Acts and Regulations

M-17 - Motor Vehicle Act

Section 283
Disposition versions

Full text
Form of proof of financial responsibility
283(1)Subject to the provisions of subsection (3) proof of financial responsibility may be given in any one of the following forms:
(a) the written certificate or certificates, filed with the Registrar, of any authorized insurer that it has issued, to or for the benefit of the person named therein, a motor vehicle liability policy or policies in form hereinafter prescribed, which, at the date of the certificate or certificates, is in full force and effect, and which designates therein, by explicit description, or by other adequate reference, all motor vehicles to which the policy applies; but, if a person is not the registered owner of a motor vehicle, then the proof of financial responsibility to be provided must be a driver’s policy;
(b) any such certificate or certificates shall be in the form approved by the Registrar and shall cover all motor vehicles registered in the name of the person furnishing such proof, and that certificate, or certificates, shall certify that the motor vehicle liability policy or policies therein mentioned shall not be cancelled or expire, except upon ten days prior written notice thereof to the Registrar, and until such notice is duly given the certificates shall be valid, and sufficient to cover the term of any renewal of such motor vehicle liability policy by the insurer or any renewal or extension of the term of such motor vehicle privilege by the Minister;
(c) the bond of a guarantee insurance or surety company, duly licensed in New Brunswick, or a bond with personal sureties approved as adequate security hereunder, upon application to a judge of The Court of King’s Bench of New Brunswick; that bond shall be in form approved by the Registrar and shall be conditioned upon payment of the amount specified in this Part and shall not be cancelled or expire except after ten days written notice to the Registrar, but not after the happening of the injury or damage secured by the bond as to such accident, injury or damage, and the bond shall be filed with the Registrar;
(d) the certificate of the Minister that the person named therein has deposited with him a sum of money in the amount or value of two hundred thousand dollars for each motor vehicle registered in the name of such person, and the Minister shall accept any such deposits and issue a certificate therefor, if such deposit is accompanied by evidence that there are no unsatisfied judgments against the depositor registered in the Personal Property Registry.
283(2)The Minister may, in his discretion, at any time, require additional proof of financial responsibility, to be filed or deposited by any driver or owner pursuant to this Part, and may suspend the motor vehicle privilege pending such additional proof.
283(3)In the case of an owner of ten or more motor vehicles to whom this Part applies, proof of financial responsibility in a form and in an amount, not less than one million dollars satisfactory to the Minister, may be accepted as sufficient for the purpose of this Part.
283(4)A person who is not a resident of New Brunswick may, for the purposes of this Part give proof of financial responsibility as provided in subsection (1), or by filing a certificate of insurance in form approved by the Registrar issued by an insurer authorized to transact insurance in the state or province in which that person resides, if the insurer has filed with the Registrar, in the form prescribed by him
(a) a power of attorney authorizing the Registrar to accept service of notice or process for itself and for its insured in any action or proceeding arising out of a motor vehicle accident in New Brunswick,
(b) an undertaking to appear in any such action or proceeding of which it has knowledge, and
(c) an undertaking not to set up as a defence to any claim, action or proceeding, under a motor vehicle liability policy issued by it, a defence that might not be set up if such policy had been issued in New Brunswick in accordance with the law of New Brunswick relating to motor vehicle liability policies and to satisfy up to the limits of liability stated in the policy, any judgment rendered and become final against it or its insured by a court in New Brunswick in any such action or proceeding.
283(5)If an insurer who has filed the documents prescribed in subsection (4) defaults thereunder certificates of any such insurer shall not thereafter be accepted as proof of financial responsibility under this Part so long as the default continues, and the Registrar shall forthwith notify all Superintendents of Insurance and all Registrars of motor vehicles or other officers, if any, in charge of registration of motor vehicles and the licensing of drivers in all provinces and states where the certificates of that insurer are accepted as proof of financial responsibility.
