Acts and Regulations

I-12 - Insurance Act

Section 226
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Approval of forms
226(1)No insurer shall use a form of application, policy, endorsement or renewal or continuation certificate in respect of automobile insurance other than a form approved by the Superintendent.
226(2)An insurer may require additional information in an approved application form, but such additional information does not constitute part of the application for the purposes of section 229.
226(3)Where, in the opinion of the Superintendent, any provision of this Part, including any statutory condition, is wholly or partly inappropriate to the requirements of a contract or is inapplicable by reason of the requirements of any Act, he may approve a form of policy, or part thereof, or endorsement evidencing a contract sufficient or appropriate to insure the risks required or proposed to be insured, and the contract evidenced by the policy or endorsement in the form so approved is effective and binding according to its terms notwithstanding that those terms are inconsistent with, vary, omit or add to any provision or condition of this Part.
226(4)Except as to matters mentioned in section 237, the Superintendent may, if he considers it to be in the public interest, approve a form of motor vehicle liability policy or endorsement thereto that extends the insurance beyond that prescribed in this Part.
226(5)The Superintendent, in granting an approval under subsection (4), may require the insurer to charge an additional premium for the extension and to state that fact in the policy or in any endorsement.
226(6)The Superintendent may approve a form of owner’s policy containing insuring agreements and provisions in conformity with this Part for use by insurers in general, and that, for the purposes of section 228 shall be the “standard owner’s policy”.
226(6.1)The Superintendent may amend the form of owner’s policy approved under subsection (6).
226(6.2)Repealed: 2008, c.2, s.6
226(6.3)Repealed: 2008, c.2, s.6
226(7)Where the Superintendent approves or amends the form referred to in subsection (6), the Superintendent shall cause a copy of the form or the amendment to be published in The Royal Gazette, but it shall not be necessary for the Superintendent to publish in The Royal Gazette endorsement forms approved for use with the standard owner’s policy.
226(7.1)Unless the Superintendent specifies otherwise under subsection (7.2), the provisions of a form or an amendment published under subsection (7) are effective on the date they are published and
(a) shall be deemed to be incorporated in every contract in existence on that date, but
(b) do not alter the rights or obligations of any person in relation to an accident that occurs before that date.
226(7.2)The Superintendent, at the time a form or an amendment is published under subsection (7), may specify and cause to be published in The Royal Gazette
(a) the date on which any or all of the provisions of the form or the amendment are effective,
(b) the circumstances to which any or all of the provisions of the form or the amendment apply, and
(c) any other matter relating to the transition from the application of the provisions of the previous form to the application of the provisions of the new form or the amendment.
226(8)The Superintendent may revoke an approval given under this section, and, upon notification of the revocation in writing, no insurer shall thereafter use or deliver a form that contravenes the notification.
226(9)The Superintendent shall, on request of any interested insurer, specify in writing his reasons for granting, refusing or revoking an approval of a form.
1968, c.6, s.226; 1971, c.41, s.4; 1996, c.55, s.1; 2004, c.36, s.11; 2008, c.2, s.6
Approval of forms
226(1)No insurer shall use a form of application, policy, endorsement or renewal or continuation certificate in respect of automobile insurance other than a form approved by the Superintendent.
226(2)An insurer may require additional information in an approved application form, but such additional information does not constitute part of the application for the purposes of section 229.
226(3)Where, in the opinion of the Superintendent, any provision of this Part, including any statutory condition, is wholly or partly inappropriate to the requirements of a contract or is inapplicable by reason of the requirements of any Act, he may approve a form of policy, or part thereof, or endorsement evidencing a contract sufficient or appropriate to insure the risks required or proposed to be insured, and the contract evidenced by the policy or endorsement in the form so approved is effective and binding according to its terms notwithstanding that those terms are inconsistent with, vary, omit or add to any provision or condition of this Part.
226(4)Except as to matters mentioned in section 237, the Superintendent may, if he considers it to be in the public interest, approve a form of motor vehicle liability policy or endorsement thereto that extends the insurance beyond that prescribed in this Part.
226(5)The Superintendent, in granting an approval under subsection (4), may require the insurer to charge an additional premium for the extension and to state that fact in the policy or in any endorsement.
226(6)The Superintendent may approve a form of owner’s policy containing insuring agreements and provisions in conformity with this Part for use by insurers in general, and that, for the purposes of section 228 shall be the “standard owner’s policy”.
226(6.1)The Superintendent may amend the form of owner’s policy approved under subsection (6).
226(6.2)The Superintendent may approve a form of owner’s policy containing insuring agreements and provisions in conformity with this Part for use by insurers in general, and that, for the purposes of section 228 shall be the “no frills policy”.
226(6.3)The Superintendent may amend the form of no frills policy approved under subsection (6.2).
226(7)Where the Superintendent approves or amends a form referred to in subsection (6) or (6.2), the Superintendent shall cause a copy of the form or the amendment to be published in The Royal Gazette, but it shall not be necessary for the Superintendent to publish in The Royal Gazette endorsement forms approved for use with the standard owner’s policy or the no frills policy.
226(7.1)Unless the Superintendent specifies otherwise under subsection (7.2), the provisions of a form or an amendment published under subsection (7) are effective on the date they are published and
(a) shall be deemed to be incorporated in every contract in existence on that date, but
(b) do not alter the rights or obligations of any person in relation to an accident that occurs before that date.
226(7.2)The Superintendent, at the time a form or an amendment is published under subsection (7), may specify and cause to be published in The Royal Gazette
(a) the date on which any or all of the provisions of the form or the amendment are effective,
(b) the circumstances to which any or all of the provisions of the form or the amendment apply, and
(c) any other matter relating to the transition from the application of the provisions of the previous form to the application of the provisions of the new form or the amendment.
226(8)The Superintendent may revoke an approval given under this section, and, upon notification of the revocation in writing, no insurer shall thereafter use or deliver a form that contravenes the notification.
226(9)The Superintendent shall, on request of any interested insurer, specify in writing his reasons for granting, refusing or revoking an approval of a form.
1968, c.6, s.226; 1971, c.41, s.4; 1996, c.55, s.1; 2004, c.36, s.11