hordruma/ontario_laws_and_regs huggingface dataset:
PART XIV AGENTS, BROKERS AND ADJUSTERS
Notice by insurer
392.6 (1) An insurer shall forthwith give written notice to the Chief Executive Officer if the insurer has terminated the appointment of an agent to act on the insurer’s behalf, and the notice must indicate the reason for the termination. 2014, c. 9, Sched. 3, s. 15; 2018, c. 8, Sched. 13, s. 22. Suspension (2) The agent’s licence is suspended upon termination of his or her appointment by the insurer. 2014, c. 9, Sched. 3, s. 15. End of suspension (3) The suspension of the agent’s licence ends when an insurer notifies the Chief Executive Officer, on a form approved by the Chief Executive Officer, that the agent is appointed to act on its behalf and the applicable fee to amend the licence is paid. 2014, c. 9, Sched. 3, s. 15; 2018, c. 8, Sched. 13, s. 22. Offence (4) An insurer who fails to give the notice required by subsection (1) within 30 days after terminating the agent’s appointment is guilty of an offence. 2014, c. 9, Sched. 3, s. 15. Exceptions (5) This section does not apply in such circumstances as may be prescribed by regulation. 2014, c. 9, Sched. 3, s. 15. Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 3, s. 15 - 01/01/2015 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART XIV AGENTS, BROKERS AND ADJUSTERS
Surrender of agent’s licence
392.7 (1) An agent may apply to the Chief Executive Officer for permission to surrender the agent’s licence. 2014, c. 9, Sched. 3, s. 15; 2018, c. 8, Sched. 13, s. 22. Application (2) The applicant shall submit the application to the Chief Executive Officer in the manner required by the Chief Executive Officer and shall give the Chief Executive Officer such information, evidence and material as he or she may require and pay the applicable fee. 2014, c. 9, Sched. 3, s. 15; 2018, c. 8, Sched. 13, s. 22. Decision re: surrender (3) The Chief Executive Officer shall allow the applicant to surrender the licence unless the Chief Executive Officer believes, on reasonable grounds, that the surrender of the licence is not in the public interest having regard to such criteria as may be prescribed and such other factors as the Chief Executive Officer considers appropriate. 2014, c. 9, Sched. 3, s. 15; 2018, c. 8, Sched. 13, s. 22. Same (4) If the Chief Executive Officer allows the surrender of the licence, the Chief Executive Officer may impose conditions relating to the surrender. 2014, c. 9, Sched. 3, s. 15; 2018, c. 8, Sched. 13, s. 22. Proposal to refuse the application to surrender (5) If the Chief Executive Officer proposes to refuse to allow the surrender of the licence, the Chief Executive Officer shall take the steps required by section 407.1. 2014, c. 9, Sched. 3, s. 15; 2018, c. 8, Sched. 13, s. 22. Proposal to impose conditions (6) If the Chief Executive Officer proposes to allow the surrender of the licence and, without the applicant’s consent, to impose conditions relating to the surrender, the Chief Executive Officer shall take the steps required by section 407.1. 2014, c. 9, Sched. 3, s. 15; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 2014, c. 9, Sched. 3, s. 15 - 01/01/2015 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART XIV AGENTS, BROKERS AND ADJUSTERS
Agent or broker deemed to be insurer’s agent
394 (1) An agent or broker shall, for the purpose of receiving any premium for a contract of insurance, be deemed to be the agent of the insurer despite any conditions or stipulations to the contrary. Exception (2) This section does not apply to life insurance.  R.S.O. 1990, c. I.8, s. 394.
