Insurance Act

Definitions

1 In this Act, except where inconsistent with the definition sections of any Part, “accountant” means a person who is licensed under the Public Accounting Act, 2004; (“comptable”) “actuary” means a Fellow of the Canadian Institute of Actuaries; (“actuaire”) “adjuster” means a person who, (a) on behalf of an insurer or an insured, for compensation, directly or indirectly solicits the right to negotiate the settlement of or investigate a loss or claim under a contract or a fidelity, surety or guaranty bond issued by an insurer, or investigates, adjusts or settles any such loss or claim, or (b) holds himself, herself or itself out as an adjuster, investigator, consultant or adviser with respect to the settlement of such losses or claims, but does not include, (c) a barrister or solicitor acting in the usual course of the practice of law, (d) a trustee or agent of the property insured, (e) a…

PART I GENERAL

Organization

2-5 Repealed: 1997, c. 28, s. 66. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 66 - 01/07/1998

5.1 (1) The Chief Executive Officer shall appoint an employee of the Authority as Insurance Ombudsman. 1996, c. 21, s. 2; 1997, c. 28, s. 67; 2018, c. 8, Sched. 13, s. 22, 24. Duties (2) The Insurance Ombudsman shall inquire into complaints about insurers’ business practices. Complaints (3) A person may submit a written complaint about an insurer’s business practices to the Insurance Ombudsman if the person has submitted the complaint to the insurer and the complaint has not been resolved within a reasonable time. Response (4) The Insurance Ombudsman shall give the insurer an opportunity to respond to any complaint submitted under subsection (3). Authority of Insurance Ombudsman (5) After considering the complaint and any response, the Insurance Ombudsman may attempt to resolve the complaint or may recommend to the Chief Executive Officer that the Chief Executive Officer inquire into the…

6 Repealed: 2014, c. 9, Sched. 3, s. 2. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 3 - 01/11/1996 2014, c. 9, Sched. 3, s. 2 - 01/04/2016

7 (1) The Minister shall appoint one or more committees for the purposes of this Act. Name (2) The Minister shall assign a name to each committee. 1996, c. 21, s. 4. Duties (3) Each committee shall, (a) perform such functions as are assigned to the committee by the Minister or the Chief Executive Officer; and (b) perform such other functions as are prescribed by the regulations. 1996, c. 21, s. 4; 1997, c. 28, s. 67; 2018, c. 8, Sched. 13, s. 22. (4) Repealed: 2014, c. 9, Sched. 3, s. 3. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 4 - 01/11/1996; 1997, c. 28, s. 67 - 01/07/1998 2014, c. 9, Sched. 3, s. 3 - 01/04/2016 2018, c. 8, Sched. 13, s. 22 - 08/06/2019

8 Repealed: 2014, c. 9, Sched. 3, s. 4. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 5 - 01/11/1996; 1997, c. 28, s. 67 - 01/07/1998 2014, c. 9, Sched. 3, s. 4 - 01/04/2016

9 Repealed: 2014, c. 9, Sched. 3, s. 5. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 67 - 01/07/1998 2014, c. 9, Sched. 3, s. 5 - 01/04/2016

10 Repealed: 1996, c. 21, s. 6. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 6 - 01/11/1996

11 (1) A person who conducted a proceeding described in subsection (2) shall not be required to testify in a civil proceeding or in a proceeding before any tribunal respecting the proceeding described in subsection (2) or respecting information obtained in the discharge of the person’s duties under this Act. 2014, c. 9, Sched. 3, s. 6. Proceedings (2) The proceedings referred to in subsection (1) are mediations, evaluations and arbitrations under sections 279 to 287, as those sections read immediately before being repealed by section 14 of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014. 2014, c. 9, Sched. 3, s. 6. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 7 - 01/11/1996; 1997, c. 28, s. 68 (1, 2) - 01/07/1998 2014, c. 9, Sched. 3, s. 6 - 01/04/2016

12 Repealed: 1997, c. 28, s. 69. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 69 - 01/07/1998

12.1 Repealed: 1997, c. 28, s. 70. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 70 - 01/07/1998

12.2 Repealed: 1997, c. 28, s. 71. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 71 - 01/07/1998

13 Repealed: 1997, c. 28, s. 72. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 72 - 01/07/1998

14 Repealed: 1997, c. 28, s. 73. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 73 - 01/07/1998

14.1 (1) The Lieutenant Governor in Council may, in accordance with the regulations, assess all insurers that have issued motor vehicle liability policies in Ontario for amounts prescribed by the regulations that are incurred by the Ministry of Health and Long-Term Care under an Act or program administered by that ministry. 1996, c. 21, s. 10; 2006, c. 19, Sched. L, s. 11 (3). Same (2) If an assessment is made under subsection (1), the share of a particular insurer shall be determined in the manner prescribed by regulation. 1996, c. 21, s. 10. Insurer’s duty to pay (3) An insurer shall pay the amount assessed against it. 1996, c. 21, s. 10. Same (4) If an insurer fails to pay an assessment made under subsection (1), the Chief Executive Officer may suspend or cancel the insurer’s licence. 1996, c. 21, s. 10; 1997, c. 28, s. 74; 2018, c. 8, Sched. 13, s. 22. Same (5) The Chief Executive Of…

