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Opposition mounts as OREA members face mandatory insurance plan

There’s been an outcry from many Ontario realtors following the approval last month of a mandatory insurance and benefits package pushed through by the province’s real estate association. 

Ontario realtors reportedly will be required to participate in the controversial plan or lose their association membership, even if they already have coverage through another provider or a spouse’s plan. The cost per realtor is about $660 annually, and the fact that there’s no opt-out has many agents across the province up in arms. Although a significant percentage don’t have coverage and are pleased to know they’ll be getting it, others feel that the plan could be improved and that the process leading to it has been rushed and lacking in transparency. Seniors as a group are particularly concerned, as apparently they’ll have reduced coverage but still must pay full price, which some construe as discriminatory. 

The majority of an assembly of representatives from member boards voted in favour of the Ontario Realtor Wellness Program (ORWP), which will take effect on Jan. 1, 2024. But individual members of the Ontario Real Estate Association (OREA) had no say in the vote, and many feel that all realtors should have had a voice. As well, it’s been pointed out that the Toronto Regional Real Estate Board (TRREB), the province’s colossus, holds close to 50 per cent of the votes, rendering anything it votes in favour of virtually unbeatable.

“TRREB is a catalyst in this,” surmises long-time Toronto realtor and professional arbitrator Barry Lebow, who’s been brought on board by those opposing the insurance to be a strong dissenting voice. Lebow notes that TRREB has its own benefits package, and for the board to vote to get rid of it for the new OREA program implies that “there must be something in it for them,” most obviously that they can now hand off administrative responsibilities.

 

Legal questions surround implementation of mandatory program for independent contractors

 

A bigger question circulating in real estate circles is whether it’s legal for OREA to implement a mandatory program that has nothing to do with selling real estate, particularly in light of the fact that realtors are independent contractors.

A new Facebook page called ‘Ontario Realtors opposing mandatory OREA ORWP’ has become an online hub for those against the mandatory insurance. (Says agent Gail Cornacchia, one of the admins instrumental in creating and managing the site, “I didn’t know really what I was in for.”)

More than a platform for keyboard warriors, the Facebook page includes a petition — ‘Say No to ORWP’ — that’s racking up thousands of signatures. Money has also been raised through the site to hire a lawyer. The first thing the lawyer will look into is whether the new mandatory insurance is legal by association rules, Lebow explains.  

Word is that the lawyer has asked for radio silence while he does the research, as he was being bombarded with calls. By the end of July, more details will be available, Lebow notes.

If the lawyer finds that OREA has every legal right to implement a mandatory benefits package, the anti-ORWP contingent’s options will be limited. Whatever happens, their biggest objection to the plan is that it’s mandatory. 

Lebow confirms that “nobody would argue if the insurance was optional.” 

He doesn’t know what’s behind OREA pushing the program through in a matter of months, but he doesn’t believe the organization’s motives are underhanded. And he personally doesn’t care that OREA fees will increase substantially. 

“But this was heavy-handed.” he insists. “There was no getting a consensus from members…And OREA didn’t give us the option of opting out or in.”

In his opinion, members were steamrolled. “I think the whole board should resign,” he states. “They have not represented the masses. The association did us a disservice. We had no voice. That’s the biggest takeaway here.”

 

OREA president acknowledges feedback but no direct response to concerns

 

While OREA hasn’t yet directly addressed concerns, President Tania Artenosi indicates in a recent statement to REM that the organization “continues to receive and review feedback.” The plan will continue to be reviewed to improve benefits and reduce costs wherever possible, she states.

OREA’s goal was “a program that delivered broad coverage and incredible support …ensuring valuable coverage for realtors of all ages and situations,” Artenosi continues. She provides this example: “Most corporate benefit plans do not typically offer critical illness coverage to spouses, and travel insurance for individuals 65 and older is often limited or costly. And the program pays for itself through healthcare coverage alone, which offers a total of $2,000 in combined annual coverage available to all members for medical services and supplies, prescription drugs, and paramedical practitioners, including physiotherapists, chiropractors, and massage therapists.”      

The ORWP is a reliable safety net “for just $54.99 a month,” she says. Those looking for increased coverage at their own expense can now view the top-up options on OREA’s website.   

                         

“We’ll both be quitting real estate in January…It feels like we’ve been forced out of the business.”  

– Darlene Foster, Ontario realtor

 

Southern Ontario realtors Darlene Foster and her husband Wayne — both with Royal LePage and approaching their golden years — aren’t sold.  

“We want a choice,” they say, having discovered that — contrary to what they’d been hoping — Wayne’s excellent existing coverage for medications and benefits won’t kick in once the much lower OREA coverage is exhausted. The Fosters contacted OREA but say they received only boilerplate responses along the lines of the plan being what was best for members.

“So we’ll both be quitting real estate in January,” reveals Darlene. “It feels like we’ve been forced out of the business.”  

For those considering the less drastic step of quitting OREA rather than leaving real estate altogether, a recent post on the anti-ORWP Facebook site advises against it, explaining that you’ll likely lose access to MLS and only wind up hurting your business and your clients.

 

Local associations and boards weigh options

 

Associations that voted against the insurance are facing a similar dilemma. Bill Duce, CEO of the Waterloo Region Association of Realtors (WRAR), says that the board is deciding what to do next. That decision “may range from fully participating in the ORWP to not complying” at all, he asserts. “The board is deeply concerned that participating in the program would force them to sign a contract with the carrier of OREA’s choice,” which WRAR cannot amend, despite being held accountable for any risks that arise as a result, Duce explains.

REM conducted its own unofficial newsletter poll recently, resulting in 1,162 responses — 22.8 per cent of which supported the ORWP, while 77.4 per cent opposed it. For those outside Ontario, 18.3 per cent said they’d like to see a similar program in their province, with 81.7 per cent against it. 

It would seem from the array of responses from various sources so far that “the mandatory nature of this insurance program is objectionable” to a much higher percentage of members than OREA originally anticipated, observes Re/Max’s Cameron Nolan. “One would hope OREA will respond to that statistic in setting aside the mandatory nature of the coverage.” 

 

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