In the Matter of The FINANCIAL INSTITUTIONS ACT (RSBC 1996, c.141) (The “Act”)
and The INSURANCE COUNCIL OF BRITISH COLUMBIA (“Council”)
and MARK WAGNER (the “Licensee”)
DECISION AND ORDER UNDER SECTIONS 231 & 238 OF THE ACT
WHEREAS the Licensee currently holds a life and accident and sickness insurance agent (“life agent”) licence, and has completed his 2017 annual filing;
AND WHEREAS Council has made several attempts to communicate with the Licensee, through voicemail messages, email, and written correspondence, regarding his conduct as a life agent;
AND WHEREAS the Licensee has not responded to Council’s attempts to contact him, even though he accepted delivery of a registered letter from Council on December 18, 2017;
AND WHEREAS Council has determined that the Licensee has refused or neglected to make a prompt reply to an inquiry from Council as required under section 231 of the Act;
AND WHEREAS Council has determined that the Licensee is intentionally ignoring Council, thereby bringing his suitability to hold a life agent licence into question;
AND WHEREAS Council has determined that it is not in the public interest to allow the Licensee to continue to engage in the life insurance business as a life agent until such time as he has replied to Council’s inquiry and Council has considered his reply;
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Decision and Order under Sections 231 & 238 of the Act Mark Wagner LIC-179471C125086R1 / COM-2017-00460 February 1, 2018 Page 2 of 2
AND WHEREAS Council considers the length of time required to hold a hearing would be detrimental to the due administration of the Act;
NOW THEREFORE, pursuant to sections 231 and 238 of the Act, Council orders that the Licensee’s life agent licence is suspended effective the date of this order, until such time as the Licensee has replied to Council’s inquiry and Council has considered his reply.
TAKE NOTICE that pursuant to section 238 of the Act, the Licensee has the right to require a hearing on this order before Council by delivering written notice within 14 days of receipt of this order to Council at Suite 300, 1040 West Georgia Street, Vancouver, British Columbia, V6E 4H1; alternatively, the Licensee may appeal this order to the Financial Services Tribunal.
Dated in Vancouver, British Columbia on the 1 st day of February, 2018. ______________________________________ Michael Connors, CIP, CRM Chairperson, Insurance Council of British Columbia