Compulsory Automobile Insurance Act, R.S.O. 1990, c. C.25

• Jurisdiction: Ontario

Compulsory Automobile Insurance Act

R.S.O. 1990, CHAPTER C.25

Consolidation Period: From December 8, 2020 to the e-Laws currency date.

Last amendment: 2020, c. 36, Sched. 14, s. 4.

CONTENTS

Definitions

1 (1) In this Act,

“agent” means an agent or broker within the meaning of the Insurance Act who is authorized to solicit automobile insurance; (“agent”)

“Association” means the Facility Association referred to in subsection 7 (1); (“Association”)

“Authority” means the Financial Services Regulatory Authority of Ontario continued under subsection 2 (1) of the Financial Services Regulatory Authority of Ontario Act, 2016; (“Autorité”)

“automobile insurance” means insurance against liability arising out of bodily injury to or the death of a person or loss of or damage to property caused by a motor vehicle or the use or operation thereof, and which,

(a) insures at least to the limit required by section 251 of the Insurance Act,

(b) provides the statutory accident benefits set out in the Statutory Accident Benefits Schedule under the Insurance Act, and

(c) provides the benefits prescribed under section 265 of the Insurance Act; (“assurance-automobile”)

“Chief Executive Officer” means the Chief Executive Officer appointed under subsection 10 (2) of the Financial Services Regulatory Authority of Ontario Act, 2016; (“directeur général”)

“driver’s licence” has the same meaning as in the Highway Traffic Act; (“permis de conduire”)

“highway” has the same meaning as in the Highway Traffic Act; (“voie publique”)

“insurance card” means,

(a) a Motor Vehicle Liability Insurance Card in the form approved by the Chief Executive Officer,

(b) a policy of automobile insurance or a certificate of a policy in the form approved by the Chief Executive Officer, or

(c) a document in a form approved by the Chief Executive Officer; (“carte d’assurance”)

“insurer” means an insurer licensed under the Insurance Act and carrying on the business of automobile insurance, but does not include an insurer whose licence is limited to contracts of reinsurance; (“assureur”)

“justice” means a justice under the Provincial Offences Act; (“juge”)

“lessee” means, in respect of a motor vehicle, a person who is leasing or renting the motor vehicle for a period of 30 days or more; (“locataire”)

“motor vehicle” has the same meaning as in the Highway Traffic Act and includes trailers and accessories and equipment of a motor vehicle; (“véhicule automobile”)

“Plan” means the Plan of Operation referred to in subsection 7 (3); (“régime”)

“police officer” means a chief of police or other police officer or a person appointed under section 223 of the Highway Traffic Act for the purpose of carrying out the provisions of that Act; (“agent de police”)

“Registrar” means the Registrar of Motor Vehicles; (“registrateur”)

“regulations” means the regulations made under this Act; (“règlements”) R.S.O. 1990, c. C.25, s. 1 (1); 1993, c. 10, s. 52 (1); 1996, c. 21, s. 50 (1, 2); 1997, c. 19, s. 2 (1); 1997, c. 28, ss. 29, 30; 2005, c. 31, Sched. 4, s. 1; 2018, c. 8, Sched. 4, s. 1, 3; 2020, c. 36, Sched. 14, s. 4 (1).

Streetcars

(2) An electric streetcar that runs on rails principally on a highway shall be deemed to be a motor vehicle for the purposes of this Act. R.S.O. 1990, c. C.25, s. 1 (2).

Exception re: excluded driver

(3) Even if a motor vehicle is insured under a contract of automobile insurance, it shall be deemed to be an uninsured motor vehicle for the purposes of this Act while it is being operated by an excluded driver as defined in the Insurance Act with respect to that contract unless the excluded driver is a named insured under another contract of automobile insurance. R.S.O. 1990, c. C.25, s. 1 (3).

Section Amendments with date in force (d/m/y)

1993, c. 10, s. 52 (1) - 01/01/1994; 1996, c. 21, s. 50 (1, 2) - 01/11/1996; 1997, c. 19, s. 2 (1) - 10/10/1997; 1997, c. 28, s. 29, 30 (1-4) - 01/07/1998

2005, c. 31, Sched. 4, s. 1 - 01/03/2006

2018, c. 8, Sched. 4, s. 1, 3 - 08/06/2019

2020, c. 36, Sched. 14, s. 4 (1) - 08/12/2020

Compulsory automobile insurance

2 (1) Subject to the regulations, no owner or lessee of a motor vehicle shall,

(a) operate the motor vehicle; or

(b) cause or permit the motor vehicle to be operated,

on a highway unless the motor vehicle is insured under a contract of automobile insurance. 1994, c. 11, s. 383; 1996, c. 21, s. 50 (3).

Definition

(2) For the purposes of subsection (1), where a permit for a motor vehicle has been issued under subsection 7 (7) of the Highway Traffic Act,

“contract of automobile insurance”, with respect to that motor vehicle, means a contract of automobile insurance made with an insurer. R.S.O. 1990, c. C.25, s. 2 (2).

