hordruma/ontario_laws_and_regs huggingface dataset:
PART XIX EXAMINATION AND ENFORCEMENT
To insurers, etc.
442.1 (1) The Chief Executive Officer or a person designated by the Chief Executive Officer may direct an inquiry to any of the following persons about contracts, settlements or adjustments under contracts, the financial affairs of an insurer, the acts and practices of an insurer, agent or adjuster or such other matters as may be specified by the Chief Executive Officer: 1.  An insurer who holds or held a licence under this Act. 2.  An insurer who, in the opinion of the Chief Executive Officer, is or was required to hold a licence under this Act. 3.  The chief agent of an insurer described in paragraph 1 or 2 that has its head office outside Ontario. 4.  An agent or adjuster who holds or held a licence under this Act. 5.  An agent or adjuster who, in the opinion of the Chief Executive Officer, is or was required to hold a licence under this Act. 6.  A broker who is or was a registered insurance broker under the Registered Insurance Brokers Act. 2013, c. 2, Sched. 8, s. 31; 2018, c. 8, Sched. 13, s. 22. To other licensees, etc. (2) The Chief Executive Officer or a person designated by the Chief Executive Officer may direct an inquiry to any person who holds or held a service provider’s licence under Part VI (Automobile Insurance) about matters relevant to the purposes of Part VI or Part XVIII (Unfair or Deceptive Acts or Practices). 2013, c. 2, Sched. 8, s. 31; 2018, c. 8, Sched. 13, s. 22. Re unfair or deceptive acts or practices (3) The Chief Executive Officer or a person designated by the Chief Executive Officer may direct an inquiry to any other person who, in the opinion of the Chief Executive Officer, may have committed an unfair or deceptive act or practice.  The inquiry may be about matters relevant to the purposes of Part XVIII (Unfair or Deceptive Acts or Practices). 2013, c. 2, Sched. 8, s. 31; 2018, c. 8, Sched. 13, s. 22. To other prescribed persons (4) The Chief Executive Officer or a person designated by the Chief Executive Officer may direct an inquiry to any other prescribed person, in such circumstances as may be prescribed, about the prescribed matters. 2013, c. 2, Sched. 8, s. 31; 2018, c. 8, Sched. 13, s. 22. Duty re inquiry (5) A person to whom an inquiry is directed shall answer promptly, explicitly and completely and shall do so in the manner and within the period specified by the Chief Executive Officer or the designate. 2013, c. 2, Sched. 8, s. 31; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 8, s. 31 - 16/08/2013 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 Right of access to books, records, etc.
PART XIX EXAMINATION AND ENFORCEMENT
Of insurers, etc.
442.2 (1) The Chief Executive Officer or a person designated by the Chief Executive Officer may at any reasonable time examine the books, records, information, money, valuables and things of an insurer, agent, adjuster or broker that are related to the business of an insurer, agent, adjuster or broker. 2013, c. 2, Sched. 8, s. 32; 2018, c. 8, Sched. 13, s. 22. Of other licensees, etc. (2) The Chief Executive Officer or a person designated by the Chief Executive Officer may at any reasonable time examine the books, records, information, money, valuables and things of a person who holds or held a service provider’s licence under Part VI (Automobile Insurance) about matters relevant to the purposes of Part VI or Part XVIII (Unfair or Deceptive Acts or Practices). 2013, c. 2, Sched. 8, s. 32; 2018, c. 8, Sched. 13, s. 22. Interpretation (3) For greater certainty, the Chief Executive Officer or designate may examine any data storage, processing or retrieval device or system that is used in connection with the business or activities of the insurer, agent, adjuster, broker or person and may use it to produce information. 2013, c. 2, Sched. 8, s. 32; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 8, s. 32 - 16/08/2013 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART XIX EXAMINATION AND ENFORCEMENT
Duty to provide information
