Ontario Gazette Volume 143 Issue 31 | July 31, 2010

Government Notices Respecting Corporations

Notice of Default in Complying with the Corporations Tax Act

The Director has been notified by the Minister of Finance that the following corporations are in default in complying with the Corporations Tax Act.

Notice Is Hereby Given under subsection 241(1) of the Business Corporations Act, that unless the corporations listed hereunder comply with the requirements of the Corporations Tax Act within 90 days of this notice, orders will be made dissolving the defaulting corporations. All enquiries concerning this notice are to be directed to Ministry of Finance, Corporations Tax, 33 King Street West, Oshawa, Ontario L1H 8H6.

Katherine M. Murray
Director, Ministry of Government Services
(143-G382)

Cancellation of Certificate of Incorporation (Corporations Tax Act Defaulters)

Notice Is Hereby Given that, under subsection 241(4) of the Business Corporations Act, the Certificate of Incorporation of the corporations named hereunder have been cancelled by an Order for default in complying with the provisions of the Corporations Tax Act, and the said corporations have been dissolved on that date.

Katherine M. Murray
Director, Ministry of Government Services
(143-G383)

Certificate of Dissolution

Notice Is Hereby Given that a certificate of dissolution under the Business Corporations Act, has been endorsed. The effective date of dissolution precedes the corporation listings.

Katherine M. Murray
Director, Ministry of Government Services
(143-G384)

Notice of Default in Complying with the Corporations Information Act

Notice Is Hereby Given under subsection 241(3) of the Business Corporations Act that unless the corporations listed hereunder comply with the filing requirements under the Corporations Information Act within 90 days of this notice orders dissolving the corporation(s) will be issued. The effective date precedes the corporation listings.

Katherine M. Murray
Director
(143-G385)

Cancellation of Certificate of Incorporation (Business Corporations Act)

Notice Is Hereby Given that by orders under subsection 241(4) of the Business Corporation Act, the certificates of incorporation set out hereunder have been cancelled and corporation(s) have been dissolved. The effective date of cancellation precedes the corporation listing.

Katherine M. Murray
Director
(143-G386)

Cancellation for Cause (Business Corporations Act)

Notice Is Hereby Given that by orders under section 240 of the Business Corporation Act, the certificates set out hereunder have been cancelled for cause and in the case of certificates of incorporation the corporations have been dissolved. The effective date of cancellation precedes the corporation listing.

Katherine M. Murray
Director
(143-G387)

Notice of Default in Complying with a Filing Requirement under the Corporations Information Act

Notice Is Hereby Given under subsection 317(9) of the Corporations Act, that unless the corporations listed hereunder comply with the requirements of the Corporations Information Act within 90 days of this Notice, orders will be made dissolving the defaulting corporations. The effective date precedes the corporation listings.

Katherine M. Murray
Director
(143-G388)

Cancellation for Filing Default (Corporations Act)

Notice Is Hereby Given that orders under Section 317(9) of the Corporations Act have been made cancelling the Letters Patent of the following corporations and declaring them to be dissolved. The date of the order of dissolution precedes the name of the corporation.

Katherine M. Murray
Director
(143-G389)

Marriage Act

Certificate Of Permanent Registration as a person authorized to solemnize marriage in Ontario have been issued to the following:

July 12 - July 16

Re-registrations

Certificates Of Temporary Registration as person authorized to solemnize marriage in Ontario have been issued to the following:

July 12 - July 16

Certificate Of Cancellation Of Registration as a person authorized to solemnize marriage in Ontario have been issued to the following:

July 12 - July 16

Judith M. Hartman,
Deputy Registrar General
(143-G390)

Change of Name Act

Notice is hereby given that the following changes of name were granted during the period from July 12, 2010 to July 18, 2010 under the authority of the Change of Name Act, R.S.O 1990, c.c.7 and the following Regulation R.R.O 1990, Reg 68. The listing below shows the previous name followed by the new name.

Judith M. Hartman,
Deputy Registrar General
(143-G391)

Ontario Energy Board

Amendments to the Retail Settlement Code

Note: The text of the amendments is set out in italics below, for ease of identification only.

That portion of Appendix C (Billing Services) of Appendix C (Service Agreement) of the Retail Settlement Code entitled “GST on amounts charged to consumers:” is amended as shown below:

All applicable taxes on amounts charged to consumers:

Distributor-Consolidated Billing – Rate Ready

The Distributor shall calculate, collect and remit to the applicable taxation authority all applicable taxes on both competitive and non-competitive electricity services. The Distributor shall account for all applicable taxes charged on competitive electricity services as they become collectible.

Distributor-Consolidated Billing – Bill Ready

In each of the three options set out below, the Distributor shall calculate, collect and remit to the applicable taxation authority all applicable taxes on noncompetitive electricity services charged to consumers. Applicable taxes with respect to competitive electricity services charged to consumers shall be addressed in the following manner:

• The Distributor shall calculate, collect and remit to the applicable taxation authority all applicable taxes on competitive electricity services. The Distributor shall account for all applicable taxes charged on competitive electricity services as they become collectible.
• The Retailer shall calculate all applicable taxes on competitive electricity services and provide the result to the Distributor as a separate line item or separate line items, as applicable, to accompany the bill ready line item. The Distributor shall collect and remit to the applicable taxation authority all applicable taxes on competitive electricity services. The Distributor shall account for all applicable taxes charged on competitive electricity services as they become collectible.
• The Retailer shall calculate all applicable taxes on competitive electricity services and provide the result to the Distributor as a separate line item or separate line items, as applicable, to accompany the bill ready line item. The Distributor shall collect all applicable taxes on competitive electricity services and forward them to the Retailer as they are collected. The Retailer shall remit all applicable taxes on competitive electricity services to the applicable taxation authority on a collectible basis. (The Distributor must tick one of the above boxes)

Retailer Consolidated Billing

In each of the three options set out below, the Retailer shall calculate, collect and remit to the applicable taxation authority all applicable taxes on competitive electricity services charged to consumers. All applicable taxes with respect to non-competitive electricity services charged to consumers shall be addressed in the following manner:

• The Retailer shall calculate, collect and remit to the applicable taxation authority all applicable taxes on non-competitive electricity services. The Retailer shall account for all applicable taxes charged on non-competitive electricity services as they become collectible.
• The Distributor shall calculate all applicable taxes on non-competitive electricity services and provide the result to the Retailer as a separate line item or separate line items, as applicable. The Retailer shall collect and remit to the applicable taxation authority all applicable taxes on non-competitive electricity services. The Retailer shall account for all applicable taxes charged on non-competitive electricity services as they become collectible.
• The Distributor shall calculate all applicable taxes on non-competitive electricity services and provide the result to the Retailer as a separate line item or separate line items, as applicable. The Retailer shall collect all applicable taxes on non-competitive electricity services and forward them to the Distributor as they are collected. The Distributor shall remit all applicable taxes on non-competitive electricity services to the applicable taxation authority on a collectible basis.

(The Distributor must tick one of the above boxes)

(143-G392)

Ontario Energy Board

Amendments to the Distribution System Code

Note: The text of the amendments is set out in italics below, for ease of identification only.

