Appeals
13 Appeal
Board
14 Becoming
ineligible
15 Term
16 Notice
of appeal
17 Panels
18 Remuneration,
fees and expenses
19 Hearing
and notice of hearing
20 Evidence
- council’s decision
21 Written
submissions
22 Procedural
fairness
23 Panel
orders
24 Disposition
of appeal fee
25 Requirements
for order
26 Appeal
to Court
27 Evidence
28 Court
orders
General Provisions and
Elections
29 Eligibility
for candidates
30 Nominations
31 Voter
eligibility - council elections
32 Voter
eligibility - Appeal Board elections
33 Election
process
34 Alternate
elected members
Transitional
Provisions, Repeals,
Expiry and Coming into Force
36 Repeal
37 Expiry
38 Coming
into force
Interpretation
1(1) In this Regulation,
(a) “Act”
means the Insurance Act;
(b) “Appeal
Board” means the Insurance Councils Appeal Board established under section 13;
(c) “council”
means an insurance council referred to in section 493 of the Act;
(d) “former
Act” means the Insurance Act, RSA
1980 cI‑5;
(e) “general
insurance” means insurance of any class or of all classes, other than life
insurance or accident and sickness insurance or both;
(f) “panel”
means a panel of the Appeal Board.
(2) In
this Regulation, a reference to a certificate of authority or licence in
relation to an eligibility requirement or condition to be a member of a council
or the Appeal Board or to be a voter in an election is a reference to a
certificate of authority or licence that is not suspended.
Insurance Councils
Composition of Alberta Insurance Council
2 The Alberta Insurance Council consists of
the following 5 members:
(a) 2
individuals appointed by the Lieutenant Governor in Council who are resident in
Alberta and who neither hold a certificate of authority nor are employed by an
insurer or a person who holds a certificate of authority;
(b) one
individual appointed by the Life Insurance Council who
(i) holds an insurance agent’s certificate of authority, or is
employed by a licensed insurer, and
(ii) is a member of the Life Insurance Council;
(c) one
individual appointed by the General Insurance Council who
(i) holds an insurance agent’s certificate of authority or is
employed by a licensed insurer, and
(ii) is a member of the General Insurance Council;
(d) one
individual appointed by the Insurance Adjusters’ Council who
(i) holds an adjuster’s certificate of authority or is employed by a
licensed insurer, and
(ii) is a member of the Insurance Adjusters’ Council.
Composition of Life Insurance Council
3 The Life Insurance Council consists of
the following 6 members:
(a) 2
individuals appointed by the Lieutenant Governor in Council who are resident in
Alberta and neither hold a certificate of authority nor are employed by an
insurer or by a person who holds a certificate of authority;
(b) 2
individuals appointed by the Canadian Life and Health Insurance Association
Inc. who are resident in Alberta, engaged in the life insurance business and
employed by an insurer licensed to undertake life insurance;
(c) 2
individuals elected in accordance with this Regulation who are resident in
Alberta, are not employed by an insurer licensed to undertake life insurance,
are engaged in the life insurance business and
(i) hold insurance agents’ certificates of authority to act as life
insurance agents, and
(ii) have held the insurance agents’ certificates of authority or have
been designated in the certificates or designated under the Act for the 5 years
before the election.
Composition of
General Insurance Council
4 The General Insurance Council consists of
the following 8 members:
(a) 2
individuals appointed by the Lieutenant Governor in Council who are resident in
Alberta and do not hold certificates of
authority nor are employed by an insurer or by a person who holds a certificate
of authority;
(b) one
individual appointed by the Insurance Bureau of Canada who is resident in
Alberta, is engaged in the general insurance business and is employed by a
licensed insurer that does not restrict its agents from acting as general
insurance agents for other insurers;
(c) 3
individuals elected in accordance with this Regulation who are resident in
Alberta, are not employed by an insurer, are engaged in the general insurance
business, are not restricted by contract or otherwise from acting as insurance
agents for more than one insurer and
(i) hold insurance agents’ certificates of authority to act as
general insurance agents, and
(ii) have held the insurance agents’ certificates of authority or been
designated in the certificates or designated under the Act for the 5 years
before the election;
(d) 2
individuals appointed by the Insurance Bureau of Canada who are resident in
Alberta, engaged in the general insurance business and employed by a licensed
insurer that restricts its insurance agents from acting as general insurance
agents for any other insurer for the same class of insurance.
