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Auto transport home >> geniemove: May 2008

Friday, May 30, 2008

Development of the STIP

This Statewide Transportation Improvement Program is the product of months of staff work and deliberations involving the New Jersey Department of Transportation (NJDOT), the New Jersey Transit Corporation (NJ TRANSIT), county and municipal transportation planners and engineers, other transportation implementing agencies, the public and elected officials at the state, county, and municipal levels. The main decision-making forums for selecting projects for this program were the state's three metropolitan planning organizations:

* The North Jersey Transportation Planning Authority (NJTPA), covering Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union, and Warren counties.

* The Delaware Valley Regional Planning Commission (DVRPC), covering Burlington, Camden, Gloucester, and Mercer counties.

* The South Jersey Transportation Planning Organization (SJTPO), covering Atlantic, Cape May, Cumberland, and Salem counties.

The process of building the current STIP began in the fall of 2006, with intensive staff work by NJDOT, NJ TRANSIT, and the MPOs.

All projects that were identified as potential candidates for inclusion in the regional transportation improvement programs of each of the three MPOs were subjected to intensive screening to verify project scope, status, schedule, and cost. The resulting "pool" of projects was analyzed independently by NJDOT, NJ TRANSIT, and the MPOs to assign each project a priority based on the extent to which it would advance identified regional and statewide objectives, such as objectives set forth in the state and regional long-range transportation plans, the New Jersey Capital Investment Strategy, air quality objectives, and the broad social and economic goals of the State Development and Redevelopment Plan. NJDOT developed and circulated revenue projections for planning purposes to each of the MPOs, based on the best current assessment of available state, federal, and other funds. NJDOT, NJ TRANSIT and each of the three MPOs entered into intensive discussions to negotiate a list of deliverable transportation projects that best fit the composite statewide and regional priorities within a financially constrained program. These negotiated project lists were used as the basis for publishing the Fiscal Year 2008 Proposed Transportation Capital Program by NJDOT and NJ TRANSIT on March 30, 2007, and for preparing TIPs for further analysis by each of the MPOs.

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Thursday, May 29, 2008

Multi-Year Funding

Multi-year funding is a process whereby the costs of a phase of work of a project are spread out over several STIP years. Each fiscal year of the STIP will show the available federal funding needed that year to complete a portion of a particular phase of work. In the first fiscal year of funding for a multi-year funded phase of work, the Department will only seek federal authorization for that portion of the federal funds shown in that fiscal year in the STIP. The remaining balance of funds for that particular phase of work will appear in the STIP in the fiscal year the Department intends to request Federal authorization for the remaining funds needed for continuation/completion of the phase/project. Each multi-year federal funded project will be submitted to FHWA with the condition that authorization to proceed is not a commitment or obligation to provide federal funds for that portion of the undertaking not fully funded herein. Fiscal constraint will be maintained at all times throughout this process.

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Wednesday, May 28, 2008

Advance construction projects

Advance Construction (AC) is a procedure to advance a federally funded project(s) into the current fiscal year and implement it with other than federal funds. Use of AC is subject to the availability of other than federal funds (e.g., state funds) in the year in which the project is to be implemented, and the availability of federal funds in the year in which the AC project(s) is to be converted to a regular federal-aid project. AC projects are to be listed individually in the TIP and STIP in both the year that the project is to be implemented and the year in which the conversion is to take place. Appropriate notification will be provided in the TIPs and STIP so it is clearly understood that these "other funds" are available and that future federal funds may be committed to these AC projects. Fiscal constraint must be maintained throughout this process for both the implementing and conversion years.

When AC is used in the development of the TIP/STIP, or to amend or modify the TIP/STIP, the MPO and the state will explain the procedure following the public participation procedures adopted by the MPO. The MPO and the state agree that in the development and processing of the TIP/STIP, the inclusion of an AC project in the TIP/STIP in the year the project is to be implemented signifies that the project can be converted to federal funding when federal funds become available and the decision is made to convert.

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Tuesday, May 27, 2008

Conformity for MPO plans and programs

Each MPO Regional Transportation Plan will go through a conformity analysis to demonstrate that each MPO Plan conforms to the State Implementation Plan (SIP). Each MPO TIP must be consistent with their conforming plan such that the regional emission analysis performed on the plan applies to their TIP. This determination means that the implementation of projects and programs in the MPO TIPs will have a positive impact in the aggregate on air quality. Since the STIP contains the three MPO TIPs without modification, the implementation of the STIP, in aggregate, will also have a positive impact on air quality.

