Ontario Gazette Volume 136 Issue 33 | August 16, 2003

Government Notices Respecting Corporations

Certificate of Dissolution

Notice Is Hereby Given that a certificate of dissolution under the Business Corporations Act, has been endorsed. The effective date of dissolution precedes the corporation listings.

B. G. Hawton
Director, Companies and Personal Property Security Branch
(6842) 33

Notice of Default in Complying with the Corporations Information Act

Notice Is Hereby Given under subsection 241 (3) of the Business Corporations Act that unless the corporations listed hereunder comply with the filing requirements under the Corporations Information Act within 90 days of this notice orders dissolving the corporation(s) will be issued. The effective date precedes the corporation listings.

B. G. Hawton
Director, Companies and Personal Property Security Branch
(6839) 33

Cancellation of Certificate of Incorporation (Business Corporations Act)

Notice Is Hereby Given that by orders under subsection 241 (4) of the Business Corporations Act, the certificates of incorporation set out hereunder have been cancelled and corporation(s) have been dissolved. The effective date of cancellation precedes the corporation listing.

B. G. Hawton
Director, Companies and Personal Property Security Branch
(6840) 33

Notice of Default in Complying with the Corporations Tax Act

The Director has been notified by the Minister of Finance that the following corporations are in default in complying with the Corporations Tax Act.

Notice Is Hereby Given under subsection 241 (1) of the Business Corporations Act, that unless the corporations listed hereunder comply with the requirements of the Corporations Tax Act within 90 days of this notice, orders will be made dissolving the defaulting corporations. All enquiries concerning this notice are to be directed to Corporations Tax Branch, Ministry of Finance, 33 King Street West, Oshawa, Ontario L1H 8H6.

B. G. Hawton
Director, Companies and Personal Property Security Branch
(6841) 33

Marriage Act

July 2003

Certificate Of Permanent Registration as a person authorized to solemnize marriage in Ontario have been issued to the following:

Re-registrations

Certificates Of Temporary Registration as person authorized to solemnize marriage in Ontario have been issued to the following:

Certificate Of Cancellation Of Registration as a person authorized to solemnize marriage in Ontario have been issued to the following:

Judith M. Hartman
Deputy Registrar General
(6835) 33

Change of Name Act

Notice Is Hereby Given that the following changes of name were granted during the week ending July 04, 2003. The listing below shows the previous name followed by the new name.

Brash, Todd — Bentley, Todd Christopher Brash
Byrne, Joseph Charles — Byrne, Joseph Charles Dodge
Carboni, Rebecca Theresa Marie — Tarini, Krista
Derek-Tedder, Colette Marie — Derek, Colette Marie
Flonk, Christina Danielle — Vandelden, Christina Isabelle Danielle Rose
Flonk, Marilyn Rose — Vandelden, Marilyn Rose Jannetje
Flonk, Steven Mark — Vandelden, Steven Mark Philip
Goncharova, Tatjana — Solomin, Tatjana
Mann, Manpreet Singh — Mann, Maninder Singh
Quinn, Alessandra Maria — Ferreri Quinn, Alessandra Maria
Williamson, Anne Michelle — Kelly, Alex Vincent

Judith M. Hartman
Deputy Registrar General
(6843) 33

Notice Is Hereby Given that the following changes of name were granted during the week ending July 11, 2003. The listing below shows the previous name followed by the new name.

