Superintendent
of surintendant des
Financial services
Services financiers
________________________________________________________________________
REGARDING the Insurance Act, R.S.O. 1990, c. I.8, as amended, in particular sections 441.1, 441.2 and 441.3
AND REGARDING Eric Mott
ORDER TO IMPOSE
AN ADMINISTRATIVE PENALTY
Eric Mott is licensed as a life insurance and accident and sickness insurance agent (licence #05087041).
On February 8, 2016 the Superintendent of Financial Services (“Superintendent”) issued a Notice of Proposal to impose an administrative monetary penalty of $1,600 on Mr. Mott for failing to maintain errors and omissions insurance for the period from January 1, 2013 to May 23, 2013 contrary to section 13 of Ontario Regulation 347/04.
Mr. Mott had 15 days after service of the Notice of Proposal to request a hearing before the Financial Services Tribunal (the “Tribunal”) in accordance with subsections 441.3(2) and 441.3(5) of the Insurance Act (the “Act”).
Canada Post tracking confirms that the Notice of Proposal was successfully delivered to Mr. Mott’s address on February 14, 2016 and was signed for by “Kay Mott”.
The Registrar of the Tribunal has confirmed that as of March 8, 2016 the Tribunal has not received a request for hearing from or on behalf of Mr. Mott in respect of the proposal to impose an administrative penalty.
Subsection 441.3(7) of the Act provides that the Superintendent may carry out the proposal to impose an administrative monetary penalty when no hearing has been requested.
Now therefore, pursuant to subsection 441.3(7) of the Act, the Superintendent makes the following order:
ORDER
An administrative penalty of $1,600 is imposed on Eric Mott for contravening section 13 of Ontario Regulation 347/04.
TAKE NOTICE THAT Eric Mott will be receiving shortly an invoice from Ontario Shared Services, a part of the Ministry of Government and Consumer Services, with information as to where and how to make the payment. Mr. Mott must pay the administrative penalty no later than 30 days after the date of the invoice.
If Mr. Mott fails to pay the administrative penalty in accordance with the terms of this Order, the Superintendent may file the Order with the Superior Court of Justice and the order may be enforced as if it were an order of the court. An administrative penalty that is not paid in accordance with the terms of an order imposing the penalty is a debt due to the Crown and is enforceable as such.
DATED at Toronto, Ontario, , 2016.
_________________________________
Anatol Monid
Executive Director
Licensing and Market Conduct Division
By Delegated Authority from:
The Superintendent of Financial Services