No. A-07/03
Propety & Casualty
- Auto

Revised Ontario Application for Automobile Insurance (Owner's Form) (OAF 1); Insurer Obligations Under Privacy and Other Legislation

The Financial Services Commission of Ontario (FSCO) has revised and updated the OAF 1 - Ontario Application for Automobile Insurance (Owner’s Form) to reflect changes to the automobile insurance system introduced under Bill 198.

Changes to the form have been made in consultation with insurance industry stakeholders and include improvements requested by them.

Changes include:

• better use of space on the form by using the first page for explanations and instructions;
• eliminating the mandatory pre-insurance inspection provision;
• amending the provisions dealing with deductible for theft;
• amending the consent to collect, use and disclose personal information; and
• expanding the fraud and offences warning.

Insurance Company Compliance with Privacy and Other Legislation

The revised OAF 1 declaration sets out certain limited purposes, consistent with the Insurance Act, for which insurers may collect, use and disclose described information once the applicant’s consent has been given by signing the OAF 1.
However, insurers are reminded that use of an approved form does not, in and of itself, necessarily constitute compliance with all relevant legal requirements. It is the responsibility of all insurers to review their practices to ensure that they comply with all applicable legislation, including legislation (such as the federal Personal Information Protection and Electronic Documents Act) pertaining to privacy. Depending on their business practices, insurers may need to provide additional disclosure and obtain additional consents to collect, use and disclose information about their customers.

Written Application to Applicants

Insurers are also reminded that if no signed written application is received by the insurer prior to the issuing of a policy, subsection 232 (2) of the Insurance Act requires that the insurer deliver or mail to the insured named in the policy, or to the agent for delivery or mailing to the insured, a form of application to be completed and signed by the insured and returned to the insurer.

Insurers are further reminded that they have a legal obligation to ensure that insurance documents such as application forms are carefully and accurately completed.

Implementation

The revised OAF 1 will be effective for use beginning October 1, 2003.

How to Obtain the Revised Form

For your reference we are attaching a copy of the revised OAF 1 in both English and French. You can also access the forms at FSCO’s website at www.fsco.gov.on.ca

If you have questions about the revised OAF 1, please contact your rate analyst in the Automobile Insurance Division at FSCO.


Bryan P. Davies
Chief Executive Officer and Superintendent of Financial Services

July 29, 2003

Attachment (PDF):

• OAF 1 - Ontario Application for Automobile Insurance (Owner’s Form)