jswizzle3737/ontario_laws_and_regs huggingface dataset:
2 (1) No person shall act as an insurance broker unless the person is a registered insurance broker under this Act.  R.S.O. 1990, c. R.19, s. 2 (1). Exceptions (2) Subsection (1) does not apply to, (a)  lawyers, accountants or actuaries acting in their professional capacity; (b)  an insurance agent licensed under the Insurance Act, while acting within the authority of his or her licence; (c)  an insurance adjuster licensed under the Insurance Act, while acting within the authority of his or her licence; (d)  any individual, partnership or corporation who acts solely as a reinsurance broker; (e)  a person registered under the Travel Industry Act, 2002, acting in respect of travel accident and sickness, baggage or trip cancellation insurance; (f)  an employee of a person registered under this Act when the employee is acting for or on behalf of his or her employer engaged solely in the performance of clerical or administrative duties in the office of his or her employer; (g)  any regular salaried employee of an insured or of a subsidiary or affiliate or corporate insured whose duties in whole or in part are to negotiate for or procure insurance or render other services on behalf of such employer or employers in connection with the procuring or maintaining of insurance on the property or risks of such employer or employers if the employee does not receive compensation, commission or other thing of value from any insurance agent, broker, or insurer for, or in connection with such services; (h)  a trustee appointed under this Act; (i)  an insurer or a subsidiary or an affiliate of an insurer or any employee, officer or director thereof if he or she is not acting in any manner in soliciting, negotiating or procuring the making of any contract of insurance; (j)  such other persons as are exempted by the regulations.  R.S.O. 1990, c. R.19, s. 2 (2); 2002, c. 30, Sched. E, s. 17; 2016, c. 37, Sched. 21, s. 2. Section Amendments with date in force (d/m/y) 2002, c. 30, Sched. E, s. 17 - 01/07/2005 2016, c. 37, Sched. 21, s. 2 - 08/12/2016
3 (1) No person shall hold himself, herself or itself out as an insurance broker or as the holder of a certificate under this Act unless the person is the holder of a certificate under this Act. Use of title (2) No person shall use the title “registered insurance broker” or “courtiers d’assurances inscrit” or the designation “R.I.B. (Ont.)” or “C.A.I. (Ont.)” or other designation representing or similar to the title unless the person is the holder of a certificate as a registered insurance broker under this Act.  R.S.O. 1990, c. R.19, s. 3.
4 (1) The Registered Insurance Brokers of Ontario is continued under the name Registered Insurance Brokers of Ontario in English and Courtiers d’assurances inscrits de l’Ontario in French, as a body corporate without share capital. Powers (2) The Corporation has the power to acquire, hold, dispose of and otherwise deal with real and personal property for the purposes of this Act. Objects (3) The Corporation shall have the general purpose of carrying out the powers and duties conferred on it by this Act.  R.S.O. 1990, c. R.19, s. 4.
5 (1) Every person who is registered by the Corporation is a member of the Corporation. Resignation of membership (2) An individual member may resign his or her membership by filing with the Manager a resignation in writing and the registration is thereupon cancelled. 2017, c. 34, Sched. 36, s. 1 (1). Cancellation for default of fees (3) The Manager may cancel a registration for non-payment of any prescribed fee after giving the member at least one month notice in writing of the default and intention to cancel the registration.  R.S.O. 1990, c. R.19, s. 5; 2017, c. 34, Sched. 36, s. 1 (2). Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 36, s. 1 (1, 2) - 14/12/2017 Continuing jurisdiction
5.1 (1) An individual who resigns as a member of the Corporation or whose membership expires or is revoked, cancelled or otherwise terminated remains subject to the continuing jurisdiction of the Corporation in respect of an investigation or disciplinary proceeding arising from his or her conduct while a member. 2017, chap. 34, Sched. 36, s. 2. Suspended member (2) A member whose membership is suspended remains subject to the continuing jurisdiction of the Corporation for all purposes under this Act. 2017, chap. 34, Sched. 36, s. 2. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 36, s. 2 - 14/12/2017
6 (1) The Council shall be the governing body and board of directors of the Corporation and shall manage and administer its affairs. Composition (2) Subject to the regulations, the Council shall be composed of, (a)  eight persons who are individual members of the Corporation and are elected by the members in the manner provided by the regulations; (b)  three persons who are not members of the Corporation and are appointed by the Lieutenant Governor in Council. Increased size of Council (3) The Lieutenant Governor in Council may, by regulation, vary the size of the Council but at least one-quarter of the members of the Council shall be persons appointed by the Lieutenant Governor in Council who are not members of the Corporation. Transition (4) Despite clause (2) (a), when this Act comes into force, the Lieutenant Governor in Council shall appoint to the Council the eight persons who are individual members of the Corporation for a term of three years, in the case of four of the appointees, and five years, in the case of four of the appointees. Appointment (5) The appointment of every person appointed under clause (2) (b) shall be for a term not exceeding four years and a person whose appointment expires is eligible for one reappointment.  R.S.O. 1990, c. R.19, s. 6.
