Government Notices — Other
Ontario Securities Commission
Multilateral Instrument 91-102 Prohibition of Binary Options
On December 12, 2017, Multilateral Instrument 91-102 Prohibition of Binary Options (MI 91-102) became effective under the Securities Act.
The purpose of MI 91-102 is to protect would-be investors from becoming victims of binary options fraud and from an illegal promotion of extremely high risk products. MI 91-102 will achieve this goal by raising awareness among investors that the sale of these products is illegal and by disrupting the distribution of these products, including its facilitation through payment processing and advertising.
MI 91-102 prohibits advertising, offering, selling or otherwise trading a binary option having a term to maturity of less than 30 days with or to:
- an individual, and
- a person or company that is created, or is used, solely to trade a binary option.
MI 91-102 sets out a definition of “binary option” that is intended to capture a range of products that are commonly called binary options, or that are similar to products that are commonly called binary options, regardless of how they are named.
The full text of MI 91-102 is available in the Ontario Securities Commission’s Bulletin at 2017 40 OSCB 9703 and on the Commission’s website at www.osc.gov.on.ca.
(150-G585)
Order in Council
On the recommendation of the undersigned, the Lieutenant Governor, by and with the advice and concurrence of the Executive Council, orders that:
O.C. 2444/2017
whereas pursuant to subsection 2(1) of the Executive Council Act, R.S.O. 1990, c. E.25, a member of the Executive Council has been appointed under the Great Seal to hold office as the Minister of Advanced Education and Skills Development;
therefore, pursuant to subsections 2(2), 5(1) and 8(1) of the Executive Council Act:
Minister to preside over Ministry
- The Minister of Advanced Education and Skills Development (the “Minister”) shall preside over a ministry known as the Ministry of Advanced Education and Skills Development (the “Ministry”).
Minister
- The Minister shall exercise the powers and perform the duties, functions and responsibilities that are assigned by law to the Minister or that may otherwise be assigned to or undertaken by the Minister in respect of advanced education and skills development and any other matters related to the Minister’s portfolio.
- The Minister shall exercise the powers and perform the duties, functions and responsibilities that had been previously assigned and transferred to the Minister of Training, Colleges and Universities including the powers, duties, functions and responsibilities assigned and transferred to the Minister under Order in Council O.C. 1337/2016 dated September 14, 2016 and Order in Council O.C. 831/2014 dated April 30, 2014, and such powers, duties, functions and responsibilities are assigned and transferred accordingly including but not limited to the powers, duties, functions and responsibilities of the Minister of Training, Colleges and Universities in respect of the following Acts:
- Algoma University Act, 2008, S.O. 2008, c. 13
- Higher Education Quality Council of Ontario Act, 2005, S.O. 2005, c. 28, Sched. G
- Ministry of Training, Colleges and Universities Act, R.S.O. 1990, c. M.19
- Ontario College of Art & Design University Act, 2002, S.O. 2002, c. 8, Sched. E
- Ontario College of Trades and Apprenticeship Act, 2009, S.O. 2009, c. 22, in respect of apprenticeship
- Post-secondary Education Choice and Excellence Act, 2000, S.O. 2000, c. 36, Sched.
- University of Ontario Institute of Technology Act, 2002, S.O. 2002, c. 8, Sched. O
Ministry
- The Ministry shall carry out the functions, responsibilities and programs that are assigned by law to the Ministry or that may otherwise be assigned to or undertaken by the Ministry in respect of advanced education and skills development and any other matters related to the Minister’s portfolio.
- The Ministry shall carry out the functions, responsibilities and programs that had been previously assigned and transferred to the Ministry of Training, Colleges and Universities including the functions, responsibilities and programs assigned to the Ministry under Order in Council O.C. 1337/2016 dated September 14, 2016 and such functions, responsibilities and programs are assigned and transferred accordingly including but not limited to the functions, responsibilities and programs of the Ministry of Training, Colleges and Universities in respect of the following Acts:
- Algoma University Act, 2008, S.O. 2008, c. 13
- Higher Education Quality Council of Ontario Act, 2005, S.O. 2005, c. 28, Sched. G
- Ministry of Training, Colleges and Universities Act, R.S.O. 1990, c. M.19
- Ontario College of Art & Design University Act, 2002, S.O. 2002, c. 8, Sched. E
- Ontario College of Trades and Apprenticeship Act, 2009, S.O. 2009, c. 22, in respect of apprenticeship
- Post-secondary Education Choice and Excellence Act, 2000, S.O. 2000, c. 36, Sched.
