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Finance committee Thank you, Mr. Chairman. I am Frank Zinatelli, vice-president and general counsel of the Canadian Life and Health Insurance Association Inc. I would like to thank the committee very much for this opportunity to contribute to your review of part 4 of Bill C-38, An Act to impleme
June 1st, 2012Committee meeting
Frank Zinatelli
Finance committee Thank you for the question. I think the budget and the subsequent bill address that in a very technical manner. I believe that if one were to look at the existing legislation, I would certainly interpret it as having established that separation, I believe, way back at the begin
June 1st, 2012Committee meeting
Frank Zinatelli
Finance committee It addresses this for private sector federal companies.
June 1st, 2012Committee meeting
Frank Zinatelli
Finance committee Bill C-38 addresses very much a specific subset of that issue. It doesn't address the pension issue, for example, in terms of creating new priorities, etc. What it addresses is long-term disability benefits that are effectively being paid in situations where an employer self-insu
June 1st, 2012Committee meeting
Frank Zinatelli
Finance committee That is certainly another very important question that will have to be discussed and that has been discussed to a great degree. I believe this LTD initiative we have started is very positive. We are hoping that the provinces will also come on board with similar initiatives to add
June 1st, 2012Committee meeting
Frank Zinatelli
Industry committee We will both be making a presentation, Mr. Chair. My name is Frank Zinatelli. I'm vice-president and general counsel with the Canadian Life and Health Insurance Association. I'm accompanied today by my colleague Anny Duval, who is counsel with the CLHIA. The CLHIA represents l
March 26th, 2015Committee meeting
Frank Zinatelli
Industry committee Finally, Chairman, we would like to touch on a provision that has already received a lot of attention by other witnesses: proposed PIPEDA section 6.1, in clause 5 of the bill, describing when consent is valid. We believe a clear and consistent understanding of consent for the p
March 26th, 2015Committee meeting
Frank Zinatelli
Industry committee We have a concern where the breach might be of a minor nature but it would still be subject to very serious penalties, as was being referred to earlier. Including those as part of the requirement for record-keeping would be inappropriate. I mean, think of an example where you st
March 26th, 2015Committee meeting
Frank Zinatelli
Industry committee One of our themes, as I said, is harmonization within Canada, but clearly, also for our regulators who deal with other privacy commissioners internationally and do a lot of work together this is very useful, because it creates similar rules—to some degree, at least—across various
March 26th, 2015Committee meeting
Frank Zinatelli
Industry committee We would also support the bill. We've heard, even today, some suggestions that are useful—for example, the one about extending fraud to crime and so on. But I think the bill is a very good one and should proceed as it is.
March 26th, 2015Committee meeting
Frank Zinatelli
Industry committee We're in a very similar position as expressed by the Insurance Bureau of Canada, but I would also note that subsequent to the Spencer decision—I'm not going to remember what—there was a decision in December having to do with access to cell phones that maybe changes that again the
March 26th, 2015Committee meeting
Frank Zinatelli
Industry committee Yes, very much so.
March 26th, 2015Committee meeting
Frank Zinatelli
Industry committee I just wanted to comment that certainly the life and health insurance industry has very rigorous due diligence processes in place, and indeed it has oversight within the company itself. Of course, there's the overall oversight by the Privacy Commissioner, who has also appeared be
March 26th, 2015Committee meeting
Frank Zinatelli
Industry committee I would love to be able to answer that, but I'll have to think about it. I would be happy to speak with you bilaterally later on, or through the clerk.
March 26th, 2015Committee meeting
Frank Zinatelli
Industry committee Well, we're certainly paying attention to the amendment. We're scratching our heads a little bit as to what exactly it means. I have been asked the question by a variety of my clients. We represent more than 99% of the life and health insurance industry, and many of the legal fol
March 26th, 2015Committee meeting
Frank Zinatelli