Saskatchewan Insurance Councils Regulations, R.R.S., c. S-26 Reg. 2
- Citation: Saskatchewan Insurance Councils Regulations, R.R.S., c. S-26 Reg. 2
- Enabling Statute: Saskatchewan Insurance Act, R.S.S. 1978, c. S-26
- Version downloaded by CanLII on 2003-02-27
Warning: This document predates the last update of the collection. It might have been modified or omitted since this last update.
1
SASKATCHEWAN INSURANCE COUNCILS S-26 REG 2
The
Saskatchewan
Insurance Councils
Regulations
being
Chapter S-26 Reg 2 (effective December 13, 1985)
as amended by Saskatchewan Regulations 55/91, 35/98,
27/2000 and 88/2001.
NOTE:
This consolidation is not official. Amendments have been
incorporated for convenience of reference and the original statutes
andregulationsshouldbeconsultedforallpurposesofinterpretation
and application of the law. In order to preserve the integrity of the
original statutes and regulations, errors that may have appeared are
reproduced in this consolidation.
TITLE AND INTERPRETATION 14 Consumer protection
1 Title 15 Recommendations to government
2 Interpretation 16 Inspection by superintendent
3 General Insurance Council
GENERAL INSURANCE COUNCIL
4 Life Insurance Council
17 Delegation by the superintendent
5 Hail Insurance Council
18 Exercise of powers regarding licences
6 Councils to be at pleasure
19 Procedure for refusal, suspension,
OPERATION OF COUNCILS cancellation or conditions
7 Procedures for appointment and election of 20 Issues not covered in Act, regulations or
members bylaws
8 Administration and internal affairs of 21 Reference to superintendent
council 22 Records
9 Educational and training requirements 23 Fees
10 Powers of superintendent re bylaws 24 Payments
11 Complaints 25 Examinations
12 Other annual reports 26 G.I.C. Annual report
13 Contracts 27 Proof
CHAPTER S-26 REG 2
The Saskatchewan Insurance Act
TITLE AND INTERPRETATION
Title
1 These regulations may be cited as The Saskatchewan Insurance Councils
Regulations.
20 Dec 85 cS-26 Reg 2 s1; 2 Aug 91 SR 55/91 s3.
Interpretation
2 In these regulations:
(a) "Act" means The Saskatchewan Insurance Act;
(b) "applicant" means a person who applies to be licensed as a general
insurance, hail insurance or life insurance agent, salesperson, broker or
adjuster;
(c) "broker" means a person who is licensed as an insurance agent and who
has been granted privileges to engage in or hold himself out as being engaged
in the insurance brokerage business as described in section 419 of the Act;
(d) "bylaws" means the bylaws of a council;
(e) "C.C.H.A." means the Canadian Crop Hail Association consisting of
representatives of insurers writing crop hail insurance in Saskatchewan,
Manitoba and Alberta;
(f) "C.L.H.I.A." means the Canadian Life and Health Insurance Association
incorporated pursuant to Part II of the Canada Corporations Act, as amended
from time to time;
(g) "council" means the G.I.C., the Life Insurance Council or the Hail
Insurance Council established by these regulations;
(h) "exclusive agent" means an agent:
(i) who represents only one general insurance company or a group of
general insurance companies under common management;
(ii) who elects to be licensed as an exclusive agent; and
(iii) who is an employee or agent of a company described in
subclause (i);
(i) "G.I.C." means the General Insurance Council established pursuant to
section 3;
(j) "general insurance" means all classes of insurance other than life
insurance and hail insurance;
(k) "Hail Insurance Council" means the Hail Insurance Council established
pursuant to section 5;
(l) "I.A.A.S." means the Insurance Agents Association of Saskatchewan
incorporated pursuant to The Non-profit Corporations Act.
(m) "L.U.A.C." means the Life Underwriters Association of Canada
incorporated pursuant to An Act to incorporate The Life Underwriters
Association of Canada (Canada), as amended from time to time;
(n) "licensee" means a person who is licensed pursuant to Part XVI of the
Act and these regulations;
(o) "Life Insurance Council" means the Life Insurance Council established
pursuant to section 4;
(p) "member" means a member of a council;
(q) "register" means the register kept pursuant to section 22;
(r) "salesperson" means a person who sells insurance on behalf of a
licensed agent.
