1 AUTOMOBILE ACCIDENT INSURANCE c A-35 The Automobile Accident Insurance Act being Chapter A-35 of The Revised Statutes of Saskatchewan, 1978 (effective February 26, 1979) as amended by the Statutes of Saskatchewan, 1979, c.69; 1979-80, c.92; 1980-81, c.34 and 83; 1982-83, c.16 and 22; 1983, c.66, 80 and 82; 1983-84, c.1, 16 and 54; 1984-85-86, c.1 and 47; 1986, c.1 and 33; 1986-87-88, c.29; 1988-89, c.37, c.42, c.44, c.54 and c.55; 1989-90, c.15; 1990-91, c.35; 1992, c.20; 1994, c.34; 1996, c.9; 1997, c.S-50.11 and 12; 1998, c.18; 2000, c.A-5.3, I-2.01 and 5; 2001, c.33; 2002, c.44; 2004, c.L-16.1, T-18.1 and 35; 2005, c.5; 2006, c.25; 2011, c.3; 2012, c.14; 2013, c.S-15.1, W-17.11 and c.27; 2014, c.E-13.1; 2015, c.F-13.1001, c.I-9.11, c.21 and c.28; 2016, c.11, c.27 and c.28; 2018, c.6, c.21 and c.42; 2020, c.20; and 2022, c.4. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c A-35 AUTOMOBILE ACCIDENT INSURANCE Table of Contents SHORT TITLE DIVISION 3 1 Short title Death and Funeral Benefits INTERPRETATION 27  Weekly death benefits 2 Interpretation of act 27.1 Weekly death benefits – dependant PART I Application for Insurance and Certificate 27.2 Capitalization of weekly death benefits  3  Issue of licences, certificates, etc., under Vehicle 27.3 Lump sum death benefit Administration Act conditional 27.4 Funeral benefit 4 Application for insurance DIVISION 4 5 Basic rates Permanent Impairment Benefits 6 Safety rating assessment 28  Permanent impairment benefits 7 Notice of changes to safety ratings 28.1 Evaluation of permanent impairment 7.1 Sending of written notices 28.2 Interest on permanent impairment benefit 7.2 Appeals of safety rating to board 29  Calculation of lump sum benefit 7.3 Hearing of appeal by board 29.1 Continuous idemnity 7.4 Appeal not to stay decision 29.2 When Division 4 benefits not payable 7.5 Proof 8 Power to vary rates DIVISION 5 Indexation of Benefits 9 Repealed 30 Interpretation of Division 10 Repealed 30.1 Timing of required adjustments 10.1 Appeal of additional premium to board 30.2 Calculation of adjustment 11 Appeal pursuant to section 10.1 not to stay decision 30.3 Cap on adjustments 11.1 Deduction of moneys owing 12  Issue of certificate, motor vehicle liability insurance cards DIVISION 6 13  Non-issue of certificate in certain case General Matters respecting Part II Benefits 14 Repealed 30.4 Payment of benefits 15 Effect of cancellation of registration, etc. 30.5 When payment for catastrophic injury may be made 16  Expiration of certificate 31  Effect of judgment on benefits 17  Conditions of certificate issued with permit 32 No enforcement 17.1 Certain certificates not valid after July 31, 1999 33 No waiver 18 Owner insured in another jurisdiction 34  Exemptions – when insurer not to pay benefits  pursuant to this Part 19 Power to except certain non-residents from application of Act PART II DIVISION 7 Bodily Injury Benefits Statutory Conditions DIVISION 1 35 Statutory conditions Application of Part and General Benefits PART II.1 20 Application of Part Motorcycle Bodily Injury Benefits 20.1 Bodily injury benefits DIVISION 1 21  Medical or rehabilitation benefits Application of Part and Motorcycle Election 35.1 Interpretation DIVISION 2 35.11 Application of Part Weekly Benefits 35.12 Motorcycle election 22 Total disability for employed persons within 104 weeks 35.13 Meaning of motorcycle election 22.1 Partial disability for employed persons within 104 weeks DIVISION 2 23 Total disability for employed persons after 104 weeks General and Rehabilitation Benefits 24 Total disability for homemaker within 104 weeks 35.14  Medical or rehabilitation benefits 24.1 Relapse of bodily injuries within 104 weeks DIVISION 3 24.2 Relapse of bodily injuries within 104 weeks Weekly Benefits 25  Confinement benefit 35.2 Total disability for employed persons within 104 weeks 26  Limited liability where total benefits exceed money