Bill 15, Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014

Sousa, Hon. Charles Minister of Finance

Versions

Bill 15 2014

An Act to amend various statutes in the interest of reducing insurance fraud, enhancing tow and storage service and providing for other matters regarding vehicles and highways

CONTENTS

1.	Contents of this Act
2.	Commencement
3.	Short Title
Schedule 1	Consumer Protection Act, 2002
Schedule 2	Highway Traffic Act
Schedule 3	Insurance Act
Schedule 4	Repair and Storage Liens Act
Schedule 5	Other Acts

______________

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

Contents of this Act

1. This Act consists of this section, sections 2 and 3 and the Schedules to this Act.

Commencement

2. (1) Subject to subsections (2) and (3), this Act comes into force on the day it receives Royal Assent.

Schedules

(2) The Schedules to this Act come into force as provided in each Schedule.

Different dates for same Schedule

(3) If a Schedule to this Act provides that any provisions are to come into force on a day to be named by proclamation of the Lieutenant Governor, a proclamation may apply to one or more of those provisions, and proclamations may be issued at different times with respect to any of those provisions.

Short Title

3. The short title of this Act is the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014.

Schedule 1
consumer Protection Act, 2002

1. Clause (b) of the definition of "unsolicited goods or services" in subsection 13 (9) of the Consumer Protection Act, 2002 is amended by striking out "or" at the end of subclause (ii), by adding "or" at the end of subclause (iii) and by adding the following subclause:

(iv) any prescribed tow and storage services regulated under Part VI.1, Tow and Storage Services, including services provided under prescribed circumstances.

2. The Act is amended by adding the following Part:

PART VI.1
TOW AND STORAGE SERVICES

Definitions

65.1 In this Part,

"tow and storage provider" means any of the following:

1. A tow and storage services operator.

2. A tow truck broker.

3. A tow truck driver; ("fournisseur de services de remorquage et d'entreposage")

"tow and storage services operator" has the meaning provided for in the regulations; ("exploitant de services de remorquage et d'entreposage")

"tow truck" has the meaning provided for in the regulations; ("dépanneuse")

"tow truck broker" has the meaning provided for in the regulations; ("courtier en dépanneuses")

"tow truck driver" means, subject to the regulations,

(a) an individual who drives or has the care and control of a tow truck for the purpose of providing tow services to a consumer, and

(b) any other prescribed person; ("conducteur de dépanneuse")

"vehicle" means a motor vehicle as defined in the Highway Traffic Act. ("véhicule")

Application

65.2 (1) This Part applies to consumer transactions involving tow and storage services regardless of,

(a) whether the authorization for tow and storage services is made by the owner or driver of a vehicle, a person acting on behalf of the owner or driver or a prescribed person; and

(b) whether payment for the transaction is made or reimbursed by a third party, including a commercial or governmental entity.

Non-application

(2) This Part or any provision of this Part does not apply in respect of prescribed persons or with respect to prescribed circumstances.

Disclosure

65.3 No tow and storage provider shall charge a consumer or a prescribed person acting on behalf of a consumer for any tow and storage services unless the consumer or prescribed person has first been given the prescribed information in the prescribed manner and within the prescribed time.

Authorization required

65.4 (1) Subject to the regulations, no tow and storage provider shall charge a consumer for any tow and storage services unless the consumer or a prescribed person acting on behalf of the consumer, if the consumer is unable to give authorization in circumstances provided for in the regulations, authorizes the services.

Exceeding estimated amount

(2) Subject to the regulations, where an authorization under subsection (1) includes an authorization in respect of an estimated amount that may be paid for the services or an estimate based on a method of computing an amount that may be paid for the services, no tow and storage provider shall charge for services an amount that exceeds by more than 10 per cent the authorized estimated amount or the amount computed in the authorized manner.

Authorization to be recorded

(3) If an authorization required by this section is not given in writing, the authorization is not effective unless it is recorded in a manner that meets the prescribed requirements.

Posting identifiers and other information

65.5 A tow and storage provider shall post the prescribed price information and other prescribed information, which may include stickers, labels and other visual identifiers, in accordance with the prescribed requirements.

Invoice

65.6 Unless the regulations provide otherwise, before demanding or receiving payment from a consumer or a prescribed person acting on behalf of the consumer, a tow and storage provider shall deliver to the consumer or the prescribed person an invoice detailing the tow and storage services provided, including an itemized list of the services and the cost for each as well as the total cost and such additional information as may be prescribed, in the prescribed manner.

Insurance

65.7 (1) A tow and storage provider shall maintain insurance coverage for prescribed kinds of liability in the prescribed amounts.

Failure to maintain required insurance

(2) If a tow and storage provider fails to maintain the prescribed insurance coverage, the provider shall not demand or receive payment from a consumer or a person acting on behalf of the consumer in respect of tow and storage services provided while failing to maintain the prescribed insurance coverage.

Evidence of coverage

(3) A tow and storage provider shall produce evidence of insurance coverage in the prescribed circumstances and in the prescribed manner.

Publication of rates

65.8 A tow and storage provider shall maintain a current statement of rates charged and shall make the statement available publicly and, where the regulations prescribe the form and manner of the statement and its publication, shall do so in the prescribed manner.

Consistent cost

65.9 A tow and storage provider shall not charge an amount for tow and storage services that is greater than the amount usually charged by that provider for the same services merely because the cost is to be paid, directly or indirectly, by an insurer licensed under the Insurance Act or another third party.

Disclosure of interest

65.10 (1) A tow and storage provider who, directly or indirectly, has an interest in a location or facility to which a vehicle may be towed for repair, storage, appraisal or similar purposes shall disclose, to the consumer whose vehicle is being towed and to any other persons that may be prescribed, the nature and extent of the interest, in accordance with the prescribed requirements and in the prescribed form and manner.

Failure to make required disclosure

(2) If a tow and storage provider fails to make the disclosure required under subsection (1), the provider shall not demand or receive payment from a consumer or a person acting on behalf of the consumer in respect of tow and storage services provided before disclosure is made.

Consumers Bill of Rights

65.11 (1) A tow and storage provider shall provide a consumer with a copy of the Tow and Storage Consumers Bill of Rights in the manner required by the regulations made under subsection (2).

Regulations

(2) The Minister may make regulations establishing a Tow and Storage Consumers Bill of Rights for the purposes of subsection (1) and governing how and when it is to be provided.

Duty re contents of vehicle

65.12 (1) Unless the regulations provide otherwise or unless otherwise directed by a member of a police force, every tow and storage provider that provides tow and storage services to a consumer shall provide the consumer or a person acting on behalf of the consumer access to the vehicle that is the subject of the tow and storage services, in order to permit removal of all property contained in the vehicle, including money, valuables, documents and records in the vehicle belonging to or in the care of the consumer, upon request of the consumer or a person acting on behalf of the consumer.

Same

(2) Access under subsection (1) shall be made in the prescribed manner and within the prescribed time.

No charge to consumer

(3) A tow and storage provider shall not charge a fee for permitting access in accordance with subsection (1) unless the regulations provide otherwise.

No pressuring

(4) No tow and storage provider shall retain anything that a consumer is entitled to remove under subsection (1) as a means of pressuring the consumer to make a payment under an agreement for tow and storage services.

Failure to comply with section

(5) For greater certainty, and without limiting the application of Part III, failure to comply with this section is an unfair practice for purposes of section 18 and the rights and remedies of section 18 apply.

False information

65.13 (1) No tow and storage provider shall falsify, assist in falsifying or induce or counsel a consumer to falsify or assist in falsifying any information or document that the consumer is required to provide under this Act, the Compulsory Automobile Insurance Act, the Highway Traffic Act, the Insurance Act or any other prescribed Act.

Furnishing false information and documents

(2) No tow and storage provider shall furnish, assist in furnishing or induce or counsel a consumer to furnish or assist in furnishing any information or documents that the consumer is required to provide under this Act, the Compulsory Automobile Insurance Act, the Highway Traffic Act, the Insurance Act or any other prescribed Act if the information or documents are false or deceptive.

No counselling contraventions

65.14 No tow and storage provider shall counsel, advise or knowingly assist a consumer to contravene this Act, the Compulsory Automobile Insurance Act, the Highway Traffic Act, the Insurance Act or any other prescribed Act.

Payment options

65.15 A tow and storage provider shall accept payment for tow and storage services by credit card, cash or any other prescribed payment method at the consumer's choice.

Prohibitions

65.16 A tow and storage provider shall not engage in practices that are prescribed as prohibited practices.

Additional duties and obligations

65.17 A tow and storage provider shall comply with all other prescribed duties and obligations.

Tow and storage rates

65.18 If the regulations provide for the manner in which charges are to be calculated or the maximum amount of charges that will apply with respect to one or more tow or storage services, a tow and storage provider shall not charge for the tow and storage services except as provided for in the regulations.

Record keeping and reporting

65.19 A tow and storage provider shall maintain such records as are prescribed and shall submit such reports as are prescribed to the prescribed persons and in the prescribed manner.

Qualifications

65.20 (1) Where the regulations provide for qualifications that must be met by a tow truck driver, a tow truck broker or a tow and storage services operator, no person who does not meet the relevant qualifications shall engage with a consumer or a prescribed person acting on behalf of a consumer as a tow truck driver, a tow truck broker or a tow and storage services operator.

Failure to meet qualifications

(2) A tow truck driver, tow truck broker or tow and storage services operator who does not meet the relevant qualifications under subsection (1) shall not demand or receive payment from a consumer or a person acting on behalf of the consumer for tow and storage services provided while not meeting the qualifications.

Transition

65.21 (1) Sections 65.1 to 65.20 apply to consumer transactions for tow and storage services that are entered into on or after the day this section is proclaimed in force.

Same

(2) Other than any provisions that may be prescribed, the provisions of this Part apply to consumer agreements for tow and storage services if the agreement was entered into before the day this section is proclaimed in force and the vehicle in respect of which tow and storage services have been provided is still in the possession or under the control of the tow and storage provider.

3. (1) Subsection 103 (2) of the Act is amended by adding the following paragraph:

1.1 Policies established under subsection (2.1).

(2) Section 103 of the Act is amended by adding the following subsection:

Policies

(2.1) The Director may establish policies regarding the interpretation, administration and enforcement of this Act.

