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OPCF 38

The Ontario endorsement that lets a non-driving policyholder keep a car insured for someone else to drive.

Plain-English definition

The Ontario endorsement under which the policyholder agrees in writing not to operate the insured vehicle. Used when the primary insured no longer drives (licence suspended, medical reasons) but the vehicle remains insured for other drivers.

What OPCF 38 actually does

OPCF 38 is the Ontario Policy Change Form titled "Agreement Not to Drive." When you sign it, you formally promise your insurer that you will not operate the vehicle described on the policy. The car stays insured, the policy stays in your name, but you are removed from the list of people permitted to drive it. Coverage continues for the other listed drivers — typically a spouse, an adult child, or another household member who has the proper licence and a clean enough record to qualify.

The endorsement exists because Ontario auto insurance attaches to the vehicle and the named insured, not just to the people behind the wheel. If a household member loses their licence, develops a medical condition that ends their driving, or simply stops driving for personal reasons, the insurer needs a written record that they are off the risk. OPCF 38 is that record.

The standard form is approved by the Financial Services Regulatory Authority of Ontario (FSRA) and published in the Ontario Automobile Policy package maintained by the Insurance Bureau of Canada. The wording itself does not change between insurers — what changes is whether the insurer will agree to write the policy on those terms in the first place.

Who actually uses it

The typical OPCF 38 candidate is not a fraudster trying to dodge a bad driving record. The most common case is an older policyholder who has stopped driving for medical reasons — vision loss, cognitive decline, a stroke — but still owns the car so a spouse or adult child can run errands. Keeping the policy in the original owner's name preserves the insurance history and avoids resetting the loss-free discount on a brand-new policy in someone else's name.

The second common case is a licence suspension. If your licence is suspended for a Highway Traffic Act offence, a medical review, or unpaid family support, your insurer may refuse to keep you on the policy as a driver but will allow the vehicle to stay insured under OPCF 38 so the rest of the household isn't stranded. Whether they agree depends entirely on underwriting appetite — some insurers will, some won't.

It is not a tool for hiding a high-risk driver. If the suspended or excluded person continues to drive the car, the insurer can deny the claim and may have grounds to void coverage. The signature on the form is a legal undertaking, not a paperwork formality.

How it affects your premium

OPCF 38 is not a discount endorsement. It changes who the insurer is rating, not how cheaply they're rating them. If you sign the form and your spouse becomes the sole driver, the premium is recalculated on your spouse's age, driving record, and claims history — which may be higher or lower than yours.

Where it does save money is by avoiding the worst alternative: a high-risk surcharge applied to the whole policy because of one driver the insurer doesn't want on the risk. Removing yourself by formal endorsement is cleaner than being non-disclosed and discovered later. It also avoids the policy being cancelled outright, which would create a lapse in coverage and trigger higher rates the next time you shop.

If the insurer declines to write the policy at all under an OPCF 38 — for example, because the remaining driver is too inexperienced to qualify on their own — you may end up in the Facility Association residual market. That outcome is more expensive than a standard policy, but is still usually cheaper than insuring an excluded driver who keeps driving.

OPCF 38 vs. removing yourself from the policy

People often ask why they can't just be removed as a listed driver instead of signing an endorsement. The answer is that Ontario insurers treat the named insured as a presumed operator of the vehicle unless there is a signed undertaking otherwise. Simply asking to be "taken off" without OPCF 38 doesn't put the insurer on notice that you have committed, in writing, not to drive.

The endorsement matters at claim time. If a loss happens and the insurer suspects the excluded person was driving, OPCF 38 is the document that defines the breach. Without it, the dispute becomes a messier argument about who was a regular operator and whether the policyholder was being truthful at application — the kind of dispute that can drag through the Licence Appeal Tribunal (LAT).

It is also different from OPCF 28A (Reduction of Coverage for Named Persons), which keeps a person on the policy as a driver but strips them of accident benefits and other first-party coverage. OPCF 38 takes the person off as a driver entirely. The two endorsements are sometimes confused; they solve different problems.

What the 2026 Ontario auto reform changes

The reform package that takes effect July 1, 2026 is focused on accident benefits — making certain Statutory Accident Benefits Schedule (SABS) coverages optional, restructuring how medical and rehabilitation benefits are accessed, and adjusting direct compensation for property damage. OPCF 38 itself is an operator-exclusion endorsement and is not directly rewritten by the reform.

That said, the reform changes the consequences of being a signed-off driver. If you sign an OPCF 38 and a household member is later injured in the car, the accident benefits available will be whatever the 2026 rules allow, not the pre-reform package. If you previously relied on a particular benefit being mandatory, check the policy declarations after July 1, 2026 — the default coverage levels may be different.

The endorsement form itself is FSRA-approved. If FSRA republishes the Ontario Automobile Policy with updated form numbering or wording as part of the reform implementation, your broker should re-paper any active OPCF 38 at renewal. Until then, existing endorsements remain in force on the terms they were signed.

Practical steps if you are considering it

Talk to your broker before you talk to your insurer. A RIBO-licensed broker can canvass multiple markets and tell you which carriers will accept the vehicle under an OPCF 38 with the remaining driver profile, and which will not. Going directly to your current insurer may get a yes or a non-renewal notice — there's no third option from a single carrier.

Be honest about why. If the reason is a licence suspension, say so. The insurer will find out from the Ministry of Transportation driver record check anyway, and a discovered non-disclosure is grounds for rescission. If the reason is medical, a brief letter from the treating physician confirming the policyholder no longer drives is usually enough.

Re-evaluate at every renewal. OPCF 38 is not permanent — if the underlying reason changes (medical clearance, licence reinstatement), you can have the endorsement removed and rejoin the policy as a listed driver. The insurer will re-rate based on your current record at that point, including any gap in driving history.

Frequently asked

Can I sign an OPCF 38 and still occasionally drive the car?

No. The endorsement is an undertaking that you will not operate the vehicle, period. "Just to move it in the driveway" is still operation. If you drive and there is a loss, the insurer can deny the claim and may pursue you personally for any payout made to a third party. If you expect to drive even occasionally, OPCF 38 is the wrong endorsement.

Will signing OPCF 38 save me money on my premium?

Not directly. Premium is recalculated based on whoever remains as a listed driver, so the bill goes up or down depending on their record — not yours. Where it helps financially is by avoiding a high-risk surcharge or a policy cancellation when the insurer won't keep you on the risk. It is a coverage tool, not a discount.

What's the difference between OPCF 38 and OPCF 28A?

OPCF 38 removes you as a driver entirely — you agree not to operate the vehicle. OPCF 28A keeps a named person as a driver but reduces their first-party coverage, typically accident benefits, usually as a condition the insurer imposes because of that person's record. Different problems, different forms. A broker can tell you which one your insurer is actually asking for.

Does OPCF 38 affect my insurance history when I start driving again?

Your policy continues in force during the OPCF 38 period, so the policy itself doesn't lapse. But you personally are not accumulating driving experience or a fresh claims-free record as an active driver. When you ask to be reinstated as an operator, the insurer will rate you on your last known record plus any gap, which can mean higher premiums until you rebuild a claims-free history.

Sources

Ontario auto insurance: the full guide
How endorsements, coverage tiers, and named-driver rules fit together on a standard Ontario policy.
2026 Ontario auto reform: what changes July 1
The reform package, the optional benefits, and what to ask your broker before renewal.
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