value of 35.21 Partial disability for employed persons within 104 weeks the income of an insured 35.22 Total disability for employed persons after 104 weeks 26.1 When Division 2 benefits not payable 35.23 Total disability for homemaker within 104 weeks 35.24 Partial disability for homemaker within 104 weeks 3 AUTOMOBILE ACCIDENT INSURANCE c A-35 35.241 Relapse of bodily injuries after 104 weeks DIVISION 9 35.25  Confinement benefit Recovery of Benefits 35.84 Overpayment 35.26  Limited liability where total benefits exceed money value of the income of an insured 35.85 Time limits for recovery DIVISION 4 35.86 Cancellation of overpayment Death and Funeral Benefits 35.87 Certain amounts not overpayments 35.3  Weekly death benefits DIVISION 10 35.31  Weekly death benefits – dependant Compensation Pursuant to Other Plans 35.32  Capitalization of weekly death benefits 35.9 Private insurance claims not affected 35.33  Lump sum death benefit 35.91  Exemptions – when insurer not to pay   benefits pursuant to this Part 35.34  Funeral benefit 35.92 Subrogation for compensation pursuant to other Acts DIVISION 5 Permanent Impairment Benefits DIVISION 11 35.4  Permanent impairment benefits General 35.93 Substantial compliance with forms and notices 35.401  Interest on permanent impairment benefit 35.94 Rights on subrogation 35.41 Evaluation of permanent impairment 35.95 Non-compellability 35.5  Calculation of lump sum benefit DIVISION 6 PART III Claims Comprehensive Insurance and Insurance Money 35.6  Application for benefits 36 Application of Part 35.61 Time limits for applying 37 Interpretation 35.62 Release of information 38 Comprehensive insurance 35.63 Examination by practitioner 39 Statutory conditions 35.64 Report of examination PART IV 35.65 Proof of salary Bodily Injury and Property Damage Liability 35.66 Report of accident 40 Interpretation of Part 35.67 Claimant to advise of changes DIVISION 2 35.68 Insurer to advise and assist claimants Limits on Actions and Tort Election DIVISION 7 40.1 Actions for bodily injury prohibited Payment of Benefits and General Matters 40.2 Tort election Respecting Part II.1 Benefits 40.3 Rules respecting tort election 35.7  No benefits for suicide 40.4 Change in coverage 35.71  No Part II.1 benefits to occupants of stolen motor vehicles 35.72  When Division 3 benefits not payable DIVISION 3 35.73  When permanent impairment benefits not payable Tort Actions Available to Part II Beneficiaries 35.74 Proof of conviction 41  Tort actions against Part II beneficiary 35.75 When insurer may refuse to pay or may reduce, suspend 41.01 Action pursuant to section 4.1 of The Fatal Accidents   or terminate benefits Act – Part II beneficiary 35.76  Payment of benefits 41.1  Rules respecting actions available to Part II beneficiary 35.761 When payment for catastrophic injury may be made DIVISION 3.1 35.77 Accidents outside Saskatchewan Tort Actions Available to Part II.1 Beneficiary 35.78 Subrogation re accidents in Saskatchewan 41.12 Tort actions for economic loss 35.79 No enforcement 41.13 Tort action for non-economic loss DIVISION 8 41.131 Action pursuant to section 4.1 of The Fatal Accidents Indexation of Benefits Act – Part II.1 beneficiary 35.8 Interpretation of Division 41.14 Repealed 35.81 Timing of required adjustments DIVISION 3.2 35.82 Calculation of adjustment Tort Actions Available to Part VIII Beneficiary 35.83 Cap on adjustments 41.151 Tort actions for economic loss 41.16 Tort action for non-economic loss 41.17 Action pursuant to section 4.1 of The Fatal Accidents Act – Part VIII beneficiary 4 c A-35 AUTOMOBILE ACCIDENT INSURANCE DIVISION 4 78 Misrepresentation, fraud, violation of Act, etc., General Matters re Bodily Damage and renders claim invalid Property Damage Liability Insurance 79 Repealed 42 Bodily injury liability and property damage 80  Subrogation – payments pursuant to Parts II, III and IV liability insurance 80.1 