4. Section 104.1 of the Act is amended by adding the following definition:

"inspector" means a person appointed or designated under section 105.1; ("inspecteur")

5. The Act is amended by adding the following sections:

Inspectors

105.1 The Director may, in writing,

(a) appoint persons as inspectors for the purposes of this Act; and

(b) designate persons, including persons engaged as inspectors or investigators for the purposes of any other Act, as inspectors for the purposes of this Act or for any specific purposes under this Act provided for in the designation.

Inspection powers

105.2 (1) An inspector may, without a warrant, enter and inspect any place in order to perform an inspection to ensure this Act is being complied with.

Time of entry

(2) The power to enter and inspect a place without warrant may only be exercised during the place's regular business hours, or during other reasonable times.

Dwellings

(3) The power to enter and inspect a place without a warrant shall not be used to enter and inspect a place or a part of a place that is used as a dwelling.

Use of force

(4) An inspector is not entitled to use force to enter and inspect a place.

Identification

(5) An inspector shall, upon request, produce evidence of his or her appointment or designation.

Powers of inspector

(6) An inspector conducting an inspection may,

(a) examine a record or other thing that the inspector thinks may be relevant to the inspection;

(b) require the production of a record or other thing that the inspector thinks may be relevant to the inspection;

(d) in order to produce a record in readable form, use data storage, information processing or retrieval devices or systems that are normally used in carrying on business in the place; and

(e) question any person on matters the inspector thinks may be relevant to the inspection.

Written demand

(7) A demand that a record or other thing be produced must be in writing and must include a statement of the nature of the record or other thing to be produced.

Obligation to produce and assist

(8) If an inspector demands that a record or other thing be produced, the person who has custody of the record or thing shall produce it and, in the case of a record, shall on request provide any assistance that is reasonably necessary to interpret the record or to produce it in a readable form.

Records and things removed from place

(9) An inspector who removes a record or other thing under clause (6) (c) shall provide a receipt and return the record or thing to the person within a reasonable time.

Copy admissible in evidence

(10) A copy of a record that purports to be certified by an inspector as being a true copy of the original is admissible in evidence to the same extent as the original, and has the same evidentiary value.

Obstruction

(11) No person shall,

(a) hinder, obstruct or interfere with or attempt to hinder, obstruct or interfere with an inspector conducting an inspection;

(b) refuse to answer questions on matters that an inspector thinks may be relevant to an inspection;

(c) provide an inspector with information on matters the inspector thinks may be relevant to an inspection that the person knows to be false or misleading; or

(d) prevent or attempt to prevent an inspector from making inquiries of any person separate and apart from another person under clause (6) (e).

Delegation of order making powers

105.3 (1) The Director may delegate to an inspector, subject to any conditions set out in the delegation, the power to make any order that the Director may make under the following sections, and an order made by an inspector pursuant to such a delegation is, for all purposes, as effective as if it were made by the Director:

1. Section 109.

2. Section 110.

3. Section 111.

4. Section 112.

5. Section 114.

6. Section 115.

7. Section 119.

In writing

(2) A delegation under this section must be in writing.

References to Director

(3) Where an inspector has made an order pursuant to a delegation under this section, every reference to the Director in or with respect to the section under which the order was made, and in sections 121 and 122, is deemed to be a reference to that inspector.

6. Subsection 107 (1) of the Act is repealed and the following substituted:

Search warrant

(1) Upon application made without notice by an investigator, a justice of the peace may issue a warrant, if he or she is satisfied on information under oath that there are reasonable grounds for believing that,

(a) an inspector is being prevented from doing anything the inspector is entitled to do under section 105.2; or

(b) a person has contravened or is contravening this Act or the regulations, and there is,

(i) in any building, dwelling, receptacle or place anything relating to the contravention of this Act or the regulations, or

(ii) information or evidence relating to the contravention of this Act or the regulations that may be obtained through the use of an investigative technique or procedure or the doing of anything described in the warrant.

7. (1) Clause 116 (1) (b) of the Act is amended by adding the following subclause:

(v.1) in respect of Part VI.1, (Tow and Storage Services), any provision of the Part,

(2) Clause 116 (1) (b) of the Act is amended by striking out "and" at the end of subclause (vii), by adding "and" at the end of subclause (viii) and by adding the following subclause:

(ix) in respect of Part XI, General, subsection 105.2 (11).

8. Section 123 of the Act is amended by adding the following subsection:

Lieutenant Governor in Council regulations: Part VI.1

(7.1) The Lieutenant Governor in Council may make regulations,

(a) respecting any matters that may be prescribed or provided for the purposes of Part VI.1;

(b) governing the meaning of "tow and storage services operator" for the purposes of Part VI.1 or any provision of that Part, including providing for different classes of tow and storage services operator and providing for application of the term to persons or entities who only operate with respect to tow services, who only operate with respect to storage services or who operate with respect to both;

(c) defining or clarifying "tow and storage services" for the purposes of Part VI.1 or any provision of that Part, including providing for the application of the term to include services that only involve towing, that only involve storage or that involve both and defining or clarifying "tow", "storage" and related terms;

(d) providing for different classes of tow and storage provider for the purposes of Part VI.1 and providing for different obligations under that Part with respect to different classes;

(e) governing the meaning of "tow truck" for the purposes of Part VI.1;

(f) excluding persons from the definition of "tow truck driver" for the purposes of Part VI.1;

(g) for the purposes of subsection 65.4 (1), providing for persons who may authorize the services on behalf of the consumer and governing circumstances under which the consumer is unable to give authorization, and governing the circumstances, if any, under which a tow and storage provider may charge a consumer for services without the authorization that would otherwise apply under that subsection;

(h) for the purposes of subsection 65.4 (2), providing for and governing the circumstances, if any, under which a tow and storage provider may charge a consumer an amount that exceeds the amount that would otherwise apply under that subsection;

(i) for the purposes of section 65.6, providing for and governing the circumstances, if any, under which a tow and storage provider is not required to provide an invoice;

(j) prescribing one or more forms and manners in which the statement of rates charged may be made publicly available for the purposes of section 65.8;

(k) for the purposes of section 65.12, governing,

(i) the circumstances under which a tow and storage provider is not required to provide access to a vehicle,

(ii) when and how access is to be provided, and

(iii) under what circumstances, if any, a fee may be charged for permitting access, and where a fee may be charged, requiring that the amount of the fee be reasonable;

(l) respecting and governing anything that may be provided for with respect to section 65.18, including, but without limiting the generality of the foregoing, referring to, or incorporating, with or without modification, the provisions of one or more municipal by-laws as they may exist from time to time;

(m) providing for additional qualifications for the purposes of section 65.20;

(n) governing transitional matters for the purposes of Part VI.1.

Commencement

9. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

schedule 2
highway traffic act

1. (1) The definition of "commercial motor vehicle" in subsection 1 (1) of the Highway Traffic Act is repealed and the following substituted:

"commercial motor vehicle", unless otherwise defined by regulation, means a motor vehicle having attached to it a truck or delivery body and includes an ambulance, a hearse, a casket wagon, a fire apparatus, a bus and a tractor used for hauling purposes on a highway; ("véhicule utilitaire")

(2) Subsection 1 (1) of the Act is amended by adding the following definitions:

"compensation" includes any rate, remuneration, reimbursement or reward of any kind paid, payable, promised, received or demanded, directly or indirectly; ("rémunération")

"CVOR certificate" means a Commercial Vehicle Operator's Registration Certificate issued under section 17; ("certificat d'immatriculation UVU")

"goods" includes all classes of materials, wares and merchandise and livestock; ("biens")

"safety record" means the safety record of an operator, as defined in subsection 16 (1), determined in accordance with the regulations made under section 22; ("fiche de sécurité")

(3) Section 1 of the Act is amended by adding the following subsection:

Definition of "commercial motor vehicle"

(10) The Lieutenant Governor in Council may make regulations defining "commercial motor vehicle" differently from its definition in subsection (1) for the purposes of any Part or provision of this Act, and those regulations may include or exclude any vehicle or class of vehicles for the purposes of that definition, including the inclusion or exclusion of vehicles or classes of vehicles based on a use or uses to which a vehicle may be put.

2. (1) Clause 5.1 (1) (a) of the Act is amended by striking out "administrative monetary penalties" and substituting "administrative penalties".

(2) Clause 5.1 (1) (b) of the Act is amended by striking out "an administrative monetary penalty" and substituting "an administrative penalty".

(3) Subsection 5.1 (2) of the Act is amended by striking out "an administrative monetary penalty" and substituting "an administrative penalty".

3. (1) The definitions of "commercial motor vehicle", "compensation", "CVOR certificate", "goods" and "safety record" in subsection 16 (1) of the Act are repealed.

(2) Subsection 16 (3) of the Act is repealed and the following substituted:

Documents to be carried

(3) Every driver of a commercial motor vehicle shall carry,

(a) the original or a copy of the CVOR certificate issued to the operator of the vehicle or, if it is a leased vehicle, the original or a copy of the lease that meets the requirements of subsection (5);

(b) if the operator has been issued fleet limitation certificates, an original fleet limitation certificate; and

4. Subsections 17 (3.1) and (3.2) of the Act are repealed.

5. The Act is amended by adding the following section:

Refusal to issue, replace or renew CVOR certificates

Non-payment of fees, fines, penalties

17.0.2 (1) The Registrar may refuse to issue, replace or renew a CVOR certificate if the applicant owes an outstanding fee, fine or administrative penalty, or any interest or penalty that is in respect of such a fee, fine or penalty, under this Act, the Provincial Offences Act, the Public Vehicles Act or the Motor Vehicle Transport Act, 1987 (Canada).

Subject to terms or conditions or invalid for more than 12 months

(2) The Registrar shall refuse to renew a CVOR certificate,

(a) that was issued subject to any terms or conditions pursuant to subsection 17 (1.1); or

(b) that has been invalid for more than 12 months before the application for renewal is received by the Registrar.

Prescribed reason

(3) The Registrar may refuse to issue, replace or renew a CVOR certificate for any other reason that may be prescribed.

