As outlined in Bulletin No. A-11/03, there is a new process for selecting a Designated Assessment Centre (DAC) under section 53 of the Statutory Accident Benefits Schedule (SABS) as of October 1, 2003. With this Bulletin, a Guideline is being issued that describes the process to be used to request that the Superintendent select a DAC when required by the parties in a dispute.
This DAC Selection Guideline must be used for all referrals to DACs on or after October 1, 2003, when the parties are unable to agree on a DAC to conduct the assessment. This Guideline and section 53 of the SABS apply to all such referrals regardless of the date of the accident.
Under the SABS, the insurer and the claimant should first try to agree on a DAC to conduct an assessment. Under this agreement process, the insurer shall indicate to the claimant which DACs are qualified to conduct the required assessment within the respective geographical limits. The parties would then have two business days to agree on a DAC.
If the parties are unable to agree on a DAC within this time-frame, the insurer shall contact FSCO, in accordance with the attached Guideline, and request that a DAC be selected.
It is FSCO’s expectation that, during this agreement process, insurance companies and claimants will be mindful of the need to reduce costs and increase consumer convenience by agreeing to a DAC that is within a reasonable distance from the claimants home.
FSCO will provide the insurer with a certificate identifying the selected DAC; the certificate must be attached to the OCF-11 DAC Referral, Plan, and Summary Form. The insurer is also required to ensure the claimant or the claimant’s legal representative receives a copy of the certificate.
FSCO will conduct only one search for each required DAC, except in those situations permitted by the Guideline. Non-compliance with the DAC selection process will constitute an Unfair or Deceptive Act or Practice under Regulation 7/00 of the Insurance Act and will be subject to prosecution.
Designated Assessment Centre Information Sheet
With this Bulletin, a Designated Assessment Centre Information Sheet is being issued to inform claimants about the DAC selection process and provides answers to commonly asked questions about the DAC system. Insurers should provide this information sheet to claimants where a DAC assessment is required.
Questions about this Bulletin should be directed to FSCO's Automobile Insurance Policy Unit by calling the DAC Hotline at 416-590-7137 or 1-800-668-0128, extension 7137, the fax number is (416) 590-7265. You may also contact us via e-mail at: email@example.com or write to FSCO at:
Automobile Insurance Policy Unit
Financial Services Commission of Ontario
5160 Yonge Street, Box 85
North York ON M2N 6L9
ATTN: DAC Selection
Revised Accident Benefit Claims Form (OCF-22) Application for Approval of an Assessment or Examination
With this Bulletin, the revised Accident Benefit Claims Form (OCF-22) Application for Approval of an Assessment or Examination is being released. The revised form clarifies that the form is applicable to all applications for assessments or examinations for accidents that occurred on or after November 1, 1996.
Bryan P. Davies
Chief Executive Officer and
Superintendent of Financial Services
September 12, 2003