Acts and Regulations

2004-139 - Automobile Rating Classification

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Document at 29 January 2020
NEW BRUNSWICK
REGULATION 2004-139
under the
Insurance Act
(O.C. 2004-530)
Filed December 23, 2004
Under subsection 267.9(1) of the Insurance Act, the Lieutenant-Governor in Council makes the following Regulation:
Citation
1This Regulation may be cited as the Automobile Rating Classification Regulation - Insurance Act.
Definition of “Act”
2In this Regulation, “Act” means the Insurance Act.
Application
3In developing rates for a common rating structure, an automobile insurer shall comply with the provisions of this Regulation.
Automobile Statistical Plan
4Subject to section 5, the basic rating classes set out in the New Brunswick section of the Automobile Statistical Plan, maintained by the statistical agency designated by the Superintendent under section 75 of the Act, as the plan exists on October 1, 2004, are the basic rating classes to be observed by automobile insurers in the development of rates.
Prohibition - Age, Gender, Marital Status
2008-153
5(1)No insurer shall establish an automobile insurance rating classification to distinguish between insured persons on the basis of age, gender or marital status.
5(2)Distinguishing between insured persons on the basis of years of driving experience does not contravene subsection (1).
5(3)Nothing in this Regulation affects an insurer’s obligations under section 75 of the Act or the insurer’s ability to record information about age, gender or marital status of insured persons for statistical purposes.
2007-9; 2008-153
Prohibition - Lapse in Coverage
2008-153
5.1No insurer shall establish an automobile insurance rating classification to distinguish between insured persons on the basis of a lapse in coverage under a contract of automobile insurance for a period of less than 24 months, unless the lapse resulted, directly or indirectly, from
(a) the termination of a policy of automobile insurance for failure to pay premiums due under the terms of the contract,
(b) the termination of a policy of automobile insurance for failure to disclose an accident or a conviction for an offence related to the use or operation of an automobile, and the accident or the conviction would likely have led to a higher premium being charged, or
(c) the suspension of the person’s driver’s licence for an offence related to the use or operation of an automobile.
2008-153
Conflict
Repealed: 2007-9
2007-9
6Repealed: 2007-9
2007-9
Commencement
7This Regulation comes into force
(a) on January 1, 2005, for private passenger automobile rating classes, and
(b) on January 1, 2006, for all other applicable rating classes.
N.B. This Regulation is consolidated to April 1, 2009.