7 Every individual member who is, (a)  registered under this Act; and (b)  not in default of payment of any prescribed fee, is qualified to vote at an election of members of the Council.  R.S.O. 1990, c. R.19, s. 7.
8 (1) The Council shall elect annually a President and one or more Vice-Presidents from among its members. Manager and officers (2) The Council shall appoint during pleasure a Manager and such other officers and servants as may from time to time be necessary or desirable in the opinion of the Council to perform the work of the Corporation. Quorum (3) A majority of the members of the Council, including at least one member who is not a member of the Corporation, constitutes a quorum.  R.S.O. 1990, c. R.19, s. 8.
9 (1) The Chief Executive Officer shall be deemed to have an interest in the Corporation, as the representative of all persons who may be served by registered insurance brokers.  1997, c. 28, s. 228; 2018. c. 8, Sched. 29, s. 3. Information (2) The Corporation shall, within a reasonable time, furnish the Chief Executive Officer with the information and financial statements with respect to the Corporation that the Chief Executive Officer requires.  1997, c. 28, s. 228; 2018. c. 8, Sched. 29, s. 3. Section Amendments with date in force (d/m/y) 1997, c. 28, s. 228 - 01/07/1998 2018, c. 8, Sched. 29, s. 3 - 08/06/2019
10 (1) The Corporation shall, within four months after the termination of each financial year, provide to its members and the Minister an annual report relating to its activities in that year including, (a)  financial statements of the Corporation and the auditor’s report thereon; (b)  a summary of the complaints received against members, categorized by source, type and disposition of the complaint; (c)  a summary of disciplinary proceedings undertaken against members, categorized by source, type and disposition of the proceedings; (d)  a summary of the applications for registration and the disposition of the applications; (e)  membership statistics of the Corporation, categorized by size and type of member; (f)  an identification of matters of policy currently under review by the Council and of any proposed changes in policies or programs; and (g)  any other information considered relevant by the Corporation or requested by the Minister.  R.S.O. 1990, c. R.19, s. 10 (1); 2018. c. 8, Sched. 29, s. 3. Annual report of Chief Executive Officer (2) The Chief Executive Officer shall make an annual examination of the affairs of the Corporation and shall report concerning the examination to the Minister and the Minister shall then lay the annual report of the Corporation and the report of the Chief Executive Officer before the Assembly if it is in session and, if not, at the next session.  R.S.O. 1990, c. R.19, s. 10 (2); 2018. c. 8, Sched. 29, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 29, s. 3 - 08/06/2019
12 (1) The Council shall establish and appoint as hereinafter provided the following committees: (a)  a Qualification and Registration Committee; (b)  one or more Complaints Committees; (c)  a Discipline Committee, and may establish such other or additional committees as the Council from time to time considers necessary. Panel of lay persons (2) The Lieutenant Governor in Council may appoint such number of persons as the Lieutenant Governor in Council considers appropriate who are not members of the Corporation or members of the Council to a panel of lay persons eligible to serve as members of a Complaints Committee and the Discipline Committee. Term of appointment (3) The appointment of every person under subsection (2) shall be for a term not exceeding four years and a person whose appointment expires is eligible for one reappointment.  R.S.O. 1990, c. R.19, s. 12.
