PART XVIII UNFAIR OR DECEPTIVE ACTS OR PRACTICES
Chief Executive Officer’s report
441 (1) Upon examination or investigation, or upon any other evidence, the Chief Executive Officer shall make a report if he or she is of the opinion that a person has committed or is committing any act, or has pursued or is pursuing any course of conduct, that is an unfair or deceptive act or practice or might reasonably be expected to result in a state of affairs that would constitute an unfair or deceptive act or practice. 1997, c. 28, s. 144; 2018, c. 8, Sched. 13, s. 22. Notice (2) The Chief Executive Officer may give notice in writing, which shall include a copy of the report made under subsection (1), to the person that the Chief Executive Officer intends to order the person, (a)  to cease or refrain from doing any act or pursuing any course of conduct identified by the Chief Executive Officer; (b)  to cease engaging in the business of insurance or any aspect of the business of insurance specified by the Chief Executive Officer; or (c)  to perform the acts that, in the opinion of the Chief Executive Officer, are necessary to remedy the situation. 1997, c. 28, s. 144; 2018, c. 8, Sched. 13, s. 22. Request for hearing (3) Within 15 days after receiving the notice, a person may request in writing that the Tribunal hold a hearing before the Chief Executive Officer takes any action described in the notice. 1997, c. 28, s. 144; 2018, c. 8, Sched. 13, s. 22. Interim order (4) Despite subsection (3), if the Chief Executive Officer is of the opinion that the interests of the public may be prejudiced or adversely affected by any delay in the issuance of a permanent order, the Chief Executive Officer, without prior notice, may make an interim order as described in subsection (2) which shall take effect immediately on its making, and which shall become permanent on the 15th day after its making unless within that time the person requests a hearing before the Tribunal. 1997, c. 28, s. 144; 2018, c. 8, Sched. 13, s. 22. Hearing (5) If, within the time period allowed, the person requests a hearing, the Tribunal shall hold a hearing. 1997, c. 28, s. 144. Extension of order (6) If, within the time period allowed, the person requests a hearing and the Chief Executive Officer has made an interim order under subsection (4), the Chief Executive Officer may extend the interim order until the hearing is concluded and the order is confirmed, varied or revoked. 1997, c. 28, s. 144; 2018, c. 8, Sched. 13, s. 22. No request for hearing (7) If the person does not request a hearing within the time period allowed, the Chief Executive Officer may make an order in accordance with the notice given under subsection (2) which shall take effect on the date set out in the order. 1997, c. 28, s. 144; 2018, c. 8, Sched. 13, s. 22. Hearing (8) At a hearing, if the Tribunal is of the opinion that an order described in subsection (2) should be made, the Tribunal may make an order which shall take effect on the date set out in the order. 1997, c. 28, s. 144. Modification (9) The Chief Executive Officer may modify any order made under this section after giving the person named in the order an opportunity to make written submissions. 1997, c. 28, s. 144; 2018, c. 8, Sched. 13, s. 22. Appeal (10) The person named in an order modified by the Chief Executive Officer may appeal the order to the Tribunal. 1997, c. 28, s. 144; 2018, c. 8, Sched. 13, s. 22. Revocation (11) The Chief Executive Officer may revoke any order made under this section. 1997, c. 28, s. 144; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 144 - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 part xviii.1   administrative penalties