Insurance industry welcomes news of implementation date for FSRA

Insurance Bureau of Canada (IBC) welcomes the announcement in March 28, 2018’s  Budget that the Ontario government has confirmed that the Financial Services Regulatory Authority (FSRA) will be operational by April 2019.  The new regulator will bring more effective and coordinated regulation services to Ontario.

“We see FSRA as a proactive, innovative regulator that will lead to sustainable improvement in rates for Ontario’s almost 10 million drivers,” said Kim Donaldson, Vice-President, Ontario, IBC. “Ontario’s insurers support this new regulator and we look forward to working with FSRA.”

Additional proposed legislative changes will allow FSRA to make rules requiring insurers to provide claims and vehicle repair history information to persons to be prescribed in regulation, most likely used car dealers. IBC has long been advocating for a data access solution.

As part of the budget, the government also announced changes to the Insurance Act to give FSRA prudential oversight of certain insurance companies incorporated in Ontario.

Other key points in the budget include the following:

Ontario Fair Auto Insurance Plan

The government reaffirmed its commitment to transforming the auto insurance system. It also reiterated the measures contained in the Fair Auto Insurance Plan to bring rates down in a sustained way, ensure people who are injured in collisions receive the care they need, and reduce fraud and disputes.

Of note, the government has adopted the recommendation made by the industry on how to best manage the care of those who have suffered a catastrophic impairment as the result of a collision. Instead of making this the responsibility of the Ministry of Health as recommended in David Marshall’s report Fair Benefits Fairly Delivered, there will be funding through the Ontario Neurotrauma Foundation to develop evidence-based programs of care for the most seriously injured.

Cannabis

Another key item in today’s budget is contained within Ontario’s framework covering the sale, distribution, purchase, possession and consumption of cannabis. The government is creating a dedicated team of nine Crown counsels and three administrative staff to support drug-impaired driving prosecutions and the new tools for field sobriety testing.

Nova Scotia to give up to 16 weeks unpaid leave to victims of domestic violence

Victims of domestic violence in Nova Scotia would be able to take up to 16 continuous weeks of unpaid leave under legislation introduced Thursday by the Liberal government.

Labour and Advanced Education Minister Labi Kousoulis said amendments to the Labour Standards Code would ensure that victims will not lose their jobs when they need leave to seek help.

“This leave will provide support for those seeking safety from their abuser and allow victims the time they need to address the complex situation of domestic violence without the added stress and fear of losing their job,” said Kousoulis.

Kousoulis said the legislation would also provide 10 intermittent days to allow victims to seek out services and supports and includes a confidentiality provision for all employee information.

“I don’t even want the individual to have to provide a doctor’s note,” he said.

Kousoulis said individuals would “on their own word” be able to fill out a simple one-page form that they would provide to an employer. He said they wouldn’t have to provide details of their situation.

The changes would allow victims leave to seek medical attention, to obtain help from victim services organizations, to get legal help, and to relocate either temporarily or permanently.

The leave would also cover situations where an employee’s child is the victim of domestic violence.

According to the department, Manitoba, Ontario, and the federal government provide five paid days as part of their legislation. Alberta provides 10 days _ all unpaid _ while Quebec introduced a bill only last week that provided 26 weeks with two paid days.

Kousoulis said the province hasn’t ruled out paid leave days at a future point, but it wants to consider more information before potentially doing so.

“We want to get data back on how would a paid leave be different from an unpaid leave for individuals and also see how much time is being taken off,” he said.

Kousoulis said he has also written to federal officials to ask that Employment Insurance be extended to people who are in situations involving domestic violence, although he said he hasn’t heard back since making the request two months ago.

The minister said consultations on the bill with the business community were based on unpaid leave and he felt it was better to bring the bill forward now and potentially make additions, rather than hold it up for more consultations on paid leave.

Opposition critics were quick to praise the government’s move as a “good first step,” but they also questioned why a paid leave provision wasn’t included.

NDP critic Tammy Martin wondered how effective the change would be, especially for lower wage workers.

“The minister talked about going to see a lawyer,” said Martin. “How can they afford to see a lawyer let alone buy groceries if they are taking time off without pay?”

Interim Progressive Conservative leader Karla MacFarlane also wondered why the bill was brought forward now if pay provisions will eventually be added.

“The bill is incomplete,” said MacFarlane. “They say they want to ensure that there is economic stability _ well, prove it. It doesn’t say that in the bill yet.”

Miia Suokonautio, executive director of YWCA Halifax, said her organization took part in the consultations and believes the changes brought forward by the government “signal something quite positive.”

But Suokonautio said the government will have to consider whether it’s enough to provide job protection when there is a lack of income protection.

“What we don’t want … is a protection that only benefits upper middle class white women. We want something that will support Indigenous women, African Nova Scotian women and women with disabilities, all of whom we know earn less than white women in this country.”

The province also moved Thursday to amend the Insurance Act in order to ensure insurance companies can’t deny coverage to people in vulnerable situations.

Finance Minister Karen Casey said the current legislation around homeowners’ policies is unclear about whether or not coverage would be provided if the damage was caused by someone listed on the policy.

“This will make a huge impact for all Nova Scotians, especially women, who are disproportionately affected by domestic violence and or abuse,” said Casey.

She said Nova Scotia was joining British Columbia, Alberta, Manitoba, New Brunswick, and Quebec in addressing the issue.

5 things to know about cannabis from Ontario’s latest provincial budget

As the federal government moves to legalize marijuana for recreational users later this year, Ontario’s latest budget sheds light on the province’s approach to sales, distribution, enforcement and revenue expectations.

