To the attention of all insurance companies licensed
to transact automobile insurance in Ontario
Bill 99, which implements the Workplace Safety and Insurance Act, 1997 (WSIA), will come into force on January 1, 1998. It replaces the Workers’ Compensation Act (WCA). The passage of Bill 99 has resulted in several minor amendments to the Insurance Act. In addition, the provisions in the WCA relating to automobile insurance have been modified in the WSIA.
A copy of Bill 99 may be purchased from Publications Ontario at (416) 325-5300 and
1-800-668-9938.
We are providing highlights of the sections which impact on automobile insurance. Please refer to the legislation to obtain the full text of all amendments that were enacted.
- The legislation changes all references in the Insurance Act for Workers’ Compensation Act to the Workplace Safety and Insurance Act, 1997.
- Subsection 267.8 (16) of the Insurance Act is repealed. It is effectively replaced by subsection 30 (15) of WSIA.
- Automobile insurers should familiarize themselves with section 30 of WSIA, which deals with situations where an injured worker is entitled to commence a legal action and make an election. In essence, the new section repeals the special provisions related to workers' compensation and automobile insurance that were introduced in Bill 164.
- In certain situations, automobile insurers who are a party to an action or an insurer from whom Statutory Accident Benefits are being claimed can appear before the Appeals Tribunal under WSIA to determine matters as set out in section 31 of the Act. This is a redraft version of Section 17 of the WCA.
The Ministry of Finance is reviewing the Statutory Accident Benefits Schedule to determine whether to recommend changes as a result of WSIA.
Dina Palozzi
Commissioner
December 30, 1997