BILL 43

An Act to Amend the Insurance Act

Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1 The Insurance Act, chapter I-12 of the Revised Statutes of New Brunswick, 1973, is amended by adding after section 85 the following:

PROHIBITED UNDERWRITING AND INSURANCE RATING CLASSIFICATION PRACTICES

Prohibited underwriting practices

85.1 No insurer shall decline to issue, refuse to renew, or terminate a contract or refuse to provide or continue any coverage or endorsement in respect of a contract on any ground prescribed by regulation.

Prohibited insurance rating classification practices

85.2 No insurer shall establish an insurance rating classification to distinguish between insured persons on the basis of any ground prescribed by regulation.

2 Section 95 of the Act is amended

(a)  in paragraph (c) by striking out “and” at the end of the paragraph;

(b)  by adding after paragraph (c) the following:

(c.1)  prescribing the grounds an insurer is prohibited from using to decline to issue, to refuse to renew, or to terminate a contract or to refuse to provide or continue any coverage or endorsement in respect of a contract;

(c.2)  prescribing the grounds an insurer is prohibited from using to distinguish between insured persons for the purpose of an insurance rating classification;

(c.3)  for the purposes of paragraph (c.1) or (c.2), prescribing different prohibited grounds for different classes of insurance; and

3 Section 229.1 of the Act is repealed.

4 Paragraph 267.9(1)(a.1) of the Act is repealed.

5 This Act or any provision of it comes into force on a day or days to be fixed by proclamation.