TRANSITIONAL (INSURANCE AMENDMENT ACT, 2008 PART 5) REGULATION

Transcription

1 Province of Alberta INSURANCE ACT TRANSITIONAL (INSURANCE AMENDMENT ACT, 2008 PART 5) REGULATION Alberta Regulation 185/2011 With amendments up to and including Alberta Regulation 103/2017 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer Suite 700, Park Plaza Avenue Edmonton, AB T5K 2P7 Phone: Fax: Shop on-line at

2 Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

3 (Consolidated up to 103/2017) ALBERTA REGULATION 185/2011 Insurance Act TRANSITIONAL (INSURANCE AMENDMENT ACT, 2008 PART 5) REGULATION Table of Contents 1 Definitions 2 Purpose 3 Transitional provisions 5 Coming into force Definitions 1 In this Regulation, (a) former Part 5 means Part 5 of the Insurance Act as it read immediately before the coming into force of section 29 of the Insurance Amendment Act, 2008; (b) new Part 5 means Part 5 of the Insurance Act as it reads immediately after the coming into force of section 29 of the Insurance Amendment Act, Purpose 2 The purpose of this Regulation is to address the transition of certain matters from the former Part 5 to the new Part 5. Transitional provisions 3(1) Automobile insurance policy forms approved under section 610 of the former Part 5 are deemed to be approved forms under section 551 of the new Part 5. (2) A Government approved industry plan approved under section 661 of the former Part 5 is deemed to be approved as a plan under section 609 of the new Part 5. (3) Section 514 of the former Part 5 continues to apply in respect of an appraisal process that has begun before the date that section 519 of the new Part 5 comes into (4) The requirement set out in section 516(3)(j) of the new Part 5 applies only to policies issued or renewed on or after the date that that section comes into

4 TRANSITIONAL (INSURANCE AMENDMENT Section 3 ACT, 2008 PART 5) REGULATION AR 185/2011 (5) Statutory Condition 14 set out in section 549 of the former Part 5 continues to apply to a cause of action arising before the coming into force of section 526 of the new Part 5. (6) Section 527 of the new Part 5 applies only to a cause of action arising on or after the date that that section comes into (7) The Statutory Conditions set out in section 549 of the former Part 5 continue to apply to contracts that are made before the date that section 540 of the new Part 5 comes into (8) The Statutory Conditions set out in section 540 of the new Part 5 apply only to contracts that are made on or after the date that that section comes into (9) Section 541 of the new Part 5 applies only to a claim for loss or damage that occurs on or after the date that that section comes into (10) Sections 543, 545(3) and 553(4) of the new Part 5 apply only to contracts made on or after the date that those sections come into (11) Section 562(3) of the former Part 5 continues to apply to contracts made before the date that section 646(3) of the new Part 5 comes into (12) The Statutory Conditions set out in section 614 of the former Part 5 continue to apply to contracts that are made before the date that section 556 of the new Part 5 comes into (13) The Statutory Conditions set out in section 556 of the new Part 5 apply only to contracts that are made on or after the date that that section comes into (14) Statutory Condition 6(3) set out in section 614 of the former Part 5 continues to apply to a cause of action arising before the date that section 558 of the new Part 5 comes into (15) Statutory Conditions set out in section 636 of the new Part 5 apply only to contracts that are made on or after the date that that section comes into (16) Section 642(2) and (3) of the new Part 5 apply only to contracts made on or after the date that that section comes into (17) Section 647 of the former Part 5 continues to apply to a cause of action that occurs before the date that section 593 of the new Part 5 comes into 2

5 TRANSITIONAL (INSURANCE AMENDMENT Section 3 ACT, 2008 PART 5) REGULATION AR 185/2011 (18) Sections 614(4), 643(2)(g) and (3) and 644(f) to (h) of the new Part 5 apply only to policies issued on or after the date that those sections come into (19) Section 645 of the new Part 5 applies only to certificates issued on or after the date that that section comes into (20) Sections 646(3) and 647(b) of the new Part 5 apply only to contracts made on or after the date that those sections come into (21) Sections 652(3) and 653(3) of the new Part 5 apply only to applications made on or after the date that those sections come into (22) Section 659(1) and (4) of the new Part 5 apply only in respect of terminations and replacements that occur on or after the date that that section comes into force in respect of contracts made before or after the date that that section comes into (23) Section 672 of the new Part 5 applies only to claims incurred on or after the period commencing 2 years before the date that that section comes into (24) Section 677 of the new Part 5 applies only to causes of action that arise on or after the date that that section comes into force in respect of contracts made before or after the date that that section comes into (25) Section 699(2) and (3) of the new Part 5 apply only to contracts made on or after the date that that section comes into (26) Section 700(2)(f) and (3) of the new Part 5 apply only to policies that are issued on or after the date that that section comes into (27) Section 701(a) to (e) of the new Part 5 apply only to contracts of creditor s group insurance made on or after the date that that section comes into (28) Section 701(f) to (h) of the new Part 5 apply only to contracts made on or after the date that that section comes into (29) Section 702(1) and (4) of the new Part 5 apply only in respect of terminations and replacements that occur after the date that that section comes into force in respect of contracts made before or after the date that that section comes into (30) Section 703 of the new Part 5 applies only to certificates issued on or after the date that that section comes into 3

6 TRANSITIONAL (INSURANCE AMENDMENT Section 5 ACT, 2008 PART 5) REGULATION AR 185/2011 (31) Sections 705, 706 and 707 of the new Part 5 apply only to contracts made on or after the date that those sections come into (32) Statutory Condition 12 set out in section 671 of the former Part 5 continues to apply to a cause of action arising before the date that section 708 of the new Part 5 comes into (33) Section 677(3) of the former Part 5 continues to apply to contracts made before the date that section 715(3) of the new Part 5 comes into (34) Sections 715(3) and 716(b) of the new Part 5 apply only to contracts made on or after the date that those sections come into (35) Sections 719(3) and 720(2) and (4) of the new Part 5 apply only to applications made on or after the date that those sections come into (36) Section 722 of the new Part 5 applies only to debtors under contracts of creditor s group insurance that are insured on or after the date that that section comes into (37) Statutory Conditions set out in section 728 of the former Part 5 continue to apply to contracts made before the date that section 636 of the new Part 5 comes into (38) Section 736 of the new Part 5 applies only to claims incurred on or after the period commencing 2 years before the date that that section comes into (39) Section 747(2) of the new Part 5 applies only to contracts made on or after the date that that section comes into 4 Repealed AR 103/2017 s2. Coming into force 5 This Regulation comes into force on the coming into force of section 29 of the Insurance Amendment Act,

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