Composition of
Insurance Adjusters’ Council
5 The Insurance Adjusters’ Council consists
of the following 4 members:
(a) one
individual appointed by the Lieutenant Governor in Council who is resident in
Alberta, does not hold a certificate of authority and is not employed by an
insurer or by a person who holds a certificate of authority;
(b) 2
individuals elected in accordance with this Regulation who are resident in
Alberta, are engaged in the insurance business, hold adjusters’ certificates of
authority and have held the certificates for the 5 years before the election
and are not employed by an insurer;
(c) one
individual appointed by the Insurance Bureau of Canada who is resident in
Alberta, is engaged in the general insurance business and is employed by a
licensed insurer to undertake general insurance.
Chair of councils
6(1) The
Lieutenant Governor in Council must appoint one of the members referred to in
section 2(a) as chair of the Alberta Insurance Council.
(2) The
members of the Life Insurance Council must appoint one of the members referred
to in section 3 as chair.
(3) The
members of the General Insurance Council must appoint one of the members referred
to in section 4 as chair.
(4) The members of the Insurance Adjusters’ Council
must appoint one of the members referred to in section 5 as chair.
AR 126/2001
s6;10/2003;104/2006
Becoming ineligible
7 If an individual who is a member of a
council no longer meets the conditions or eligibility requirements for that
individual to be a member, the individual is no longer a member of the council.
Term
8(1) The term of office of an appointed member of a
council is not to exceed 3 years.
(2) The
term of office of an elected member of a council is 3 years.
(3) An
individual appointed or elected to a council may not serve more than 2
consecutive terms as a member of that council.
(4) An individual who serves 2 consecutive terms on
one council must wait 3 years before the individual is eligible to be a member
of that council.
AR 126/2001 s8;104/2006
Delegation
9 The Minister may under section 791(1) of
the Act in writing delegate to a council, on any terms and conditions that the
Minister considers appropriate, any of the Minister’s powers, duties and
functions
(a) to
approve and refuse applications for certificates of authority,
(b) to
approve the reinstatement of certificates of authority under the Act,
(c) to
impose terms and conditions on certificates of authority,
(d) to
suspend or revoke certificates of authority and to make investigations for the
purposes of the Act,
(e) to
levy penalties, and to collect penalties levied, under the Act, and to remit
the money collected, and
(f) to
hold hearings to determine the eligibility of applicants for certificates of
authority and to hold hearings on any of the matters referred to in clauses (a)
to (e).
AR 126/2001 s10;27/2002
Delegation to Alberta
Insurance Council
10(1) The Minister may in writing delegate to the
Alberta Insurance Council, on any terms and conditions that the Minister
considers appropriate, any of the Minister’s powers, duties and functions
(a) under
section 33 of the Insurance Agents and
Adjusters Regulation,
(b) under
section 481 of the Act,
(c) respecting
any administrative arrangements or details necessary or expedient for enabling
councils to perform powers, duties or functions delegated to them under section
9,
(d) to
receive applications for certificates of authority,
(e) to
conduct, administer and grade examinations written by applicants for
certificates of authority,
(f) to
issue certificates of authority,
(g) to
maintain records under section 794(5) of the Act and the powers, duties and
functions under section 795 of the Act when exercised or carried out in
relation to section 794(5),
(h) to
collect fees and levies that are payable to the councils by applicants for
certificates of authority and holders of certificates of authority,
(i) to
investigate complaints from persons with respect to insurance companies and to
come to a resolution or disposition of those complaints, and
(j) to
investigate complaints on behalf of councils from any persons regarding alleged
contraventions of the Act or the regulations by holders of certificates of
authority and to come to a resolution or disposition of those complaints.