- University of Ontario Institute of Technology Act, 2002, S.O. 2002, c. 8, Sched. O
Administration of Statutes
- Despite any provision of a statute or Order in Council, the administration of the statutes set out in the Appendix to this Order in Council is assigned to the Minister.
Revocation of Orders in Council
- Order in Council O.C. 1337/2016, dated September 14, 2016 and Order in Council O.C. 831/2014 dated April 30, 2014 are hereby revoked.
Recommended
Kathleen O’Day Wynne
Premier and President of the Council
Concurred
Deborah Matthews
Chair of Cabinet
Approved and Ordered December 14, 2017.
Elizabeth Dowdeswell
Lieutenant Governor of Ontario
Appendix
Statutes Administered by the Minister of Advanced Education and Skills Development
Algoma University Act, 2008, S.O. 2008, c.13
Colleges Collective Bargaining Act, 2008, S.O. 2008, c.15
Higher Education Quality Council of Ontario Act, 2005, S.O. 2005, c.28, Sched. G
Ministry of Training, Colleges and Universities Act, R.S.O. 1990, c. M.19
Ontario College of Art & Design University Act, 2002, S.O. 2002, c.8, Sched. E
Ontario Colleges of Applied Arts and Technology Act, 2002, S.O. 2002, c.8, Sched. F
Ontario College of Trades and Apprenticeship Act, 2009, S.O. 2009, c.22, in respect of apprenticeship
Ontario Labour Mobility Act, 2009, S.O. 2009, c.24
Post-secondary Education Choice and Excellence Act, 2000, S.O. 2000, c.36, Sched.
Private Career Colleges Act, 2005, S.O. 2005, c.28, Sched. L
University Expropriations Powers Act, R.S.O. 1990, c. U.3
University Foundations Act, 1992, S.O. 1992, c.22
University of Ontario Institute of Technology Act, 2002, S.O. 2002, c.8, Sched. O
(150-G586E)
January 2018
Attendant Care Hourly Rate Guideline
Superintendent’s Guideline No. 03/17
Attendant Care Hourly Rate Guideline
Introduction
This Guideline is issued pursuant to s. 268.3 of the Insurance Act and is incorporated by reference in s. 19 (2) (a) of the Statutory Accident Benefits Schedule – Effective September 1, 2010 (SABS).
Purpose
This Guideline establishes the maximum expense that automobile insurers are liable to pay under the SABS related to attendant care services, and applies only to accidents that occur on or after January 1, 2018.
The maximum hourly rates applicable to accidents occurring before January 1, 2018 continue unchanged. For example, the rates applicable to accidents occurring on or after October 1, 2017 and before January 1, 2018 are governed by Superintendent’s Guideline No. 02/17. See the Financial Services Commission of Ontario website for previous Superintendent’s Guidelines.
Insurers are not prohibited from paying above the maximum hourly rates established in this Guideline.
Collateral Benefits
In respect of any expense referenced in this Guideline, the amount which an insurer would otherwise be liable to pay is subject to reduction by that portion of the expense for which payment is reasonably available under any insurance plan or law or under any other plan or law.
Administration Fees
The hourly rates referred to in s. 19 (2) (a) of the SABS and this Guideline include all administration costs, overhead, and related costs, fees, expenses, charges and surcharges that have the result of increasing the maximum hourly rates. Insurers are not liable for any administration or any other charges or surcharges that have the result of increasing the effective hourly rate beyond what is payable under this Guideline.
Maximum Fees
Automobile insurers are not liable to pay for expenses related to attendant care costs rendered to an insured person that exceed the maximum hourly rates set out below.
