As outlined in Bulletin No. A-11/03, a new process for selecting a Designated Assessment Centre (DAC) under section 53 of the Statutory Accident Benefits Schedule (SABS) came into effect on October 1, 2003.
With this Bulletin, a revised Guideline is being issued that describes the process to be used to request that the Superintendent select a DAC, effective May 10, 2004. The DAC selection request form will be replaced by an on-line selection system. The new system will require the same information to be entered as on the request form, but will select a DAC within seconds of submitting the information via FSCO’s web site at www.fsco.gov.on.ca The selection system can be accessed through the Insurance section of the web site under Designated Assessment Centres.
The enhanced DAC Selection Request System must be used for all referrals to DACs on or after May 10, 2004, 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.
Any requests submitted via email on or after May 10, 2004, will be returned unprocessed.
Under the SABS, the insurer and the claimant should first try to agree on a DAC to conduct an assessment. Under this process, the insurer shall indicate to the claimant which DACs are qualified to conduct the required assessment within the respective geographical limits. The parties then have two business days to agree on a DAC.
If the parties are unable to agree on a DAC within this timeframe, the insurer shall access the DAC Selection Request System on FSCO’s web site and submit a request that a DAC be selected.
FSCO will provide the insurer with a certificate by email identifying the selected DAC; the certificate must be printed and 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 where:
- The DAC previously selected by the Superintendent has declared a conflict of interest that is not being waived by the parties; or
- The DAC previously selected by the Superintendent is unable to conduct the assessment within the required time frame; or
- The claimant is being sent for an additional assessment as required by the SABS (e.g., subsequent disability assessment or multiple treatment plans), and the parties do not jointly select a DAC in the manner required by the SABS.
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.
Questions about this Bulletin should be directed to FSCO's Automobile Insurance Policy Unit by calling 1-800-668-0128; the fax number is 416-590-7265. You may also contact us via email at: firstname.lastname@example.org 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
Bryan P. Davies
Chief Executive Officer and Superintendent of Financial Services
May 10, 2004
c.c. Designated Assessment Centres