Auto Insurance Product Technical Advisory Committee
These Terms of Reference inform creating an Auto Insurance Product Technical Advisory Committee (“TAC”). Technical advisory committees are an important part of FSRA’s stakeholder engagement process and assist the Regulator in:
- developing better processes, guidance, and approaches to its regulation of the auto insurance sector
- monitoring and evaluating developments and trends in auto insurance
Mandate and Outcome
FSRA is establishing the TAC as a special purpose committee. The TAC will be a forum for member led discussions among stakeholders serving Ontario auto insurance consumers. The TAC will be Consumer Centred focusing on how stakeholders can improve outcomes for consumers.
Its purpose is to arrive at recommendations that FSRA can act on. The TAC will identify and analyze problems in the auto insurance product that create material risks of consumer harm and unnecessary costs and propose potential solutions. The TAC’s recommendations will be based on evidence and data about impacts on consumers and the regulatory and resourcing implications.
The TAC findings may involve action that is outside FSRA’s authority. The TAC may choose to refer those recommendations to the relevant parties (e.g., stakeholder associations, Ministry of Finance, Ministry of the Attorney General, health regulatory colleges, dispute resolution bodies).
The TAC will evaluate consumer harms and benefits against principles such as transparency, ease of understanding and using the product, cost, and value-for-money. Its discussions will be informed by consumer insights, such as the Resident Reference Panel Report on Auto Insurance in Ontario or other sources.
Scope and Time
The initial focus of the TAC will be on the aspects of the auto product that address personal injury (e.g., Statutory Accidents Benefits Schedule, Liability). This will ensure FSRA can call for members with the appropriate subject matter expertise and to manage the scope of the committee’s work.
The TAC members will decide the key areas of focus, committee structure and function, including meeting frequency and how it will execute administrative functions, as described in the section Advisory Committee Member Responsibilities. To assist the Committee in its work, FSRA will appoint a facilitator to chair the meetings.
FSRA expects the TAC to evaluate its effectiveness after approximately one year of its formation. The evaluation will conclude with a decision to continue, dissolve, or modify the TAC, including a change or expansion in scope. FSRA may end the TAC at any time
Advisory Committee Membership
FSRA will issue an open call for membership with the aim to select members representing a balanced, diverse, and broad range of perspectives from across the auto insurance ecosystem.
FSRA is seeking 10 – 14 members for the TAC, not including FSRA observers.
FSRA may choose to add or remove members at any time.
Member Qualifications and Appointments
Members of the TAC will be selected by FSRA. Members will be comprised of individuals with subject matter and technical expertise appropriate to the TAC’s scope. Members should have experience in one or more of the following areas:
Qualifying individuals will be senior members of their respective organization or profession who are supported by their organization or profession on relevant issues related to automobile insurance system in Ontario. Qualifying individuals will be expected to put consumer interest ahead of the interest of their organization or profession.
FSRA may consider other relevant factors, such as geography, specialization, and size of organization.
FSRA will appoint members for a period of one year. FSRA may consider reappointing or calling for new members based on the outcome of the TAC evaluation of its effectiveness.
FSRA will participate as observers. FSRA will be represented on the committee by its Senior Manager, Auto Policy Interpretation, and Senior Manager, Auto Reform.
FSRA representatives may be assisted by other FSRA colleagues.
Ministry of Finance Observer
Ministry of Finance (MOF) may be invited to observe, depending on the agenda of a particular meeting.
Advisory Committee Member Responsibilities
The TAC members are expected to:
- understand FSRA’s mandate and principles-based approach to regulating
- establish the frequency of meetings and hold meetings on an as needed basis
- set agenda items and prepare associated materials for the committee’s consideration
- determine how TAC members will execute meeting administrative functions, including obtaining support from their organization or profession
- determine how TAC members will present recommendations to FSRA, including presenting dissenting views or where there is lack of consensus.
- establish sub-working groups to discuss or research specific issues and prepare meeting materials, if and as needed
- identify, prioritize, and advise FSRA on systemic issues and concerns related to the auto insurance product
- explain how these issues are creating material risk of consumer harm, the cost implications, and provide evidence to support findings
- evaluate consumer harms and benefits against principles such as transparency, ease of understanding and using the product, cost, and value-for-money
- present to FSRA, and where appropriate to consumer representatives, recommendations that include cost impacts for consumers outlining the supporting evidence and the actions that FSRA can take given its authority and its resources
How FSRA Will Use TAC Advice
FSRA will conduct an initial orientation session to provide TAC members an opportunity for questions and a common understanding of FSRA’s mandate, the regulatory framework and principles-based approach.
FSRA will consider TAC recommendations that are within the scope of FSRA’s mandate and authority. FSRA will conduct in-house analysis to evaluate and prioritize the recommendations against principles of transparency, ease of understanding and using the product, cost, and value-for-money. FSRA will also consider implementation measures including targeted and public consultations as well as tools to ensure consumer perspectives are sought and adequately considered. The TAC may be required to present its advice to consumer representatives. FSRA’s response will depend on the quality of evidence supporting the recommendations, as well as FSRA’s Annual Business Plan and Statement of Priorities.
Where recommendations are outside FSRA’s authority FSRA will assist the TAC, if required, in identifying the appropriate party to whom the TAC may refer its recommendations.
FSRA will publish a high-level summary of the TAC’s work on FSRA’s website.
The Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.F.31, as amended, will generally apply to information provided to and materials prepared by or for the TAC.
Members of the TAC may obtain assistance from co-workers or industry collaborators. However, until the TAC’s mandate is complete, TAC members and those that assist them are requested to maintain confidentiality (except for information made public by FSRA). After the TAC’s mandate is complete, a TAC member may communicate their views concerning the committee’s work.
FSRA continues to work on behalf of all stakeholders, including consumers, to ensure financial safety, fairness, and choice for everyone.
Learn more at www.fsrao.ca.