O. Reg. 88/14: SERVICE PROVIDERS - LICENSING

Link to law: http://www.ontario.ca/laws/regulation/r14088
Published: 2014-03-28

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
Français

ONTARIO REGULATION 88/14

made under the

INSURANCE ACT

Made: March 26, 2014
Filed: March 28, 2014
Published on e-Laws: March 31, 2014
Printed in The Ontario Gazette: April 12, 2014

Amending O. Reg. 348/13

(SERVICE PROVIDERS — LICENSING)

1. Paragraph 6 of section 1 of Ontario Regulation 348/13 is amended by striking out “the Statutory Accident Benefits Schedule — Effective September 1, 2010” and substituting “Ontario Regulation 34/10 (Statutory Accident Benefits Schedule — Effective September 1, 2010) made under the Act”.

2. Subparagraph 1 i of subsection 2 (1) of the Regulation is amended by striking out “the Statutory Accident Benefits Schedule — Effective September 1, 2010” at the end and substituting “Ontario Regulation 34/10 (Statutory Accident Benefits Schedule — Effective September 1, 2010) made under the Act”.

3. The Regulation is amended by adding the following section:

Revocation or suspension

2.1 (1) The following circumstances are prescribed for the purposes of paragraph 4 of subsection 288.6 (1) of the Act as circumstances in which the Superintendent may, by order, revoke or suspend a service provider’s licence:

1. The licensee or the applicant for the service provider’s licence has made a material misstatement or omission in the application for the licence or in a report or other information required to be provided to the Superintendent.

2. If a Guideline referred to in subsection 49 (3) of Ontario Regulation 34/10 (Statutory Accident Benefits Schedule — Effective September 1, 2010) made under the Act specifies that invoices are to be delivered to a central processing agency, the licensee or any of its facilities, branches or locations is not enrolled with the agency or is not in compliance with the Guideline.

(2) The following circumstances are prescribed for the purposes of paragraph 2 of subsection 288.6 (3) of the Act as circumstances in which the Superintendent may, by order, revoke or suspend a service provider’s licence without taking the steps required by section 288.7 of the Act:

1. The licensee fails to pay a fee imposed under section 121.1 of the Act or section 27 of the Financial Services Commission of Ontario Act, 1997.

2. The licensee fails to pay an assessment in accordance with section 26 of the Financial Services Commission of Ontario Act, 1997.

(3) The following criteria are prescribed for the purposes of subsection 288.6 (10) of the Act as criteria to which the Superintendent shall have regard when determining whether or not it is in the public interest to allow a licensee to surrender a service provider’s licence:

1. Whether there are any outstanding or anticipated proceedings or regulatory matters involving the licensee, the licence or the licensee’s principal representative.

2. Whether the licensee has any outstanding fees, charges or penalties payable under the Act.

3. Whether the licensee has failed to make reasonable arrangements for the retention of its records relating to listed expenses after it ceases to hold the licence, or has failed to inform the Superintendent about the location where the records are to be kept.

Commencement

4. This Regulation comes into force on the later of the day section 18 of Schedule 8 to the Prosperous and Fair Ontario Act (Budget Measures), 2013 comes into force and the day this Regulation is filed.

Français