Insurance – Legislation, orders and agreements

Insurance Act

• Insurance Act – current
  • see changes effective July 1, 2014 and July 1, 2012

Captive Insurance Companies Act

Alberta’s regulatory framework enabling captive insurance companies is effective July 1, 2022. Captives provide insurance coverage for the entities that create and own them. Captives may be set up in any sector as an alternative to using a traditional insurer.

For details including legislation and regulations, see Information for captive insurers.

Insurance Regulations

Adverse Contractual Action Regulation

• Adverse Contractual Action Regulation (28/2015)
  • Explanation of changes in the renewed Regulation (PDF, 19 KB) – April 2, 2015
  • Regulation consolidated to 62/2013 (PDF, 197 KB)
  • Expiry Date Extension Amendment Regulation (177/2020)

Automobile Accident Insurance Benefits Regulation

• Automobile Accident Insurance Benefits Regulation (352/1972)
  • Amendment Regulation (121/2004)
  • Amendment Regulation (259/2006)
  • Amendment Regulation (149/2011)
  • Amendment Regulation (127/2012)
  • Amendment Regulation (72/2018)
  • Amendment Regulation (180/2020)
  • Amendment Regulation (202/2020)

Automobile Insurance Premiums Regulation

• Automobile Insurance Premiums Regulation (117/2014)
  • See Superintendent of Insurance Notices:
    • Notice 02-2014: Renewed Automobile Insurance Premiums Regulation (PDF, 61 KB) – June 30, 2014
    • Notice 01-2014: Enhancing Consumer Protection in Automobile Insurance Act - Coming into Force (PDF, 60 KB) – June 30, 2014
  • Original Regulation (124/2004)
  • Amendment Regulation (183/2004)
  • Amendment Regulation (217/2004)
  • Amendment Regulation (055/2005)
  • Amendment Regulation (171/2006)
  • Amendment Regulation (261/2006) – see also: Consolidated Regulation to 261/2006 (PDF, 449 KB)
  • Amendment Regulation (74/2018)
  • Amendment Regulation (181/2020)
  • Amendment Regulation (275/2020)

Automobile Insurance Rate Board Fees Regulation

• Automobile Insurance Rate Board Fees Regulation (179/2005)
  • Amendment Regulation (179/2005)
  • Amendment Regulation (187/2006)
  • Amendment Regulation (118/2008)
  • Amendment Regulation (29/2015)
  • Expiry Date Extension Amendment Regulation (177/2020)

Certificate Expiry, Penalties and Fees Regulation

• Certificate Expiry, Penalties and Fees Repeal Regulation (repealed February 2022)
• Previous version and amendments:
  • Certificate Expiry, Penalties, Fees Regulation (125/2001)
  • Amendment Regulation (292/2002)
  • Amendment Regulation (375/2003)
  • Amendment Regulation (269/2004)
  • Amendment Regulation (93/2006)
  • Amendment Regulation (18/2009)
  • Amendment Regulation (200/2012)
  • Expiry Date Extension Amendment Regulation (177/2020)

Classes of Insurance Regulation

• Classes of Insurance Regulation (144/2011)
  • Amended by Home Warranty Insurance Regulation (225/2013)
• Expiry Date Extension Amendment Regulation (177/2020)

Complaint Resolution Regulation

• Complaint Resolution Regulation (259/2004)
  • Amendment Regulation (206/2014)
  • Amendment Regulation (179/2017)

Diagnostic and Treatment Protocols Regulation

• Diagnostic and Treatment Protocols Regulation (116/2014) – Applicable to collisions occurring on or after July 1, 2014
  • See Superintendent of Insurance Notices:
    • Notice 03-2014: Renewed Diagnostic and Treatment Protocols Regulation (PDF, 102 KB) – June 30, 2014
    • Notice 01-2014: Enhancing Consumer Protection in Automobile Insurance Act - Coming into Force (PDF, 60 KB) – June 30, 2014
  • Original Regulation (122/2004) – repealed July 1, 2014, but applicable to collisions occurring on or before June 30, 2014
  • Amendment Regulation (203/2020)

Direct Compensation for Property Damage Regulation

• Direct Compensation for Property Damage Regulation (132/2021)

Fair Practices Regulation

• Fair Practices Regulation (128/2001)
  • Amendment Regulation (382/2003)
  • Amendment Regulation (96/2006)
  • Amendment Regulation (145/2011)
  • Amendment Regulation (129/2012)
  • Also amended by Home Warranty Insurance Regulation (225/2013)
  • Amendment Regulation (126/2019)
  • Amendment Regulation (194/2019)
    • See Superintendent of Insurance Notice 09-2019 (PDF, 308 KB)
  • Expiry Date Extension Amendment Regulation (177/2020)