(2) The
Alberta Insurance Council must prepare and submit to the Minister, on or before
April 30 of each year, an annual report on the operation and affairs of that
council for the year ending on the preceding December 31, and the report must
contain
(a) a
financial statement summarizing the income and expenditures of the council,
(b) the
number of persons registered in each certificate of authority category,
(c) the
number of persons in each certificate of authority category
(i) who were refused registration, and
(ii) whose certificates of authority were suspended or cancelled,
(d) the
reasons for refusals, suspensions and cancellations,
(e) a
summary
(i) of the complaints received in respect of insurance companies and
the investigations undertaken in respect of those complaints, and
(ii) of the resolution or disposition of those complaints,
(f) a
summary
(i) of the complaints received against holders of certificates of
authority, and
(ii) of the resolution or disposition of those complaints,
(g) a
summary
(i) of investigations undertaken against holders of certificates of
authority under the Act, and
(ii) of the resolution or disposition of the matters investigated,
(h) a
list of current members of the councils, and
(i) any
other information that the Minister has requested.
(3) The Alberta Insurance Council must provide such
administrative services as may be required to the other councils and the Accreditation
Committee under section 29 of the Insurance Agents and Adjusters Regulation
(AR 122/2001).
AR 126/2001 s10;104/2006
Life, General and
Adjusters’ Councils
11 The Minister may in writing delegate to
the Life Insurance Council, the General Insurance Council or the Insurance
Adjusters’ Council, on any terms and conditions that he considers appropriate,
any of his powers, duties and functions
(a) to
approve the respective texts and study materials provided for the examinations
to be written by applicants for certificates of authority,
(b) to
approve initial and other examinations to be written by applicants for
certificates of authority, and
(c) to
approve educational training programs to be undertaken by applicants for, or
holders of, certificates of authority.
Inspection of
records, etc.
12 A council must at all reasonable times
allow the Superintendent or any person authorized by the Minister free and full
access to the records, documents, books, papers, correspondence and any other
information held by the council that relate to the exercise of powers,
functions and responsibilities delegated to the council or prescribed by this
Regulation, and must permit the Superintendent or the authorized person to take
possession of any such materials and to retain them for any period that the
Minister considers necessary with due regard to the functions of the council.
Appeals
Appeal Board
13(1) The Insurance Councils Appeal Board is
established.
(2) The
Appeal Board consists of the following 15 members:
(a) 3
individuals appointed by the Minister who are resident in Alberta and who do
not hold a certificate of authority nor are employed by an insurer or by a
person who holds a certificate of authority;
(b) 4
individuals elected in accordance with this Regulation who are resident in
Alberta, are engaged in the general insurance business and hold insurance
agents’ certificates of authority to act as general insurance agents;
(c) repealed
AR 104/2006 s5;
(d) 4
individuals elected in accordance with this Regulation who are resident in
Alberta, are not employed by an insurer, are engaged in the life insurance
business and hold insurance agents’ certificates of authority to act as life
insurance agents;
(e) 4
individuals elected in accordance with this Regulation who are resident in
Alberta, are engaged in the insurance business and hold adjusters’ certificates
of authority.
(3) The Minister must maintain a list of members of
the Appeal Board.
AR 126/2001 s13;104/2006
Becoming ineligible
14 If an individual who is a member of the
Appeal Board no longer meets the conditions or eligibility requirements for
that individual to be a member, the individual is no longer a member of the
Appeal Board.
Term
15(1) The term of office of an appointed member of
the Appeal Board is not to exceed 3 years.
(2) The
term of office of an elected member of the Appeal Board is 3 years.
(3) An
individual may not serve more than 2 consecutive terms in office as a member of
the Appeal Board.
(4) An
individual who serves 2 consecutive terms must wait 3 years before the
individual is eligible to be a member of the Appeal Board.
(5) Subsections (3) and (4) do not apply to an
individual appointed to the Appeal Board under section 13(2)(a).
AR 126/2001 s15;104/2006
Notice of appeal
16(1) A person who is adversely affected by a
decision of a council may appeal the decision by submitting a notice of appeal
to the Superintendent within 30 days after the council has mailed the written
notice of the decision to the person.
(2) The
notice of appeal must contain the following:
(a) a
copy of the written notice of the decision being appealed;
(b) a
description of the relief requested by the appellant;
(c) the
signature of the appellant or the appellant’s lawyer;
(d) an
address for service in Alberta for the appellant;
(e) an
appeal fee of $200 payable to the Minister of Finance.
(3) The
Superintendent must provide a copy of the notice of appeal to the council whose
decision is being appealed when a notice of appeal has been submitted.