442.3 (1) Upon the request of the Chief Executive Officer or a person designated by the Chief Executive Officer, a person to whom an inquiry may be directed under section 442.1 shall give the Chief Executive Officer or designate full information, and shall provide records, about the following matters: 1.  A contract issued by an insurer. 2.  A settlement or adjustment under a contract. 3.  Activities related to the business of insurance. 4.  Activities related to the business of a person who holds or held a licence under this Act. 5.  Activities related to the business of any other person who, in the opinion of the Chief Executive Officer, is or was required to hold a licence under this Act. 6.  Such other matters as may be prescribed. 7.  Such other matters as may be specified by the Chief Executive Officer or the designate. 2013, c. 2, Sched. 8, s. 33; 2018, c. 8, Sched. 13, s. 22. Same, insured persons (2) Upon the request of the Chief Executive Officer or a person designated by the Chief Executive Officer, an insured person shall give the Chief Executive Officer or designate full information about the following matters: 1.  A contract issued to the insured person. 2.  A settlement or adjustment under a contract, if the settlement or adjustment relates to the insured person. 3.  The acts or practices of a person who holds or held a licence under this Act that are relevant to the purposes of this Act. 4.  The acts or practices of any other person who, in the opinion of the Chief Executive Officer, is or was required to hold a licence under this Act that are relevant to the purposes of this Act. 5.  The acts or practices of a person who, in the opinion of the Chief Executive Officer, may have committed an unfair or deceptive act or practice. 6.  Such other matters as may be prescribed. 2013, c. 2, Sched. 8, s. 33; 2018, c. 8, Sched. 13, s. 22. Performance of duty (3) A person to whom a request is directed under this section shall answer promptly, explicitly and completely and shall do so in the manner and within the period specified by the Chief Executive Officer or the designate. 2013, c. 2, Sched. 8, s. 33; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 8, s. 33 - 16/08/2013 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART XIX EXAMINATION AND ENFORCEMENT
Annual, etc., examination of insurers
442.4 (1) Once each year or more frequently as the Chief Executive Officer may consider appropriate for all insurers or for a particular insurer, the Chief Executive Officer or a person appointed by the Chief Executive Officer, (a)  shall examine an insurer’s statement made under section 102; (b)  may make such inquiries as are necessary to ascertain the insurer’s condition and ability to meet its obligations as and when they become due; and (c)  may make such inquiries as are necessary to ascertain whether the insurer has complied with the requirements of this Act, the regulations and the Authority rules applicable to its transactions. 2013, c. 2, Sched. 8, s. 34; 2018, c. 8, Sched. 13, s. 22; 2021, c. 8, Sched. 5, s. 9. Exception (2) Subsection (1) does not apply so as to require an examination of an insurer in respect of which the Chief Executive Officer adopts an examination by another government. 2013, c. 2, Sched. 8, s. 34; 2018, c. 8, Sched. 13, s. 22. Preparation of abstracts, valuation (3) The Chief Executive Officer may cause abstracts to be prepared of the books and vouchers and a valuation to be made of the assets and liabilities of an insurer and the insurer shall pay the Minister of Finance for the cost of the preparation of the abstracts or the valuation upon receiving a certificate of the Chief Executive Officer stating the amount payable. 2013, c. 2, Sched. 8, s. 34; 2018, c. 8, Sched. 13, s. 22. Expenses of examination (4) Where the office of an insurer at which an examination is made under this section is outside Ontario, the insurer shall pay the Minister of Finance for the cost of the examination upon receiving a certificate of the Chief Executive Officer stating the amount payable. 2013, c. 2, Sched. 8, s. 34; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 8, s. 34 - 16/08/2013 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 2021, c. 8, Sched. 5, s. 9 - 01/04/2022
PART XIX EXAMINATION AND ENFORCEMENT
Examinations, general
443 (1) It is a condition of the licensing of a person that the person facilitate examinations. R.S.O. 1990, c. I.8, s. 443 (1). Material to be furnished (2) For the purpose of an examination of any of the following persons, the person shall prepare and submit to the person conducting the examination such statements or returns with respect to the person’s business, finances or other affairs (in addition to the statements or returns mentioned in this Act) as the Chief Executive Officer may require, and shall do so in the manner and within the period specified by the Chief Executive Officer or by the person conducting the examination: 1.  A person who holds or held a licence under this Act. 2.  Any other person who, in the opinion of the Chief Executive Officer, is or was required to hold a licence under this Act. 2013, c. 2, Sched. 8, s. 35; 2018, c. 8, Sched. 