20 Dec 85 cS-26 Reg 2 s2.
COUNCILS ESTABLISHED
General Insurance Council
3(1) The General Insurance Council of Saskatchewan is hereby established
consisting of eight members including:
(a) three persons appointed by the superintendent and serving at the
pleasure of the superintendent;
(b) four persons who are residents of Saskatchewan and engaged in the
general insurance business in Saskatchewan appointed by the board of
directors of the I.A.A.S. or, if the bylaws so determine, elected by the general
membership of the I.A.A.S.; and
(c) the person appointed pursuant to subsection 17(4) by the G.I.C. to
exercise the powers, functions and responsibilities delegated to or prescribed
for the G.I.C. pursuant to the Act and these regulations.
(2) The person described in clause (1)(c) shall be a non-voting member of
the G.I.C..
(3) The bylaws of the G.I.C. bind the G.I.C. and every licensee who holds a licence
described in clause 426(d) of the Act and every applicant for such a licence as if
those bylaws had been agreed to by the G.I.C. and each such licensee and
applicant.
(4) The function of the G.I.C. is:
(a) to exercise the powers, functions and duties delegated to it pursuant to
these regulations;
(b) to establish standards for applicants and licensees in the general
insurance industry that will promote high standards of professionalism,
competence and integrity in the general insurance industry; and
(c) to serve as a link between the general insurance industry and consumers
of its products and services.
20 Dec 85 cS-26 Reg 2 s3.
Life Insurance Council
4(1) The Life Insurance Council of Saskatchewan is hereby established consisting
of nine members including:
(a) three persons appointed by the superintendent and serving at the
pleasure of the superintendent;
(b) three persons who are residents of Saskatchewan and engaged in the life
insurance business in Saskatchewan appointed by the board of directors of
the L.U.A.C or, where the bylaws so determine, elected by the general
membership of the L.U.A.C.; and
(c) three persons who are residents of Saskatchewan and engaged in the life
insurance business in Saskatchewan appointed by the board of directors of
the C.L.H.I.A. or, if the bylaws so determine, elected by the general
membership of the C.L.H.I.A.
(2) The bylaws of the Life Insurance Council bind that council and every licensee
who holds a licence described in clause 426(a) or (b) of the Act and every applicant
for such a licence as if those bylaws had been agreed to by the Life Insurance
Council and each such licensee and applicant.
(3) The function of the Life Insurance Council is:
(a) to establish standards for applicants and licensees in the life insurance
industry that will promote high standards of professionalism, competence
and integrity in the life insurance industry;
(b) to serve as a link between the life insurance industry and consumers of
its products and services; and
(c) to exercise the powers, functions and duties delegated to it pursuant to
these regulations.
20 Dec 85 cS-26 Reg 2 s4; 2 Aug 91 SR 55/91 s4.
Hail Insurance Council
5(1) The Hail Insurance Council of Saskatchewan is hereby established consisting
of seven members including:
(a) four persons appointed by the superintendent and serving at the
pleasure of the superintendent; and
(b) three persons who are residents of Saskatchewan and engaged in the
hail insurance business in Saskatchewan appointed by the board of directors
of the C.C.H.A. or, if the bylaws so determine, elected by the general
membership of the C.C.H.A.
(2) The bylaws of the Hail Insurance Council bind that council and every licensee
who holds a licence described in clause 426(c) of the Act and every applicant for
such a licence as if those bylaws had been agreed to by the Hail Insurance Council
and each such licensee and applicant.
(3) The function of the Hail Insurance Council is:
(a) to establish standards for applicants and licensees in the hail insurance
industry that will promote high standards of professionalism, competence
and integrity in the hail insurance industry;
(b) to serve as a link between the hail insurance industry and consumers of
its products and services; and
(c) to exercise the powers, functions and duties delegated to it pursuant to
these regulations.