Abdi, Abdulkadir — Mohamed, Abdulkadir Ahmadei
Abdi, Yahye — Mohamed, Yahya Abdulkadir Ahmadei
Abdi, Zakariya — Mohamed, Zakariya Abdulkadir-Ahmadei
Aiworo, Blessing Isoken — Aiworo-Imudia, Blessing Isoken
Aiworo, Sylvester Oghosa Imudia — Imudia, Sylvester Oghosa
Albanna, Firas H Abdul — Albanna, Firas
Andrew, Deena Marina — Andrew-Phillip, Deena Marina
Bourgeois, Stacey Elizabeth — Smith, Stacey Elizabeth
Bowerman, Taitania Danielle — Titus, Taitania Danielle
Chen, Chin Ying — Chen, Shirley Tzu Ying
Cowan, Crystal Kimberly — Neuman, Crystal Helen
Cummings, Charity Lynn — Cummings, Chaz Lynn
Day, Rosemary Karen — Albrechtas, Rosemary Karen
De Pina, Marco Paulo Monteiro — Monteiro, Woodrow
Endale, Awegechew Teshome — Teshome, Awegechew
Fang, Lun — Burk, Helen Lun Fang
Francis, Page Michael Patrick — Muscat, Page Michael Patrick
Gulrajani, Mickie Thakur Lachand — Mickie, Gerald G
Guy, Nicholas Matthew — Marchant, Nicholas Matthew
Inbaraj, Cecilia Nirmala — Paul, Cecilia Nirmala
Inbaraj, Colin Nithin — Paul, Colin Nithin
Inbaraj, Nikhil — Paul, Nikhil
Inbaraj, Paramsivam — Paul, Inbaraj
Khalif, Vadim — King, Frank Vadim
Knopsic, Lawrence Michael — Kenopic, Lawrence Michael
Landon, Charles William — Lawrance, Wesley Timothy
Lefrancois, Nicholas Noah — Allerton, Nicholas Noah
Legge, Adam Joseph — Spring, Adam Joseph
Letona Paz, Laura Isabel — Garcia Letona, Laura Isabel
Liu, Hong Jian — Liu, Steven H K
Major, Beverlee Eileen — Quinn, Beverlee Eileen
McGregor, Theresa Irene — MacGregor, Theresa Irene
Mills, Jeffrey Allyn — Winger, Jeffrey Allyn
Mirza, Omar — Mirza, Allana Lopez
Murdocca, Maria Anna — Pavon, Maria Anna
Nathaeswaran, Sithamparanathar — Nathans, Waran Sitha
Pankiw, Helen — Oliynyk, Helen
Pestana, Liliana Neusa — Morcos, Liliana Neusa
Phillip, Yoland Ann — Webster, Yoland Ann
Ponnampalam, Priyanka — Vasantharaj, Priyanka
Robinson, Amy Nicole — Robinson, Amaya Nicole
Salisbury, Zachary John — Gillespie, Zachary John
Sinclair-Murray, Leshara Kishayren — Edwards, Leshara Kishayren
Sobey, Christian McMaster — Beltrame, Christian Joseph
Sonne, Luciana — Viventi, Luciana Maria Claudia
Sonne, Miranda Aurora Seraphina Kyla — Viventi, Miranda Aurora Seraphina Claudia
Srinivas, Shobha — Gowda, Shobha Srinivas
Stacey, Tyler Bradley John — Cooper, Tyler Bradley John
Tamir, Josue — Tamir, Joshua Nathan
White, Shaun Terrance Roger — Boadway, Shaun Roger
Williams, Janet Elaine — Mensah, Janet Elaine
Wong, Lisa Jade — Wong Boivin, Lisa Jade
Wu, Nai Jun — Woo, John

Judith M. Hartman
Deputy Registrar General
(6844) 33

Notice Is Hereby Given that the following changes of name were granted during the week ending July 18, 2003. The listing below shows the previous name followed by the new name.

