of automobile that would be an insured automobile under a contract of automobile insurance.

    4.  Any element prescribed under paragraph 36 of subsection 121 (1).

Same, prohibited elements

   (2)  No insurer shall use the following elements of a risk classification system in classifying risks for a coverage or category of automobile insurance:

    1.  Any element that uses the home address or postal code of a person who would be an insured person under a contract of automobile insurance.

    2.  Any element prescribed under paragraph 36.1 of subsection 121 (1).

Interpretation

   (3)  For greater certainty, nothing in subsection (1) prohibits the use of other elements by insurers in classifying risks for a coverage or category of automobile insurance.

Commencement

   3.  This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

   4.  The short title of this Act is the Insurance Amendment Act (Elements in Classifying Risks for Automobile Insurance), 2012.

EXPLANATORY NOTE

The Bill amends the Insurance Act.  It requires automobile insurers to use a person's driving record, a person's age and the type of automobile in classifying risks for a coverage or category of automobile insurance.  The Bill also prohibits automobile insurers from using a person's home address or postal code in classifying such risks.