20 Dec 85 cS-26 Reg 2 s5; 2 Aug 91 SR 55/91 s5.
Councils to be at pleasure
6(1) Notwithstanding the other provisions of these regulations, the Lieutenant
Governor in Council may, at pleasure and without notice or cause wind up any
council on any terms and conditions that he considers appropriate.
(2) Where a council is wound up pursuant to subsection (1), the council shall
immediately cease to act and turn over to any person designated by the Lieutenant
Governor in Council any documents, records and monies that the Lieutenant
Governor in Council may require.
20 Dec 85 cS-26 Reg 2 s6.
OPERATION OF COUNCILS
Procedures for appointment and election of members
7(1) In this section, "associations" means the associations mentioned in
clauses 2(e), (f), (l) and (m).
(2) The councils shall administer and supervise procedures for the appointment
and election of members, developed in consultation between the superintendent
and the respective associations, to ensure that full councils are in place at all times.
20 Dec 85 cS-26 Reg 2 s7; 2 Aug 91 SR 55/91 s6.
Administration and internal affairs of council
8 Each council may make bylaws governing its administration and internal
affairs and, without restricting the generality of the foregoing, each council may
make bylaws:
(a) subject to these regulations, governing the election or appointment,
remuneration, functions, duties and removal of officers;
(a.1) subject to these regulations, governing indemnification of members
and officers for acts done in good faith while carrying out their functions and
duties;
(b) respecting the calling, holding and conducting of its meetings and the
voting procedures at such meetings;
(c) respecting its banking and financial dealings;
(d) providing for the appointment of its employees, officials or agents, and
the assigning of functions, powers and duties to them;
(e) providing for the appointment of committees, and the delegation or
subdelegation of functions, powers and duties to those committees;
(f) governing how it exercises or its employees, committees, officials and
agents exercise functions, powers and duties as delegated and prescribed.
20 Dec 85 cS-26 Reg 2 s8; 1 May 98 SR 35/98
s3.
Educational and training requirements
9(1) Each council may make bylaws:
(a) establishing the educational, training and other standards and
qualifications required for the licensing of persons to whom the council has
the authority to issue a licence;
(b) establishing ethical, operational and trade practices for persons to whom
the council has issued a licence;
(b.1) establishing all or any of the following with respect to persons or
classes of persons to whom the council has issued a licence:
(i) standards of conduct, competence and proficiency;
(ii) standards of training and education, including additional and
continuing training and education;
(b.2) requiring of persons or classes of persons to whom the council has
issued a licence the successful completion of training and education programs,
including additional and continuing training and education programs, for the
purposes of ensuring that those persons or classes meet the standards
established pursuant to clause (b.1);
(b.3) determining what constitutes successful completion of training and
education programs, including additional and continuing training and
education programs, for the purposes of clause (b.2);
(c) providing for the investigation of complaints and the adjudication or
mediation of disputes regarding services provided by any person to whom the
council:
(i) has issued a licence; or
(ii) has the authority to issue a licence; and
(d) providing for the enforcement of the council's bylaws.
(2) Every applicant and licensee shall comply with the bylaws made pursuant to
subsection (1), and failure to so comply is deemed to be a contravention of these
regulations.
20 Dec 85 cS-26 Reg 2 s9; 2 Aug 91 SR 55/91 s7;
1 May 98 SR 35/98 s4.
Powers of superintendent re bylaws
10 Notwithstanding sections 8 and 9, the superintendent may:
(a) initiate new bylaws or amendments to bylaws or suspend or cancel any
existing bylaw provided that the bylaw is not one whereby a council has
accepted powers delegated to it by the superintendent; and
(b) require any council to publish in the Gazette any bylaw that the
superintendent requires to be published.
20 Dec 85 cS-26 Reg 2 s10.
Complaints
11(1) Each council may, in accordance with its bylaws, receive complaints from
any person regarding alleged non-compliance with the Act, the regulations or the
bylaws by applicants for licences or licensees who are subject to its bylaws.
(2) Repealed. 2 Aug 91 SR 55/91 s8.
(3) Repealed. 2 Aug 91 SR 55/91 s8.
