Financial Services Commission of Ontario (FSCO) has amended the regulations under the Insurance Act to reflect changes to the federal Criminal Code related to the legalization of cannabis, which came into effect on October 17, 2018.
The related bulletin from FSCO can be found by clicking here.
What this means for you as a driver and for you as a business owner employing drivers is that the definition of illegal use has been expanded to include the use of “drugs”.
The new legislation reads as such:
“We won’t pay for loss or damage caused in an incident:
- If you are unable to maintain proper control of the automobile because you are driving or operating the automobile while under the influence of intoxicating substances;
- If you are convicted of one of the following offences under the Criminal Code of Canada relating to the operation, care or control of the automobile, or committed by means of an automobile, or any similar offence under any law in Canada or the United States:
- Causing bodily harm by criminal negligence
- Dangerous operation of motor vehicles
- Failure to stop at the scene of an accident
- Operation of an automobile while the concentration of alcohol or drug in the operator’s blood exceeds the limit permitted by law (reference to drug in system is new April 1, 2019)
- Refusal to comply with a lawful demand to provide a breath sample, perform physical coordination tests or submit to an evaluation (refusal to perform physical co-ordination tests or submit to an evaluation is new April 1, 2019)
- Causing bodily harm during operation of a vehicle while impaired by alcohol or a drug or a combination of alcohol and a drug or while the concentration of alcohol or drug in the operator’s blood exceeds the limit permitted by law, or (bodily harm caused by drug or combination of drug and alcohol while driving that exceeds the limit permitted by law. The reference to driving with blood alcohol of 80mg of alcohol in blood has been removed and replaced with limit exceeded by law. Both changes effective April 1, 2019)
- Operating a motor vehicle while disqualified from doing so;
- If you use or permit the automobile to be used in a race or speed test, or for illegal activity;
- If you drive the automobile while not authorized by law; and
- If another person, with your permission, drives or operates the automobile under any of these conditions.”