Insurance Councils Regulation

Insurance Councils Regulation, M.R. 227/91 The Insurance Act , C.C.S.M. c. I40 Regulation 227/91 Registered October 17, 1991 bilingual version (HTML) Table of Contents Section 1 Definitions 2 Establishment of insurance councils 3 Establishment of Manitoba Council 4 Terms of office 5 Chairpersons and vice-chairpersons 6 Delegation of powers to Manitoba Council 7 Delegation of powers to insurance councils 8 Annual report and financial statement 9 Access to superintendent 10 Members' expenses and remuneration Definitions 1 The following definitions apply in this regulation. "Act" means The Insurance Act . («  Loi  ») "administrative decision" means a decision by an insurance council (a) to refuse to issue a licence to a person under section 371, 385 or 386 of the Act; or (b) to take, in respect of an agent or adjuster, any of the actions listed in subsection 375(1.1) or 396(1) or (2) of the Act. (« décision administrative ») "insurance council" means the General Insurance Council and the Life Insurance Council established by this regulation. (« conseil d'assurance ») "Manitoba Council" means the Insurance Council of Manitoba established by this regulation. (« Conseil du Manitoba ») M.R. 216/2014 ; 131/2018 Establishment of insurance councils 2(1) The following insurance councils are hereby established: (a) the General Insurance Council; (b) the Life Insurance Council; (c) [repealed]  M.R. 131/2018 . 2(2) The General Insurance Council shall consist of six to nine persons appointed by the minister, at least (a) half of whom are licensed as general insurance agents under the Act; and (b) one of whom is licensed as an insurance adjuster under the Act. 2(3) The Life Insurance Council shall consist of six to nine persons appointed by the minister, at least half of whom are licensed as life insurance agents under the Act. 2(4) [Repealed] M.R. 131/2018 2(5) A person appointed as a member of an insurance council who fails to maintain the required licence, or whose licence is suspended or cancelled, ceases forthwith to be a member of that insurance council, and the minister shall thereupon forthwith appoint a replacement in accordance with subsection (2), (3) or (4), as the case may require. M.R. 168/2008 ; 131/2018 Establishment of Manitoba Council 3(1) The Insurance Council of Manitoba is hereby established and shall consist of three persons appointed by each insurance council from among its members. 3(2) A person appointed as a member of the Manitoba Council ceases to be a member thereof upon the cessation of the person's required membership in an insurance council, and that insurance council shall thereupon forthwith appoint a replacement in accordance with subsection (1). M.R. 131/2018 Terms of office 4(1) A person is to be appointed as a member of the Manitoba Council or an insurance council for a term of no more than three years, and no member may serve more than ten consecutive years. 4(2) When appointing a member to an insurance council, the minister is to have regard for the need to ensure that the terms of office of not more than half the members of that council expire in any one year. 4(3) A member of the Manitoba Council or an insurance council continues to hold office until the member is re-appointed, removed or suspended, or until a successor is appointed. 4(4) The minister may, for cause, remove or suspend any member of the Manitoba Council or an insurance council. M.R. 131/2018 Chairpersons and vice-chairpersons 5 The Manitoba Council and each insurance council shall, at the beginning of each year, select two persons from among its members to serve respectively as its chairperson and vice-chairperson for that year. Delegation of powers to Manitoba Council 6(1) The superintendent is authorized to delegate to the Manitoba Council all or any of the powers, functions and duties that the superintendent has under the Act and the regulations. 6(2) In addition to the powers, functions and duties delegated under subsection (1), the Manitoba Council is charged with the general administration of the insurance councils and may, for that purpose but without restricting the generality of the foregoing, (a) employ or appoint such persons as it deems necessary to carry out its functions; (b) establish and appoint the members of such committees as it deems advisable to assist it in carrying out its functions, and may prescribe the functions and duties of each committee; (c) subject to the approval of the superintendent, make rules for its own procedure, and supervise the procedure of each council subject to any rules made by the council for its own procedure; (d) where so authorized by an insurance council, act as the insurance council's agent; (e) initiate and engage in programs of consumer protection; (f) make recommendations to the minister; (g) enter into a contract with any person for any purpose related to the exercise of its powers and duties. Delegation of powers to insurance councils 7(1) The superintendent is authorized to delegate to all or any of the insurance councils all or any of the powers, functions and duties that the superintendent has under the Act and the regulations. 