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IMPORTANT INFORMATION |
190 If the charges and expenses of adjusting a loss under a policy are in the opinion of the insured unjust and excessive, the insured may refer the matter to the superintendent, who must investigate it and may reduce or increase the amount of the charges and expenses, and the superintendent's decision is final and binding on all parties concerned.
191 (1) An action for damages because of anything done or omitted to be done in good faith
(a) in the performance or intended performance of any duty, or
(b) in the exercise or intended exercise of any power
(2) Subsection (1) does not absolve the government from vicarious liability for an act or omission of the superintendent or a person who is subject to the superintendent's direction for which act or omission the government would be vicariously liable if this section were not in force.
192 (1) The Lieutenant Governor in Council may make regulations referred to in section 41 of the Interpretation Act.
(2) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) extending the provisions of this Act or any of them to a system or class of insurance not particularly mentioned in this Act;
(b) defining, for the purpose of the regulations, any words or expressions not defined in this Act;
(c) prescribing increased benefits or additional beneficiaries required to be included in a contract of insurance;
(d) amending, altering, adding to, or removing any special provisions, definitions and exclusions prescribed in the contract of insurance;
(e) extending the insurance beyond that prescribed in this Act;
(f) exempting any person or class of persons from any of the provisions of this Act;
(g) prescribing circumstances in which the superintendent may suspend or cancel an exemption otherwise applicable to a person under a regulation made under paragraph (f);
(h) generally to make other regulations as may be necessary or advisable to carry out the intent and purpose of the Act.
(3) Without limiting subsection (1), the Lieutenant Governor in Council may, on the recommendation of the minister responsible for the Homeowner Protection Act, make regulations as follows:
(a) prescribing mandatory conditions that must be contained in a home warranty insurance;
(b) prescribing minimum standards for the coverage to be provided by home warranty insurance, including periods of coverage, the time at which coverage begins and coverage limits;
(c) prescribing permitted exclusions of coverage, waiver, limitations or qualifications under home warranty insurance;
(d) prescribing terms that must not be included in home warranty insurance;
(e) prescribing terms and conditions that apply to insurers with respect to home warranty insurance;
(f) prescribing classes of new homes, renovations and home warranty insurance, and categories of residential builders and residential renovators.
(4) A regulation made under subsection (3) may be made applicable generally or to specific persons, new homes, renovations or home warranty insurance or to a category of persons or class of new homes, renovations or home warranty insurance, and may provide differently for different persons, new homes, renovations or home warranty insurance or for different categories of persons or classes of new homes, renovations or home warranty insurance.
(5) Without limiting subsection (1), the Lieutenant Governor in Council may make regulations as follows:
(a) prescribing mandatory conditions that must be contained in a deposit protection contract;
(b) prescribing permitted exclusions of coverage, waiver, limitations or qualifications under deposit protection contracts;
(c) prescribing terms that must not be included in deposit protection contracts;
(d) prescribing terms and conditions that apply to insurers with respect to deposit protection contracts.
194 An insurer or person who carries on any business contrary to or fails to comply with or violates this Act or a regulation made under it commits an offence against this Act.
195 Proceedings for an offence under this Act must not be commenced in any court more than 2 years after the facts on which the proceedings are based first come to the knowledge of the superintendent.
196 If a person is convicted of an offence
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