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Monday, May 26, 2008

Statewide Transportation Plan

The Federal Statewide Planning Rule requires that the STIP contain projects consistent with the statewide long-range transportation plan. New Jersey's statewide plan was prepared and submitted to the State Legislature on March 1, 2001. Following a public review and addressing of comments, the final plan was submitted to FHWA and FTA in January 2002.

The process to develop Transportation Choices 2025 went far beyond typical planning efforts, incorporating website technology in concert with traditional methods in plan preparation, public involvement, and overall project management. The New Jersey Long Range Transportation Plan website offers valuable transportation information and is designed to encourage the exchange of information between users of the state's transportation system and the Department.

The developmental work for Transportation Choices 2030 provided the foundation for development of the FY 2008-2012 Capital Investment Strategy that shaped the investment priorities for this STIP. The projects and programs in the STIP are consistent with the Long Range Transportation Plan.

The Department and NJ TRANSIT are now preparing Transportation Choices 2030, an update to Transportation Choices 2025. The agencie's staffs are working with consultant assistance to conduct extensive public outreach and inter-agency coordination along with technical assessments to examine the state's transportation system; describe a vision for the future; identify goals, objectives, strategies and actions; identify needs and resources; and develop a set of performance indicators and a reporting system to identify success at achieving the goals and objectives of the plan. Results of the work are being posted on the Long Range Plan website so it can be an easily accessible source of information on the development of the Long Range Plan and as well as a way for the public to offer their input on the Long Range Plan to the Department and NJ TRANSIT.

Unlike the previous plan, Transportation Choices 2025 is more than a "policy plan." It identifies future transportation needs and offers strategic direction on a systems level that is based on technical analysis, the use of alternative scenarios evaluation, and extensive public involvement. The Plan contains 5-, 10-, and 25-year elements to help guide the investment agenda for the state's future transportation expenditures.

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Friday, May 23, 2008

Public participation process

New Jersey is completely covered by three Metropolitan Planning Organizations (MPOs): the Delaware Valley Regional Planning Commission (DVRPC), the South Jersey Transportation Planning Organization (SJTPO), and the North Jersey Transportation Planning Authority Inc. (NJTPA). The STIP includes the three MPO Transportation Improvement Programs (TIPs) without modification.

Each MPO has a public participation process for their Transportation Plan, TIP and conformity determination. The state makes copies of the STIP available for each MPO public meeting and representatives from the NJDOT and NJ TRANSIT were present to answer questions and concerns raised by the public on our program. The public comment period for each MPO TIP and the STIP ran for a period of 30 days.

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Thursday, May 22, 2008

Transportation Improvement Program

Introduction

This document is the Statewide Transportation Improvement Program for the State of New Jersey for federal fiscal years 2008 (beginning October 1, 2007) through 2011.

The Statewide Transportation Improvement Program (STIP) serves two purposes. First, it presents a comprehensive, one-volume guide to major transportation improvements planned in the State of New Jersey therefore providing a valuable reference for implementing agencies (such as the New Jersey Department of Transportation and the New Jersey Transit Corporation) and all those interested in transportation issues in this state. Second, it serves as the reference document required under federal regulations (23 CFR 450.216) for use by the Federal Highway Administration and the Federal Transit Administration in approving the expenditure of federal funds for transportation projects in New Jersey.

Federal legislation requires that each state develop one multimodal STIP for all areas of the state. In New Jersey, the STIP consists of a listing of statewide line items and programs, as well as the regional Transportation Improvement Program (TIP) projects, all of which were developed by the three Metropolitan Planning Organizations (MPOs). The TIPs contain local and state highway projects, statewide line items and programs, as well as public transit projects.

This STIP conforms to-and in many cases exceeds-the specific requirements of the federal regulations:

1. It lists the priority projects programmed for the first four years of the planning period.

2. It is fiscally constrained for the first four years. A detailed discussion of fiscal constraint issues is found in subsection "k" below.

3. It contains all regionally significant projects regardless of funding source.

4. It contains all projects programmed for federal funds.

5. It contains, for information, state-funded projects.

6. It contains expanded descriptive information-considerably more than required by the federal regulations-as described in subsection "m" below.