1. The definition of “renewable energy expansion cost cap” in section 1.2 of the Distribution System Code is amended by adding the following immediately after the words “section 3.2.27A”:

   or section 3.2.27B

2. Paragraph (b) of section 3.2.27 is deleted and replaced with the following:
   2. the apportioned benefit shall be determined by considering such factors as the relative name-plate rated capacity of the parties, the relative load level of the parties and the relative line length in proportion to the line length being shared by both parties, as applicable.

3. Section 3.2 of the Distribution System Code is amended by adding the following immediately after section 3.2.27A:

   3.2.27B Notwithstanding section 3.2.27, when an unforecasted customer that is a renewable energy generation facility to which section 3.2.5A or 3.2.5B applies (the “unforecasted renewable generator”) connects to the distribution system during the customer connection horizon as defined in Appendix B and benefits from an earlier expansion made on or after October 21, 2009 to connect another renewable energy generation facility to which section 3.2.5A or 3.2.5B applies (the “initial renewable generator”), the initial renewable generator shall be entitled to a rebate if the cost of the earlier expansion exceeded the initial renewable generator’s renewable energy expansion cost cap. In such a case, the following rules shall apply:

   1. the distributor shall pay to the initial renewable generator a rebate in an amount determined in accordance with section 3.2.27C; and
   2. the distributor shall collect from the unforecasted renewable generator an amount determined in accordance with section 3.2.27C.

   For greater certainty, no rebate shall be payable to an initial renewable generator towards the cost of an earlier expansion if the cost of the earlier expansion did not exceed the initial renewable generator’s energy expansion cost cap.

   3.2.27C For the purposes of section 3.2.27B:

   1. the amount of the rebate payable by the distributor to the initial renewable generator shall be the difference between the amount paid by the initial renewable generator towards the cost of the earlier expansion and the amount that would have been paid by the initial renewable generator towards that cost, determined in accordance with the rules set out in sections 3.2.5B and 3.2.5C, had the earlier expansion been undertaken for both the initial renewable generator and the unforecasted renewable generator. The rebate shall be without interest; and
   2. the amount to be collected from the unforecasted renewable generator shall be the amount that would have been paid by the unforecasted renewable generator towards the cost of the earlier expansion, determined in accordance with the rules set out in sections 3.2.5B and 3.2.5C, had the earlier expansion been undertaken for both the initial renewable generator and the unforecasted renewable generator.

   3.2.27D Notwithstanding section 3.2.27, an unforecasted customer that is a load customer or a generation customer to which neither section 3.2.5A or 3.2.5B applies, that connects to the distribution system during the customer connection horizon as defined in Appendix B and that benefits from an earlier expansion made on or after October 21, 2009 to connect a renewable generation facility to which section 3.2.5A or 3.2.5B applies (the “initial renewable generator”) shall contribute towards the cost of the earlier expansion. In such a case, the following rules shall apply:

   1. where the cost of the earlier expansion exceeded the initial renewable generator’s renewable energy expansion cost cap, the initial renewable generator and the distributor shall be entitled to a rebate in an amount determined in accordance with sections 3.2.27 and 3.2.27E; or
   2. where the cost of the earlier expansion was at or below the initial renewable generator’s renewable energy expansion cost cap, the distributor shall be entitled to a rebate in an amount determined in accordance with section 3.2.27.

   3.2.27E For the purposes of section 3.2.27D(a), the amount of the rebate shall be apportioned between the initial renewable generator and the distributor on a pro-rata basis based on their respective contributions to the cost of the earlier expansion.

   3.2.27F For greater certainty:

   1. sections 3.2.27B and 3.2.27D do not apply in respect of an expansion referred to in section 3.2.5A(a) or 3.2.5B(a);
   2. the amount of the rebate payable to an initial renewable generator under section 3.2.27B or section 3.2.27D(a) shall not exceed the amount paid by the initial renewable generator as a capital contribution towards the cost of the earlier expansion; and
   3. where an earlier expansion referred to in section 3.2.27B or 3.2.27D was made to connect more than one renewable energy generation facility to which section 3.2.5B applies, the amount of the rebate payable to the renewable generators shall be apportioned between them on a pro-rata basis based on the total name-plate rated capacity of each renewable energy generation facility referred to in section 6.2.9(a) (in MW).

(143-G393)

Ontario Energy Board

Customer Service Amendments to the Distribution System Code, the Retail Settlement Code and the Standard Supply Service Code

Note: The text of the amendments is set out in italics below, for ease of identification only.

Part I: Amendments to the Distribution System Code

1. Section 1.7 of the Distribution System Code is amended by adding to the end of the paragraph “All of section 7, Service Quality Requirements, comes into force on January 1, 2009” the following “with the exception of section 7.10”, and by adding the following paragraphs thereafter:

   The amendments to sections 2.7.1 to 2.7.5, and 4.2.2.6 and 4.2.2.7, come into force on October 1, 2010.

   The amendments to sections 2.4.17, 2.4.20A, 2.4.22A, 2.4.23A, 2.4.25A, 2.4.26A, 2.4.2B, 2.4.10, 2.6.1 to 2.6.7, 4.2.2 to 4.2.4, and 7.10.1 to 7.10.2 come into force on January 1, 2011.

   The amendments to sections 2.8.1 to 2.8.3, and 6.1.2, come into force on April 1, 2011.

2. Section 2.4.10 of the Distribution System Code is amended by adding immediately after the words “a disconnect / collect trip has occurred” the phrase “or the distributor had to apply a security deposit in accordance with section 2.4.26A and required the customer to repay the security deposit in accordance with section 2.4.26B”.
3. Section 2.4.17 of the Distribution System Code is amended by adding the phrase “, other than a residential electricity customer,” immediately after the phrase “Where a customer”.

4. Section 2.4.20 of the Distribution System Code is amended by replacing “installments” with “instalments” in the first sentence and by adding the following new paragraph:

   2.4.20A Despite section 2.4.20, a distributor shall permit a residential customer to provide a security deposit in equal instalments paid over a period of at least 6 months, including where a new security deposit is required due to the distributor having applied the existing security deposit against amounts owing under section 2.4.26A. A customer may elect to pay the security deposit over a shorter period of time.

5. Section 2.4.22 of the Distribution System Code is amended by adding the following new paragraph:

   2.4.22A For the purposes of section 2.4.22, where a residential customer has paid a security deposit in instalments, a distributor shall conduct a review of the customer’s security deposit in the calendar year in which the anniversary of the first instalment occurs and thereafter at the next review as required by this Code.

6. Section 2.4.23 of the Distribution System Code is amended by adding the following new paragraph:

   2.4.23A For the purposes of section 2.4.23, where a residential customer has paid a security deposit in instalments, the customer shall not be entitled to request a review of the security deposit until 12 months after the first instalment was paid.

7. Section 2.4.25 of the Distribution System Code is amended by adding the following new paragraph:

   2.4.25A Despite section 2.4.25, where a residential electricity customer is required to adjust the security deposit upwards, a distributor shall permit the customer to pay the adjustment amount in equal instalments paid over a period of at least 6 months. A customer may elect to pay the security deposit over a shorter period of time.