Insurer subrogated 43 Repealed 80.2 Suspension pending recovery of payments 44 Additional expenditures 80.3 Fees and charges paid in instalments 44.1 No set-off 81 Regulations 44.2 Insurer subrogated re certain payments 81.1 Exemption 45 Application of insurance money 82 Right of access to records, etc. 46 Insured to give notice of action 83 Powers additional to existing powers 47 Unnamed insured may recover indemnity 84 The Insurance Act does not apply STATUTORY CONDITIONS 85 Act to prevail 48 Statutory conditions 86 No action, etc., against persons administering Act 49 Operator further insured 86.1 Immunity 50  Insurance proof of financial responsibility 86.2 Offence – general 51 Remedy for injuries, etc., in hit-and-run accident PART VII 51.1 Remedy against insurer where action The Saskatchewan Auto Fund against person prohibited 87 Fund established 52 Uninsured motor vehicles 88 Board of directors 53 Insurer agent of owner of uninsured motor vehicle 89 Property to belong to Crown for service of process 90 Accounting 54 Application for payment by insurer where person has cause of action 91 Revenues and expenditures 55 Application for payment of judgment 92 Investments 56 Non-application of section 55 93 Powers of insurer 57 Assignment of judgment 94 Annual report 58 Restriction on payments under section 51, 54 or 55 95 Audit 59 Same 96 Acts of insurer 60 Payments to non-residents 97 Allocation of certain costs and expenses 98 Manner of holding property PART V Jurisdiction of Court 99 Transitional 61 Interpretation PART VIII 62 Actions in court Bodily Injury Benefits (No Fault) 63 Repealed DIVISION 1 Interpretation of Part 64  Consolidation of actions for benefits or insurance money 100 Interpretation of Part 65 Relief from forfeiture 66 Proof of intoxication DIVISION 2 Application of Part VIII and Bodily Injury Benefits 66.1 Proof of conviction 101 Application of Part PART VI 102 Repealed Miscellaneous 103 Repealed 67 Change in capacity to operate vehicle 104 Repealed 68 Reports of accidents 105 Repealed 69  Duty of police officer 106  Bodily injury benefits 70 Additional reports 107  No benefits for suicide 71 Limits on public inspection re reports and statements 107.1  No Part VIII benefits to occupants of stolen 72 Duty of physician motor vehicles 73 Duty of employer 108  Benefits for Saskatchewan residents and, if in a  74 Offence reciprocity agreement, for non-Saskatchewan residents 75 Notices, how given 109  Benefits for non-residents 76 Effect of delivery of receipt for premium 109.1 Right to carry on action outside Saskatchewan 77 Waiver to be in writing continued in certain circumstances 77.1 Ex gratia payments 110 Accidents outside Saskatchewan 77.2 Use of annuities 111 Subrogation re accidents in Saskatchewan 5 AUTOMOBILE ACCIDENT INSURANCE c A-35 DIVISION 3 MEDICAL APPOINTMENTS Rehabilitation 143 Medical appointments 112 Rehabilitation DIVISION 5 DIVISION 4 Death Benefits Income Replacement Benefit 144  Death benefits 113  Income replacement benefit 145  Death benefit – dependant 114 When more remunerative employment to be used 146  Capitalization of death benefits 115  Income replacement benefit for catastrophic impairment 147  Lump sum death benefit 115.1 Income replacement benefit for catastrophic injuries 148  Funeral benefit before August 1, 2002 149  Education benefit for surviving spouse SUBSTITUTE WORKER ELECTION 150 Vocational counselling 116 Substitute worker election 151 Repealed 117  Substitute worker benefit DIVISION 6 FAMILY ENTERPRISE BENEFITS Permanent Impairment Benefit 118  Family enterprise benefit 152  Permanent impairment benefit 153  When beneficiary dies CAREGIVER BENEFITS 154 Evaluation of permanent impairment 119  Caregiver benefits 155  Calculation of lump sum benefit 120  Other weekly benefits 155.1  Interest on permanent impairment benefit STUDENTS DIVISION 7 121  Loss of studies benefit  Benefits for Expenses 