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Wednesday, May 21, 2008

Total Monitoring System

MTO's Intelligent Transportation Systems (ITS) program is developing an innovative system which tracks traffic conditions and visibility levels through wireless, solar powered communication. Known as the Total Monitoring System (TMS), it is the first of its kind in North America. While MTO currently makes use of the COMPASS system for road management in heavily traveled areas, TMS has wider potential in remote areas, recording not only traffic data and images as COMPASS does, but also local visibility levels. The system's ability to report weather conditions could aid the Ontario Provincial Police (OPP) to determine the need for road closures.

The combination of technologies holds promise for MTO's roadway management. TMS uses wireless communication to send and receive data and images. Powered by solar energy, the equipment promises the benefits of environmental friendliness, easy installation and Web accessibility.

MTO submitted the concept of TMS to the ENTERPRISE Group in 2004. The international ITS agencies voted the road management system best of the year, and sponsored a demonstration project on Ontario roads. The project gathered momentum, with support from individuals and organizations. The large team included expertise and funding from the ITS program, Southwestern Region (SWR) and Central Region, as well as equipment manufacturers and suppliers like Bell Canada.

TMS has been tested on Highway 21 in Kincardine with moderate success. The particular stretch of highway was chosen because of drifting snow and poor driver visibility in the area.

Acting ITS Head Ataur Bacchus said the refinements and user interface improvements to TMS will likely be pursued in winter 2007/08, potentially turning the demonstration project into an operational tool for the OPP, District and Regional staff as well as provide improved service to the traveling public.

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Tuesday, May 20, 2008

Flexible Snow Plow Blade Demo

Reducing salt and sand use on roadways while achieving optimum winter maintenance are ongoing Maintenance Technology Project initiatives. Improved roadway clearing was investigated in a 2005-2006 study that evaluated alternative plow blade designs.

A standard plow is a scoop with a straight and even steel blade at the bottom. The blade is beveled slightly to help lift snow off the pavement and cast it into the scoop while this works well on new pavement, irregular or damaged pavement and blade wear can leave behind quantities of snow and slush. Recent innovations in blade design and plow methods are helping to address this problem. Black Cat Blades Ltd developed the Joma 6000, a blade made of tungsten carbide inserts within short steel segments. The blades are then encased in a flexible material, allowing each segment to conform better to an uneven pavement profile. The company indicates the rubber-mounted blades result in reduced vibration and noise in the vehicle, an increased product lifespan, and reduced wear on pavement markings.

During the winter of 2005/06, a formal test procedure to examine alternative plow blades was developed. The standard MTO blade (control) and the Joma plow blade (test) underwent studies that tested their durability and effectiveness over different pavement and weather conditions. The test protocol established a test section and a control section, sharing similar road surface, length, and weather and traffic condition. The evaluation determined whether there were any additional winter operational maintenance benefits that would provide incentive for a switch from the standard steel blade. Comparison studies were conducted in Bancroft and Goderich and utilized on-site observations and measurement.

The test provided less of the formal scientific evidence than was intended, but demonstrated that the flexible blade is at least as good as a standard blade under moderate temperature test conditions. MTO has concluded that the flexible blade is an acceptable alternative to the standard steel blade for snowplows.

Standard steel blade composed of a straight steel piece attached to the bottom of the plow

An additional evaluation was conducted with the Viking Two Stage blade in Guelph. Known as the double-bladed plow, the experimental model consists of a standard front steel blade with a smaller trailing blade. The trailing blade, which is independent and hydraulically controlled, has flexible segments designed to clean off loose snow scraped up by the leading blade, and to clear slush that a conventional blade cannot reach. Manufacturers Viking-Cives Group claim the second blade reduces the need for multiple passes and road maintenance (such as salt or sand) thereby achieving significant savings.

The flexible design of the second blade also provides efficient plowing of rutted or frost heaved pavement. Further tests to compare the standard blade to the dual blade are planned for winter 2006/07. A formal comparison will determine whether the technology will reduce salt use, blade wear and overall costs.

MTO will also examine the use of Viking Cive Group's multi-plow trailer, an innovative design developed for use on wide airport runways. Two or more plows fan out from a single vehicle to plow two or more lanes at the same time. This may reduce equipment and operating costs required for a conventional plow convoy operation on multi-lane highways. Future MTO evaluations will determine whether the multi-plow trailer can operate effectively on freeways with ramp lanes, heavy traffic and other complicated features.

