Acts and Regulations

I-12 - Insurance Act

Full text
Definitions
1In this Act, except where inconsistent with the interpretation sections of any Part,
“accident insurance” means insurance by which the insurer undertakes, otherwise than incidentally to some other class of insurance defined by or under this Act, to pay insurance money in the event of accident to the person or persons insured, but does not include insurance by which the insurer undertakes to pay insurance money both in the event of death by accident and in the event of death from any other cause;(assurance-accident)
“accidental death insurance” means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay an additional amount of insurance money in the event of the death by accident of the person whose life is insured;(assurance en cas de décès accidentel)
“adjuster” (expert or expert en sinistres)
(a) means
(i) a person who on behalf of an insurer or an insured, for compensation,
(A) 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 guarantee bond issued by an insurer, or
(B) investigates, adjusts, negotiates or settles the loss or claim, or
(ii) a person who holds themselves out as an adjuster, investigator, consultant or adviser with respect to the adjustment, negotiation or settlement of the loss or claim, and
(b) does not include
(i) a barrister or solicitor while acting in the usual and regular scope of their employment,
(ii) a trustee or agent of the property insured,
(iii) a liquidator or trustee in bankruptcy while acting in the usual and regular scope of their employment,
(iv) a testamentary executor, director, trustee or fiduciary in the performance of their duties,
(v) an engineer, architect, appraiser, assessor or other expert who is employed solely for the purpose of giving expert advice or evidence,
(vi) a member of a police force, fire department or office of a fire marshal while acting in the usual and regular scope of their employment, and
(vii) any other person prescribed by regulation;
“agent” means a person, other than an insurer, who, for compensation,(agent)
(a) solicits insurance on behalf of an insurer, insured or applicant for insurance,
(b) transmits an application for insurance from an insured or applicant for insurance to an insurer,
(c) transmits a policy of insurance from an insurer to an insured, or
(d) negotiates or offers to negotiate insurance on behalf of an insurer, insured or applicant for insurance or the continuance or renewal of insurance on behalf of an insurer or insured;
“aircraft insurance” means insurance against loss of or damage to an aircraft and against liability for loss or damage to persons or property caused by an aircraft or by the operation thereof;(assurance-aéronefs)
“appeal” includes a judicial revision or review of a judgment, decision, order, direction, determination, finding or conviction, and a case stated or reserved;(appel)
“automobile” includes a trolley bus and a self-propelled vehicle, and the trailers, accessories and equipment of automobiles, but does not include railway rolling stock that runs on rails, watercraft or aircraft;(automobile)
“automobile insurance” means insurance,(assurance automobile)
(a) against liability arising out of,
(i) bodily injury to or the death of a person, or
(ii) loss of or damage to property,
caused by an automobile or the use or operation thereof, or
(b) against loss of or damage to an automobile and the loss of use thereof,
and includes insurance otherwise coming within the class of accident insurance where the accident is caused by an automobile or the use or operation thereof, whether liability exists or not, if the contract also includes insurance described in paragraph (a);
“Board” means the New Brunswick Insurance Board established under section 19.2;(Commission)
“boiler and machinery insurance” means insurance against loss or damage to property and against liability for loss or damage to persons or property through the explosion, collapse, rupture, or breakdown of, or accident to, boilers or machinery of any kind;(assurance des chaudières et machines)
“broker” Repealed: 2021, c.8, s.1
“cash mutual insurance corporation” means a corporation without share capital, or with guarantee capital stock subject to repayment by the corporation, in respect of which the dividend rate is limited by its Act or instrument of incorporation, that is empowered to undertake insurance on both the cash plan and the mutual plan;(compagnie d’assurance mutuelle en comptant)
“chief agency” means the principal office or place of business in New Brunswick of any licensed insurer having its head office out of New Brunswick;(agence principale)
“compliance officer” means a person appointed as a compliance officer under section 373;(agent de conformité)
“contract” means a contract of insurance and includes a policy, certificate, interim receipt, renewal receipt, or writing evidencing the contract, whether sealed or not, and a binding oral agreement;(contrat)
“court” means The Court of King’s Bench of New Brunswick;(Cour)
“credit insurance” means insurance against loss to the insured through the insolvency or default of a person to whom credit is given in respect of goods, wares or merchandise;(assurance-crédit)
“damage appraiser” (estimateur de dommages)
(a) means a person who, for compensation or for promise or expectation of compensation, engages in the business of establishing the amount of loss resulting from any damage to the real or personal property of another person, and
(b) does not include
(i) an employee of a garage, body shop or other repair facility who estimates damage to a motor vehicle while acting in the usual and regular scope of their employment,
(ii) a liquidator or trustee in bankruptcy while acting in the usual and regular scope of their employment,
(iii) a testamentary executor, director, trustee or fiduciary while acting in the usual and regular scope of their employment,
(iv) an engineer, architect, appraiser, assessor or other expert who is employed solely for the purpose of giving expert advice or evidence,
(v) an adjuster while acting in the usual and regular scope of their employment,
(vi) a person not employed by an insurance company, adjusting firm or appraisal firm, who, while in the scope of employment because of technical or expert knowledge, is called on to estimate the damage to or the value of property, either their own, their employer’s or their employer’s customers, and
(vii) any other person prescribed by regulation;
“disability insurance” means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease;(assurance-invalidité)
“employees mutual benefit society” means a society incorporated by the officer or officers and employees of a corporation for the purpose of providing support and pensions to such of the officers or employees as become incapacitated or as cease to be employed by the corporation or for the purpose of paying pensions, annuities or gratuities to or for dependents of such officers or employees or funeral benefits upon the death of such officers or employees;(société mutuelle d’employés)
“employers’ liability insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss to an employer through liability for accidental injury to or death of an employee arising out of or in the course of his employment, but does not include workmen’s compensation insurance;(assurance contre la responsabilité des employeurs)
“endowment insurance” means an undertaking to pay an ascertained or ascertainable sum at a fixed future date, if the person whose life is insured is then alive, or at his death, if he dies before such date;(assurance mixte)
“exchange” or “reciprocal or inter-insurance exchange” means a group of subscribers exchanging reciprocal contracts of indemnity or inter-insurance with each other through the same attorney;(bourse) ou (bourse d’assurance réciproque) ou (d’interassurance)
“Facility Association” means the Facility Association established as an unincorporated non-profit association of insurers under The Compulsory Automobile Insurance Act, chapter 87 of the Statutes of Ontario, 1979, and continued under the Compulsory Automobile Insurance Act, chapter 83 of the Revised Statutes of Ontario, 1980, and includes any successor to it;(Facility Association)
“Financial and Consumer Services Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act;(Commission des services financiers et des services aux consommateurs)
“fire insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss of or damage to property through fire, lightning or explosion due to ignition;(assurance-incendie)
“foreign jurisdiction” includes any jurisdiction other than New Brunswick;(territoire étranger)
“fraternal society” means a society, order, or association incorporated for the purpose of making with its members only and not for profit, contracts of life, accident, or sickness insurance in accordance with its constitution, by-laws, and rules and this Act; but does not include a mutual benefit society, a friendly society, an employees’ mutual benefit society, or a trade union benefit society;(société de secours mutuel)
“guarantee insurance” means the undertaking to perform an agreement or contract or to discharge a trust, duty or obligation upon default of the person liable for such performance or discharge or to pay money upon such default or in lieu of such performance or discharge or where there is loss or damage through such default, and includes insurance against loss or liability for loss due to the invalidity of the title to any property or of any instrument or to any defect in such title or instrument, but does not include credit insurance;(assurance de cautionnement)
“hail insurance” means insurance against loss of or damage to growing crops caused by hail;(assurance contre la grêle)
“head office” means the place where the chief executive officer of an insurer transacts its business;(siège sociale)
“industrial contract” means a contract of life insurance for an amount not exceeding two thousand dollars, exclusive of any benefit, surplus, profit, dividend or bonus also payable under the contract, and that provides for payment of premiums at fortnightly or shorter intervals, or, if the premiums are usually collected at the home of the insured, at monthly intervals;(contrat populaire)
“inland transportation insurance” means insurance, other than marine insurance, against loss of or damage to property,(assurance de transports terrestres)
(a) while in transit or during delay incidental to transit, or
(b) where, in the opinion of the Superintendent, the risk is substantially a transit risk;
“insurance” means the undertaking by one person to indemnify another person against loss or liability for loss in respect of a certain risk or peril to which the object of the insurance may be exposed, or to pay a sum of money or other thing of value upon the happening of a certain event;(assurance)
“insurance fund” , as applied to a fraternal society or as applied to any corporation not incorporated exclusively for the transaction of insurance, includes all money, securities for money and assets appropriated by the rules of the society or corporation to the payment of insurance liabilities or appropriated for the management of the insurance branch, department or division of the society, or otherwise legally available for insurance liabilities, but does not include funds of a trade union appropriated to or applicable for the voluntary assistance of wage earners unemployed or upon strike;(fonds d’assurance)
“insurance money” means the amount payable by an insurer under a contract, and includes all benefits, surplus, profits, dividends, bonuses, and annuities payable under the contract;(sommes assurées)
“insurance on the cash plan” means and includes any insurance that is not mutual insurance;(assurance au comptant)
“insurer” includes any corporation or any society or association incorporated or unincorporated, any fraternal society or any person or partnership, or any underwriter or group of underwriters, that undertakes or effects, or agrees or offers to undertake or effect, a contract of insurance;(assureur)
“investigator” means a person appointed as an investigator under section 378;(enquêteur)
“life insurance” means insurance whereby an insurer undertakes to pay insurance money(assurance-vie)
(a) on death,
(b) on the happening of an event or contingency dependent on human life,
(c) at a fixed or determinable future time, or
(d) for a term dependent on human life,
and without restricting the generality of the foregoing, includes
(e) accidental death insurance but not accident insurance;
(f) disability insurance; and
(g) an undertaking, entered into by an insurer in the ordinary course of its business, to provide an annuity, or what would be an annuity except that the periodic payments may be unequal in amount;
“livestock insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss through death or sickness of or accident to an animal;(assurance contre la mortalité du bétail)
“lodge” includes a primary subordinate division, by whatever name known, of a fraternal society;(loge)
“marine insurance” means insurance against losses described in subsection 6(1) of the Marine Insurance Act (Canada);(assurance maritime)
“Minister” means the Minister of Finance and Treasury Board and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)
“Minister” Repealed: 2013, c.31, s.20
“motor vehicle” has the same meaning as automobile;(véhicule à moteur)
“motor vehicle liability policy” means a policy or part of a policy evidencing a contract insuring,(police de responsabilité pour automobiles)
(a) the owner or driver of an automobile, or
(b) a person who is not the owner or driver thereof where the automobile is being used or operated by his employee or agent or any other person on his behalf,
against liability arising out of bodily injury to or the death of a person or loss or damage to property caused by an automobile or the use or operation thereof;
“mutual benefit society” means a mutual corporation formed for the purpose of providing sick and funeral benefits for its members where the amounts paid as sick benefits do not exceed thirty dollars per week and as funeral benefits two hundred and fifty dollars, or for these and any other purposes except life insurance, but does not include an employees’ mutual benefit society;(société mutuelle)
“mutual insurance” means a contract of insurance, in which the consideration is not fixed or certain at the time the contract is made but is to be determined at the termination of the contract or at fixed periods during the term of the contract according to the experience of the insurer in respect of all similar contracts whether or not the maximum amount of such consideration is predetermined;(assurance mutuelle)
“mutual insurance corporation” means a corporation without share capital or with guarantee capital stock subject to repayment by the corporation, in respect to which the dividend rate is limited by its Act or instrument of incorporation, that is empowered to undertake mutual insurance exclusively;(compagnie d’assurance mutuelle)
“non-owner’s policy” means a motor vehicle liability policy insuring a person solely in respect of the use or operation by him or on his behalf of an automobile that is not owned by him;(police de conducteur)
“officer” includes any trustee, director, manager, treasurer, secretary or member of the board or committee of management of an insurer, or any person appointed by the insurer, to sue or be sued in its behalf;(dirigeant)
“owner’s policy” means a motor vehicle liability policy insuring a person in respect of the ownership, use or operation of an automobile owned by him and within the description or definition thereof in the policy and, if the contract so provides, in respect of the use or operation of any other automobile;(police de propriétaire)
“paid in” , when applied to the capital stock of an insurer or to any shares thereof, means the amount paid to the insurer on its shares not including the premium, if any, paid thereon, whether such shares are or are not fully paid;(versé)
“paid up” , when applied to the capital stock of an insurer or to any shares thereof, means capital stock or shares on which there remains no liability, actual or contingent, to the issuing insurer;(libéré)
“plate glass insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss of or damage to plate, sheet or window glass, whether in place or in transit;(assurance contre le bris des glaces)
“policy” means the instrument evidencing a contract;(police)
“premium” means the single or periodical payment to be made for the insurance, and includes dues and assessments;(prime)
“premium note” means an instrument given as consideration for insurance whereby the maker undertakes to pay such sum or sums as are legally demanded by the insurer, the aggregate of such sums not to exceed an amount specified in the instrument and includes any undertaking to pay such sums regardless of the form thereof and whether or not accompanied by a deposit of money or security;(billet de souscription)
“property” includes profits, earnings and other pecuniary interests, and expenditures for rents, interest, taxes and other outgoings and charges and in respect of inability to occupy the insured premises, but only to the extent of express provisions in the contract;(biens)
“property damage insurance” means insurance against loss of or damage to property that is not included in or incidental to some other class of insurance defined by or under this Act;(assurance contre les dommages matériels)
“provincial mutual company” means a mutual insurance corporation incorporated by or under an Act of the Legislature;(compagnie mutuelle provinciale)
“public liability insurance” means insurance against loss or damage to the person or property of others that is not included in or incidental to some other class of insurance defined by or under this Act;(assurance de la responsabilité civile)
“regulated activity” means any activity governed by this Act or the regulations;(activité réglementée)
“regulation” means a regulation made under this Act and, unless the context otherwise indicates, includes a rule;(règlement)
“rule” means a rule made under this Act, or, if the context requires, a rule made under the Financial and Consumer Services Commission Act; (règle)
“sick and funeral benefits” includes insurance against sickness, disability or death;(prestations de maladie et indemnités funéraires)
“sickness insurance” means insurance by which the insurer undertakes to pay insurance money in the event of sickness of the person or persons insured, but does not include disability insurance;(assurance-maladie)