Decisions of Chief Executive Officer

15 (1) The Chief Executive Officer shall determine matters before him or her by order and may make an order subject to such conditions as are set out in the order. R.S.O. 1990, c. I.8, s. 15 (1); 1997, c. 28, s. 75 (2); 2018, c. 8, Sched. 13, s. 22. Interim orders (2) The Chief Executive Officer may make interim orders pending the final order in a matter before him or her. R.S.O. 1990, c. I.8, s. 15 (2); 1997, c. 28, s. 75 (2); 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 75 (2) - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019

15.1 (1) The Chief Executive Officer may, on the application of a person or entity, and if in the Chief Executive Officer’s opinion it would not be prejudicial to the public interest, make an order exempting the person or entity from any requirement imposed by, or from the application of any provision in, this Act, the regulations or an Authority rule that is prescribed by regulation, and may make the order subject to such conditions as are set out in the order. 2020, c. 36, Sched. 22, s. 1. Same (2) An order under this section is subject to such limits and conditions as may be prescribed by regulation. 2020, c. 36, Sched. 22, s. 1. Section Amendments with date in force (d/m/y) 2020, c. 36, Sched. 22, s. 1 - 01/01/2022

16 (1) The Chief Executive Officer is not required to hold a hearing when making a decision but shall allow the parties affected by a matter before him or her to make written submissions. 1997, c. 28, s. 76; 2018, c. 8, Sched. 13, s. 22. Variation of decisions (2) Subject to subsection (1), the Chief Executive Officer may reconsider and vary or revoke a decision or order made by him or her if the Chief Executive Officer considers it advisable to do so. 1997, c. 28, s. 76; 2018, c. 8, Sched. 13, s. 22. Making of rules (3) The Chief Executive Officer may make rules for the practice and procedure to be observed in determining matters before him or her. 1997, c. 28, s. 76; 2018, c. 8, Sched. 13, s. 22. Chief Executive Officer’s powers (4) In determining any matter, the Chief Executive Officer may, (a) determine what constitutes adequate public notice; (b) conduct any inquiry or inspection th…

17 (1) If an appeal is provided for, a person affected by a decision of the Chief Executive Officer may appeal the decision to the Tribunal. 1997, c. 28, s. 76; 2018, c. 8, Sched. 13, s. 22. Notice of appeal (2) A notice of appeal shall be in writing and shall be served on the Chief Executive Officer and filed with the Tribunal within 30 days after the date of the Chief Executive Officer’s decision or within such other time period that this Act specifies. 1997, c. 28, s. 76; 2018, c. 8, Sched. 13, s. 22, 23. Hearing (3) The Tribunal shall hold a hearing of an appeal. 1997, c. 28, s. 76. Parties (4) The parties to an appeal are the person who requests the appeal, the Chief Executive Officer and the other persons whom the Tribunal specifies. 1997, c. 28, s. 76; 2018, c. 8, Sched. 13, s. 22. Power of the Tribunal (5) Upon hearing an appeal, the Tribunal may, by order, confirm, vary or resci…

18 Repealed: 1997, c. 28, s. 76 Section Amendments with date in force (d/m/y) 1997, c. 28, s. 76 - 01/07/1998

19 (1) The Lieutenant Governor in Council may require the Tribunal to examine and report on any question related to insurance that, in the opinion of the Lieutenant Governor in Council, requires a public hearing. R.S.O. 1990, c. I.8, s. 19 (1); 1997, c. 28, s. 77. Parties (2) The Tribunal shall determine who may be a party to a reference hearing. R.S.O. 1990, c. I.8, s. 19 (2); 1997, c. 28, s. 77. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 77 - 01/07/1998

20 (1) This section applies with respect to proceedings under this Act before the Tribunal or the Chief Executive Officer. 2014, c. 9, Sched. 3, s. 7; 2018, c. 8, Sched. 13, s. 22. Idem (2) A person referred to in subsection (1) has exclusive jurisdiction to exercise the powers conferred upon him or her under this Act and to determine all questions of fact or law that arise in any proceeding before him or her and, unless an appeal is provided under this Act, his or her decision thereon is final and conclusive for all purposes. R.S.O. 1990, c. I.8, s. 20 (2). Decisions, etc., not stayed (3) An application for judicial review and any appeal from an order of the court on the application does not stay the decision made under this Act. R.S.O. 1990, c. I.8, s. 20 (3). Court may grant stay (4) Despite subsection (3), a judge of the court to which the application is made or a subsequent appeal i…

21 Repealed: 2014, c. 9, Sched. 3, s. 8. Section Amendments with date in force (d/m/y) 1996, c. 21, s. 11 - 01/11/1996 2014, c. 9, Sched. 3, s. 8 - 01/04/2016

22 Repealed: 2014, c. 9, Sched. 3, s. 9. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 78 - 01/07/1998 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 2014, c. 9, Sched. 3, s. 9 - 01/04/2016

Administration

23 (1) The Chief Executive Officer shall keep the following books and records: 1. A register of all licences issued under this Act, in which shall appear the name of the insurer, the address of the head office, the address of the principal office in Canada, the name and address of the chief or general agent in Ontario, the number of the licence issued, particulars of the classes of insurance for which the insurer is licensed, and such other information as the Chief Executive Officer considers necessary. 2. A record of all securities deposited by each insurer with the Chief Executive Officer, naming in detail the several securities, their par value, their date of maturity and value at which they are received as deposit. R.S.O. 1990, c. I.8, s. 23 (1); 1997, c. 28, s. 79; 2018, c. 8, Sched. 13, s. 22. Inspection (2) The books and records required by this section to be kept shall be open to…

24 Repealed: 1999, c. 12, Sched. I, s. 4 (3). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (3) - 22/12/1999 Information about insurers, etc.