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Friday, May 16, 2008

The National Road

The National Road, in many places known as Route 40, was built between 1811 and 1834 to reach the western settlements. It was the first federally funded road in U.S. history. George Washington and Thomas Jefferson believed that a trans-Appalachian road was necessary for unifying the young country. In 1806 Congress authorized construction of the road and President Jefferson signed the act establishing the National Road. It would connect Cumberland, Maryland to the Ohio River.

In 1811 the first contract was awarded and the first 10 miles of road built. By 1818 the road was completed to Wheeling and mail coaches began using the road. By the 1830s the federal government conveyed part of the road's responsibility to the states through which it runs. Tollgates and tollhouses were then built by the states, with the federal government taking responsibility for road repairs.

As work on the road progressed a settlement pattern developed that is still visible. Original towns and villages are found along the National Road, many barely touched by the passing of time. The road, also called the Cumberland Road, National Pike and other names, became Main Street in these early settlements, earning the nickname "The Main Street of America." The height of the National Road's popularity came in 1825 when it was celebrated in song, story, painting and poetry. During the 1840s popularity soared again. Travelers and drovers, westward bound, crowded the inns and taverns along the route. Huge Conestoga wagons hauled produce from frontier farms to the East Coast, returning with staples such as coffee and sugar for the western settlements. Thousands moved west in covered wagons and stagecoaches traveled the road keeping to regular schedules.

In the 1870s, however, the railroads came and some of the excitement faded. In 1912 the road became part of the National Old Trails Road and its popularity returned in the 1920s with the automobile. Federal Aid became available for improvements in the road to accommodate the automobile. In 1926 the road became part of US 40 as a coast-to-coast highway. As the interstate system has grown throughout America, interest in the National Road again waned. However, now when we want to have a relaxing journey with some history thrown in, we again travel the National Road. Cameras capture old buildings, bridges and old stone mile markers. Old brick schoolhouses from early years sporadically dot the countryside and some are found in the small towns on the National Road. Many are still used, some are converted to a private residence and others stand abandoned.

Historic stone bridges on the National Road have their own stories to tell as well as reminding us of the craftsmanship of early engineers. The S Bridge, so named because of its design, stands 4 miles east of Old Washington, Ohio. Built in 1828 as part of the National Road, it is a single arch stone structure. This one of four in the state is deteriorated and is now used for only pedestrian traffic. However the owners of the bridge are attempting to obtain funding for its restoration. The stone Casselman River Bridge still stands east of Grantsville, Maryland. A product of the early 19th century federal government improvements program along the National Road, the Casselman River Bridge was constructed in 1813-1814. Its 80-foot span, the largest of its type in America, connected Cumberland to the Ohio River. In 1933 a new steel bridge joined the banks of the Casselman River. The old stone bridge, partially restored by the State of Maryland in the 1950s is now the center of Casselman River Bridge State Park.

Mile markers have been used in Europe for more than 2,000 years and our European ancestors continued that tradition here in America. These markers tell travelers how far they are from their destination and were an important icon in early National Road travel. As children we saw them and asked our parents what they were. As adults we nostalgically seek them out for photographing. A drive through National Road towns usually reveals one of these markers, such as the one standing by the historic Red Brick Tavern in Lafayette, Ohio.

In the 1960s Interstate 70, leaving many businesses by the wayside, bypassed Route 40 and much of the National Road. The emphasis was on faster cars and quicker arrival time. We scurry along at a hurried pace today, but when we want to relax, take our time and see some sights; we once again travel the National Road. The timeless little villages in quiet hamlets and valleys beckon us to small restaurants for a home cooked meal and a trip back in time when the pace of life was slower and less stressful. As we returned to present day, via the Interstate which often parallels the National Road, we leave behind the old inns and farmhouses to pay silent tribute to the ghostly presence of cattle drives, Conestoga wagons and a relentless quest for the west.

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Thursday, May 15, 2008

Ontarios Inaugural Sustainability Conference

Sustainable TransForum

On Monday, May 28th and Tuesday, May 29th, MTO hosted the first ever sustainable transportation conference in Ontario, the Sustainable Trans Forum (http://www.sustainabletransforum.ca). Speakers and thought leaders from across North America and Europe shared their knowledge of leading technologies, new innovations, and the latest research that supports sustainable transportation. In keeping with the sustainability theme, the conference was planned with a focus on resource conservation, efficiency, reduced consumption, and the maximum possible reuse and recycling.