“sprinkler leakage insurance” means insurance against loss of or damage to property through the breakage or leakage of sprinkler equipment or other fire protection system, or of pumps, water pipes or plumbing and its fixtures;(assurance contre le coulage des extincteurs automatiques)
“Superintendent” means the Superintendent of Insurance appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Financial and Consumer Services Commission or the Superintendent to act on the Superintendent’s behalf.(surintendant)
“theft insurance” means insurance against loss or damage through theft, wrongful conversion, burglary, house-breaking, robbery or forgery;(assurance contre le vol)
“Tribunal” means the Tribunal as defined in the Financial and Consumer Services Commission Act;(Tribunal)
“weather insurance” means insurance against loss or damage through windstorm, cyclone, tornado, rain, hail, flood or frost, but does not include hail insurance;(assurance contre les intempéries)
“workmen’s compensation insurance” means insurance of an employer against the cost of compensation prescribed by statute for bodily injury, disability or death of a workman through accident or disease arising out of or in the course of his employment.(assurance contre les accidents de travail)
1968, c.6, s.1; 1973, c.52, s.1; 1974, c.22 (Supp.), s.1; 1976, c.34, s.1; 1978, c.30, s.1; 1979, c.41, s.68; 1986, c.4, s.27; 1989, c.17, s.1; 2004, c.36, s.1; 2005, c.20, s.2; 2013, c.31, s.20; 2016, c.36, s.7; 2021, c.8, s.1; 2023, c.6, s.12; 2023, c.17, s.114
Definitions
1In this Act, except where inconsistent with the interpretation sections of any Part,
“accident insurance” means insurance by which the insurer undertakes, otherwise than incidentally to some other class of insurance defined by or under this Act, to pay insurance money in the event of accident to the person or persons insured, but does not include insurance by which the insurer undertakes to pay insurance money both in the event of death by accident and in the event of death from any other cause;(assurance-accident)
“accidental death insurance” means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay an additional amount of insurance money in the event of the death by accident of the person whose life is insured;(assurance en cas de décès accidentel)
“adjuster” (expert or expert en sinistres)
(a) means
(i) a person who on behalf of an insurer or an insured, for compensation,
(A) 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 guarantee bond issued by an insurer, or
(B) investigates, adjusts, negotiates or settles the loss or claim, or
(ii) a person who holds themselves out as an adjuster, investigator, consultant or adviser with respect to the adjustment, negotiation or settlement of the loss or claim, and
(b) does not include
(i) a barrister or solicitor while acting in the usual and regular scope of their employment,
(ii) a trustee or agent of the property insured,
(iii) a liquidator or trustee in bankruptcy while acting in the usual and regular scope of their employment,
(iv) a testamentary executor, director, trustee or fiduciary in the performance of their duties,
(v) an engineer, architect, appraiser, assessor or other expert who is employed solely for the purpose of giving expert advice or evidence,
(vi) a member of a police force, fire department or office of a fire marshal while acting in the usual and regular scope of their employment, and
(vii) any other person prescribed by regulation;
“agent” means a person, other than an insurer, who, for compensation,(agent)
(a) solicits insurance on behalf of an insurer, insured or applicant for insurance,
(b) transmits an application for insurance from an insured or applicant for insurance to an insurer,
(c) transmits a policy of insurance from an insurer to an insured, or
(d) negotiates or offers to negotiate insurance on behalf of an insurer, insured or applicant for insurance or the continuance or renewal of insurance on behalf of an insurer or insured;
“aircraft insurance” means insurance against loss of or damage to an aircraft and against liability for loss or damage to persons or property caused by an aircraft or by the operation thereof;(assurance-aéronefs)
“appeal” includes a judicial revision or review of a judgment, decision, order, direction, determination, finding or conviction, and a case stated or reserved;(appel)
“automobile” includes a trolley bus and a self-propelled vehicle, and the trailers, accessories and equipment of automobiles, but does not include railway rolling stock that runs on rails, watercraft or aircraft;(automobile)
“automobile insurance” means insurance,(assurance automobile)
(a) against liability arising out of,
(i) bodily injury to or the death of a person, or
(ii) loss of or damage to property,
caused by an automobile or the use or operation thereof, or
(b) against loss of or damage to an automobile and the loss of use thereof,
and includes insurance otherwise coming within the class of accident insurance where the accident is caused by an automobile or the use or operation thereof, whether liability exists or not, if the contract also includes insurance described in paragraph (a);
“Board” means the New Brunswick Insurance Board established under section 19.2;(Commission)
“boiler and machinery insurance” means insurance against loss or damage to property and against liability for loss or damage to persons or property through the explosion, collapse, rupture, or breakdown of, or accident to, boilers or machinery of any kind;(assurance des chaudières et machines)
“broker” Repealed: 2021, c.8, s.1
“cash mutual insurance corporation” means a corporation without share capital, or with guarantee capital stock subject to repayment by the corporation, in respect of which the dividend rate is limited by its Act or instrument of incorporation, that is empowered to undertake insurance on both the cash plan and the mutual plan;(compagnie d’assurance mutuelle en comptant)
“chief agency” means the principal office or place of business in New Brunswick of any licensed insurer having its head office out of New Brunswick;(agence principale)
“compliance officer” means a person appointed as a compliance officer under section 373;(agent de conformité)
“contract” means a contract of insurance and includes a policy, certificate, interim receipt, renewal receipt, or writing evidencing the contract, whether sealed or not, and a binding oral agreement;(contrat)
“court” means The Court of Queen’s Bench of New Brunswick;(Cour)
“credit insurance” means insurance against loss to the insured through the insolvency or default of a person to whom credit is given in respect of goods, wares or merchandise;(assurance-crédit)
“damage appraiser” (estimateur de dommages)
(a) means a person who, for compensation or for promise or expectation of compensation, engages in the business of establishing the amount of loss resulting from any damage to the real or personal property of another person, and
(b) does not include
(i) an employee of a garage, body shop or other repair facility who estimates damage to a motor vehicle while acting in the usual and regular scope of their employment,
(ii) a liquidator or trustee in bankruptcy while acting in the usual and regular scope of their employment,
(iii) a testamentary executor, director, trustee or fiduciary while acting in the usual and regular scope of their employment,
(iv) an engineer, architect, appraiser, assessor or other expert who is employed solely for the purpose of giving expert advice or evidence,
(v) an adjuster while acting in the usual and regular scope of their employment,
(vi) a person not employed by an insurance company, adjusting firm or appraisal firm, who, while in the scope of employment because of technical or expert knowledge, is called on to estimate the damage to or the value of property, either their own, their employer’s or their employer’s customers, and
(vii) any other person prescribed by regulation;
“disability insurance” means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease;(assurance-invalidité)
“employees mutual benefit society” means a society incorporated by the officer or officers and employees of a corporation for the purpose of providing support and pensions to such of the officers or employees as become incapacitated or as cease to be employed by the corporation or for the purpose of paying pensions, annuities or gratuities to or for dependents of such officers or employees or funeral benefits upon the death of such officers or employees;(société mutuelle d’employés)
“employers’ liability insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss to an employer through liability for accidental injury to or death of an employee arising out of or in the course of his employment, but does not include workmen’s compensation insurance;(assurance contre la responsabilité des employeurs)
“endowment insurance” means an undertaking to pay an ascertained or ascertainable sum at a fixed future date, if the person whose life is insured is then alive, or at his death, if he dies before such date;(assurance mixte)
“exchange” or “reciprocal or inter-insurance exchange” means a group of subscribers exchanging reciprocal contracts of indemnity or inter-insurance with each other through the same attorney;(bourse) ou (bourse d’assurance réciproque) ou (d’interassurance)
“Facility Association” means the Facility Association established as an unincorporated non-profit association of insurers under The Compulsory Automobile Insurance Act, chapter 87 of the Statutes of Ontario, 1979, and continued under the Compulsory Automobile Insurance Act, chapter 83 of the Revised Statutes of Ontario, 1980, and includes any successor to it;(Facility Association)
“Financial and Consumer Services Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act;(Commission des services financiers et des services aux consommateurs)
“fire insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss of or damage to property through fire, lightning or explosion due to ignition;(assurance-incendie)
“foreign jurisdiction” includes any jurisdiction other than New Brunswick;(territoire étranger)
“fraternal society” means a society, order, or association incorporated for the purpose of making with its members only and not for profit, contracts of life, accident, or sickness insurance in accordance with its constitution, by-laws, and rules and this Act; but does not include a mutual benefit society, a friendly society, an employees’ mutual benefit society, or a trade union benefit society;(société de secours mutuel)
“guarantee insurance” means the undertaking to perform an agreement or contract or to discharge a trust, duty or obligation upon default of the person liable for such performance or discharge or to pay money upon such default or in lieu of such performance or discharge or where there is loss or damage through such default, and includes insurance against loss or liability for loss due to the invalidity of the title to any property or of any instrument or to any defect in such title or instrument, but does not include credit insurance;(assurance de cautionnement)
“hail insurance” means insurance against loss of or damage to growing crops caused by hail;(assurance contre la grêle)
“head office” means the place where the chief executive officer of an insurer transacts its business;(siège sociale)
“industrial contract” means a contract of life insurance for an amount not exceeding two thousand dollars, exclusive of any benefit, surplus, profit, dividend or bonus also payable under the contract, and that provides for payment of premiums at fortnightly or shorter intervals, or, if the premiums are usually collected at the home of the insured, at monthly intervals;(contrat populaire)
“inland transportation insurance” means insurance, other than marine insurance, against loss of or damage to property,(assurance de transports terrestres)
(a) while in transit or during delay incidental to transit, or
(b) where, in the opinion of the Superintendent, the risk is substantially a transit risk;
“insurance” means the undertaking by one person to indemnify another person against loss or liability for loss in respect of a certain risk or peril to which the object of the insurance may be exposed, or to pay a sum of money or other thing of value upon the happening of a certain event;(assurance)
“insurance fund” , as applied to a fraternal society or as applied to any corporation not incorporated exclusively for the transaction of insurance, includes all money, securities for money and assets appropriated by the rules of the society or corporation to the payment of insurance liabilities or appropriated for the management of the insurance branch, department or division of the society, or otherwise legally available for insurance liabilities, but does not include funds of a trade union appropriated to or applicable for the voluntary assistance of wage earners unemployed or upon strike;(fonds d’assurance)
“insurance money” means the amount payable by an insurer under a contract, and includes all benefits, surplus, profits, dividends, bonuses, and annuities payable under the contract;(sommes assurées)
“insurance on the cash plan” means and includes any insurance that is not mutual insurance;(assurance au comptant)
“insurer” includes any corporation or any society or association incorporated or unincorporated, any fraternal society or any person or partnership, or any underwriter or group of underwriters, that undertakes or effects, or agrees or offers to undertake or effect, a contract of insurance;(assureur)
“investigator” means a person appointed as an investigator under section 378;(enquêteur)
“life insurance” means insurance whereby an insurer undertakes to pay insurance money(assurance-vie)
(a) on death,
(b) on the happening of an event or contingency dependent on human life,
(c) at a fixed or determinable future time, or
(d) for a term dependent on human life,
and without restricting the generality of the foregoing, includes
(e) accidental death insurance but not accident insurance;
(f) disability insurance; and
(g) an undertaking, entered into by an insurer in the ordinary course of its business, to provide an annuity, or what would be an annuity except that the periodic payments may be unequal in amount;
“livestock insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss through death or sickness of or accident to an animal;(assurance contre la mortalité du bétail)
“lodge” includes a primary subordinate division, by whatever name known, of a fraternal society;(loge)
“marine insurance” means insurance against losses described in subsection 6(1) of the Marine Insurance Act (Canada);(assurance maritime)
“Minister” means the Minister of Finance and Treasury Board and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)
“Minister” Repealed: 2013, c.31, s.20
“motor vehicle” has the same meaning as automobile;(véhicule à moteur)
“motor vehicle liability policy” means a policy or part of a policy evidencing a contract insuring,(police de responsabilité pour automobiles)
(a) the owner or driver of an automobile, or
(b) a person who is not the owner or driver thereof where the automobile is being used or operated by his employee or agent or any other person on his behalf,
against liability arising out of bodily injury to or the death of a person or loss or damage to property caused by an automobile or the use or operation thereof;
“mutual benefit society” means a mutual corporation formed for the purpose of providing sick and funeral benefits for its members where the amounts paid as sick benefits do not exceed thirty dollars per week and as funeral benefits two hundred and fifty dollars, or for these and any other purposes except life insurance, but does not include an employees’ mutual benefit society;(société mutuelle)
“mutual insurance” means a contract of insurance, in which the consideration is not fixed or certain at the time the contract is made but is to be determined at the termination of the contract or at fixed periods during the term of the contract according to the experience of the insurer in respect of all similar contracts whether or not the maximum amount of such consideration is predetermined;(assurance mutuelle)
“mutual insurance corporation” means a corporation without share capital or with guarantee capital stock subject to repayment by the corporation, in respect to which the dividend rate is limited by its Act or instrument of incorporation, that is empowered to undertake mutual insurance exclusively;(compagnie d’assurance mutuelle)
“non-owner’s policy” means a motor vehicle liability policy insuring a person solely in respect of the use or operation by him or on his behalf of an automobile that is not owned by him;(police de conducteur)
“officer” includes any trustee, director, manager, treasurer, secretary or member of the board or committee of management of an insurer, or any person appointed by the insurer, to sue or be sued in its behalf;(dirigeant)
“owner’s policy” means a motor vehicle liability policy insuring a person in respect of the ownership, use or operation of an automobile owned by him and within the description or definition thereof in the policy and, if the contract so provides, in respect of the use or operation of any other automobile;(police de propriétaire)
“paid in” , when applied to the capital stock of an insurer or to any shares thereof, means the amount paid to the insurer on its shares not including the premium, if any, paid thereon, whether such shares are or are not fully paid;(versé)
“paid up” , when applied to the capital stock of an insurer or to any shares thereof, means capital stock or shares on which there remains no liability, actual or contingent, to the issuing insurer;(libéré)
“plate glass insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss of or damage to plate, sheet or window glass, whether in place or in transit;(assurance contre le bris des glaces)
“policy” means the instrument evidencing a contract;(police)
“premium” means the single or periodical payment to be made for the insurance, and includes dues and assessments;(prime)
“premium note” means an instrument given as consideration for insurance whereby the maker undertakes to pay such sum or sums as are legally demanded by the insurer, the aggregate of such sums not to exceed an amount specified in the instrument and includes any undertaking to pay such sums regardless of the form thereof and whether or not accompanied by a deposit of money or security;(billet de souscription)
“property” includes profits, earnings and other pecuniary interests, and expenditures for rents, interest, taxes and other outgoings and charges and in respect of inability to occupy the insured premises, but only to the extent of express provisions in the contract;(biens)