7(2) Without restricting the generality of subsection (1), the superintendent may delegate to all or any of the insurance councils all or any of the following powers that the superintendent has under the Act: (a) the power to issue or refuse a licence under section 371, 385 or 386 of the Act; (b) the power to attach limitations or conditions to a licence under section 396 of the Act; (c) the power to cancel or suspend a licence under section 375 or 385 of the Act; (d) the power to consult on the reinstatement of a licence under subsection 395(2) of the Act; (e) the power to carry out investigations. 7(3) Before exercising the power to refuse, revoke or suspend, or impose terms and conditions on, a licence delegated to it under subsection (2), an insurance council shall (a) notify the applicant or licensee, and the insurer approving the licence application under section 370 of the Act, of the action that it intends to take; (b) provide the applicant or licensee with the reasons for the intended action; and (c) give the applicant or licensee an opportunity to provide particulars showing why the action should not be taken; and, forthwith after exercising the power, shall inform the applicant or licensee of the applicant's or licensee's rights with respect to re-application, reinstatement, removal of the terms and conditions, or appeal under sections 389 to 389.3 of the Act. 7(3.1) If the exercise of a power under subsection (2) relates to an insurance adjuster or a person seeking an insurance adjuster licence, the insurance council panel determining whether to exercise that power must include at least one member of the applicable insurance council who is a licensed insurance adjuster, unless as a result of a conflict of interest there is no such member that can serve on the panel. M.R. 131/2018 7(4) In addition to the powers, functions and duties delegated under subsections (1) and (2), each insurance council (a) subject to the approval of the superintendent, may make rules for its own procedure; (b) subject to the approval of the superintendent, may prescribe the educational and other standards that an applicant must satisfy and maintain to be eligible for the issue of a licence and to maintain a licence as an agent or adjuster in the class of insurance or activity being regulated by that insurance council; (c) with respect to persons licensed in the class of insurance or activity regulated by that insurance council, may exercise the powers conferred by subsections 375(1) and (1.1), 385(7) and 396(1) and (2) of the Act, and shall forthwith report to the superintendent all actions taken under those subsections; (d) may authorize the Manitoba Council to act on its behalf in certain matters; (e) may initiate and engage in programs of consumer protection; (f) may make recommendations to the minister; (g) may enter into a contract with any person for a purpose related to the exercise of its powers and duties; (h) subject to the approval of the superintendent, (i) may establish ethical, operational and trade practices for agents and, in the case of the General Insurance Council, for adjusters, (ii) may make rules providing for the establishment and enforcement of the practices referred to in subclause (i), and (iii) may enforce the practices provided for under subclause (i). 7(5) In addition to the powers, functions and duties delegated under subsections (1), (2) and (4), the Life Insurance Council (a) subject to the approval of the superintendent, may establish ethical, operational and trade practices for life insurance agents respecting (i) the replacement of policies of life insurance, or (ii) the sale of replacement policies of life insurance; (b) may make rules providing for the establishment and enforcement of the practices referred to in clause (a); and (c) may enforce the practices provided for under clause (a). M.R. 80/97; 3/98; 107/98; 168/2008 ; 216/2014 ; 131/2018 Publishing information about administrative decisions 7.1(1) After an administrative decision is made in respect of an agent or adjuster, the insurance council that made the decision may, subject to subsections (2) and (3), publish the following information about the decision: (a) the name and address of the agent, adjuster or applicant for a licence about whom the decision was made, as shown in the records maintained under subsection 9(1) of the Act; (b) a summary of the decision, including a description of the action to be taken in respect of the agent, adjuster or applicant; (c) a statement of the reasons for the decision; (d) any other information about the administrative decision that the insurance council considers necessary for it to be properly understood by members of the public. 7.1(2) Information published under this section must not include information (a) about a person that (i) except as permitted by clause (1)⁠(a), is personal information, or (ii) is personal health information; or (b) by which a complainant or a person other than the agent or adjuster could be identified. 