A-25, r. 8 - Regulation respecting exemptions from the obligation to hold a liability insurance contract

Updated to 7 July 2022

This document has official status.

chapter A-25, r. 8

Regulation respecting exemptions from the obligation to hold a liability insurance contract

Automobile Insurance Act

(chapter A-25, s. 196, par. c).

1. The owners of the categories of automobiles indicated in this section are exempt from the obligation referred to in section 84 of the Automobile Insurance Act (chapter A-25) to hold a liability insurance contract guaranteeing compensation for property damage caused by their automobile:

(1)  automobiles of the Government of Canada, its departments and agencies;

(2)  automobiles referred to in subparagraphs 2 and 3 of the first paragraph of section 10 of the Automobile Insurance Act, as defined in the Regulation respecting the application of the Automobile Insurance Act (chapter A-25, r. 1);

(3)  objects that, although not automobiles per se, have been temporarily converted into automobiles by the addition of detachable or auxiliary axles;

(4)  mopeds within the meaning of the Highway Safety Code (chapter C-24.2);

(5)  vehicles without a motor but with a load space, whether or not the loads are carried independently when hauled by an automobile (trailers and semi-trailers), including trailers converted into permanent dwellings (house trailers and tent trailers);

(6)  road vehicles whose manufacture dates back more than 25 years and antique vehicles referred to in section 137 of the Regulation respecting road vehicle registration (chapter C-24.2, r. 29);

(7)  automobiles for which a temporary registration certificate is issued under sections 31 to 35 and 37 to 41 of the Regulation respecting road vehicle registration, for as long as the certificate is valid;

(8)  automobiles of a municipality that has adopted a resolution by which the municipality makes the decision to opt for self-insurance for its automobiles;

(9)  automobiles of the Réseau de transport de Longueuil and the Société de transport de Montréal.

The owners of the automobiles referred to in subparagraphs 8 and 9 of the first paragraph are bound by the direct compensation agreement established by the Groupement des assureurs automobiles, in the same manner as an authorized insurer, in accordance with the Automobile Insurance Act.

For the purposes of subparagraph 8 of the first paragraph,

(1)  a copy of the resolution must be sent to the Société de l’assurance automobile du Québec within 20 days following the date of its adoption by the municipality. The exemption provided for in that paragraph becomes effective on the 30th day following the date of the adoption of the resolution;

(2)  a municipality that has sent a copy of the resolution referred to in subparagraph 8 of the first paragraph may withdraw from the exemption provided for in that paragraph. To that end, the municipality must adopt a resolution by which the municipality makes the decision to put an end to the self-insurance option for its automobiles and send a copy of the resolution to the Société within 20 days following the date of its adoption. The withdrawal from the exemption provided for in that paragraph becomes effective on the 30th day following the date of the adoption of the resolution.

O.C. 614-84, s. 1; O.C. 1753-88, s. 1; O.C. 934-2010, s. 1; O.C. 998-2022, s. 1.

2. This Regulation replaces the Regulation respecting exemptions from the obligation to hold a liability insurance contract (O.C. 1335-82, 82-06-02).

O.C. 614-84, s. 2.

3. (Omitted).

O.C. 614-84, s. 3.

TRANSITIONAL

2022

(O.C. 998-2022) SECTION 2. The municipalities of Laval, Longueuil, Québec and Montréal continue to be exempt, with respect to their automobiles, from the obligation provided for in section 84 of the Automobile Insurance Act (chapter A-25) and to be bound, in accordance with the second paragraph of section 1 of that Regulation, by the direct compensation agreement established by the Groupement des assureurs automobiles.

However, they may withdraw from the exemption in accordance with subparagraph 2 of the third paragraph of section 1 of that Regulation, as enacted by paragraph 2 of section 1 of this Regulation.

REFERENCES

O.C. 614-84, 1984 G.O. 2, 1289

O.C. 1753-88, 1988 G.O. 2, 3938

O.C. 934-2010, 2010 G.O. 2, 2937

O.C. 998-2022, 2022 G.O. 2, 1971