“property damage insurance” means insurance against loss of or damage to property that is not included in or incidental to some other class of insurance defined by or under this Act;(assurance contre les dommages matériels)
“provincial mutual company” means a mutual insurance corporation incorporated by or under an Act of the Legislature;(compagnie mutuelle provinciale)
“public liability insurance” means insurance against loss or damage to the person or property of others that is not included in or incidental to some other class of insurance defined by or under this Act;(assurance de la responsabilité civile)
“regulated activity” means any activity governed by this Act or the regulations;(activité réglementée)
“regulation” means a regulation made under this Act and, unless the context otherwise indicates, includes a rule;(règlement)
“rule” means a rule made under this Act, or, if the context requires, a rule made under the Financial and Consumer Services Commission Act; (règle)
“sick and funeral benefits” includes insurance against sickness, disability or death;(prestations de maladie et indemnités funéraires)
“sickness insurance” means insurance by which the insurer undertakes to pay insurance money in the event of sickness of the person or persons insured, but does not include disability insurance;(assurance-maladie)
“sprinkler leakage insurance” means insurance against loss of or damage to property through the breakage or leakage of sprinkler equipment or other fire protection system, or of pumps, water pipes or plumbing and its fixtures;(assurance contre le coulage des extincteurs automatiques)
“Superintendent” means the Superintendent of Insurance appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Financial and Consumer Services Commission or the Superintendent to act on the Superintendent’s behalf.(surintendant)
“theft insurance” means insurance against loss or damage through theft, wrongful conversion, burglary, house-breaking, robbery or forgery;(assurance contre le vol)
“Tribunal” means the Tribunal established under the Financial and Consumer Services Commission Act;(Tribunal)
“weather insurance” means insurance against loss or damage through windstorm, cyclone, tornado, rain, hail, flood or frost, but does not include hail insurance;(assurance contre les intempéries)
“workmen’s compensation insurance” means insurance of an employer against the cost of compensation prescribed by statute for bodily injury, disability or death of a workman through accident or disease arising out of or in the course of his employment.(assurance contre les accidents de travail)
1968, c.6, s.1; 1973, c.52, s.1; 1974, c.22 (Supp.), s.1; 1976, c.34, s.1; 1978, c.30, s.1; 1979, c.41, s.68; 1986, c.4, s.27; 1989, c.17, s.1; 2004, c.36, s.1; 2005, c.20, s.2; 2013, c.31, s.20; 2016, c.36, s.7; 2021, c.8, s.1
Definitions
1In this Act, except where inconsistent with the interpretation sections of any Part,
“accident insurance” means insurance by which the insurer undertakes, otherwise than incidentally to some other class of insurance defined by or under this Act, to pay insurance money in the event of accident to the person or persons insured, but does not include insurance by which the insurer undertakes to pay insurance money both in the event of death by accident and in the event of death from any other cause;(assurance-accident)
“accidental death insurance” means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay an additional amount of insurance money in the event of the death by accident of the person whose life is insured;(assurance en cas de décès accidentel)
“adjuster” means a person who, for compensation, not being a barrister or solicitor acting in the usual course of his profession or a trustee or an agent of the property insured, directly or indirectly solicits the right to negotiate the settlement of a loss under a contract of insurance on behalf of the insured or the insurer, or holds himself out as an adjuster of losses under such contracts;(expert ou expert en sinistres)
“agent” means a person who, for compensation, not being a duly licensed insurance broker or a person acting under the authority of subsections 352(15), (16), (17), (18), or (19), solicits, effects or negotiates insurance on behalf of any insurer whether named or not, or transmits, for a person other than himself, an application for or a policy of insurance to or from such insurer, or acts, offers or assumes to act in the negotiation of insurance or in negotiating its continuance or renewal;(agent)
“aircraft insurance” means insurance against loss of or damage to an aircraft and against liability for loss or damage to persons or property caused by an aircraft or by the operation thereof;(assurance-aéronefs)
“appeal” includes a judicial revision or review of a judgment, decision, order, direction, determination, finding or conviction, and a case stated or reserved;(appel)
“automobile” includes a trolley bus and a self-propelled vehicle, and the trailers, accessories and equipment of automobiles, but does not include railway rolling stock that runs on rails, watercraft or aircraft;(automobile)
“automobile insurance” means insurance,(assurance automobile)
(a) against liability arising out of,
(i) bodily injury to or the death of a person, or
(ii) loss of or damage to property,
caused by an automobile or the use or operation thereof, or
(b) against loss of or damage to an automobile and the loss of use thereof,
and includes insurance otherwise coming within the class of accident insurance where the accident is caused by an automobile or the use or operation thereof, whether liability exists or not, if the contract also includes insurance described in paragraph (a);
“Board” means the New Brunswick Insurance Board established under section 19.2;(Commission)
“boiler and machinery insurance” means insurance against loss or damage to property and against liability for loss or damage to persons or property through the explosion, collapse, rupture, or breakdown of, or accident to, boilers or machinery of any kind;(assurance des chaudières et machines)
“broker” means a person who, for compensation, not being a licensed agent or a person acting under the authority of subsections 352(15), (16), (17), (18) or (19), acts or aids in any manner in negotiating contracts of insurance or placing risks or effecting insurance, or in negotiating the continuance or renewal of such contracts for a person other than himself;(courtier)
“cash mutual insurance corporation” means a corporation without share capital, or with guarantee capital stock subject to repayment by the corporation, in respect of which the dividend rate is limited by its Act or instrument of incorporation, that is empowered to undertake insurance on both the cash plan and the mutual plan;(compagnie d’assurance mutuelle en comptant)
“chief agency” means the principal office or place of business in New Brunswick of any licensed insurer having its head office out of New Brunswick;(agence principale)
“compliance officer” means a person appointed as a compliance officer under section 373;(agent de conformité)
“contract” means a contract of insurance and includes a policy, certificate, interim receipt, renewal receipt, or writing evidencing the contract, whether sealed or not, and a binding oral agreement;(contrat)
“court” means The Court of Queen’s Bench of New Brunswick;(Cour)
“credit insurance” means insurance against loss to the insured through the insolvency or default of a person to whom credit is given in respect of goods, wares or merchandise;(assurance-crédit)
“damage appraiser” (estimateur de dommages)
(a) means a person who, for compensation or for promise or expectation of compensation, engages in the business of establishing the amount of loss resulting from any damage to the real or personal property of another person, and
(b) does not include
(i) an employee of a garage, body shop or other repair facility who estimates damage to a motor vehicle while acting in the usual and regular scope of their employment,
(ii) a liquidator or trustee in bankruptcy while acting in the usual and regular scope of their employment,
(iii) a testamentary executor, director, trustee or fiduciary while acting in the usual and regular scope of their employment,
(iv) an engineer, architect, appraiser, assessor or other expert who is employed solely for the purpose of giving expert advice or evidence,
(v) an adjuster while acting in the usual and regular scope of their employment,
(vi) a person not employed by an insurance company, adjusting firm or appraisal firm, who, while in the scope of employment because of technical or expert knowledge, is called on to estimate the damage to or the value of property, either their own, their employer’s or their employer’s customers, and
(vii) any other person prescribed by regulation;
“disability insurance” means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease;(assurance-invalidité)
“employees mutual benefit society” means a society incorporated by the officer or officers and employees of a corporation for the purpose of providing support and pensions to such of the officers or employees as become incapacitated or as cease to be employed by the corporation or for the purpose of paying pensions, annuities or gratuities to or for dependents of such officers or employees or funeral benefits upon the death of such officers or employees;(société mutuelle d’employés)
“employers’ liability insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss to an employer through liability for accidental injury to or death of an employee arising out of or in the course of his employment, but does not include workmen’s compensation insurance;(assurance contre la responsabilité des employeurs)
“endowment insurance” means an undertaking to pay an ascertained or ascertainable sum at a fixed future date, if the person whose life is insured is then alive, or at his death, if he dies before such date;(assurance mixte)
“exchange” or “reciprocal or inter-insurance exchange” means a group of subscribers exchanging reciprocal contracts of indemnity or inter-insurance with each other through the same attorney;(bourse) ou (bourse d’assurance réciproque) ou (d’interassurance)
“Facility Association” means the Facility Association established as an unincorporated non-profit association of insurers under The Compulsory Automobile Insurance Act, chapter 87 of the Statutes of Ontario, 1979, and continued under the Compulsory Automobile Insurance Act, chapter 83 of the Revised Statutes of Ontario, 1980, and includes any successor to it;(Facility Association)
“Financial and Consumer Services Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act;(Commission des services financiers et des services aux consommateurs)
“fire insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss of or damage to property through fire, lightning or explosion due to ignition;(assurance-incendie)
“foreign jurisdiction” includes any jurisdiction other than New Brunswick;(territoire étranger)
“fraternal society” means a society, order, or association incorporated for the purpose of making with its members only and not for profit, contracts of life, accident, or sickness insurance in accordance with its constitution, by-laws, and rules and this Act; but does not include a mutual benefit society, a friendly society, an employees’ mutual benefit society, or a trade union benefit society;(société de secours mutuel)
“guarantee insurance” means the undertaking to perform an agreement or contract or to discharge a trust, duty or obligation upon default of the person liable for such performance or discharge or to pay money upon such default or in lieu of such performance or discharge or where there is loss or damage through such default, and includes insurance against loss or liability for loss due to the invalidity of the title to any property or of any instrument or to any defect in such title or instrument, but does not include credit insurance;(assurance de cautionnement)
“hail insurance” means insurance against loss of or damage to growing crops caused by hail;(assurance contre la grêle)
“head office” means the place where the chief executive officer of an insurer transacts its business;(siège sociale)
“industrial contract” means a contract of life insurance for an amount not exceeding two thousand dollars, exclusive of any benefit, surplus, profit, dividend or bonus also payable under the contract, and that provides for payment of premiums at fortnightly or shorter intervals, or, if the premiums are usually collected at the home of the insured, at monthly intervals;(contrat populaire)
“inland transportation insurance” means insurance, other than marine insurance, against loss of or damage to property,(assurance de transports terrestres)
(a) while in transit or during delay incidental to transit, or
(b) where, in the opinion of the Superintendent, the risk is substantially a transit risk;
“insurance” means the undertaking by one person to indemnify another person against loss or liability for loss in respect of a certain risk or peril to which the object of the insurance may be exposed, or to pay a sum of money or other thing of value upon the happening of a certain event;(assurance)
“insurance fund” , as applied to a fraternal society or as applied to any corporation not incorporated exclusively for the transaction of insurance, includes all money, securities for money and assets appropriated by the rules of the society or corporation to the payment of insurance liabilities or appropriated for the management of the insurance branch, department or division of the society, or otherwise legally available for insurance liabilities, but does not include funds of a trade union appropriated to or applicable for the voluntary assistance of wage earners unemployed or upon strike;(fonds d’assurance)
“insurance money” means the amount payable by an insurer under a contract, and includes all benefits, surplus, profits, dividends, bonuses, and annuities payable under the contract;(sommes assurées)
“insurance on the cash plan” means and includes any insurance that is not mutual insurance;(assurance au comptant)
“insurer” includes any corporation or any society or association incorporated or unincorporated, any fraternal society or any person or partnership, or any underwriter or group of underwriters, that undertakes or effects, or agrees or offers to undertake or effect, a contract of insurance;(assureur)
“investigator” means a person appointed as an investigator under section 378;(enquêteur)
“life insurance” means insurance whereby an insurer undertakes to pay insurance money(assurance-vie)
(a) on death,
(b) on the happening of an event or contingency dependent on human life,
(c) at a fixed or determinable future time, or
(d) for a term dependent on human life,
and without restricting the generality of the foregoing, includes
(e) accidental death insurance but not accident insurance;
(f) disability insurance; and
(g) an undertaking, entered into by an insurer in the ordinary course of its business, to provide an annuity, or what would be an annuity except that the periodic payments may be unequal in amount;
“livestock insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss through death or sickness of or accident to an animal;(assurance contre la mortalité du bétail)
“lodge” includes a primary subordinate division, by whatever name known, of a fraternal society;(loge)
“marine insurance” means insurance against losses described in subsection 6(1) of the Marine Insurance Act (Canada);(assurance maritime)
“Minister” means the Minister of Finance and Treasury Board and includes any person designated by the Minister to act on the Minister’s behalf. (ministre)
“Minister” Repealed: 2013, c.31, s.20
“motor vehicle” has the same meaning as automobile;(véhicule à moteur)
“motor vehicle liability policy” means a policy or part of a policy evidencing a contract insuring,(police de responsabilité pour automobiles)
(a) the owner or driver of an automobile, or
(b) a person who is not the owner or driver thereof where the automobile is being used or operated by his employee or agent or any other person on his behalf,
against liability arising out of bodily injury to or the death of a person or loss or damage to property caused by an automobile or the use or operation thereof;
“mutual benefit society” means a mutual corporation formed for the purpose of providing sick and funeral benefits for its members where the amounts paid as sick benefits do not exceed thirty dollars per week and as funeral benefits two hundred and fifty dollars, or for these and any other purposes except life insurance, but does not include an employees’ mutual benefit society;(société mutuelle)
“mutual insurance” means a contract of insurance, in which the consideration is not fixed or certain at the time the contract is made but is to be determined at the termination of the contract or at fixed periods during the term of the contract according to the experience of the insurer in respect of all similar contracts whether or not the maximum amount of such consideration is predetermined;(assurance mutuelle)
“mutual insurance corporation” means a corporation without share capital or with guarantee capital stock subject to repayment by the corporation, in respect to which the dividend rate is limited by its Act or instrument of incorporation, that is empowered to undertake mutual insurance exclusively;(compagnie d’assurance mutuelle)
“non-owner’s policy” means a motor vehicle liability policy insuring a person solely in respect of the use or operation by him or on his behalf of an automobile that is not owned by him;(police de conducteur)
“officer” includes any trustee, director, manager, treasurer, secretary or member of the board or committee of management of an insurer, or any person appointed by the insurer, to sue or be sued in its behalf;(dirigeant)
“owner’s policy” means a motor vehicle liability policy insuring a person in respect of the ownership, use or operation of an automobile owned by him and within the description or definition thereof in the policy and, if the contract so provides, in respect of the use or operation of any other automobile;(police de propriétaire)
“paid in” , when applied to the capital stock of an insurer or to any shares thereof, means the amount paid to the insurer on its shares not including the premium, if any, paid thereon, whether such shares are or are not fully paid;(versé)
“paid up” , when applied to the capital stock of an insurer or to any shares thereof, means capital stock or shares on which there remains no liability, actual or contingent, to the issuing insurer;(libéré)
“plate glass insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss of or damage to plate, sheet or window glass, whether in place or in transit;(assurance contre le bris des glaces)