6. Section 18 of the Act is repealed.

7. Section 19 of the Act is amended by striking out "sections 18 and 20" at the end and substituting "section 20".

8. Subsection 21 (1) of the Act is repealed and the following substituted:

Offences, commercial motor vehicles

(1) Every person who contravenes subsection 16 (3) or (4) or section 20 or a regulation made under subsection 22 (1) is guilty of an offence and on conviction is liable to a fine of not more than $1,000.

9. The Act is amended by adding the following section:

Administrative penalties

Purpose

21.1 (1) An administrative penalty may be imposed under this section in order to promote compliance with this Act and the regulations.

Order imposing administrative penalties

(2) If a prescribed authorized person is satisfied that a person is contravening or not complying with or has contravened or failed to comply with a prescribed provision of this Act or of the regulations, the prescribed authorized person may, by order, impose an administrative penalty on the person in accordance with this section and the regulations.

May only be imposed on prescribed persons

(3) An administrative penalty may only be imposed on a person who belongs to a prescribed class.

May be imposed with other measures

(4) An administrative penalty may be imposed alone or in conjunction with any other regulatory measure provided by this or any other Act; however, an administrative penalty may not be imposed if the person is charged with an offence under this Act in respect of the same contravention or failure to comply.

Limitation

(5) An administrative penalty may only be imposed within the prescribed time period.

No right to be heard

(6) There is no right to be heard before an order imposing an administrative penalty is made.

Appeal

(7) A person who is subject to an order imposing an administrative penalty may, in accordance with the regulations, appeal the order to a person prescribed for the purpose of this subsection and the prescribed person may confirm, vary or set aside the order.

Same

(8) An appeal commenced under subsection (7) operates as a stay of the order until the matter is finally disposed of.

Parties to judicial review

(9) The parties to any judicial review brought in respect of this section are the Registrar and the person subject to the order imposing an administrative penalty.

Maximum administrative penalty

(10) An administrative penalty shall not exceed $20,000 or such lesser amount as may be prescribed.

Enforcement

(11) If a person fails to pay an administrative penalty in accordance with the terms of the order imposing the penalty, the Minister may file the order with the Superior Court of Justice and the order may be enforced as if it were an order of the court.

Same

(12) For the purposes of section 129 of the Courts of Justice Act, the date on which the order is filed with the court is deemed to be the date of the order.

Same

(13) An administrative penalty that is not paid in accordance with the terms of the order imposing the penalty is a debt due to the Crown and is also enforceable as such.

Regulations

(14) The Lieutenant Governor in Council may make regulations governing the administrative penalties that may be imposed under this section and, without limiting the generality of the foregoing, may make regulations,

(a) prescribing authorized persons for the purpose of subsection (2);

(b) prescribing provisions of this Act and of the regulations for the purpose of subsection (2);

(d) prescribing persons for the purpose of subsection (7);

(e) prescribing the amount of a penalty, or method for calculating the amount of a penalty, and prescribing different penalties or ranges of penalties for different types of contraventions or failures to comply and different penalties or ranges of penalties depending on specified criteria;

(f) authorizing a person prescribed under clause (a) to determine the amount of a penalty, if the amount of the penalty or method for calculating the amount of the penalty is not prescribed, and prescribing criteria that may or must be considered when making an order under subsection (2), including prescribing that the criteria may include aggravating or mitigating factors;

(g) authorizing that a penalty may be imposed for each day or part of a day on which a contravention or failure to comply continues;

(h) authorizing higher penalties (not to exceed the maximum penalty established under subsection (10) or prescribed under clause (k)) for a second or subsequent contravention or failure to comply;

(i) governing the payment of penalties, including requiring that a penalty be paid before a specified deadline, and authorizing the Registrar to approve a plan of periodic payments that extends beyond the deadline;

(j) authorizing the imposition of late payment fees respecting penalties that are not paid before the specified deadline, including graduated late payment fees, and providing that such fees are included as part of the penalty for enforcement purposes;

(k) prescribing a lesser maximum penalty and the provisions of this Act or of the regulations to which the lesser maximum penalty applies for the purpose of subsection (10);

(l) prescribing and governing procedures for making and serving an order under this section, including prescribing rules for service, prescribing the day on which an order is deemed to have been received and providing for service on persons outside Ontario;

(m) governing the appeal of an order under subsection (7), including,

(i) establishing procedures for commencing and conducting an appeal,

(ii) establishing time limits for the stages of an appeal and authorizing the person prescribed under clause (d) to extend any time limit,

(iii) prescribing that the appeal must or may be conducted orally, electronically or in writing or authorizing the person prescribed under clause (d) to make that determination,

(iv) prescribing fees to be paid to commence an appeal, and

(v) establishing criteria to be considered and criteria not to be considered by the person prescribed under clause (d) when determining whether to confirm, vary or set aside an order.

10. (1) Subsection 22 (1) of the Act is amended by adding the following clause:

(a) prescribing standards and specifications for the use, operation and maintenance of commercial motor vehicles, or any class of them;

(2) Clause 22 (1) (d) of the Act is repealed and the following substituted:

(d) prescribing requirements, qualifications and standards for owners, operators and drivers of commercial motor vehicles, or any class of them, including requirements, qualifications and standards to obtain, renew and hold a CVOR certificate, and authorizing the Registrar to waive any requirements, qualifications or standards that are specified in the regulations under the circumstances specified in the regulations;

(d.1) prescribing reasons to refuse to issue, replace or renew a CVOR certificate for the purpose of subsection 17.0.2 (3);

(3) Clauses 22 (1) (f) and (g) of the Act are repealed and the following substituted:

(f) respecting documents and information to be filed with or supplied to the Ministry by owners, operators and drivers of commercial motor vehicles, prescribing the time or times or circumstances when such information is to be provided, governing the form and manner in which such information must be provided and, with respect to owners who are applicants for a CVOR certificate and operators, requiring the information prior to the issuance or renewal of CVOR certificates or as a condition of retention of CVOR certificates;

(f.1) prescribing and governing documents and records to be kept by owners, operators and drivers of commercial motor vehicles, or any class of them, and governing the retention of such documents and records;

(g) prescribing documents for the purpose of clause 16 (3) (c) and prescribing whether each prescribed document may or must be carried in its original form or as a copy;

(4) Subsection 22 (1) of the Act is amended by adding the following clauses:

(i.1) requiring specified classes of owners and operators to install or to carry in their commercial motor vehicles, or in some of their commercial motor vehicles, as specified in the regulation, a device that is capable of recording and transmitting data about the operation of the vehicle and the conduct of the driver, prescribing standards and specifications for the device and requiring and governing its use;

. . . . .

(m) exempting any class of owners, operators, drivers or vehicles from any requirement of sections 16 to 23 or of a regulation made under this subsection, and prescribing circumstances and conditions for any such exemption.

11. (1) Subsection 32 (14) of the Act is amended by adding the following clause:

(m.1) providing that a driver's licence or an endorsement cannot be issued or renewed if the applicant or holder of the licence or endorsement has not paid an administrative penalty imposed under section 21.1;

(2) Subsection 32 (17) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

12. Subsection 39.1 (11) of the Act is repealed and the following substituted:

Definition

(11) In this section,

"owner" means, in the absence of evidence to the contrary, the holder of the permit or the plate portion of the permit for the vehicle.

13. Clause 41.2 (13) (a) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

14. Clause (b) of the definition of "operator" in subsection 41.4 (25) of the Act is amended by striking out "as defined in subsection 16 (1)".

15. (1) Subsection 47 (1) of the Act is amended by striking out the portion before clause (a) and substituting the following:

Suspension and cancellation of licence, etc., general

(1) Subject to section 47.1, the Registrar may, by order, suspend or cancel,

. . . . .

(2) Section 47 of the Act is amended by adding the following subsections:

Immediate suspension or cancellation of CVOR certificate

(2.2) The Registrar may by order provide that a suspension or cancellation of a CVOR certificate or of a plate portion of a permit under subsection (1) is of immediate effect if the Registrar has reason to believe that,

(a) the CVOR certificate holder's or plate holder's safety record or failure to comply with this or any other Act demonstrates a significant risk to road safety or to road users; and

(b) it is in the public interest that the operator immediately cease operating all commercial motor vehicles.

Same

(2.3) A CVOR certificate holder who is subject to an order described in subsection (2.2) shall immediately, in accordance with the order and any regulations, cease to operate any commercial motor vehicle.

(3) Clause 47 (8) (b) of the Act is repealed and the following substituted:

(b) who operates a commercial motor vehicle without a permit or certificate or when their permit or certificate is under suspension or cancelled,

. . . . .

(4) Subsection 47 (9) of the Act is repealed and the following substituted:

Definition

(9) For the purposes of this section and section 47.1,

"operator" has the same meaning as in subsection 16 (1).

(5) Section 47 of the Act is amended by adding the following subsection:

Regulations

(12) The Lieutenant Governor in Council may make regulations governing the ceasing of operations by CVOR certificate holders who are subject to an order described in subsection (2.2).

16. Clause (b) of the definition of "operator" in subsection 48.4 (25) of the Act is amended by striking out "as defined in subsection 16 (1)".

17. (1) Subsection 50 (1) of the Act is amended by striking out "a decision of the Registrar" and substituting "a decision or order of the Registrar".

(2) Section 50 of the Act is amended by adding the following subsection:

Immediate suspension, cancellation of CVOR certificate not stayed

(1.1) Despite the Statutory Powers Procedure Act, the filing of an appeal under subsection (1) in respect of an order immediately suspending or cancelling a CVOR certificate pursuant to subsection 47 (2.2) does not stay the order, unless the Tribunal orders otherwise.

(3) Subsection 50 (2) of the Act is amended by adding "or order" after "the decision".

(4) Subsection 50 (3) of the Act is amended by striking out "or a decision of the Registrar" and substituting "or an order of the Registrar".

(5) Subsection 50 (3.1) of the Act is repealed and the following substituted:

Appeal to Divisional Court

(3.1) Every person aggrieved by a decision of the Tribunal with respect to a decision or order of the Registrar under section 17 or 47, other than an order under clause 47 (1) (b), may, within 30 days after a notice of the decision is sent to the person's latest address as recorded with the Tribunal, appeal the decision of the Tribunal to the Divisional Court.