– The Ontario Cannabis Retail Corporation, an LCBO subsidiary created to manage sales and distribution of recreational pot in the province, is not expecting to generate profits immediately after legalization. It is expecting an $8-million loss in 2017-2018, followed by a $40-million loss in 2018-19, largely due to initial startup costs to establish the retail network. By 2019-20, the province is forecasting OCRC net income of $35 million, followed by $100 million in net income by 2020-21.

– In a bid to crack down on the black market for marijuana in Ontario, the provincial government is creating a Cannabis Intelligence Co-ordination Centre to shut down illegal storefronts.

– The province will create a specialized legal team to support drug-impaired driving prosecutions. As well, it plans to fund sobriety field test training for police officers to help detect impaired drivers.

– Ontario will be providing municipalities with $40 million over the first two years of legalization to help with the costs of dealing with recreational pot. The Ontario Cannabis Legalization Implementation Fund will be funded by Ontario’s portion of the federal excise duty on recreational cannabis, at 75 per cent.

– Ontario plans to apply the full Harmonized Sales Tax, at 13 per cent, to off-reserve purchases of recreational cannabis by a Status Indian, band or band council, similar to tobacco and alcoholic beverages. However, medical cannabis purchased off-reserve from a licensed producer will be eligible for a rebate of the eight per cent provincial portion of the HST.

Health Canada warns about dangerous USB chargers as 1.5 million units recalled

Health Canada is warning it has discovered numerous unsafe USB chargers during a national assessment of products on the market and a recall has been issued affecting more than 1.5 million units.

The federal agency has released a list of more than two dozen chargers that “pose an unacceptable risk of electric shock and fire.”

Consumers are advised to stop using the products immediately and either return them or throw them away.

Health Canada recommends consumers check that electrical products have a recognized certification mark before making a purchase.

The certification symbol should be on the product itself and not just the packaging.

N.L. to release budget expected to include plan for carbon taxes, education

Newfoundland and Labrador will bring down its latest budget on Tuesday, March 27, 2018.

Dwight Ball’s Liberal government will unveil a financial plan that’s expected to include details on how the province intends to address carbon taxes and federal government regulations to reduce greenhouse gases.

The provincial government has so far said little about how carbon taxes will be implemented and who will have to pay, making it one of the last provinces to announce its carbon pricing plan.

The document may also indicate what the government will do about the temporary deficit reduction levy _ an extra tax that was introduced in 2016 and imposed on all those who make more than $50,000 a year.

It’s expected the budget will also outline plans to split Crown corporation Nalcor, and separate the lucrative oil and gas sector from the over-budget Muskrat Falls project.

Sources have told VOCM that the government is planning to reduce the auto insurance tax as well as the payroll tax.

B.C.’s tight rental market has landlords asking personal questions: report

Some landlords in British are asking prospective tenants for too much personal information including credit card details, three months worth of bank statements and inquiring whether applicants were born in Canada, says the Office of the Information and Privacy Commissioner.

Acting commissioner Drew McArthur said 1.5 million people live in rental housing, representing about 30 per cent of all households in B.C., but the vacancy rate is so low across much of the province that landlords are taking advantage of the power imbalance.

“Housing is big business in B.C.: In one estimate, residential tenancy generates a greater direct impact on GDP than the mining or forestry industries,” McArthur said in a report released March 22, 2018.

Nationally, the urban centres with the lowest vacancy rates are all in British Columbia, with the province’s overall vacancy rate at 1.3 per cent, he said, adding Vancouver’s rate is 0.9 per cent. The lowest rate is in Abbotsford-Mission and Kelowna at 0.2 per cent.

McArthur said his office is investigating whether a new service complies with the Personal Information Protection Act in its collection of information about tenants from sources including social media platforms, which landlords are not authorized to search.

“In addition, I understand that some of these organizations require prospective tenants to complete behavioural questionnaires to evaluate their character,” McArthur said.

The Human Rights Code also prevents landlords from asking for information about race, religion and family status, McArthur said.

“You also cannot inspect an applicant’s current residence or ask if an applicant may become pregnant in the next 12 months,” he said.

Landlords are authorized to collect a reasonable amount of information, such as references, recent pay stubs, a letter from an employer or permission to call an employer about income, as well as age for rental properties restricted to people over 55.

McArthur said his office receives calls daily from anonymous tenants worried about the over-collection of their personal information though many don’t file complaints because they fear being blacklisted.

In one case, a caller said a landlord asked for copies of their child’s report cards, he said.

“During this investigation, I heard from tenants seeking luxury accommodation as well as basic housing. I heard from young people and from retirees, in urban and rural areas.”

One caller reported a landlord insisted on seeing his T4 slips, even though he had already verified his income by providing a letter from his employer, and another person said a landlord demanded consent to a credit check after an offer to pay one year’s rent in advance.

“A landlord is only authorized to request consent for a credit check where a tenant is not able to provide satisfactory references, or employment and income verification,” the report says. “While it is reasonable to collect a prospective tenant’s credit history in these circumstances, it will not be necessary for most tenants, and a landlord cannot require every applicant to consent to a credit check.”

The report is based on a review of 13 tenancy applications, eight involving for-profit landlords and five that pertain to non-profit organizations. It found 10 of 13 landlords collect information, that, if used, would contravene the Human Rights Code as well as the Personal Information Protection Act.

Information requested included birth date, driver’s licence number, social insurance number, federal tax assessments, whether the applicant speaks English and the name of their bank and how long they’d been a customer there.

The report makes 13 recommendations, including that landlords must state clear, specific purposes for collecting personal information.

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