8. Section 2.4.26 of the Distribution System Code is amended by adding the following new paragraphs:

   2.4.26A A distributor shall not issue a disconnection notice to a residential customer for non-payment unless the distributor has first applied any security deposit held on account for the customer against any amounts owing at that time and the security deposit was insufficient to cover the total amount owing.

   2.4.26B Where a distributor applies all or part of a security deposit to offset amounts owing by a residential customer under section 2.4.26A, the distributor may request that the customer repay the amount of the security deposit that was so applied. The distributor shall allow the residential customer to repay the security deposit in instalments in accordance with section 2.4.20A.

9. Section 2 of the Distribution System Code is amended by adding the following new heading and paragraphs:

9. 2. 6. Bill Issuance and Payment
         1. A distributor shall include on each bill issued to a customer the date on which the bill is printed.
         2. Except as otherwise permitted by this Code, a distributor shall not treat a bill issued to a customer as unpaid, and shall not impose any late payment or other charges associated with non-payment, until the applicable minimum payment period set out in section 2.6.3 has elapsed.

         3. For the purposes of section 2.6.2, the minimum payment period shall be 16 days from the date on which the bill was issued to the customer.
             

            A distributor may provide for longer minimum payment periods, provided that any such longer minimum payment periods are documented in the distributor’s Conditions of Service.

         4. For the purposes of section 2.6.3, a bill will be deemed to have been issued to a customer:
            1. if sent by mail, on the third day after the date on which the bill was printed by the distributor;
            2. if made available over the internet, on the date on which an e-mail is sent to the customer notifying the customer that the bill is available for viewing over the internet;
            3. if sent by e-mail, on the date on which the e-mail is sent; or
            4. if sent by more than one of the methods listed in paragraphs (a) to (c), on whichever date of deemed issuance occurs last.
         5. A distributor shall apply the following rules for purposes of determining the date on which payment of a bill has been received from a customer:
            1. if paid by mail, three days prior to the date on which the distributor receives the payment;
            2. if paid at a financial institution or electronically, on the date on which the payment is acknowledged or recorded by the customer’s financial institution; or
            3. if paid by credit card issued by a financial institution, on the date and at the time that the charge is accepted by the financial institution.
         6. Where a bill issued to a residential customer includes charges for goods or services other than electricity charges, a distributor shall allocate any payment made by the customer first to the electricity charges and then, if funds are remaining, to the charges for other goods or services.
            1. Section 2.6.6 does not apply to existing joint billing agreements until the renewal date of such agreements or 2 years, whichever comes earlier, and thereafter the provisions of section 2.6.6 will be deemed applicable.
            2. Where payment on account of a bill referred to in section 2.6.6 or 2.6.6.1 is sufficient to cover electricity charges, the distributor shall not impose late payment charges, issue a disconnection notice or disconnect electricity supply.
            3. For the purposes of this section, “electricity charges” are:
               1. charges that appear under the sub-headings “Electricity”, Delivery”, “Regulatory Charges” and “Debt Retirement Charge” as described in Ontario Regulation 275/04 (Information on Invoices to Low-volume Consumers of Electricity) made under the Act, and all applicable taxes on those charges;
               2. where applicable, charges prescribed by regulations under section 25.33 of the Electricity Act, 1998 and all applicable taxes on those charges; and
               3. Board-approved late payment fees, specific service charges and such other charges and applicable taxes associated with the consumption of electricity as may be required by law to be included on the bill issued to the customer or as may be designated by the Board for the purposes of this section but not including security deposits.

         7. For the purposes of section 2.6, a distributor shall apply the following rules relating to the computation of time:

            1. where there is reference to a number of days between two events, the days shall be counted by excluding the day on which the first event happens and including the day on which the second event happens;
            2. where the time for doing an act expires on a day that is not a business day, the act may be done on the next day that is a business day;
            3. where an act, other than payment by a customer, occurs on a day that is not a business day, it shall be deemed to have occurred on the next business day;
            4. where an act, other than payment by a customer, occurs after 5:00 p.m., it shall be deemed to have occurred on the next business day; and
            5. receipt of a payment by a customer is effective on the date that the payment is made, including payments made after 5:00 p.m.

            For the purposes of this section, a “business day” is any day other than a Saturday or a holiday as defined in section 88 of the Legislation Act, 2006.

10. Section 2 of the Distribution System Code is amended by adding the following new heading and paragraphs:

10. 2. 7. Arrears Management Programs
          1. A distributor shall make available to any residential electricity customer who is unable to pay his or her outstanding electricity charges, as defined in section 2.6.6.3, the opportunity to enter into an arrears payment agreement with the distributor. The arrears payment agreement shall include, at a minimum, the terms and conditions specified in sections 2.7.1.1 – 2.7.5 inclusive.
             1. Before entering into an arrears payment agreement under section 2.7, a distributor shall apply any security deposit held on account of the customer against any electricity charges owing at the time.
             2. As part of the arrears payment agreement, a distributor may require that the customer pay a down payment of up to 15% of the electricity charge arrears accumulated, inclusive of any applicable late payment charges but excluding other service charges, when entering into the arrears management program.
          2. The arrears payment agreement referred to in section 2.7.1 shall allow the residential electricity customer to pay all remaining electricity charges that are then overdue for payment as well as the current bill amount if the customer elects to do so, after applying a security deposit under section 2.7.1.1, and the down payment referred to in section 2.7.1.2, including all electricity-related service charges that have accrued to the date of the agreement, over the following periods:
             1. a period of at least 5 months, where the total amount of the electricity charges remaining overdue for payment is less than twice the customer’s average monthly billing amount; or
             2. a period of at least 10 months, where the total amount of the electricity charges remaining overdue for payment is equal to or exceeds twice the customer’s average monthly billing amount.
          3. For the purposes of section 2.7.2, the customer’s average monthly billing amount shall be calculated by taking the aggregate of the total electricity charges billed to the customer in the preceding 12 months and dividing that value by 12. If the customer has been a customer of the distributor for less than 12 months, the customer’s average monthly billing amount shall be based on a reasonable estimate made by the distributor. For the purposes of this section, “electricity charges” has the same meaning as in section 2.6.6.3.

          4. Where a customer defaults on more than one occasion in making a payment in accordance with an arrears payment agreement or on account of a current electricity charge billing, the distributor may cancel the arrears payment agreement.

             2.7.4.1 If the distributor cancels an arrears payment agreement pursuant to section 2.7.4, the distributor will give written notice of cancellation to the customer and to any third party designated by the customer under section 2.7.4.1A at least 10 days before the effective date of the cancellation.

             2.7.4.1A Where, at the time of entering into an arrears payment agreement a customer has designated a third party to receive notice of cancellation of the arrears payment agreement, the distributor shall provide notice of cancellation to such third party.

             2.7.4.1B A distributor shall accept electronic mail (e-mail) or telephone communications from the customer for purposes of section 2.7.4.1A.

             2.7.4.2 If the customer makes payment of all amounts due pursuant to the arrears payment agreement as of the cancellation date referred to in section 2.7.4.1 and makes such payment on or before the cancellation date, the distributor shall reinstate the arrears payment agreement.