13 (1) The Manager shall issue a certificate or renewal thereof to any applicant therefor who is qualified under this Act and the regulations and has passed such examinations as the Council may set or approve and the Manager shall refer to the Qualification and Registration Committee every application for a certificate or renewal thereof that he or she proposes to refuse. Powers and duties of Qualification and Registration Committee (2) The Qualification and Registration Committee shall determine the eligibility of applicants for certificates or renewals thereof and may require an applicant to take and pass such additional examinations as the Council may set or approve and pay such fees therefor as the Qualification and Registration Committee fixes or to take such additional training as the Qualification and Registration Committee specifies. Conditions of certificates (3) The Qualification and Registration Committee may direct the Manager to issue or refuse to issue certificates and renewals. Review of qualifications (4) The Qualification and Registration Committee may review the qualifications of any member and may impose a limitation on the member’s certificate pending the demonstration of such standard of competence through the completion of such experience, courses of study or continuing education as the Committee specifies. Registers (5) The Manager shall maintain one or more registers in which is entered every person to whom a certificate has been issued identifying the terms of the certificate or the registration and every revocation, suspension, cancellation and expiration or other termination and every renewal of the certificate and such other information as the Qualification and Registration Committee or Discipline Committee directs.  R.S.O. 1990, c. R.19, s. 13.
14 (1) Where the Qualification and Registration Committee proposes to refuse to grant a certificate to an applicant, the Manager on behalf of the Committee shall serve notice of the proposal of the Committee together with written reasons therefor, on the applicant. Exemptions (2) Subsection (1) does not apply to a refusal to grant a certificate to a person who was previously registered and whose registration was suspended or revoked as a result of a decision of the Discipline Committee. Notice requiring hearing or review (3) A notice under subsection (1) shall inform the applicant that he, she or it is entitled to a hearing by the Qualification and Registration Committee if he, she or it mails or delivers within fifteen days after the notice under subsection (1) is served on the applicant, notice in writing to the Committee requiring a hearing. Powers of Committee (4) Where an applicant does not require a hearing by the Committee in accordance with subsection (3), the Committee may refuse the application. Finding of facts (5) The findings of fact of the Committee pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15, 15.1, 15.2 and 16 of the Statutory Powers Procedure Act. 2017, c. 34, Sched. 36, s. 4 (1). Procedures on hearings (6) The provisions of subsections 19 (2), (3), (5), (7) and (8) apply with necessary modifications to proceedings before the Committee under this section. 2017, c. 34, Sched. 36, s. 4 (2). Powers of Committee upon hearing or review (7) The Committee shall, after the hearing or review, (a)  confirm the proposed decision; (b)  require the applicant to take qualifying examinations or additional training as a condition for registration, or both, as specified by the Committee; or (c)  direct the Manager to register the applicant on any appropriate register subject to such conditions as the Committee considers appropriate in cases where the Committee finds that the applicant meets the requirements for registration.  R.S.O. 1990, c. R.19, s. 14. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 36, s. 4 (1, 2) - 14/12/2017
15 (1) Each Complaints Committee shall be composed of such number of persons as the Council may determine but at least one member of the Committee shall be a person who is not a member of the Corporation and who is appointed to the Council or to the panel of lay persons by the Lieutenant Governor in Council. Appointment (2) The Council may appoint any individual member of the Corporation to a Complaints Committee. Membership in other committees (3) No person who is a member of the Discipline Committee shall be a member of a Complaints Committee. Chair (4) The Council shall name one member of each Complaints Committee to be chair of that Committee. Quorum (5) A majority of the members of a Complaints Committee constitutes a quorum.  R.S.O. 1990, c. R.19, s. 15.
16 (1) A Complaints Committee shall consider and investigate complaints regarding the conduct or actions of any member of the Corporation, but no action shall be taken by the Committee under clause (2) (a) unless, (a)  a written complaint has been filed with the Manager and the member whose conduct or actions are being investigated has been notified of the complaint and given at least two weeks in which to submit in writing to the Committee any explanation or representations the member may wish to make concerning the matter; and (b)  the Committee has examined or has made every reasonable effort to examine all records and other documents relating to the complaint. Idem (2) The Committee in accordance with the information it receives may, (a)  direct that the matter be referred, in whole or in part, to the Discipline Committee; (b)  direct that the matter not be referred under clause (a); (c)  take such action as it considers appropriate in the circumstances and that is not inconsistent with this Act or the regulations or by-laws.  R.S.O. 1990, c. R.19, s. 16.