13, s. 22. Duty of officers, etc. (3) The officers, agents and employees of a person described in subsection (2) shall facilitate an examination under this Act so far as it is in their power.  For greater certainty, this includes opening the books for inspection, providing records, providing access to information, using any data storage, processing or retrieval device or system that is used in connection with the business or activities of the person described in subsection (2), providing assistance and answering questions about anything that may be relevant to the examination. 2013, c. 2, Sched. 8, s. 35. Same (3.1) An officer, agent or employee shall perform the duties described in subsection (3) in the manner and within the period specified by the Chief Executive Officer. 2013, c. 2, Sched. 8, s. 35; 2018, c. 8, Sched. 13, s. 22. Production of books, etc. (4) In order to facilitate an examination of the books and records of a person described in subsection (2), the Chief Executive Officer or a person designated by the Chief Executive Officer may require the person to do the following things at the person’s principal place of business in Ontario or at such other convenient place as the Chief Executive Officer may direct: 1.  To produce the books and records. 2.  To provide access to information. 3.  To use devices and systems that relate to the storage, processing or retrieval of data. 4.  To provide assistance and to answer questions about anything that may be relevant to the examination. 2013, c. 2, Sched. 8, s. 35; 2018, c. 8, Sched. 13, s. 22. Expense of further examination (5) On the direction of the Chief Executive Officer or a person designated by the Chief Executive Officer, if an examination of an insurer is made at an office situate outside Ontario, the insurer shall pay the costs and expenses of the examination.  R.S.O. 1990, c. I.8, s. 443 (5); 1997, c. 28, s. 145; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 145 - 01/07/1998 2013, c. 2, Sched. 8, s. 35 - 16/08/2013 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART XIX EXAMINATION AND ENFORCEMENT
Power to summon persons, etc.
444.1 (1) The Chief Executive Officer may issue a summons where he or she believes that, (a)  it is necessary in order to determine whether a person is complying with this Act or a requirement imposed under this Act; and (b)  it is, in the circumstances, in the public interest. 2013, c. 2, Sched. 8, s. 37; 2018, c. 8, Sched. 13, s. 22. Same (2) A summons issued under subsection (1) may require a person to produce such records, information and things as are specified by the Chief Executive Officer and to give such information on oath as the Chief Executive Officer considers relevant to determining whether a person is complying with this Act or a requirement imposed under this Act. 2013, c. 2, Sched. 8, s. 37; 2018, c. 8, Sched. 13, s. 22. Identification (3) Upon request, the Chief Executive Officer shall produce evidence of his or her office. 2013, c. 2, Sched. 8, s. 37; 2018, c. 8, Sched. 13, s. 22. Administering oath (4) The Chief Executive Officer or a person designated by him or her may administer an oath required under this section. 2013, c. 2, Sched. 8, s. 37; 2018, c. 8, Sched. 13, s. 22. Right to counsel (5) A person may be represented by counsel when giving information on oath and may claim any privilege to which the person is entitled. 2013, c. 2, Sched. 8, s. 37. Stated case (6) If the person does not comply with the summons, the Chief Executive Officer may state a case to the Divisional Court setting out the facts and, after hearing any witnesses who may be produced against or on behalf of that person and after hearing any statement that may be offered in defence, the court may punish the person in the same manner as if the person had been guilty of contempt of the court. 2013, c. 2, Sched. 8, s. 37; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 8, s. 37 - 16/08/2013 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 Reports
PART XIX EXAMINATION AND ENFORCEMENT
Auditor
