Case # 68218 Life Insurance Council 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 Shae Jansen (the “Agent”)
AGREED STATEMENT OF FACTS AND JOINT SUBMISSION WHEREAS the Alberta Insurance Council (the “AIC”) undertook a review of the Agent’s licensing renewal application, based on information provided by the Agent that indicated she had been discharged from bankruptcy;
AND WHEREAS the review established that the Agent had failed to disclose her bankruptcy in her earlier applications but had done so for the first time on the online application completed on August 18, 2017;
AND WHEREAS the Agent is aware of the opportunity to retain and instruct legal counsel with respect to the matters referred to in this Agreed Statement of Facts and Joint Submission;
NOW THEREFORE the Agent and the Investigator agree as follows: 1.0 For the purposes of this Agreed Statement of Facts and Joint Submission, the Agent makes the following admissions and submissions:
1.1.1 The Agent is the holder of Certificates of Authority M-1661032-10946133 and Q-1661032-10946133 to transact business as a Full Life and Accident and Sickness insurance agent and has been licensed since October 20, 2015;
1.1.2 On August 21, 2017, the investigator contacted the Agent regarding non-disclosure of her prior bankruptcy information to the AIC.
1.1.3 The Agent advised the investigator that she had disclosed her bankruptcy to her former manager at World Financial Group (WFG) and believed that WFG had provided this information to the AIC. The Agent also advised the investigator that she did not confirm that her manager had disclosed this information to the AIC and in fact the Agent signed off on her insurance application not indicating her prior bankruptcy. This is the first such contravention by the Agent;
2.0 As a result of the facts set out in this Agreed Statement of Facts and Joint Submission, the Agent contravened section 467 (1) (c) of the Act and consequently violated section 480(1)(b) of the Act.
3.0 The Agent and the Investigator jointly recommend to the Life Insurance Council (“Council”) that the Council approve this Agreed Statement of Facts and Joint Submission and resolve, dispose of and finally conclude this matter involving the Agent by approving a decision in the form annexed hereto as Schedule 1, which provides for a civil penalty in the amount of $300.00, in accordance with the penalties prescribed in section 13 (1) (b) of the Certificate Expiry, Penalties and Fees Regulation, A.R. 125/2001.
4.0 The Agent recognizes that the acceptance of the decision set out in Schedule 1 shall be at the unfettered discretion of the Council. 5.0 The Agent is aware of and acknowledges that upon receiving notification of the Council’s decision, the civil penalty specified in Schedule 1 must be paid within the time frames set out in section 480 (4) of the Act.
6.0 The Agent is also aware of and acknowledges that by entering into this Agreed Statement of Facts and Joint Submission, the Agent waives her right to appeal this decision as set out in section 482 of the Act.
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Case # 68218 Life Insurance Council 7.0 The Agent waives any existing right she may have under the Act or otherwise to a hearing, review, judicial review or appeal of this matter.
8.0 The Agent acknowledges that this Agreed Statement of Facts and Joint Submission may be referred to in this or any other proceeding under the Act, and in regulatory proceedings in other jurisdictions.
9.0 The Agent recognizes that this Agreed Statement of Facts and Joint Submission resolves all issues involving the Agent in this matter only, as the matter is described above.
th Dated at the City of Calgary, in the Province of Alberta this 27 day of November, 2017. ALBERTA INSURANCE COUNCIL PER: Original signed by Roy Dias, Investigator
th Dated at the City of Grand Prairie, in the Province of Alberta, this 5 day of January, 2018. Original signed by Shae Jansen, Agent
In the presence of: Original signed by [DF] [DF] Signature of Witness Name of Witness (please print) 2
Case # 68218 Life Insurance Council SCHEDULE 1 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 Shae Jansen (the “Agent”)
DECISION OF The Life Insurance Council (the “Council”)
WHEREAS the Investigator of the Alberta Insurance Council (“AIC”) made a request for information in relation to an investigation being conducted by the AIC into the Agent’s not disclosing a prior bankruptcy;
AND WHEREAS as a result of information received, the Investigator and the Agent entered into an Agreed Statement of Facts and Joint Submission, a copy of which is attached hereto;
AND WHEREAS pursuant to the Agreed Statement of Facts and Joint Submission, the Agent has agreed to pay a civil penalty in the amount of THREE HUNDRED DOLLARS ($300.00) and has acknowledged that the Council has the discretion to accept or reject that recommendation;
AND WHEREAS the Council considers that it would be in the public interest to approve the said Agreed Statement of Facts and Joint Submission;
IT IS ORDERED that: 1. The Agreed Statement of Facts and Joint Submission be accepted and is hereby approved; and 2. The Agent pay a fine of THREE HUNDRED DOLLARS ($300.00), in accordance with the terms and conditions set out in the Agreed Statement of Facts and Joint Submission.
The attached Agreed Statement of Facts and Joint Submission was reviewed by the Council and a motion to approve this decision was made and carried at a properly conducted meeting of the Life Insurance Council. The motion was duly recorded in the minutes of that meeting.
Date: February 9, 2018 Original signed by Jim Brownlee Life Insurance Council
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