Abdel Ghani, Mounir Mohamed — Janssen, Karl M
Binnie, Paula Marie — David, Paula Marie
Birkwood, Patricia Louise — Zeman, Patricia Louise
Bonsu, Maxwell — Bonsu, Maxwell Opoku
Bouchere, Simone Marie — Reali, Simone Marie
Chandler, Courtney Ryan — Binsted, Courtney Ryan
Danahy Brousseau, Terri-Ann Elizabeth — Danahy, Terri-Ann Elizabeth
Dhannani, Jasmin Mohmmad Husen — Nanji, Jasmin Mohmmad Husen
Difonzo, Robert Harry — Jackson, Robert Harry
Duan, Jia Ying — Duan, Jamie Jia Ying
Fleming, William Stanley — Martin, William Stanley
Forbes, Catherine Margaret — Mehagan, Catherine Margaret
Franklin, Sarah Margaret Hilary — Franklin, Serrah Margaret Hilary
Gidda, Bimaljeet Kaur — Gosal, Bimaljeet Kaur
Gilbert, Genevieve Anne Langley — Hoskisson, Genevieve Anne Langley
Griffiths, Jacqueline Eva — Hayward, Jacklyn Eva
Gunasingam, Chandrakumari — Sivabalan, Chandrakumari
Hyducek Clarke, Kahsia Pagan Gudrun — Hyducek Clarke, Pagan Kahsia Gudrun
Jabbal, Kusam Devi — Tanabe, Kusam Devi
Johnson, Joseph Gerard Richard — Lambert, Gerard Richard
Leung, Nga Yee — Leung, Alice Nga Yee
Likely, Bryce Haileigh — Swanson, Bryce Haileigh
Lin, Shude — Lin, Kevin Shude
Lovejoy, Doris Lucille — Ryback, Doris Lucille
Lumley, Chandrianna Nancy Marie — Cooper, Chandrianna Nancy Marie
Markova, Svetlana — Bojilov, Svetlana
Marzec, Krystyna — Bozko, Krystyna
Mbarak, Safia — Jeizan, Safia M
Mc Nulty, Sara Jayne — Mc Nulty-Rai, Sara Jayne
McColgan, Kelly Ann — Tierney, Kelly Ann
Munir, Amina — Munir, Aamna
Navarro, Laura Ana — Gazo, Laura Ana
Oakley, David Damien — Swanson, Damien David
Omar, Zaraf Awadh Mbarak — Bamadh, Zaraf Awadh
Ponnampalam, Susaritha — Chandrabose, Susaritha
Popesteanu, Florica — Jercau, Florica
Quilop, Irene D — Worobec, Irene D
Rowe, Michelle Lynn — Drew, Michelle Lynn
Russell, Tanya Ann-Marie — Russell-Thomas, Tanya Ann-Marie
Samek, Roman — Schreiber, Roman
Saunders, Jessica Shirley Ann — Cooper, Jessica Shirley Ann
Saunders, Thomas Charles — Cooper, Thomas Charles I
Shehata, Meishil San George Malak Ebrah — Shehata, Michael Sangeorge
Shipman, Tristan Andrew Peter — Cash, Tristan Andrew Peter
Singh, Varinder — Sandher, Varinder
Spanos, Lisa Michele — Lake, Lisa Michele
Stepanov, Karina — Henrique, Karina
Sylge, Elisabeth Rebecca — Mathers, Elisabeth Rebecca
Tannenbaum, Shirley Ziona — Freinkel, Shirley Ziona
Tibayan, Myla — Tisbe, Myla
Tibayan, Mylene Cultura — Tolentino, Mylene Cultura
Trieu, Nghiem Trang — Trieu, Jimmy Nghiem Trang
Tsantoulas, Katherine — Tsiantoulas, Katherine
Urbach, Percy Getzel — Urback, Percy Getzel
Vasukkey, Ramalingam — Arooran, Vasuki
Vaswani, Omar Ramesh — Niehhar, Thaije
Watson, Bailey James McIver — Cooper, Bailey James
Weller, Nadine Yvonne — Campbell, Nadine Yvonne
Won, Mollie Sun Moi — Cristiano, Mollie Sun Moi
Wong, Lily — Holmyard, Lily
Zoltynski, Paula Marie — Malec, Paulina Maria

Judith M. Hartman
Deputy Registrar General
(6845) 33

Notice Is Hereby Given that the following changes of name were granted during the week ending July 25, 2003. The listing below shows the previous name followed by the new name.

