Paralegals/SABS Representatives

FSCO’s Oversight of SABS Representatives Ends May 1, 2008

Recent Regulation changes filed by the Ontario Government end all filing requirements, restrictions and FSCO’s oversight for SABS representatives under the Insurance Act effective May 1, 2008. 

With passage of the Access to Justice Act, 2006, in the fall of 2006, the Law Society of Upper Canada (Law Society) assumes responsibility for the regulation of paralegals, which includes the activities of SABS representatives.

Paralegals / SABS representatives should refer to Bulletin A-04/08 for further information about the regulation changes ending FSCO’s oversight.

Information regarding paralegal regulation is available on the Law Society’s website at www.lsuc.on.ca.  Individuals also can send any questions they may have to the Law Society via e-mail at: lawsociety@lsuc.on.ca, or call 1-800-668-7380 or 416-947-3315.

Background

Since November 1, 2003, SABS representatives were required to comply with FSCO filing requirements and a Code of Conduct published by the Superintendent of Financial Services.  This includes requirements for carrying errors and omissions insurance, disclosing conflicts of interest and prohibited SABS representatives from representing catastrophically impaired claimants or accepting referral or contingency fees.

Effective May 1, 2008, these filing requirements, restrictions and FSCO’s oversight for SABS representatives under the Insurance Act end.  These provisions are addressed in various forms by the Law Society, under its By-Laws, including the Paralegal Rules of Conduct. 

On or after May 1, 2008, only individuals who are licenced to provide legal services or who are exempt from licensing requirements under the Law Society Act and By-Laws can represent claimants in the dispute resolution process at FSCO.  

FSCO will continue complaint and enforcement proceedings against SABS representatives for compliance issues that arose prior to May 1, 2008. Although the Law Society now regulates paralegals and SABS representatives, complaints regarding contraventions of the Insurance Act and regulations, including unfair or deceptive acts or practices, should still be directed to FSCO's attention.  

SABS Representative Information

For Information about the requirements and provisions governing SABS representatives under the Insurance Act and Regulations for the period November 1, 2003 to April 30, 2008, please refer to the list of frequently asked questions or other links below:  You may also e-mail FSCO at paralegalinfo@fsco.gov.on.ca or call 416-250-7250 or toll-free 1-800-668-0128, ext. #7250.

• Bulletin A -04/08: FSCO Oversight of SABS Representatives Ends May 1, 2008
• Qs & As re: FSCO Oversight of SABS Representatives Ends May 1, 2008 (PDF)
• SABS Representatives Reminder Letter - September 17, 2007
• Bulletin A - 02/07: Access to Justice Act, 2006 and Oversight of SABS Representatives by the Law Society of Upper Canada
• Qs & As re: Access to Justice Act, 2006 and SABS Representatives
• Bulletin A - 11/04: Amendment to Regulations Concerning Paralegals (SABS Representatives) - Criminal Convictions
• List of Offences
• Enforcement Activities
• Bulletin A - 06/03: Filing & Other Regulatory Requirements for Paralegals (SABS Representatives)
• Questions & Answers Regarding Filing & Other Regulatory Requirements for Paralegals (SABS Representatives)
• Code of Conduct For Statutory Accident Benefit Representatives
• File a Complaint

Website On-line Service

On May 1, 2008, FSCO will close its on-line e-filing system and search service for SABS representatives.  A list of SABS representatives who had an active filing with FSCO on April 30, 2008 will be posted on FSCO’s website for reference purposes.