"What we as a government have to do and this is something we share with governments in almost every other jurisdiction in North America is to find a way of integrating and promoting different transportation modes like air, rail, marine, road and transit so we can ease the strain on our roads and highways, and in the process ease the strain on our environment," said Minister of Transportation Donna Canfield in her opening remarks. "Because in this day and age, we as a government, have a responsibility to be mindful of our effects on the environment and how we can minimize our impact."

Topics focused on the impacts of climate change, the future of transportation, the marketing of greener transportation, economic issues, accessibility, fuel efficiency, community planning, and sustainable development education.

Sustainable development meets the needs of the present without compromising the ability of future generations to meet their own needs. Sustainable development considers the impact on the "triple-bottom-line:" Social, Economic, and Environmental (SEE) impacts. Technologies that support a "zero waste" approach will assist in meeting emission reduction standards while addressing SEE.

Current land use policies present a challenge as they focus on driving as the main mode of transportation. The high quantity of vehicles contributes to problems associated with congestion, air quality, health, mobility for an aging population, and economic and climate change. City planning can become more sustainable by considering transit oriented development pedestrian and cycling access, parking policy, and protection of green spaces.

Marketing cities to families promotes ways to combat suburban sprawl and to lessen commuter distances required when families live in suburban areas. Promoting more active forms of transportation by developing walking or bike paths, installing bike racks on the front of buses and bike lockers at bus terminals also addresses air quality and health issues while reducing congestion.

"We need to give attractive alternatives, and that means a public transit system that is four things: accessible, convenient, reliable and safe," said Minister Cansfield.

With continued population growth an expected 3.8 million more people in Ontario's Greater Golden Horseshoe area by 2031 there is a greater need to educate the public on more sustainable practices. One way to do this is through school programs. There is a need for education on land use intensification and the benefits of raising children in more densely populated environments. The provincial "Places to Grow" Act (www.placestogrow.ca) provides guidelines for urban development in the Greater Golden Horseshoe and demonstrates the provinces support to sustainability through legislation.

Other practical solutions include carpooling and HOV lanes, transit investments, and complementary infrastructure such as cycling lanes and car-sharing programs in high-density areas. The first provincial HOV lanes have already been built on Highway 403 and Highway 404 southbound to reduce emissions by encouraging carpooling and transit use. The Province of Ontario has further plans to add more than 450 km of new HOV lanes on 400-series highways.

Some specific topics discussed by speakers include:

* Many cities such as Vancouver, Portland, Denver, Berlin, and Minneapolis, promote sustainability through excellent bike networks. In Copenhagen, Denmark, 20% of capital is spent on biking infrastructure, and subsequently 40% of all trips in the city are made by bicycle.

* Transit organizations are now using the LEED process to make their operations more sustainable. LEED is the Leadership in Energy and Environmental Design green building rating system developed by the U.S. Green Building Council. Organizations can get points towards LEED certification by using recycled materials, low emission materials, local materials, and through the inclusion of green features such as green roofs. Transit organizations have followed these guidelines when renovating their building infrastructure to great success.

* E3 Fleet (Energy Environment Excellence) (www.E3fleet.com) is modelled after LEED, a green building rating system for construction but tooled for use with commercial vehicle fleets. E3 Fleet has developed a green fleet action plan with a rating system to encourage both public and private sector fleets to increase fuel efficiency and reduce emissions and costs. There are sixteen participating groups since E3 Fleet launched in November 2006. The City of Hamilton is Canada's first green rated fleet. To meet the requirements, they decreased their greenhouse gas emissions by 2% and increased their fuel efficiency by 5% for every kilometre driven.

* Life cycle assessment (LCA) tools can be effective for guiding decisions to improve the environmental performance of transportation infrastructure. LCA is the analysis of the impacts of a given product throughout its lifetime. LCA tools can be used to evaluate the relative costs and benefits of the materials used.

