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Insurance Act
R.S.O. 1990, CHAPTER I.8
Consolidation Period: From May 8, 2018 to the e-Laws currency date.
Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by striking out “Superintendent” wherever it appears and substituting in each case “Chief Executive Officer”, except in the definition of “Superintendent” in section 1, subsection 42 (1.1), subsection 42 (1.3) and subsection 121 (2), as re-enacted by subsection 9 (6) of Schedule 21 to the Stronger, Fairer Ontario Act (Budget Measures), 2017. (See: 2018, c. 8, Sched. 13, s. 22)
Note: On a day to be named by proclamation of the Lieutenant Governor, the English version of the Act is amended by striking out “Superintendent’s” wherever it appears and substituting in each case “Chief Executive Officer’s”. (See: 2018, c. 8, Sched. 13, s. 23)
Last amendment: 2018, c. 8, Sched. 13.
Legislative History: 1993, c. 10, s. 1-51; 1993, c. 27, Sched.; 1994, c. 11, s. 336-348; 1994, c. 27, s. 43 (2); 1996, c. 21, s. 1-49; 1997, c. 16, s. 9; 1997, c. 19, s. 10; 1997, c. 25, Sched. E, s. 5; 1997, c. 28, s. 64-147; 1997, c. 43, Sched. F, s. 5; 1999, c. 12, Sched. I, s. 4 (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011); 1999, c. 6, s. 31; 2000, c. 26, Sched. G (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2011); 2001, c. 8, s. 43, 44; 2002, c. 14, Sched., s. 10; 2002, c. 17, Sched. F, Table; 2002, c. 18, Sched. H, s. 4; 2002, c. 22, s. 114-132 (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012); 2002, c. 24, Sched. B, s. 39; 2002, c. 31, s. 10 (But see Table of Public Statute Provisions Repealed Under Section 10.1 of the Legislation Act, 2006 - 31/12/2012); 2004, c. 8, s. 46, Table; 2004, c. 11; 2004, c. 31, Sched. 20, s. 1-12; 2005, c. 5, s. 35; 2005, c. 31, Sched. 12; 2006, c. 19, Sched. C, s. 1 (1); 2006, c. 19, Sched. L, s. 11 (3); 2006, c. 21, Sched. F, s. 136 (1); 2006, c. 33, Sched. O, s. 1-16; 2007, c. 7, Sched. 18; 2009, c. 33, Sched. 16, s. 7; 2010, c. 1, Sched. 11; 2010, c. 26, Sched. 9; 2011, c. 9, Sched. 21; 2012, c. 8, Sched. 23; 2013, c. 2, Sched. 8; 2014, c. 7, Sched. 14; 2014, c. 9, Sched. 3; 2015, c. 9, s. 30; 2015, c. 20, Sched. 17; 2016, c. 5, Sched. 14 (But see 2018, c. 8, Sched. 13, s. 25); 2016, c. 17, s. 92; (see 2016, c. 37, Sched. 18, s. 5); 2016, c. 23, s. 55; 2016, c. 37, Sched. 10; 2017, c. 34, Sched. 17, s. 22; 2017, c. 34, Sched. 21 (But see 2018, c. 8, Sched. 13, s. 26); 2018, c. 8, Sched. 13.
CONTENTS
Definitions1. / Definitions
PART I
GENERAL
Organization
5.1 / Insurance Ombudsman
7. / Committees
11. / Evidence of persons who conducted certain proceedings
14.1 / Assessment of health system costs
Decisions of Superintendent
15. / Orders
16. / Matters before the Superintendent
17. / Appeal of Superintendent’s decision
19. / Reference hearings
20. / Exclusive jurisdiction
Administration
23. / Records of Superintendent
25. / Information about insurers, etc.
26. / Official documents as evidence
27. / Right to a licence
28. / Decision of Superintendent
33. / Service of documents
34. / Deemed service
35. / Service of notice or process on chief agent or Superintendent, insurers outside Ontario
36. / Annual report
37. / Electronic format of documents
PART II
GENERAL PROVISIONS APPLICABLE TO INSURERS
39. / Application of Part, insurance business in Ontario
Licences
40. / Necessity for licence
41. / Reinsurance with unlicensed insurer
42. / Authorized insurers and insurance
43. / Classes of insurance and licence conditions
44. / Membership in compensation association
45. / Conditions of automobile insurance licence
46. / Scope of life insurance licence
48. / Capital requirements, etc.
49. / Information preliminary to licence
50. / Documentary, etc., requirements
51. / Filing of changes in by-laws, etc.
