Superintendent
of surintendant des
Financial services
Services financiers
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REGARDING the Insurance Act, R.S.O. 1990, c. I.8, as amended (the “Act”), in particular sections 441.1, 441.2 and 441.3
AND REGARDING Brian Dale Switzer
ORDER TO IMPOSE AN ADMINISTRATIVE PENALTY
Brian Dale Switzer holds a licence as an “other-than-life” insurance agent (also known as a general insurance agent) under the terms of the Act (licence #10115217).
On April 1, 2016, the Superintendent of Financial Services (the “Superintendent”) issued a Notice of Proposal to impose an administrative penalty in the amount of $5,550 on Mr. Switzer. The Superintendent had determined that Mr. Switzer acted as an insurance agent while unlicensed during the period of July 14, 2014 through January 26, 2015, and therefore contravened subsection 392.2(6) of the Act and subsection 2(1) of Ontario Regulation 347/04 made under the Act.
The Notice was given to Mr. Switzer on April 7, 2016, and Mr. Switzer had 15 days thereafter to request a hearing by the Financial Services Tribunal (the “Tribunal”) in accordance with the Act. The Registrar of the Tribunal has confirmed that, as of April 27, 2016, no request for hearing has been filed by Mr. Switzer on anyone on his behalf.
Subsection 441.3(7) of the Act provides that the Superintendent may carry out the proposal to impose the administrative penalty if no hearing has been requested.
ORDER
An administrative penalty of $5,550 is imposed on Brian Dale Switzer.
TAKE NOTICE THAT Brian Dale Switzer will receive 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.
FURTHER, TAKE NOTICE THAT Brian Dale Switzer must pay the administrative penalty no later than 30 days from the date of the invoice. If you fail 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
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Anatol Monid
Executive Director, Licensing and Market Conduct Division
By Delegated Authority from the Superintendent of Financial Services