7.1(3) The insurance council must not publish information about an administrative decision until any period available to the agent, adjuster or applicant to appeal the decision has expired. If the agent, adjuster or applicant appeals the decision, the insurance council must not publish information about it until the appeal is finally disposed of. M.R. 216/2014 Publication of information about appeals 7.2(1) After an appeal of an administrative decision is finally disposed of, the insurance council that made the decision may, subject to subsection (2), publish the following information about the disposition of the appeal: (a) the name and address of the agent, adjuster or applicant for a licence about whom the administrative decision was made, as shown in the records maintained under subsection 9(1) of the Act; (b) a summary of the decision on the appeal, including a description of any action to be taken in respect of the agent, adjuster or applicant under the decision; (c) a statement of the reasons for the decision on the appeal; (d) any other information (i) about the disposition of the appeal, or (ii) about the administrative decision, that the insurance council considers necessary for the disposition of the appeal to be properly understood by members of the public. 7.2(2) Information published under this section must not include information (a) about a person that (i) except as permitted by clause (1)⁠(a), is personal information, or (ii) is personal health information; or (b) by which a complainant or a person other than the agent or adjuster could be identified. M.R. 216/2014 Annual report and financial statement 8 The Manitoba Council and each insurance council shall, within 60 days after the end of each year, prepare and submit to the superintendent, in respect of its operations during that year, (a) an audited financial statement; and (b) a report, containing a summary of those operations and such other information as the superintendent may require. Access to superintendent 9 For the purpose of any review by the superintendent under subsection 396.1(11) of the Act, the Manitoba Council and each insurance council shall allow the superintendent access at all reasonable times to all records, documents, books, papers and correspondence in its possession or control relating to its operations, and shall permit the superintendent to take and retain possession thereof for purposes of the review for such length of time as may be necessary, and shall on request furnish the superintendent with all information in its possession or control relating to its operations. Members' expenses and remuneration 10(1) Members of the Manitoba Council and of the insurance councils are to be reimbursed for reasonable travelling, living and other expenses necessarily incurred in performing their duties as members. 10(2) Members of the Manitoba Council are to be remunerated for attending Council meetings at the following rates: (a) $250 per half day for a member other than the Council's chairperson; (b) $300 per half day for the Council's chairperson; (c) $400 per full day for a member other than the Council's chairperson; (d) $450 per full day for the Council's chairperson. 10(3) Members of an insurance council are to be remunerated for attending council meetings at the following rates: (a) $250 per half day for a member other than the council's chairperson; (b) $300 per half day for the council's chairperson; (c) $400 per full day for a member other than the council's chairperson; (d) $450 per full day for the council's chairperson. M.R. 134/93; 66/2004 ; 211/2013 Accreditation and course review fees — continuing education providers 11(1) The Manitoba Council may charge a fee of $200 for considering the application of a person who seeks to be accredited to provide continuing education to agents or adjusters for the purpose of the continuing education program of an insurance council and deciding whether to grant the accreditation. The fee is non-refundable and is payable to the Manitoba Council at the time the application is submitted. 11(2) The Manitoba Council may charge a non-refundable fee of $50 for approving, or having an insurance council approve, continuing education credit for completion of a course or participation in an event that is to be provided or organized by or under the auspices of a person other than an accredited continuing education provider. The fee is non-refundable and is payable to the Manitoba Council at the time the request for approval is submitted. 11(3) In subsection (2), "accredited continuing education provider" means a person who has been accredited by the Manitoba Council or an insurance council to provide continuing education on an ongoing basis for the purpose of the continuing education program of an insurance council. 11(4) To avoid doubt, (a) the fee required by subsection (1) is payable only by persons who apply for accreditation after this section comes into force; (b) the Manitoba Council or an insurance council may, if the relevant fee is not paid, (i) refuse to consider an application under subsection (1) or to grant accreditation, or (ii) refuse to approve continuing education credit under subsection (2). M.R. 216/2014