52. / Corporate requirements
53. / Right to licence and insurer’s name
54. / Power of attorney of chief agent, insurers outside Ontario
55. / Form, term, conditions of licence
56. / Failure to pay claim, licence cancellation, etc.
57. / Suspension, cancellation of insurer’s licence for failure to pay administrative penalty
58. / Disciplinary action against insurers
62. / Superintendent takes control
63. / Appeal against Tribunal order to take control
63.1 / Revocation of licence
64. / Revival of licence
65. / Notice of suspension or cancellation
Withdrawal from Automobile Insurance
65.1 / Withdrawal procedure
Deposits
66. / Deposits
Records and Returns
100. / Report on share transfers
101. / Returns
101.1 / Information on claims
101.2 / Information on claims and repair history
102. / Business statements and capital or asset requirements
103. / Notice of returns
104. / Preparation of financial statements
105. / Published statements
106. / Statements that financial standing guaranteed by government prohibited
Real Property
107. / Powers of insurer to hold real property
Life Insurance
109. / Variable life insurance contracts based on segregated funds
110. / Variable life insurance contracts, forms and information folders
111. / Life insurers to separate business accounts
112. / Life insurance, distribution of parts of profits to participating policyholders
Insurance with Unlicensed Insurers
113. / Insurance with unlicensed insurers
General
115. / Trafficking in life insurance policies prohibited
115.1 / Necessity for licence, long-term disability benefits
116. / Privileged information
117. / Form of insurance policy
118. / Violation of law, effect of, on claim for indemnity
119. / Reporting on applications to register
Agreements with Compensation Association
120. / Authority of Minister
Fees and Regulations
121. / Regulations
121.0.1 / Authority rules
121.1 / Fees
121.1 / Fees
121.2 / Forms
PART II.1
ACTUARY OF THE INSURER
121.3 / Definition
121.4 / Appointment of actuary
121.5 / Notice of appointment
121.6 / When officers not to be actuary
121.7 / Chief financial officer
121.8 / Revocation of appointment
121.9 / Ceasing to hold office
121.10 / Filling vacancy
121.11 / Statement of actuary
121.12 / Duty of replacement actuary
121.13 / Actuary’s valuation
121.14 / Superintendent may appoint actuary
121.15 / Right to information
121.16 / Actuary’s report
121.17 / Report to directors
121.18 / Report to officers
121.19 / Qualified privilege
121.20 / Non-application of this Part
121.21 / Non-application of s. 121.17
121.22 / Exemptions
PART II.2
DIRECTORS OF AN INSURER
121.23 / Affiliated individuals
121.24 / Directors’ duties
PART III
INSURANCE CONTRACTS IN ONTARIO
122. / Application of Part
123. / Contracts deemed made in Ontario
124. / Requirement for all terms to be set out in policy; relevance of proposal, etc.
125. / Copy of proposal to be furnished to insured
126. / No contract shall be inconsistent with Act
127. / Contents of policy
128. / Contracts providing for appraisals
129. / Relief from forfeiture
129.1 / Recovery by innocent persons
130. / How policy payable
131. / Waiver and estoppel
132. / Right of claimant against insurer where execution against insured returned unsatisfied
133. / Court actions for recovery of insurance money, special rules
134. / Non-payment of premium
135. / Insurer to furnish forms for proof of loss
136. / When action may be brought under contract
Insurance as Collateral Security
137. / Mortgagee not to receive commission from insurer
138. / Right to refund of premium on termination of contract
Contracts of Guarantee Insurance
139. / Contracts of title insurance
General
140. / No racial or religious discrimination permissible
141. / Payment into court
PART IV
FIRE INSURANCE
142. / Meaning of “agricultural property”, Part IV
143. / Application of Part
144. / Extent of coverage by contract
145. / Renewal of contract
146. / Form of contract
147. / Mortgagees and other payees
148. / Statutory conditions
STATUTORY CONDITIONS
149. / Limitation of liability clause
150. / Rateable contribution
151. / Special stipulations
152. / Subrogation
Fire Mutuals Guarantee Fund
153. / General reinsurance agreement
169. / Fire Mutuals Guarantee Fund
PART V
LIFE INSURANCE
Definitions
171. / Definitions, Part V
Application of Part
172. / Application of Part
173. / Group insurance
173.1 / Application of ss. 126 and 131
Issuance of Policy and Contents Thereof
174. / Insurer to issue policy, furnish documents
175. / Contents of policy
176. / Contents of group policy
177. / Contents of group certificate
Conditions Governing Formation of Contract
178. / Insurable interest required
179. / Insurable interest, defined
179.1 / Termination of contract by court
180. / Contract taking effect
181. / Default in paying premium
182. / Payment of premium
183. / Duty to disclose
184. / Exceptions
185. / Non-disclosure by insurer
186. / Insurable age
187. / Misstatement of age in group insurance
188. / Effect of suicide
189. / Reinstatement
189.1 / Termination and replacement of group contract
Designation of Beneficiaries
190. / Designation of beneficiary
191. / Designation of beneficiary irrevocably
192. / Designation in will, etc.
