Bill No. 86
Fair Automobile Insurance (2011) Act
An Act to Amend Chapter 231 of the Revised Statutes, 1989, the Insurance Act
Honourable Graham Steele
Minister responsible for the Insurance Act
|First Reading||November 9, 2011|
|Second Reading Debates||November 14, 2011
November 15, 2011
November 17, 2011
|Second Reading Passed||November 17, 2011|
|Law Amendments Committee|
|Meeting Date(s)||November 28, 2011|
|Reported to the House||November 30, 2011|
|Committee of the Whole House||December 1, 2011|
|Third Reading Debates||December 8, 2011|
|Third Reading||December 8, 2011|
|Royal Assent||December 15, 2011|
|Commencement||Sections 1-3, 7(1): December 15, 2011; ss. 4-5, 9: April 1, 2012; ss. 6, 7(2), 8, 10-12: April 1, 2013|
|2011 Statutes, Chapter 35||View|
Clause 1 provides a short title to the Act.
Clauses 2 and 3 amend the Insurance Act to permit more than one Deputy Superintendent of Insurance to be appointed.
Clauses 4 and 5 provide for a levy on automobile insurers to recover costs incurred by volunteer fire departments in responding to motor vehicle accidents and clarifies that this does not preclude a fire department from making a claim for costs incurred in responding to an accident.
Clause 6 provides for direct compensation for property damage with respect to automobile insurance in Nova Scotia so that an insured deals with the insured’s own insurer for property damage claims
Clause 7 corrects two typographical errors and adds regulation-making authority to the Insurance Act with respect to the priority of motor vehicle liability insurance for the payment of damages caused by the lessee of a leased vehicle or the person renting a rental vehicle from a renter.
(a) includes and clarifies provisions concerning the onus of proof in a civil action related to loss or damage caused by a motor vehicle and the liability of an owner or driver of a motor vehicle which are being moved to the Insurance Act from the Motor Vehicle Act;
(b) limits the liability of a motor vehicle leasing or rental business to a maximum of $1 million where a person who is leasing or renting the motor vehicle from the business is liable for damages with respect to an accident involving the motor vehicle and the leasing or rental business is otherwise vicariously liable; and
(c) includes provisions that maintain the existing law which exempts a conditional seller or leasing business that sells or leases a motor vehicle with an option to purchase from liability for damages with respect to an accident involving the vehicle.
Clause 9 requires periodic reviews of the Insurance Act.
Clauses 10 and 11 replace the definition of “owner” of a vehicle in the Motor Vehicle Act to clarify it and co-ordinate it with the amendments to the Insurance Act respecting leased and rented vehicles.
Clause 12 repeals provisions of the Motor Vehicle Act that are moved, with changes, to the Insurance Act or are out of date.
Clause 13 provides that some provisions of this Act are subject to proclamation.