25 (1) The Chief Executive Officer shall maintain an up-to-date list of the insurers licensed under this Act and shall publish the list on the website of the Authority. 2019, c. 14, Sched. 9, s. 2. Publication, notice of suspension etc. (1.1) The Chief Executive Officer shall from time to time give notice of the suspension or cancellation or revival of a licence and shall publish the notices on the website of the Authority. 2019, c. 14, Sched. 9, s. 2. Certificates (2) The Chief Executive Officer may issue a certificate, (a) Repealed: 1997, c. 28, s. 81 (2). (b) stating that a copy of, or extract from, a document or thing in the custody of the Authority is a true copy of, or extract from, the original; (c) stating the amount payable to the Minister of Finance under subsection 32 (3) or (4); (d) stating the amount payable for an audit under subsection 101 (4); (e) stating whether a docume…

26 (1) In this section, “official document” means a certificate, licence, order, decision, direction, inquiry or notice under this Act. R.S.O. 1990, c. I.8, s. 26 (1). Idem (2) An official document that purports to be signed on behalf of the Chief Executive Officer shall be received in evidence in any proceeding as proof, in the absence of evidence to the contrary, of the facts stated in the official document without proof of the signature or the position of the person appearing to have signed the official document. R.S.O. 1990, c. I.8, s. 26 (2); 1997, c. 28, s. 82; 2018, c. 8, Sched. 13, s. 22. True copies as evidence (3) A true copy certified by the Chief Executive Officer under clause 25 (2) (b) is admissible in evidence to the same extent as and has the same evidentiary value as the document or thing of which it is a copy. R.S.O. 1990, c. I.8, s. 26 (3); 1997, c. 28, s. 82; 2018, c.…

27 It is the duty of the Chief Executive Officer to determine the right of an insurer in Ontario to be licensed under this Act. 1997, c. 28, s. 83; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 83 - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019

28 (1) Every decision of the Chief Executive Officer upon an application for a licence shall be in writing and notice thereof shall be forthwith given to the insurer. R.S.O. 1990, c. I.8, s. 28 (1) ; 2018, c. 8, Sched. 13, s. 22. Certified copy (2) The insurer, or any person interested, is entitled, upon payment of the fee established by the Minister, to a certified copy of the decision. R.S.O. 1990, c. I.8, s. 28 (2); 2004, c. 31, Sched. 20, s. 3. Appeal (3) The insurer or any person affected by a decision of the Chief Executive Officer made under subsection (1) may appeal the decision to the Tribunal. 1997, c. 28, s. 84; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 84 - 01/07/1998 2004, c. 31, Sched. 20, s. 3 - 16/12/2004 2018, c. 8, Sched. 13, s. 22 - 08/06/2019

29 Repealed: 2013, c. 2, Sched. 8, s. 1. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 85 - 01/07/1998 2013, c. 2, Sched. 8, s. 1 - 16/08/2013

30 Repealed: 2013, c. 2, Sched. 8, s. 2. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 85 - 01/07/1998 2013, c. 2, Sched. 8, s. 2 - 16/08/2013

31 Repealed: 2013, c. 2, Sched. 8, s. 3. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 4 - 01/01/1994; 1997, c. 28, s. 85 - 01/07/1998 2013, c. 2, Sched. 8, s. 3 - 16/08/2013

32 Repealed: 2013, c. 2, Sched. 8, s. 4. Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (4) - 22/12/1999 2009, c. 33, Sched. 16, s. 7 (2, 3) - 15/12/2009 2012, c. 8, Sched. 23, s. 1 - 01/01/2013 2013, c. 2, Sched. 8, s. 4 - 16/08/2013

33 (1) Unless otherwise provided in this Act or in the rules made by the Chief Executive Officer under subsection 16 (3) or by the Tribunal, service of any document for the purpose of a matter to be determined by the Chief Executive Officer or a proceeding before the Tribunal that may result in an order or decision affecting the rights or obligations of a person required to be licensed under this Act may be made, (a) on any person, by personal service on the person to be served; (b) on an insurer, by first class registered mail addressed to the insurer or its chief executive officer at the insurer’s head office in Ontario as identified in the records of the Chief Executive Officer; (c) on a person who is not an insurer, by first class registered mail addressed to the person’s last known address; (d) on any person, by leaving a copy of the document with the solicitor, if any, of the perso…

34 (1) Where an attempt is made to effect service under subsection 33 (1) on an insurer or an agent, and for any reason service cannot be effected, the document may be served on the Chief Executive Officer and such service shall be deemed to be service on the insurer or agent. R.S.O. 1990, c. I.8, s. 34 (1); 2018, c. 8, Sched. 13, s. 22. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 34 (1) of the Act is amended by striking out “an insurer” and substituting “an insurer, managing general agent” and by striking out “the insurer” and substituting “the insurer, managing general agent”. (See: 2024, c. 20, Sched. 10, s. 2) Method of service (2) Service may be made on the Chief Executive Officer under subsection (1) by first class registered mail addressed to the Chief Executive Officer at the Chief Executive Officer’s office, or by personal service on the Chi…