17 (1) The Discipline Committee shall be composed of such number of persons as the Council may determine but at least four members of the Committee shall be persons who are not members of the Corporation and who are appointed to the Council or to the panel of lay persons by the Lieutenant Governor in Council. Appointment (2) The Council may appoint any individual member of the Corporation to the Discipline Committee. Chair (3) The Council shall appoint one of the members of the Discipline Committee who is a member of Council to be the chair of the Committee. Composition of panels (4) The chair of the Discipline Committee may assign a panel of five members of the Committee to hold a hearing of whom one shall be a person appointed to the Council or to the panel of lay persons by the Lieutenant Governor in Council and a panel of the Discipline Committee is sufficient to exercise the jurisdiction and powers of the Discipline Committee if a quorum is present. Quorum and votes (5) Three members of a panel assigned under subsection (4), of whom one shall be a person appointed to the Council or to the panel of lay persons by the Lieutenant Governor in Council, constitute a quorum for a hearing and all disciplinary decisions require the vote of a majority of members of the Discipline Committee presiding at the hearing. Disability of lay member (6) Where a panel of the Discipline Committee commences a hearing and the member thereof who is appointed to the Council or to the panel of lay persons by the Lieutenant Governor in Council becomes unable to continue to act, the remaining members may complete the hearing despite his or her absence. Reference by Council (7) The Council may direct the Discipline Committee to hold a hearing and determine any specified allegation of misconduct or incompetence on the part of a member.  R.S.O. 1990, c. R.19, s. 17.
19 (1) In proceedings before the Discipline Committee, the Corporation and the member of the Corporation whose conduct is being investigated in the proceedings are parties to the proceedings. Examination of documentary evidence (2) A member whose conduct is being investigated in proceedings before the Discipline Committee shall be afforded an opportunity to examine before the hearing any written or documentary evidence that will be produced or any report the contents of which will be given in evidence at the hearing. Members holding hearing not to have taken part in investigation, etc. (3) Members of the Discipline Committee holding a hearing shall not have taken part before the hearing in any investigation of the subject-matter of the hearing other than as a member of the Council considering the referral of the matter to the Discipline Committee or at a previous hearing of the Committee, and shall not communicate directly or indirectly in relation to the subject-matter of the hearing with any person or with any party or the party’s representative except upon notice to and opportunity for all parties to participate. (4) Repealed: 2017, c. 34, Sched. 36, s. 5 (1). Recording of evidence (5) The oral evidence taken before the Discipline Committee shall be recorded and, if so required, copies or a transcript thereof shall be furnished to the parties at their own cost. Findings of fact (6) The findings of fact of the Discipline Committee pursuant to a hearing shall be based exclusively on evidence admissible or matters that may be noticed under sections 15, 15.1, 15.2 and 16 of the Statutory Powers Procedure Act. 2017, c. 34, Sched. 36, s. 5 (2). Only members at hearing to participate in decision (7) No member of the Discipline Committee shall participate in a decision of the Committee pursuant to a hearing unless he or she was present throughout the hearing and heard the evidence and argument of the parties. Release of documentary evidence (8) Documents and things put in evidence at a hearing of the Discipline Committee shall, upon the request of the person who produced them, be released to the person by the Committee within a reasonable time after the matter in issue has been finally determined.  R.S.O. 1990, c. R.19, s. 19. Section Amendments with date in force (d/m/y) 2017, c. 34, Sched. 36, s. 5 (1, 2) - 14/12/2017
20 (1) Where the Manager receives information leading him or her to believe that a member may be an incapacitated member, the Manager shall make such inquiry as he or she considers appropriate and report to the Council who may, upon notice to the member, appoint a board of inquiry composed of at least two members of the Corporation and one member of the Council appointed thereto by the Lieutenant Governor in Council who shall inquire into the matter. Examination (2) The board of inquiry shall make such inquiries as it considers appropriate and may require the member to submit to physical or mental examination by such qualified person as the board designates and if the member refuses or fails to submit to such examination the board may order that his or her certificate be suspended until he or she complies. Hearing by Qualification and Registration Committee (3) The board of inquiry shall report its findings to the Council and deliver a copy thereof and a copy of any medical report obtained under subsection (2) to the member about whom the report is made and if, in the opinion of the Council, the evidence so warrants, the Council shall refer the matter to the Qualification and Registration Committee to hold a hearing and may suspend the member’s certificate until the determination of the question of his or her capacity becomes final. Parties (4) The Corporation, the person whose capacity is being investigated and any other person specified by the Qualification and Registration Committee are parties to a proceeding under this section. Medical evidence (5) A legally qualified medical practitioner is not compellable to produce at the hearing his or her case histories, notes or any other records constituting medical evidence but, when required to give evidence, shall prepare a report containing the medical facts, findings, conclusions and treatment and such report shall be signed by him or her and served upon the other parties to the proceeding, (a)  where the evidence is required by the Corporation, at least five days before the hearing commences; and (b)  where the evidence is required by the person about whom the report is made, at least five days before its introduction as evidence, and the report is receivable in evidence without proof of its making or of the signature of the legally qualified medical practitioner making the report but a party who is not tendering the report as evidence has the right to summon and cross-examine the medical practitioner on the contents of the report. Powers of Qualification and Registration Committee (6) The Qualification and Registration Committee shall, after the hearing, (a)  make a finding as to whether or not the member is an incapacitated member; and (b)  where the member is found to be an incapacitated member, by order, (i)  revoke his or her certificate, (ii)  suspend his or her certificate for such period as the Committee considers appropriate, or (iii)  attach such terms and conditions to the certificate as the Committee considers appropriate.  R.S.O. 1990, c. R.19, s. 20.
