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FSCO Announces Amendments to SABS, Service Provider Regulations, etc.

The Financial Services Commission of Ontario (FSCO) has released a bulletin announcing changes to the Statutory Accident Benefits Schedule (SABS), service provider regulations, administrative penalties and eligibility for transportation expenses. Below are the highlights:

  • Effective December 1, 2014, both licensed and unlicensed service providers and provide goods and service to auto insurance claimants.  Licensed service providers can receive payment directly from insurers, which unlicensed service providers cannot.  Unlicensed providers must complete the OCF-21 form (Auto Insurance Standard Invoice) on HCAI, print it, and provide a copy to the claimant.
  • Effective January 1, 2015, the current interest rate of 1% per month, compounded monthly, will continue to apply.  However, once a mediation proceeding has commenced, the interest rate will then change to the prejudgement interest rate described in the Courts of Justice Act for past pecuniary loss.  This will be calculated from the date on which a mediation proceeding commenced and ending on the date a settlement is reached or a decision is issued.  The current prejudgement interest rate is 1.3% per annum.
  • It is now considered to be an unfair or deceptive act or practice if an unlicensed provider advertises as a licensed provider.
  • There is now an exemption allowing licensed service providers to seek direct payment for a listed expense provided under the SABS from anyone other than an insurer.
  • Specifies penalties for non-compliance with the newly added requirements.
  • Reminds insurers that "authorized transportation expenses" apply only expenses incurred by the insured person or an aide.  It notes that service provider mileage costs are subject to FSCO's Professional Service Guidelines, which states that insurers are not liable for any other costs beyond what is permitted under the Professional Service Guideline.

The bulletin can be read in full at the following link: http://www.fsco.gov.on.ca/en/auto/autobulletins/2014/Pages/a-14-14.aspx

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