35 (1) Where the head office of a licensed insurer is situate out of Ontario, notice or process in any action or proceeding in Ontario may be served upon the chief agent of the insurer in Ontario or, where no appointment of a chief agent is then in effect, upon the Chief Executive Officer and such service shall be deemed service upon the insurer in the case of a corporation and upon members of the insurer in the case of an unincorporated body or association. R.S.O. 1990, c. I.8, s. 35 (1) ; 2018, c. 8, Sched. 13, s. 22. Insurer to file address (2) Every licensed insurer shall file in the office of the Chief Executive Officer notice of a post office address to which any such notice or process may be forwarded by the Chief Executive Officer and shall from time to time notify the Chief Executive Officer of any change in the address so filed. R.S.O. 1990, c. I.8, s. 35 (2) ; 2018, c. 8, Sche…

36 (1) The Chief Executive Officer shall prepare for the Minister, from the statements filed by the insurers and from any inspection or inquiries made, an annual report, showing particulars of the business of each insurer as ascertained from such statement, inspection and inquiries, and such report shall be published on the website of the Authority promptly after completion. R.S.O. 1990, c. I.8, s. 36 (1) ; 2018, c. 8, Sched. 13, s. 22; 2020, c. 34, Sched. 7, s. 2. Permissible investments (2) In his or her annual report the Chief Executive Officer shall allow as assets only such of the investments of the several insurers as are authorized by this Act, or by their Acts or instruments of incorporation, or by the general Acts applicable to such investments. R.S.O. 1990, c. I.8, s. 36 (2) ; 2018, c. 8, Sched. 13, s. 22. Chief Executive Officer’s corrections of annual statements (3) In his or…

37 Subject to any specific requirements set out in this Act, the regulations, the Authority rules or other applicable law, including the Electronic Commerce Act, 2000, a record or other document that is to be provided, issued or otherwise transmitted under this Act may be provided, issued or otherwise transmitted in electronic format. 2019, c. 7, Sched. 33, s. 1. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 87 - 01/07/1998 2018, c. 8, Sched. 13, s. 2 - no effect - see 2019, c. 7, Sched. 33, s. 12 - 29/05/2019 2019, c. 7, Sched. 33, s. 1 - 01/01/2022

38 Repealed: 1997, c. 19, s. 10 (3). Section Amendments with date in force (d/m/y) 1997, c. 19, s. 10 (3) - 10/10/1997

PART II GENERAL PROVISIONS APPLICABLE TO INSURERS

39 (1) This Part applies to insurance undertaken in Ontario and to all insurers carrying on business in Ontario. Undertaking insurance (2) An insurer undertaking a contract of insurance that under this Act is deemed to be made in Ontario, whether the contract is original or renewed, except the renewal from time to time of life insurance policies, shall be deemed to be undertaking insurance in Ontario within the meaning of this Part. Carrying on business (3) An insurer undertaking insurance in Ontario or that in Ontario sets up or causes to be set up a sign containing the name of an insurer, or that in Ontario maintains or operates, either in its own name or in the name of its agent or other representative, an office for the transaction of the business of insurance either in or out of Ontario, or that in Ontario distributes or publishes or causes to be distributed or published any proposa…

Licences

40 (1) Every insurer undertaking insurance in Ontario or carrying on business in Ontario shall obtain from the Chief Executive Officer and hold a licence under this Act. R.S.O. 1990, c. I.8, s. 40 (1); 1997, c. 28, s. 88; 2018, c. 8, Sched. 13, s. 22. Prohibition re: licence (2) No person shall carry on business as an insurer or engage in an act constituting the business of insurance in Ontario without a licence under this Act. R.S.O. 1990, c. I.8, s. 40 (2). Idem (3) No insurer shall carry on business in Ontario as an insurer of a class of insurance that is not authorized by its licence under this Act. R.S.O. 1990, c. I.8, s. 40 (3). Prohibition against acting on behalf of unlicensed insurer (4) No person in Ontario shall do or cause to be done any act or thing mentioned in subsection 39 (3) on behalf of or as agent of an insurer that is not licensed under this Act. R.S.O. 1990, c. I.8,…

41 Subject to the regulations, nothing in this Act prevents a licensed insurer who has lawfully effected a contract of insurance in Ontario from reinsuring the risk or part thereof with an insurer transacting business out of Ontario and not licensed under this Act. R.S.O. 1990, c. I.8, s. 41. Note: On a day to be named by proclamation of the Lieutenant Governor, section 41 of the Act is amended by striking out “the regulations” and substituting “the Authority rules”. (See: 2017, c. 34, Sched. 21, s. 2) Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 21, s. 2 - not in force CTS 04 SE 18 - 1 Authorized insurers and insurance

42 (1) Upon due application and upon proof of compliance with this Act, the Chief Executive Officer may issue a licence to undertake contracts of insurance and carry on business in Ontario to any insurer coming within one of the following classes: 1. Joint stock insurance companies. 2. Mutual insurance corporations. 3. Cash-mutual insurance corporations. 4. Fraternal societies. 5. Repealed: 1997, c. 19, s. 10 (6). 6. Companies duly incorporated to undertake insurance contracts and not within classes 1 to 5. 7. Reciprocal insurance exchanges. 8. Underwriters or syndicates of underwriters operating on the plan known as Lloyds. 9. Repealed: 1997, c. 19, s. 10 (6). R.S.O. 1990, c. I.8, s. 42 (1); 1997, c. 19, s. 10 (6); 1997, c. 28, s. 88; 1999, c. 12, Sched. I, s. 4 (6); 2018, c. 8, Sched. 13, s. 22. Note: On a day to be named by proclamation of the Lieutenant Governor, section 42 of the Ac…