Ahmad, Muhammad Shahzad — Khilji, Shahzad Ahmed
Ahmad, Waqas Parvaiz — Khilji, Waqas Ahmed
Amlinger, Christopher Brett Albert Tuckwood — Tuckwood,
Christopher Brett Albert
Arandjelovic, Christina — Arandjelovic, Christina Milana
Babic, Lidija — Babic, Lee
Beecraft, Trayci Lyn — Harrison, Tracy Lynn
Brocca, Pamela Im — Lim, Pamela
Bromley, Christine Elizabeth — Woodward, Alexis Christine
Campbell, Ronald Delanda — Campbell, Ronald Delano
Carpenter, Roman Gordon — Ciesielski, Roman Gregory
Cespedes, Hans — Cespedes, Wolfgang Hans
Dhaliwal, Dalvinderjit Kaur — Sandhur, Dalvinderjit Kaur
Drganc, Christopher Robert — Foster, Christopher Robert
Dunn, Philip George — Meinert, Philip Joacim
Ene, Georgeta — Ene, Georgette
Foster, Harrison Ross Riley — Riley, Harrison Ross
Galluzzo, Nancy Janeva — Birchenough, Nancy Janeva
Greer, Ronald Welfrid Paul — Greer, Douglas Welfrid Paul
Grignon, Tyler Jason — Fortier, Tyler Jason
Guenette, Bobby Joseph Michel — Beauvais, Bobby Joseph Michel
Haslam, Lindsay Margaret — Vandermeer, Lindsay Margaret
Hassall, Clara Laurene — Hassall, Lorraine Clara
Hassen, Mohamed Awel Ali — Gudal, Mohamed Ali
Herceg, Terri Lynn — Herceg, Terri-Lynn
Hussain, Addi-Rahman — Mohamud, Abdirahman Bashir
Janaszek, Peter — Lovell, Peter Teo
Jayoma, Meriam Neri — Jayoma, Jennifer Meriam Neri
Kayn, Samuel Tobias — Salomon, David Samuel
Khemchand, Sarah Sunita — Khemchand, Sarah Sonita
Khokhlovikina, Innesa Tichonowa — Maslov, Innesa Tichonowa
Kim, Belinda — Reyes, Belinda
Kwok, Sin Wai — Kwok, Steven Sin-Wai
Lampert, Evelyn — Cohen-Lampert, Evelyn
Legge, Christopher William Richard — McCutcheon, Christopher William Richard
Lepage, Mary-Paula — Lizewski, Mary-Paula
Li, Moon Kiu — Li, Calisa Moon-Kiu
Lickholet, Alexandre — Likholyot, Alexander
Lo, Mee Kiu Mazzarallo — Mehta, Mee Kiu Mazzarallo
Lyall, Harriet Joan — Lyall, Joan Anne
Maria, Saadia Akhtar — Khilji, Saadia Akhtar
Mc Gibbon, Lukas Matthew — Carroll, Lukas Matthew
Mc Kay, Jason David Douglas — Stokes, Jason David Douglas
Midwinter, Wendy Kathleen Oakden — Oakden, Wendy Kathleen
Mohammadi, Mehran — Parsa, Michael
Naqvi, Mareen Fatima Naqvi — Naqvi, Mareen Fatima
Naranjo, Raquel Agripina — Guerra Cevallos, Raquel Agripina
Nasser, May Ali — Nasser, May
Neino, Charlee — Nino, Ron Charlee
Nguyen, Phuong Thao — Nguyen, Michelle Phuong
Nurse, Markeyla Marcella — Gangoo, Hannah Markeyla
Oliviero, Angela — Villani, Angela
Oporta Nino, Victorino Antonio — Nino, Victorino Antonio
Panahian-Jand, Manijeh — Ryan, Manijeh
Pilon, Joshua Jarve — Ryan, Joshua Jarve
Pye, Heather Katherine — Kilian, Katherine Elizabeth
Reid-Geddes, Brittiney Elizbeth — Reid, Brittiney Elizabeth
Reynolds, Amanda Ashley — Phillips, Amanda Ashley
Sahijwani, Deepa — Motwani, Muskaan Sahijwani
Sangha, Jatinder Kaur — Gill, Simran Kaur
Sani Khani, Mohammad — Sani, Cyrus Maurice
Savic, Sasa — Savic, Sasha
Schapoks-Siebert, Alisha Heidi Tera — Schapoks, Alisha Heidi Tera
Seguin, Rene Denis Rolland — Desmarais, Rene Denis Rolland
Shaikh, Rahman — Shaikh, Waseem
Tahnbulleh, Mohammed — Shaban, Ahmed Tijani
Tester, Robert Stanley — Dorie, Robert Stanley
Todich, Davor Alexander — Todic, Davor
Vanek, Howard Nathan — Vanek, Nathan Howard
Wang, Ji Zhi — Wang, Qi Zhi
Weller, Nadine Yvonne — Campbell, Nadine Yvonne
Yin, Shi — Yin, David Shi
Zheng, Bing — Jones, Benny