(4) If the appeal involves a suspension or
revocation of a certificate of authority or a levy of a penalty, the council’s
decision is suspended until after the disposition of the appeal by a panel of
the Appeal Board.
AR 126/2001
s16;27/2002;104/2006
Panels
17(1) The Superintendent must, within 30 days of
receiving a notice of appeal, select members of the Appeal Board to form a
panel that will decide the appeal.
(2) A
panel consists of one individual selected from the appointed members of the
Appeal Board and 2 individuals selected from the elected members of the Appeal
Board.
(3) The
individual selected from the appointed members is the chair of the panel.
(4) No member of the Appeal Board who has an
interest in the subject‑matter raised in a notice of appeal, whether
directly or because of the member’s position, affiliation or involvement in or
with an organization, firm or business, may participate in the panel that will
decide the appeal.
AR 126/2001 s17;104/2006
Remuneration, fees
and expenses
18(1) The remuneration, fees and expenses payable to
panel members are in accordance with Schedule 1, Part A of the Committee
Remuneration Order.
(2) The Alberta Insurance Council must pay to panel
members the remuneration, fees and expenses referred to in subsection (1).
AR 126/2001 s18;104/2006
Hearing and notice of
hearing
19(1) The panel must fix a date for a hearing of the
appeal, which date must be not more than 30 days after the last member of the
panel is selected.
(2) The
time period for the date of the hearing may be extended
(a) by
the Superintendent on the request of the panel, or
(b) by
the panel on the request of the appellant or the council whose decision is
being appealed.
(3) The
panel must give written notice of the date of the hearing to the appellant and
to the council whose decision is being appealed.
(4) The
written notice must contain
(a) the
date, time and place of the hearing, and
(b) the mailing address of the panel.
AR 126/2001 s19;104/2006
Evidence - council’s decision
20 The council whose decision is being
appealed must file with the panel and serve on the appellant
(a) the
evidence submitted to the council or that the council obtained for the purposes
of making its decision,
(b) all
other papers and documents in the possession of the council relating to the
decision, and
(c) a
document from the council certifying that all the material referred to in
clauses (a) and (b) is being filed.
Written submissions
21(1) If a written submission is made to the panel by
the appellant or the council whose decision is being appealed, the submission
must be filed with the panel and served on the other party at least 7 days
before the date of the hearing.
(2) A
written submission must contain the following:
(a) a
summary of the facts and evidence to be relied on by the party;
(b) a
list of any witnesses to be called by the party;
(c) the
name, address and telephone number of any lawyer acting on behalf of the party.
(3) The
written submission must be signed by the party or the lawyer of the party.
(4) A
panel may allow a party to introduce evidence or call witnesses at a hearing
even though the party did not comply with this section and, if the panel allows
the introduction of evidence or the calling of witnesses, the panel must provide
the other party with an opportunity to review and to respond to the evidence,
including the evidence of the witnesses.
Procedural fairness
22(1) Every panel is subject to the principles of
procedural fairness.
(2) A
panel is not bound by the rules of evidence applicable to courts of civil or
criminal jurisdiction.
(3) A
panel is confined in making its decision to the submissions and evidence
submitted to it.
Panel orders
23 A panel may by order
(a) confirm
the refusal to renew, reinstate or issue a certificate of authority, confirm
the suspension or revocation of a certificate of authority or confirm the levy
of a penalty,
(b) direct
that a certificate of authority be issued,
(c) cancel
the revocation of a certificate of authority or substitute a period of
suspension,
(d) cancel
or vary the suspension of a certificate of authority, or
(e) cancel the levy of a penalty or vary the
time for its payment.
AR 126/2001 s23;104/2006
Disposition of appeal
fee
24(1) If the panel makes an order under section
23(a), the amount of the appeal fee must be paid to the Alberta Insurance
Council.
(2) If
the panel makes an order under section 23(b) or (c) or cancels the suspension
of a certificate of authority under section 23(d), the amount of the appeal fee
must be refunded to the appellant.
(3) If
the panel varies the suspension of a certificate of authority under section
23(d) or makes an order under section 23(e), the panel must determine whether
the amount of the appeal fee is to be paid to the Alberta Insurance Council or
refunded to the appellant.