445 (1) An auditor shall promptly report to the insurer and to the Chief Executive Officer any breach of this Act or of a requirement established under this Act of which the auditor is aware or is made aware under subsection (2) and, if the insurer does not act to rectify the breach within thirty days, the auditor shall promptly report the failure to rectify to the Chief Executive Officer. R.S.O. 1990, c. I.8, s. 445 (1); 2018, c. 8, Sched. 13, s. 22; 2021, c. 8, Sched. 5, s. 10 (1). Others (2) Any person undertaking professional services for an insurer who, in providing the professional services, becomes aware of a breach of this Act or of a requirement established under this Act shall promptly report the breach to the insurer and the auditor of the insurer or, if there is no auditor, to the Chief Executive Officer. R.S.O. 1990, c. I.8, s. 445 (2); 2018, c. 8, Sched. 13, s. 22; 2021, c. 8, Sched. 5, s. 10 (1). Solicitor-client privilege (3) Nothing in this section abrogates any privilege that may exist between a solicitor and the solicitor’s client. R.S.O. 1990, c. I.8, s. 445 (3). Definition (4) In this section, “requirement established under this Act” means, (a)  a requirement imposed by a provision of this Act, a regulation or an Authority rule; (b)  a requirement of an order or direction made under this Act; (c)  a written undertaking given to the Tribunal or the Chief Executive Officer; or (d)  a term, condition or restriction imposed by a licence. 2021, c. 8, Sched. 5, s. 10 (2). Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 2021, c. 8, Sched. 5, s. 10 (1, 2) - 01/04/2022
PART XIX EXAMINATION AND ENFORCEMENT
No liability
446 A person who in good faith makes an oral or written statement or disclosure to the Tribunal, the Chief Executive Officer, an employee of the Authority or any other person acting under the authority of this Act that is relevant to the duties of the person to whom the statement or disclosure is made shall not be liable in any civil action arising out of the making of the statement or disclosure.  R.S.O. 1990, c. I.8, s. 446; 1997, c. 28, s. 146; 2018, c. 8, Sched. 13, s. 22, 24. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 146 - 01/07/1998 2018, c. 8, Sched. 13, s. 22, 24 - 08/06/2019
PART XIX EXAMINATION AND ENFORCEMENT
Prohibition re obstruction
446.1 (1) No person or entity shall hinder or obstruct the Chief Executive Officer or a person designated by the Chief Executive Officer in the performance of his or her duties under this Act. 2013, c. 2, Sched. 8, s. 38; 2018, c. 8, Sched. 13, s. 22. Same (2) No person or entity shall withhold from the Chief Executive Officer or a person designated by the Chief Executive Officer or conceal, alter or destroy anything relevant to an examination. 2013, c. 2, Sched. 8, s. 38; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 2013, c. 2, Sched. 8, s. 38 - 16/08/2013 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART XIX EXAMINATION AND ENFORCEMENT
Order for compliance
448 (1) If it appears to the Chief Executive Officer that any person has failed to comply with or is not complying with, (a)  any provision of this Act, the regulations or the Authority rules; (a.1)  any order, decision, direction or inquiry made under this Act; (b)  any undertaking given; or (c)  any term, condition or restriction imposed on its licence, where applicable, the Chief Executive Officer may, in addition to any other rights under this Act, apply to a judge of the Superior Court of Justice for an order directing the person to comply with or restraining the person from violating the provision, order, decision, direction, inquiry, undertaking, term, condition or restriction, and the judge may make such order as the judge considers appropriate.  R.S.O. 1990, c. I.8, s. 448 (1); 1993, c. 10, s. 51; 2006, c. 19, Sched. C, s. 1 (1); 2018, c. 8, Sched. 13, s. 22; 2021, c. 8, Sched. 5, s. 12. (1.1) Repealed: 2019, c. 14, Sched. 9, s. 20. Appeal (2) An appeal lies to the Divisional Court from an order made under subsection (1).  R.S.O. 1990, c. I.8, s. 448 (2). Section Amendments with date in force (d/m/y) 1993, c. 10, s. 51 - 01/01/1994; 1994, c. 11, s. 348 - 01/02/1995 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006 2014, c. 9, Sched. 3, s. 21 - 01/01/2015 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 2019, c. 14, Sched. 9, s. 20 - 10/12/2019 2021, c. 8, Sched. 5, s. 12 - 01/04/2022
PART XIX EXAMINATION AND ENFORCEMENT
Limitation period
449 No proceeding for an offence under this Act may be commenced more than two years after the date on which the facts upon which the proceedings are based first came to the knowledge of the Chief Executive Officer.  R.S.O. 1990, c. I.8, s. 449; 1997, c. 28, s. 147; 2014, c. 7, Sched. 14, s. 7; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 147 - 01/07/1998 2014, c. 7, Sched. 14, s. 7 - 24/07/2014 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 Schedule a Repealed:  1999, c. 12, Sched. I, s. 4 (63). Section Amendments with date in force (d/m/y) 1999, c. 12, Sched. I, s. 4 (63) - 22/12/1999 Schedule b Repealed:  1997,
c. 19, s. 10 (47). Section Amendments with date in force (d/m/y) 1997, c. 19, s. 10 (47) - 10/10/1997 ______________  Français