* Environmentally friendly pavement practices include reusing and recycling materials to make roads that remain safe and durable while reducing emissions, energy use, and waste. Recycled pavement has performed well, carrying more traffic than anticipated. Ontario's Ministry of Transportation is a responsible contributor to the reduction of greenhouse gases and the improved quality of life. For example, since the implementation of CIR/CIREAM contracts, MTO has reduced CO2 emissions by 54 thousand tonnes. CIR/CIREAM are two of the most environmentally friendly pavement rehabilitation techniques available

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Wednesday, May 14, 2008

HIGHWAY PROGRAMS

The Federal Highway Administration (FHWA) administers a wide array of programs, including those pertaining to roads, highways, bridges, and corridors. A full list of FHWA programs is available on the main FHWA website. Technical assistance and project-specific questions can be directed to the FHWA's field offices.

National Corridor Planning and Development Program

The purpose of the National Corridor Planning and Development Program is coordinated planning, design, and construction of corridors of national significance, economic growth, and international or interregional trade.

Transportation Infrastructure Finance and Innovation Act (TIFIA)

The Transportation Infrastructure Finance and Innovation Act of 1998 (TIFIA) provides Federal credit assistance to major transportation investments of critical national importance, such as intermodal facilities, border crossing infrastructure, expansion of multi-State highway trade corridors, and other investments with regional and national benefits. The TIFIA credit program is designed to fill market gaps and leverage substantial private co-investment by providing supplemental and subordinate capital.

Bridge Replacement and Rehabilitation--Off System Bridges

The purpose of this program is to replace or rehabilitate deficient highway bridges and to seismic retrofit bridges located on any public road.

Federal Lands Highways

This program provides funding for more than 80,000 miles of federally-owned and public-authority owned roads and transit facilities that serve Federal lands. They include the following categories: Indian Reservation Roads, Park Roads and Parkways, Public Lands Highways (discretionary and Forest Highways), and (Wildlife) Refuge Roads.

Emergency Relief

The purpose of Emergency Relief is to assist state and local governments with the cost of repairing serious damage to Federal-aid highways and roads on Federal Lands caused by natural disasters or catastrophic failures from an external cause.

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Tuesday, May 13, 2008

Notices and Delivery

(1) Except as otherwise permitted by this Regulation, all notices required or permitted under this Regulation, other than a notice under subsection 32 (1) or (3.1), shall be in writing. O. Reg. 546/05, s. 28 (1).

(2) Any document, including a notice in writing, required or permitted under this Regulation to be given to a person may be delivered,

(a) by faxing the document to the person or to the solicitor or authorized representative, if any, of the person in accordance with subsection (6);

(b) by leaving a copy of the document with the solicitor or authorized representative, if any, of the person, or with an employee in the office of the solicitor or authorized representative;

(c) by personal delivery to the person;

(d) by letter mail, certified mail or registered mail,

(i) in the case of an insurer, addressed to the insurer or its chief executive officer at the insurer’s head office in Ontario as identified in the records of the Superintendent,

(ii) in the case of a person other than an insurer, addressed to the person at his or her last known address; or

(e) by electronic means, if the intended recipient of the document consents to delivery by electronic means. O. Reg. 281/03, s. 33; O. Reg. 533/06, s. 13 (1).

(2.1) For the purposes of clauses (2) (a) and (b), an authorized representative may include, subject to subsection (2.2),

(a) a member of a health profession if the document is a notice under subsection 38 (5) or (8), 38.2 (4) or (6) or 42 (4) or a report prepared under section 42; or

(b) a member of a health profession who is a health practitioner if the document is a notice under subsection 37.1 (4) or (5). O. Reg. 546/05, s. 28 (2).

(2.2) Subsection (2.1) does not apply unless,

(a) the insured person is not represented at the relevant time by a solicitor or another authorized representative;

(b) the insured person gives to the insurer a signed authorization and direction specifying which documents listed in subsection (2.1) that the insurer is authorized and directed to give to the member of the health profession;

(c) the signed authorization and direction is given to the insurer before the document is given to the member of the health profession; and

(d) the member of the health profession has agreed to act in accordance with the authorization and direction. O. Reg. 546/05, s. 28 (2).

(3) Despite clause (2) (d), any notice or other document that must be given within five or fewer business days shall not be delivered by letter mail. O. Reg. 281/03, s. 33; O. Reg. 458/03, s. 12.

(3.1) The functional equivalency rules set out in sections 4 to 13 of the Electronic Commerce Act, 2000 apply in the case of the delivery of a document by electronic means under clause (2) (e). O. Reg. 533/06, s. 13 (2).

