Proposed Amendments to Regulation 664 (Automobile Insurance)
R.R.O. 1990, Reg. 664
Bill or Act:
Summary of Decision:
The Ministry of Finance has modified its original proposal based on public feedback. As part of FSCO's wind down and transition to FSRA, the DRS will remain open for a transitional period between June 8, 2019 and June 30, 2020. During this period, all open and ongoing dispute resolution cases will continue and no new proceedings may commence. It should be noted that the DRS has not heard new cases since 2016. This includes mediations, arbitrations, appeals, and applications for variation or revocation of an order under the pre-transition date Insurance Act. On July 1, 2020, any cases that have not been finally determined will be extinguished. Please see the amended regulation for further details.
The proposal has been approved and came into force on June 8, 2019.
Analysis of Regulatory Impact:
No new administrative costs are anticipated.
March 11, 2019
Summary of Proposal:
The Ministry of Finance is proposing amendments to Regulation 664 under the Insurance Act that would support the transfer of remaining open Dispute Resolution Services (DRS) cases from the Financial Services Commission of Ontario (FSCO) to the Licence Appeal Tribunal (LAT).
The proposed changes would come into effect on June 1, 2019.
The proposed amendments to Regulation 664 would address how arbitrations, appeals and applications for variation or revocation of any FSCO order that have not been completed by the transition date would be treated as part of the transfer to LAT:
• Open FSCO arbitration cases, where no decision has been issued by FSCO at the time of the transfer, would need to be restarted as a new application before the LAT using existing LAT processes and rules.
• Open appeal cases at FSCO, where no decision has been issued by FSCO at the time of the transfer, would be closed. Decisions could be appealed to the Divisional Court on a question of law. Alternatively, a party who is dissatisfied with a decision could make an application for judicial review to Divisional Court.
• No new applications for variations or revocations would be heard following the transition date and all open cases, where no decision has been issued by FSCO at the time of the transfer, would be closed.
• New applications associated with a change in circumstances could be brought forward to the LAT for consideration as to whether a hearing is appropriate in accordance with LAT rules.
Financial Services Regulation Modernization Secretariat
Financial Services Policy Division
Ministry of Finance
95 Grosvenor Street
Frost Building North, 2nd Floor
Toronto, Ontario, M7A 1Z1
1 (437) 227-8821
June 8, 2019