Copyright and Disclaimer Print


AR 185/2011 TRANSITIONAL (INSURANCE AMENDMENT ACT, 2008 - PART 5) REGULATION

(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, 2008.


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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force. 

(19)  Section 645 of the new Part 5 applies only to certificates issued on or after the date that that section comes into force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(30)  Section 703 of the new Part 5 applies only to certificates issued on or after the date that that section comes into force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(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 force.

(39)  Section 747(2) of the new Part 5 applies only to contracts made on or after the date that that section comes into force.

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, 2008.