(3.2) Despite subsection (2), but subject to subsection (3.10), the following rules apply in the circumstances specified in a Guideline issued for the purposes of this section to a document that is listed in section 69, is specified in the Guideline and is required under this Regulation to be delivered to an insurer to whom the Guideline applies:

1. Subject to paragraphs 2 and 3, the document and any attachments to it shall be delivered to the insurer only in a manner specified in the Guideline.

2. If the Guideline specifies that a document, exclusive of attachments to it, is to be delivered to a central processing agency on behalf of the insurer,

i. the document shall be delivered not to the insurer but only to the central processing agency specified in the Guideline and only in a manner specified in the Guideline, and

ii. attachments to the document shall be delivered not to the central processing agency but only to the insurer in a manner specified in the Guideline.

3. If the Guideline specifies that a document, together with attachments to it, is to be delivered to a central processing agency on behalf of the insurer, the document and the attachments shall be delivered not to the insurer but only to the central processing agency specified in the Guideline and only in a manner specified in the Guideline.

4. A document referred to in paragraph 1, 2 or 3 shall be deemed not to have been received by the insurer to whom it is addressed, if it is delivered to the insurer otherwise than as specified in the Guideline. O. Reg. 533/06, s. 13 (3).

(3.3) A document referred to in paragraph 2 of subsection (3.2) is deemed to be received by the insurer to whom it is addressed on the later of,

(a) the date on which the document, delivered in a manner specified in the Guideline to the central processing agency on behalf of an insurer to whom the Guideline applies, is determined by the central processing agency to be duly completed and to contain all information required by this Regulation to be included in it; and

(b) the date on which the last of any attachments is received by the insurer. O. Reg. 533/06, s. 13 (3).

(3.4) A document referred to in paragraph 3 of subsection (3.2) is deemed to be received by the insurer to whom it is addressed when the document and any attachments to it are delivered in a manner specified in the Guideline to the central processing agency on behalf of an insurer to whom the Guideline applies and the document is determined by the central processing agency to be duly completed and to contain all information required by this Regulation to be included in it. O. Reg. 533/06, s. 13 (3).

(3.5) For the purposes of subsections (3.3) and (3.4), the central processing agency shall be deemed to have determined, on the day the document was delivered to the central processing agency in a manner specified by the Guideline, that the document is duly completed and contains all information required by this Regulation to be included in it unless the central processing agency notifies the sender, in a manner specified in the Guideline and not later than the second business day after the document was delivered to the central processing agency, that the document is not duly completed or does not contain all information required by this Regulation to be included in it. O. Reg. 533/06, s. 13 (3).

(3.6) A notice under subsection (3.5) shall include sufficient particulars to enable the sender to remedy the deficiency. O. Reg. 533/06, s. 13 (3).

(3.7) The central processing agency shall, as soon as practicable, make the contents of the document available to the insurer to whom the document is addressed. O. Reg. 533/06, s. 13 (3).

(3.8) An insurer that is deemed by subsection (3.3) or (3.4) to have received a document, other than an invoice to which subsection 44.1 (1) applies, shall in the manner and within the time required by the Guideline provide the central processing agency with the following information, which may include personal information:

1. Particulars of the goods or services referred to in the document for which the insurer agrees to pay and the amount the insurer agrees to pay in respect of such goods or services.

2. Particulars of the goods or services referred to in the document for which the insurer does not agree to pay. O. Reg. 533/06, s. 13 (3).

(3.9) Following receipt of the last of any attachments to a document in accordance with paragraph 2 of subsection (3.2), an insurer shall notify the central processing agency for the purpose of the application of clause (3.3) (b), in the manner and within the time required by the Guideline. O. Reg. 533/06, s. 13 (3).

(3.10) Subsections (3.2) to (3.9) do not apply to a document if the insurer has waived the requirement that the document be submitted to the insurer in circumstances permitted by this Regulation. O. Reg. 533/06, s. 13 (3).

(3.11) Nothing in this Regulation prohibits any person from delivering a document to which subsection (3.2) applies to the central processing agency on behalf of a person otherwise required to deliver it. O. Reg. 533/06, s. 13 (3).

(4) If an attempt is made to personally deliver a document to a person at his or her place of residence and, for any reason, it is not possible to personally deliver the document to the person, the document may be delivered by leaving a copy, in a sealed envelope addressed to the person, at the person’s place of residence with anyone who appears to be an adult member of the same household. O. Reg. 380/03, s. 3.