          5. A distributor shall make available to a residential electricity customer a second arrears payment agreement if the customer so requests, provided that 2 years or more has passed since a first arrears payment agreement was entered into and provided that the customer performed his or her obligations under the first arrears payment agreement.
11. Section 2 of the Distribution System Code is amended by adding the following new heading and paragraphs:

11. 2. 1. Opening and Closing of Accounts
          1. Where a distributor opens an account for a property in the name of a person at the request of a third party, the distributor shall within 15 days of the opening of the account send a letter to the person advising of the opening of the account and requesting that the person confirm that he or she agrees to be the named customer. If the distributor does not receive confirmation from the intended customer, within 15 days of the date of the letter, the distributor shall advise the third party that the account will not be set up as requested.
             1. The distributor is not required to send a letter advising of the opening of the account where the request to open the account is made in writing by the person’s solicitor or person in possession of a valid Power of Attorney for the person.
          2. Despite any other provision of this Code, with the exception of the parties mentioned in section 2.8.1.1, where a distributor has opened an account for a property in the name of a person at the request of a third party, the distributor shall not seek to recover from that person any charges for service provided to the property unless the person has agreed to be the customer of the distributor in relation to the property.

          3. Despite any other provision of this Code, with the exception of the parties mentioned in section 2.8.1.1 or an agreement under section 2.8.3A, where a distributor receives a request to close or transfer an account in relation to a rental unit in a residential complex as defined in the Residential Tenancies Act, 2006 or another residential property, the distributor shall not seek to recover any charges for service provided to that rental unit or residential property after closure of the account from any person, including the landlord for the residential complex or a new owner of the residential property, unless the person has agreed to assume responsibility for those charges.

             2.8.3A A distributor may enter into an agreement with a landlord whereby the landlord agrees to assume responsibility for paying for continued service to the rental property after closure of a tenant’s account.

          4. For the purposes of section 2.8, the requirement for an agreement in writing includes agreements in electronic form in accordance with the Electronic Commerce Act, 2000.

             2.8.4A For the purposes of sections 2.8.1, 2.8.2 and 2.8.3, the agreement may be established by verbal request over the telephone provided that a recording of the verbal request is retained by the distributor for 24 months thereafter.

             2.8.4B For the purposes of section 2.8.3A, the agreement may be established by verbal request over the telephone provided that a recording of the verbal request is retained by the distributor for the length of the agreement, plus an additional 6 months.

          5. Nothing in sections 2.8.1 – 2.8.4B inclusive is intended to void or cancel any binding agreements for service existing as of the effective date of these amendments or any pre-existing agreements between landlords and distributors.

             [Note: For ease of identification, section 4.2 of the Distribution System Code pertains to “Disconnection and Reconnection”]

12. Sections 4.2.2 and 4.2.3 of the Distribution System Code are deleted and replaced with the following paragraphs:

12. 4. 2. 1. A distributor that intends to disconnect, pursuant to section 31 of the Electricity Act, 1998, the property of a residential customer for non- payment shall send or deliver a disconnection notice to the customer that contains, at a minimum, the following information:

             1. the date on which the disconnection notice was printed by the distributor;
             2. the earliest and latest dates on which disconnection may occur, in accordance with sections 4.2.3 and 4.2.2.3;
             3. the amount that is then overdue for payment, including all applicable late payment and other charges associated with non- payment to that date;
             4. the amount of any approved service charge(s) that may apply if disconnection occurs, and the circumstances in which each of these charges is payable;
             5. the forms of payment that the customer may use to pay all amounts that are identified as overdue in the disconnection notice, which must at least include payment by credit card issued by a financial institution as described in section 4.2.4 and any other method of payment that the distributor ordinarily accepts and which can be verified within the time period remaining before disconnection;
             6. the time period during which any given form of payment listed under paragraph (e) will be accepted by the distributor;
             7. that, in order to avoid disconnection if the distributor attends at the customer’s property to execute the disconnection, a customer will only be able to pay by credit card issued by a financial institution, unless the distributor, in its discretion, will accept other forms of payment at that time and sets out the other forms of payment in the disconnection notice;
             8. that a disconnection may take place whether or not the customer is at the premises;
             9. that, where applicable, the disconnection may occur without attendance at the customer’s premises;
             10. that a Vital Services By-Law may exist in the customer’s community and that the customer should contact their local municipality for more information;
             11. that a Board- prescribed arrears management program may be available to all residential customers, and that other voluntary bill payment and financial assistance may be available, and contact information for the distributor where the customer can obtain further information about available assistance; and
             12. any additional option(s) that the distributor chooses, in its discretion, to offer to the customer to avoid disconnection and the deadline for the customer to avail himself or herself of such option(s).
             1. A distributor that sends or delivers to a customer a disconnection notice, pursuant to section 31(2) of the Electricity Act, 1998, for non- payment shall not include that notice in the same envelope as a bill or any other documentation emanating from the distributor.

             2. A distributor shall, at the request of a residential customer, send a copy of any disconnection notice issued to the customer for non-payment to a third party designated by the customer for that purpose provided that the request is made no later than the last day of the applicable minimum notice period set out in section 4.2.3. In such a case:

                1. the distributor shall notify the third party that the third party is not, unless otherwise agreed with the distributor, responsible for the payment of any charges for the provision of electricity service in relation to the customer’s property; and
                2. the rules set out in sections 2.6.4 and 2.6.7 shall apply, with such modifications as the context may require, for the purposes of determining the date of receipt of the disconnection notice by the third party.

                4.2.2.2A A customer may, at any time prior to disconnection, designate a third party to also receive any future notice of disconnection and the distributor shall send notice of disconnection to such third party.

                4.2.2.2B A distributor shall accept electronic mail (e-mail) or telephone communications from the customer for purposes of section 4.2.2.2A.