21 (1) Any party to proceedings before the Discipline Committee or the Qualification and Registration Committee may appeal from its decision or order to the Divisional Court. Powers of court on appeal (2) An appeal under this section may be made on questions of law or fact or both and the court may affirm or may rescind the decision of the Committee appealed from and may exercise all powers of the Committee and may direct the Committee or the Corporation to take any action which the Committee or the Corporation may take and as the court considers proper, and for such purposes the court may substitute its opinion for that of the Committee, or the court may refer the matter back to the Committee for rehearing, in whole or in part, in accordance with such directions as the court considers proper.  R.S.O. 1990, c. R.19, s. 21.
22 (1) A person whose certificate has been revoked or suspended for cause under this Act may apply at any time in writing to the Manager for the issuance of a certificate or removal of the suspension. Reference to Discipline Committee (2) The Manager shall refer the application to the Discipline Committee or, where the revocation or suspension was on the grounds of incapacity, to the Qualification and Registration Committee, which shall hold a hearing and decide upon the application, and shall report its decision and reasons to the Council and to the former member.  R.S.O. 1990, c. R.19, s. 22.
23 (1) Where it appears to the Corporation that a person does not comply with a provision of this Act or the regulations, despite the imposition of any penalty in respect of such non-compliance and in addition to any other rights it may have, the Corporation may apply to a judge of the Superior Court of Justice for an order directing such person to comply with such provision, and upon the application the judge may make such order or such other order as the judge thinks fit.  R.S.O. 1990, c. R.19, s. 23 (1); 2006, c. 19, Sched. C, s. 1 (1). Appeal (2) An appeal lies to the Divisional Court from an order made under subsection (1).  R.S.O. 1990, c. R.19, s. 23 (2). Section Amendments with date in force (d/m/y) 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
24 (1) Where the Corporation in the absence of evidence to the contrary made a case that a member has been or may be guilty of misconduct in connection with any property in the member’s possession or under the member’s control, a judge of the Superior Court of Justice may, upon an application made without notice by the Corporation, order that the property described in the order shall not be paid out or dealt with by the person or persons named in the order without the leave of a judge of the Superior Court of Justice.  R.S.O. 1990, c. R.19, s. 24 (1); 1993, c. 27, Sched.; 2006, c. 19, Sched. C, s. 1 (1). Appointment of trustee (2) Where the Corporation in the absence of evidence to the contrary makes a case that the business of a member or former member is neglected to the prejudice of any person or that the interests of the clients of the member or former member are not being protected or that the member or former member has converted trust funds, a judge of the Superior Court of Justice may, upon application made without notice by the Corporation, by order appoint a person as trustee with or without bond, to take possession of any property or undertaking in the possession of or under the control of the member or former member for the purpose of preserving, carrying on or winding up the business of the member or former member.  R.S.O. 1990, c. R.19, s. 24 (2); 1993, c. 27, Sched.; 2006, c. 19, Sched. C, s. 1 (1). Idem (3) A person appointed under subsection (2) shall, in respect of any trust property of the member or former member, be the trustee thereof, and the person shall in respect thereof take the place of a personal representative, committee or other representative, if any, of the member or former member.  R.S.O. 1990, c. R.19, s. 24 (3). Variation, discharge of order (4) Any person may apply to a judge of the Superior Court of Justice for an order varying or discharging any order made under subsection (1) or (2).  R.S.O. 1990, c. R.19, s. 24 (4); 2006, c. 19, Sched. C, s. 1 (1). Remuneration (5) The judge may, in an order made under subsection (2), make provision for the remuneration, disbursements and indemnification of the trustee out of such money or otherwise as the judge may specify.  R.S.O. 1990, c. R.19, s. 24 (5). Section Amendments with date in force (d/m/y) 1993, c. 27, Sched. - 31/12/1991 2006, c. 19, Sched. C, s. 1 (1) - 22/06/2006