43 (1) The Chief Executive Officer may by order determine and define classes of insurance for the purposes of this Act and of licences granted to insurers under this Act. 1997, c. 28, c. 89 (1); 2018, c. 8, Sched. 13, s. 22. Not a regulation (1.1) An order made by the Chief Executive Officer under subsection (1) is not a regulation within the meaning of Part III (Regulations) of the Legislation Act, 2006. 1997, c. 28, c. 89 (1); 2006, c. 21, Sched. F, s. 136 (1); 2018, c. 8, Sched. 13, s. 22. Publication of list (1.2) The Chief Executive Officer shall publish on the website of the Authority a list of the classes of insurance authorized under subsection (1) as of the date of the list and shall publish on the website of the Authority notice of all additions to or deletions from the list as soon as practicable after making them. 2019, c. 14, Sched. 9, s. 3. Licence to carry on insurance bus…

44 (1) Where a compensation association has been designated by the regulations as a compensation association for a class of insurers, every insurer in that class shall be deemed to be a member of the compensation association and shall be bound by the by-laws and memorandum of operation of the compensation association. 2002, c. 18, Sched. H, s. 4 (6). Assessments and levies (2) A member of a compensation association shall pay to the compensation association all assessments and levies made against the member by the compensation association, and, where the member fails to pay the assessment or levy within thirty days of the day the notice of the assessment or levy is provided to the member, (a) the compensation association may claim the amount of the assessment or levy, with interest, as a debt due from the member or if the insurer has ceased to be a member, from the former member; and (b) …

45 (1) A licence to carry on automobile insurance in Ontario is subject to the following conditions: 1. In any action in Ontario against the licensed insurer or its insured arising out of an automobile accident in Ontario, the insurer shall appear and shall not set up any defence to a claim under a contract made outside Ontario, including any defence as to the limit or limits of liability under the contract, that might not be set up if the contract were evidenced by a motor vehicle liability policy issued in Ontario and such contract made outside Ontario shall be deemed to include the statutory accident benefits referred to in subsection 268 (1). 2. In any action in another province or territory of Canada, a jurisdiction in the United States of America or a jurisdiction designated in the Statutory Accident Benefits Schedule against the licensed insurer, or its insured, arising out of an …

46 Every insurer licensed for the transaction of life insurance may, under the authority of its licence, unless the licence expressly provides otherwise, (a) Repealed: 2002, c. 18, Sched. H, s. 4 (7). (b) transact annuities of all kinds and insurance providing for the establishment of accumulation or endowment funds. R.S.O. 1990, c. I.8, s. 46; 2002, c. 18, Sched. H, s. 4 (7). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. H, s. 4 (7) - 30/04/2007

47 Repealed: 2002, c. 18, Sched. H, s. 4 (8). Section Amendments with date in force (d/m/y) 2002, c. 18, Sched. H, s. 4 (8) - 30/04/2007

48 (1) Repealed: 2019, c. 14, Sched. 9, s. 20. Capital requirements for joint stock Co. — insurance other than life (2) A licence shall not be granted to a joint stock insurance company unless the company furnishes to the Chief Executive Officer satisfactory evidence that if the company is applying for a licence to transact any insurance other than life insurance, the company has, in aggregate, a paid up capital and unimpaired surplus of not less than $3,000,000 or such greater amount as the Chief Executive Officer in the circumstances may require. R.S.O. 1990, c. I.8, s. 48 (2); 1997, c. 28, s. 90; 2018, c. 8, Sched. 13, s. 22. Capital requirements for other insurers — insurance other than life (3) A licence shall not be granted to a mutual insurance corporation, a cash-mutual insurance corporation, an insurance company mentioned in paragraph 6 of subsection 42 (1), or to an underwriter…

49 The Chief Executive Officer may require such notice of the application for a licence to be given by publication on the website of the Authority and elsewhere as he or she considers necessary. R.S.O. 1990, c. I.8, s. 49; 2018, c. 8, Sched. 13, s. 22; 2019, c. 14, Sched. 9, s. 5. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 2019, c. 14, Sched. 9, s. 5 - 31/07/2020 Documentary, etc., requirements

50 (1) Before the issue of a licence to an insurer, such insurer shall file in the office of the Chief Executive Officer the following documents: 1. A certified copy of its Act or other instrument of incorporation or association and of its constitution and by-laws and regulations verified in a manner satisfactory to the Chief Executive Officer. 2. A certified copy of its last balance sheet and auditor’s report thereon. 3. If the head office of the insurer is out of Ontario, notice of the place where the chief office of the insurer in Ontario is to be situate. 4. If the head office of the insurer is out of Ontario, a power of attorney from the insurer to an agent resident in Ontario. 5. Copies of all policy forms and forms of application for insurance proposed to be used by the insurer in Ontario. 6. Any evidence or documents required by other Parts of this Act. R.S.O. 1990, c. I.8, s. 50…

51 Every licensed insurer shall file in the office of the Chief Executive Officer certified copies of every amendment, revision or consolidation of its Act or other instrument of incorporation or association and of its constitution, by-laws and regulations verified in a manner satisfactory to the Chief Executive Officer within thirty days after the passing or adoption of the amendment, revision or consolidation. R.S.O. 1990, c. I.8, s. 51; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 Corporate requirements

52 (1) Upon application being made for a licence under this Act by an insurer incorporated in Ontario, there shall be submitted to the Chief Executive Officer a sworn statement setting forth the several sums of money paid in connection with the incorporation and organization of the insurer, and such statement shall, in addition, include a list of all unpaid liabilities, if any, in connection with or arising out of the incorporation and organization. R.S.O. 1990, c. I.8, s. 52 (1); 2018, c. 8, Sched. 13, s. 22; 2019, c. 14, Sched. 9, s. 6. To what limited (2) Until the licence is granted, no payments on account of expenses of incorporation and organization shall be made out of the money paid in by shareholders, except reasonable sums for the payment of clerical assistance, legal services, office rental, advertising, stationery, postage and expense of travel, if any. R.S.O. 1990, c. I.8, s…

