O.C. 522/2006

A.R. 261/2006

October 25, 2006

The Lieutenant Governor in Council makes the Automobile Insurance Premiums Amendment Regulation set out in the attached Appendix.

For Information only

Recommended by: Minister of Finance

Authority: Insurance Act
(section 660.2)

APPENDIX

Insurance Act

AUTOMOBILE INSURANCE PREMIUMS
AMENDMENT REGULATION

1   The Automobile Insurance Premiums Regulation (AR 124/2004) is amended by this Regulation.

2   Section 3(4) is repealed.

3   Schedule 1, section 1(1)(a) is amended

(a) by striking out "but does not include";

(b) by repealing subclauses (iii) and (iv).

4   Schedule 1, section 1(1)(c) is amended by adding "within the previous 15 years before the date on which the application for basic coverage is made" after "combined time".

5   Schedule 1, section 5(3) is amended by striking out "to a maximum of 15 years' driving experience,".

6   Schedule 1, section 6(1)(b) is amended in the description of element B by striking out "for driving convictions".

7   Schedule 3, section 2 is amended by adding the following after subsection (4):

(5)  The base premium effective November 1, 2005, as changed by the Board in accordance with subsections (2)(a), (3) and (4), is as follows:

Policyholder's choice of coverage	Territory
	Edmonton territory	Calgary territory	Rest of Alberta territory
$200 000	$1616	$1528	$1222
$250 000	$1668	$1577	$1262
$300 000	$1704	$1611	$1289
$400 000	$1762	$1665	$1332
$500 000	$1806	$1707	$1366
$750 000	$1845	$1744	$1395
$1 million	$1901	$1797	$1438
$2 million	$2072	$1959	$1567

(6)  The base premium effective November 1, 2006, as changed by the Board in accordance with subsections (2)(b), (3) and (4), is as follows:

Policyholder's choice of coverage	Territory
	Edmonton territory	Calgary territory	Rest of Alberta territory
$200 000	$1567	$1524	$1220
$250 000	$1618	$1574	$1259
$300 000	$1653	$1607	$1286
$400 000	$1709	$1662	$1330
$500 000	$1751	$1704	$1363
$750 000	$1789	$1740	$1392
$1 million	$1844	$1793	$1435
$2 million	$2009	$1955	$1564

8   Schedule 4 is repealed and the following is substituted:

Schedule 4
Surcharges for At-fault Accidents
and Driving Convictions

Surcharges for driving convictions

1(1)  The total of the percentages determined under subsections (2) and (3) is the percentage to be included in element B of the formula described in Schedule 1, section 6(1).

(2)  A percentage is to be determined for a driver in accordance with Table 1 for each of the following:

(a) for serious traffic safety convictions on a driver's abstract within the 3 years before the effective date of basic coverage or renewal of basic coverage;

(b) for traffic safety convictions on a driver's abstract within the 3 years before the effective date of basic coverage or renewal of basic coverage;

(c) for criminal code convictions on a driver's abstract within the 4 years before the effective date of basic coverage or renewal of basic coverage.

(3)  A percentage is to be determined for a driver in accordance with Table 2 for a driver who in the 3 years before the application for basic coverage has had 2 or more at-fault claims.

Table 1

Number of convictions	Surcharge for
	Traffic safety convictions	Serious traffic safety convictions	Criminal Code convictions
1	0%	25%	300%
2	25%	50%	450%
3	35%	100%	For each additional conviction, add 150 percentage points to the immediately preceding percentage
4	50%	200%
5	75%	400%
6	100%	800%
7 or more	For each additional conviction, double the immediately preceding percentage	For each additional conviction, double the immediately preceding percentage

Table 2

Surcharge for at-fault claims in a 3-year period
Number of at-fault claims	Percentage to be added
2	30%
For each additional at-fault claim, add 15 percentage points to the immediately preceding percentage

Definitions

2   In this Schedule,

(a) "at-fault claim" means at-fault claim as defined in Schedule 1;

(b) "criminal code conviction" means a conviction for an offence under section 130 of the National Defence Act (Canada) or for any of the following offences under the Criminal Code (Canada):