122  Income replacement benefit – during studies 156  Benefits for living assistance expenses 123  Income replacement benefit – after studies 157  Benefits – other expenses 124  Student entitled to one benefit only 158 Examination by practitioner 125 Loss of scholarship, tuition, text books 159 Transportation and lodging expenses 160  Benefits for accompanying insured REDUCTION OF INCOME REPLACEMENT BENEFITS 160.1  Benefits for attending on insured requiring critical care 126 Reduction if insured earns reduced income 161 Additional expenses 127 Insureds near 65 years or older 162 Financial counselling 128  Lump sum benefit 162.1 Counselling 129  Reduction of benefit if partially capable 162.2 Leisure and recreation 130  When benefit not payable DIVISION 8 TERMINATION OF DIVISION 4 BENEFITS Claims 131  Termination of benefits 163  Application for benefits 164 Time limits for applying RESIDUAL EMPLOYMENT DETERMINATION 165 Release of information 132 Determined employment after second anniversary 166 Proof of salary 133 Determination of employment for students 167 Report of examination 134 Factors in determining employment 168 Report of accident 135 Reduction for determined employment 169 Reimbursement for costs of report CALCULATION OF DIVISION 4 BENEFITS 170 Claimant to advise of changes 136 Maximum yearly insurable earnings 171 Insurer to advise and assist claimants 137 Industrial average wage DIVISION 9 138  Limit on income replacement benefits Payment of Benefits 139 Calculation of net income 172  Payment of benefits RELAPSE 173 When payment for castrophic injury may be made 140 Relapse within two years 174  When Division 4 benefits not payable 141 Relapse after two years or later 175  When permanent impairment benefits not payable 142  Limits on benefits 176 Proof of conviction 6 c A-35 AUTOMOBILE ACCIDENT INSURANCE 177  Beneficiary may appeal decision of insurer DIVISION 11.2 Appeal Advisor 178  Payment of loss of studies benefit 196.6  Appeal advisors – appointment and role 179  To whom benefits to reimburse expenses may be paid 196.7 Disclosure of documents to appeal advisor 180 Payment to estate 181 Payment to guardians DIVISION 12 182  Benefits, other than income replacement benefits, not Recovery of Benefits subject to seizure or assignment 197 Overpayment 183 When insurer may refuse to pay or may reduce, suspend 198 Time limits for recovery     or terminate benefits 199 Cancellation of overpayment DIVISION 10 200 Certain amounts not overpayments Indexation of Benefits DIVISION 13 184 Interpretation of division Compensation pursuant to other Acts and Plans 185 Timing of required adjustments 201 Private insurance claims not affected 186 Calculation of adjustment 202 Compensation pursuant to The Workers’ Compensation 187 Cap on adjustments Act, 2013 or other legislation 203  Disability payments to reduce income replacement benefit DIVISION 11 Insurer’s Decision and Appeals 204 Subrogation for compensation pursuant to other Acts 188  Insurer’s decisions final DIVISION 14 189 Insurer to give written reasons General 190 Mediation 205 Substantial compliance with forms and notices 191 Right to appeal 206 Ex gratia payments 192 Court rules apply to proceeding before the court 207 Immunity 193 Conduct of appeal before appeal commission 208 Non-compellability 194 Appeal to the Court of Appeal 209 Agreements 195 Variation of compensation 210 Calculation of interest rates 195.1 Dismissal of appeal for want of prosecution of appeal 211 Service 196 Appeal does not stay decision 212 Rights on subrogation 213 Inspection of vehicle DIVISION 11.1 Appeal Commission 214 Use of collected information 196.1 Appeal commission established 215 Part to prevail 196.2 Panels of appeal commission 216 Regulations 196.3 Evidence 217  Transitional –  rehabilitation benefits 196.4 Rules respecting hearings 218  Transitional – income replacement benefits 196.5 Remuneration