53 (1) An insurer that has applied for a licence and has complied with this Act and the Corporations Act is entitled to the licence. R.S.O. 1990, c. I.8, s. 53 (1). Name of insurer (2) The Chief Executive Officer may refuse to licence an insurer where the name of the insurer is, (a) the same as or similar to the name of another insurer and the assumption or use of the name in Ontario would be likely to deceive or mislead the public; or (b) if the name of the insurer is objectionable on any public grounds. R.S.O. 1990, c. I.8, s. 53 (2); 1997, c. 28, s. 90; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 90 - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019

54 (1) Every licensed insurer that has its head office outside Ontario shall file with the Chief Executive Officer an executed copy of a power of attorney from the insurer to a chief agent resident in Ontario. R.S.O. 1990, c. I.8, s. 54 (1); 2018, c. 8, Sched. 13, s. 22. Execution of power of attorney (2) The power of attorney shall be under the seal of the insurer, and shall be signed by the president and secretary or other proper officers of the insurer in the presence of a witness who shall make oath as to its due execution. R.S.O. 1990, c. I.8, s. 54 (2). Authentication (3) The official positions held by the officers signing the power of attorney shall be verified by an oath of a person cognizant of the fact. R.S.O. 1990, c. I.8, s. 54 (3). Contents of power of attorney (4) The power of attorney shall declare at what place in Ontario the chief agency of the corporation is and shall e…

55 (1) Subject to section 382, the licence shall be in such form or forms for the different classes of insurers as may be from time to time determined by the Chief Executive Officer, and shall specify the business to be carried on by the insurer. R.S.O. 1990, c. I.8, s. 55 (1); 1997, c. 28, s. 90; 2018, c. 8, Sched. 13, s. 22. Conditions (2) The Chief Executive Officer may, at any time and in respect of any licence of an insurer, (a) set a term for the licence; (b) impose any conditions or limitations that the Chief Executive Officer considers appropriate relating to the carrying on of the insurer’s business; or (c) vary, amend or revoke any condition or limitation to which the licence is subject. 1997, c. 28, s. 91 (1); 2018, c. 8, Sched. 13, s. 22. Notice (3) The Chief Executive Officer shall not exercise any power under subsection (2) until he or she has given the insurer notice of in…

56 (1) Where written notice has been served on the Chief Executive Officer and upon proof of an undisputed claim arising from loss insured against in Ontario remaining unpaid for the space of sixty days after being due or of a disputed claim after final judgment in the regular course of law and tender of a legal, valid discharge being unpaid, the Chief Executive Officer may suspend or cancel the licence. R.S.O. 1990, c. I.8, s. 56 (1); 1997, c. 28, s. 92; 2018, c. 8, Sched. 13, s. 22. Revival of licence (2) The licence may be revived and the insurer may again transact business if, within six months after notice to the Chief Executive Officer of the failure of the insurer to pay an undisputed claim or the amount of a final judgment as provided in this section, such undisputed claim or final judgment upon or against the insurer in Ontario is paid and satisfied. R.S.O. 1990, c. I.8, s. 56 (…

57 (1) The Chief Executive Officer may suspend or cancel an insurer’s licence if the insurer fails to pay an administrative penalty as required under this Act. 2012, c. 8, Sched. 23, s. 2; 2018, c. 8, Sched. 13, s. 22. Notice (2) The Chief Executive Officer shall give written notice to the insurer before exercising the Chief Executive Officer’s authority under subsection (1). 2012, c. 8, Sched. 23, s. 2; 2018, c. 8, Sched. 13, s. 22, 23. Procedural steps not required (3) Section 58 does not apply to the exercise of the Chief Executive Officer’s authority under subsection (1). 2012, c. 8, Sched. 23, s. 2; 2018, c. 8, Sched. 13, s. 23. Revival of licence (4) If a licence is suspended or cancelled under subsection (1), the Chief Executive Officer may revive the licence if the insurer pays the administrative penalty. 2012, c. 8, Sched. 23, s. 2; 2018, c. 8, Sched. 13, s. 22. Section Amendmen…

58 (1) Upon examination, from annual statements, or upon any other evidence, the Chief Executive Officer shall make a report if he or she, (a) finds, with respect to an insurer incorporated or organized under the laws of Ontario, that the assets of the insurer are insufficient to justify its continuance in business or to provide for its obligations; (b) is of the opinion that there exists a state of affairs that is or may be prejudicial to the interests of persons who have contracts of insurance with an insurer licensed in Ontario; (c) finds that an insurer licensed in Ontario has failed to comply with any provision of law or with its Act or instrument of incorporation or association; or (d) becomes aware that the licence of an insurer licensed in Ontario has been suspended or cancelled by any government in Canada. 1997, c. 28, s. 94; 2018, c. 8, Sched. 13, s. 22. Notice to insurer (2) T…

59 Repealed: 1997, c. 28, s. 94. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 94 - 01/07/1998

60 Repealed: 1997, c. 19, s. 10 (11). Section Amendments with date in force (d/m/y) 1997, c. 19, s. 10 (11) - 10/10/1997

61 Repealed: 1997, c. 28, s. 95. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 95 - 01/07/1998 Chief Executive Officer takes control

