BILL 198: WHAT EVERY HEALTH CARE
PROVIDER NEEDS TO KNOW
Doug Bryce and Jim Mays
Siskind, Cromarty, Ivey & DowlerLLP
680 Waterloo Street
BILL 198: WHAT EVERY HEALTH CARE PROVIDER NEEDS TO KNOW
Between 1990 and 2002 Ontario's automobile insurance law underwent three radical
transformations. The first of these occurred under the Liberals in 1990 (Bill 68), the next under
the NDP in 1994 (Bill 164) and finally, the third under the Conservatives in 1996 (Bill 59).
Each of these changes had a dramatic impact upon a motor vehicle accident victim's rights,
both for statutory accident benefits (no-faults), and for the right to claim damages as against the
at-fault driver (the tort action).
More recently, on December 9, 2002, the then Conservative government introduced an omnibus
bill entitled "Keeping the Promise for a Strong Economy Act (Budget Measures), 2002", or now
simply referred to as Bill 198. That piece of legislation was some 135 pages in length and
touched on many different aspects of government operation. For our purposes, approximately
nine pages addressed amendments to the Insurance Act that had far reaching implications for
motor vehicle coverage.
Bill 198 was followed by numerous regulatory amendments introduced by both the Conservative
and, following the fall election, Liberal governments. Furthermore, Bill 198 has authorized the
Superintendent of Financial Institutions to:
"Issue guidelines setting out the treatment, services, measures or goods
applicable in respect of types of impairments for the purposes of payment of a
medical or rehabilitation benefit provided under the Statutory Accident Benefit
Schedule, and such guidelines may include conditions, restrictions and limits with
respect to such treatment, services, measures or goods."
The Superintendent responded with Pre-approved Frameworks for victims of what is referred to