“policy” means the instrument evidencing a contract;(police)
“premium” means the single or periodical payment to be made for the insurance, and includes dues and assessments;(prime)
“premium note” means an instrument given as consideration for insurance whereby the maker undertakes to pay such sum or sums as are legally demanded by the insurer, the aggregate of such sums not to exceed an amount specified in the instrument and includes any undertaking to pay such sums regardless of the form thereof and whether or not accompanied by a deposit of money or security;(billet de souscription)
“property” includes profits, earnings and other pecuniary interests, and expenditures for rents, interest, taxes and other outgoings and charges and in respect of inability to occupy the insured premises, but only to the extent of express provisions in the contract;(biens)
“property damage insurance” means insurance against loss of or damage to property that is not included in or incidental to some other class of insurance defined by or under this Act;(assurance contre les dommages matériels)
“provincial mutual company” means a mutual insurance corporation incorporated by or under an Act of the Legislature;(compagnie mutuelle provinciale)
“public liability insurance” means insurance against loss or damage to the person or property of others that is not included in or incidental to some other class of insurance defined by or under this Act;(assurance de la responsabilité civile)
“regulated activity” means any activity governed by this Act or the regulations;(activité réglementée)
“regulation” means a regulation made under this Act and, unless the context otherwise indicates, includes a rule;(règlement)
“rule” means a rule made under this Act, or, if the context requires, a rule made under the Financial and Consumer Services Commission Act; (règle)
“sick and funeral benefits” includes insurance against sickness, disability or death;(prestations de maladie et indemnités funéraires)
“sickness insurance” means insurance by which the insurer undertakes to pay insurance money in the event of sickness of the person or persons insured, but does not include disability insurance;(assurance-maladie)
“sprinkler leakage insurance” means insurance against loss of or damage to property through the breakage or leakage of sprinkler equipment or other fire protection system, or of pumps, water pipes or plumbing and its fixtures;(assurance contre le coulage des extincteurs automatiques)
“Superintendent” means the Superintendent of Insurance appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Financial and Consumer Services Commission or the Superintendent to act on the Superintendent’s behalf.(surintendant)
“theft insurance” means insurance against loss or damage through theft, wrongful conversion, burglary, house-breaking, robbery or forgery;(assurance contre le vol)
“Tribunal” means the Tribunal established under the Financial and Consumer Services Commission Act;(Tribunal)
“weather insurance” means insurance against loss or damage through windstorm, cyclone, tornado, rain, hail, flood or frost, but does not include hail insurance;(assurance contre les intempéries)
“workmen’s compensation insurance” means insurance of an employer against the cost of compensation prescribed by statute for bodily injury, disability or death of a workman through accident or disease arising out of or in the course of his employment.(assurance contre les accidents de travail)
1968, c.6, s.1; 1973, c.52, s.1; 1974, c.22 (Supp.), s.1; 1976, c.34, s.1; 1978, c.30, s.1; 1979, c.41, s.68; 1986, c.4, s.27; 1989, c.17, s.1; 2004, c.36, s.1; 2005, c.20, s.2; 2013, c.31, s.20; 2016, c.36, s.7; 2021, c.8, s.1
Definitions
1In this Act, except where inconsistent with the interpretation sections of any Part,
“accident insurance” means insurance by which the insurer undertakes, otherwise than incidentally to some other class of insurance defined by or under this Act, to pay insurance money in the event of accident to the person or persons insured, but does not include insurance by which the insurer undertakes to pay insurance money both in the event of death by accident and in the event of death from any other cause;(assurance-accident)
“accidental death insurance” means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay an additional amount of insurance money in the event of the death by accident of the person whose life is insured;(assurance en cas de décès accidentel)
“adjuster” means a person who, for compensation, not being a barrister or solicitor acting in the usual course of his profession or a trustee or an agent of the property insured, directly or indirectly solicits the right to negotiate the settlement of a loss under a contract of insurance on behalf of the insured or the insurer, or holds himself out as an adjuster of losses under such contracts;(expert ou expert en sinistres)
“agent” means a person who, for compensation, not being a duly licensed insurance broker or a person acting under the authority of subsections 352(15), (16), (17), (18), or (19), solicits, effects or negotiates insurance on behalf of any insurer whether named or not, or transmits, for a person other than himself, an application for or a policy of insurance to or from such insurer, or acts, offers or assumes to act in the negotiation of insurance or in negotiating its continuance or renewal;(agent)
“aircraft insurance” means insurance against loss of or damage to an aircraft and against liability for loss or damage to persons or property caused by an aircraft or by the operation thereof;(assurance-aéronefs)
“appeal” includes a judicial revision or review of a judgment, decision, order, direction, determination, finding or conviction, and a case stated or reserved;(appel)
“automobile” includes a trolley bus and a self-propelled vehicle, and the trailers, accessories and equipment of automobiles, but does not include railway rolling stock that runs on rails, watercraft or aircraft;(automobile)
“automobile insurance” means insurance,(assurance automobile)
(a) against liability arising out of,
(i) bodily injury to or the death of a person, or
(ii) loss of or damage to property,
caused by an automobile or the use or operation thereof, or
(b) against loss of or damage to an automobile and the loss of use thereof,
and includes insurance otherwise coming within the class of accident insurance where the accident is caused by an automobile or the use or operation thereof, whether liability exists or not, if the contract also includes insurance described in paragraph (a);
“Board” means the New Brunswick Insurance Board established under section 19.2;(Commission)
“boiler and machinery insurance” means insurance against loss or damage to property and against liability for loss or damage to persons or property through the explosion, collapse, rupture, or breakdown of, or accident to, boilers or machinery of any kind;(assurance des chaudières et machines)
“broker” means a person who, for compensation, not being a licensed agent or a person acting under the authority of subsections 352(15), (16), (17), (18) or (19), acts or aids in any manner in negotiating contracts of insurance or placing risks or effecting insurance, or in negotiating the continuance or renewal of such contracts for a person other than himself;(courtier)
“cash mutual insurance corporation” means a corporation without share capital, or with guarantee capital stock subject to repayment by the corporation, in respect of which the dividend rate is limited by its Act or instrument of incorporation, that is empowered to undertake insurance on both the cash plan and the mutual plan;(compagnie d’assurance mutuelle en comptant)
“chief agency” means the principal office or place of business in New Brunswick of any licensed insurer having its head office out of New Brunswick;(agence principale)
“compliance officer” means a person appointed as a compliance officer under section 373;(agent de conformité)
“contract” means a contract of insurance and includes a policy, certificate, interim receipt, renewal receipt, or writing evidencing the contract, whether sealed or not, and a binding oral agreement;(contrat)
“court” means The Court of Queen’s Bench of New Brunswick;(Cour)
“credit insurance” means insurance against loss to the insured through the insolvency or default of a person to whom credit is given in respect of goods, wares or merchandise;(assurance-crédit)
“damage appraiser” means a person who, for compensation or for promise or expectation of compensation, engages in the business of establishing the amount of loss resulting from any damage to the real or personal property of another person;(estimateur de dommages)
“disability insurance” means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease;(assurance-invalidité)
“employees mutual benefit society” means a society incorporated by the officer or officers and employees of a corporation for the purpose of providing support and pensions to such of the officers or employees as become incapacitated or as cease to be employed by the corporation or for the purpose of paying pensions, annuities or gratuities to or for dependents of such officers or employees or funeral benefits upon the death of such officers or employees;(société mutuelle d’employés)
“employers’ liability insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss to an employer through liability for accidental injury to or death of an employee arising out of or in the course of his employment, but does not include workmen’s compensation insurance;(assurance contre la responsabilité des employeurs)
“endowment insurance” means an undertaking to pay an ascertained or ascertainable sum at a fixed future date, if the person whose life is insured is then alive, or at his death, if he dies before such date;(assurance mixte)
“exchange” or “reciprocal or inter-insurance exchange” means a group of subscribers exchanging reciprocal contracts of indemnity or inter-insurance with each other through the same attorney;(bourse) ou (bourse d’assurance réciproque) ou (d’interassurance)
“Facility Association” means the Facility Association established as an unincorporated non-profit association of insurers under The Compulsory Automobile Insurance Act, chapter 87 of the Statutes of Ontario, 1979, and continued under the Compulsory Automobile Insurance Act, chapter 83 of the Revised Statutes of Ontario, 1980, and includes any successor to it;(Facility Association)
“Financial and Consumer Services Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act;(Commission des services financiers et des services aux consommateurs)
“fire insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss of or damage to property through fire, lightning or explosion due to ignition;(assurance-incendie)
“foreign jurisdiction” includes any jurisdiction other than New Brunswick;(territoire étranger)
“fraternal society” means a society, order, or association incorporated for the purpose of making with its members only and not for profit, contracts of life, accident, or sickness insurance in accordance with its constitution, by-laws, and rules and this Act; but does not include a mutual benefit society, a friendly society, an employees’ mutual benefit society, or a trade union benefit society;(société de secours mutuel)
“guarantee insurance” means the undertaking to perform an agreement or contract or to discharge a trust, duty or obligation upon default of the person liable for such performance or discharge or to pay money upon such default or in lieu of such performance or discharge or where there is loss or damage through such default, and includes insurance against loss or liability for loss due to the invalidity of the title to any property or of any instrument or to any defect in such title or instrument, but does not include credit insurance;(assurance de cautionnement)
“hail insurance” means insurance against loss of or damage to growing crops caused by hail;(assurance contre la grêle)
“head office” means the place where the chief executive officer of an insurer transacts its business;(siège sociale)
“industrial contract” means a contract of life insurance for an amount not exceeding two thousand dollars, exclusive of any benefit, surplus, profit, dividend or bonus also payable under the contract, and that provides for payment of premiums at fortnightly or shorter intervals, or, if the premiums are usually collected at the home of the insured, at monthly intervals;(contrat populaire)
“inland transportation insurance” means insurance, other than marine insurance, against loss of or damage to property,(assurance de transports terrestres)
(a) while in transit or during delay incidental to transit, or
(b) where, in the opinion of the Superintendent, the risk is substantially a transit risk;
“insurance” means the undertaking by one person to indemnify another person against loss or liability for loss in respect of a certain risk or peril to which the object of the insurance may be exposed, or to pay a sum of money or other thing of value upon the happening of a certain event;(assurance)
“insurance fund” , as applied to a fraternal society or as applied to any corporation not incorporated exclusively for the transaction of insurance, includes all money, securities for money and assets appropriated by the rules of the society or corporation to the payment of insurance liabilities or appropriated for the management of the insurance branch, department or division of the society, or otherwise legally available for insurance liabilities, but does not include funds of a trade union appropriated to or applicable for the voluntary assistance of wage earners unemployed or upon strike;(fonds d’assurance)
“insurance money” means the amount payable by an insurer under a contract, and includes all benefits, surplus, profits, dividends, bonuses, and annuities payable under the contract;(sommes assurées)
“insurance on the cash plan” means and includes any insurance that is not mutual insurance;(assurance au comptant)
“insurer” includes any corporation or any society or association incorporated or unincorporated, any fraternal society or any person or partnership, or any underwriter or group of underwriters, that undertakes or effects, or agrees or offers to undertake or effect, a contract of insurance;(assureur)
“investigator” means a person appointed as an investigator under section 378;(enquêteur)
“life insurance” means insurance whereby an insurer undertakes to pay insurance money(assurance-vie)
(a) on death,
(b) on the happening of an event or contingency dependent on human life,
(c) at a fixed or determinable future time, or
(d) for a term dependent on human life,
and without restricting the generality of the foregoing, includes
(e) accidental death insurance but not accident insurance;
(f) disability insurance; and
(g) an undertaking, entered into by an insurer in the ordinary course of its business, to provide an annuity, or what would be an annuity except that the periodic payments may be unequal in amount;
“livestock insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss through death or sickness of or accident to an animal;(assurance contre la mortalité du bétail)
“lodge” includes a primary subordinate division, by whatever name known, of a fraternal society;(loge)
“marine insurance” means insurance against losses described in subsection 6(1) of the Marine Insurance Act (Canada);(assurance maritime)
“Minister” Repealed: 2013, c.31, s.20
“motor vehicle” has the same meaning as automobile;(véhicule à moteur)
“motor vehicle liability policy” means a policy or part of a policy evidencing a contract insuring,(police de responsabilité pour automobiles)
(a) the owner or driver of an automobile, or
(b) a person who is not the owner or driver thereof where the automobile is being used or operated by his employee or agent or any other person on his behalf,
against liability arising out of bodily injury to or the death of a person or loss or damage to property caused by an automobile or the use or operation thereof;
“mutual benefit society” means a mutual corporation formed for the purpose of providing sick and funeral benefits for its members where the amounts paid as sick benefits do not exceed thirty dollars per week and as funeral benefits two hundred and fifty dollars, or for these and any other purposes except life insurance, but does not include an employees’ mutual benefit society;(société mutuelle)
“mutual insurance” means a contract of insurance, in which the consideration is not fixed or certain at the time the contract is made but is to be determined at the termination of the contract or at fixed periods during the term of the contract according to the experience of the insurer in respect of all similar contracts whether or not the maximum amount of such consideration is predetermined;(assurance mutuelle)
“mutual insurance corporation” means a corporation without share capital or with guarantee capital stock subject to repayment by the corporation, in respect to which the dividend rate is limited by its Act or instrument of incorporation, that is empowered to undertake mutual insurance exclusively;(compagnie d’assurance mutuelle)
“non-owner’s policy” means a motor vehicle liability policy insuring a person solely in respect of the use or operation by him or on his behalf of an automobile that is not owned by him;(police de conducteur)
“officer” includes any trustee, director, manager, treasurer, secretary or member of the board or committee of management of an insurer, or any person appointed by the insurer, to sue or be sued in its behalf;(dirigeant)
“owner’s policy” means a motor vehicle liability policy insuring a person in respect of the ownership, use or operation of an automobile owned by him and within the description or definition thereof in the policy and, if the contract so provides, in respect of the use or operation of any other automobile;(police de propriétaire)
“paid in” , when applied to the capital stock of an insurer or to any shares thereof, means the amount paid to the insurer on its shares not including the premium, if any, paid thereon, whether such shares are or are not fully paid;(versé)
“paid up” , when applied to the capital stock of an insurer or to any shares thereof, means capital stock or shares on which there remains no liability, actual or contingent, to the issuing insurer;(libéré)
“plate glass insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss of or damage to plate, sheet or window glass, whether in place or in transit;(assurance contre le bris des glaces)
“policy” means the instrument evidencing a contract;(police)
“premium” means the single or periodical payment to be made for the insurance, and includes dues and assessments;(prime)
