O. Reg. 35/10: Statutory Accident Benefits Schedule - Accidents on or after November 1, 1996


Published: 2010-02-26

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ontario regulation 35/10

made under the

Insurance Act

Made: February 24, 2010
Filed: February 26, 2010
Published on e-Laws: March 2, 2010
Printed in The Ontario Gazette: March 13, 2010


Amending O. Reg. 403/96

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

1. Subsection 3 (1) of Ontario Regulation 403/96 is revoked and the following substituted:

3. (1) In this section,

“New Regulation” means Ontario Regulation 34/10 (Statutory Accident Benefits Schedule — Effective September 1, 2010), made under the Act.

(1.1) Subject to subsection (1.3), the benefits set out in this Regulation shall be provided under every contract evidenced by a motor vehicle liability policy in respect of accidents that occur on or after November 1, 1996 and before September 1, 2010.

(1.2) Section 24 and Parts X, XI, XII, XIII and XV do not apply after August 31, 2010.

(1.3) No amount referred to in this Regulation shall be paid after August 31, 2010.

(1.4) An amount that would, but for subsection (1.3), be paid under this Regulation after August 31, 2010 shall be paid under the New Regulation, but in the amount determined,

(a) under this Regulation, other than section 24; or

(b) under subsections 25 (1), (3), (4) and (5) of the New Regulation.

(1.5) None of the following actions shall be taken on or after September 1, 2010 in respect of an accident that occurred on or after November 1, 1996 and before September 1, 2010:

1. The delivery of a disability certificate for the purpose of section 20, 35 or 37.

2. The delivery of a notice to an insurer under subsection 32 (1) of a person’s intention to apply for a benefit.

3. A request under clause 37 (1) (a) by an insurer.

4. The delivery of a treatment confirmation form for the purpose of section 37.1 or 37.2.

5. The delivery by an insurer of a notice for the purpose of section 37.3.

6. The delivery of a treatment plan for the purpose of section 38.

7. The delivery by an insurer of a notice for the purpose of section 38.1.

8. The delivery of an application under section 38.2 for approval of an assessment or examination.

9. The delivery under section 39 of an assessment of attendant care needs.

10. The delivery by an insurer of a notice for the purpose of subsection 39 (5).

11. The delivery of an application under section 40 for a determination of whether an impairment sustained by the insured person is a catastrophic impairment.

12. The delivery by an insurer of any notice requiring an insured person to be examined under section 42.

(1.6) Any action referred to in subsection (1.5) that is not taken before September 1, 2010 may instead be taken under the corresponding provision of the New Regulation and, for that purpose, any time limit set out in the New Regulation applies as if any action previously taken under this Regulation was taken under the New Regulation.

2. This Regulation comes into force on the later of September 1, 2010 and the day it is filed.

 

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