Reducing Automobile Insurance Premiums by Eliminating Fraud Act, 2011 Mangat, Amrit — Bill 209 (39th Parliament, 2nd Session)

Bill 209, 39-2

Ontario — Bills

role="main" class="main-container container js-quickedit-main-content" id="main-content">

Bill 209, Reducing Automobile Insurance Premiums by Eliminating Fraud Act, 2011

Mangat, Amrit

Please select

View bill

Status

Debates

Original

[39] Bill 209 Original (PDF)

Bill 209 2011

An Act to

encourage the disclosure of fraudulent activity in connection with automobile

insurance claims

Her

Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Whistle-blowing protection

(1) No

person shall retaliate, whether by act or omission, or threaten to do so

because,

(

a) anything

relating to another person's activity in connection with automobile insurance

claims has been disclosed to,

(

i) an

inspector appointed under the Independent Health Facilities Act ,

(ii) an

investigator appointed under the Regulated Health Professions Act, 1991 ,

(iii) the

Director within the meaning of the Independent Health Facilities Act,

(iv) the

Registrar of a College within the meaning of the Regulated Health Professions Act, 1991,

(

v) an

insurance company, or

(vi) the

Insurance Bureau of Canada; or

(

b) evidence

relating to another person's activity in connection with automobile insurance

claims has been or may be given in a proceeding, including a proceeding in

respect of the enforcement of the Independent Health Facilities Act , the Regulated Health Professions

Act, 1991 or the regulations made under those Acts.

Interpretation, retaliate

(2) Without limiting the meaning of "retaliate" in this

section, the following constitute retaliation for the purpose of this section:

1. Dismissing,

suspending or disciplining an employee.

2. Imposing

a penalty on any person.

3. Intimidating,

coercing or harassing any person.

Protection from legal action

(3) No action or other proceeding shall be instituted

against any person for making a disclosure or giving evidence described in

subsection (1), unless the person acted maliciously or in bad faith.

Investigators

(1) The

Registrar of a College within the meaning of the Regulated Health Professions Act, 1991

may appoint one or more investigators to determine whether a member of the College

has been involved in fraudulent activity in connection with automobile insurance

claims if the Registrar believes on reasonable grounds that the member may have

been involved in such activity.

Powers, duties and functions

(2) An investigator appointed under subsection (1) has all

of the powers, duties and functions of an investigator appointed by a College

under the Regulated Health

Professions Act, 1991 .

Registrar's duty to report to

Committee

(3) The Registrar shall report the results of an investigation

made under this

section to the College's Inquiries, Complaints and Reports

Committee established in accordance with the Regulated Health Professions Act, 1991 .

Duty,

investigators appointed under the Regulated Health Professions Act, 1991

3. An

investigator appointed by a College under the Regulated Health Professions Act, 1991

to determine whether a member of the College has committed

an act of

professional misconduct or is incompetent shall also determine whether the member

has been involved in fraudulent activity in connection with automobile insurance

claims.

Registrar's duty to notify police

office

4. The

Registrar of a College within the meaning of the Regulated Health Professions Act, 1991 shall

notify a police officer if the results of an investigation made under that Act

or made under this Act suggest that a member of the College has been involved

in fraudulent activity in connection with automobile insurance claims.

Protection from legal action,

investigators

5. No

action or other proceeding shall be instituted against an investigator for an

act done in good faith in the performance or intended performance of a duty or

function or in the exercise or the intended exercise of a power under this Act

or for any neglect or default in the performance or exercise in good faith of

the duty, function or power.

Offence

6. Every

person who contravenes

section 1 is guilty of an offence and on conviction is

liable to a fine of not more than $25,000 or to imprisonment for a term of not

more than 12 months, or to both.

Commencement

7. This Act comes into force on the day it

receives Royal Assent.

Short title

8. The

short title of this Act is the Reducing Automobile Insurance

Premiums by Eliminating Fraud Act, 2011 .

EXPLANATORY NOTE

The

Bill enacts the Reducing

Automobile Insurance Premiums by Eliminating Fraud Act, 2011 .

The

Act provides protection against retaliation for persons who disclose, to

specified entities, information relating to another person's activity in

connection with automobile insurance claims.

The

Act also provides for investigations of members of health profession colleges to

determine whether a member has been involved in fraudulent activity in

connection with automobile insurance claims. A police officer must be notified

if an investigation suggests that there has been such fraudulent activity.

Date Bill stage Activity Committee

June 1, 2011

First Reading

Carried

Debates and Progress

First Reading

June 1, 2011

Committee

Second Reading

Committee

Third Reading

Royal Assent

Was this page helpful? Yes , I found this page helpful. An optional survey will open in a new tab. No , I didn’t find this page helpful. An optional survey will open in a new tab.

Back to top

Document details

Collection	Ontario — Bills
Citation	Bill 209, 39-2
Type	bill
Volume / chapter	p39 s2 bill 209 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	868504c4c5eac9d7a25f415b7e5d5cf9e6e8676e

Source file is stored in the law ingest library (html).