“premium note” means an instrument given as consideration for insurance whereby the maker undertakes to pay such sum or sums as are legally demanded by the insurer, the aggregate of such sums not to exceed an amount specified in the instrument and includes any undertaking to pay such sums regardless of the form thereof and whether or not accompanied by a deposit of money or security;(billet de souscription)
“property” includes profits, earnings and other pecuniary interests, and expenditures for rents, interest, taxes and other outgoings and charges and in respect of inability to occupy the insured premises, but only to the extent of express provisions in the contract;(biens)
“property damage insurance” means insurance against loss of or damage to property that is not included in or incidental to some other class of insurance defined by or under this Act;(assurance contre les dommages matériels)
“provincial mutual company” means a mutual insurance corporation incorporated by or under an Act of the Legislature;(compagnie mutuelle provinciale)
“public liability insurance” means insurance against loss or damage to the person or property of others that is not included in or incidental to some other class of insurance defined by or under this Act;(assurance de la responsabilité civile)
“regulated activity” means any activity governed by this Act or the regulations;(activité réglementée)
“sick and funeral benefits” includes insurance against sickness, disability or death;(prestations de maladie et indemnités funéraires)
“sickness insurance” means insurance by which the insurer undertakes to pay insurance money in the event of sickness of the person or persons insured, but does not include disability insurance;(assurance-maladie)
“sprinkler leakage insurance” means insurance against loss of or damage to property through the breakage or leakage of sprinkler equipment or other fire protection system, or of pumps, water pipes or plumbing and its fixtures;(assurance contre le coulage des extincteurs automatiques)
“Superintendent” means the Superintendent of Insurance appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Financial and Consumer Services Commission or the Superintendent to act on the Superintendent’s behalf.(surintendant)
“theft insurance” means insurance against loss or damage through theft, wrongful conversion, burglary, house-breaking, robbery or forgery;(assurance contre le vol)
“Tribunal” means the Tribunal established under the Financial and Consumer Services Commission Act;(Tribunal)
“weather insurance” means insurance against loss or damage through windstorm, cyclone, tornado, rain, hail, flood or frost, but does not include hail insurance;(assurance contre les intempéries)
“workmen’s compensation insurance” means insurance of an employer against the cost of compensation prescribed by statute for bodily injury, disability or death of a workman through accident or disease arising out of or in the course of his employment.(assurance contre les accidents de travail)
1968, c.6, s.1; 1973, c.52, s.1; 1974, c.22 (Supp.), s.1; 1976, c.34, s.1; 1978, c.30, s.1; 1979, c.41, s.68; 1986, c.4, s.27; 1989, c.17, s.1; 2004, c.36, s.1; 2005, c.20, s.2; 2013, c.31, s.20; 2016, c.36, s.7
Definitions
1In this Act, except where inconsistent with the interpretation sections of any Part,
“accident insurance” means insurance by which the insurer undertakes, otherwise than incidentally to some other class of insurance defined by or under this Act, to pay insurance money in the event of accident to the person or persons insured, but does not include insurance by which the insurer undertakes to pay insurance money both in the event of death by accident and in the event of death from any other cause;(assurance-accident)
“accidental death insurance” means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay an additional amount of insurance money in the event of the death by accident of the person whose life is insured;(assurance en cas de décès accidentel)
“adjuster” means a person who, for compensation, not being a barrister or solicitor acting in the usual course of his profession or a trustee or an agent of the property insured, directly or indirectly solicits the right to negotiate the settlement of a loss under a contract of insurance on behalf of the insured or the insurer, or holds himself out as an adjuster of losses under such contracts;(expert ou expert en sinistres)
“agent” means a person who, for compensation, not being a duly licensed insurance broker or a person acting under the authority of subsections 352(15), (16), (17), (18), or (19), solicits, effects or negotiates insurance on behalf of any insurer whether named or not, or transmits, for a person other than himself, an application for or a policy of insurance to or from such insurer, or acts, offers or assumes to act in the negotiation of insurance or in negotiating its continuance or renewal;(agent)
“aircraft insurance” means insurance against loss of or damage to an aircraft and against liability for loss or damage to persons or property caused by an aircraft or by the operation thereof;(assurance-aéronefs)
“appeal” includes a judicial revision or review of a judgment, decision, order, direction, determination, finding or conviction, and a case stated or reserved;(appel)
“automobile” includes a trolley bus and a self-propelled vehicle, and the trailers, accessories and equipment of automobiles, but does not include railway rolling stock that runs on rails, watercraft or aircraft;(automobile)
“automobile insurance” means insurance,(assurance automobile)
(a) against liability arising out of,
(i) bodily injury to or the death of a person, or
(ii) loss of or damage to property,
caused by an automobile or the use or operation thereof, or
(b) against loss of or damage to an automobile and the loss of use thereof,
and includes insurance otherwise coming within the class of accident insurance where the accident is caused by an automobile or the use or operation thereof, whether liability exists or not, if the contract also includes insurance described in paragraph (a);
“Board” means the New Brunswick Insurance Board established under section 19.2;(Commission)
“boiler and machinery insurance” means insurance against loss or damage to property and against liability for loss or damage to persons or property through the explosion, collapse, rupture, or breakdown of, or accident to, boilers or machinery of any kind;(assurance des chaudières et machines)
“broker” means a person who, for compensation, not being a licensed agent or a person acting under the authority of subsections 352(15), (16), (17), (18) or (19), acts or aids in any manner in negotiating contracts of insurance or placing risks or effecting insurance, or in negotiating the continuance or renewal of such contracts for a person other than himself;(courtier)
“cash mutual insurance corporation” means a corporation without share capital, or with guarantee capital stock subject to repayment by the corporation, in respect of which the dividend rate is limited by its Act or instrument of incorporation, that is empowered to undertake insurance on both the cash plan and the mutual plan;(compagnie d’assurance mutuelle en comptant)
“chief agency” means the principal office or place of business in New Brunswick of any licensed insurer having its head office out of New Brunswick;(agence principale)
“contract” means a contract of insurance and includes a policy, certificate, interim receipt, renewal receipt, or writing evidencing the contract, whether sealed or not, and a binding oral agreement;(contrat)
“court” means The Court of Queen’s Bench of New Brunswick;(Cour)
“credit insurance” means insurance against loss to the insured through the insolvency or default of a person to whom credit is given in respect of goods, wares or merchandise;(assurance-crédit)
“damage appraiser” means a person who, for compensation or for promise or expectation of compensation, engages in the business of establishing the amount of loss resulting from any damage to the real or personal property of another person;(estimateur de dommages)
“disability insurance” means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease;(assurance-invalidité)
“employees mutual benefit society” means a society incorporated by the officer or officers and employees of a corporation for the purpose of providing support and pensions to such of the officers or employees as become incapacitated or as cease to be employed by the corporation or for the purpose of paying pensions, annuities or gratuities to or for dependents of such officers or employees or funeral benefits upon the death of such officers or employees;(société mutuelle d’employés)
“employers’ liability insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss to an employer through liability for accidental injury to or death of an employee arising out of or in the course of his employment, but does not include workmen’s compensation insurance;(assurance contre la responsabilité des employeurs)
“endowment insurance” means an undertaking to pay an ascertained or ascertainable sum at a fixed future date, if the person whose life is insured is then alive, or at his death, if he dies before such date;(assurance mixte)
“exchange” or “reciprocal or inter-insurance exchange” means a group of subscribers exchanging reciprocal contracts of indemnity or inter-insurance with each other through the same attorney;(bourse) ou (bourse d’assurance réciproque) ou (d’interassurance)
“Facility Association” means the Facility Association established as an unincorporated non-profit association of insurers under The Compulsory Automobile Insurance Act, chapter 87 of the Statutes of Ontario, 1979, and continued under the Compulsory Automobile Insurance Act, chapter 83 of the Revised Statutes of Ontario, 1980, and includes any successor to it;(Facility Association)
“Financial and Consumer Services Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act;(Commission des services financiers et des services aux consommateurs)
“fire insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss of or damage to property through fire, lightning or explosion due to ignition;(assurance-incendie)
“foreign jurisdiction” includes any jurisdiction other than New Brunswick;(territoire étranger)
“fraternal society” means a society, order, or association incorporated for the purpose of making with its members only and not for profit, contracts of life, accident, or sickness insurance in accordance with its constitution, by-laws, and rules and this Act; but does not include a mutual benefit society, a friendly society, an employees’ mutual benefit society, or a trade union benefit society;(société de secours mutuel)
“guarantee insurance” means the undertaking to perform an agreement or contract or to discharge a trust, duty or obligation upon default of the person liable for such performance or discharge or to pay money upon such default or in lieu of such performance or discharge or where there is loss or damage through such default, and includes insurance against loss or liability for loss due to the invalidity of the title to any property or of any instrument or to any defect in such title or instrument, but does not include credit insurance;(assurance de cautionnement)
“hail insurance” means insurance against loss of or damage to growing crops caused by hail;(assurance contre la grêle)
“head office” means the place where the chief executive officer of an insurer transacts its business;(siège sociale)
“industrial contract” means a contract of life insurance for an amount not exceeding two thousand dollars, exclusive of any benefit, surplus, profit, dividend or bonus also payable under the contract, and that provides for payment of premiums at fortnightly or shorter intervals, or, if the premiums are usually collected at the home of the insured, at monthly intervals;(contrat populaire)
“inland transportation insurance” means insurance, other than marine insurance, against loss of or damage to property,(assurance de transports terrestres)
(a) while in transit or during delay incidental to transit, or
(b) where, in the opinion of the Superintendent, the risk is substantially a transit risk;
“insurance” means the undertaking by one person to indemnify another person against loss or liability for loss in respect of a certain risk or peril to which the object of the insurance may be exposed, or to pay a sum of money or other thing of value upon the happening of a certain event;(assurance)
“insurance fund” , as applied to a fraternal society or as applied to any corporation not incorporated exclusively for the transaction of insurance, includes all money, securities for money and assets appropriated by the rules of the society or corporation to the payment of insurance liabilities or appropriated for the management of the insurance branch, department or division of the society, or otherwise legally available for insurance liabilities, but does not include funds of a trade union appropriated to or applicable for the voluntary assistance of wage earners unemployed or upon strike;(fonds d’assurance)
“insurance money” means the amount payable by an insurer under a contract, and includes all benefits, surplus, profits, dividends, bonuses, and annuities payable under the contract;(sommes assurées)
“insurance on the cash plan” means and includes any insurance that is not mutual insurance;(assurance au comptant)
“insurer” includes any corporation or any society or association incorporated or unincorporated, any fraternal society or any person or partnership, or any underwriter or group of underwriters, that undertakes or effects, or agrees or offers to undertake or effect, a contract of insurance;(assureur)
“life insurance” means insurance whereby an insurer undertakes to pay insurance money(assurance-vie)
(a) on death,
(b) on the happening of an event or contingency dependent on human life,
(c) at a fixed or determinable future time, or
(d) for a term dependent on human life,
and without restricting the generality of the foregoing, includes
(e) accidental death insurance but not accident insurance;
(f) disability insurance; and
(g) an undertaking, entered into by an insurer in the ordinary course of its business, to provide an annuity, or what would be an annuity except that the periodic payments may be unequal in amount;
“livestock insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss through death or sickness of or accident to an animal;(assurance contre la mortalité du bétail)
“lodge” includes a primary subordinate division, by whatever name known, of a fraternal society;(loge)
“marine insurance” means insurance against losses described in subsection 6(1) of the Marine Insurance Act (Canada);(assurance maritime)
“Minister” Repealed: 2013, c.31, s.20
“motor vehicle” has the same meaning as automobile;(véhicule à moteur)
“motor vehicle liability policy” means a policy or part of a policy evidencing a contract insuring,(police de responsabilité pour automobiles)
(a) the owner or driver of an automobile, or
(b) a person who is not the owner or driver thereof where the automobile is being used or operated by his employee or agent or any other person on his behalf,
against liability arising out of bodily injury to or the death of a person or loss or damage to property caused by an automobile or the use or operation thereof;
“mutual benefit society” means a mutual corporation formed for the purpose of providing sick and funeral benefits for its members where the amounts paid as sick benefits do not exceed thirty dollars per week and as funeral benefits two hundred and fifty dollars, or for these and any other purposes except life insurance, but does not include an employees’ mutual benefit society;(société mutuelle)
“mutual insurance” means a contract of insurance, in which the consideration is not fixed or certain at the time the contract is made but is to be determined at the termination of the contract or at fixed periods during the term of the contract according to the experience of the insurer in respect of all similar contracts whether or not the maximum amount of such consideration is predetermined;(assurance mutuelle)
“mutual insurance corporation” means a corporation without share capital or with guarantee capital stock subject to repayment by the corporation, in respect to which the dividend rate is limited by its Act or instrument of incorporation, that is empowered to undertake mutual insurance exclusively;(compagnie d’assurance mutuelle)
“non-owner’s policy” means a motor vehicle liability policy insuring a person solely in respect of the use or operation by him or on his behalf of an automobile that is not owned by him;(police de conducteur)
“officer” includes any trustee, director, manager, treasurer, secretary or member of the board or committee of management of an insurer, or any person appointed by the insurer, to sue or be sued in its behalf;(dirigeant)
“owner’s policy” means a motor vehicle liability policy insuring a person in respect of the ownership, use or operation of an automobile owned by him and within the description or definition thereof in the policy and, if the contract so provides, in respect of the use or operation of any other automobile;(police de propriétaire)
“paid in” , when applied to the capital stock of an insurer or to any shares thereof, means the amount paid to the insurer on its shares not including the premium, if any, paid thereon, whether such shares are or are not fully paid;(versé)
“paid up” , when applied to the capital stock of an insurer or to any shares thereof, means capital stock or shares on which there remains no liability, actual or contingent, to the issuing insurer;(libéré)
“plate glass insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss of or damage to plate, sheet or window glass, whether in place or in transit;(assurance contre le bris des glaces)
“policy” means the instrument evidencing a contract;(police)
“premium” means the single or periodical payment to be made for the insurance, and includes dues and assessments;(prime)
“premium note” means an instrument given as consideration for insurance whereby the maker undertakes to pay such sum or sums as are legally demanded by the insurer, the aggregate of such sums not to exceed an amount specified in the instrument and includes any undertaking to pay such sums regardless of the form thereof and whether or not accompanied by a deposit of money or security;(billet de souscription)
“property” includes profits, earnings and other pecuniary interests, and expenditures for rents, interest, taxes and other outgoings and charges and in respect of inability to occupy the insured premises, but only to the extent of express provisions in the contract;(biens)