26 (1) Every person employed in the administration of this Act, including any person making an inquiry or investigation under section 25 and any member of the Council or a Committee, shall preserve secrecy with respect to all matters that come to his or her knowledge in the course of his or her duties, employment, inquiry or investigation under section 25 and shall not communicate any such matters to any other person except, (a)  as may be required in connection with the administration of this Act and the regulations and by-laws or any proceedings under this Act or the regulations; (b)  to his or her counsel; or (c)  with the consent of the person to whom the information relates. Testimony in civil suit (2) No person to whom subsection (1) applies shall be required to give testimony in any civil suit or proceeding with regard to information obtained by him or her in the course of his or her duties, employment, inquiry or investigation except in a proceeding under this Act or the regulations or by-laws. Privileged information (3) Any information, document, record, statement or thing made or disclosed to the Manager, the Council or a committee of Council concerning a member or a person applying for registration under this Act is privileged and shall not be used as evidence in any civil action or proceeding in any court brought by or on behalf of such member or person.  R.S.O. 1990, c. R.19, s. 26. 27 Repealed:  2001, c. 8, s. 215. Section Amendments with date in force (d/m/y) 2001, c. 8, s. 215 - 29/06/2001
28 (1) Every member shall maintain a mailing address in Ontario, which address shall be suitable to permit service by registered mail, and shall register the mailing address with the Manager. Personal service (2) Any legal process and any notice or document served personally or served by registered mail at the mailing address registered with the Manager shall be deemed for all purposes to have been served personally upon the member. Deemed resident (3) For the purpose of any civil action brought against a member, the member shall be deemed to be a resident of the county in which the mailing address is located.  R.S.O. 1990, c. R.19, s. 28.
29 (1) Subject to section 28, any notice or document required by this Act to be served may be served personally or by mail addressed to the person to whom notice is to be given at his or her last known address and, where notice is served by mail, the service shall be deemed to have been made on the fifth day after the day of mailing unless the person to whom notice is given establishes that the person, acting in good faith, through absence, accident, illness or other cause beyond the person’s control, did not receive the notice, or did not receive the notice until a later date. R.S.O. 1990, c. R.19, s. 29 (1); 2016, c. 37, Sched. 21, s. 3. Idem (2) For a period of one year after the date on which a former member ceased to be a member of the Corporation, the mailing address of the former member registered with the Manager under section 28 shall be deemed to be the former member’s last known address unless the former member registers a new mailing address with the Manager. R.S.O. 1990, c. R.19, s. 29 (2). Administering oaths (3) Every member of the Qualification and Registration Committee, the Discipline Committee and each Complaints Committee has power to administer oaths and affirmations for the purposes of any of its proceedings. R.S.O. 1990, c. R.19, s. 29 (3). Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 21, s. 3 - 08/12/2016
30 Any statement containing information from the records required to be kept by the Manager under this Act, purporting to be certified by the Manager under the seal of the Corporation is admissible in evidence in all courts as proof, in the absence of evidence to the contrary, of the facts stated therein without proof of the appointment or signature of the Manager and without proof of the seal.  R.S.O. 1990, c. R.19, s. 30.
31 No action or other proceeding for damages shall be instituted against the Corporation, the Council, a Committee or any member of the Council or committee, or any officers, servants, agents or appointees of the Corporation, for any act done in good faith in the performance or intended performance of any duty or in the exercise or the intended exercise of any power under this Act, a regulation or a by-law, or for any neglect or default in the performance or exercise in good faith of such duty or power.  R.S.O. 1990, c. R.19, s. 31.