62 (1) If the Chief Executive Officer has taken possession and control of the assets of the insurer, he or she shall thereafter conduct its business and take such steps as in his or her opinion should be taken toward its rehabilitation, and for such purposes the Chief Executive Officer has all the powers of the board of directors of the insurer, and, without limiting the generality of the foregoing, the Chief Executive Officer may, (a) exclude the directors, officers, employees and agents of the insurer from the premises, property and business of the insurer; and (b) carry on, manage and conduct the operations of the insurer and in the name of the insurer preserve, maintain, realize, dispose of and add to the property of the insurer, receive the incomes and revenues of the insurer and exercise all the powers of the insurer. R.S.O. 1990, c. I.8, s. 62 (1); 1993, c. 10, s. 9; 1997, c. 28, …

63 (1) Despite section 62, an insurer may appeal to the Divisional Court from any order made by the Tribunal under clause 58 (8) (b) within thirty days after the delivery of a copy of the order to an officer of the insurer. 1993, c. 10, s. 10 (1); 1997, c. 28, s. 97 (1). Stay (2) An order of the Tribunal under clause 58 (8) (b) shall take effect immediately, but where there is an appeal, a judge of the Divisional Court may grant a stay until any appeal is disposed of. R.S.O. 1990, c. I.8, s. 63 (2); 1993, c. 10, s. 10 (2); 1997, c. 28, s. 97 (2). Documents to be filed (3) The Tribunal shall file with the Divisional Court, (a) the decision of the Tribunal; (b) the report of the Chief Executive Officer; (c) the record of the hearing; and (d) all written submissions by the appellant to the Tribunal. 1997, c. 28, s. 97 (3); 2018, c. 8, Sched. 13, s. 22. (4) Repealed: 1993, c. 10, s. 10 (3). …

63.1 The Chief Executive Officer may revoke an insurer’s licence under this Act at the request of the insurer. 2018, c. 8, Sched. 13, s. 5. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 13, s. 5 - 08/06/2019

64 Where the licence of an insurer is suspended or cancelled under this Act, it may be revived if the insurer makes good the deposit, or the deficiency, as the case may be, to the satisfaction of the Chief Executive Officer. R.S.O. 1990, c. I.8, s. 64; 1997, c. 28, s. 98; 2018, c. 8, Sched. 13, s. 22. Note: On a day to be named by proclamation of the Lieutenant Governor, section 64 of the Act is amended by adding the following subsection: (See: 2018, c. 8, Sched. 13, s. 6) Exception (2) After the day section 3 of Schedule 13 to the Plan for Care and Opportunity Act (Budget Measures), 2018 comes into force, an insurer’s licence cannot be revived unless the insurer satisfies at least one of the criteria listed in subsection 42 (1.3) at the time of the revival. 2018, c. 8, Sched. 13, s. 6. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 98 - 01/07/1998 2018, c. 8, Sched. 13, s…

65 If a licence of an insurer is suspended or cancelled, notice of such suspension or cancellation shall be published on the website of the Authority and elsewhere as the Chief Executive Officer directs, and thereafter any person transacting business on behalf of the insurer except for winding-up purposes is guilty of an offence. 1997, c. 28, s. 99; 2018, c. 8, Sched. 13, s. 22; 2019, c. 14, Sched. 9, s. 7. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 99 - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 2019, c. 14, Sched. 9, s. 7 - 31/07/2020

Withdrawal from Automobile Insurance

65.1 (1) For the purpose of this section, an insurer is withdrawing from the business of automobile insurance if the insurer does anything that results or is likely to result in a significant reduction in the amount of gross premiums written by the insurer for automobile insurance in any part of Ontario, including any of the following things that have or are likely to have that result: 1. Refusing to process applications for automobile insurance. 2. Declining to issue, terminating or refusing to renew contracts of automobile insurance. 3. Refusing to provide or continue coverages or endorsements in respect of contracts of automobile insurance. 4. Taking actions that directly or indirectly result in termination of contracts between the insurer and the agents and brokers who solicit or negotiate contracts of automobile insurance on behalf of the insurer. 5. Reducing the ability of the agen…

Deposits

66 (1) At any time, the Chief Executive Officer may require an insurer to deposit, in any amount the Chief Executive Officer considers necessary, securities acceptable to the Chief Executive Officer and on such conditions as the Chief Executive Officer considers proper. 1997, c. 19, s. 10 (14); 2018, c. 8, Sched. 13, s. 22. When to be made (2) The securities shall be deposited with the Chief Executive Officer within 30 days of the date that the requirement is made or within such longer period of time as is agreed to by the Chief Executive Officer. 1997, c. 19, s. 10 (14); 2018, c. 8, Sched. 13, s. 22. Appeal (2.1) An insurer may appeal to the Tribunal the decision of the Chief Executive Officer to require a deposit. 1997, c. 28, s. 101 (2); 2018, c. 8, Sched. 13, s. 22. Withdrawal of deposit (3) No part of a deposit shall be withdrawn without the approval of the Chief Executive Officer. …

67-99 Repealed: 1997, c. 19, s. 10 (14). Section Amendments with date in force (d/m/y) 1997, c. 19, s. 10 (14) - 10/10/1997