“property damage insurance” means insurance against loss of or damage to property that is not included in or incidental to some other class of insurance defined by or under this Act;(assurance contre les dommages matériels)
“provincial mutual company” means a mutual insurance corporation incorporated by or under an Act of the Legislature;(compagnie mutuelle provinciale)
“public liability insurance” means insurance against loss or damage to the person or property of others that is not included in or incidental to some other class of insurance defined by or under this Act;(assurance de la responsabilité civile)
“sick and funeral benefits” includes insurance against sickness, disability or death;(prestations de maladie et indemnités funéraires)
“sickness insurance” means insurance by which the insurer undertakes to pay insurance money in the event of sickness of the person or persons insured, but does not include disability insurance;(assurance-maladie)
“sprinkler leakage insurance” means insurance against loss of or damage to property through the breakage or leakage of sprinkler equipment or other fire protection system, or of pumps, water pipes or plumbing and its fixtures;(assurance contre le coulage des extinteurs automatiques)
“Superintendent” means the Superintendent of Insurance appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Financial and Consumer Services Commission or the Superintendent to act on the Superintendent’s behalf.(surintendant)
“theft insurance” means insurance against loss or damage through theft, wrongful conversion, burglary, house-breaking, robbery or forgery;(assurance contre le vol)
“Tribunal” means the Tribunal established under the Financial and Consumer Services Commission Act;(Tribunal)
“weather insurance” means insurance against loss or damage through windstorm, cyclone, tornado, rain, hail, flood or frost, but does not include hail insurance;(assurance contre les intempéries)
“workmen’s compensation insurance” means insurance of an employer against the cost of compensation prescribed by statute for bodily injury, disability or death of a workman through accident or disease arising out of or in the course of his employment.(assurance contre les accidents de travail)
1968, c.6, s.1; 1973, c.52, s.1; 1974, c.22 (Supp.), s.1; 1976, c.34, s.1; 1978, c.30, s.1; 1979, c.41, s.68; 1986, c.4, s.27; 1989, c.17, s.1; 2004, c.36, s.1; 2005, c.20, s.2; 2013, c.31, s.20
Definitions
1In this Act, except where inconsistent with the interpretation sections of any Part,
“accident insurance” means insurance by which the insurer undertakes, otherwise than incidentally to some other class of insurance defined by or under this Act, to pay insurance money in the event of accident to the person or persons insured, but does not include insurance by which the insurer undertakes to pay insurance money both in the event of death by accident and in the event of death from any other cause;(assurance-accident)
“accidental death insurance” means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay an additional amount of insurance money in the event of the death by accident of the person whose life is insured;(assurance en cas de décès accidentel)
“adjuster” means a person who, for compensation, not being a barrister or solicitor acting in the usual course of his profession or a trustee or an agent of the property insured, directly or indirectly solicits the right to negotiate the settlement of a loss under a contract of insurance on behalf of the insured or the insurer, or holds himself out as an adjuster of losses under such contracts;(expert ou expert en sinistres)
“agent” means a person who, for compensation, not being a duly licensed insurance broker or a person acting under the authority of subsections 352(15), (16), (17), (18), or (19), solicits, effects or negotiates insurance on behalf of any insurer whether named or not, or transmits, for a person other than himself, an application for or a policy of insurance to or from such insurer, or acts, offers or assumes to act in the negotiation of insurance or in negotiating its continuance or renewal;(agent)
“aircraft insurance” means insurance against loss of or damage to an aircraft and against liability for loss or damage to persons or property caused by an aircraft or by the operation thereof;(assurance-aéronefs)
“appeal” includes a judicial revision or review of a judgment, decision, order, direction, determination, finding or conviction, and a case stated or reserved;(appel)
“automobile” includes a trolley bus and a self-propelled vehicle, and the trailers, accessories and equipment of automobiles, but does not include railway rolling stock that runs on rails, watercraft or aircraft;(automobile)
“automobile insurance” means insurance,(assurance automobile)
(a) against liability arising out of,
(i) bodily injury to or the death of a person, or
(ii) loss of or damage to property,
caused by an automobile or the use or operation thereof, or
(b) against loss of or damage to an automobile and the loss of use thereof,
and includes insurance otherwise coming within the class of accident insurance where the accident is caused by an automobile or the use or operation thereof, whether liability exists or not, if the contract also includes insurance described in paragraph (a);
“Board” means the New Brunswick Insurance Board established under section 19.2;(Commission)
“boiler and machinery insurance” means insurance against loss or damage to property and against liability for loss or damage to persons or property through the explosion, collapse, rupture, or breakdown of, or accident to, boilers or machinery of any kind;(assurance des chaudières et machines)
“broker” means a person who, for compensation, not being a licensed agent or a person acting under the authority of subsections 352(15), (16), (17), (18) or (19), acts or aids in any manner in negotiating contracts of insurance or placing risks or effecting insurance, or in negotiating the continuance or renewal of such contracts for a person other than himself;(courtier)
“cash mutual insurance corporation” means a corporation without share capital, or with guarantee capital stock subject to repayment by the corporation, in respect of which the dividend rate is limited by its Act or instrument of incorporation, that is empowered to undertake insurance on both the cash plan and the mutual plan;(compagnie d’assurance mutuelle en comptant)
“chief agency” means the principal office or place of business in New Brunswick of any licensed insurer having its head office out of New Brunswick;(agence principale)
“contract” means a contract of insurance and includes a policy, certificate, interim receipt, renewal receipt, or writing evidencing the contract, whether sealed or not, and a binding oral agreement;(contrat)
“court” means The Court of Queen’s Bench of New Brunswick;(Cour)
“credit insurance” means insurance against loss to the insured through the insolvency or default of a person to whom credit is given in respect of goods, wares or merchandise;(assurance-crédit)
“damage appraiser” means a person who, for compensation or for promise or expectation of compensation, engages in the business of establishing the amount of loss resulting from any damage to the real or personal property of another person;(estimateur de dommages)
“disability insurance” means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease;(assurance-invalidité)
“employees mutual benefit society” means a society incorporated by the officer or officers and employees of a corporation for the purpose of providing support and pensions to such of the officers or employees as become incapacitated or as cease to be employed by the corporation or for the purpose of paying pensions, annuities or gratuities to or for dependents of such officers or employees or funeral benefits upon the death of such officers or employees;(société mutuelle d’employés)
“employers’ liability insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss to an employer through liability for accidental injury to or death of an employee arising out of or in the course of his employment, but does not include workmen’s compensation insurance;(assurance contre la responsabilité des employeurs)
“endowment insurance” means an undertaking to pay an ascertained or ascertainable sum at a fixed future date, if the person whose life is insured is then alive, or at his death, if he dies before such date;(assurance mixte)
“exchange” or “reciprocal or inter-insurance exchange” means a group of subscribers exchanging reciprocal contracts of indemnity or inter-insurance with each other through the same attorney;(bourse) ou (bourse d’assurance réciproque) ou (d’interassurance)
“Facility Association” means the Facility Association established as an unincorporated non-profit association of insurers under The Compulsory Automobile Insurance Act, chapter 87 of the Statutes of Ontario, 1979, and continued under the Compulsory Automobile Insurance Act, chapter 83 of the Revised Statutes of Ontario, 1980, and includes any successor to it;(Facility Association)
“Financial and Consumer Services Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act;(Commission des services financiers et des services aux consommateurs)
“fire insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss of or damage to property through fire, lightning or explosion due to ignition;(assurance-incendie)
“foreign jurisdiction” includes any jurisdiction other than New Brunswick;(territoire étranger)
“fraternal society” means a society, order, or association incorporated for the purpose of making with its members only and not for profit, contracts of life, accident, or sickness insurance in accordance with its constitution, by-laws, and rules and this Act; but does not include a mutual benefit society, a friendly society, an employees’ mutual benefit society, or a trade union benefit society;(société de secours mutuel)
“guarantee insurance” means the undertaking to perform an agreement or contract or to discharge a trust, duty or obligation upon default of the person liable for such performance or discharge or to pay money upon such default or in lieu of such performance or discharge or where there is loss or damage through such default, and includes insurance against loss or liability for loss due to the invalidity of the title to any property or of any instrument or to any defect in such title or instrument, but does not include credit insurance;(assurance de cautionnement)
“hail insurance” means insurance against loss of or damage to growing crops caused by hail;(assurance contre la grêle)
“head office” means the place where the chief executive officer of an insurer transacts its business;(siège sociale)
“industrial contract” means a contract of life insurance for an amount not exceeding two thousand dollars, exclusive of any benefit, surplus, profit, dividend or bonus also payable under the contract, and that provides for payment of premiums at fortnightly or shorter intervals, or, if the premiums are usually collected at the home of the insured, at monthly intervals;(contrat populaire)
“inland transportation insurance” means insurance, other than marine insurance, against loss of or damage to property,(assurance de transports terrestres)
(a) while in transit or during delay incidental to transit, or
(b) where, in the opinion of the Superintendent, the risk is substantially a transit risk;
“insurance” means the undertaking by one person to indemnify another person against loss or liability for loss in respect of a certain risk or peril to which the object of the insurance may be exposed, or to pay a sum of money or other thing of value upon the happening of a certain event;(assurance)
“insurance fund” , as applied to a fraternal society or as applied to any corporation not incorporated exclusively for the transaction of insurance, includes all money, securities for money and assets appropriated by the rules of the society or corporation to the payment of insurance liabilities or appropriated for the management of the insurance branch, department or division of the society, or otherwise legally available for insurance liabilities, but does not include funds of a trade union appropriated to or applicable for the voluntary assistance of wage earners unemployed or upon strike;(fonds d’assurance)
“insurance money” means the amount payable by an insurer under a contract, and includes all benefits, surplus, profits, dividends, bonuses, and annuities payable under the contract;(sommes assurées)
“insurance on the cash plan” means and includes any insurance that is not mutual insurance;(assurance au comptant)
“insurer” includes any corporation or any society or association incorporated or unincorporated, any fraternal society or any person or partnership, or any underwriter or group of underwriters, that undertakes or effects, or agrees or offers to undertake or effect, a contract of insurance;(assureur)
“life insurance” means insurance whereby an insurer undertakes to pay insurance money(assurance-vie)
(a) on death,
(b) on the happening of an event or contingency dependent on human life,
(c) at a fixed or determinable future time, or
(d) for a term dependent on human life,
and without restricting the generality of the foregoing, includes
(e) accidental death insurance but not accident insurance;
(f) disability insurance; and
(g) an undertaking, entered into by an insurer in the ordinary course of its business, to provide an annuity, or what would be an annuity except that the periodic payments may be unequal in amount;
“livestock insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss through death or sickness of or accident to an animal;(assurance contre la mortalité du bétail)
“lodge” includes a primary subordinate division, by whatever name known, of a fraternal society;(loge)
“marine insurance” means insurance against losses described in subsection 6(1) of the Marine Insurance Act (Canada);(assurance maritime)
“Minister” Repealed: 2013, c.31, s.20
“motor vehicle” has the same meaning as automobile;(véhicule à moteur)
“motor vehicle liability policy” means a policy or part of a policy evidencing a contract insuring,(police de responsabilité pour automobiles)
(a) the owner or driver of an automobile, or
(b) a person who is not the owner or driver thereof where the automobile is being used or operated by his employee or agent or any other person on his behalf,
against liability arising out of bodily injury to or the death of a person or loss or damage to property caused by an automobile or the use or operation thereof;
“mutual benefit society” means a mutual corporation formed for the purpose of providing sick and funeral benefits for its members where the amounts paid as sick benefits do not exceed thirty dollars per week and as funeral benefits two hundred and fifty dollars, or for these and any other purposes except life insurance, but does not include an employees’ mutual benefit society;(société mutuelle)
“mutual insurance” means a contract of insurance, in which the consideration is not fixed or certain at the time the contract is made but is to be determined at the termination of the contract or at fixed periods during the term of the contract according to the experience of the insurer in respect of all similar contracts whether or not the maximum amount of such consideration is predetermined;(assurance mutuelle)
“mutual insurance corporation” means a corporation without share capital or with guarantee capital stock subject to repayment by the corporation, in respect to which the dividend rate is limited by its Act or instrument of incorporation, that is empowered to undertake mutual insurance exclusively;(compagnie d’assurance mutuelle)
“non-owner’s policy” means a motor vehicle liability policy insuring a person solely in respect of the use or operation by him or on his behalf of an automobile that is not owned by him;(police de conducteur)
“officer” includes any trustee, director, manager, treasurer, secretary or member of the board or committee of management of an insurer, or any person appointed by the insurer, to sue or be sued in its behalf;(dirigeant)
“owner’s policy” means a motor vehicle liability policy insuring a person in respect of the ownership, use or operation of an automobile owned by him and within the description or definition thereof in the policy and, if the contract so provides, in respect of the use or operation of any other automobile;(police de propriétaire)
“paid in” , when applied to the capital stock of an insurer or to any shares thereof, means the amount paid to the insurer on its shares not including the premium, if any, paid thereon, whether such shares are or are not fully paid;(versé)
“paid up” , when applied to the capital stock of an insurer or to any shares thereof, means capital stock or shares on which there remains no liability, actual or contingent, to the issuing insurer;(libéré)
“plate glass insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss of or damage to plate, sheet or window glass, whether in place or in transit;(assurance contre le bris des glaces)
“policy” means the instrument evidencing a contract;(police)
“premium” means the single or periodical payment to be made for the insurance, and includes dues and assessments;(prime)
“premium note” means an instrument given as consideration for insurance whereby the maker undertakes to pay such sum or sums as are legally demanded by the insurer, the aggregate of such sums not to exceed an amount specified in the instrument and includes any undertaking to pay such sums regardless of the form thereof and whether or not accompanied by a deposit of money or security;(billet de souscription)
“property” includes profits, earnings and other pecuniary interests, and expenditures for rents, interest, taxes and other outgoings and charges and in respect of inability to occupy the insured premises, but only to the extent of express provisions in the contract;(biens)
“property damage insurance” means insurance against loss of or damage to property that is not included in or incidental to some other class of insurance defined by or under this Act;(assurance contre les dommages matériels)
“provincial mutual company” means a mutual insurance corporation incorporated by or under an Act of the Legislature;(compagnie mutuelle provinciale)
“public liability insurance” means insurance against loss or damage to the person or property of others that is not included in or incidental to some other class of insurance defined by or under this Act;(assurance de la responsabilité civile)
“sick and funeral benefits” includes insurance against sickness, disability or death;(prestations de maladie et indemnités funéraires)
