Revised Ontario Automobile Policy (OAP 1)

Bulletin

No. A- 05/05

– Auto

Property & Casualty

[To the attention of all insurance companies licensed
to transact automobile insurance in Ontario]

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The Financial Services Commission of Ontario (FSCO) has revised and updated the Ontario Automobile Policy (OAP 1). These changes apply to all policies issued or renewed on or after June 1, 2005. The changes have been made in consultation with insurance industry stakeholders. The changes also reflect recent amendments to the Statutory Conditions in Regulation 777/93 regarding termination of an insured’s contract due to non-payment.

Amendments to Statutory Conditions - Regulation 777/93

As mentioned in Bulletin No. A- 02/05 (Property & Casualty - Auto) of March 9, 2005, the Statutory Conditions in Regulation 777/93 were recently amended to introduce new rules, applicable to policies issued or renewed on or after June 1, 2005, for termination of policies for non-payment.

These Statutory Conditions have since been further amended at the request of brokers and insurance companies to provide that the effective time for the cancellation of a policy for non-payment will be 12:01 a.m. instead of midnight on the day specified for termination, and that the day on which the insurer gives a notice by registered mail will be deemed to be the day after the day of mailing.

The amending regulation was filed as O. Reg. 237/05 on May 20, 2005 and will be published in The Ontario Gazette on June 4, 2005. The regulation can be downloaded from the Ontario e-laws website at: www.e-laws.gov.on.ca.

Revised OAP 1

The revised OAP 1 reflects the changes to the Statutory Conditions referred to above.

A revised definition of spouse that includes same-sex partners has also been added to the OAP 1. The separate definition of same-sex partner, previously included in the OAP 1, has been eliminated. This change was brought about by the Spousal Relationships Statute Law Amendment Act, 2005, which received Royal Assent on March 9, 2005.

Other revisions to the OAP 1 include an extension of coverage to include unwilling occupants or those occupants who are unaware a vehicle is stolen (see section 1.8.2), and an update of some of the examples in the Policy to reflect the higher standard Collision deductible of $500.

Additional Form and Endorsement Changes

A number of other policy and endorsement forms are also being revised as a result of the Spousal Relationships Statute Law Amendment Act, 2005 and recent regulation changes. These revised forms will be released in a future Bulletin.