1955, c.13, s.256; 1964, c.43, s.9; 1977, c.32, s.28; 1978, c.39, s.20; 1978, c.D-11.2, s.26; 1979, c.41, s.85; 1980, c.32, s.26; 1985, c.34, s.26; 1987, c.6, s.65; 1988, c.42, s.31; 2013, c.32, s.23; 2023, c.17, s.162
Form of proof of financial responsibility
283(1)Subject to the provisions of subsection (3) proof of financial responsibility may be given in any one of the following forms:
(a) the written certificate or certificates, filed with the Registrar, of any authorized insurer that it has issued, to or for the benefit of the person named therein, a motor vehicle liability policy or policies in form hereinafter prescribed, which, at the date of the certificate or certificates, is in full force and effect, and which designates therein, by explicit description, or by other adequate reference, all motor vehicles to which the policy applies; but, if a person is not the registered owner of a motor vehicle, then the proof of financial responsibility to be provided must be a driver’s policy;
(b) any such certificate or certificates shall be in the form approved by the Registrar and shall cover all motor vehicles registered in the name of the person furnishing such proof, and that certificate, or certificates, shall certify that the motor vehicle liability policy or policies therein mentioned shall not be cancelled or expire, except upon ten days prior written notice thereof to the Registrar, and until such notice is duly given the certificates shall be valid, and sufficient to cover the term of any renewal of such motor vehicle liability policy by the insurer or any renewal or extension of the term of such motor vehicle privilege by the Minister;
(c) the bond of a guarantee insurance or surety company, duly licensed in New Brunswick, or a bond with personal sureties approved as adequate security hereunder, upon application to a judge of The Court of Queen’s Bench of New Brunswick; that bond shall be in form approved by the Registrar and shall be conditioned upon payment of the amount specified in this Part and shall not be cancelled or expire except after ten days written notice to the Registrar, but not after the happening of the injury or damage secured by the bond as to such accident, injury or damage, and the bond shall be filed with the Registrar;
(d) the certificate of the Minister that the person named therein has deposited with him a sum of money in the amount or value of two hundred thousand dollars for each motor vehicle registered in the name of such person, and the Minister shall accept any such deposits and issue a certificate therefor, if such deposit is accompanied by evidence that there are no unsatisfied judgments against the depositor registered in the Personal Property Registry.
283(2)The Minister may, in his discretion, at any time, require additional proof of financial responsibility, to be filed or deposited by any driver or owner pursuant to this Part, and may suspend the motor vehicle privilege pending such additional proof.
283(3)In the case of an owner of ten or more motor vehicles to whom this Part applies, proof of financial responsibility in a form and in an amount, not less than one million dollars satisfactory to the Minister, may be accepted as sufficient for the purpose of this Part.
283(4)A person who is not a resident of New Brunswick may, for the purposes of this Part give proof of financial responsibility as provided in subsection (1), or by filing a certificate of insurance in form approved by the Registrar issued by an insurer authorized to transact insurance in the state or province in which that person resides, if the insurer has filed with the Registrar, in the form prescribed by him
(a) a power of attorney authorizing the Registrar to accept service of notice or process for itself and for its insured in any action or proceeding arising out of a motor vehicle accident in New Brunswick,
(b) an undertaking to appear in any such action or proceeding of which it has knowledge, and
(c) an undertaking not to set up as a defence to any claim, action or proceeding, under a motor vehicle liability policy issued by it, a defence that might not be set up if such policy had been issued in New Brunswick in accordance with the law of New Brunswick relating to motor vehicle liability policies and to satisfy up to the limits of liability stated in the policy, any judgment rendered and become final against it or its insured by a court in New Brunswick in any such action or proceeding.
283(5)If an insurer who has filed the documents prescribed in subsection (4) defaults thereunder certificates of any such insurer shall not thereafter be accepted as proof of financial responsibility under this Part so long as the default continues, and the Registrar shall forthwith notify all Superintendents of Insurance and all Registrars of motor vehicles or other officers, if any, in charge of registration of motor vehicles and the licensing of drivers in all provinces and states where the certificates of that insurer are accepted as proof of financial responsibility.