	Description of offence (for convenience of reference only)	Criminal Code Section Number
1	Criminal negligence causing death committed by means of a motor vehicle	220
2	Criminal negligence causing bodily harm committed by means of a motor vehicle	221
3	Manslaughter committed by means of a motor vehicle	236
4	Dangerous operation of a motor vehicle	249(1)
5	Dangerous operation of a motor vehicle causing bodily harm	249(3)
6	Dangerous operation of a motor vehicle causing death	249(4)
7	Failing to stop a motor vehicle while being pursued by peace officer	249.1(1)
8	Failing to stop a motor vehicle causing bodily harm or death while being pursued by peace officer	249.1(3)
9	Failing to stop at scene of accident	252(1)
10	Failing to stop at scene of accident knowing bodily harm has been caused	252(1.2)
11	Failing to stop at scene of accident knowing death has been caused or reckless re bodily harm causing death	252(1.3)
12	Impaired driving or over .08	253
13	Failing or refusing to provide a blood or breath sample on demand	254
14	Impaired driving causing bodily harm	255(2)
15	Impaired driving causing death	255(3)
16	Operating a motor vehicle while disqualified	259(4)

(c) "driver abstract" means the abstract of the driving record referred to in section 5(1) of the Access to Motor Vehicle Information Regulation (AR 140/2003) or a similar document of another province or territory in Canada;

(d) "serious traffic safety conviction" means a conviction for any of the following offences under the Traffic Safety Act, or a conviction for an offence that is substantially similar under an enactment of Canada, other than the Criminal Code (Canada), or of another province or territory:

	Description of offence (for convenience of reference only)	Enactment and section number
		Traffic Safety Act	Use of Highway and Rules of the Road Regulation
1	Failing to remain at scene of accident	69(1)
2	Driver failing to make accident report	71(1)
3	Improper passing in school zone or playground zone		8
4	Drive a motor vehicle during a prohibited period of time	51(g)
5	Novice driver - presence of alcohol suspension	90(4)(c) and (d)
6	Speeding in school zone or playground zone	107(2) and 108(1)(h)
7	Speeding (general) - exceeding limit by more than 50 kph	115(2)(p)
8	Speeding (construction zone) - exceeding limit by more than 50 kph	115(2)(p.1) and (p.2)
9	Speeding (passing emergency vehicle) - exceeding limit by more than 50 kph	115(2)(t)
10	Speeding (flashing yellow light crossing) - exceeding limit by more than 50 kph		53(5)(c)
11	Careless driving	115(2)(b)
12	Racing	115(2)(c)
13	Driving on a bet or wager	115(2)(d)
14	Failing to stop for a school bus		72(1)
15	Driving while unauthorized	94(2)
16	Failing to stop school bus, vehicle carrying explosives, etc. at uncontrolled railway crossing		42(5)
17	Failing to stop for a peace officer	166(2)

(e) "traffic safety conviction" means a conviction for any of the following offences under the Traffic Safety Act, or a conviction for an offence that is substantially similar under an enactment of Canada, other than the Criminal Code (Canada), or of another province or territory:

