Bill 41 2012

An Act to encourage the disclosure of and investigate fraudulent activity in connection with automobile insurance claims and to amend the Independent Health Facilities Act with respect to licensee requirements

Note:  This Act amends the Independent Health Facilities Act.  For the legislative history of the Act, see the Table of Consolidated Public Statutes – Detailed Legislative History at www.e-Laws.gov.on.ca.

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Whistle-blowing protection

   1.  (1)  No person shall retaliate, whether by act or omission, or threaten to do so because,

  (a)  anything relating to another person's activity in connection with automobile insurance claims has been disclosed to,

           (i)  an inspector appointed under the Independent Health Facilities Act,

          (ii)  an investigator appointed under the Regulated Health Professions Act, 1991,

         (iii)  the Director within the meaning of the Independent Health Facilities Act,

         (iv)  the Registrar of a College within the meaning of the Regulated Health Professions Act, 1991,

          (v)  an insurance company,

         (vi)  the Insurance Bureau of Canada, or

        (vii)  a peace officer within the meaning of the Criminal Code (Canada); or

  (b)  evidence relating to another person's activity in connection with automobile insurance claims has been or may be given in a proceeding, including a proceeding in respect of the enforcement of the Independent Health Facilities Act, the Regulated Health Professions Act, 1991 or the regulations made under those Acts.

Interpretation, retaliate

   (2)  Without limiting the meaning of "retaliate" in this section, the following constitute retaliation for the purpose of this section:

    1.  Dismissing, suspending or disciplining an employee.

    2.  Imposing a penalty on any person.

    3.  Intimidating, coercing or harassing any person.

Protection from legal action

   (3)  No action or other proceeding shall be instituted against any person for making a disclosure or giving evidence described in subsection (1), unless the person acted maliciously or in bad faith.

Investigators

   2.  (1)  The Registrar of a College within the meaning of the Regulated Health Professions Act, 1991 may appoint one or more investigators to determine whether a member of the College has been involved in fraudulent activity in connection with automobile insurance claims if the Registrar believes on reasonable grounds that the member may have been involved in such activity.

Powers, duties and functions

   (2)  An investigator appointed under subsection (1) has all of the powers, duties and functions of an investigator appointed by a College under the Regulated Health Professions Act, 1991.

Registrar's duty to report to Committee

   (3)  The Registrar shall report the results of an investigation made under this section to the College's Inquiries, Complaints and Reports Committee established in accordance with the Regulated Health Professions Act, 1991.

Duty, investigators appointed under the Regulated Health Professions Act, 1991

   3.  An investigator appointed by a College under the Regulated Health Professions Act, 1991 to determine whether a member of the College has committed an act of professional misconduct or is incompetent shall also determine whether the member has been involved in fraudulent activity in connection with automobile insurance claims.

Registrar's duty to notify police office

   4.  The Registrar of a College within the meaning of the Regulated Health Professions Act, 1991 shall notify a police officer if the results of an investigation made under that Act or made under this Act suggest that a member of the College has been involved in fraudulent activity in connection with automobile insurance claims.

Protection from legal action, investigators

   5.  No action or other proceeding shall be instituted against an investigator for an act done in good faith in the performance or intended performance of a duty or function or in the exercise or the intended exercise of a power under this Act or for any neglect or default in the performance or exercise in good faith of the duty, function or power.

Offence

   6.  Every person who contravenes section 1 is guilty of an offence and on conviction is liable to a fine of not more than $25,000 or to imprisonment for a term of not more than 12 months, or to both.

Amendments to the Independent Health Facilities Act

   7.  (1)  Subsection 1 (1) of the Independent Health Facilities Act is amended by adding the following definition:

"health practitioner" means a member of a College as defined in the Regulated Health Professions Act, 1991; ("praticien de la santé")

   (2)  The Act is amended by adding the following section:

Licensee must be a health practitioner

   6.1  (1)  The Director shall not issue, renew or consent to the transfer of a licence unless,

  (a)  the person who would be the licensee is a health practitioner; or

  (b)  in the case that a corporation would be the licensee, all of the shares of the corporation are legally and beneficially owned, directly or indirectly, by one or more health practitioners.

Same

   (2)  It is a condition of every licence that the licensee meets the requirement described in clause (1) (a) or (b).

Application of section to existing licences

   (3)  For the purposes of a licence that was issued before the day this section came into force,

  (a)  subsection (1) does not apply to the renewal of that licence; and

  (b)  subsection (2) does not apply.

Commencement

   8.  This Act comes into force on the day it receives Royal Assent.

Short title

   9.  The short title of this Act is the Reducing Automobile Insurance Premiums by Eliminating Fraud Act, 2012.

 

EXPLANATORY NOTE

The Bill enacts the Reducing Automobile Insurance Premiums by Eliminating Fraud Act, 2012. 

The Act provides protection against retaliation for persons who disclose, to specified entities, information relating to another person's activity in connection with automobile insurance claims.

The Act also provides for investigations of members of health profession colleges to determine whether a member has been involved in fraudulent activity in connection with automobile insurance claims.  A police officer must be notified if an investigation suggests that there has been such fraudulent activity.

The Independent Health Facilities Act is amended to provide that a licensee under the Act must be a member of a health profession college.