MOTOR VEHICLE ACCIDENT CLAIMS REGULATION

Transcription

1 Province of Alberta MOTOR VEHICLE ACCIDENT CLAIMS ACT MOTOR VEHICLE ACCIDENT CLAIMS REGULATION Alberta Regulation 189/1998 With amendments up to and including Alberta Regulation 180/2017 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer Suite 700, Park Plaza Avenue Edmonton, AB T5K 2P7 Phone: Fax: qp@gov.ab.ca Shop on-line at

2 Copyright and Permission Statement Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format: Alberta Queen's Printer, 20.* *The year of first publication of the legal materials is to be completed. Note All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

3 (Consolidated up to 180/2017) ALBERTA REGULATION 189/98 Motor Vehicle Accident Claims Act MOTOR VEHICLE ACCIDENT CLAIMS REGULATION Table of Contents 1 Definitions 2 Fee payable 3 Prorated fee 4 Exempt vehicles 5 Payment from Fund 6 Rates 7 Limit on payment 8 Repeal Schedule Definitions 1 In this Regulation, (a) Act means the Motor Vehicle Accident Claims Act; (b) Fund means the General Revenue Fund. Fee payable 2 The fee payable by an owner of a motor vehicle under section 2 of the Act is $6 for each motor vehicle. AR 189/98 s2;251/2001 Prorated fee 3 The fee referred to in section 2 may be prorated and is refundable as if it were part of the registration fee payable under the Traffic Safety Act. AR 189/98 s3;221/2004 Exempt vehicles 4 The following classes of motor vehicle are exempt from the application of section 2 of the Act:

4 Section 5 MOTOR VEHICLE ACCIDENT CLAIMS REGULATION AR 189/98 (a) a motor vehicle registered as an antique motor vehicle pursuant to the Operator Licensing and Vehicle Control Regulation (AR 320/2002); (b) a motor vehicle operated under the authority of an intransit permit issued under the Traffic Safety Act. AR 189/98 s4;251/2001;221/2004 Payment from Fund 5(1) The Administrator may require such information from an applicant as the Administrator considers necessary to determine the validity and amount of the applicant s claim for payment from the Fund. (2) The Administrator may employ the services of special investigators, appraisers, adjusters and such other persons as the Administrator considers necessary for the purpose of considering applications for payment from the Fund. (3) Prior to authorizing payment from the Fund, the Administrator may require a judgment creditor to (a) examine the judgment debtor in aid of execution, (b) file a writ of enforcement, (c) take all reasonable steps to collect the judgment or claim from the judgment debtor, or (d) disclose any amount that has been paid in satisfaction of the judgment. (4) The Administrator may authorize payment from the Fund, for services performed in connection with proceedings under the Act subsequent to obtaining judgment, of costs not exceeding (a) the actual disbursements, and (b) the following costs: (i) costs under Schedule C to the Alberta Rules of Court (AR 124/2010) where the application or action was commenced in the Court of Queen s Bench; (ii) costs under the Provincial Court Fees and Costs Regulation (AR 18/91) where the application or action was commenced in the Provincial Court. AR 189/98 s5;231/2007;164/2010 2

5 Section 6 MOTOR VEHICLE ACCIDENT CLAIMS REGULATION AR 189/98 Rates 6 The rates of fees to be paid from the Fund are set out in the Schedule. Limit on payment 7 The amount that is prescribed for the purposes of section 10(3) and (4) of the Act in respect of an accident that occurs on or after June 1, 1997 is $ , excluding costs. AR 189/98 s7;251/2001;221/2004 Repeal 8 The General Regulations (AR 227/77) are repealed. 9 Repealed AR 180/2017 s2. Schedule 1(1) Hospitalization fees are equal to the hospitalization rates for standard wards under the Hospitalization Benefits Regulation (AR 244/90). (2) No hospitalization fees shall be paid if the hospital account is payable under (a) any other legislation of Alberta, (b) any legislation of another province, or the Government of Canada, or (c) an insurance scheme that is in effect for the benefit of the applicant at the time the applicant is hospitalized. (3) Notwithstanding subsection (2), where a hospital account is paid in part under other legislation or an insurance scheme, the Administrator may authorize payment of the portion of the hospital account that is still owing by the patient. 2(1) Ambulance service fees and associated kilometre fees for emergency response services, basic life support services, advanced life support services, standby charges, response fees and air ambulance escort are payable at the same rates as are approved and paid by the Minister of Health for the provision of ambulance services. (2) In a case where there is no ambulance service available in a city, town or village and an ambulance is required to be called from 3

6 Schedule MOTOR VEHICLE ACCIDENT CLAIMS REGULATION AR 189/98 another place, the Administrator may agree to such a rate of fees as the Administrator considers reasonable. 3 Where payment out of the Fund is authorized by the Administrator, the fee for completing (a) an application under section 4, 5 or 7 of the Act, and (b) the assignment of the claim or judgment, as the case may be, is $ (1) Fees for removal and storage of vehicles shall not exceed the following: (a) for each vehicle towed within the corporate limits of Edmonton and Calgary: $30 per tow; (b) for each vehicle towed within the corporate limits of a city, town or village, other than Edmonton and Calgary: $20 per tow; (c) for each vehicle towed from outside the corporate limits of a city, town or village, an additional fee of $20 per hour for each hour spent outside the corporate limits of the city, town or village, as the case may be; (d) for each vehicle stored up to a maximum of 90 days: $5 per day. (1.1) Where the Administrator authorizes more than one tow truck or traffic control vehicle to be used to remove a vehicle, the fee under subsection (1)(a), (b) or (c) applies to each tow truck or traffic control vehicle authorized. (1.2) The maximum period of 90 days specified in subsection (1)(d) does not apply if the motor vehicle being stored has been seized or immobilized pursuant to section 173.1(1) of the Traffic Safety Act. (2) In addition to fees payable under subsection (1), the Administrator may authorize the following fees where the Administrator considers that the use of a transport dolly, winch or other special equipment is necessary: 4

7 Schedule MOTOR VEHICLE ACCIDENT CLAIMS REGULATION AR 189/98 (a) $15 per hour for the use of a transport dolly; (b) $35 per hour for winching service; (c) an hourly rate as set forth in a contract made between the Administrator and a contractor for the use of special equipment. AR 189/98 Sched.;206/2001;251/2001;231/2007;207/2009;177/2012 5

8 * * Printed on Recycled Paper