Proposed amendments to Insurance Act regulations regarding the Ontario Automobile Insurance Dispute Resolution System (AIDRS)
Regulation 664 (Automobile Insurance)
Ontario Regulation 34/10 (Statutory Accident Benefits Schedule – Effective September 1, 2010)
Ontario Regulation 403/96
Ontario Regulation 776/93
Ontario Regulation 672
Bill or Act:
Summary of Decision:
Amendments to Ontario Regulation 664; Regulation 34/10; Regulation 403/96; Regulation 776/93; Regulation 672 have been approved.
December 9, 2015
Summary of Proposal:
Amendments to Insurance Act regulations are proposed to provide for the transition of a transformed Ontario Automobile Insurance Dispute Resolution System (AIDRS) from the Financial Services Commission of Ontario (FSCO) to the Ministry of the Attorney General's Licence Appeal Tribunal (LAT), and the wind down of disputes filed at FSCO. Proposed amendments include:
• Applications for mediation, neutral evaluation, or the appointment of an arbitrator for arbitration will not be accepted by FSCO after March 31, 2016.
• Applications to the Director of Arbitrations for appeals may only be made where the application for the appointment of an arbitrator was received by FSCO on or before March 31, 2016.
• Applications to the Director of Arbitrations for variation or revocation may only be made where the application for the appointment of an arbitrator was received by FSCO on or before March 31, 2016.
• The Office of the Director of Arbitrations shall be continued until the date on which all notices of appeal and all applications for variation or revocation have been finally determined.
• Statutory Accident Benefits Schedule (SABS) provisions that apply to the dispute resolution process at FSCO will continue to apply, as they read on March 31, 2016, to all applications that were received by FSCO before the transition date but are not finally determined before that date. The SABS will also be amended, where necessary, to apply to applications filed at the LAT on or after April 1, 2016.
As a result of the proposed new Insurance Act regulations to implement the new AIDRS, consequential changes are also proposed to Financial Services Commission of Ontario Act, 1997 Regulation 11/01 (Assessment of Expenses and Expenditures) to reflect the wind down of the FSCO dispute resolution activity.
Insurance Policy Unit
Financial Institutions Policy Branch
Ministry of Finance
95 Grosvenor Street
Frost Building North, 4th Floor
March 4, 2016