193. / Trustee for beneficiary
194. / Beneficiary’s share of insurance money
195. / Right to sue
196. / Insurance money free from other claims, etc.
Dealings with Contract During Lifetime of Insured
197. / Insured dealing with contract
198. / Insured entitled to dividends
199. / Transfer of ownership
200. / Effect of assignment
201. / Group life insured, enforcing rights
201.1 / Enforcement of right re creditor’s group insurance
Minors
202. / Capacity of minors
Proceedings under Contract
203. / Proof of claim
204. / Payment of insurance money
205. / Action in Ontario
207. / Documents affecting right to insurance money
208. / Declaration as to sufficiency of proof
209. / Declaration as to presumption of death
210. / Court orders, application under s. 208 or 209
211. / Stay of proceedings
212. / Appeal, ss. 208 to 210
213. / Court orders, insufficient evidence, etc.
214. / Payment into court
215. / Simultaneous deaths
216. / Insurance money payable in instalments
217. / Insurer holding insurance money
218. / Court may order payment
219. / Costs, s. 214 or 218
220. / Minors
221. / Beneficiary under legal incapacity
Miscellaneous Provisions
222. / Presumption against agency
223. / Insurer giving information
PART VI
AUTOMOBILE INSURANCE
224. / Interpretation, Part VI
225. / Exception re insured
226. / Application of Part
226.1 / Out-of-province insurers
Approval of Forms
227. / Approval of forms
228. / Application form
Other Information
229. / Information for applicants, etc.
230. / Information from brokers
Application and Policy
231. / Persons forbidden to act as agent
232. / Policy, formal requirements
232.1 / Inspection requirements
233. / Misrepresentation or violation of conditions renders claim invalid
234. / Statutory conditions
236. / Notice of expiry or variation
237. / Limitation on termination
238. / Grounds to terminate
238.1 / Affiliated automobile insurers, concurrent filing
Motor Vehicle Liability Policies
239. / Policy coverage
240. / Insurer not liable re excluded driver
241. / Coverage of non-owner’s policy
242. / Persons deemed not owners
243. / Territorial limits
244. / Rights of unnamed insured
245. / Additional agreements
246. / Liability for contamination
247. / Other liability, possible exclusions
248. / Liability for damage caused by machinery, etc.
249. / Excluded driver endorsement
250. / Liability, possible exclusions for other uses
251. / Minimum liability under policy
252. / Liability arising from use, etc., outside Ontario
253. / Excess insurance
254. / Agreement for partial payment of claim by insured
255. / Liability for nuclear energy hazard
256. / Advance payments and release by claimant
257. / Defence where more than one contract
258. / Application of insurance money, 3rd party claims, etc.
258.1 / Notice of accident
258.2 / Application of ss. 258.3 to 258.6
258.3 / Notice and disclosure before action
258.4 / Duty to disclose limits
258.5 / Duty of insurer re settlement of claim
258.6 / Mediation
259. / Notice of action and judgment against insured
259.1 / Limitation period
Physical Damage Cover
260. / Physical damage cover, limitations and exclusions
261. / Partial payment of loss clause
262. / Claims under other contracts to be adjusted
Direct Compensation — Property Damage
263. / Accidents involving two or more insured automobiles
Limited Accident Insurances
265. / Uninsured automobile coverage
266. / Statutory accident principle established, automobile use, June 22, 1990 – Dec. 31, 1993
267. / Collateral source rule not to apply, automobile use, Oct. 24, 1989 – Dec. 31, 1993
267.1 / Protection from liability, automobile use, Jan. 1, 1994 - Oct. 31, 1996
267.2 / Publication of deductible amounts
Court Proceedings for Accidents on or after November 1, 1996
267.3 / Definitions, ss. 267.4 to 267.12
267.4 / Application of ss. 267.5 to 267.11, automobile use on or after Nov. 1, 1996