Offence

(3) Every owner or lessee of a motor vehicle who,

(a) contravenes subsection (1) of this section or subsection 13 (11); or

(b) surrenders an insurance card for inspection to a police officer, when requested to do so, purporting to show that the motor vehicle is insured under a contract of automobile insurance when the motor vehicle is not so insured,

is guilty of an offence and is liable on a first conviction to a fine of not less than $5,000 and not more than $25,000 and on a subsequent conviction to a fine of not less than $10,000 and not more than $50,000 and, in addition, his or her driver’s licence may be suspended for a period of not more than one year. R.S.O. 1990, c. C.25, s. 2 (3); 1996, c. 21, s. 50 (4); 2002, c. 22, s. 33.

Justice to secure possession of driver’s licence

(4) Where a justice makes a conviction under subsection (3) and the driver’s licence of the person convicted is suspended by the justice, the justice shall take the driver’s licence and forward it to the Registrar. R.S.O. 1990, c. C.25, s. 2 (4).

Police officer may secure possession

(5) Where a driver’s licence is suspended under this section and the person to whom the suspension applies refuses or fails to surrender his or her licence to the justice forthwith, any police officer may, and upon the direction of the Registrar shall, take possession of the licence and forward it to the Registrar. R.S.O. 1990, c. C.25, s. 2 (5).

Offence

(6) Every person who fails or refuses to surrender his or her driver’s licence when required by a police officer under subsection (5) is guilty of an offence and on conviction is liable to a fine of not more than $200. R.S.O. 1990, c. C.25, s. 2 (6); 1996, c. 21, s. 50 (5).

Impounding motor vehicle

(7) In the event of a conviction under subsection (3), the justice may order that the motor vehicle,

(a) that was operated in contravention of subsection (1);

(b) for which a false statement in respect of insurance was made in contravention of subsection 13 (11); or

(c) for which an insurance card was produced in contravention of clause (3) (b),

shall be seized, impounded and taken into the custody of the law for a period of not more than three months. R.S.O. 1990, c. C.25, s. 2 (7); 2002, c. 22, s. 33.

Cost of storage

(8) All costs and charges for the care and storage of the motor vehicle are a lien upon the motor vehicle that may be enforced in the manner provided by the Repair and Storage Liens Act. R.S.O. 1990, c. C.25, s. 2 (8).

Release of vehicle on security given by person convicted

(9) If the person convicted under subsection (3) gives security to the satisfaction of the convicting justice, by bond, recognizance or otherwise, that the motor vehicle will not be operated upon a highway during the period specified by the justice in making an order under subsection (7), the motor vehicle may be released to the person convicted, and if the motor vehicle is operated upon a highway during such period it shall be deemed to have been operated without a permit, as defined in subsection 6 (1) of the Highway Traffic Act. R.S.O. 1990, c. C.25, s. 2 (9); 1996, c. 21, s. 50 (6).

Three-year limitation period

(10) Proceedings may be commenced at any time within three years after the date on which an offence was, or is alleged to have been, committed under subsection (1) or clause (3) (b) or subsection 13 (11). R.S.O. 1990, c. C.25, s. 2 (10); 2002, c. 22, s. 33.

Section Amendments with date in force (d/m/y)

1994, c. 11, s. 383 - 31/12/1991; 1996, c. 21, s. 50 (3-6) - 01/11/1996

2002, c. 22, s. 33 - 01/07/2010

Operator to carry insurance card

3 (1) An operator of a motor vehicle on a highway shall have in the motor vehicle at all times,

(a) an insurance card for the motor vehicle; or

(b) an insurance card evidencing that the operator is insured under a contract of automobile insurance,

and the operator shall surrender the insurance card for reasonable inspection upon the demand of a police officer. R.S.O. 1990, c. C.25, s. 3 (1).

Excluded driver to carry insurance card

(2) Despite subsection (1), an operator of a motor vehicle who is named as an excluded driver under the contract of automobile insurance under which the vehicle is insured shall have in the vehicle at all times an insurance card evidencing that the operator is a named insured under another contract of automobile insurance, and the operator shall surrender the insurance card for reasonable inspection upon the demand of a police officer. R.S.O. 1990, c. C.25, s. 3 (2).

Offence

(3) A person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not more than $400. R.S.O. 1990, c. C.25, s. 3 (3); 1996, c. 21, s. 50 (7).

Section Amendments with date in force (d/m/y)

1996, c. 21, s. 50 (7) - 01/11/1996

Particulars to be disclosed

4 (1) An operator of a motor vehicle on a highway who is directly or indirectly involved in an accident shall, on the request of any person directly or indirectly involved in the accident, disclose to the person the particulars of the contract of automobile insurance insuring the motor vehicle. R.S.O. 1990, c. C.25, s. 4 (1).

Definition

(2) For the purposes of...