1955, c.13, s.256; 1964, c.43, s.9; 1977, c.32, s.28; 1978, c.39, s.20; 1978, c.D-11.2, s.26; 1979, c.41, s.85; 1980, c.32, s.26; 1985, c.34, s.26; 1987, c.6, s.65; 1988, c.42, s.31; 2013, c.32, s.23
Form of proof of financial responsibility
283(1)Subject to the provisions of subsection (3) proof of financial responsibility may be given in any one of the following forms:
(a) the written certificate or certificates, filed with the Registrar, of any authorized insurer that it has issued, to or for the benefit of the person named therein, a motor vehicle liability policy or policies in form hereinafter prescribed, which, at the date of the certificate or certificates, is in full force and effect, and which designates therein, by explicit description, or by other adequate reference, all motor vehicles to which the policy applies; but, if a person is not the registered owner of a motor vehicle, then the proof of financial responsibility to be provided must be a driver’s policy;
(b) any such certificate or certificates shall be in the form approved by the Registrar and shall cover all motor vehicles registered in the name of the person furnishing such proof, and that certificate, or certificates, shall certify that the motor vehicle liability policy or policies therein mentioned shall not be cancelled or expire, except upon ten days prior written notice thereof to the Registrar, and until such notice is duly given the certificates shall be valid, and sufficient to cover the term of any renewal of such motor vehicle liability policy by the insurer or any renewal or extension of the term of such motor vehicle privilege by the Minister;
(c) the bond of a guarantee insurance or surety company, duly licensed in New Brunswick, or a bond with personal sureties approved as adequate security hereunder, upon application to a judge of The Court of Queen’s Bench of New Brunswick; that bond shall be in form approved by the Registrar and shall be conditioned upon payment of the amount specified in this Part and shall not be cancelled or expire except after ten days written notice to the Registrar, but not after the happening of the injury or damage secured by the bond as to such accident, injury or damage, and the bond shall be filed with the Registrar;
(d) the certificate of the Minister that the person named therein has deposited with him a sum of money in the amount or value of two hundred thousand dollars for each motor vehicle registered in the name of such person, and the Minister shall accept any such deposits and issue a certificate therefor, if such deposit is accompanied by evidence that there are no unsatisfied executions against the depositor registered in the office of the sheriff for the judicial district in which the depositor resides.
283(2)The Minister may, in his discretion, at any time, require additional proof of financial responsibility, to be filed or deposited by any driver or owner pursuant to this Part, and may suspend the motor vehicle privilege pending such additional proof.
283(3)In the case of an owner of ten or more motor vehicles to whom this Part applies, proof of financial responsibility in a form and in an amount, not less than one million dollars satisfactory to the Minister, may be accepted as sufficient for the purpose of this Part.
283(4)A person who is not a resident of New Brunswick may, for the purposes of this Part give proof of financial responsibility as provided in subsection (1), or by filing a certificate of insurance in form approved by the Registrar issued by an insurer authorized to transact insurance in the state or province in which that person resides, if the insurer has filed with the Registrar, in the form prescribed by him
(a) a power of attorney authorizing the Registrar to accept service of notice or process for itself and for its insured in any action or proceeding arising out of a motor vehicle accident in New Brunswick,
(b) an undertaking to appear in any such action or proceeding of which it has knowledge, and
(c) an undertaking not to set up as a defence to any claim, action or proceeding, under a motor vehicle liability policy issued by it, a defence that might not be set up if such policy had been issued in New Brunswick in accordance with the law of New Brunswick relating to motor vehicle liability policies and to satisfy up to the limits of liability stated in the policy, any judgment rendered and become final against it or its insured by a court in New Brunswick in any such action or proceeding.
283(5)If an insurer who has filed the documents prescribed in subsection (4) defaults thereunder certificates of any such insurer shall not thereafter be accepted as proof of financial responsibility under this Part so long as the default continues, and the Registrar shall forthwith notify all Superintendents of Insurance and all Registrars of motor vehicles or other officers, if any, in charge of registration of motor vehicles and the licensing of drivers in all provinces and states where the certificates of that insurer are accepted as proof of financial responsibility.
1955, c.13, s.256; 1964, c.43, s.9; 1977, c.32, s.28; 1978, c.39, s.20; 1978, c.D-11.2, s.26; 1979, c.41, s.85; 1980, c.32, s.26; 1985, c.34, s.26; 1987, c.6, s.65; 1988, c.42, s.31