and employees 218.1  Transitional – appeals and commission 219 Repealed 220 Repealed 7 AUTOMOBILE ACCIDENT INSURANCE c A-35 CHAPTER A-35 An Act respecting Insurance against Certain Losses resulting from Certain Motor Vehicle Accidents SHORT TITLE Short title 1 This Act may be cited as The Automobile Accident Insurance Act. INTERPRETATION Interpretation of Act 2(1) In this Act: (a) “accident” means any event in which property damage or bodily injury is caused by a motor vehicle; (b) “administrator” means the person designated as the administrator pursuant to The Traffic Safety Act; (c) “basic premium” means the appropriate basic premium established pursuant to subsection 5(2); (d) “beneficiary” means a person who applies for and is entitled to receive benefits; (e) “benefits” means, except when used in reference to benefits payable  pursuant to another Act or any legislation of another jurisdiction, any benefits  payable pursuant to Part II, II.1 or VIII; (f) “board” means the Highway Traffic Board continued pursuant to The Traffic Safety Act; (g) “bodily injury” means any physical or mental injury, including any acquired brain injury, permanent physical or mental impairment or death; (h) “bodily injury caused by a motor vehicle” means bodily injury caused by a motor vehicle, by the use of a motor vehicle or by a load, including bodily injury caused by a trailer used with a motor vehicle, but does not include bodily injury mentioned in subsections 20(3), 35.11(2) and 101(2); (i) “bodily injury liability insurance” means the obligation of the insurer pursuant to this Act to pay insurance money in the event of bodily injury to any person as a result of one of the perils mentioned in section 42; 8 c A-35 AUTOMOBILE ACCIDENT INSURANCE (j) “catastrophic injury” means a catastrophic injury as defined in the  regulations made pursuant to section 81 or 216; (k) “certificate” means a certificate of insurance issued in accordance with  this Act; (l) “child”, with respect to an insured, includes: (i) a person to whom the insured stands in the place of a parent; and (ii) a person for whose support an insured was, at the date of the accident, liable pursuant to any Act or Act of the Parliament of Canada; (m) “claimant” means a person who applies for a benefit; (n) “comprehensive insurance” means the obligation of the insurer to pay insurance money pursuant to Part III to an insured in the event of loss or damage to a motor vehicle; (o) “dealer” means a person who is the holder of a valid licence issued pursuant to The Motor Dealers Act; (o.1) “dependant”, with respect to an insured, means: (i) a child of the insured who is under 21 years of age at the date of an accident and includes a child of the insured born after the accident or death of the insured; or (ii) any person who would qualify for a tax credit pursuant to section 118.3 of the Income Tax Act (Canada) for a mental or physical impairment and who is dependent on the insured for the necessities of life at the date of an accident; (p) “employment” means the state of being employed for remuneration; (q) “fund” means the Saskatchewan Auto Fund established pursuant to section 87; (r) “garage” means a building or part of a building within or in connection with which service is rendered on a motor vehicle in the ordinary course of business; (s) “homemaker” means a person who: (i) manages, maintains and controls an independent domestic establishment without remuneration; and (ii) is not employed; (s.1) “industrial average wage” means the industrial average wage as calculated in the manner set out in section 137; (t) “insurance” means insurance provided pursuant to this Act; (u) “insurance money” means any payment that the insurer is authorized or required to make pursuant to Part III or IV; 9 AUTOMOBILE ACCIDENT INSURANCE c A-35 (v) “insured” means: (i)  a person to whom or with respect to whom benefits are payable  