	Description of offence (for convenience of reference only)	Enactment and section number
		Traffic Safety Act	Use of Highway and Rules of the Road Regulation
1	Speeding - unreasonable rate of speed		2(1)(a)
2	Speeding (general) - exceeding limit by up to 15 kph	115(2)(p)
3	Speeding (construction zone) - exceeding limit by up to 15 kph	115(2)(p.1) and (p.2)
4	Speeding (passing emergency vehicle) - exceeding limit by up to 15 kph	115(2)(t)
5	Speeding (flashing yellow light crossing) - exceeding limit by up to 15 kph		53(5)(c)
6	Speeding (general) - exceeding limit by over 15 but not more than 30 kph	115(2)(p)
7	Speeding (construction zone) - exceeding limit by over 15 but not more than 30 kph	115(2)(p.1) and (p.2)
8	Speeding (passing emergency vehicle) - exceeding limit by over 15 but not more than 30 kph	115(2)(t)
9	Speeding (flashing yellow light crossing) - exceeding limit by over 15 but not more than 30 kph		53(5)(c)
10	Speeding (general) - exceeding limit by over 30 but not more than 50 kph	115(2)(p)
11	Speeding (construction zone) - exceeding limit by over 30 but not more than 50 kph	115(2)(p.1) and (p.2)
12	Speeding (passing emergency vehicle) - exceeding limit by over 30 but not more than 50 kph	115(2)(t)
13	Speeding (flashing yellow light crossing) - exceeding limit by over 30 but not more than 50 kph		53(5)(c)
14	Following too close		18
15	Failing to notify owner    (a)  of an unattended vehicle          damaged in accident    (b)  of property damaged in          accident	69(2)(a) 69(2)(b)
16	Failing to stop, etc. when meeting oncoming vehicle on narrow roadway		14
17	Passing on hill or curve or near railway crossing		19(1)
18	Passing on left when view obstructed or traffic present on left side of highway		20
19	Failing to pass on left in safe manner or failing to return to right side of roadway in safe manner		21(1)
20	Overtaking another vehicle by driving off the roadway, in a parking lane or when unsafe		23
21	Passing another vehicle stopped at crosswalk		41(2)
22	Driving left of centre line		12(1)
23	Driving wrong way on one-way highway		17
24	Impeding passing vehicle		21(2)
25	Impeding passing vehicle - multi-lane highway		22(2)(b)
26	Failing to yield right of way to a vehicle    (a)  at an intersection, or turning          left unsafely    (b)  at yield sign    (c)  in traffic circle    (d)  at merge sign    (e)  at green light or green arrow    (f)  at flashing yellow light		34 39 40 50, 51 52(1), (3)-(5) 53(3)
27	Failing to yield right of way to a pedestrian    (a)  at an alley entrance or driveway    (b)  in a crosswalk    (c)  at a green light or green arrow    (d)  at flashing yellow light at          intersection    (e)  at flashing yellow light           not at intersection    (f)  at flashing yellow light with zone           sign or symbol		36(3) 41(1) 52(1)-(5) 53(3) 53(4) 53(5)(d)
28	Failing to stop    (a)  before entering highway    (b)  at a stop sign    (c)  for an emergency vehicle          sounding siren    (d)  at railway crossing when a train           is approaching    (e)  within prescribed distance from           railway when stop sign    (f)  at yellow light at intersection    (g)  at yellow light not at intersection    (h)  at red light at intersection    (i)  at red light not at intersection    (j)  at flashing red light at intersection    (k)  at flashing red light not at           intersection		36(2) 37 65(1) 42(2) 42(4)(a) 53(1) 53(2) 54(1)(a) 54(4) 54(5)(a) 54(6)(a)
29	Unauthorized following within 150 metres of emergency vehicle sounding siren or with flashing lights or both		65(2)
30	Driving around barrier at railway crossing		42(3)
31	Proceeding when unsafe    (a)  after stopping at intersection    (b)  after stopping for stop sign at           railway crossing    (c)  after stopping for school bus    (d)  after stopping for red light at          intersection    (e)  after stopping for flashing red           light at intersection    (f)  after stopping for flashing red           light not at intersection		38 42(4)(b) 72(2) 54(1)(b) 54(5)(b) 54(6)(b)
32	Stunting	115(2)(f)
33	Traffic lane violation    (a)  slow moving vehicle in incorrect           lane    (b)  driving at less than maximum           speed in designated fast lane           outside an urban area    (c)  improperly crossing solid or           broken lines or driving           improperly on left side of           broken lines on 2-way highway    (d)  making unsafe lane change    (e)  failing to drive in centre of           marked lane    (f)  occupying 2 lanes    (g)  improperly driving in centre           lane of 3 lane highway    (h)  driving in lane marked with "X"		3 2(1)(b) 15(1) 15(4) 15(5) 15(6) 16(1) 27(4)
34	Failing to obey instruction of traffic control device		57
35	Slow driving impeding or blocking traffic		2(1)(c)
36	Driving at less than minimum speed	115(2)(q)
37	Failing to obey direction of peace officer to increase speed, etc.		2(4)
38	Failing to signal    (a)  when changing lanes    (b)  when turning left or right    (c)  when stopping		15(2) 24 35
39	Failing to make proper signal when starting, turning or changing the course or direction of a vehicle or stopping a vehicle on a highway		9(b)
40	Improper turns    (a)  when turning right    (b)  when turning left    (c)  failing to obey traffic control          device    (d)  making U-turn unsafely or          where prohibited    (e)  making U-turn with a school           bus where prohibited		25 26 27(1), (2) 29, 30 31
41	Backing up vehicle unsafely or where prohibited		32, 33
42	Fail to ascertain sufficient space for movement		9(a)

9   This Regulation applies to an application for basic coverage made on or after January 1, 2007 and to an application for a renewal of basic coverage made on or after February 1, 2007.