Requirements for
order
25(1) The order of the panel must be in writing, be
signed by the chair and contain the following:
(a) a
summary of the evidence;
(b) a
statement of the issues to be decided;
(c) the
reasons for the decision, including any dissent.
(2) The
panel must mail copies of its order to the appellant, to the council whose
decision was appealed and to the Superintendent.
Appeal to Court
26(1) The person whose appeal was heard by the panel
or the council whose decision was appealed to the panel may appeal the order of
the panel to the Court of Queen’s Bench by filing in that Court an originating
notice within 30 days after the panel has mailed the order to the person and
the council.
(2) The
appeal may only be based on a question of law or jurisdiction.
(3) The
originating notice must be served on the other party to the appeal, the panel
and the Superintendent.
(4) The
panel’s order remains in effect during an appeal to the Court of Queen’s Bench,
unless that Court orders otherwise.
(5) Except
for an appeal under this section, no order of a panel may be questioned,
reviewed, restrained or removed by prohibition, injunction, certiorari or any
other process or proceeding in a court.
Evidence
27(1) The panel whose order is being appealed must
file with the Court of Queen’s Bench
(a) the
evidence submitted to the panel for the purposes of making its order,
(b) all
other papers and documents in the possession of the panel relating to the
order, and
(c) a
document from the panel certifying that all the material referred to in clauses
(a) and (b) is being filed.
(2) The
panel must serve the document referred to in subsection (1)(c) on the parties
to the appeal, but the panel is not required to serve the material referred to
in subsection (1)(a) and (b) on the parties.
(3) The
Court of Queen’s Bench is confined in making its order to the evidence
submitted to the panel, unless the Court allows new evidence to be admitted.
Court orders
28 The Court of Queen’s Bench may
(a) make
any order that the panel may make or refer the matter back to the panel, and
(b) make
any order that it considers appropriate respecting the appeal fee referred to
in section 24.
General Provisions and
Elections
Eligibility for
candidates
29 An individual is not eligible to be a
member of a council or the Appeal Board if
(a) the
individual has ever been convicted of an offence under the Insurance Act,
(b) the
individual’s certificate of authority has ever been suspended or revoked,
(c) a
penalty under section 480 of the Act has ever been levied against the
individual in respect of a matter referred to in section 480(1)(a) of the Act,
(c.1) a
penalty under section 480 of the Act has been levied against the individual in
the preceding 5 years in respect of a matter referred to in section 480(1)(b),
(c), (d) or (e) of the Act,
(d) the
individual is a dependent adult as defined in the Dependent Adults Act or is the subject of a compulsory care order
or a certificate of incapacity under that Act,
(e) the
individual is a formal patient as defined in the Mental Health Act,
(f) the
individual has been found to be a person of unsound mind by a court elsewhere
than in Alberta, or
(g) the individual does not meet an eligibility
criterion that has been established by the Alberta Insurance Council and
approved by the Minister.
AR 126/2001 s29;104/2006
Nominations
30(1) An individual is nominated as a candidate in an
election if the individual is nominated by at least 5 people who are eligible
to vote in the election of the candidate.
(2) No
individual may be nominated to be a candidate for membership on more than one
council at the same time or to be a candidate for membership on a council and
the Appeal Board at the same time.
(3) No
individual may be nominated to be a candidate for membership on a council if
the individual is a member of another council or the Appeal Board.
(4) No
individual may be nominated to be a candidate for membership on the Appeal
Board if the individual is a member of a council.
Voter eligibility -
council elections
31(1) An individual is eligible to vote in an
election for members to the Life Insurance Council if the individual, when the
ballot is mailed to the individual,
(a) is
engaged in the life insurance business, and
(b) holds
a certificate of authority to act as a life insurance agent.
(2) An
individual is eligible to vote in an election for members to the General
Insurance Council if the individual, when the ballot is mailed to the individual,
(a) is
not employed by an insurer,
(b) is
engaged in the general insurance business,
(c) is
not restricted by contract or otherwise from acting as agent for more than one
insurer, and
(d) holds
a certificate of authority to act as a general insurance agent.