PART XIV AGENTS, BROKERS AND ADJUSTERS
Personal liability of agent for unlawful contracts
396 An agent or broker is personally liable to the insured on all contracts of insurance unlawfully made by or through the agent or broker directly or indirectly with any insurer not licensed to undertake insurance in Ontario in the same manner as if the agent or broker were the insurer.  R.S.O. 1990, c. I.8, s. 396. Licences of Insurance Adjusters
PART XIV AGENTS, BROKERS AND ADJUSTERS
Prohibition against public adjusters of motor accident claims
398 (1) Subject to subsections (2) and (3), no person shall, on the person’s own behalf or on behalf of another person, directly or indirectly, (a)  solicit the right to negotiate, or negotiate or attempt to negotiate, for compensation, the settlement of a claim for loss or damage arising out of a motor vehicle accident resulting from bodily injury to or death of any person or damage to property on behalf of a claimant; or (b)  hold himself, herself or itself out as an adjuster, investigator, consultant or otherwise as an adviser, on behalf of any person having a claim against an insured or an insurer for which indemnity is provided by a motor vehicle liability policy, including a claim for Statutory Accident Benefits.  R.S.O. 1990, c. I.8, s. 398 (1); 2002, c. 22, s. 130 (1, 2). Exception (2) This section does not apply to a barrister or solicitor acting in the usual course of the practice of law.  R.S.O. 1990, c. I.8, s. 398 (2). Non-application to prescribed persons (3) Subsection (1) does not apply to a prescribed person or class of persons who comply with prescribed terms and conditions.  2002, c. 22, s. 130 (3). Section Amendments with date in force (d/m/y) 2002, c. 22, s. 130 (1-3) - 01/11/2003 Partnership Licences of Agents and Adjusters
PART XIV AGENTS, BROKERS AND ADJUSTERS
Licences to partnerships
399 (1) A licence to act as an agent or an adjuster may be issued under section 392.4 or 397 to a partnership, except as otherwise provided in this section or in the regulations. 2014, c. 9, Sched. 3, s. 18 (1). Statement to be filed by each partner (2) The application for a licence shall include the name of each member of the partnership and shall include a request that the licence be issued in the name of the partnership, and the licence may be revoked or suspended as to one or more members of the partnership.  2012, c. 8, Sched. 23, s. 72; 2014, c. 9, Sched. 3, s. 18 (2). (2.1) Repealed: 2014, c. 9, Sched. 3, s. 18 (3). Termination of partnership (3) If the partnership is terminated before the expiration of the licence, the partners shall forthwith give notice to the Chief Executive Officer.  1994, c. 11, s. 340; 2018, c. 8, Sched. 13, s. 22; 2019, c. 14, Sched. 9, s. 16. Revocation (3.1) If notice is given under subsection (3), the partnership’s licence shall be revoked.  1994, c. 11, s. 340. Offence (4) A member of a partnership licensed under this section who contravenes any of its provisions is guilty of an offence.  R.S.O. 1990, c. I.8, s. 399 (4). Section Amendments with date in force (d/m/y) 1994, c. 11, s. 340 - 01/02/1995 2004, c. 31, Sched. 20, s. 10 - 16/12/2004 2012, c. 8, Sched. 23, s. 72 - 01/01/2013 2014, c. 9, Sched. 3, s. 18 - 01/01/2015 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 2019, c. 14, Sched. 9, s. 16 - 10/12/2019 Corporation Licences of Agents and Adjusters
PART XIV AGENTS, BROKERS AND ADJUSTERS
Acting as agent or adjuster without authority
401 A person who, not being duly licensed as an agent or adjuster, represents or holds himself, herself or itself out to the public as being such an agent or adjuster, or as being engaged in the insurance business by means of advertisements, cards, circulars, letterheads, signs, or other methods, or, being duly licensed as such agent or adjuster, advertises as aforesaid or carries on such business in any other name than that stated in the licence, is guilty of an offence.  R.S.O. 1990, c. I.8, s. 401. Money held in trust by agent
PART XIV AGENTS, BROKERS AND ADJUSTERS
Agent to be deemed to hold premium in trust for insurer
402 (1) An agent or broker who acts in negotiating, or renewing or continuing a contract of insurance, other than life insurance, with a licensed insurer, and who receives any money or substitute for money as a premium for such a contract from the insured, shall be deemed to hold such premium in trust for the insurer, and, if the agent or broker fails to pay the premium over to the insurer within fifteen days after written demand made upon the agent or broker therefor, less the commission of the agent or broker and any deductions to which, by the written consent of the company, the agent or broker is entitled, such failure is proof, in the absence of evidence to the contrary, that the agent or broker has used or applied the premium for a purpose other than paying it over to the insurer. Agent to be deemed to hold money in trust for payee under policy (2) An agent or broker who acts in negotiating or renewing or continuing a contract of insurance with a licensed insurer, and who receives any money or substitute for money for payment to a person in respect of the contract of insurance shall be deemed to hold such money in trust for the person entitled thereto, and, if the agent or broker fails to pay the money over to such person within fifteen days after written demand made upon the agent or broker therefor, less the commission of the agent or broker and any deductions to which the agent or broker is entitled, such failure is proof, in the absence of evidence to the contrary, that the agent or broker has used or applied the money for a purpose other than paying it over to the person entitled.  R.S.O. 1990, c. I.8, s. 402.