Judith M. Hartman
Deputy Registrar General
(6846) 33

Environmental Assessment Act

Notice Of Extension Of The Approval For Ontario Power Generation’s Class
Environmental Assessment For Modifications To Hydroelectric Facilities

RE: The Class Environmental Assessment for Modifications to Hydroelectric Facilities

Proponent: Ontario Power Generation

The above Class Environmental Assessment for all activities relating to the modification and the subsequent operation, maintenance, and retirement of the modified hydroelectric facilities was originally approved on the 19^th day of August 1993, by Order in Council No. 2090/93. Condition 2 of this approval provides that the approval shall expire the later of five years from the date of the approval, or such later date as the Minister determines by publishing a Notice in the Ontario Gazette. Extensions to the expire date of the approval were granted on August 5, 1998 and August 15, 2000. The most recent extension expires on August 19, 2003.

Take Notice that I am extending the approval of the above Class Environmental Assessment for a period of 2 years so that the approval shall terminate on August 19, 2005, or three months after the date upon which a new class environmental assessment for the waterpower sector is approved by order in council, whichever occurs first.

Dated the 23 day of July, 2003 at Toronto.

Jim Wilson
Minister of the Environment
135 St. Clair Avenue West
12^th Floor
Toronto, Ontario
M4V 1P5
(6838) 33

Ministry of Municipal Affairs and Housing

Social Housing Reform Act, 2000

Issuing of Transfer Orders by the Lieutenant Governor in Council

Notice Is Hereby Given, pursuant to subsection 40(1) of the Social Housing Reform Act, 2000 that Transfer Orders have been made under subsection 39(1) of the Social Housing Reform Act, 2000, transferring rights, interest, liabilities and obligations from the Transferor as noted below to the Transferee as noted below:

(6837) 33

Financial Services Commission of Ontario

Code Of Conduct For Statutory Accident Benefit Representatives

Issued by the Superintendent of Financial Services
Effective November 1, 2003
July 2003

Preamble

The purpose of the Code of Conduct for Statutory Accident Benefit Representatives (Code) is to set out the standards of conduct that must be met by those who advise and represent persons injured in automobile accidents concerning the entitlement of such persons to benefits under the Statutory Accident Benefits Schedule (SABS

The Code is issued by the Superintendent of Financial Services of the Financial Services Commission of Ontario (FSCO) under the authority of the Insurance Act (Act) and subsection 4(1) of Ontario Regulation 7/00, as amended. The effective date is November 1, 2003.

The Code governs the conduct of SABS representatives, whether or not they appear in dispute resolution proceedings at FSCO.

The legislative requirements that apply to SABS representatives are set out in sections 398 and 284.1 of the Act, and in regulations made under the Act. They prohibit a person, other than a lawyer acting in the usual course of the practice of law, from engaging in various functions on behalf of a claimant, including representing a claimant in dispute resolution proceedings, unless the representative has met the conditions established by regulations. These functions are commonly undertaken by persons known as “paralegals” who, for purposes of this Code, are referred to as “SABS representatives” or “representatives.”

SABS representatives perform a wide variety of services on behalf of claimants. These include, for example, the following activities concerning a claim for statutory accident benefits:

• advising another person about his or her rights under the SABS
• completing or assisting in completing application forms;
• discussing and negotiating with an insurer or adjuster;
• attending dispute resolution proceedings at FSCO, in Small Claims Court or private arbitration; or
• negotiating the settlement of SABS claims.

The Code recognizes that SABS representatives have obligations and responsibilities that must be met. Some of these responsibilities are broad, conduct-based “Standards of Conduct” as set out under the headings: Honesty, Competence, Courtesy, and Representation Obligations. Other responsibilities are specific regulatory requirements. These are set out under the headin gs: Errors and Omissions Insurance, Catastrophically Impaired Claimants, Unfair or Deceptive Acts or Practices and Obligations to FSCO.