             1. A disconnection notice issued for non-payment shall expire on the date that is 11 days from the last day of the applicable minimum notice period referred to in section 4.2.3, determined in accordance with the rules set out in section 2.6.7. A distributor may not thereafter disconnect the property of the customer for non-payment unless the distributor issues a new disconnection notice in accordance with section 4.2.2.
             2. A distributor shall make reasonable efforts to contact, in person or by telephone, a residential customer to whom the distributor has issued a disconnection notice for non-payment at least 48 hours prior to the scheduled date of disconnection. At that time, the distributor shall:
                1. advise the customer of the scheduled date for disconnection;
                2. advise the customer that a disconnection may take place whether or not the customer is at the premises;
                3. where applicable, advise the customer that the disconnection may occur without attendance at the customer’s premises;
                4. advise that the customer has the option to pay amounts owing by credit card issued by a financial institution, in addition to other forms of payment that the distributor will accept at that time and which can be verified within the time period remaining before disconnection; and advise during what hours such payments may be made;
                5. advise the customer that, if the distributor attends at the customer’s property to execute the disconnection, the customer will only be able to pay by credit card issued by a financial institution, unless the distributor, in its discretion, will accept other forms of payment at that time;
                6. advise the customer that a Board-prescribed arrears management program may be available to the customer; the distributor must be prepared to enter into an arrears payment agreement at that time if the customer is eligible under section 2.7; and
                7. advise the customer of any additional option(s) that the distributor, in its discretion, wishes to offer to the customer to avoid disconnection.
             3. Where a distributor issues a disconnection notice for non-payment in respect of the disconnection of a multi-unit, master-metered building, the distributor shall post a copy of the disconnection notice in a conspicuous place on or in the building promptly after issuance of the notice.
             4. A distributor shall suspend any disconnection action for a period of 21 days from the date of notification by a registered charity, government agency or social service agency that it is assessing a residential customer for the purposes of determining whether the customer is eligible to receive bill payment assistance, provided such notification is made within 10 days from the date on which the disconnection notice is received by the customer. Where a residential customer had requested prior to the issuance of the disconnection notice that the distributor also provide a copy of any disconnection notice to a third party, the distributor shall suspend any disconnection action for a period of 21 days from the date of notification by the third party that he, she or it is attempting to arrange assistance with the bill payment, provided such notification is made within 10 days from the date on which the disconnection notice is received by the customer.
             5. Despite section 4.2.2.6, upon notification by a registered charity, government agency or social service agency that a customer is not eligible to receive bill payment assistance, or if another third party who was considering the provision of bill assistance decides not to proceed, the distributor may continue its disconnection process. Distributors will have up to 11 days to act on the previous disconnection notice and must make a further reasonable effort to contact the customer in accordance with section 4.2.2.4 prior to executing disconnection.

          2. A distributor shall not disconnect a customer for non-payment until the following minimum notice periods have elapsed.

             1. 60 days from the date on which the disconnection notice is received by the customer, in the case of a residential customer that has provided the distributor with documentation from a physician confirming that disconnection poses a risk of significant adverse effects on the physical health of the customer or on the physical health of the customer’s spouse, dependent family member or other person that regularly resides with the customer; or
             2. 10 days from the date on which the disconnection notice is received, in all other cases.
             1. For the purposes of section 4.2.3:
                1. where a disconnection notice is sent by mail, the disconnection notice shall be deemed to have been received by the customer on the third business day after the date on which the notice was printed by the distributor;
                2. where a disconnection notice is delivered by personal service, the disconnection notice shall be deemed to have been received by the customer on the date of delivery;
                3. where a disconnection notice is delivered by being posted on the customer’s property, the disconnection notice shall be deemed to have been received by the customer on the date of such posting;
                4. “spouse” has the meaning given to it in section 29 of the Family Law Act;
                5. “dependent family member” means a “dependent” as defined in section 29 of the Family Law Act and also includes a grandparent who, based on need, is financially dependent on the customer; and
                6. the distributor shall apply the rules relating to the computation of time set out in section 2.6.7.

12. 4. 2. 1. 1. Where a distributor has issued a disconnection notice to a residential customer for non-payment, the distributor shall ensure it has the facilities or staff available to permit the customer to pay all amounts that are then overdue for payment by credit card issued by a financial institution. Subject to paragraph (b), this payment option must be offered during the regular business hours of the distributor, from the time the disconnection notice is delivered to a residential customer until the time the distributor’s staff attends at the customer’s premises to execute the disconnection.
             2. Where a distributor attends at a customer’s property to execute a disconnection, whether during or after the distributor’s regular business hours, the distributor shall ensure it has the facilities or staff available at that time to permit the customer to pay all amounts that are then overdue for payment by credit card issued by a financial institution. The distributor may, in its discretion, also accept other forms of payment at the time of disconnection.
             3. Where a distributor was unsuccessful in its attempt to contact a residential customer 48 hours before the planned disconnection as required under section 4.2.2.4, and the distributor intends to execute the disconnection by attendance at the customer’s premises, the distributor shall make a reasonable attempt to communicate with the customer, with due regard for the safety and security of the distributor’s personnel, if the customer is at the property, to advise that disconnection will be executed and that payment may be made by credit card issued by a financial institution.

             [Note: For ease of identification, section 6.1 of the Distribution System Code pertains to “Responsibilities to Load Customers”]

13. Section 6.1.2 of the Distribution System Code is amended by adding the following new paragraphs:

13. 6. 1. 2. 1. Nothing in section 6.1.2 shall be construed as permitting a distributor to recover or to seek to recover charges for a service provided to a property from any person other than a person that has agreed to be the customer of the distributor in relation to the property or that has agreed to assume responsibility for those charges.
             2. For the purposes of section 6.1.2.1, the agreement may be in electronic form pursuant to the Electronic Commerce Act, 2000, and includes telephone communications provided that a recording of the telephone communication is retained by the distributor for 24 months thereafter.
             3. Section 6.1.2.1 applies to all agreements entered into after the effective date of these amendments and is not intended to void or cancel any binding agreements for service existing as of the effective date of these amendments.
14. Section 7 of the Distribution System Code is amended by adding the following heading and paragraphs:

14. 7. 10. Reconnection Standards
           1. Where a distributor has disconnected the property of a customer for non-payment, the distributor shall reconnect the property within 2 business days, as defined in section 2.6.7, of the date on which the customer:
              1. makes payment in full of the amount overdue for payment as specified in the disconnection notice; or
              2. enters into an arrears payment agreement with the distributor referred to in section 2.7.
           2. This service quality requirement must be met at least 85 percent of the time on a yearly basis.

Part II: Amendments to the Retail Settlement Code

1. Section 1.2 of the Retail Settlement Code is amended to add the following definition: 

   “customer” means a person that has contracted for or intends to contract for connection of a building or an embedded generation facility. This includes developers of residential or commercial subdivisions.

2. Section 1.7 of the Retail Settlement Code is amended by adding the following sentence at the end of the section: 

   The amendments to section 7.7 come into force on April 1, 2011.

3. Section 7.7 of the Retail Settlement Code is deleted and replaced with the following new sections: 

   The following rules apply to billing errors in respect of which Measurement Canada has not become involved in the dispute:

3. 7. 7. 1. Where a distributor has over billed a customer or retailer by an amount that is equal or exceeds the customer’s or retailer’s average monthly billing amount, determined in accordance with section 7.7.5, the distributor shall, within 10 days of determination of the error, notify the customer or retailer of the over billing and advise that the customer or retailer may elect to have the full amount credited to their account or repaid in full by cheque, within 11 days of requesting payment by cheque. Where the customer or retailer has not requested payment by cheque within 10 days of notification of the error by the distributor, the distributor may credit the full amount to the account.
         2. Where a distributor has over billed a customer or retailer by an amount that is less than the customer’s or retailer’s average monthly billing amount, determined in accordance with section 7.7.5, the distributor shall credit the account in the next regularly scheduled bill issued to the customer or retailer.
         3. If there are outstanding arrears on the customer’s or retailer’s account, the distributor is not required to repay the over-billed amount but may apply it to the arrears on the customer’s or retailer’s account and credit or repay to the customer or retailer the remaining balance.
         4. Where a distributor has under billed a customer who is not responsible for the error, the distributor shall allow the customer to pay the under- billed amount in equal instalments over a period at least equal to the duration of the billing error, up to a maximum of 2 years.
         5. For the purposes of sections 7.7.1 and 7.7.2, the customer’s or retailer’s average monthly billing amount shall be calculated by taking the aggregate of the total electricity charges billed to the customer or retailer in the preceding 12 months and dividing that value by 12. If the customer has been receiving service from a distributor for less than 12 months, the customer’s average monthly billing amount shall be based on a reasonable estimate made by the distributor. For the purposes of this section, “electricity charges” has the same meaning as in section 2.6.6.3 of the Distribution System Code, subject to any adjustments necessary to take into account other electricity-related charges billed to non-residential customers.
         6. Where a distributor has under billed a customer or retailer who is responsible for the error, whether by way of tampering, willful damage, unauthorized energy use or other unlawful actions, the distributor may require payment of the full under-billed amount by means of a corresponding charge on the next regularly scheduled bill issued to the customer or retailer or on a separate bill to be issued to the customer or retailer responsible for the error. Where disconnection has occurred, the distributor may require payment of such bill prior to the reconnection of service upon request by the customer responsible for the tampering, willful damage, unauthorized energy use or other unlawful actions that caused the under billing.
         7. Where the distributor has under billed a customer or retailer, the maximum period of under billing for which the distributor is entitled to be paid is 2 years. Where the distributor has over billed a customer or retailer, the maximum period of over billing for which the customer or retailer is entitled to be repaid is 2 years.
         8. A distributor may charge interest on under-billed amounts only where the customer or retailer was responsible for the error, whether by way of tampering, willful damage, unauthorized energy use or other unlawful actions. Such interest shall be equal to the prime rate charged by the distributor’s bank.
         9. A distributor that has over billed a customer or retailer and the billing error is not the result of a distributor’s standard documented billing practices, shall pay interest on the amount credited or repaid to the customer or retailer equal to the prime rate charged by the distributor’s bank.
         10. The entity billing a customer, whether it is a distributor or retailer, is responsible for advising the customer of any meter error and of his, her or its rights and obligations under the Electricity and Gas Inspection Act (Canada).The billing party is also responsible for subsequently settling actual payment differences with the customer as described above.
         11. The provisions of section 7.7 do not apply where the distributor has over billed or under billed a customer or retailer but issues a corrected bill within 16 days of the issue date of the original erroneous bill.

Part III: Amendments to the Standard Supply Service Code

1. Section 1.6 of the Standard Supply Service Code is amended by adding the following section: 

   1.6.4 The amendments to section 2.6.2 come into force on April 1, 2011.

2. Section 2.6.2 of the Standard Supply Service Code is deleted and replaced with the following new sections: 

   2.6.2 A distributor shall offer an equal monthly payment plan option to all residential customers receiving standard supply service. The equal monthly payment plan option shall meet the following minimum requirements:

   1. a distributor may only refuse to provide an equal monthly payment plan option to a customer that is in arrears on payment to the distributor for electricity charges, as defined in the Distribution System Code, and that has not entered into an arrears payment agreement with the distributor as referred to in the Distribution System Code;
   2. a distributor may require a residential customer on an equal monthly payment plan to agree to pre-authorized automatic monthly payment withdrawals from the customer’s account with a financial institution if the billing cycle of the distributor is less frequently than monthly;
   3. despite any other code issued by the Board, the equal payment plan option offered to a residential electricity customer shall provide for the customer to make equalized payments on a monthly basis and shall make provision for the customer to select from at least two dates within the month on which the monthly equalized payment is due and the pre-authorized payment is withdrawn from the customer’s bank account;
   4. a distributor may issue its bill to a residential customer on a monthly equal payment plan on a monthly, bi-monthly or quarterly basis;
   5. subject to paragraph (f), the equal monthly payment plan shall provide for annual reconciliation of the plan as follows:
      1. while a customer may join an equal monthly payment plan at any time during the calendar year, the distributor is only required to reconcile all of its equal monthly payment plans once during the calendar year and not on the 12^th month anniversary since each individual customer joined the plan;
      2. in the first year of an equal monthly payment plan and where the customer has been on the plan for less than 12 months, the customer may receive a reconciliation earlier than the 12^th month anniversary, as a result of subsection i);
      3. while a distributor is only required to reconcile equal monthly payment plans on an annual basis, a distributor shall review its equal monthly payment plans quarterly or semi-annually and adjust the equal monthly payment amounts in the event of material changes in a customer’s electricity consumption or a customer’s electricity charges as defined in section 2.6.2A(b);
      4. where the annual reconciliation demonstrates that funds are owing to the customer in an amount that is less than the customer’s average monthly billing amount, the distributor shall credit the amount to the customer’s account;
      5. where the annual reconciliation demonstrates that funds are owing to the customer in an amount that is equal to or exceeds the customer’s average monthly billing amount, the distributor shall credit the amount to the customer’s account and advise the customer that the customer may contact the distributor within 10 days of the date of the bill to request refund of the overpayment by cheque instead and the distributor shall make payment within 11 days of the customer’s request;
      6. where the annual reconciliation demonstrates that funds are owing by the customer in an amount that is less than the customer’s average monthly billing amount, the distributor may collect the full amount owed by a corresponding charge on the bill issued to the customer in the 12^th month of the equal monthly payment plan; and
      7. where the annual reconciliation demonstrates that funds are owing by the customer in an amount that is equal to or exceeds the customer’s average monthly billing, the distributor shall roll over the balance due to the following year’s equal monthly payment plan and recover the balance over the first 11 months of the following year’s equal monthly payment plan; and
   6. where a customer leaves the equal monthly payment plan for any reason, the distributor shall conduct a reconciliation and shall include any funds owing by or to the customer as a charge or credit on the next regularly scheduled bill issued to the customer.

   2.6.2A For the purposes of section 2.6.2:

   1. a customer’s average monthly billing amount shall be calculated by taking the aggregate of the total electricity charges billed to the customer in the preceding 12 months and dividing that value by 12. If the customer has been receiving service from a distributor for less than 12 months, the customer’s average monthly billing amount shall be based on a reasonable estimate made by the distributor. For the purposes of this section, “electricity charges” has the same meaning as in section 2.6.6.3 of the Distribution System Code; and
   2. where a residential customer requests equal payment, the equalized monthly payment amount shall include all “electricity charges” as defined in section 2.6.6.3 of the Distribution System Code.

(143-G394)

Financial Services Commission of Ontario

The Insurance Act, subsection 43(1.2), requires that the Superintendent of Financial Services publish in The Ontario Gazette in July of each year a list of the classes of insurance made by Superintendent order for the purposes of the Act and of licences granted to insurers under the Act.

Classes of Insurance and Definitions for Purposes of the Insurance Act, R.S.O 1990, c. I. 8, as amended (the “Act”) By order of the Superintendent of Financial Services Section 43 of the Act

“accident and sickness insurance” means insurance

1. against loss resulting from bodily injury to, or the death of, a person caused by an accident;
2. under which an insurer undertakes to pay a certain sum or sums of insurance money in the event of bodily injury to, or the death of, a person caused by an accident;
3. against loss resulting from the sickness or disability of a person excluding loss resulting from an accident or death;
4. under which an insurer undertakes to pay a certain sum or sums of insurance money in the event of the sickness or disability of a person not caused by an accident; or
5. under which an insurer undertakes to pay insurance money in respect of the health care, including the dental care and the preventive care, of a person.