(4) Any council may, by bylaw, authorize the G.I.C., on any terms and conditions
that the council may determine and that are not inconsistent with the Act or these
regulations, to act on its behalf pursuant to this section.
20 Dec 85 cS-26 Reg 2 s11; 2 Aug 91 SR 55/91 s8.
Other annual reports
12 Each council shall prepare and submit to the superintendent an annual report
containing a list of the current members and officers of the council, a summary of
the council's activities and any other information that the superintendent may
require.
20 Dec 85 cS-26 Reg 2 s12.
Contracts
13 Each council may enter contracts with any person for any purpose related to
the exercise of its powers and duties pursuant to these regulations.
20 Dec 85 cS-26 Reg 2 s13.
Consumer protection
14 Each council may engage in programs of consumer protection designed to
inform consumers about insurance services.
20 Dec 85 cS-26 Reg 2 s14.
Recommendations to government
15 Each council may make recommendations to the government regarding
changes to legislation and regulations affecting the insurance industry.
20 Dec 85 cS-26 Reg 2 s15.
Inspection by superintendent
16 Every council shall at all reasonable times allow the superintendent free and
full access to the records, documents, books, papers, correspondence and any other
information held by the council that relates to the exercise of powers, functions and
responsibilities delegated to the council or prescribed by these regulations, and
shall permit the superintendent to take possession of such materials and to retain
them for any period that he considers necessary.
20 Dec 85 cS-26 Reg 2 s16.
GENERAL INSURANCE COUNCIL
Delegation by the superintendent
17(1) The G.I.C. may accept and exercise, and the superintendent is hereby
authorized to delegate on any terms and conditions that he may consider
necessary, the following powers, functions and responsibilities of the superintendent:
(a) subject to sections 421 and 449 of the Act, to prescribe and receive
licensing application forms pursuant to sections 420 and 448 of the Act;
(b) subject to subsection 18(1) and section 19, to grant or refuse licences
pursuant to sections 425 and 452 of the Act;
(c) subject to subsection 18(2) and section 19, to attach limitations and
conditions to a licence pursuant to sections 429 and 455 of the Act;
(d) subject to subsection 18(2) and section 19, to suspend or cancel a licence
pursuant to sections 439 and 459 of the Act;
(e) subject to subsection (5) and section 22, to keep a record of all licences it
issues pursuant to the Act and to keep that record open for inspection by any
person as required pursuant to section 8 of the Act;
(f) to provide an applicant with written notice of the decision made with
regard to his application and to provide the applicant or any person interested
with a certified copy of the decision pursuant to subsections 12(1) and (2) of
the Act;
(g) to receive, as part of any application, application approvals, notices or
certificates regarding the initiation or termination of a relationship between
an agent and insurer or general agent, agent and salesperson or adjuster and
representative of an adjuster that are required to be given to the superintendent
pursuant to sections 423, 424, 432, 435, 451 and 457 of the Act;
(h) to require that applicants for licences as agents or salespersons, or
persons acting on their behalf, verify by affidavit the statements made in the
application as required pursuant to subsection 420(2) of the Act;
(i) to require verification by affidavit of applications for adjusters'
licences and to waive compliance with the affidavit requirement pursuant
to subsection 448(2) of the Act;
(j) to require that further information or material be submitted within a
specified time by an applicant or licensee and to require verification by
affidavit or otherwise of any information or material then or previously
submitted pursuant to sections 427 and 454 of the Act;
(k) to endorse non-resident licences and issue licences to transportation
companies pursuant to sections 437 and 438 of the Act;
(l) to reinstate the licence of an agent, salesperson or representative of an
adjuster in accordance with the requirements of sections 433, 436 and 458 of
the Act;
(m) to exercise in specific circumstances any power of investigation vested in
the superintendent by the Act on the written order of the superintendent.
(1.1) The Life Insurance Council may accept and exercise, and the
superintendent is authorized to delegate on any terms and conditions that the
superintendent may consider necessary, the powers, functions and
responsibilities of the superintendent mentioned in subsection (1) but only
with respect to licences described in clause 426(a) or (b) of the Act.
