FSRA Stakeholder Advisory Committee for Automobile Insurance

1. Introduction

The Financial Services Regulatory Authority of Ontario (FSRA) is committed to an open, transparent and collaborative approach that involves stakeholders and ensures broad input and perspectives to inform its direction.

Stakeholder Advisory Committees (SACs) will serve as consultative bodies to the FSRA Board as well as management. They are an important part of FSRA’s stakeholder engagement process as it relates to FSRA’s priorities, budget, principles-based regulation and other.

These Terms of Reference relate to FSRA’s role in the auto insurance and health service provider sector, which includes

  • regulating the underwriting, distribution and pricing of auto products
  • licensing insurance agents, insurance companies, health service providers and external adjusters
  • regulating the conduct of licensees and others involved in the auto P&C sector
  • licensing service providers that bill auto insurers directly for medical and rehabilitation services provided to automobile insurance accident benefits claimants
  • regulating the business and billing practices of licensed service providers
  • collecting information about licensed service providers’ business systems and practices through an Annual Information Return (AIR)
  • examining the affairs of the Registered Insurance Brokers of Ontario and reporting back to the Minister of Finance

These Terms of Reference are intended to inform the creation and operation of the Automobile Insurance SAC.

2. Mandate of the Stakeholder Advisory Committee

The Automobile Insurance SAC will:

  1. inform FSRA’s annual business planning, with a focus on the HSP and Automobile Insurance-related priorities and budget that will guide FSRA’s operations and regulatory activity, before they are published and delivered to the Minister of Finance
  2. provide feedback on the progress made by FSRA on its HSP and Automobile Insurance priorities from the previous annual business plan; Provide forward looking insights and trends to the Board of Directors
  3. upon request of FSRA, provide a forum for input on HSP and Automobile Insurance sector issues, FSRA priorities and other initiatives or activities involving FSRA
  4. have the opportunity for an in-camera session with the Board, at least annually, to raise any issues related to FSRA management and the HSP and Automobile Insurance sector that the SAC wishes to discuss with the Board without the presence of FSRA management

The Board or FSRA management may decide to convene a SAC meeting to discuss any other issue related to the regulation by FSRA of the HSP and Automobile Insurance sector and may decide to combine SACs from different sectors for such a meeting.

3. Nomination and appointment of Stakeholder Advisory Committee members

Appointments to the Automobile Insurance SAC will be made through an open nomination process posted online. Selections will be made by FSRA, based in part on the experience of the individuals who are put forward, their role in the sector they represent and other factors that FSRA may determine are relevant.

The Automobile Insurance SAC will have a target membership of fourteen stakeholder members representing regulated entities, associations of regulated entities or professionals working in regulated entities (based on qualifications set out in Appendix 1). FSRA can choose to add or remove any member of the SAC at any time and a SAC member may resign by giving written notice.

FSRA is looking for members for a two-year term commencing in September 2024 and this term may be renewed by FSRA for one additional year to allow membership to be staggered to provide continuity to the Committee.

FSRA will publish the names of the members of the Automobile Insurance SAC on its website.

4. Members of the Stakeholder Advisory Committee

Stakeholder nominees to the Automobile Insurance SAC should be senior members of their respective organizations or professions.

Successful nominees will be expected to place the public interest ahead of personal and professional interests in the discharge of their committee responsibilities. See Appendix 1 for specific experience FSRA is seeking to have represented through the stakeholder members of the Automobile Insurance SAC.

Responsibilities of Automobile Insurance SAC members will include:

  • reviewing background material in preparation for meetings
  • attending meetings (delegation is not permitted if a member is unavailable, but FSRA may appoint another Automobile Insurance SAC member on an interim basis if a member is unavailable due to incapacity or other justifiable temporary cause)
  • providing advice, information and feedback to FSRA
  • using best efforts to develop consensus and to identify any issues where stakeholder consensus does not exist, and the reasons for an absence of consensus
  • providing feedback to FSRA on the functioning of the Automobile Insurance SAC
  • working with FSRA management and other SAC members to prepare for Automobile Insurance SAC meetings with the Board

5. Public process, input from others and disclosure

The Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31, as amended, will generally apply to information and material provided to and prepared by or for the Automobile Insurance SAC.

Members of the Automobile Insurance SAC are permitted to obtain assistance from co-workers or industry collaborators. However, members and those who assist them are required to maintain confidentiality of all information provided to the Automobile Insurance SAC or prepared by or for the Automobile Insurance SAC for presentation or delivery to FSRA (with the exception of information made public by FSRA, including any submissions by the Automobile Insurance SAC or its members as part of a public comment process sponsored by FSRA).

6. Meetings, agendas and deliverables

It is expected that the Automobile Insurance SAC will participate in the following two-hour meetings:

  • with the Board of Directors on forward looking matters in May
  • with Management – on FSRA priorities (a progress meeting in the spring and then consultation on the draft priorities and budget in September/October)
  • there may be additional meetings as per the terms of reference

For those selected to participate on the SACs, FSRA will not be providing any remuneration. However, consumers residing outside of the Greater Toronto Area are entitled to be reimbursed for reasonable travel expenses they may incur in attending meetings in accordance with FSRA approved Travel, Meal and Hospitality Directive.

Members may be asked to prepare material for consideration by FSRA or for presentation to the Board.

FSRA management shall endeavor to provide meeting agendas and related materials at least one week in advance of each regular meeting. FSRA management shall prepare a summary of each SAC meeting with the Board and distribute it, including any accompanying written submissions. As part of these meetings FSRA will communicate what recommendations or feedback has been adopted and what has been considered but not adopted.

FSRA also intends to publish a high-level summary of the Automobile Insurance SAC’s work on FSRA’s website following meeting with the Board and management.

Appendix 1: Industry member qualifications

FSRA is seeking industry members that have direct experience in one or more of the following functional areas within the Automobile insurance sector and hold senior leadership positions within their organization:

  • customer experience
  • underwriting
  • pricing and actuarial
  • claims
  • operations
  • risk management & compliance
  • distribution (agents and brokers)
  • treating clinician
  • assessment provider
  • health service provider business owner
  • health service provider administrator
  • health service provider principal representative

Industry members will be selected with an emphasis on ensuring adequate diversity by industry affiliation/experience and organization size.

In addition to direct industry representation, FSRA will be seeking representatives from HSP and auto insurance industry associations.