(3) An
individual is eligible to vote in an election for members to the Insurance
Adjusters’ Council if the individual, when the ballot is mailed to the
individual,
(a) is
engaged in the general insurance business, and
(b) holds
an adjuster’s certificate of authority.
Voter eligibility -
Appeal Board elections
32(1) An individual is eligible to vote in an
election for a member of the Appeal Board if the individual meets the
requirements under section 13(2) to be a candidate for that election when the
ballot is mailed to the individual.
(2) Despite
subsection (1), an individual who is not a resident of Alberta is eligible if
the individual meets all of the other requirements under section 13(2).
Election process
33(1) The Alberta Insurance Council is responsible
for conducting an election under this Regulation.
(2) An
election and request for nominations must be advertised.
(3) Nominations
must be received by the Council by a date specified by the Council and that
date must be at least 30 days after the advertisement is published.
(4) Elections
are to be by a mail vote and ballots must be returned by voters by a date that
the Council specifies.
(5) The
Council must
(a) declare
the winners of the election within 5 days, excluding Saturdays and holidays,
after the date that all ballots are to be returned by voters, and
(b) notify
the Minister of each declaration.
(6) An
elected member’s term commences when the Council declares the member to be
elected.
(7) The
Council may make rules respecting elections under this Regulation.
(8) The
rules and any amendments to them do not come into force unless they have been
approved by the Minister.
Alternate elected
members
34(1) In this section,
(a) “former
member” means an elected member of a council or the Appeal Board who ceases to
be a member for a reason other than the expiration of the member’s term;
(b) “runner
up” means a candidate in an election who did not receive enough votes to be
declared elected;
(c) “vacancy”
means a vacancy in a council or the Appeal Board created by a former member.
(2) When
a vacancy occurs in a council or the Appeal Board, the Alberta Insurance
Council must declare elected the runner
up having the highest number of votes in the most recent election held for the
category of the former member who created the vacancy if the runner up
(a) wishes
to fill the vacancy, and
(b) still
meets the eligibility requirements to be a candidate.
(3) When
a vacancy occurs in a council or the Appeal Board and the runner up referred to
in subsection (2) does not wish to fill
the vacancy or no longer meets the eligibility requirements to be a candidate
or when a vacancy occurs and there are no runners up in the most recent
election held for the category of the former member who created the vacancy,
the Alberta Insurance Council may
(a) conduct
an election to fill the vacancy,
(b) declare,
from any remaining runners up in the most recent election held for the category
of the former member, the runner up with the highest number of votes who wishes
to fill the vacancy and still meets the eligibility requirements to be a
candidate to be elected, or
(c) if
there is still a quorum in the council or Appeal Board, choose not to fill the
vacancy.
(4)
If the Alberta Insurance Council declares a runner up to be elected under this
section to fill a vacancy, the term of the runner up is the remainder of the
former member’s term.
(5) If,
as a result of conducting an election under this section to fill a vacancy, the
Alberta Insurance Council declares an individual to be elected and the
declaration occurs with more than 187 days remaining in the term of the former
member, the term of the individual is the remainder of the former member’s
term.
(6) If,
as a result of conducting an election under this section to fill a vacancy, the
Alberta Insurance Council declares an individual to be elected and the
declaration occurs with 187 days or fewer remaining in the term of the former
member, the term of the individual is the remainder of the former member’s term
plus 3 years.
(7) The
term of the runner up or individual referred to in subsection (4), (5) or (6)
is deemed to be one full term for the purposes of sections 8 and 15.
(8) Despite
anything in this section, the Alberta Insurance Council is not required to fill
a vacancy in a council or the Appeal Board if there are 60 days or fewer
remaining in the term of the former member when the vacancy occurs.
Transitional Provisions,
Repeals,
Expiry and Coming into Force
35 Repealed AR 104/2006 s13.
Repeal
36 The Insurance
Councils Regulation (AR 323/88) is repealed.
Expiry
37 For the purpose of ensuring
that this Regulation is reviewed for ongoing relevancy and necessity, with the
option that it may be repassed in its present or an amended form following a
review, this Regulation expires on April 30, 2016.
AR 126/2001 s37;104/2006
Coming into force
38 This Regulation comes into
force on the coming into force of any section of the Insurance Act.
AR 126/2001 s38;104/2006