Home Warranty Insurance Regulation

• Home Warranty Insurance Regulation (225/2013)
  • Amendment Regulation (143/2018)

Insurance Agents and Adjusters Regulation

• Insurance Agents and Adjusters Regulation (122/2001)
  • Amendment Regulation (293/2002)
  • Amendment Regulation (9/2003)
  • Amendment Regulation (93/2003)
  • Amendment Regulation (376/2003)
  • Amendment Regulation (128/2004)
  • Amendment Regulation (196/2005)
  • Amendment Regulation (94/2006)
  • Amendment Regulation (19/2009)
  • Amendment Regulation (36/2010)
  • Amendment Regulation (88/2011)
  • Amendment Regulation (199/2012)
  • Amendment Regulation (125/2019)
  • Amendment Regulation (193/2019)
    • See Superintendent of Insurance Notice 09-2019 (PDF, 308 KB)
  • Amendment Regulation (15/2020)
  • Amendment Regulation (20/2022)

Insurance Councils Regulation

• Insurance Councils Regulation (126/2001)
  • Amendment Regulation (10/2003)
  • Amendment Regulation (104/2006)
  • Amendment Regulation (198/2009)
  • Amendment Regulation (148/2011)
  • Amendment Regulation (62/2013)
  • Amendment Regulation (21/2022)
  • Expiry Date Extension Amendment Regulation (177/2020)

Insurance Enforcement and Administration Regulation

• Insurance Enforcement and Administration Regulation (101/2022)
• Previous regulation:
  • Enforcement and Administration Regulation (129/2001)
    • Amendment Regulation (2006)
    • Amendment Regulation (147/2011)
    • Amendment Regulation (182/2020)

Minor Injury Regulation

• Minor Injury Regulation (123/2004)
  • Amendment Regulation (260/2006)
  • Amendment Regulation (35/2011)
  • Amendment Regulation (73/2018)
  • Amendment Regulation (204/2020)

Miscellaneous Insurance Provisions Regulation

• Miscellaneous Insurance Provisions Regulation (120/2001)
  • Amendment Regulation (180/2001)
  • Amendment Regulation (213/2001)
  • Amendment Regulation (187/2002)
  • Amendment Regulation (287/2003)
  • Amendment Regulation (374/2003)
  • Amendment Regulation (257/2005)
  • Amendment Regulation (91/2006)
  • Amendment Regulation (15/2007)
  • Amendment Regulation (203/2010)
  • Amendment Regulation (100/2011)
  • Amendment Regulation (146/2011)
  • Amendment Regulation (002/2016)
  • Amendment Regulation (133/2021)

Provincial Companies Regulation

• Provincial Companies Regulation (124/2001)
  • Amendment Regulation (340/2003)
  • Amendment Regulation (90/2006)
  • Amendment Regulation (241/2007)
  • Amendment Regulation (18/2008)
  • Amendment Regulation (17/2009)
  • Amendment Regulation (79/2011)
  • Amendment Regulation (178/2020)

Reciprocal Insurance Exchange Regulation

• Reciprocal Insurance Exchange Regulation (123/2001)
  • Amendment Regulation (92/2006)
  • Amendment Regulation (179/2020)

Recovery of Administration Costs Regulation

• Recovery of Administration Costs Regulation (102/2022)
• Previous Regulation:
  • Recovery of Administration Costs Regulation (199/2009)
    • Expiry Date Extension Amendment Regulation (177/2020)

Replacement of Life Insurance Contracts Regulation

• Replacement of Life Insurance Contracts Regulation (127/2001)
  • Amendment Regulation (95/2006)
  • Amendment Regulation (154/2010)
  • Expiry Date Extension Amendment Regulation (177/2020)

Transitional (Insurance Amendment act, 2008) Regulation

• Transitional (Insurance Amendment Act, 2008 – Part 5) Regulation (185/2011)
  • Amendment Regulation (103/2017)

Changes effective July 2014

Stronger oversight of automobile insurance premiums

Changes to the Insurance Act were proclaimed (except sections 3, 5 and 28) into force on July 1, 2014. The changes allow for stronger oversight of automobile insurance premiums, by providing the Automobile Insurance Rate Board with the responsibility to regulate the entire (both basic and additional) automobile insurance premium.

