Changes to the Insurance Act and Statutory Accident Benefits Schedule - Effective September 1, 2010

SABS Amendments

The new SABS has been amended by Ontario Regulation 289/10 to clarify the following:

• The definition of "minor injury" means any one or more of the injuries specified in the definition.
• The circumstances in which a determination of catastrophic impairment may be conducted by a physician and by a neuropsychologist.
• The circumstances in which an expense is deemed to be incurred.
• Accountants do not need a public licence to prepare reports in connection with income replacement benefit claims, as long as they are members of a regulatory body that is designated under the Public Accounting Act, 2004.
• The definition of "qualified case manager."
• The $2,000 cap on fees and expenses for conducting any one assessment or examination includes the preparation of reports in connection with the assessment or examination.
• In conducting an assessment or examination in connection with a determination of catastrophic impairment, a physician or neuropsychologist may be assisted by such other regulated health professionals as the physician or neuropsychologist may reasonably require.

Other Amendments to Ontario Regulations

Ontario Regulation 461/96 has been amended by Ontario Regulation 290/10, changing the calculation of income loss in tort to 70 per cent of gross income.  In addition, Ontario Regulation 664 has been amended by Ontario Regulation 291/10, changing the requirements for accountants who provide reports in connection with income replacement benefit claims under the dispute resolution system.

Effective Date

The amendments to the Insurance Act and the regulations are effective September 1, 2010.

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