18. Subsection 50.3 (13) of the Act is repealed and the following substituted:

Definitions

(13) In this section,

"operator", "owner" and "permit" have the same meanings as in section 82.1.

19. Clause (b) of the definition of "operator" in subsection 55.1 (40) of the Act is amended by striking out "as defined in subsection 16 (1)".

20. Clause (b) of the definition of "operator" in subsection 55.2 (25) of the Act is amended by striking out "as defined in subsection 16 (1)".

21. Subsection 58 (12) of the Act is repealed.

22. Subsection 62 (33) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

23. Subsection 64 (9) of the Act is amended by striking out "within the meaning of subsection 16 (1)" wherever it appears.

24. Subsection 66 (6) of the Act is amended by striking out "within the meaning of subsection 16 (1)" wherever it appears.

25. Clause 68.1 (11) (a) of the Act is repealed.

26. Subsection 70 (4.1) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

27. Subsection 80 (2) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

28. (1) The definition of "commercial motor vehicle" in subsection 82 (1) of the Act is repealed.

(2) Clause (b) of the definition of "operator" in subsection 82 (1) of the Act is amended by striking out "as defined in subsection 16 (1)".

29. (1) The definition of "commercial motor vehicle" in subsection 82.1 (1) of the Act is repealed.

(2) Clause (b) of the definition of "operator" in subsection 82.1 (1) of the Act is amended by striking out "as defined in subsection 16 (1)".

30. Subsection 84 (2) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

31. Clause (b) of the definition of "operator" in subsection 84.1 (7) of the Act is amended by striking out "as defined in subsection 16 (1)".

32. (1) Subsection 103 (1) of the Act is repealed and the following substituted:

Commercial motor vehicles, further provisions

Name of owner on commercial motor vehicles

(1) Every commercial motor vehicle shall have attached to or painted on both sides of the vehicle in a clearly visible position a sign showing the name of the owner.

(2) Section 103 of the Act is amended by adding the following subsections:

Regulations

(7) The Lieutenant Governor in Council may make regulations,

(a) prescribing requirements, standards and specifications for the identification of commercial motor vehicles, or any class of them, including markings and lights, in addition to the identification requirements in subsection (1);

(b) requiring additional equipment for commercial motor vehicles, or any class of them, prescribing standards and specifications for any equipment required by this Act or by regulation and prescribing standards and specifications for the use, operation and maintenance of any such equipment.

Same

(8) The Minister may by regulation designate any vehicle or class of vehicles to which subsection (1) does not apply.

33. Clause 107 (18) (a) of the Act is repealed and the following substituted:

(a) defining "operator" for the purposes of this section;

34. Subsection 109 (15.1) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

35. Subsection 111 (5) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

36. (1) Subsection 124 (5) of the Act is amended by striking out "within the meaning of subsection 16 (1)".

(2) Subsection 124 (6) of the Act is amended by striking out "within the meaning of subsection 16 (1)" in the portion before clause (a).

37. Clause (b) of the definition of "operator" in subsection 134.1 (5) of the Act is amended by striking out "as defined in subsection 16 (1)".

38. Clause 154.2 (5) (h) of the Act is amended by striking out "as defined in subsection 16 (1)".

39. Section 171 of the Act is amended by adding the following subsections:

Other prohibited activities

(3.1) No driver of a tow truck, or other person who is in charge of a tow truck, shall engage in an activity prohibited by regulation.

. . . . .

Regulations

(6) The Lieutenant Governor in Council may make regulations,

(a) defining "tow truck" for the purposes of this section;

(b) prescribing prohibited activities for the purpose of subsection (3.1), prescribing conditions and circumstances when the prohibitions apply or do not apply, exempting any class of persons or of vehicles from any such prohibition, and prescribing conditions and circumstances for any such exemption.

40. Subsection 190 (1) of the Act is repealed and the following substituted:

Commercial motor vehicles, driving rules

(1) In this section and in sections 191 and 191.0.1,

"operator" has the same meaning as in subsection 16 (1).

41. Subsection 191.0.1 (7) of the Act is repealed.

42. Section 191.9 of the Act is repealed and the following substituted:

Definitions

191.9 In this Part,

"lessee" means a person who leases or rents a motor vehicle or street car for any period of time; ("locataire")

"operator" has the same meaning as in subsection 16 (1). ("utilisateur")

43. Subsection 192 (5) of the Act is amended by striking out "as defined in subsection 16 (1)".

44. Subsection 193 (5) of the Act is repealed and the following substituted:

Definition

(5) In this section,

"motor vehicle" includes a street car.

45. (1) Subclause 205 (1) (c) (iii) of the Act is amended by adding "renewed" after "issued".

(2) Clause 205 (1) (c) of the Act is amended by adding the following subclause:

(iii.0.1) a record of all administrative penalties imposed under section 21.1,

46. Subsection 227 (1) of the Act is amended by striking out "as defined in subsection 16 (1) of this Act".

Commencement

47. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 3
Insurance Act

1. The definition of "Director" in section 1 of the Insurance Act is repealed.

2. Section 6 of the Act is repealed.

3. Subsection 7 (4) of the Act is repealed.

4. Section 8 of the Act is repealed.

5. Section 9 of the Act is repealed.

6. Section 11 of the Act is repealed and the following substituted:

Evidence of persons who conducted certain proceedings

11. (1) A person who conducted a proceeding described in subsection (2) shall not be required to testify in a civil proceeding or in a proceeding before any tribunal respecting the proceeding described in subsection (2) or respecting information obtained in the discharge of the person's duties under this Act.

Proceedings

(2) The proceedings referred to in subsection (1) are mediations, evaluations and arbitrations under sections 279 to 287, as those sections read immediately before being repealed by section 14 of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014.

7. Subsection 20 (1) of the Act is repealed and the following substituted:

Exclusive jurisdiction

(1) This section applies with respect to proceedings under this Act before the Tribunal or the Superintendent.

8. Section 21 of the Act is repealed.

9. Section 22 of the Act is repealed.

10. Clause 25 (2) (g) of the Act is repealed and the following substituted:

(g) stating whether a document or notification was received or issued by the Superintendent.

11. (1) Paragraph 25 of subsection 121 (1) of the Act is repealed.

(2) Paragraph 25.2 of subsection 121 (1) of the Act is repealed and the following substituted:

25.2 governing the assignment of statutory accident benefits under Part VI, including the application of sections 279 to 282 to persons to whom the benefits are assigned;

(3) Paragraph 26 of subsection 121 (1) of the Act is repealed and the following substituted:

26. governing proceedings before the Licence Appeal Tribunal under section 280, including imposing time limits or limitation periods;

(4) Paragraph 27 of subsection 121 (1) of the Act is repealed.

(5) Paragraph 28.1 of subsection 121 (1) of the Act is amended by striking out "section 393 and sections 397 to 401 or from any provision of those sections" and substituting "subsection 392.2 (6) or 397 (7) or section 401".

(6) Paragraph 28.3 of subsection 121 (1) of the Act is repealed.

(7) Subsection 121 (1) of the Act is amended by adding the following paragraph:

37.0.2 governing assessments under section 282;

(8) Clause 121 (4) (b) of the Act is repealed and the following substituted:

(b) may prescribe the burden of proof and standard of proof applicable in a proceeding before the Licence Appeal Tribunal under section 280;

12. Section 258.3 of the Act is amended by adding the following subsection:

Same

(8.1) Subsection 128 (2) of the Courts of Justice Act does not apply in respect of the calculation of prejudgment interest for damages for non-pecuniary loss in an action referred to in subsection (8).

13. Subsection 275 (5) of the Act is repealed and the following substituted:

Stay of arbitration

(5) No arbitration hearing shall be held with respect to indemnification under this section if, in respect of the incident for which indemnification is sought, any of the insurers and an insured are parties to a proceeding before the Licence Appeal Tribunal under section 280 or to an appeal from such a proceeding.

14. Sections 279 to 288 of the Act are repealed and the following substituted:

Definitions

279. For the purposes of sections 280 to 283,

"insured person" includes a person who is claiming funeral expenses or a death benefit under the Statutory Accident Benefits Schedule; ("personne assurée")

"Licence Appeal Tribunal" means the Licence Appeal Tribunal established under the Licence Appeal Tribunal Act, 1999. ("Tribunal d'appel en matière de permis")

Resolution of disputes

280. (1) This section applies with respect to the resolution of disputes in respect of an insured person's entitlement to statutory accident benefits or in respect of the amount of statutory accident benefits to which an insured person is entitled.

Application to Tribunal

(2) The insured person or the insurer may apply to the Licence Appeal Tribunal to resolve a dispute described in subsection (1).

Limit on court proceedings

(3) No person may bring a proceeding in any court with respect to a dispute described in subsection (1), other than an appeal from a decision of the Licence Appeal Tribunal or an application for judicial review.

Resolution in accordance with Schedule

(4) The dispute shall be resolved in accordance with the Statutory Accident Benefits Schedule.

Orders, powers and duties

(5) The regulations may provide for and govern the orders and interim orders that the Licence Appeal Tribunal may make and may provide for and govern the powers and duties that the Licence Appeal Tribunal shall have for the purposes of conducting the proceeding.

Orders for costs, other amounts

(6) Without limiting what else the regulations may provide for and govern, the regulations may provide for and govern the following:

1. Orders, including interim orders, to pay costs, including orders requiring a person representing a party to pay costs personally.

2. Orders, including interim orders, to pay amounts even if those amounts are not costs or amounts to which a party is entitled under the Statutory Accident Benefits Schedule.

Protection of benefits after Tribunal resolution

281. (1) After the Licence Appeal Tribunal issues a decision, the insurer shall not reduce benefits to the insured person on the basis of an alleged change of circumstances, alleged new evidence or an alleged error except as provided under this section.

When benefits may be reduced

(2) The insurer may reduce benefits if,

(a) the insured person agrees;

(b) the insurer is authorized to do so as a result of a successful appeal of the Licence Appeal Tribunal's decision; or

Assessment of dispute resolution costs

282. (1) The Lieutenant Governor in Council may, in accordance with the regulations, assess all insurers that have issued motor vehicle liability policies in Ontario for expenses and expenditures of the Licence Appeal Tribunal relating to disputes described in subsection 280 (1).