Overview of the changes

See the following Superintendent of Insurance Notices and other documents:

• Notice 01-2014: Enhancing Consumer Protection in Auto Insurance Act - Coming into Force (PDF, 61 KB) – June 30, 2014
• Notice 02-2014: Renewed Automobile Insurance Premiums Regulation (PDF, 63 KB) – June 30, 2014
  • (Regulation 117/2014)
• Notice 03-2014: Renewed Diagnostic and Treatment Protocols Regulation (PDF, 59 KB) – June 30, 2014
  • (Regulation 116/2014)
• News Release on Bill 39 – November 6, 2013
• Bill 39 – Amendment to the Insurance Act (PDF, 534 KB)
• Insurance Act – effective July 1, 2014 (includes amendments since then)

Changes effective July 2012

Updates clarify and strengthen consumer rights

Legislative changes were implemented to amend the provisions of the act applicable to the various types of insurance contracts such as: life, accident and sickness, liability, business and property.

These changes modernize the framework for insurance contracts, strengthen consumer protection, and address issues identified by stakeholders, including consumers, legal counsel and insurers.

Overview of the changes

• Summary of changes (PDF, 79 KB) – July 15, 2011
• News release – June 29, 2012
• For information on the Dispute Resolution Process, see insurance consumer complaints.

Ministerial Orders and Directives

Ministerial Orders and Directives under insurance legislation

• Ministerial Order and Directive under the Captive Insurance Companies Act – effective July 1, 2022 – posted June 9, 2022
  • Ministerial Order 14/2022 – Fees under the Captive Insurance Companies Act
  • Ministerial Directive 16/2022 – Delegation to the Superintendent of Insurance under the Captive Insurance Companies Act
  • For details, see Information for captive insurers
• Delegation to the Alberta Insurance Council and Accreditation Committee – Ministerial Directive 01/2022, effective February 23, 2022
• Insurance Intermediaries Fees and Penalties – Ministerial Directive 02/2022, effective February 23, 2022
• Automobile Insurance Rate Board – Ministerial Order 05/2019, effective February 7, 2019
  This order provided for the limitation to automobile insurance rate increases to 5% for Private Passenger Vehicles, from December 1, 2018 to August 31, 2019. The Minister of Finance will be empowered to evaluate insurers’ applications for rate increases in excess of 5%. The Minister of Finance Letter to the Chair of the Automobile Insurance Rate Board (AIRB) (PDF, 449 KB) explains the process and criteria for evaluation of requests for rate increases over 5%.
• Appointment of Examiners – Ministerial Directive 02/2011, effective April 1, 2011
• Delegation to the Alberta Insurance Council (and Protocol Agreement) – Ministerial Directive 01/2011, effective April 1, 2011
• Fees under the Insurance Act – Ministerial Order 01/2006, effective September 14, 2006
• Order re Premiums Freeze – Order in Council 592/2003, effective October 30, 2003
• Delegation to Superintendent of Insurance – Ministerial Directive 06/2001, effective September 30, 2001
• Delegation to Insurance Adjusters' Council – Ministerial Directive 03/2001, effective September 30, 2001
• Delegation to General Insurance Council – Ministerial Directive 02/2001, effective September 30, 2001
• Delegation to Life Insurance Council – Ministerial Directive 01/2001, effective September 30, 2001

Cease and Desist Orders under s.764 of the Insurance Act

• State Farm Mutual Automobile Insurance Company – December 9, 2005
• Centennial Insurance Company – November 29, 2004
• Puget's Sound Agricultural Society – March 27, 2002

Interprovincial agreements

Memoranda of Agreements with Manitoba Public Insurance Corporation (MPI) and Saskatchewan Government Insurance (SGI)

The Provinces of Manitoba and Saskatchewan have enacted a system of no-fault insurance that applies principally to residents of their respective provinces who suffer bodily injuries in automobile accidents.

MPI (for Manitoba) and SGI (for Saskatchewan) are authorized by statute to enter into agreements with governments of other provinces respecting compensation for bodily injury of (a) residents of other provinces who are involved in accidents in Manitoba or Saskatchewan, and (b) their residents who are involved in accidents outside Manitoba or Saskatchewan.

The Province of Alberta may by regulation require that automobile insurance policies issued in Alberta provide for payment of no-fault benefits to residents of Alberta who suffer bodily injuries in automobile accidents in Manitoba and Saskatchewan.

MPI (Manitoba) and SGI (Saskatchewan) and the Province of Alberta entered into the agreements available below.

Memoranda of Agreements

• Manitoba and Alberta – December 19, 1997
• Saskatchewan and Alberta – July 9, 1997

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Connect with the Office of the Alberta Superintendent of Insurance:

Hours: 8:15 am to 4:30 pm (open Monday to Friday, closed statutory holidays)
Phone: 780-643-2237
Toll free: 310-0000 before the phone number (in Alberta)
Fax: 780-420-0752
Email: [email protected]

Address:
Alberta Superintendent of Insurance
Alberta Treasury Board and Finance
Financial Sector Regulation and Policy
402 Terrace Building
9515 107 Street
Edmonton, Alberta  T5K 2C3