(1.2) The Hail Insurance Council may accept and exercise, and the
superintendent is authorized to delegate on any terms and conditions that the
superintendent may consider necessary, the powers, functions and
responsibilities of the superintendent mentioned in subsection (1) but only
with respect to licences described in clause 426(c) and 453(a) of the Act.
(2) Notwithstanding the delegation of any of his powers, functions and
responsibilities to a council, the superintendent may:
(a) direct the council to grant, refuse, suspend, cancel, make conditional or
reinstate any licence, and the council shall grant, refuse, suspend, cancel or
make conditional the licence, as the case may be, when so directed by the
superintendent; and
(b) grant, refuse, suspend, cancel, make conditional or reinstate any licence,
whether or not the council has taken any such action, by exercising the
powers vested in him by the Act.
(3) The superintendent may, by notice in writing to a council, revoke any powers,
functions or responsibilities delegated to the council pursuant to subsection (1),
and the council shall immediately:
(a) cease to exercise those powers, functions or duties, as the case may be;
and
(b) forward to the superintendent all documents, records and monies in the
possession of the council connected with the revoked powers, functions or
duties, as the case may be.
(4) Every council shall appoint an administrator to exercise the functions, powers
and duties delegated to it or conferred upon it by these regulations.
(5) Clause (1)(e) does not affect the superintendent's powers with respect to
insurers.
20 Dec 85 cS-26 Reg 2 s17; 2 Aug 91 SR 55/91 s9;
14 Dec 2001 SR 88/2001 s2.
Exercise of powers regarding licences
18(1) In exercising powers pursuant to sections 425 and 452 of the Act to grant or
refuse licences, every council shall:
(a) grant or refuse licences only in accordance with its bylaws;
(b) record how each applicant satisfied or failed to satisfy the requirements
determined pursuant to clause (a);
(c) where the applicant satisfies the requirements determined pursuant to
clause (a), issue a licence containing:
(i) the name of the licensee;
(ii) the category of licence;
(iii) the name of the insurer or general agent approving the application
for a licence as an agent as required by subsection 423(1) of the Act;
(iv) the name of the agent who is to be the principal for the person
applying for a salesperson's licence as required by section 424 of the Act;
(v) the name of the adjuster who is to be the principal for a person
applying for a licence as a representative of an insurer as required by
section 451 of the Act;
(vi) a statement outlining for whom the licensee may act pursuant to
sections 431, 434 and 457 of the Act;
(vii) notice of any terms or conditions attached to the licence; and
(viii) Repealed. 28 Apr 2000 SR 27/2000 s2.
(d) where the applicant fails to satisfy the requirements determined
pursuant to clause (a), refuse to issue the licence and advise the applicant in
writing that the licence is refused.
(2) In exercising powers pursuant to sections 429, 455, 439 and 459 of the Act,
every council shall suspend, cancel or make conditional a licence only in accordance
with its bylaws.
(3) For the purposes of sections 430 and 456 of the Act:
(a) a licence issued by a council on or after May 1, 2000 continues in force
indefinitely unless it is suspended or cancelled pursuant to the Act; and
(b) a licence issued by a council before May 1, 2000 that has not been
suspended or cancelled pursuant to the Act continues in force indefinitely
unless it is suspended or cancelled pursuant to the Act.
20 Dec 85 cS-26 Reg 2 s18; 2 Aug 91 SR 55/91 s10;
28 Apr 2000 SR 27/2000 s2.
Procedure for refusal, suspension, cancellation or conditions
19(1) Before exercising its power to refuse, suspend, cancel or make conditional a
licence, every council shall:
(a) notify the applicant or licensee that the council is about to take the
action;
(b) provide the applicant or licensee with reasons why the action is being
taken; and
(c) give the applicant or licensee an opportunity to provide the council with
further particulars as to why the action should not be taken.