The Code does not apply to persons who provide advice or representation without compensation, such as a friend or family member who assists a claimant in an informal and unpaid manner.^{footnote 1[1]}

Nor does the Code apply to insurers’ representatives or to lawyers acting in the usual course of the practice of law and their employees, if certain conditions apply.^{footnote 2[2]} Although these persons are not governed by this Code, it is nonetheless expected that they will observe the Standards of Conduct.

SABS representatives who fail to act in a manner consistent with this Code will be subject to administrative action taken by the Superintendent and to prosecution under the Act. July 2003

1. Part 1: Definitions

   1. “Claimant” refers to a person who is seeking advice, assistance or representation concerning his or her entitlement to statutory accident benefits.

   2. “Conflict of interest” of a representative relating to a claim for statutory accident benefits means that,

      1. the representative could receive, directly or indirectly, a financial benefit that arises out of the claim, other than compensation for providing a service referred to in subsection 398(1) of the Insurance Act or for representing a claimant; or
      2. anyone related to the representative may receive, directly or indirectly, a financial benefit that arises out of the claim.

      For the purpose of clause (1), a financial benefit arises out of a claim for statutory accident benefits where the benefit is related to the claim and would not have arisen if the claim had not been made.

      For the purpose of clause (2),

      1. a person is related to another person if,
         1. one person is the spouse or same-sex partner of the other person,
         2. one person is connected with the other person by blood relationship or adoption, or
         3. one person is connected by blood relationship to the spouse or same-sex partner of the other person;
      2. persons are connected by blood relationship if,
         1. one is the child or other descendant of the other person, or
         2. one is the brother or sister of the other person; and
      3. persons are connected by adoption if one has been adopted, either legally or in fact, as the child of,
         1. the other person, or
         2. a person who is connected by blood relationship to the other person but is not the brother or sister of the other person.

   3. “Contingency fee arrangement” includes an agreement under which a fee or other compensation is paid for the provision of services in an amount that is contingent, in whole or in part, on the successful disposition or completion of the matter in respect of which the services are provided.

   4. “FSCO” refers to the Financial Services Commission of Ontario.

   5. “Representative” refers to a person who engages in the activities described under subsection 398(1) of the Insurance Act on behalf of a claimant or provides representation for compensation to someone in a proceeding under sections 279 to 284 of the Insurance Act, but does not include,

      1. a barrister and solicitor acting in the usual course of the practice of law, or
      2. an employee of a barrister and solicitor, or a firm of barristers and solicitors, who, in respect of any claim for statutory accident benefits, acts only under the direct supervision and direction of a barrister and solicitor who,
         1. is a member in good standing of the Law Society of Upper Canada,
         2. carries such professional liability insurance as the Law Society of Upper Canada requires, and
         3. is retained in respect of the claim or is a member of a firm that is retained in respect of the claim.

   6. “Superintendent” refers to the Superintendent of Financial Services.

2. Part 2: Standards of Conduct: Honesty, Competence, Courtesy, Representation Obligations

   Honesty

   1. A representative must act honestly in dealing with the claimant, the insurer and its representatives, FSCO, and all participants in any dispute resolution process.

   2. A representative must not put forward any information he or she knows is untrue, or assist or encourage a claimant to do anything that is dishonest or misrepresents the facts.

      Competence

   3. A representative must have a reasonable understanding of the substantive law and procedural requirements governing statutory accident benefit claims. This includes, but is not limited to, a reasonable understanding of the relevant requirements of the:

      1. Insurance Act;
      2. Statutory Powers Procedure Act;
      3. Statutory Accident Benefits Schedule;
      4. Dispute Resolution Practice Code;
      5. application forms and other Superintendent-approved forms;
      6. Superintendent’s Guidelines; and
      7. case law from arbitrators and courts.

   4. A representative must possess adequate skills, attributes and abilities appropriate to each matter undertaken on behalf of a claimant. A representative must only provide services in those cases for which he or she is competent.