“sickness insurance” means insurance by which the insurer undertakes to pay insurance money in the event of sickness of the person or persons insured, but does not include disability insurance;(assurance-maladie)
“sprinkler leakage insurance” means insurance against loss of or damage to property through the breakage or leakage of sprinkler equipment or other fire protection system, or of pumps, water pipes or plumbing and its fixtures;(assurance contre le coulage des extinteurs automatiques)
“Superintendent” means the Superintendent of Insurance appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Financial and Consumer Services Commission or the Superintendent to act on the Superintendent’s behalf.(superintendant)
“theft insurance” means insurance against loss or damage through theft, wrongful conversion, burglary, house-breaking, robbery or forgery;(assurance contre le vol)
“Tribunal” means the Tribunal established under the Financial and Consumer Services Commission Act;(Tribunal)
“weather insurance” means insurance against loss or damage through windstorm, cyclone, tornado, rain, hail, flood or frost, but does not include hail insurance;(assurance contre les intempéries)
“workmen’s compensation insurance” means insurance of an employer against the cost of compensation prescribed by statute for bodily injury, disability or death of a workman through accident or disease arising out of or in the course of his employment.(assurance contre les accidents de travail)
1968, c.6, s.1; 1973, c.52, s.1; 1974, c.22 (Supp.), s.1; 1976, c.34, s.1; 1978, c.30, s.1; 1979, c.41, s.68; 1986, c.4, s.27; 1989, c.17, s.1; 2004, c.36, s.1; 2005, c.20, s.2; 2013, c.31, s.20
Definitions
1In this Act, except where inconsistent with the interpretation sections of any Part,
“accident insurance” means insurance by which the insurer undertakes, otherwise than incidentally to some other class of insurance defined by or under this Act, to pay insurance money in the event of accident to the person or persons insured, but does not include insurance by which the insurer undertakes to pay insurance money both in the event of death by accident and in the event of death from any other cause;(assurance-accident)
“accidental death insurance” means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay an additional amount of insurance money in the event of the death by accident of the person whose life is insured;(assurance en cas de décès accidentel)
“adjuster” means a person who, for compensation, not being a barrister or solicitor acting in the usual course of his profession or a trustee or an agent of the property insured, directly or indirectly solicits the right to negotiate the settlement of a loss under a contract of insurance on behalf of the insured or the insurer, or holds himself out as an adjuster of losses under such contracts;(expert ou expert en sinistres)
“agent” means a person who, for compensation, not being a duly licensed insurance broker or a person acting under the authority of subsections 352(15), (16), (17), (18), or (19), solicits, effects or negotiates insurance on behalf of any insurer whether named or not, or transmits, for a person other than himself, an application for or a policy of insurance to or from such insurer, or acts, offers or assumes to act in the negotiation of insurance or in negotiating its continuance or renewal;(agent)
“aircraft insurance” means insurance against loss of or damage to an aircraft and against liability for loss or damage to persons or property caused by an aircraft or by the operation thereof;(assurance-aéronefs)
“appeal” includes a judicial revision or review of a judgment, decision, order, direction, determination, finding or conviction, and a case stated or reserved;(appel)
“automobile” includes a trolley bus and a self-propelled vehicle, and the trailers, accessories and equipment of automobiles, but does not include railway rolling stock that runs on rails, watercraft or aircraft;(automobile)
“automobile insurance” means insurance,(assurance automobile)
(a) against liability arising out of,
(i) bodily injury to or the death of a person, or
(ii) loss of or damage to property,
caused by an automobile or the use or operation thereof, or
(b) against loss of or damage to an automobile and the loss of use thereof,
and includes insurance otherwise coming within the class of accident insurance where the accident is caused by an automobile or the use or operation thereof, whether liability exists or not, if the contract also includes insurance described in paragraph (a);
“Board” means the New Brunswick Insurance Board established under section 19.2;(Commission)
“boiler and machinery insurance” means insurance against loss or damage to property and against liability for loss or damage to persons or property through the explosion, collapse, rupture, or breakdown of, or accident to, boilers or machinery of any kind;(assurance des chaudières et machines)
“broker” means a person who, for compensation, not being a licensed agent or a person acting under the authority of subsections 352(15), (16), (17), (18) or (19), acts or aids in any manner in negotiating contracts of insurance or placing risks or effecting insurance, or in negotiating the continuance or renewal of such contracts for a person other than himself;(courtier)
“cash mutual insurance corporation” means a corporation without share capital, or with guarantee capital stock subject to repayment by the corporation, in respect of which the dividend rate is limited by its Act or instrument of incorporation, that is empowered to undertake insurance on both the cash plan and the mutual plan;(compagnie d’assurance mutuelle en comptant)
“chief agency” means the principal office or place of business in New Brunswick of any licensed insurer having its head office out of New Brunswick;(agence principale)
“contract” means a contract of insurance and includes a policy, certificate, interim receipt, renewal receipt, or writing evidencing the contract, whether sealed or not, and a binding oral agreement;(contrat)
“court” means The Court of Queen’s Bench of New Brunswick;(Cour)
“credit insurance” means insurance against loss to the insured through the insolvency or default of a person to whom credit is given in respect of goods, wares or merchandise;(assurance-crédit)
“damage appraiser” means a person who, for compensation or for promise or expectation of compensation, engages in the business of establishing the amount of loss resulting from any damage to the real or personal property of another person;(estimateur de dommages)
“disability insurance” means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease;(assurance-invalidité)
“employees mutual benefit society” means a society incorporated by the officer or officers and employees of a corporation for the purpose of providing support and pensions to such of the officers or employees as become incapacitated or as cease to be employed by the corporation or for the purpose of paying pensions, annuities or gratuities to or for dependents of such officers or employees or funeral benefits upon the death of such officers or employees;(société mutuelle d’employés)
“employers’ liability insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss to an employer through liability for accidental injury to or death of an employee arising out of or in the course of his employment, but does not include workmen’s compensation insurance;(assurance contre la responsabilité des employeurs)
“endowment insurance” means an undertaking to pay an ascertained or ascertainable sum at a fixed future date, if the person whose life is insured is then alive, or at his death, if he dies before such date;(assurance mixte)
“exchange” or “reciprocal or inter-insurance exchange” means a group of subscribers exchanging reciprocal contracts of indemnity or inter-insurance with each other through the same attorney;(bourse) ou (bourse d’assurance réciproque) ou (d’interassurance)
“Facility Association” means the Facility Association established as an unincorporated non-profit association of insurers under The Compulsory Automobile Insurance Act, chapter 87 of the Statutes of Ontario, 1979, and continued under the Compulsory Automobile Insurance Act, chapter 83 of the Revised Statutes of Ontario, 1980, and includes any successor to it;(Facility Association)
“Financial and Consumer Services Commission” means the Financial and Consumer Services Commission continued under the Financial and Consumer Services Commission Act;(Commission des services financiers et des services aux consommateurs)
“fire insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss of or damage to property through fire, lightning or explosion due to ignition;(assurance-incendie)
“foreign jurisdiction” includes any jurisdiction other than New Brunswick;(territoire étranger)
“fraternal society” means a society, order, or association incorporated for the purpose of making with its members only and not for profit, contracts of life, accident, or sickness insurance in accordance with its constitution, by-laws, and rules and this Act; but does not include a mutual benefit society, a friendly society, an employees’ mutual benefit society, or a trade union benefit society;(société de secours mutuel)
“guarantee insurance” means the undertaking to perform an agreement or contract or to discharge a trust, duty or obligation upon default of the person liable for such performance or discharge or to pay money upon such default or in lieu of such performance or discharge or where there is loss or damage through such default, and includes insurance against loss or liability for loss due to the invalidity of the title to any property or of any instrument or to any defect in such title or instrument, but does not include credit insurance;(assurance de cautionnement)
“hail insurance” means insurance against loss of or damage to growing crops caused by hail;(assurance contre la grêle)
“head office” means the place where the chief executive officer of an insurer transacts its business;(siège sociale)
“industrial contract” means a contract of life insurance for an amount not exceeding two thousand dollars, exclusive of any benefit, surplus, profit, dividend or bonus also payable under the contract, and that provides for payment of premiums at fortnightly or shorter intervals, or, if the premiums are usually collected at the home of the insured, at monthly intervals;(contrat populaire)
“inland transportation insurance” means insurance, other than marine insurance, against loss of or damage to property,(assurance de transports terrestres)
(a) while in transit or during delay incidental to transit, or
(b) where, in the opinion of the Superintendent, the risk is substantially a transit risk;
“insurance” means the undertaking by one person to indemnify another person against loss or liability for loss in respect of a certain risk or peril to which the object of the insurance may be exposed, or to pay a sum of money or other thing of value upon the happening of a certain event;(assurance)
“insurance fund” , as applied to a fraternal society or as applied to any corporation not incorporated exclusively for the transaction of insurance, includes all money, securities for money and assets appropriated by the rules of the society or corporation to the payment of insurance liabilities or appropriated for the management of the insurance branch, department or division of the society, or otherwise legally available for insurance liabilities, but does not include funds of a trade union appropriated to or applicable for the voluntary assistance of wage earners unemployed or upon strike;(fonds d’assurance)
“insurance money” means the amount payable by an insurer under a contract, and includes all benefits, surplus, profits, dividends, bonuses, and annuities payable under the contract;(sommes assurées)
“insurance on the cash plan” means and includes any insurance that is not mutual insurance;(assurance au comptant)
“insurer” includes any corporation or any society or association incorporated or unincorporated, any fraternal society or any person or partnership, or any underwriter or group of underwriters, that undertakes or effects, or agrees or offers to undertake or effect, a contract of insurance;(assureur)
“life insurance” means insurance whereby an insurer undertakes to pay insurance money(assurance-vie)
(a) on death,
(b) on the happening of an event or contingency dependent on human life,
(c) at a fixed or determinable future time, or
(d) for a term dependent on human life,
and without restricting the generality of the foregoing, includes
(e) accidental death insurance but not accident insurance;
(f) disability insurance; and
(g) an undertaking, entered into by an insurer in the ordinary course of its business, to provide an annuity, or what would be an annuity except that the periodic payments may be unequal in amount;
“livestock insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss through death or sickness of or accident to an animal;(assurance contre la mortalité du bétail)
“lodge” includes a primary subordinate division, by whatever name known, of a fraternal society;(loge)
“marine insurance” means insurance against losses described in subsection 6(1) of the Marine Insurance Act (Canada);(assurance maritime)
“Minister” Repealed: 2013, c.31, s.20
“motor vehicle” has the same meaning as automobile;(véhicule à moteur)
“motor vehicle liability policy” means a policy or part of a policy evidencing a contract insuring,(police de responsabilité pour automobiles)
(a) the owner or driver of an automobile, or
(b) a person who is not the owner or driver thereof where the automobile is being used or operated by his employee or agent or any other person on his behalf,
against liability arising out of bodily injury to or the death of a person or loss or damage to property caused by an automobile or the use or operation thereof;
“mutual benefit society” means a mutual corporation formed for the purpose of providing sick and funeral benefits for its members where the amounts paid as sick benefits do not exceed thirty dollars per week and as funeral benefits two hundred and fifty dollars, or for these and any other purposes except life insurance, but does not include an employees’ mutual benefit society;(société mutuelle)
“mutual insurance” means a contract of insurance, in which the consideration is not fixed or certain at the time the contract is made but is to be determined at the termination of the contract or at fixed periods during the term of the contract according to the experience of the insurer in respect of all similar contracts whether or not the maximum amount of such consideration is predetermined;(assurance mutuelle)
“mutual insurance corporation” means a corporation without share capital or with guarantee capital stock subject to repayment by the corporation, in respect to which the dividend rate is limited by its Act or instrument of incorporation, that is empowered to undertake mutual insurance exclusively;(compagnie d’assurance mutuelle)
“non-owner’s policy” means a motor vehicle liability policy insuring a person solely in respect of the use or operation by him or on his behalf of an automobile that is not owned by him;(police de conducteur)
“officer” includes any trustee, director, manager, treasurer, secretary or member of the board or committee of management of an insurer, or any person appointed by the insurer, to sue or be sued in its behalf;(dirigeant)
“owner’s policy” means a motor vehicle liability policy insuring a person in respect of the ownership, use or operation of an automobile owned by him and within the description or definition thereof in the policy and, if the contract so provides, in respect of the use or operation of any other automobile;(police de propriétaire)
“paid in” , when applied to the capital stock of an insurer or to any shares thereof, means the amount paid to the insurer on its shares not including the premium, if any, paid thereon, whether such shares are or are not fully paid;(versé)
“paid up” , when applied to the capital stock of an insurer or to any shares thereof, means capital stock or shares on which there remains no liability, actual or contingent, to the issuing insurer;(libéré)
“plate glass insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss of or damage to plate, sheet or window glass, whether in place or in transit;(assurance contre le bris des glaces)
“policy” means the instrument evidencing a contract;(police)
“premium” means the single or periodical payment to be made for the insurance, and includes dues and assessments;(prime)
“premium note” means an instrument given as consideration for insurance whereby the maker undertakes to pay such sum or sums as are legally demanded by the insurer, the aggregate of such sums not to exceed an amount specified in the instrument and includes any undertaking to pay such sums regardless of the form thereof and whether or not accompanied by a deposit of money or security;(billet de souscription)
“property” includes profits, earnings and other pecuniary interests, and expenditures for rents, interest, taxes and other outgoings and charges and in respect of inability to occupy the insured premises, but only to the extent of express provisions in the contract;(biens)
“property damage insurance” means insurance against loss of or damage to property that is not included in or incidental to some other class of insurance defined by or under this Act;(assurance contre les dommages matériels)
“provincial mutual company” means a mutual insurance corporation incorporated by or under an Act of the Legislature;(compagnie mutuelle provinciale)
“public liability insurance” means insurance against loss or damage to the person or property of others that is not included in or incidental to some other class of insurance defined by or under this Act;(assurance de la responsabilité civile)
“sick and funeral benefits” includes insurance against sickness, disability or death;(prestations de maladie et indemnités funéraires)
“sickness insurance” means insurance by which the insurer undertakes to pay insurance money in the event of sickness of the person or persons insured, but does not include disability insurance;(assurance-maladie)
“sprinkler leakage insurance” means insurance against loss of or damage to property through the breakage or leakage of sprinkler equipment or other fire protection system, or of pumps, water pipes or plumbing and its fixtures;(assurance contre le coulage des extinteurs automatiques)
“Superintendent” means the Superintendent of Insurance appointed under the Financial and Consumer Services Commission Act and includes any person designated by the Financial and Consumer Services Commission or the Superintendent to act on the Superintendent’s behalf.(superintendant)