Same

(2) If an assessment is made under subsection (1), the share of a particular insurer shall be determined in the manner prescribed by regulation, which may take into account the degree of usage made of the Licence Appeal Tribunal that is specified in the regulations.

Same, fees received

(3) In setting an assessment under subsection (1), the Lieutenant Governor in Council shall take into account the fees received from insurers and insured persons in respect of disputes described in subsection 280 (1).

Insurer's duty to pay

(4) An insurer shall pay the amount assessed against it.

Same

(5) If an insurer fails to pay an assessment made under subsection (1), the Superintendent may suspend or cancel the insurer's licence.

Same

(6) The Superintendent may revive the licence of an insurer whose licence was suspended or cancelled under subsection (5) if the insurer pays all amounts owing by the insurer under this section.

Transition - regulations

283. (1) The Lieutenant Governor in Council may make regulations,

(a) providing for transitional matters in connection with the resolution of disputes described in subsection (2);

(b) governing when a dispute arises and when it is finally determined for the purposes of clause (2) (a);

(i) Sections 1 to 10, subsections 11 (1) to (4) and (6) to (8) and sections 13 and 14, of Schedule 3 of the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, which amend this Act.

(ii) Sections 1 to 4 of Schedule 5 of the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, which amend the Financial Services Commission of Ontario Act, 1997.

(iii) Section 7 of Schedule 5 of the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, which amends the Motor Vehicle Accident Claims Act.

Unresolved prior disputes

(2) The disputes referred to in clause (1) (a) are disputes that,

(a) arise before the transition date but are not finally determined before that date; and

(b) are in respect of an insured person's entitlement to statutory accident benefits or in respect of the amount of statutory accident benefits to which the insured person is entitled.

Regulations relating to disputes

(3) Without limiting what regulations may be made under clause (1) (a), the regulations under that clause may,

(a) provide that sections 279 to 282 do not apply or apply with such modifications as the regulations may specify;

(b) provide that sections 279 to 287 as those sections read immediately before being repealed by section 14 of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 apply with such modifications as the regulations may specify;

(c) provide for other provisions of this Act, as those provisions read immediately before being amended or repealed by a provision of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, to apply with such modifications as the regulations may specify;

(d) provide for the continuation of,

(i) the office of the director of arbitrations appointed under section 6 as that section read immediately before being repealed by section 2 of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014,

(ii) arbitrators appointed under section 8 as that section read immediately before being repealed by section 4 of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, and

(iii) mediators appointed under section 9 as that section read immediately before being repealed by section 5 of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014;

(e) provide for the continuation of the powers and duties that any of the officials referred to in clause (d) had before the transition date to be exercised by the officials continued by regulations made under clause (d) or to be exercised by other persons or bodies specified in the regulations.

Other regulations

(4) Without limiting what regulations may be made under clause (1) (c), the regulations under that clause may,

(a) if the regulations made under clause (1) (a) provide for the continuation of the office of the director of arbitrations appointed under section 6 as that section read immediately before being repealed by section 2 of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014, provide for that official to continue to be a member of the Financial Services Commission of Ontario, despite subsection 2 (2) of the Financial Services Commission of Ontario Act, 1997;

(b) govern how section 25 of the Financial Services Commission of Ontario Act, 1997 applies in respect of assessments that cover expenses and expenditures relating to disputes described in subsection (2);

(c) modify the application of clause 6 (2) (b) of the Motor Vehicle Accident Claims Act with respect to disputes described in subsection (2).

Transition date

(5) In this section,

"transition date" means the date on which this section (as re-enacted by section 14 of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014) comes into force.

15. Part XIV of the Act is amended by adding the following sections:

Interpretation

Definition

392.1 In this Part,

"licence for life insurance" means the class of licence described in paragraph 1 of subsection 392.2 (2).

Licences of Insurance Agents

Insurance agent's licence, scope of authority

392.2 (1) A person who holds a licence issued under this Part to act as an insurance agent in Ontario is authorized to act as such in accordance with the requirements of this Act and the regulations, and subject to the restrictions applicable to the class of licence issued to the person.

Classes of agent's licence

(2) The following classes of licence authorizing a person to act as an insurance agent in Ontario may be issued under this Part:

1. Licence for life insurance and accident and sickness insurance.

2. Licence for accident and sickness insurance.

3. Licence for all classes of insurance other than life insurance.

Same

(3) An agent's licence is subject to such terms and conditions as may be prescribed for the applicable class of licence, such conditions as may be imposed by the Superintendent, and such requirements, including reporting requirements, as may be prescribed for that class of licence.

Authority of agent

(4) A class of licence described in paragraph 2 or 3 of subsection (2) authorizes an agent to act for one insurer only, and the insurer itself must be licensed under this Act to undertake the applicable class of insurance.

Same

(5) The agent's licence for a class of licence described in paragraph 2 or 3 of subsection (2) must specify the name of the insurer that has appointed the agent to act on its behalf.

Offence

(6) Every person who acts as an insurance agent in Ontario without the licence required by this Part, or does so while the person's licence is suspended, is guilty of an offence.

Representation restricted

(7) An agent holding a class of licence described in paragraph 2 or 3 of subsection (2) shall not make any representation to the public, by advertisement or otherwise, that the agent is an agent of any insurer other than the one specified in the licence for the purposes of selling the classes of insurance specified in the licence.

Insurance groups

(8) Despite subsection (7), an agent may be licensed to act as an agent for an affiliated group of insurers that, in the opinion of the Superintendent, are carrying on business as a common undertaking and that affiliated group of insurers is deemed to be an insurer for the purpose of determining the agent's authority to act as an agent under this Act.

Same

(9) For the purposes of subsection (8), the following corporations and insurers are deemed to be an affiliated group of insurers carrying on business as a common undertaking:

1. Every mutual insurance corporation that participates in the Fire Mutuals Guarantee Fund.

2. Every insurer that is controlled by one or more mutual insurance corporations that participate in the Fire Mutuals Guarantee Fund as a result of investments made under Part XVII.

Application for agent's licence

392.3 (1) A person who wishes to apply for a licence authorizing him, her or it to act as an insurance agent in Ontario shall submit an application to the Superintendent in the manner required by the Superintendent and shall give the Superintendent such information, evidence and material as he or she may require and pay the applicable fee.

Same

(2) The applicant is also required to pay any outstanding administrative penalty imposed under Part XVIII.1.

Notice of appointment of applicant

(3) Unless the regulations specify otherwise, the application must include a notice from an insurer, on a form approved by the Superintendent, certifying that the insurer has appointed the applicant to act as the insurer's agent in Ontario.

Declaration by applicant

(4) The application must include a declaration by the applicant, on a form approved by the Superintendent, respecting representations made in the application.

Withdrawal of application

(5) The applicant may withdraw the application at any time before the licence is issued, but if the Superintendent has taken a step under section 407.1 in connection with the application, the applicant cannot withdraw the application without the Superintendent's permission.

Conditions

(6) If the Superintendent permits the applicant to withdraw the application, the Superintendent may impose conditions relating to the withdrawal.

Issuance, amendment and renewal of agent's licence

392.4 (1) The Superintendent shall issue a licence to act as an insurance agent in Ontario to an applicant who applies in accordance with section 392.3 and who satisfies the prescribed requirements for the licence unless the Superintendent believes, on reasonable grounds, that the applicant is not suitable to be licensed having regard to such circumstances as may be prescribed and such other matters as the Superintendent considers appropriate.

Term of licence

(2) A licence authorizing a person to act as an insurance agent expires at such time as the regulations provide, unless the licence is revoked or suspended under this Part.

Proposal to refuse application

(3) If the Superintendent proposes to refuse to issue a licence to the applicant, the Superintendent shall take the steps required by section 407.1.

Proposal to impose conditions

(4) If the Superintendent proposes to issue the licence and, without the applicant's consent, to impose conditions on the licence, the Superintendent shall take the steps required by section 407.1.

Amendment of licence

(5) The Superintendent may, at any time, amend an agent's licence.

Proposal to amend

(6) If the Superintendent proposes to amend the licence without the agent's consent, the Superintendent shall take the steps required by section 407.1.

Renewal of licence

(7) An agent who wishes to apply for renewal of his, her or its licence shall submit an application to the Superintendent in the manner required by the Superintendent and shall give the Superintendent such information, evidence and material as he or she may require and pay the applicable fee.

Same

(8) Subsections 392.3 (2) to (6) and subsections (1), (3) and (4) of this section apply, with necessary modifications, with respect to the application for renewal.

Revocation or suspension of agent's licence

392.5 (1) The Superintendent may revoke or suspend an agent's licence to act as an insurance agent if the agent has failed to comply with this Act, the regulations or a condition of the licence.

Same

(2) The Superintendent may revoke or suspend an agent's licence if any prescribed grounds for revoking or suspending a licence, or for refusing to issue a licence, exist.

Proposal to revoke or suspend

(3) If the Superintendent proposes to revoke or suspend an agent's licence under this section without the agent's consent, the Superintendent shall take the steps required by section 407.1.

Expedited order to revoke or suspend

(4) The Superintendent may, by order, revoke or suspend an agent's licence in any of the following circumstances, without taking the steps required by section 407.1:

1. The agent fails to pay a fee required under this Act or an administrative penalty imposed under Part XVIII.1.

2. Such other circumstances as may be prescribed.

Effect of suspension

(5) During a suspension, the agent is not authorized to act as an insurance agent in Ontario.

Interim order suspending licence

(6) If, in the Superintendent's opinion, the interests of the public may be adversely affected by any delay in the revocation or suspension of an agent's licence as a result of the steps required by section 407.1, the Superintendent may, without notice, make an interim order suspending the licence and may do so before or after giving the notice required by section 407.1 with respect to the proposal to revoke or suspend the licence.

Effect of interim order

(7) An interim order suspending an agent's licence takes effect immediately and remains in effect until the expiry of the period for requesting a hearing under section 407.1 about the Superintendent's proposal to revoke or suspend the licence.

Same

(8) Despite subsection (7), if the Superintendent does not give the agent the notice required by section 407.1 within 21 days after the day on which the interim order is made, the interim order expires at the end of the 21-day period.

