Significant changes to the way accident benefits are built into automobile insurance policies sold in Ontario took effect on July 1, 2026. Non-earner benefits are among a few types affected by the 2026 changes. Ontario auto insurance policyholders as well as individuals recently injured in an automobile accident in the province now have a reason to look closely at the terms of their policy, because the transition of certain benefits from mandatory to optional can structure both the coverage you have and the coverage you may wish to obtain. Call (905) 218-3668 today to schedule a consultation to discuss how the 2026 changes to non-earner benefits may apply to a specific claim.
What Are Non-Earner Benefits?
Non-earner benefits are a type of insurance payment that covered individuals may be eligible to receive if they are insured under certain auto accident insurance policies, were not working at the time the accident occurred, and sustained as a result of the accident an impairment that leaves them completely unable to carry on a normal life. The non-earner benefit provides a rough parallel to the income replacement benefit mandated for all auto accident insurance policies sold in Ontario, but is not based on the individual’s pre-injury earnings and is not available to individuals who are employed at the time of their accident.
Summary of Ontario Non-Earner Benefits in 2026
Ontario’s July 1, 2026, changes to the Statutory Accident Benefits Schedule (SABS) made non-earner benefits under Ontario automobile insurance optional rather than mandatory, affecting eligibility, coverage, and benefit amounts. Additionally, eligibility for optional accident benefits is now generally limited to the named insured, the named insured’s spouse and dependents, and other drivers specifically named in the policy, regardless of broader policy language. TSF Law serves individuals throughout Ontario, including Mississauga, by providing information and guidance regarding automobile accident claims, the Statutory Accident Benefits Schedule, and optional accident benefits.
What Is the Statutory Accident Benefits Schedule?
The Statutory Accident Benefits Schedule (SABS) is a listing of benefits auto insurance companies are required to provide under Ontario insurance regulations. “Provide” in this sense should be taken advisedly; while some forms of first-party accident injury coverage have been and continue to be mandatory as part of any auto insurance policy sold in Ontario, the 2026 changes to the SABS moved other types of coverage, including the non-earner benefit, from mandatory to optional.
Ontario Regulation 34/10, section 4.1, still requires insurance providers to offer income replacement benefits, non-earner benefits, and caregiver benefits as optional add-ons with auto insurance policies, but insurers are no longer required to include all of these benefits in every policy as a matter of course. Understanding how the distinction between mandatory vs. optional coverage is drawn in the context of the SABS is important because this delineation helps to shape your options as a consumer, as well as what you may want to look for in a policy. A personal injury lawyer with TSF Law may be able to offer you more detailed guidance if you have questions about your specific situation.
Did the Accident Benefit Schedule Change in 2026?
If you are an Ontario driver looking for information on 2026 changes to auto insurance policies, the changes you are most concerned about were probably decided in 2024. As a practical matter, any regulatory change that requires significant alterations to standard practices within an affected industry that already operates on a fairly regimented system takes time to implement. In fact, O. Reg. 383/24, amending the existing statutory accident benefits schedule, was published in October of 2024, and specified an effective date of July 1, 2026 for the changes it contained.
What Were the 2026 Changes to Non-Earner Benefits?
O. Reg. 383/24 instantiated numerous changes that can affect non-earner benefits. Mapping out what those changes are can help you understand how they may affect your current auto insurance policy and coverage.
Optional vs. Mandatory Benefits
O. Reg. 34/10 now includes, as a result of the 383/24 amendments, a subsection 2(1.0.1), which provides that the benefits described in Parts II, IV, V, and VI of the SABS are to become optional, rather than compulsory, elements of Ontario auto insurance coverage from July 1, 2026. A separate-but-related amendment, introduced in section 4.1, requires every insurer to offer the following benefits as optional add-ons to motor vehicle insurance policies:
- Income replacement benefit
- Non-earner benefit
- Caregiver benefit
The same section also specifies that drivers must be permitted to purchase these optional benefits at any time before an accident occurs for which the individual wishes to file a claim.
Non-Earner Benefit Amounts
The 2026 changes also affect the amount of benefit payments. Whereas previously the amount had been specified within the SABS, the new changes instead make the amount contingent on the amount fixed by the terms of the optionally purchased benefit policy. Because policies vary between insurers and even the same insurer may offer more than one insurance plan, Ontario drivers will now need to confirm the amount as well as the purchase of any optional coverage they may wish to purchase.