“theft insurance” means insurance against loss or damage through theft, wrongful conversion, burglary, house-breaking, robbery or forgery;(assurance contre le vol)
“Tribunal” means the Tribunal established under the Financial and Consumer Services Commission Act;(Tribunal)
“weather insurance” means insurance against loss or damage through windstorm, cyclone, tornado, rain, hail, flood or frost, but does not include hail insurance;(assurance contre les intempéries)
“workmen’s compensation insurance” means insurance of an employer against the cost of compensation prescribed by statute for bodily injury, disability or death of a workman through accident or disease arising out of or in the course of his employment.(assurance contre les accidents de travail)
1968, c.6, s.1; 1973, c.52, s.1; 1974, c.22(Supp.), s.1; 1976, c.34, s.1; 1978, c.30, s.1; 1979, c.41, s.68; 1986, c.4, s.27; 1989, c.17, s.1; 2004, c.36, s.1; 2005, c.20, s.2; 2013, c.31, s.20
Definitions
1In this Act, except where inconsistent with the interpretation sections of any Part,
“accident insurance” means insurance by which the insurer undertakes, otherwise than incidentally to some other class of insurance defined by or under this Act, to pay insurance money in the event of accident to the person or persons insured, but does not include insurance by which the insurer undertakes to pay insurance money both in the event of death by accident and in the event of death from any other cause;(assurance-accident)
“accidental death insurance” means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay an additional amount of insurance money in the event of the death by accident of the person whose life is insured;(assurance en cas de décès accidentel)
“adjuster” means a person who, for compensation, not being a barrister or solicitor acting in the usual course of his profession or a trustee or an agent of the property insured, directly or indirectly solicits the right to negotiate the settlement of a loss under a contract of insurance on behalf of the insured or the insurer, or holds himself out as an adjuster of losses under such contracts;(expert ou expert en sinistres)
“agent” means a person who, for compensation, not being a duly licensed insurance broker or a person acting under the authority of subsections 352(15), (16), (17), (18), or (19), solicits, effects or negotiates insurance on behalf of any insurer whether named or not, or transmits, for a person other than himself, an application for or a policy of insurance to or from such insurer, or acts, offers or assumes to act in the negotiation of insurance or in negotiating its continuance or renewal;(agent)
“aircraft insurance” means insurance against loss of or damage to an aircraft and against liability for loss or damage to persons or property caused by an aircraft or by the operation thereof;(assurance-aéronefs)
“appeal” includes a judicial revision or review of a judgment, decision, order, direction, determination, finding or conviction, and a case stated or reserved;(appel)
“automobile” includes a trolley bus and a self-propelled vehicle, and the trailers, accessories and equipment of automobiles, but does not include railway rolling stock that runs on rails, watercraft or aircraft;(automobile)
“automobile insurance” means insurance,(assurance automobile)
(a) against liability arising out of,
(i) bodily injury to or the death of a person, or
(ii) loss of or damage to property,
caused by an automobile or the use or operation thereof, or
(b) against loss of or damage to an automobile and the loss of use thereof,
and includes insurance otherwise coming within the class of accident insurance where the accident is caused by an automobile or the use or operation thereof, whether liability exists or not, if the contract also includes insurance described in paragraph (a);
“Board” means the New Brunswick Insurance Board established under section 19.2;(Commission)
“boiler and machinery insurance” means insurance against loss or damage to property and against liability for loss or damage to persons or property through the explosion, collapse, rupture, or breakdown of, or accident to, boilers or machinery of any kind;(assurance des chaudières et machines)
“broker” means a person who, for compensation, not being a licensed agent or a person acting under the authority of subsections 352(15), (16), (17), (18) or (19), acts or aids in any manner in negotiating contracts of insurance or placing risks or effecting insurance, or in negotiating the continuance or renewal of such contracts for a person other than himself;(courtier)
“cash mutual insurance corporation” means a corporation without share capital, or with guarantee capital stock subject to repayment by the corporation, in respect of which the dividend rate is limited by its Act or instrument of incorporation, that is empowered to undertake insurance on both the cash plan and the mutual plan;(compagnie d’assurance mutuelle en comptant)
“chief agency” means the principal office or place of business in New Brunswick of any licensed insurer having its head office out of New Brunswick;(agence principale)
“contract” means a contract of insurance and includes a policy, certificate, interim receipt, renewal receipt, or writing evidencing the contract, whether sealed or not, and a binding oral agreement;(contrat)
“court” means The Court of Queen’s Bench of New Brunswick;(Cour)
“credit insurance” means insurance against loss to the insured through the insolvency or default of a person to whom credit is given in respect of goods, wares or merchandise;(assurance-crédit)
“damage appraiser” means a person who, for compensation or for promise or expectation of compensation, engages in the business of establishing the amount of loss resulting from any damage to the real or personal property of another person;(estimateur de dommages)
“disability insurance” means insurance undertaken by an insurer as part of a contract of life insurance whereby the insurer undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease;(assurance-invalidité)
“employees mutual benefit society” means a society incorporated by the officer or officers and employees of a corporation for the purpose of providing support and pensions to such of the officers or employees as become incapacitated or as cease to be employed by the corporation or for the purpose of paying pensions, annuities or gratuities to or for dependents of such officers or employees or funeral benefits upon the death of such officers or employees;(société mutuelle d’employés)
“employers’ liability insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss to an employer through liability for accidental injury to or death of an employee arising out of or in the course of his employment, but does not include workmen’s compensation insurance;(assurance contre la responsabilité des employeurs)
“endowment insurance” means an undertaking to pay an ascertained or ascertainable sum at a fixed future date, if the person whose life is insured is then alive, or at his death, if he dies before such date;(assurance mixte)
“exchange” or “reciprocal or inter-insurance exchange” means a group of subscribers exchanging reciprocal contracts of indemnity or inter-insurance with each other through the same attorney;(bourse) ou (bourse d’assurance réciproque) ou (d’interassurance)
“Facility Association” means the Facility Association established as an unincorporated non-profit association of insurers under The Compulsory Automobile Insurance Act, chapter 87 of the Statutes of Ontario, 1979, and continued under the Compulsory Automobile Insurance Act, chapter 83 of the Revised Statutes of Ontario, 1980, and includes any successor to it;(Facility Association)
“fire insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss of or damage to property through fire, lightning or explosion due to ignition;(assurance-incendie)
“foreign jurisdiction” includes any jurisdiction other than New Brunswick;(territoire étranger)
“fraternal society” means a society, order, or association incorporated for the purpose of making with its members only and not for profit, contracts of life, accident, or sickness insurance in accordance with its constitution, by-laws, and rules and this Act; but does not include a mutual benefit society, a friendly society, an employees’ mutual benefit society, or a trade union benefit society;(société de secours mutuel)
“guarantee insurance” means the undertaking to perform an agreement or contract or to discharge a trust, duty or obligation upon default of the person liable for such performance or discharge or to pay money upon such default or in lieu of such performance or discharge or where there is loss or damage through such default, and includes insurance against loss or liability for loss due to the invalidity of the title to any property or of any instrument or to any defect in such title or instrument, but does not include credit insurance;(assurance de cautionnement)
“hail insurance” means insurance against loss of or damage to growing crops caused by hail;(assurance contre la grêle)
“head office” means the place where the chief executive officer of an insurer transacts its business;(siège sociale)
“industrial contract” means a contract of life insurance for an amount not exceeding two thousand dollars, exclusive of any benefit, surplus, profit, dividend or bonus also payable under the contract, and that provides for payment of premiums at fortnightly or shorter intervals, or, if the premiums are usually collected at the home of the insured, at monthly intervals;(contrat populaire)
“inland transportation insurance” means insurance, other than marine insurance, against loss of or damage to property,(assurance de transports terrestres)
(a) while in transit or during delay incidental to transit, or
(b) where, in the opinion of the Superintendent, the risk is substantially a transit risk;
“insurance” means the undertaking by one person to indemnify another person against loss or liability for loss in respect of a certain risk or peril to which the object of the insurance may be exposed, or to pay a sum of money or other thing of value upon the happening of a certain event;(assurance)
“insurance fund” , as applied to a fraternal society or as applied to any corporation not incorporated exclusively for the transaction of insurance, includes all money, securities for money and assets appropriated by the rules of the society or corporation to the payment of insurance liabilities or appropriated for the management of the insurance branch, department or division of the society, or otherwise legally available for insurance liabilities, but does not include funds of a trade union appropriated to or applicable for the voluntary assistance of wage earners unemployed or upon strike;(fonds d’assurance)
“insurance money” means the amount payable by an insurer under a contract, and includes all benefits, surplus, profits, dividends, bonuses, and annuities payable under the contract;(sommes assurées)
“insurance on the cash plan” means and includes any insurance that is not mutual insurance;(assurance au comptant)
“insurer” includes any corporation or any society or association incorporated or unincorporated, any fraternal society or any person or partnership, or any underwriter or group of underwriters, that undertakes or effects, or agrees or offers to undertake or effect, a contract of insurance;(assureur)
“life insurance” means insurance whereby an insurer undertakes to pay insurance money(assurance-vie)
(a) on death,
(b) on the happening of an event or contingency dependent on human life,
(c) at a fixed or determinable future time, or
(d) for a term dependent on human life,
and without restricting the generality of the foregoing, includes
(e) accidental death insurance but not accident insurance;
(f) disability insurance; and
(g) an undertaking, entered into by an insurer in the ordinary course of its business, to provide an annuity, or what would be an annuity except that the periodic payments may be unequal in amount;
“livestock insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss through death or sickness of or accident to an animal;(assurance contre la mortalité du bétail)
“lodge” includes a primary subordinate division, by whatever name known, of a fraternal society;(loge)
“marine insurance” means insurance against losses described in subsection 6(1) of the Marine Insurance Act (Canada);(assurance maritime)
“Minister” means the Minister responsible for the administration of this Act; (Ministre)
“motor vehicle” has the same meaning as automobile;(véhicule à moteur)
“motor vehicle liability policy” means a policy or part of a policy evidencing a contract insuring,(police de responsabilité pour automobiles)
(a) the owner or driver of an automobile, or
(b) a person who is not the owner or driver thereof where the automobile is being used or operated by his employee or agent or any other person on his behalf,
against liability arising out of bodily injury to or the death of a person or loss or damage to property caused by an automobile or the use or operation thereof;
“mutual benefit society” means a mutual corporation formed for the purpose of providing sick and funeral benefits for its members where the amounts paid as sick benefits do not exceed thirty dollars per week and as funeral benefits two hundred and fifty dollars, or for these and any other purposes except life insurance, but does not include an employees’ mutual benefit society;(société mutuelle)
“mutual insurance” means a contract of insurance, in which the consideration is not fixed or certain at the time the contract is made but is to be determined at the termination of the contract or at fixed periods during the term of the contract according to the experience of the insurer in respect of all similar contracts whether or not the maximum amount of such consideration is predetermined;(assurance mutuelle)
“mutual insurance corporation” means a corporation without share capital or with guarantee capital stock subject to repayment by the corporation, in respect to which the dividend rate is limited by its Act or instrument of incorporation, that is empowered to undertake mutual insurance exclusively;(compagnie d’assurance mutuelle)
“non-owner’s policy” means a motor vehicle liability policy insuring a person solely in respect of the use or operation by him or on his behalf of an automobile that is not owned by him;(police de conducteur)
“officer” includes any trustee, director, manager, treasurer, secretary or member of the Board or committee of management of an insurer, or any person appointed by the insurer, to sue or be sued in its behalf;(dirigeant)
“owner’s policy” means a motor vehicle liability policy insuring a person in respect of the ownership, use or operation of an automobile owned by him and within the description or definition thereof in the policy and, if the contract so provides, in respect of the use or operation of any other automobile;(police de propriétaire)
“paid in” , when applied to the capital stock of an insurer or to any shares thereof, means the amount paid to the insurer on its shares not including the premium, if any, paid thereon, whether such shares are or are not fully paid;(versé)
“paid up” , when applied to the capital stock of an insurer or to any shares thereof, means capital stock or shares on which there remains no liability, actual or contingent, to the issuing insurer;(libéré)
“plate glass insurance” means insurance, not being insurance incidental to some other class of insurance defined by or under this Act, against loss of or damage to plate, sheet or window glass, whether in place or in transit;(assurance contre le bris des glaces)
“policy” means the instrument evidencing a contract;(police)
“premium” means the single or periodical payment to be made for the insurance, and includes dues and assessments;(prime)
“premium note” means an instrument given as consideration for insurance whereby the maker undertakes to pay such sum or sums as are legally demanded by the insurer, the aggregate of such sums not to exceed an amount specified in the instrument and includes any undertaking to pay such sums regardless of the form thereof and whether or not accompanied by a deposit of money or security;(billet de souscription)
“property” includes profits, earnings and other pecuniary interests, and expenditures for rents, interest, taxes and other outgoings and charges and in respect of inability to occupy the insured premises, but only to the extent of express provisions in the contract;(biens)
“property damage insurance” means insurance against loss of or damage to property that is not included in or incidental to some other class of insurance defined by or under this Act;(assurance contre les dommages matériels)
“provincial mutual company” means a mutual insurance corporation incorporated by or under an Act of the Legislature;(compagnie mutuelle provinciale)
“public liability insurance” means insurance against loss or damage to the person or property of others that is not included in or incidental to some other class of insurance defined by or under this Act;(assurance de la responsabilité civile)
“sick and funeral benefits” includes insurance against sickness, disability or death;(prestations de maladie et indemnités funéraires)
“sickness insurance” means insurance by which the insurer undertakes to pay insurance money in the event of sickness of the person or persons insured, but does not include disability insurance;(assurance-maladie)
“sprinkler leakage insurance” means insurance against loss of or damage to property through the breakage or leakage of sprinkler equipment or other fire protection system, or of pumps, water pipes or plumbing and its fixtures;(assurance contre le coulage des extinteurs automatiques)
“Superintendent” means the Superintendent of Insurance and includes a Deputy Superintendent of Insurance who is acting as Superintendent;(surintendant)
“theft insurance” means insurance against loss or damage through theft, wrongful conversion, burglary, house-breaking, robbery or forgery;(assurance contre le vol)
“weather insurance” means insurance against loss or damage through windstorm, cyclone, tornado, rain, hail, flood or frost, but does not include hail insurance;(assurance contre les intempéries)
“workmen’s compensation insurance” means insurance of an employer against the cost of compensation prescribed by statute for bodily injury, disability or death of a workman through accident or disease arising out of or in the course of his employment.(assurance contre les accidents de travail)
1968, c.6, s.1; 1973, c.52, s.1; 1974, c.22(Supp.), s.1; 1976, c.34, s.1; 1978, c.30, s.1; 1979, c.41, s.68; 1986, c.4, s.27; 1989, c.17, s.1; 2004, c.36, s.1; 2005, c.20, s.2