ALBERTA INSURANCE COUNCIL
(the “AIC”)
In the Matter of the Insurance Act, R.S.A. 2000 Chapter I-3
(the “Act”)
And
In the Matter of Shaun Maslyk
(the "Agent")
DECISION
OF
The Life Insurance Council
(the “Council”)
This case involved an allegation pursuant to s. 481(2) of the Act. Specifically, it is alleged that the Agent failed or refused to provide information and documentation requested by the AIC through a Demand for Information (the “Demand”). In so doing, it is alleged that the Agent contravened a provision of the Act as contemplated in s. 480(1)(b).
Facts and Evidence
This matter proceeded by way of a written Report to Council dated January 25, 2018 (the “Report”). The Report was forwarded to the Agent for review and to allow the Agent to provide the Council with any further evidence or submissions by way of Addendum. The Agent did not respond to the Report.
In November, 2017 the AIC conducted audits to verify that the Continuing Education (“CE”) credits disclosed on licenesees’ renewal applications were correct. The AIC randomly selected agents for audit who were pulled from a pool of agents who renewed their certificates of authority from a set period. The selected agents were asked to provide proof of CE credits for the past 3 licensing periods.
The Agent was the holder of life, accident & sickness (“A&S”) and general certificates of authority and was licensed from July 20, 2011 to November 27, 2012. The Agent’s left the insurance agency in November, 2012 to pursue employment under the provincial government. The Agent reinstated his A&S and life certificates of authority on March 25, 2013. The Agent also held a general certificate of authority upon his return to the insurance industry. Those three certificates remained in effect until December 6, 2017 when all three licenses were suspended due to the Agent’s failure to provide CE Credits.
On November 3, 2017 the AIC emailed the Demand letter to the Agent and provided him with thirty days to respond. The AIC telephoned the Agent on November 7, 2017 and requested that he respond to the CE audit within the 30 day period set out in the Demand. The AIC emailed the Agent on November 15, 2017 to remind him that a response was due. The Agent contacted the AIC outside of the period set out by the Demand, specifically between December 5th and December 12th, 2017, and cooperated with the AIC in order to pass the CE audit.
Discussion
As we have noted previously, the AIC operates under a delegation from the Minister of Treasury Board and Finance that authorizes the AIC to investigate complaints against holders and former holders of insurance agent certificates of authority. Pursuant to the Minister of Finance Directive No. 05/01, the Minister also delegated his powers under s. 481 to the AIC. Section 481 states that “[t]he Minister may direct the holder or former holder of a certificate of authority to provide to the Minister within a reasonable period of time specified in the direction any information specified by the Minister relating to the matters in s. 480(1).” Subsection 2 states that the “… A person served with a direction … who has the information must provide the information in accordance with the direction.”
The offence of failing to respond to a demand for information is one of strict liability. This means that in order to be found guilty, the AIC only needs to prove that the Demand was properly made and delivered. There is no requirement that the AIC prove that the Agent’s failure to respond was intentional. Once the AIC proves that the Demand was made, the onus shifts to the Agent to demonstrate that he took all reasonable efforts to avoid committing the offence. From the evidence in the Report, we are satisfied that the AIC’s Demand meets the requirements of s. 481 of the Act. The investigation arose out of matters found in s. 480 of the Act and he was given a reasonable opportunity to respond. Given the facts in their entirety, it is clear that the Agent did not act with due diligence and we find him guilty.
In terms of the applicable sanction, the Act requires that holders and former holders of licenses provide information when called upon to do so. While the Agent responded late to the Demand he did provide information prior to receiving the Report. Therefore, in light of all of these circumstances we order that a civil penalty in the amount of $300.00 be levied against the Agent pursuant to s. 13(1)(b) of the Certificate Expiry, Penalties and Fees Regulation, A.R. 125/2001. The civil penalty must be paid within thirty (30) days of receiving this notice.
In the event that the civil penalty is not paid within thirty (30) days, the Agent’s certificates of authority will be suspended and interest will begin to accrue at the applicable prescribed rate. Pursuant to s. 482 of the Act (copy enclosed), the Agent has thirty (30) days in which to appeal this decision by filing a notice of appeal with the Office of the Superintendent of Insurance.
This Decision was made by way of a motion made and carried at a properly conducted meeting of the Life Insurance Council. The motion was duly recorded in the minutes of that meeting.
Dated: April 16, 2018 Original signed by
Kenneth Doll, Chair
Life Insurance Council
Extract from the Insurance Act, Chapter I-3
Appeal
482 A decision of the Minister under this Part to refuse to issue, renew or reinstate a certificate of authority, to impose terms and conditions on a certificate of authority, to revoke or suspend a certificate of authority or to impose a penalty on the holder or former holder of a certificate of authority may be appealed in accordance with the regulations.
Extract from the Insurance Councils Regulation, Alberta Regulation 126/2001
Notice of appeal
16(1) A person who is adversely affected by a decision of a council may appeal the decision by submitting a notice of appeal to the Superintendent within 30 days after the council has mailed the written notice of the decision to the person.
(2) The notice of appeal must contain the following:
a) a copy of the written notice of the decision being appealed;
b) a description of the relief requested by the appellant;
c) the signature of the appellant or the appellant's lawyer;
d) an address for service in Alberta for the appellant;
e) an appeal fee of $200 payable to the Provincial Treasurer.
(3) The Superintendent must notify the Minister and provide a copy of the notice of appeal to the council whose decision is being appealed when a notice of appeal has been submitted.
(4) If the appeal involves a suspension or revocation of a certificate of authority or a levy of a penalty, the council's decision is suspended until after the disposition of the appeal by a panel of the Appeal Board.
Address for Superintendent of Insurance:
Superintendent of Insurance
Alberta Finance
402 Terrace Building
9515-107 Street
Edmonton, Alberta T5K 2C3