ontario regulation 548/05

made under the

Insurance Act

Made: October 26, 2005
Filed: October 28, 2005
Printed in The Ontario Gazette: November 12, 2005


Amending Reg. 664 of R.R.O. 1990

(Automobile Insurance)

1. Subsection 12 (2) of Regulation 664 of the Revised Regulations of Ontario, 1990 is amended by adding the following paragraph:

6. Whether the insured person refused or failed to submit to an examination as required under section 42 of Ontario Regulation 403/96 (Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996) made under the Act or refused or failed to provide any material required to be provided by subsection 42 (10) of that regulation.

2. The Schedule to the Regulation is amended by adding the following section:

7. There may be awarded to an insurer the total of all amounts in respect of a claim by an insured person that are included under section 4 of Ontario Regulation 11/01 (Assessment of Expenses and Expenditures) made under the Financial Services Commission of Ontario Act, 1997 in determining the amount of the insurer’s total assessment for arbitrations under section 282 of the Act, total assessment for appeals under section 283 of the Act or total assessment for applications under section 284 of the Act, if the insured person, on or after March 1, 2006,

(a) refused or failed to submit to an examination relating to the claim under section 42 of Ontario Regulation 403/96 (Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996) made under the Act; or

(b) refused or failed to provide any material relating to the claim that was required to be provided by subsection 42 (10) of that regulation.

3. This Regulation comes into force on the later of March 1, 2006 and the day it is filed.