pursuant to Part II, II.1 or VIII, as the case may be; (ii) a person to whom insurance money is payable pursuant to Part III; or (iii) a person to whom or on whose behalf insurance money is payable for bodily injury or loss or damage to property as a result of one of the perils mentioned in section 42; (w) “insurer” means Saskatchewan Government Insurance; (x) “licence period” means: (i)  in the case of an owner’s certificate, any period for which a certificate  of registration for a motor vehicle, trailer or semi-trailer is issued pursuant to The Traffic Safety Act: (A)  commencing on the time and day the certificate of registration  is issued; and (B)  ending on the day on which the certificate of registration  expires; and (ii)  in the case of an operator’s certificate, the period: (A)  commencing on the first day of the month next following the  anniversary of the birth of the applicant; and (B)  ending on the date set out on the certificate; (y) “load” means any property carried in or on a motor vehicle; (z) “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; (aa) “motor vehicle” means any motor vehicle propelled by any power other than muscular force and adapted for transportation on highways, but not on rails; (aa.1) “motorcycle” means a motorcycle as defined in the regulations; (aa.2) “motorcycle election” means a written election made by a Saskatchewan resident that complies with the requirements of Part II.1; (bb) “necessities of life” means food, clothing, lodging and other reasonable necessaries for the maintenance of life and continuation of a person’s health; (cc) “nuclear energy hazard” means the radioactive, toxic, explosive or other hazardous properties of a nuclear substance within the meaning of the Nuclear Energy Act (Canada); 10 c A-35 AUTOMOBILE ACCIDENT INSURANCE (cc.1) “occupant of a stolen motor vehicle” means an insured who is the occupant of a motor vehicle involved in an accident and who, in connection with that motor vehicle, is convicted of an offence pursuant to: (i) section 322, 333.1, 334 or 354 of the Criminal Code; or (ii) a law of a state of the United States of America that is substantially similar to an offence mentioned in subclause (i); (dd) “operator’s certificate” means a certificate of insurance issued to a  person holding a licence or other permit to drive a motor vehicle pursuant to The Traffic Safety Act; (ee) “owner’s certificate” means a certificate of insurance issued to a  person with respect to the ownership of a motor vehicle for which a certificate  of registration, a dealer’s certificate or a trailer certificate of registration has  been issued pursuant to The Traffic Safety Act; (ff) “parent” means: (i) the mother or the father of a child; (ii) a person to whom custody of a child has been granted by a court of competent jurisdiction or by a custody agreement; or (iii) a person with whom a child resides and who stands in the place of a parent to the child; (ff.01) “Part II beneficiary” means an individual who has provided a tort election to the insurer pursuant to sections 40.2 and 40.3; (ff.02) “Part II.1 beneficiary” means an individual who has provided a motorcycle election to the insurer pursuant to section 35.12; (ff.1) “Part VIII beneficiary” means an individual who, if that individual were to sustain a bodily injury caused by a motor vehicle arising out of an accident, would be entitled to benefits pursuant to Part VIII; (gg) “permanent impairment” includes a permanent anatomical or physiological deficit, a permanent disfigurement, a permanent acquired brain  injury or any other prescribed permanent impairment; (hh) “power unit” means a motor vehicle used solely for the purpose of drawing a semi-trailer; (ii) “practitioner” means: (i) a physician or surgeon; (ii) a dentist; (iii) a physical therapist; (iv) an optometrist; (v) a psychologist; (vi) a psychiatrist; (vii) a chiropractor;