(5) In the absence of evidence to the contrary, a person is deemed to receive anything delivered by letter mail under clause (2) (d) on the fifth business day after the day the document is mailed in accordance with clause (2) (d). O. Reg. 380/03, s. 3; O. Reg. 458/03, s. 12.

(6) A document that is delivered by fax must include a cover page indicating,

(a) the sender’s name, address and telephone number;

(b) the name of the person for whom the document is intended;

(c) the date of the accident to which the document relates;

(d) the name, address and telephone number of the person to whom the document relates;

(e) the date and time the fax is sent;

(f) the total number of pages faxed, including the cover page;

(g) the telephone number from which the document is faxed; and

(h) the name and telephone number of a person to contact in the event of transmission problems with the fax. O. Reg. 281/03, s. 33.

(7) A document delivered in accordance with clause (2) (a), (b), (c) or (e) after 5 p.m. local time of the recipient shall be deemed to be delivered on the next business day. O. Reg. 281/03, s. 33; O. Reg. 533/06, s. 13 (4).

(8) Despite subclause (2) (d) (i) and subsections (5) and (7), if the insurer provides the name and address of a contact person to whom documents are to be delivered, anything delivered to the insurer that is not addressed to the attention of the contact person at that address shall not be considered to have been delivered to the insurer until it is received by the contact person. O. Reg. 281/03, s. 33.

(8.1) Subject to subsection (7), subsection 22 (3) of the Electronic Commerce Act, 2000 applies to determine when a document delivered in accordance with clause (2) (e) is deemed to be delivered to the recipient. O. Reg. 533/06, s. 13 (5).

(8.2) Where subsection (3.3) or (3.4) applies, the recipient for the purposes of subsection (8.1) is the central processing agency. O. Reg. 533/06, s. 13 (6).

(9) A reference in this Regulation to a number of days between two events shall be read as excluding the day on which the first event happens and including the day on which the second event happens. O. Reg. 281/03, s. 33.

(10) Subject to subsection (11), if any provision of this Regulation requires a person to do anything within a time period expressed in days or business days, the time period is deemed to expire on the last day of the time period at 5 p.m. local time. O. Reg. 281/03, s. 33.

(11) If a time period in which a person is required to do anything expires on a day that is not a business day, the time period is deemed to expire on the next day that is a business day at 5 p.m. local time. O. Reg. 281/03, s. 33.

(12) For the purposes of subsections (10) and (11), if the person delivering a document or notice and the person to whom the document or notice is to be delivered are in different time zones, references to 5 p.m. local time shall be read as references to the time when it is 5 p.m. in one time zone and after 5 p.m. in the other time zone. O. Reg. 281/03, s. 33.

(13) A member of a health profession who receives a document under the authority of subsection (2.1) shall immediately notify the insured person by telephone of the substance of the document and send a copy of the document to the insured person by ordinary mail or fax. O. Reg. 546/05, s. 28 (2).

(14) An insurer shall not deliver documents to a member of a health profession in reliance on an authorization under subsection (2.2) unless the documents are expressly specified in the authorization referred to in that subsection. O. Reg. 546/05, s. 28 (2).

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Monday, May 12, 2008

Termination of Benefits for Material Misrepresentation

(1) If an insured person has willfully misrepresented material facts with respect to an application for a benefit, the insurer may terminate payment of the benefit. O. Reg. 403/96, s. 48 (1).

(2) The insurer shall not terminate payment under subsection (1) unless the insurer provides the insured person with notice of the reasons for terminating payment. O. Reg. 403/96, s. 48 (2).

Right to Dispute

If an insurer refuses to pay a benefit under this Regulation or reduces the amount of a benefit that a person is receiving under this Regulation, the insurer shall provide the person with a written notice concerning the person’s right to dispute. O. Reg. 281/03, s. 23.

Mediation Proceedings

An insured person shall not commence a mediation proceeding under section 280 of the Act unless,

(a) the insured person notified the insurer of the circumstances giving rise to a claim for a benefit and submitted an application for the benefit within the times prescribed by this Regulation; and

(b) the insured person, if he or she was required to undergo a designated assessment under section 43, has undergone the designated assessment and has complied with that section. O. Reg. 546/05, s. 24.

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