PART XIV AGENTS, BROKERS AND ADJUSTERS
No compensation to be paid by insurer not licensed
403 (1) No insurer, and no officer, employee or agent thereof, and no broker, shall directly or indirectly pay or allow, or agree to pay or allow, compensation or anything of value to any person for placing or negotiating insurance on lives, property or interests in Ontario, or negotiating the continuance or renewal thereof, or for attempting so to do, who, at the date thereof, is not an agent or broker and whoever contravenes this subsection is guilty of an offence.  R.S.O. 1990, c. I.8, s. 403 (1); 1994, c. 11, s. 342. (2) Repealed: 1999, c. 12, Sched. I, s. 4 (58). Exceptions (3) Nothing in this section affects any payment by way of dividend, bonus, profit or savings that is provided for by the policy, or shall be construed so as to prevent an insurer compensating a salaried employee of its head office or a branch office in respect of insurance issued by the employing insurer upon the life of such employee or upon the employee’s property or interests in Ontario or so as to require that such employee shall be licensed as an agent under this Act to affect such insurance.  R.S.O. 1990, c. I.8, s. 403 (3). Section Amendments with date in force (d/m/y) 1994, c. 11, s. 342 - 01/02/1995; 1999, c. 12, Sched. I, s. 4 (58) - 22/12/1999 404 Repealed:  1994, c. 11, s. 343. Section Amendments with date in force (d/m/y) 1994, c. 11, s. 343 - 01/02/1995 405 Repealed:  1994, c. 11, s. 343. Section Amendments with date in force (d/m/y) 1994, c. 11, s. 343 - 01/02/1995 406 Repealed:  1993, c. 10, s. 37. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 37 - 01/01/1994
PART XIV AGENTS, BROKERS AND ADJUSTERS
Limited or conditional licence
407 A licence may be issued to an agent or adjuster subject to such limitations and conditions as the Chief Executive Officer may prescribe.  R.S.O. 1990, c. I.8, s. 407; 1994, c. 11, s. 344; 2018, c. 8, Sched. 13, s. 22; 2019, c. 14, Sched. 9, s. 18. Section Amendments with date in force (d/m/y) 1994, c. 11, s. 344 - 01/02/1995 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 2019, c. 14, Sched. 9, s. 18 - 10/12/2019 Notice of Proposal by Chief Executive Officer
PART XV RATES AND RATING BUREAUS
Meaning of “rating bureau”, Part XV
408 In this Part, “rating bureau” means an association or body, incorporated or unincorporated, created or organized for the purpose of fixing or promulgating rates of premium payable upon contracts of insurance in Ontario, or the terms or conditions of such contracts, or for these and other purposes, or that assumes to fix or promulgate such rates, terms or conditions by agreement among the members thereof or otherwise.  R.S.O. 1990, c. I.8, s. 408. Duties of rating bureaus and insurers
PART XV RATES AND RATING BUREAUS
Filing of constitution, by-laws, etc.