Extension of interim order

(9) If the agent requests a hearing about the Superintendent's proposal to revoke or suspend the licence, the Superintendent may extend the interim order until the proposal is finally determined.

Revocation of order re: suspension

(10) The Superintendent may, at any time, revoke a suspension order or an interim order suspending an agent's licence.

Reinstatement of licence

(11) If a licence is revoked for non-payment of a fee or administrative penalty described in paragraph 1 of subsection (4), the Superintendent may reinstate the licence upon payment of the fee or penalty.

Automatic suspension of agent's licence

Notice by insurer

392.6 (1) An insurer shall forthwith give written notice to the Superintendent if the insurer has terminated the appointment of an agent to act on the insurer's behalf, and the notice must indicate the reason for the termination.

Suspension

(2) The agent's licence is suspended upon termination of his or her appointment by the insurer.

End of suspension

(3) The suspension of the agent's licence ends when an insurer notifies the Superintendent, on a form approved by the Superintendent, that the agent is appointed to act on its behalf and the applicable fee to amend the licence is paid.

Offence

(4) An insurer who fails to give the notice required by subsection (1) within 30 days after terminating the agent's appointment is guilty of an offence.

Exceptions

(5) This section does not apply in such circumstances as may be prescribed by regulation.

Surrender of agent's licence

392.7 (1) An agent may apply to the Superintendent for permission to surrender the agent's licence.

Application

(2) The applicant shall submit the application to the Superintendent in the manner required by the Superintendent and shall give the Superintendent such information, evidence and material as he or she may require and pay the applicable fee.

Decision re: surrender

(3) The Superintendent shall allow the applicant to surrender the licence unless the Superintendent believes, on reasonable grounds, that the surrender of the licence is not in the public interest having regard to such criteria as may be prescribed and such other factors as the Superintendent considers appropriate.

Same

(4) If the Superintendent allows the surrender of the licence, the Superintendent may impose conditions relating to the surrender.

Proposal to refuse the application to surrender

(5) If the Superintendent proposes to refuse to allow the surrender of the licence, the Superintendent shall take the steps required by section 407.1.

Proposal to impose conditions

(6) If the Superintendent proposes to allow the surrender of the licence and, without the applicant's consent, to impose conditions relating to the surrender, the Superintendent shall take the steps required by section 407.1.

Regulations re: agent's licences

392.8 (1) The Lieutenant Governor in Council may make regulations relating to licences authorizing a person to act as an insurance agent in Ontario,

(a) prescribing the matters that are required or permitted under sections 392.2 to 392.7 to be prescribed or to be done by regulation;

(b) prescribing requirements, qualifications and terms and conditions for the issuance or renewal of licences;

(d) classifying applicants for licences and restricting or prohibiting the licensing of any class of applicant;

(e) providing that subsection 392.3 (3) and subsections 392.6 (1) to (4) do not apply in circumstances specified in the regulations in respect of a licence for life insurance;

(f) prescribing the grounds upon which a licence may be revoked, suspended or not renewed;

(g) governing reports by insurers to the Superintendent or an organization recognized under subsection 393 (14) on the suitability of an applicant or licensee to act as an agent;

(h) requiring insurers that appoint agents to act on their behalf to establish and maintain a system to screen each agent and supervise activities of each agent;

(i) prescribing, for each class of licence, standards of practice and duties of agents, including prescribing a code of ethics;

(j) governing the discipline of agents, including authorizing an organization recognized under subsection 393 (14) to impose fines and issue letters of reprimand to agents who hold a licence for life insurance and to suspend or revoke their licence;

(k) regulating the method of handling premiums collected and requiring and regulating accounts and records to be maintained by agents;

(l) requiring agents to supply information and make returns to the Superintendent;

(m) requiring an agent to furnish a bond or other security and fixing the amount, form, requirements and terms thereof;

(n) requiring that agents who hold a licence for life insurance carry errors and omissions insurance, furnish a fidelity bond or belong to a compensation fund, and fixing the amount, form, requirements and terms thereof;

(o) regulating the replacement of an existing contract of life insurance by another contract of life insurance;

(p) prescribing the duties of insurers and agents in connection with the replacement of life insurance contracts;

(q) respecting any matter necessary or advisable to carry out effectively the intent and purpose of sections 392.2 to 392.7.

General or particular

(2) A regulation made under subsection (1) may be general or particular.

Scope of regulations

(3) Regulations made under subsection (1) are in addition to the provisions of sections 392.2 to 392.7, even if the regulations concern a matter provided for in any of those sections.

16. (1) The heading preceding section 393 of the Act is repealed.

(2) Subsections 393 (1) to (13.1) of the Act are repealed.

(3) Clause 393 (14) (a) of the Act is amended by striking out "agents who hold licences within the class of licences referred to in clause (2) (a)" and substituting "agents who hold a licence for life insurance".

(4) Clause 393 (16) (a) of the Act is amended by striking out "licences within the class of licences referred to in clause (2) (a)" at the end and substituting "licences for life insurance".

(5) Clause 393 (16) (b) of the Act is amended by striking out "who hold licences within the class of licences referred to in clause (2) (a)" at the end and substituting "who hold a licence for life insurance".

(6) Clause 393 (16) (c) of the Act is amended by striking out "who hold licences within the class of licences referred to in clause (2) (a)" at the end and substituting "who hold a licence for life insurance".

(7) Clause 393 (16) (d) of the Act is amended by striking out "for persons wishing to be licensed within the class of licences referred to in clause (2) (a)" and substituting "for persons wishing to hold a licence for life insurance".

(8) Clause 393 (16) (e) of the Act is amended by striking out "agents who hold licences within the class of licences referred to in clause (2) (a)" and substituting "agents who hold a licence for life insurance".

(9) Subsection 393 (17) of the Act is repealed and the following substituted:

Application of specified provisions

(17) If an organization is recognized under subsection (14), subsection 392.2 (3) and sections 392.3 to 392.7 do not apply in respect of licences for life insurance.

(10) Subsection 393 (20.7) of the Act is amended by striking out "a licence within the class of licences referred to in clause (2) (a)" at the end and substituting "a licence for life insurance".

(11) Clauses 393 (21) (a), (b), (c), (c.1), (d), (d.1) and (d.2) of the Act are repealed.

(12) Clause 393 (21) (d.7) of the Act is amended by striking out "licences within the class of licences referred to in clause (2) (a) be paid" and substituting "licences for life insurance be paid".

(13) Clause 393 (21) (d.9) of the Act is repealed.

(14) Clauses 393 (21) (d.10) and (d.11) of the Act are amended by striking out "agents who hold licences within the class of licences referred to in clause (2) (a)" wherever it appears and substituting in each case "agents who hold a licence for life insurance".

(15) Clauses 393 (21) (e) and (f) of the Act are repealed.

(16) Clause 393 (21) (f.1) of the Act is amended by striking out "agents who hold licences within the class of licences referred to in clause (2) (a)" and substituting "agents who hold a licence for life insurance".

(17) Clauses 393 (21) (g), (g.1), (g.2) and (g.3) of the Act are repealed.

(18) Subsection 393 (23) of the Act is repealed.

17. (1) Subsection 397 (2) of the Act is amended by striking out "a written application in a form provided by the Superintendent" and substituting "an application on a form approved by the Superintendent".

(2) Section 397 of the Act is amended by adding the following subsections:

Withdrawal of application

(3.1) Subsections 392.3 (5) and (6) apply, with necessary modifications, with respect to the withdrawal of an application for a licence.

Refusal to issue licence, etc.

(3.2) Subsections 392.4 (3) and (4) apply, with necessary modifications, if the Superintendent proposes to refuse to issue a licence or proposes to impose conditions on the licence without the applicant's consent.

Amendment of licence

(3.3) Subsections 392.4 (5) and (6) apply, with necessary modifications, with respect to the amendment of an adjuster's licence.

(3) Subsections 397 (4) and (5) of the Act are repealed and the following substituted:

Renewal of licence

(4) An adjuster who wishes to apply for renewal of his, her or its licence shall submit an application to the Superintendent in the manner required by the Superintendent and shall give the Superintendent such information, evidence and material as he or she may require and pay the applicable fee.

Same

(5) Subsections 392.3 (2) and (4) to (6) and 392.4 (1), (3) and (4) apply, with necessary modifications, with respect to the application for renewal of an adjuster's licence.

Revocation or suspension of licence

(6) Section 392.5 (revocation or suspension of agent's licence) applies, with necessary modifications, with respect to the revocation or suspension of an adjuster's licence.

Surrender of licence

(6.1) Section 392.7 (surrender of agent's licence) applies, with necessary modifications, with respect to the surrender of an adjuster's licence.

18. (1) Subsection 399 (1) of the Act is repealed and the following substituted:

Licences for partnerships

(1) A licence to act as an agent or an adjuster may be issued under section 392.4 or 397 to a partnership, except as otherwise provided in this section or in the regulations.

(2) Subsection 399 (2) of the Act is amended by striking out "Each member of the partnership shall file the statement or application, including a written request" at the beginning and substituting "The application for a licence shall include the name of each member of the partnership and shall include a request".

(3) Subsection 399 (2.1) of the Act is repealed.

19. (1) Subsection 400 (1) of the Act is repealed and the following substituted:

Licences for corporations

(1) A licence to act as an agent or an adjuster may be issued under section 392.4 or 397 to a corporation, except as otherwise provided in this section or in the regulations.

(2) Subsections 400 (6), (7) and (8) of the Act are repealed and the following substituted:

Authority of corporation, etc.

(6) A corporation that holds a licence to act as an agent or adjuster, and every individual who is appointed to act as an agent or adjuster on behalf of and in the name of the corporation, is subject to the provisions of this Act that apply with respect to agents and adjusters.

Exception for certain employees

(7) Despite subsection (6), an employee of the corporation who does not receive commissions and who performs only office duties on behalf of the corporation in connection with the activities of an agent or adjuster may perform those duties under the authority of the corporation's licence.

(3) Subsection 400 (11) of the Act is amended by striking out "An officer specified in the licence" at the beginning and substituting "An officer of the corporation".