| Attendant Care Costs | Maximum Hourly Rate |
|---|---|
| Part 1: Hourly Rate A level 1 attendant care is for routine personal care. | $14.90 |
| Part 2: Hourly Rate B level 2 attendant care is for basic supervisory functions. | $14.00 |
| Part 3: Hourly Rate C level 3 attendant care is for complex health/care and hygiene functions | $21.11 |
(150-G587E)
2018 Monetary Thresholds and Deductibles for Non-Pecuniary Tort Awards under the Insurance Act and Court Proceedings for Automobile Accidents that Occur on or after November 1, 1996 (O. Reg. 461/96)
| Monetary Thresholds | |||
|---|---|---|---|
| Section reference in the Insurance Act | Description | Amount 2017 | Amount 2018 |
| 267.5 (8.3) | Non-pecuniary loss | $124,616.21 | $126,610.07 |
| 267.5 (8.4) | Actions under the Family Law Act | $62,307.59 | $63,304.51 |
| Deductible Amounts | |||
|---|---|---|---|
| Section reference in Court Proceedings for Automobile Accidents That Occur on or after November 1, 1996 (O. Reg. 461/96) | Description | Amount 2017 | Amount 2018 |
| 5.1 (1) | Non-pecuniary loss deductible | $37,385.17 | $37,983.33 |
| 5.1 (2) | Family Law Act deductible | $18,692.59 | $18,991.67 |
(150-G588E)
2018 Indexation Percentage, Revised Deductibles and Monetary Amounts for Automobile Insurance under the Insurance Act and the Statutory Accident Benefits Schedule–Accidents after December 31, 1993 and before November 1, 1996 (1993 SABS)
| Indexation Percentage | |||
|---|---|---|---|
| Section reference in the Insurance Act | Description | Amount 2017 | Amount 2018 |
| 268.1 | indexation percentage | 1.3% | 1.6% |
| Deductible Amounts | |||
|---|---|---|---|
| Section reference in the Insurance Act | Description | Amount 2017 | Amount 2018 |
| 267.1 (8) 3 | non-pecuniary loss deductible | $15,040.28 | $15,280.92 |
| Family Law Act deductible | $7,520.16 | $7,640.48 | |
| Monetary Amounts | |||
|---|---|---|---|
| Section reference in the 1993 SABS | Description | Amount 2017 | Amount 2018 |
| 10 (9) | maximum weekly income replacement benefit ** | $1,517.72 | $1,542.00 |
| 15 (5) | average Weekly Earnings for Ontario | $978.77 | $985.83 |
| 16 (1) (a) | lump sum benefit for each year of elementary school | $3,035.37 | $3,083.94 |
| 16 (1) (b) | lump sum benefit for each year of secondary school** | $6,070.76 | $6,167.89 |
| lump sum benefit for each semester of secondary school** | $3,035.37 | $3,083.94 | |
| 16 (1) (c) | lump sum benefit for each year of post-secondary school** | $12,141.54 | $12,335.80 |
| lump sum benefit for each semester of post-secondary school** | $6,070.76 | $6,167.89 | |
| 18 (5) | weekly caregiver benefit for first person | $379.41 | $385.48 |
| weekly caregiver benefit for each additional person | $75.83 | $77.04 | |
| 28 (4) | maximum weekly loss of earning capacity benefit | $1,517.72 | $1,542.00 |
| 32 (5) | maximum sum of weekly loss of earning capacity benefit and weekly supplement | $1,517.72 | $1,542.00 |
| 46 (1) | maximum limit on supplementary medical benefits and rehabilitation benefits** | $1,517,689.76 | $1,541,972.80 |
| 47 (4) | maximum monthly attendant care benefit (all insureds) | $4,553.07 | $4,625.92 |
| 47 (5) | maximum monthly attendant care benefit (catastrophic injuries) | $9,106.14 | $9,251.84 |
| 47 (6) | maximum monthly attendant care benefit (multiple, catastrophic injuries) | $15,176.89 | $15,419.72 |
| 47 (7) | maximum monthly attendant care benefit (severe brain injuries with violent behaviour) | $15,176.89 | $15,419.72 |
| 50 (6) | hourly rate for personal attendant care (when using Form 1) | $13.28 | $13.49 |
| hourly rate for skilled attendant care (when using Form 1) | $21.24 | $21.58 | |
| 51 (1) (b) | death benefit to spouse where insured would not have qualified for income replacement benefits | $75,884.47 | $77,098.62 |
| 51 (4) (a) | death benefit to dependant | $15,176.89 | $15,419.72 |
| 51 (4) (b) | death benefit to former spouse | $15,176.89 | $15,419.72 |
| 51 (5) | death benefit where insured was a dependent | $15,176.89 | $15,419.72 |
| 51 (8) | minimum death benefit to spouse | $75,884.47 | $77,098.62 |
| maximum death benefit to spouse | $303,537.95 | $308,394.56 | |
| 52 (2) | funeral benefit | $9,106.14 | $9,251.84 |
| 54 (4) | weekly dependant care expenses for first dependant | $113.82 | $115.64 |
| weekly dependant care expenses for each additional dependant | $37.96 | $38.57 | |
| 54 (5) | maximum for weekly dependant care expenses | $227.65 | $231.29 |
**The Superintendent continues to index these amounts as required by law but some indexed amounts, as specified by a double asterisk in the chart, may no longer be relevant in certain cases. Please refer to the specific provisions in the 1993 SABS to determine if these indexed amounts apply to your situation.
(150-G589E)