PART XIV AGENTS, BROKERS AND ADJUSTERS
Chief Executive Officer’s proposal to refuse application, etc.
407.1 (1) This section applies if the Chief Executive Officer proposes to do any of the following things: 1.  Refuse to issue a licence under this Part. 2.  Issue a licence and, without the applicant’s consent, impose conditions. 3.  Amend a licence without the licensee’s consent. 4.  Refuse to renew a licence. 5.  Renew a licence and, without the applicant’s consent, amend the conditions to which the licence is subject. 6.  Revoke a licence without the licensee’s consent. 7.  Suspend a licence without the licensee’s consent, except by an interim order authorized under this Part. 8.  Refuse to allow the surrender of a licence. 9.  Allow the surrender of a licence and, without the licensee’s consent, impose conditions relating to the surrender. 2014, c. 9, Sched. 3, s. 20; 2018, c. 8, Sched. 13, s. 22. Notice of proposal (2) The Chief Executive Officer shall give written notice of the proposal to the applicant or licensee, including the reasons for the proposal; the Chief Executive Officer shall also inform the applicant or licensee that he, she or it can request a hearing by the Tribunal about the proposal and shall advise the applicant or licensee about the process for requesting a hearing. 2014, c. 9, Sched. 3, s. 20; 2018, c. 8, Sched. 13, s. 22. Hearing requested (3) If the applicant or licensee requests a hearing in writing within 15 days after the notice under subsection (2) is given, the Tribunal shall hold a hearing. 2014, c. 9, Sched. 3, s. 20. Order (4) The Tribunal may, by order, direct the Chief Executive Officer to carry out the proposal, with or without changes, or substitute its opinion for that of the Chief Executive Officer, and the Tribunal may impose such conditions as it considers appropriate in the circumstances. 2014, c. 9, Sched. 3, s. 20; 2018, c. 8, Sched. 13, s. 22. Appeal (5) A party to a hearing held by the Tribunal may appeal the order of the Tribunal to the Divisional Court. 2014, c. 9, Sched. 3, s. 20. Effect of appeal (6) An order of the Tribunal takes effect immediately, but if the order is appealed, the Tribunal may grant a stay of the order until the appeal is finally determined. 2014, c. 9, Sched. 3, s. 20. Hearing not requested (7) If the applicant or licensee does not request a hearing, or does not make the request in accordance with subsection (3), the Chief Executive Officer may carry out the proposal. 2014, c. 9, Sched. 3, s. 20; 2018, c. 8, Sched. 13, s. 22. Continued jurisdiction of Chief Executive Officer, Tribunal (8) If, after the Chief Executive Officer gives notice under subsection (2), (a)  an applicant withdraws the application to which the proposal relates; or (b)  the licence to which the proposal relates is suspended or expires, the Chief Executive Officer and the Tribunal retain continuing jurisdiction with respect to the proposal and may take any step and make any order that they could have made relating to the proposal, as if the application had not been withdrawn or as if the licence had not been suspended or had not expired, and the parties may appeal any order of the Tribunal. 2014, c. 9, Sched. 3, s. 20; 2018, c. 8, Sched. 13, s. 22. Same (9) The continuing jurisdiction of the Chief Executive Officer and the Tribunal under subsection (8) is terminated when the rights of the parties have been exhausted or have expired and when all proceedings relating to the proposal have concluded. 2014, c. 9, Sched. 3, s. 20; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 2012, c. 8, Sched. 23, art. 74 - 01/01/2013 2014, c. 9, Sched. 3, s. 20 - 01/01/2015 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 407.2 Repealed: 2019, c. 14, Sched. 9, s. 20. Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 3, s. 20 - 01/01/2015 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 2019, c. 14, Sched. 9, s. 20 - 10/12/2019 PART XV   RATES AND RATING BUREAUS