409 (1) A rating bureau shall, forthwith after adoption, file in the office of the Chief Executive Officer duly certified copies of its constitution, articles of association and by-laws, and a list of its members and their addresses, and thereafter shall file in the office of the Chief Executive Officer every amendment, revision or consolidation of its constitution, articles of association and by-laws, and notice of the admission of new members and the withdrawal of former members, within thirty days after the passing or adoption of such amendment, revision or consolidation, or after the admission or withdrawal of such members. R.S.O. 1990, c. I.8, s. 409 (1); 2018, c. 8, Sched. 13, s. 22. Return of rates (2) A rating bureau and a licensed insurer shall make a return under oath to the Chief Executive Officer in such form and at such times as the Chief Executive Officer may require, showing every schedule of rates fixed, made or charged by them, together with such further or other information concerning such rates as the Chief Executive Officer may require. R.S.O. 1990, c. I.8, s. 409 (2); 2018, c. 8, Sched. 13, s. 22. Changes in rates (3) A rating bureau and a licensed insurer shall give to the Chief Executive Officer at least ten days notice of any change in the schedules of rates or rules applicable thereto filed with the Chief Executive Officer under subsection (2), and shall file with the Chief Executive Officer amended schedules duly verified under oath showing particulars of all such changes before their effective date. R.S.O. 1990, c. I.8, s. 409 (3); 2018, c. 8, Sched. 13, s. 22. Offence for deviation from filed rate (4) A rating bureau or licensed insurer that, having filed its schedules of rates under this section, fixes, makes or charges a rate or receives a premium that deviates from the schedules of rates fixed and filed with the Chief Executive Officer for, and the rules applicable to, any risk or class of risks is guilty of an offence. R.S.O. 1990, c. I.8, s. 409 (4); 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART XV RATES AND RATING BUREAUS
Approval of other applications, s. 410
412 (1) An application under section 410 to which section 411 does not apply shall be deemed to have been approved by the Chief Executive Officer 60 days after it is filed, unless the Chief Executive Officer within that 60-day period advises the applicant orally or otherwise that the Chief Executive Officer has not approved the application.  1996, c. 21, s. 45; 1997, c. 28, s. 126 (1); 2018, c. 8, Sched. 13, s. 22. Same (2) The Chief Executive Officer may approve the application before the expiry of the 60-day period.  1996, c. 21, s. 45; 2002, c. 22, s. 131; 2018, c. 8, Sched. 13, s. 22. Extension of time (3) The Chief Executive Officer may extend the period for approval for a period not exceeding 60 days.  1996, c. 21, s. 45; 1997, c. 28, s. 126 (1); 2018, c. 8, Sched. 13, s. 22. Notice of failure to approve (4) If the Chief Executive Officer notifies an applicant orally that he or she has not approved an application, the Chief Executive Officer shall promptly mail a written notice to the applicant confirming that fact.  1996, c. 21, s. 45; 1997, c. 28, s. 126 (1); 2018, c. 8, Sched. 13, s. 22. No approval (5) The Chief Executive Officer shall not approve the application if a hearing is required by the regulations or if the Chief Executive Officer considers that it is in the public interest for the Tribunal to hold a hearing on the application.  1997, c. 28, s. 126 (2); 2018, c. 8, Sched. 13, s. 22. Refusal to approve (6) The Chief Executive Officer shall refuse to approve an application under section 410 if he or she considers that, (a)  the proposed risk classification system or rates are not just and reasonable in the circumstances; (b)  the proposed risk classification system is not reasonably predictive of risk or does not distinguish fairly between risks; or (c)  the proposed rates would impair the solvency of the applicant or are excessive in relation to the financial circumstances of the insurer.  