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Bill 141 : the right to be forgotten in insurance resurfaced in the debates

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Denis Méthot

27 March, 2018 09:45

Nicolas Marceau | Photo : Denis Méthot

The Parti Québécois (PQ) is equivalent to the load in the folder for the right to be forgotten in the insurance industry. It seeks to integrate this right into the bill 141.

Last march 15, the members of the PQ have tabled an amendment in this sense. The president of the Commission, the mna Raymond Bernier, has agreed to accept the amendments, but asked for a legal opinion to determine whether they were admissible and could be discussed within the framework of the project of act 141.

This addition on the right to be forgotten in insurance has been suggested by the mna Nicolas Marceau, spokesperson of the official opposition in matters of finance, and his counterpart in health, Diane Lamarre. The PQ wants the legislature to ensure that insurers do not be able to use some of the diseases that the patients had recovered for a number of years as a criterion in pricing insurance.

The French case

The practice is located in France on the plan of mortgage. Twenty years after recovery from a cancer, of Quebec deplore the fact that the disease that they have surmounted can still have a negative effect on their insurance premiums, what the two deputies pq members see it as a form of discrimination. «It is a collective duty, a duty to society that they can benefit from a right to be forgotten,» said Nicolas Marceau.

«It should be considered that there are prejudices and injustices clear that are caused to people, pointed out Diane Lamarre. There may be also people that take advantage of the vulnerability of some patients «.

New attempt

This is not the first time that the PQ formula for this request. Diane Lamarre had done for the first time in the national Assembly in December 2016. This time, the party of Jean-François Lisée proceeds differently.

He wants to include in the draft loi141 this piece because legislative key aspects in insurance. Ms. Lamarre recalled that the insurance industry was the only one who had the legal power to discriminate against customers, but lamented that people considered cured by the medicine may still be penalized by insurers after several years.

The proposals of the PQ

Under the proposals of the Parti québécois, it would be forbidden to take it into consideration as factors for determining risk, the fact you have been suffering from a disease prescribed by regulation after a certain delay following the end of the treatment protocol (medication or treatments like chemotherapy).

The term disease would be a cancer pathology as well as any other chronic pathology when the data and the progress of medicine demonstrates the capacity of science to narrow significantly and sustainably the effects of this disease.

Determine by regulation

According to the proposals of Diane Lamarre, the minister of Finance or of Health determine by regulation the period of time from the end of the treatment protocol where the diseases referred to, should not be considered in the determination of risk in an insurance contract. In the cases provided for by the regulations, the policyholder and the insured would not be required to make declarations to the insurer.

The use of factors of determination of risk in the cases referred to by the regulations to constitute discrimination within the meaning of article 10 of the québec Charter of rights and freedoms of the person. The Parti Québécois has suggested that the amendment that he proposes to become article 3.1 of the draft law 141.

«Not good law «, according to the minister

The minister of Finance, Carlos J. Leitão, was shown to be sensitive to the situations of the people who must pay additional premiums or are unable to ensure having survived a serious illness, but has deferred the application of the PQ for legal reasons. «It is a laudable objective, but we are not in the good law «, he defended.

He referred to the fact that these proposals would require mandatory changes to the Charter relate to aspects dealing with discrimination, which is an undertaking long and arduous. He also believed that it would be necessary to arrive at a consensus on forgetting insurance, that insurers should be consulted and be part of the consensus. Nevertheless, he deems the central issue, especially because in a certain future, it is estimated that one person out of two in Quebec will suffer from a cancer, but a lot will survive. «It will have to be investigated one day,» he admitted.

Despite the reticence of the minister, two representatives of the Parti quebecois have tabled their amendment. They will wait for the legal opinion that will receive the president of the Commission of public finances to determine if they are eligible and that elected officials can discuss in other sessions.

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