20. Section 407.1 of the Act is repealed and the following substituted:

Notice of Proposal by Superintendent

Superintendent's proposal to refuse application, etc.

407.1 (1) This section applies if the Superintendent proposes to do any of the following things:

1. Refuse to issue a licence under this Part.

2. Issue a licence and, without the applicant's consent, impose conditions.

3. Amend a licence without the licensee's consent.

4. Refuse to renew a licence.

5. Renew a licence and, without the applicant's consent, amend the conditions to which the licence is subject.

6. Revoke a licence without the licensee's consent.

7. Suspend a licence without the licensee's consent, except by an interim order authorized under this Part.

8. Refuse to allow the surrender of a licence.

9. Allow the surrender of a licence and, without the licensee's consent, impose conditions relating to the surrender.

Notice of proposal

(2) The Superintendent shall give written notice of the proposal to the applicant or licensee, including the reasons for the proposal; the Superintendent shall also inform the applicant or licensee that he, she or it can request a hearing by the Tribunal about the proposal and shall advise the applicant or licensee about the process for requesting a hearing.

Hearing requested

(3) If the applicant or licensee requests a hearing in writing within 15 days after the notice under subsection (2) is given, the Tribunal shall hold a hearing.

Order

(4) The Tribunal may, by order, direct the Superintendent to carry out the proposal, with or without changes, or substitute its opinion for that of the Superintendent, and the Tribunal may impose such conditions as it considers appropriate in the circumstances.

Appeal

(5) A party to a hearing held by the Tribunal may appeal the order of the Tribunal to the Divisional Court.

Effect of appeal

(6) An order of the Tribunal takes effect immediately, but if the order is appealed, the Tribunal may grant a stay of the order until the appeal is finally determined.

Hearing not requested

(7) If the applicant or licensee does not request a hearing, or does not make the request in accordance with subsection (3), the Superintendent may carry out the proposal.

Continued jurisdiction of Superintendent, Tribunal

(8) If, after the Superintendent gives notice under subsection (2),

(a) an applicant withdraws the application to which the proposal relates; or

(b) the licence to which the proposal relates is suspended or expires,

the Superintendent and the Tribunal retain continuing jurisdiction with respect to the proposal and may take any step and make any order that they could have made relating to the proposal, as if the application had not been withdrawn or as if the licence had not been suspended or had not expired, and the parties may appeal any order of the Tribunal.

Same

(9) The continuing jurisdiction of the Superintendent and the Tribunal under subsection (8) is terminated when the rights of the parties have been exhausted or have expired and when all proceedings relating to the proposal have concluded.

Transition

407.2 (1) In this section,

"transition date" means the day section 407.1 (as re-enacted by section 20 of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014) comes into force.

Same

(2) If, before the transition date, the Superintendent has given written notice to the applicant or licensee that he, she or it may request a hearing by an advisory board with respect to a matter, and if the matter has not been finally determined before the transition date, this Part as it reads immediately before the transition date continues to apply with respect to the matter.

Same

(3) If, before the transition date, the Superintendent has appointed an advisory board under subsection 393 (9) with respect to a matter and if the matter has not been finally determined before the transition date, this Part as it reads immediately before the transition date continues to apply with respect to the matter.

21. Subsection 448 (1.1) of the Act is amended by striking out "a person who holds a licence within the class of licences referred to in clause 393 (2) (a)" at the end and substituting "an agent who holds a licence for life insurance as defined in section 392.1".

Commencement

22. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 4
Repair and Storage LIens Act

1. Subsection 1 (1) of the Repair and Storage Liens Act is amended by adding the following definition:

"regulations" means the regulations made under this Act; ("règlements")

2. (1) Subsection 3 (1) of the Act is repealed and the following substituted:

Repairer's lien

(1) In the absence of a written agreement to the contrary, a repairer has a lien against an article that the repairer has repaired for an amount equal to one of the following, and the repairer may retain possession of the article until the amount is paid:

1. The amount that the person who requested the repair agreed to pay.

2. Where no such amount has been agreed upon, the fair value of the repair, determined in accordance with any applicable regulations.

3. Where only part of a repair is completed, the fair value of the part completed, determined in accordance with any applicable regulations.

(2) Section 3 of the Act is amended by adding the following subsections:

Tow and storage services

(2.0.1) Except as otherwise provided for in the regulations, if the repair includes one or more tow and storage services in respect of which Part VI.1 of the Consumer Protection Act, 2002 applies, no lien arises with respect to those services if the repairer fails to comply with the prescribed provisions of that Part, if any.

. . . . .

Amount, tow and storage

(2.2) In cases where Part VI.1 of the Consumer Protection Act, 2002 applies, the amount of a repairer's lien under subsection (2) with respect to tow and storage services shall be determined in accordance with the prescribed requirements, if any.

3. (1) Subsection 4 (1) of the Act is repealed and the following substituted:

Storer's lien

(1) Subject to subsection (2), a storer has a lien against an article that the storer has stored or stored and repaired for an amount equal to one of the following, and the storer may retain possession of the article until the amount is paid:

1. The amount agreed upon for the storage or storage and repair of the article.

2. Where no such amount has been agreed upon, the fair value of the storage or storage and repair, determined in accordance with any applicable regulations.

3. Where only part of a repair is completed, the fair value of the storage and the part of the repair completed, determined in accordance with any applicable regulations.

(2) Section 4 of the Act is amended by adding the following subsections:

Tow and storage services

(3.0.1) Except as otherwise provided for in the regulations, if the storage or storage and repair includes one or more tow and storage services in respect of which Part VI.1 of the Consumer Protection Act, 2002 applies, no lien arises with respect to those services if the storer fails to comply with the prescribed provisions of that Part, if any.

. . . . .

Amount, tow and storage

(3.2) In cases where Part VI.1 of the Consumer Protection Act, 2002 applies, the amount of a storer's lien under subsection (3) with respect to the tow and storage services shall be determined in accordance with the prescribed requirements, if any.

(3) Subsections 4 (4), (5) and (6) of the Act are repealed and the following substituted:

Notice to owner, etc., articles

(4) Where the storer knows or has reason to believe that possession of an article that is subject to a lien was received from a person other than its owner or a person having its owner's authority, the storer, within 60 days after the day of receiving the article, shall give written notice of the lien to every person whom the storer knows or has reason to believe is the owner or has an interest in the article, including every person who has a security interest in the article that is perfected by registration under the Personal Property Security Act against the name of the person whom the storer knows or has reason to believe is the owner.

Notice to owner, etc., articles of prescribed class

(4.1) Despite subsection (4), where the storer knows or has reason to believe that possession of an article of a prescribed class that is subject to a lien was received from a person other than its owner or a person having its owner's authority, the storer, within a prescribed period after the day of receiving the article of the prescribed class, shall give written notice of the lien,

(a) to the persons mentioned in subsection (4); and

(b) to such other classes of persons and entities as may be prescribed.

Contents of notice

(5) A notice under subsection (4) or (4.1) shall contain,

(a) a description of the article sufficient to enable it to be identified;

(b) the address of the place of storage, the date that it was received and the name of the person from whom it was received;

(d) a statement advising how the article may be redeemed; and

(e) any other prescribed information.

Effect of failure to give notice, articles

(6) Where a storer fails to give the notice required by subsection (4),

(a) the storer's lien as against the person who should have been given the notice is limited to the unpaid amount owing in respect of the period of 60 days from the day that the article was received; and

(b) the storer shall surrender possession of the article to that person where the person proves a right to possession and pays that unpaid amount.

Effect of failure to give notice, articles of prescribed class

(6.1) Where a storer fails to give the notice required by subsection (4.1),

(a) the storer's lien as against the person who should have been given the notice is limited to the unpaid amount owing in respect of the period prescribed for the purposes of subsection (4.1) from the day that the article of the prescribed class was received; and

(b) the storer shall surrender possession of the article to that person where the person proves a right to possession and pays that unpaid amount.

4. Section 27 of the Act is repealed and the following substituted:

Service of documents

27. (1) A document required or permitted to be given under this Act may be,

(a) given personally;

(b) sent by certified or registered mail or prepaid courier to,

(i) the intended recipient's address for service if there is one,

(ii) the last known mailing address of the intended recipient according to the records of the person sending the document, where there is no address for service, or

(iii) the most recent address of the intended recipient as shown on a claim for lien or change statement registered under this Act or as shown on a financing statement or financing change statement registered under the Personal Property Security Act; or

Prescribed person or entity

(2) Despite subclauses (1) (b) (i) to (iii), a document referred to in subsection (1) that is sent by certified or registered mail or prepaid courier to a person or entity of a prescribed class shall be sent to a prescribed place.

Deemed receipt

(3) A document referred to in subsection (1) is deemed to have been given,

(a) if sent by certified or registered mail, on the earlier of,

(i) the day the intended recipient actually receives it, or

(ii) the tenth day after the day it is sent; or

(b) if given by a prescribed method of delivery, on a prescribed day.

5. Subsection 28 (3) of the Act is amended by striking out "Except as provided in clause 4 (1) (b)" at the beginning and substituting "Except as provided in any applicable regulations made under clause 32 (1) (a)".

6. Section 32 of the Act is repealed and the following substituted:

Regulations

32. (1) The Lieutenant Governor in Council may make regulations,

(a) governing the determination of "fair value" for the purposes of,

(i) fair value of the repair or part of the repair under paragraphs 2 and 3 of subsection 3 (1),

(ii) fair value of the storage or storage and repair or part of the repair under paragraphs 2 and 3 of subsection 4 (1).

(b) specifying the types of security that may be deposited with a court under section 24;

Same

(2) A regulation made under clause (1) (a) may provide that the determination of "fair value" shall be made in accordance with any applicable municipal by-law.

Commencement

7. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

Schedule 5
Other Acts

Financial Services Commission of Ontario Act, 1997

1. The definition of "Director" in section 1 of the Financial Services Commission of Ontario Act, 1997 is repealed.

2. Subsection 2 (2) of the Act is amended by striking out "the Superintendent and the Director" at the end and substituting "and the Superintendent".

3. (1) Subsection 10 (1) of the Act is amended by striking out "the Director".

(2) Subsection 10 (2) of the Act is amended by striking out "the Director".