Who Is Eligible for Non-Earner Benefits?
For policies purchased after July 1, 2026, you must first be covered under a policy that includes the optional non-earner benefit. For policies purchased before that date, then absent a change in the agreement between insurer and policyholder the non-earner benefit will continue to provide the same benefits that were included in the policy when it was originally purchased under the older SABS, with the difference that these benefits will automatically become optional at the first renewal date after July 1, 2026, rather than remaining as an integrated, mandatory part of the policy. However, those benefits only apply to an “insured person,” and the 2026 changes also restricted the list of people who could be considered insured for the purpose of determining eligibility for the optional benefits described in Parts II, IV, V, and VI of the SABS. Unlike the optional benefits renewal, this change applies to all policies, regardless of purchase or renewal date.
Optional accident benefits (the non-earner benefit, the income replacement benefit, and the caregiver benefit) are now available only to:
- The individual named in the policy
- His or her spouse and their dependents
- Any other individuals named in the policy as drivers of the insured vehicle
This exclusivity actually overrides any provision in an insurance policy to the contrary under the 2026 changes introduced by 383/24. In practical terms, what this means for Ontario drivers is that, even if your optional benefits are renewed without change, they now cover fewer (potential) people.
Renewal of Coverage
One point that is important for drivers in Ontario to know is that, if they have previously purchased auto insurance policies that contained the non-earner benefits that were compulsory before July 1, 2026, then unless they change their policies or enter into a written agreement with their insurer to the contrary, their current policy terms will renew automatically. This continuation provision applies both to the types of coverage included in the policy and to the amounts payable for those benefits.
Speak With an Ontario Lawyer Today
The 2026 changes to the SABS have moved certain types of coverage, including non-earner benefits, to optional status. If you are purchasing a new motor vehicle insurance policy, it is important to review the terms to ensure that you purchase any optional coverage you may need. If your policy has renewed since July 1, 2026, in most cases you can expect its coverage to continue unaltered unless you sign an agreement to the contrary, but it is a wise idea to review the terms of all your insurance policies periodically to make sure they are up to date and accurately reflect your current needs. A member of the TSF Law team may be able to help you review the terms of your insurance policy. Call our Mississauga office today at (905) 218-3668 to talk through the details of an Ontario accident benefits claim.
Important FAQs About Ontario Non-Earner Benefits and the 2026 SABS Changes
The following frequently asked questions address common legal questions about Ontario non-earner benefits, the Statutory Accident Benefits Schedule, Ontario automobile insurance, and the 2026 regulatory changes.
What Are Non-Earner Benefits In Ontario?
Non-earner benefits are optional accident benefits under Ontario automobile insurance that may provide weekly payments to eligible insured individuals who were not employed when an automobile accident caused a complete inability to carry on a normal life. Unlike income replacement benefits, non-earner benefits are not based on pre-injury earnings and generally apply only to qualifying individuals who meet the eligibility requirements established by the Statutory Accident Benefits Schedule and the applicable insurance policy.
How Are Non-Earner Benefit Amounts Determined?
Non-earner benefit amounts are determined by the terms of the optional automobile insurance coverage purchased rather than by a fixed amount established in the Statutory Accident Benefits Schedule. Because insurers may offer different coverage limits and policy options, reviewing the benefit amount listed in the specific Ontario automobile insurance policy has become increasingly important.
What Happens To Automobile Insurance Policies Purchased Before July 1, 2026?
Automobile insurance policies purchased before July 1, 2026, generally continue under their existing terms until renewal unless the policyholder and insurer agree to different coverage in writing. Upon renewal after July 1, 2026, previously included non-earner benefits typically continue unless changed, although the coverage becomes optional rather than automatically included as mandatory coverage.
Can Optional Accident Benefits Be Purchased After An Accident?
Optional accident benefits generally must be purchased before the automobile accident that gives rise to a claim under Ontario automobile insurance. Ontario Regulation 34/10 requires insurers to offer optional non-earner benefits, income replacement benefits, and caregiver benefits, but those benefits cannot generally be added retroactively for an accident that has already occurred.