32 (1) All funds received or receivable by a member in the course of business on behalf of insurers from members of the public or on behalf of members of the public from insurers are deemed to be trust funds. Idem (2) No member shall assign, pledge, hypothecate or mortgage or in any way charge the funds referred to in subsection (1) whether or not such funds have been received or remain receivable. Idem (3) Any assignment, pledge, hypothecation, mortgage or other charge of or on funds referred to in subsection (1) is null and void as against the beneficial owner of the funds.  R.S.O. 1990, c. R.19, s. 32.
33 (1) No person shall make or cause to be made any wilful falsification in any matter relating to a register or issue a false certificate or document with respect to registration. False representations, etc. (2) No person shall wilfully procure or attempt to procure himself, herself or itself or any other person to be registered under this Act by knowingly making any false representation or declaration or by making any fraudulent representation or declaration, either orally or in writing.  R.S.O. 1990, c. R.19, s. 33.
34 (1) Every person who contravenes any provision of this Act and every director or officer of a corporation or unincorporated association and every member of a partnership who knowingly concur in such contravention is guilty of an offence and on conviction is liable to a fine of $100,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. R.19, s. 34 (1); 2016, c. 37, Sched. 21, s. 4. Corporation (2) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed upon the corporation is $200,000 and not as provided therein. R.S.O. 1990, c. R.19, s. 34 (2). Limitation period (3) No proceeding under this section shall be commenced more than five years after the time when the subject-matter of the proceeding arose. R.S.O. 1990, c. R.19, s. 34 (3). Section Amendments with date in force (d/m/y) 2016, c. 37, Sched. 21, s. 4 - 08/12/2016
35 The Lieutenant Governor in Council may make regulations, (a)  respecting and governing the nomination, election and term of office of the members to be elected to the Council, the filling of vacancies on the Council and controverted elections; (b)  governing the size and composition of the Council; (c)  respecting any matter ancillary to the provisions of this Act with regard to the issuing, renewal, suspension and revocation of certificates; (d)  providing for the expiration of certificates and governing and establishing the requirements and qualifications for the issuing and renewal of certificates; (e)  providing for the maintenance and inspection of registers; (f)  governing standards of practice for registered insurance brokers; (g)  defining misconduct for the purposes of this Act and providing for a code of conduct; (h)  providing for a program for the continuing education of members to maintain their standard of competence and requiring members to participate in such continuing education; (i)  respecting the reporting and publication of decisions in disciplinary matters; (j)  providing for the compilation of statistical information on the supply, distribution and business activities of members and requiring members to provide the information necessary to compile such statistics; (k)  respecting returns, reports, information or disclosure to be provided or made by members to the Corporation, the Chief Executive Officer, members of the public or any other person or persons; (l)  fixing maximum fines that may be imposed upon members found guilty of misconduct; (m)  establishing rules of practice and procedure for hearings held under this Act; (n)  respecting trust funds and the keeping of trust accounts by members; (o)  respecting the reporting and auditing of members’ accounts and specifying the type and nature thereof; (p)  requiring the filing of financial guarantees by members of the Corporation and respecting the collateral security for terms, conditions and form of financial guarantees; (q)  establishing and governing minimum indemnity insurance requirements for members and requiring and respecting errors and omissions insurance; (r)  establishing and governing minimum equity capitalization requirements for members; (s)  establishing and respecting restrictions and limitations on the sale and ownership of insurance brokers and the businesses of insurance brokers; (t)  prescribing forms and providing for their use; (u)  exempting any person or group of persons from all or part of the provisions of this Act and the regulations subject to such terms and conditions as may be set out in the regulations.  R.S.O. 1990, c. R.19, s. 35; 2018. c. 8, Sched. 29, s. 3. Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 29, s. 3 - 08/06/2019 35.1 Repealed: 2020, c. 36, Sched. 14, s. 15 (2). Section Amendments with date in force (d/m/y) 2018, c. 8, Sched. 29, s. 2 - 08/06/2019 2020, c. 36, Sched. 14, s. 15 (2) - 08/12/2020
36 Despite any other provision of this Act, a person holding a valid licence as an insurance agent or an insurance broker under the Insurance Act issued before the 1st day of October, 1981, who was an insurance broker within the meaning of insurance broker contained in this Act, shall be deemed to be a registered insurance broker under this Act and the person shall be so registered as a member by the Manager.  R.S.O. 1990, c. R.19, s. 36. ______________  Français