(2) Immediately on exercising its powers to refuse, suspend, cancel or make
conditional a licence, every council shall:
(a) notify the superintendent of the action taken and the reasons for it;
(b) inform the applicant or licensee:
(i) of his rights with respect to re-application, re-examination, removal
of terms and conditions or re-instatement; and
(ii) of his right pursuant to subsection 466.1(8) of the Act to have the
superintendent review the matter; and
(c) adjust the register to reflect the action taken and the reasons for the
action.
20 Dec 85 cS-26 Reg 2 s19; 2 Aug 91 SR 55/91 s11.
Issues not covered in Act, regulations or bylaws
20 Every council shall refer to the superintendent for decision any issue that
comes before it that is not clearly addressed in the Act, these regulations or the
bylaws of the council.
20 Dec 85 cS-26 Reg 2 s20; 2 Aug 91 SR 55/91 s12.
Reference to superintendent
21 Any council may at any time refer an issue to the superintendent for directions
or for a decision.
20 Dec 85 cS-26 Reg 2 s21; 2 Aug 91 SR 55/91 s13.
Records
22(1) Every council shall include in the records required by subsection 8(1) of the
Act:
(a) a register containing:
(i) the name, address for service and category of licence of each
licensee;
(ii) the name and address for service of the sponsoring agent, insurer or
adjuster where such sponsorship is a requirement of licensing; and
(iii) information regarding any terms and conditions attached to a
licence;
(b) all applications of any kind received pursuant to the Act and these
regulations;
(c) all documents related to an applicant's satisfying or not satisfying the
requirements of the Act, regulations or bylaws; and
(d) all documents related to complaints received pursuant to section 11.
(2) Every council shall include in its records any information that the
superintendent may require.
(3) Persons whose licences have expired or have been cancelled or suspended are
to be struck from the register and the date that such action was taken is to be
recorded in the register.
20 Dec 85 cS-26 Reg 2 s22; 2 Aug 91 SR 55/91 s14.
Fees
23(1) Any council may, by bylaw, establish and provide for the collection of fees
that are payable to that council by applicants and licensees in connection with
licensing and any other service provided by that council.
(1.1) Any council may, by bylaw, establish and provide for the collection of a
special fee that is payable to that council by applicants and licensees for the
purpose of meeting the financial obligations of that council.
(2) As soon as possible after its approval by the superintendent, the council shall
publish in the Gazette:
(a) every licensing fee or other fee associated with licensing established
pursuant to subsection (1); and
(b) every special fee established pursuant to subsection (1.1).
(3) Every council shall use a method approved by the superintendent of
calculating and accounting for fees collected pursuant to this section.
20 Dec 85 cS-26 Reg 2 s23; 2 Aug 91 SR 55/91 s15;
1 May 98 SR 35/98 s5.
Payments
24 The G.I.C. shall, on the direction of the superintendent, reimburse other
councils and their employees, members, officers and agents for any expenses that
they incur in the exercise of powers, functions and responsibilities vested in them
pursuant to the Act and these regulations.
20 Dec 85 cS-26 Reg 2 s24.
Examinations
25 Every council shall administer all examinations that the bylaws of that
council require to be written by applicants and licensees.
2 Aug 91 SR 55/91 s16.
G.I.C. Annual report
26 Every council shall, according to requirements established by the
superintendent, prepare and submit to the superintendent an annual report:
(a) containing a financial statement summarizing the income and
expenditures of the council;
(b) stating the number of persons registered in each licence category;
(c) stating the number of persons in each licence category:
(i) who were refused registration; and
(ii) whose licences were suspended, cancelled or made conditional;
and the reasons for the action taken;
(d) containing a list of current members and officers of the council; and
(e) containing any other information which the superintendent may require.
20 Dec 85 cS-26 Reg 2 s26; 2 Aug 91 SR 55/91 s17.
Proof
27 Any certificate which a council is empowered or directed to issue by these
regulations stating that a person is licensed or not licensed or that a licence has
been made conditional, suspended or cancelled is prima facie proof of the facts
stated in the certificate without proof of the signature of the person purporting to
have signed the certificate.
20 Dec 85 cS-26 Reg 2 s27; 2 Aug 91 SR 55/91 s18.
REGINA, SASKATCHEWAN
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