   5. A representative must prepare adequately for each step in the claims process and any dispute resolution proceeding.

   6. At the claims stage, the representative must correctly and fully complete any forms required for making a claim or for taking any step in connection with the claim.

   7. At the negotiation and dispute resolution stage, the representative must have a reasonable understanding of the facts and law, and the ability to present them in a reasonable and fair manner.

      Courtesy

   8. A representative must treat all participants in the claims process and any dispute resolution proceedings with courtesy, respect and fair-dealing, including the claimant, the insurer and its representatives, other parties and their representatives, witnesses, interpreters, court reporters, adjudicators, FSCO staff, mediators, arbitrators and appeal delegates.

      Representation Obligations

   9. A representative must diligently represent the interests of the claimant.

   10. A representative must demonstrate a proper understanding of and willingness to comply with the duties of a representative, including:

       • advising the claimant that he or she is not a lawyer;
       • fully disclosing, in writing, the fees and any other remuneration the representative charges and payment terms and conditions, before being retained;
       • keeping information received from or concerning the claimant strictly confidential and not disclosing such information unless expressly or impliedly authorized by the claimant or permitted or required by law;
       • not misrepresenting his or her qualifications or experience; and
       • obtaining appropriate written authorization before providing representation on behalf of a claimant.

   11. A representative must appear promptly for, and participate in good faith in, all dispute resolution proceedings for which he or she has received notification.

   12. A representative must participate in procedural and settlement discussions in good faith at every stage in the dispute resolution process in order to resolve any issues in the proceedings early and without a formal hearing.

   13. A representative must comply with all procedural requirements that apply to the proceedings, including the procedural requirements contained in the Dispute Resolution Practice Code, and with any orders or directions given by a mediator or adjudicator.

   14. A representative must not engage in conduct that is an abuse of the claims process or dispute resolution process by instituting claims or proceedings, or taking any action in the course of a claim or proceeding, for the dominant purpose of harassing the insurer or causing expenses to be incurred without reasonable cause.

3. Part 3: Regulatory Requirements: Errors and Omissions Insurance, Catastrophically Impaired Claimants, Unfair or Deceptive Acts or Practices, Obligations to FSCO

   Errors and Omissions Insurance

   1. A representative must obtain and continue to maintain errors and omissions liability insurance acceptable to the Superintendent in an amount of not less than $1,000,000 in respect of any one occurrence, with an overall policy aggregate limit of at least $1,000,000 per person.

   2. The deductible must not exceed $5,000 in respect of any one occurrence.

      Catastrophically Impaired Claimants

   3. A representative must not provide services in respect of a claim by a person whom the representative knows, or ought reasonably to know, has sustained a catastrophic impairment as that term is defined in the Statutory Accident Benefits Schedule.

   4. The representative must make appropriate inquiries to satisfy himself or herself that the claimant does not have a catastrophic impairment. Unfair or Deceptive Acts or Practices

   5. A representative must not solicit, accept or demand a fee under a contingency fee arrangement.

   6. A representative must not solicit, accept or demand a referral fee, directly or indirectly, from another person who provides goods or services to or for the benefit of anyone who claims statutory accident benefits.

   7. A representative must not pay a referral fee, directly or indirectly, to another person who provides goods or services to or for the benefit of anyone who claims statutory accident benefits.

   8. A representative must not commit an act or omission that is inconsistent with the Code of Conduct for Statutory Accident Benefit Representatives issued by the Superintendent and published in The Ontario Gazette, as it may be amended from time to time.

   9. A representative who has a conflict of interest relating to a claim for statutory accident benefits must disclose the conflict to anyone who claims the benefits and to the appropriate insurer.

      Obligations to FSCO

   10. A representative must file with the Superintendent such information as the Superintendent requires. This includes completing and filing an approved declaration with FSCO as often as required by the Superintendent.

   11. A representative must respond to a request for information from FSCO fully and promptly, when requested to do so.

   12. A representative may state, if true, that he or she has satisfied the FSCO filing requirements and is legally permitted to advise and represent persons claiming statutory accident benefits. However, a representative must not represent or hold out in any way, directly or indirectly, that FSCO has endorsed his or her services or qualifications.

6836 (33)