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Mandatory Filing of Automobile Insurance Rates Regulations
made under Sections 16AA and 159 of the
R.S.N.S. 1989, c. 231
O.I.C. 2008-473 (September 9, 2008, effective October 1, 2008), N.S. Reg. 387/2008
1 These regulations may be cited as the Mandatory Filing of Automobile Insurance Rates Regulations.
2 In these regulations,
(a) “Act” means the Insurance Act;
(b) “application” means an application to the Board by an insurer for approval of the insurer’s risk-classification system and rates, in accordance with Section 155G of the Act and any guidelines issued by the Board;
(c) “Board” means the Board as defined in Section 3 of the Act;
(d) “date of filing” of an application means the date on which the application is received by the Board;
(e) “date of last approval” means the date of approval of the most recent successful application filed by an insurer with the Board;
(f) “date of last filing” means the date of filing of the most recent successful application filed by an insurer with the Board.
Insurer’s duty to file application
3 (1) Except as provided in Section 4 for an initial application under these regulations, an insurer offering automobile insurance in Nova Scotia must file an application
(a) for private passenger vehicle insurance, within 24 months of its date of last filing with respect to private passenger vehicle insurance;
(b) for commercial vehicle insurance, within 36 months of its date of last filing with respect to commercial vehicle insurance; and
(c) for insurance for any other vehicles, within 36 months of its date of last filing with respect to insurance for those vehicles.
(2) If the Board refuses to approve an application, the insurer must file another application within 30 days of the date on which the Board mails written notification of refusal to the insurer, and the insurer must make reasonable efforts to address the factors identified by the Board in its decision to refuse approval.
Transition application deadlines
4 (1) An insurer must file its initial application under these regulations in accordance with a schedule of filing dates published on the Board’s website for that purpose.
(2) The earliest date that the Board may require an insurer to file an initial application under these regulations is 3 months after the date these regulations become effective.
(3) In scheduling filing dates under subsection (1), the Board must, if reasonably practical, ensure that insurers with the oldest dates of last approval are given earlier filing dates than insurers with more recent dates of last approval.
Extension of filing date in exceptional circumstances
5 At the request of an insurer, the Board may grant an extension for filing an application under subsection 3(1) or 4(1) if the insurer demonstrates to the satisfaction of the Board that exceptional circumstances prevent the insurer from meeting the prescribed deadlines, and if the Board is satisfied that an extension would not be contrary to the public interest.