Records and Returns

100 No transfers of shares of an insurer shall be entered in the book or books maintained for that purpose until thirty days after notice thereof has been deposited with the Chief Executive Officer if, (a) the transfer relates to 10 per cent or more of the issued shares of the insurer for the time being enjoying voting rights; or (b) the directors have reason to believe that the transfer would result in a majority of the issued shares of the insurer for the time being enjoying voting rights being beneficially owned by any one person. R.S.O. 1990, c. I.8, s. 100; 1997, c. 28, s. 102; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 102 - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019

101 (1) When required by the Chief Executive Officer and subject to the Authority rules, licensed insurers shall prepare and file with the Chief Executive Officer or with an agency designated by the Chief Executive Officer a return respecting the experience of the insurer’s business in a form approved by the Chief Executive Officer containing such information as the Chief Executive Officer may require. R.S.O. 1990, c. I.8, s. 101 (1); 1997, c. 28, s. 102; 2018, c. 8, Sched. 13, s. 7, 22. Compilation of data (2) The Chief Executive Officer may require any agency so designated to compile the data so filed in such form as he or she may approve, and the expense of making the compilation shall be apportioned among the insurers whose data is compiled by such agency by the Chief Executive Officer, who shall certify in writing the amount due from each insurer, and it is payable by the insurer to…

101.1 Every insurer shall provide the Chief Executive Officer or an agency designated by the Chief Executive Officer with information prescribed by the regulations about applications for insurance and claims made to the insurer at such times and subject to such conditions as are prescribed by the regulations. 1996, c. 21, s. 13; 1997, c. 28, s. 102; 2018, c. 8, Sched. 13, s. 22. Note: On a day to be named by proclamation of the Lieutenant Governor, section 101.1 of the Act is amended by striking out “the regulations” wherever it appears and substituting in each case “the Authority rules”. (See: 2017, c. 34, Sched. 21, s. 5) Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of section 101.1 of the Act is amended. (See: 2022, c. 17, Sched. 2, s. 1) Section Amendments with date in force (d/m/y) 1996, c. 21, s. 13 - 01/11/1996; 1997, c. 28, s. 102 - 01…

101.2 The Chief Executive Officer or an agency designated by the Chief Executive Officer shall provide the persons prescribed by the Authority rules with the information prescribed by the Authority rules about the claims and repair history, including the costs relating to repairs, of a motor vehicle in accordance with such requirements as may be prescribed by the Authority rules. 2018, c. 8, Sched. 13, s. 8. Note: On a day to be named by proclamation of the Lieutenant Governor, the French version of section 101.2 of the Act is amended. (See: 2022, c. 17, Sched. 2, s. 2) Section Amendments with date in force (d/m/y) 2016, c. 5, Sched. 14, s. 1 - no effect - see 2018, c. 8, Sched. 13, s. 25 - 08/05/2018 2018, c. 8, Sched. 13, s. 8 - not in force 2022, c. 17, Sched. 2, s. 2 - not in force Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the…

101.3 (1) Every insurer shall provide the Chief Executive Officer or an agency designated by the Chief Executive Officer with information prescribed by the Authority rules about automobile insurance fraud at such times and in accordance with such requirements as may be prescribed by the Authority rules. 2022, c. 17, Sched. 2, s. 3. Same, authority to collect, use and disclose information (2) The Chief Executive Officer and any agency designated by the Chief Executive Officer are authorized to directly or indirectly collect, use and disclose personal information about identifiable individuals if the collection, use or disclosure of the information is for the purpose of assessing and detecting automobile insurance fraud under subsection (1). 2022, c. 17, Sched. 2, s. 3. Definition (3) In this section, “personal information” means personal information within the meaning of the Freedom of In…

102 (1) Subject to section 370, every licensed insurer shall, (a) prepare annually and deliver to the Chief Executive Officer or his or her designate, on or before the prescribed date for the prescribed category of insurer, a statement of the condition of affairs of the insurer for the year that ended, at the election of the company in its by-laws, on the 31st day of October or the 31st day of December next preceding the delivery of the statement; and Note: On a day to be named by proclamation of the Lieutenant Governor, clause 102 (1) (a) of the Act is amended by striking out “on or before the prescribed date for the prescribed category of insurer” and substituting “on or before the date prescribed by the Authority rules for the category of insurer prescribed by the Authority rules”. (See: 2017, c. 34, Sched. 21, s. 6 (1)) (b) prepare and deliver to the Chief Executive Officer or his or…

103 Notice of the requirements for returns under section 101 or 102 is sufficient if it is sent by first class ordinary mail addressed to the insurer at the insurer’s address for service of notice or process as identified in the records of the Chief Executive Officer. R.S.O. 1990, c. I.8, s. 103; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 13, s. 22 - 08/06/2019

104 The financial statements required under this Act shall be prepared in accordance with this Act and the regulations. R.S.O. 1990, c. I.8, s. 104. Note: On a day to be named by proclamation of the Lieutenant Governor, section 104 of the Act is amended by striking out “the regulations” at the end and substituting “the Authority rules”. (See: 2017, c. 34, Sched. 21, s. 7) Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 21, s. 7 - not in force CTS 04 SE 18 - 1

105 A statement purporting to show the financial condition of an insurer differing from the financial condition shown by the statement filed with the Chief Executive Officer, or a balance sheet or other statement in form differing from the form approved by the Chief Executive Officer, shall not be published or circulated, and every insurer publishing such a statement is guilty of an offence. R.S.O. 1990, c. I.8, s. 105; 2004, c. 31, Sched. 20, s. 5; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 2004, c. 31, Sched. 20, s. 5 - 16/12/2004 2018, c. 8, Sched. 13, s. 22 - 08/06/2019