(3) Section 10 of the Act is amended by adding the following subsection:

Transition re: director of arbitrations

(4) Subsections (1), (1.1) and (2) apply, with necessary modifications, with respect to every person who held office as the director of arbitrations as that office existed immediately before the repeal of section 6 of the Insurance Act by section 2 of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014 or as that office may be continued after that repeal by regulations under section 283 of the Insurance Act.

4. (1) Subsection 25 (1) of the Act is amended by striking out "the Tribunal or the Director" at the end and substituting "or the Tribunal".

(2) Subsection 25 (5) of the Act is repealed.

Licence Appeal Tribunal Act, 1999

5. (1) Subsection 11 (1) of the Licence Appeal Tribunal Act, 1999 is amended by striking out "Subject to subsections (2) to (5)" and substituting "Subject to subsections (2) to (6)".

(2) Subsection 11 (1) of the Act is amended by adding the following:

Insurance Act

(3) Section 11 of the Act is amended by adding the following subsection:

Insurance Act appeals - question of law only

(6) An appeal from a decision of the Tribunal relating to a matter under the Insurance Act may be made on a question of law only.

6. Subsection 12 (1) of the Act is amended by adding the following clause:

(e) governing transitional matters relating to disputes in respect of statutory accident benefits as defined in subsection 224 (1) of the Insurance Act as a result of the coming into force of section 14 of Schedule 3 to the Fighting Fraud and Reducing Automobile Insurance Rates Act, 2014;

Motor Vehicle Accident Claims Act

7. Clause 6 (2) (b) of the Motor Vehicle Accident Claims Act is repealed and the following substituted:

(b) sections 274 and 279 to 282 of the Insurance Act apply with necessary modifications.

Commencement

8. This Schedule comes into force on a day to be named by proclamation of the Lieutenant Governor.

EXPLANATORY NOTE

This Explanatory Note was written as a reader's aid to Bill 15 and does not form part of the law. Bill 15 has been enacted as Chapter 9 of the Statutes of Ontario, 2014.

The Bill amends the Consumer Protection Act, 2002, the Highway Traffic Act, the Insurance Act, the Repair and Storage Liens Act, the Financial Services Commission of Ontario Act, 1997, the Licence Appeal Tribunal Act, 1999 and the Motor Vehicle Accident Claims Act. Here are some highlights of the amendments.

Tow and storage services:

The Consumer Protection Act, 2002 is amended to regulate consumer transactions involving tow and storage services.

As examples, rules are provided for respecting:

1. Disclosure of information to consumers.

2. Requirements that tow and storage services provided to consumers be authorized.

3. Deviating from estimated payment amounts.

4. The provision of itemized invoices.

5. Insurance requirements.

6. Publication of rates.

7. A Tow and Storage Consumers Bill of Rights.

8. Requirements that consumers be allowed to remove personal property from towed or stored vehicles.

9. The establishment of qualifications for tow and storage providers.

The Act is also amended to provide for the appointment of inspectors and inspection powers, and to permit the Director to establish policies regarding the interpretation, administration and enforcement of the Act.

Highway Traffic Act

The Highway Traffic Act is amended in two main areas: the regulation of commercial motor vehicles and tow trucks and enforcement of the Act generally by the addition of administrative penalties.

In respect of commercial motor vehicles, the Act is amended as follows:

1. To repeal the definition of "commercial motor vehicle" in subsection 16 (1) of the Act and replace it with the authority to define the term by regulation.

2. To move other definitions related to "commercial motor vehicle" ("compensation", "CVOR certificate", "goods" and "safety record") from subsection 16 (1) to subsection 1 (1), so that they apply to the whole Act and not only to sections 16 to 23.1, as currently provided.

3. To provide for additional regulation of commercial motor vehicles. Provisions and regulation-making powers are added: prescribing requirements, qualifications and standards for commercial motor vehicles and for owners, operators and drivers of commercial motor vehicles; respecting documents and information to be carried by drivers and to be filed with the Ministry; adding grounds to refuse to issue, replace or renew a CVOR certificate; and requiring specified classes of owners and operators of commercial motor vehicles to install in their vehicles devices that are capable of recording and transmitting data about vehicle operation and driver conduct.

4. To allow the Registrar of Motor Vehicles to order the immediate suspension or cancellation of a CVOR certificate where the Registrar has reason to believe that the certificate holder's safety record or failure to comply with any Act demonstrates a significant risk to road safety and that it is in the public interest that the operator immediately cease operating all commercial motor vehicles.

5. To prohibit drivers and other persons in charge of tow trucks from engaging in activities prescribed by regulation.

In respect of general enforcement, the Act is amended to provide for the imposition of administrative penalties for the contravention of prescribed provisions of the Act and regulations. The amount of the penalties may not exceed $20,000.

Dispute resolution (statutory accident benefits):

The Insurance Act is amended to change how disputes relating to statutory accident benefits will be resolved.

Currently these disputes are dealt with by the director of arbitrations appointed under section 6 and arbitrators and mediators provided for under sections 8 and 9. The process for the resolution of these disputes is currently dealt with under sections 279 to 288.

The new sections 279 to 283 will replace sections 279 to 288. Section 280 provides that disputes will be dealt with by the Licence Appeal Tribunal under the Licence Appeal Tribunal Act, 1999. The protection of benefits after a dispute is resolved, currently in section 287, is continued under the new section 281. Under the new section 282, the Lieutenant Governor in Council will be able to assess insurers for the costs of the Licence Appeal Tribunal relating to these disputes. That power is similar to the assessment power under section 25 of the Financial Services Commission of Ontario Act, 1997. The new section 283 authorizes regulations for various transitional matters.

Consequential and other amendments relating to these changes are made to other provisions of the Insurance Act and to the Financial Services Commission of Ontario Act, 1997, the Motor Vehicle Accident Claims Act and the Licence Appeal Tribunal Act, 1999. The amendments to the Licence Appeal Tribunal Act, 1999 provide for a right of appeal from the Tribunal to the Divisional Court.

Prejudgment interest (motor vehicle liability policies):

Currently, subsection 258.3 (1) of the Insurance Act requires specified steps to be taken in connection with proceedings arising from the use or operation of an automobile. They include a requirement that the plaintiff give notice to the defendant within a specified period after an incident. Subsection 258.3 (8) currently states that prejudgment interest cannot be awarded under the Courts of Justice Act for any period before the notice is given. A new subsection 258.3 (8.1) provides that subsection 128 (2) of the Courts of Justice Act - governing the interest rate to be used - does not apply with respect to the prejudgment interest.

Licensing of insurance agents and adjusters:

Part XIV of the Insurance Act (Agents, Brokers and Adjusters) is amended in connection with the licensing of agents and adjusters.

New sections 392.1 to 392.8 govern agent's licences. Section 392.2 sets out the classes of licences available to insurance agents, and governs the scope of each class of licence. Sections 392.3 to 392.7 govern applications for an agent's licence, authorizing the Superintendent to issue or refuse to issue a licence. Those sections also provide for the renewal, revocation or suspension of an agent's licence by the Superintendent, and for the surrender of a licence. Section 392.8 sets out related regulation-making authority.

Current subsections 393 (1) to (13.1) of the Act, which govern licences for agents, and provide for the issuance, renewal, revocation and suspension of licences, are repealed. The current provisions authorize the Superintendent to appoint an advisory board to hold a hearing and make recommendations to the Superintendent with respect to an application for a licence. That process is replaced.

Amendments are also made to section 397 of the Act, which governs the issuance of licences for adjusters. The amendments provide that portions of sections 392.2 to 392.7 apply, with necessary modifications, with respect to the issuance, renewal, revocation, suspension and surrender of the licences.

Section 407.1 of the Act, as re-enacted, requires the Superintendent to notify an applicant or licensee if the Superintendent proposes to refuse an application for a licence, to refuse to renew a licence, to revoke or suspend a licence without the licensee's consent and in other specified circumstances. Under section 407.1, the applicant or licensee is given an opportunity to request a hearing of the matter by the Financial Services Tribunal. Provision is made for an appeal to Divisional Court.

Consequential amendments are made to Part XIV and to subsections 121 (1) and 448 (1.1) of the Act.

Repair and storage liens:

Amendments to subsections 3 (1) and 4 (1) of the Repair and Storage Liens Act provide that the fair value of repair and storage is determined in accordance with any applicable regulations made under the Act.

Other amendments to the Act relate to the requirement that a storer in possession of an article subject to a lien give notice to the owner and others, where the storer knows or has reason to believe that the article was received from a person other than its owner or a person having its owner's authority.

Related to these amendments, the requirement in subsection 4 (4) of the Act to provide the notice to additional persons where the article is a vehicle is repealed.

A new subsection 4 (4.1) of the Act provides that where the article is of a class prescribed by the regulations, in addition to the owner and others, the notice must be given to any other classes of persons and entities that may be prescribed. The storer must give the notice within a prescribed period after receiving the article. A new subsection 4 (6.1) of the Act provides that if the storer fails to give the required notice, the storer's lien is limited to the unpaid amount in respect of the prescribed period, beginning on the day the article was received.

Additional amendments to section 27 of the Act allow documents under the Act to be served by any prescribed method.

Currently, subsection 28 (3) of the Act provides that a lien claimant is not entitled to a lien for interest on the amount owing with respect to an article, except as provided in the Act. That provision is amended so that a lien claimant is not entitled to a lien for interest on the amount owing with respect to an article, except as provided in any applicable regulations.

Corresponding regulation-making provisions relating to these amendments are added to section 32 of the Act.

Amendments are also made to reflect the amendments to the Consumer Protection Act, 2002 (see new subsections 3 (2.0.1) and (2.2) and 4 (3.0.1) and (3.2) of the Act).

[41] Bill 15 Original (PDF)

Bill 15 2014

An Act to amend various statutes in the interest of reducing insurance fraud, enhancing tow and storage service and providing for other matters regarding vehicles and highways

CONTENTS

1.	Contents of this Act
2.	Commencement
3.	Short Title
Schedule 1	Consumer Protection Act, 2002
Schedule 2	Highway Traffic Act
Schedule 3	Insurance Act
Schedule 4	Repair and Storage Liens Act
Schedule 5	Other Acts