Conflict of Interest

(1) For the purposes of sections 37.1, 37.3, 38, 38.1 and 38.2,

(a) a person has a conflict of interest relating to the provision of goods or services if,

(i) the person or a related person may receive a financial benefit, directly or indirectly, as a result of the provision, by the related person or another person, of the goods or services, and

(ii) the person who may receive the financial benefit is not the employee of the person who will provide the goods or services and does not have a contract with the person who will provide the goods or services or under which goods or services of that kind are provided; and

(b) an insurer has a conflict of interest relating to the provision of goods or services to an insured person if,

(i) the insurer may receive a financial benefit, directly or indirectly, as a result of the provisions of the goods or services, or

(ii) the goods or services will be provided by a person pursuant to a subsisting arrangement with the insurer under which goods or services referred to in this Regulation are or will be provided at the insurer’s expense. O. Reg. 281/03, s. 17; O. Reg. 533/06, s. 10.

(2) A related person, in respect of a person who is not a corporation, is an individual who is,

(a) the spouse of the person;

(b) connected with the person by blood relationship or adoption; or

(c) connected by blood relationship to the spouse of the person. O. Reg. 281/03, s. 17; O. Reg. 314/05, s. 5.

(3) For the purposes of subsection (2),

(a) persons are connected by blood relationship if one is the child or other descendant of the other or is the brother or sister of the other; and

(b) persons are connected by adoption if one has been adopted, either legally or in fact, as the child of the other or as a child of a person who is connected by blood relationship, otherwise than as brother or sister, to the other. O. Reg. 281/03, s. 17.