“aircraft insurance” means insurance against

1. liability arising out of bodily injury to, or the death of, a person, or the loss of, or damage to, property, in each case caused by an aircraft or the use of an aircraft; or
2. the loss of, the loss of use of, or damage to, an aircraft.

“automobile insurance” means insurance

1. against liability arising out of bodily injury to, or the death of, a person, or the loss of, or damage to, property, in each case caused by an automobile or the use or operation of an automobile;
2. against the loss of, the loss of use of, or damage to, an automobile; or
3. that falls within paragraph (a) or (b) of the class of accident and sickness insurance, if the accident is caused by an automobile or the use or operation of an automobile, whether or not liability exists in respect of the accident, and the automobile insurance contract includes insurance against liability arising out of bodily injury to, or the death of, a person caused by an automobile or the use or operation of an automobile.

“boiler and machinery insurance” means insurance

1. against liability arising out of bodily injury to, or the death of, a person, or the loss of, or damage to, property, or against the loss of, or damage to, property, in each case caused by the explosion or rupture of, or accident to, pressure vessels of any kind or pipes, engines and machinery connected to or operated by those pressure vessels; or
2. against liability arising out of bodily injury to, or the death of, a person, or the loss of, or damage to, property, or against the loss of, or damage to, property, in each case caused by a breakdown of machinery.

“credit insurance” means insurance against loss to a person who has granted credit if the loss is the result of the insolvency or default of the person to whom the credit was given.

“credit protection insurance” means insurance under which an insurer undertakes to pay off credit balances or debts of an individual, in whole or in part, in the event of an impairment or potential impairment in the individual=s income or ability to earn an income.

“fidelity insurance” means

1. insurance against loss caused by the theft, the abuse of trust or the unfaithful performance of duties, by a person in a position of trust; and
2. insurance under which an insurer undertakes to guarantee the proper fulfillment of the duties of an office.

“hail insurance” means insurance against the loss of, or damage to, crops in the field caused by hail.

“legal expenses insurance” means insurance against the costs incurred by a person or persons for legal services specified in the legal expenses insurance policy, including any retainer and fees incurred for the services, and other costs incurred in respect of the provision of the services.

“liability insurance” means insurance other than insurance that is incidental to another class of insurance,

1. against liability arising out of bodily injury to, or the disability or death of, a person, including an employee;
2. against liability arising out of the loss of, or damage to, property; or
3. if the liability insurance contract includes the insurance described in paragraph (a), against expenses arising out of bodily injury to a person other than the insured or a member of the insured’s family, whether or not liability exists.

“life insurance”

1. means any insurance that is payable
   1. on death,
   2. on the happening of an event or contingency dependent on human life,
   3. at a fixed or determinable future time, or
   4. for a term dependent on human life; and
2. without restricting the generality of paragraph (a), includes
   1. insurance under which an insurer, as part of a contract of life insurance, undertakes to pay an additional sum of insurance money in the event of the death by accident of the person whose life is insured,
   2. insurance under which an insurer, as part of a contract of life insurance, undertakes to pay insurance money or to provide other benefits in the event that the person whose life is insured becomes disabled as a result of bodily injury or disease, and
   4. an undertaking to provide an annuity, or what would be an annuity except that the periodic payments may be unequal in amount, for a term dependent solely or partly on a human life, and such an undertaking shall be deemed always to have been life insurance.

“marine insurance” means insurance against,

1. liability arising out of,
   1. bodily injury to or death of a person, or
   2. the loss of or damage to properties, or
2. the loss of or damage to property,

occurring during a voyage or marine adventure at sea or on an inland waterway or during delay incidental thereto, or during transit otherwise than by water incidental to such a voyage or marine adventure.

"mortgage insurance" means insurance against loss caused by default on the part of a borrower under a loan secured by a mortgage or charge on real property or an immovable, a hypothec on an immovable or any other interest in real or immovable property.

“other approved products insurance” means insurance against risks that do not fall within another class of insurance.

“property insurance” means insurance against the loss of, or damage to, property and includes insurance against loss caused by forgery.

“surety insurance” means insurance under which an insurer undertakes to guarantee the due performance of a contract or undertaking or the payment of a penalty or indemnity for any default.

“title insurance” means insurance against loss or damage caused by

1. the existence of a mortgage, charge, lien, encumbrance, servitude or any other restriction on real property;
2. the existence of a mortgage, charge, lien, pledge, encumbrance or any other restriction on personal property;
3. a defect in any document that evidences the creation of any restriction referred to in paragraph (a) or (b);
4. a defect in the title to property; or
5. any other matter affecting the title to property or affecting the right to the use and enjoyment of property.

(143-G395E)

Financial Services Commission of Ontario

July 2010

Professional Services Guideline - Superintendent’s Guideline No. 06/10

Introduction

This Guideline is issued pursuant to subsection 268.3 (1) of the Insurance Act for the purposes of subsections 15 (2) (b), 16 (4) (a), 17 (2) and 25 (3) of the Statutory Accident Benefits Schedule – Effective September 1, 2010 (SABS), and applies to expenses related to professional services rendered on or after September 1, 2010.

The maximum hourly rates and the maximum fees for the forms listed in this Guideline apply to services rendered on or after September 1, 2010, even if they are approved prior to September 1, 2010.

Purpose

This Guideline establishes the maximum expenses payable by automobile insurers under the SABS related to the services of any of the health care professions or health care providers listed in this Guideline. These maximums are applicable to:

• a medical benefit under clauses 15 (1) (a), (b), or (h) of the SABS;
• a rehabilitation benefit under clauses 16 (3) (a) to (g) or (l) of the SABS;
• case management services under subsection 17 (1) of the SABS; or
• conducting an examination, assessment or provision of a certificate, report or treatment plan under subsection 25 (3) of the SABS.

Insurers are not prohibited from paying above any maximum amount or hourly rate established in this Guideline.

Services provided by health care professionals/providers, unregulated providers and other occupations not listed in this Guideline are not covered by this Guideline. The amounts payable by an insurer related to services not covered by this Guideline are to be determined by the parties involved.

Maximum Hourly Rates and Fees

Automobile insurers are not liable to pay for expenses related to professional services rendered to an insured person that exceed the maximum hourly rates and fees set out in the Appendix.

Forms

The maximum fees payable for the listed forms include all examinations, assessments and expenses related to professional services (as referred to below) that are involved in such examinations and assessments, and all other activities, tasks and expenses involved in the completion and submission of the forms, whether they are made through the Health Claims for Auto Insurance (Hcai) system or otherwise. Automobile insurers are not liable to pay for any expenses related to the listed forms that exceed the maximum fees set out in the Appendix.

As stipulated in section 25 (1) 3 of the SABS, the fee for the Treatment and Assessment Plan (OCF-18) is payable only if any one or more of the goods, services, assessments or examinations described in OCF-18 have been:

1. approved by the insurer,
2. deemed by the SABS to be payable by the insurer, or
3. determined to be payable by the insurer on the resolution of a dispute in accordance with sections 279 to 283 of the Insurance Act.