1997, c. 28, s. 126 (2); 2018, c. 8, Sched. 13, s. 22. Relevant information (7) In deciding on an application under section 410, the Chief Executive Officer may take into account financial and other information and any other matters that directly or indirectly affect the applicant’s proposed rates or the applicant’s ability to underwrite insurance using the proposed risk classification system.  1997, c. 28, s. 126 (2); 2018, c. 8, Sched. 13, s. 22. Note: On a day to be named by proclamation of the Lieutenant Governor, section 412 of the Act is repealed. (See: 2017, c. 34, Sched. 21, s. 32) Section Amendments with date in force (d/m/y) 1996, c. 21, s. 45 - 01/11/1996; 1997, c. 28, s. 126 (1, 2) - 01/07/1998 2002, c. 22, s. 131 - 01/10/2003 2017, c. 34, Sched. 21, s. 32 - not in force 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART XV RATES AND RATING BUREAUS
Hearing
412.1 (1) If the Chief Executive Officer notifies an applicant under section 412 that he or she has not approved the application, the applicant may, within 15 days after receiving the notification, appeal in writing the decision to the Tribunal. 1997, c. 28, s. 127; 2018, c. 8, Sched. 13, s. 22. Powers of Tribunal (2) If the applicant appeals the Chief Executive Officer’s decision within the time period allowed, the Tribunal shall hold a hearing, at which the Tribunal may approve or refuse to approve the application or may vary the risk classification system or the rates, and the approval may be subject to the conditions or restrictions that the Tribunal considers appropriate in the circumstances. 1997, c. 28, s. 127; 2018, c. 8, Sched. 13, s. 23. Additional information (3) The Tribunal may require the applicant to provide the information, material and evidence that the Tribunal considers necessary in addition to the information, material and evidence that the applicant is required to provide in or with the application. 1997, c. 28, s. 127. Criteria and relevant information (4) Subsections 412 (6) and (7) apply with necessary modifications to a hearing held by the Tribunal under this section. 1997, c. 28, s. 127. Note: On a day to be named by proclamation of the Lieutenant Governor, section 412.1 of the Act is repealed. (See: 2017, c. 34, Sched. 21, s. 32) Section Amendments with date in force (d/m/y) 1997, c. 28, s. 127 - 01/07/1998 2017, c. 34, Sched. 21, s. 32 - not in force 2018, c. 8, Sched. 13, s. 22, 23 - 08/06/2019
PART XV RATES AND RATING BUREAUS
Concurrent filing, applications under s. 410, 413 or 413.1
414 (1) The Chief Executive Officer may require that affiliated insurers who write automobile insurance in Ontario file their applications under section 410, 413 or 413.1 concurrently.  R.S.O. 1990, c. I.8, s. 414 (1); 1993, c. 10, s. 42 (1); 1996, c. 21, s. 47; 1997, c. 28, s. 130; 2018, c. 8, Sched. 13, s. 22. Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 414 (1) of the Act is amended by striking out “413 or 413.1”. (See: 2017, c. 34, Sched. 21, s. 33) Insurer’s application, consideration of affiliate’s systems and rates (2) The Chief Executive Officer may consider the risk classification systems and the rates of the affiliates of an insurer when deciding upon the insurer’s application.  R.S.O. 1990, c. I.8, s. 414 (2); 1993, c. 10, s. 42 (2); 1997, c. 28, s. 130; 2018, c. 8, Sched. 13, s. 22. New affiliates (2.1) If two or more insurers become affiliated, they shall notify the Chief Executive Officer within thirty days in the form approved by the Chief Executive Officer and the Chief Executive Officer may require the insurers to provide such additional information, material and evidence as the Chief Executive Officer considers necessary.  1993, c. 10, s. 42 (3); 1997, c. 28, s. 130; 2018, c. 8, Sched. 13, s. 22. Interpretation (3) For the purpose of this section, an insurer is considered to be affiliated with another insurer if one of them is the subsidiary of the other or both are subsidiaries of the same body corporate or each of them is controlled by the same person.  R.S.O. 1990, c. I.8, s. 414 (3). Section Amendments with date in force (d/m/y) 1993, c. 10, s. 42 (1-3) - 01/01/1994; 1996, c. 21, s. 47 - 01/11/1996; 1997, c. 28, s. 130 - 01/07/1998 2017, c. 34, Sched. 21, s. 33 - not in force 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART XV RATES AND RATING BUREAUS
