Acts and Regulations

I-12 - Insurance Act

Section 121.9
Disposition versions

Full text
Continuation of obligations of Facility Association
121.9(1)The Facility Association shall not cease to carry out any of its obligations in the Province with respect to the Plan of Operation referred to in paragraphs 121(2)(a) and (b) unless it gives to the Superintendent at least six months notice of its intention to do so.
121.9(2)A notice given under subsection (1) does not, within the time specified in the notice, relieve the Facility Association of any of its obligations in the Province with respect to the Plan of Operation referred to in paragraphs 121(2)(a) and (b) and the Facility Association shall be liable to continue, after the expiry of the time specified in the notice, to carry out any of its obligations with respect to any matter that arose but was not concluded before the expiry of the time specified in the notice.
121.9(3)Any obligations of the Facility Association under this Act that are not carried out by the Facility Association in accordance with this Act and any liability of the Facility Association arising out of those obligations shall be deemed to have been assumed by the insurers licensed under this Act for automobile insurance and the insurers shall be jointly and severally liable for any damages arising out of those obligations in respect of which the Facility Association is, or would be, liable under this Act.
121.9(4)Notwithstanding any other provision of this Act, if the Facility Association, as continued under the Compulsory Automobile Insurance Act, chapter 83 of the Revised Statutes of Ontario, 1980, is dissolved or discontinued or for any other reason ceases to exist in Ontario, it shall be deemed to have been continued in the Province, as it existed immediately before it was discontinued or dissolved or for any other reason it ceased to exist in Ontario, for the purposes of carrying out its obligations in the Province with respect to the Plan of Operation referred to in paragraphs 121(2)(a) and (b).
121.9(5)Where the Facility Association is deemed to have been continued in the Province under subsection (4), it shall, for the purposes of carrying out its obligations in the Province with respect to the Plan of Operation referred to in paragraphs 121(2)(a) and (b),
(a) consist of all insurers licensed under this Act for automobile insurance, together with those officers and directors who held office with the Facility Association immediately before it was so continued,
(b) operate in the Province under the articles of association and by-laws in effect immediately before the Association was so continued,
(c) have all the rights, powers, liabilities and obligations that were vested in it under the Compulsory Automobile Insurance Act, chapter 83 of the Revised Statutes of Ontario, 1980, and the articles of association and by-laws in effect immediately before it was so continued, and
(d) be deemed to be a successor to the Facility Association for the purposes of the definition “Facility Association”.
1989, c.17, s.3
Continuation of obligations of Facility Association
121.9(1)The Facility Association shall not cease to carry out any of its obligations in the Province with respect to the Plan of Operation referred to in paragraphs 121(2)(a) and (b) unless it gives to the Superintendent at least six months notice of its intention to do so.
121.9(2)A notice given under subsection (1) does not, within the time specified in the notice, relieve the Facility Association of any of its obligations in the Province with respect to the Plan of Operation referred to in paragraphs 121(2)(a) and (b) and the Facility Association shall be liable to continue, after the expiry of the time specified in the notice, to carry out any of its obligations with respect to any matter that arose but was not concluded before the expiry of the time specified in the notice.
121.9(3)Any obligations of the Facility Association under this Act that are not carried out by the Facility Association in accordance with this Act and any liability of the Facility Association arising out of those obligations shall be deemed to have been assumed by the insurers licensed under this Act for automobile insurance and the insurers shall be jointly and severally liable for any damages arising out of those obligations in respect of which the Facility Association is, or would be, liable under this Act.
121.9(4)Notwithstanding any other provision of this Act, if the Facility Association, as continued under the Compulsory Automobile Insurance Act, chapter 83 of the Revised Statutes of Ontario, 1980, is dissolved or discontinued or for any other reason ceases to exist in Ontario, it shall be deemed to have been continued in the Province, as it existed immediately before it was discontinued or dissolved or for any other reason it ceased to exist in Ontario, for the purposes of carrying out its obligations in the Province with respect to the Plan of Operation referred to in paragraphs 121(2)(a) and (b).
121.9(5)Where the Facility Association is deemed to have been continued in the Province under subsection (4), it shall, for the purposes of carrying out its obligations in the Province with respect to the Plan of Operation referred to in paragraphs 121(2)(a) and (b),
(a) consist of all insurers licensed under this Act for automobile insurance, together with those officers and directors who held office with the Facility Association immediately before it was so continued,
(b) operate in the Province under the articles of association and by-laws in effect immediately before the Association was so continued,
(c) have all the rights, powers, liabilities and obligations that were vested in it under the Compulsory Automobile Insurance Act, chapter 83 of the Revised Statutes of Ontario, 1980, and the articles of association and by-laws in effect immediately before it was so continued, and
(d) be deemed to be a successor to the Facility Association for the purposes of the definition “Facility Association”.
1989, c.17, s.3