Collateral Benefits

In respect of any expense referenced in this Guideline or in previous Superintendent’s Professional Services Guidelines, the amount that an insurer would otherwise be liable to pay is subject to a reduction by that portion of the expense for which payment is reasonably available under any insurance plan or law, or under any other plan or law.

Expenses Related to Professional Services

“Expenses related to professional services” as referred to in the SABS and this Guideline include all administration and other costs, overhead, and all related costs, fees, expenses, charges and surcharges. Insurers are not liable for any administration or other costs, overhead, fees, expenses, charges or surcharges that have the result of increasing the effective hourly rates, or the maximum fees payable for completing forms, beyond what is permitted under this Guideline.

Harmonized Sales Tax (HST)

The applicability of the HST to the services of any health care professionals or health care providers listed in this Guideline falls under the jurisdiction of the Canada Revenue Agency (Cra). If the HST is considered by the CRA to be applicable to any of the services or fees listed in this Guideline, then the HST is payable by an insurer in addition to the fees payable as set out in this Guideline.

Appendix – Rates And Fees

*This rate applies to all services rendered on or after September 1, 2010 to an insured person whose impairment is determined to be a catastrophic impairment as defined in SABS s. 3 (2) whether such services are rendered before or after such determination is made.

(143-G397E)

Financial Services Commission of Ontario

July 2010

Transportation Expense Guideline - Superintendent’s Guideline No. 05/10

Introduction

This Guideline is issued pursuant to section 268.3 of the Insurance Act for the purposes of:

• subsections 14 (5), 15 (11) and 24 (3) of the Statutory Accident Benefits Schedule – Accidents on or After November 1, 1996 (Old SABS), and
• subsections 3 (1), 15 (2) (c), 16 (4) (f), 19 (1) (b) and 25 (4) of the Statutory Accident Benefits Schedule – Effective September 1, 2010 (New SABS).

This Guideline replaces the old Transportation Expense Guideline – Superintendent’s Guideline No. 03/06 and is effective September 1, 2010.

Purpose

The purpose of this Guideline is to provide a framework for insurers and insured persons to determine the circumstances under which expenses related to the transportation of an insured person, and his/her aide or attendant, to and from treatment sessions, counselling sessions, training sessions, assessments and examinations, must be paid by an insurer. This Guideline sets out authorized expenses and applicable rates for the purpose of subsections 14 (5), 15 (11) and 24 (3) of the Old SABS and 15 (2) (c), 16 (4) (f), 19 (1) (b) and 25 (4) of the New SABS.

1. Accidents Occurring Before April 15, 2004

Authorized Expenses

The insurer is liable to pay for all reasonable and necessary transportation expenses for each trip that the insured person makes to and from treatment sessions, counselling sessions, training sessions, assessments and examinations. The insurer is also liable to pay for all reasonable and necessary transportation expenses of the insured person’s aide or attendant. Transportation expenses are calculated based on the most direct route and include incurred parking fees.

The selected mode of transportation should be the most economical and practical for the distance to be travelled, and be appropriate under the specific circumstances.

Use of Automobiles

The insurer is liable to pay a mileage expense for transportation of the insured person and his/her aide or attendant, to and from treatment sessions, counselling sessions, training sessions, assessments and examinations, using the insured person’s automobile, excluding the first 50 kilometres of each round-trip. The 50 kilometre “deductible” is only applicable once in any round-trip. This also applies to minors who are driven to treatment sessions, counselling sessions, training sessions, examinations or assessments.

For the purpose of this Guideline, the “insured person’s automobile” includes any automobile that is owned or leased by the insured person, or any other automobile that the insured person has access to.

For travel that takes place before September 1, 2010, the rate that is to be used to calculate transportation expenses for the use of the insured person’s automobile is $0.34 per kilometre travelled.

For travel that takes place on or after September 1, 2010, the rate that is to be used to calculate transportation expenses for the use of the insured person’s automobile is $0.38 per kilometre travelled.

Use of Taxis

The insurer is liable to pay for reasonable and necessary taxi fare(s) incurred by an insured person and his/her aide or attendant, provided that:

• the insured person does not own or have access to an automobile; or
• the insured person is unable to operate an automobile; or
• it is reasonable and practical in the circumstances to take a taxi.

Other Modes of Transportation

Insurers are liable to pay for reasonable and necessary expenses for other modes of transportation where circumstances warrant. An insured person should discuss the matter with his/her insurer before incurring expenses for air, rail and bus transportation services.

2. Accidents Occurring On or After April 15, 2004

Authorized Expenses

Subject to the 50 kilometre “deductible” referred to below, the insurer is liable to pay for all reasonable and necessary transportation expenses for each trip that the insured person makes to and from treatment sessions, counselling sessions, training sessions, assessments or examinations. The insurer is also liable to pay for all reasonable and necessary transportation expenses of the insured person’s aide or attendant. Transportation expenses are calculated based on the most direct route and include incurred parking fees.

The selected mode of transportation should be the most economical and practical for the distance to be travelled, and be appropriate under the specific circumstances.

Use of Automobiles

For the purpose of this Guideline, the “insured person’s automobile” includes any automobile that is owned or leased by the insured person, or any other automobile that the insured person has access to.

Subject to the 50 kilometre “deductible” referred to below:

• for travel that takes place before September 1, 2010, the rate that is to be used to calculate transportation expenses for the use of the insured person’s automobile is $0.34 per kilometre travelled; and
• for travel that takes place on or after September 1, 2010, the rate that is to be used to calculate transportation expenses for the use of the insured person’s automobile is $0.38 per kilometre travelled.

Use of Taxis

Subject to the 50 kilometre “deductible” referred to below, the insurer is liable to pay for reasonable and necessary taxi fare(s) incurred by an insured person and his/her aide or attendant, provided that:

• the insured person does not own or have access to an automobile; or
• the insured person is unable to operate an automobile; or
• it is reasonable and practical in the circumstances to take a taxi.

This provision also applies to all transportation expenses of the insured person’s aide or attendant.

Other Modes of Transportation

Subject to the 50 kilometre “deductible” referred to below, the insurer is liable to pay for reasonable and necessary expenses for other modes of transportation where circumstances warrant. An insured person should discuss the matter with his/her insurer before incurring expenses for air, rail and bus transportation services.

50 Kilometre “Deductible”

As set out in clauses 14 (6) (b), 15 (12) (b) and 24 (4) (b) of the Old SABS, and in the definition of “authorized transportation expense” in section 3 (1) of the New SABS, the insurer is not liable to pay for the first 50 kilometres of transportation (whether or not in the insured person’s automobile) to and from treatment sessions, counselling sessions, training sessions, assessments and examinations, unless the insured person sustained a catastrophic impairment as a result of the accident. The 50 kilometre “deductible” is only applicable once in any round-trip. These provisions also apply to minors who are driven to treatment sessions, counselling sessions, training sessions, assessments and examinations, and to transportation expenses of the insured person’s aide or attendant.

(143-G398E)