Reconsideration, systems and rates
415 (1) Despite any approval or exemption under section 411, 412, 412.1 or 413, the Chief Executive Officer may notify the insurer at any time that he or she intends to make an order with respect to any risk classification system or rates for any coverage or category of automobile insurance of an insurer if the Chief Executive Officer is of the opinion that, (a)  the risk classification system or rates are not just and reasonable in the circumstances; (b)  the risk classification system is not reasonably predictive of risk or does not distinguish fairly between risks; or (c)  the rates would impair the solvency of the insurer or are excessive in relation to the financial circumstances of the insurer.  1993, c. 10, s. 43; 1996, c. 21, s. 48 (1); 1997, c. 28, s. 131 (1); 2018, c. 8, Sched. 13, s. 22. Request for hearing (1.1) The insurer may, within 15 days after receiving the notice in subsection (1), 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. 131 (2); 2018, c. 8, Sched. 13, s. 22. Hearing on request (1.2) If the insurer requests a hearing within the time period allowed, the Tribunal shall hold a hearing. 1997, c. 28, s. 131 (2). No request for hearing (1.3) If the insurer does not request a hearing within the time period allowed, the Chief Executive Officer may make the order described in the notice. 1997, c. 28, s. 131 (2); 2018, c. 8, Sched. 13, s. 22. Application under s. 410 (2) Instead of notifying the insurer under subsection (1), the Chief Executive Officer may require the insurer to make an application under section 410. 1997, c. 28, s. 131 (3); 2018, c. 8, Sched. 13, s. 22. Application of s. 411 (2.1) Section 411 does not apply to an application that the Chief Executive Officer requires under subsection (2). 1997, c. 28, s. 131 (3); 2018, c. 8, Sched. 13, s. 22. Variation (3) Following a hearing held under subsection (1.2), the Tribunal may vary the risk classification system that the insurer may use or the rates that it may charge.  1997, c. 28, s. 131 (4). Deemed approval (4) For the purposes of section 417, a risk classification system and rates varied under subsection (3) shall be deemed to be a risk classification system and rates approved by the Tribunal.  1993, c. 10, s. 43; 1997, c. 28, s. 131 (5). Definition (5) In this section, “insurer” includes the Facility Association.  1993, c. 10, s. 43. Note: On a day to be named by proclamation of the Lieutenant Governor, section 415 of the Act is repealed. (See: 2017, c. 34, Sched. 21, s. 34) Section Amendments with date in force (d/m/y) 1993, c. 10, s. 43 - 01/01/1994; 1996, c. 21, s. 48 (1) - 01/11/1996; 1997, c. 28, s. 131 - 01/07/1998 2017, c. 34, Sched. 21, s. 34 - not in force 2018, c. 8, Sched. 13, s. 22 - 08/06/2019
PART XV RATES AND RATING BUREAUS
Ministerial policy, statements, systems and rates
416 (1) The Minister may issue policy statements on matters related to risk classification systems and automobile insurance rates.  1993, c. 10, s. 44. When effective (2) A policy statement takes effect on the day it is published in The Ontario Gazette.  R.S.O. 1990, c. I.8, s. 416 (2). Effect of statement (3) The Chief Executive Officer and the Tribunal shall have regard to the policy statements issued under this section in making decisions under this Part.  R.S.O. 1990, c. I.8, s. 416 (3); 1997, c. 28, s. 132; 2018, c. 8, Sched. 13, s. 22. Section Amendments with date in force (d/m/y) 1993, c. 10, s. 44 - 01/01/1994; 1997, c. 28, s. 132 - 01/07/1998 2018, c. 8, Sched. 13, s. 22 - 08/06/2019 Automobile insurance, systems and rates