Consensual Agreement and Undertaking Between The Complaints and Investigation Committee of the General Insurance Council of Saskatchewan
and Kenton Brian Jones
The Committee is authorized under Bylaw 7, Section 5, subsection 3, subparagraph (b), to enter into consensual resolutions of complaints.
The Committee is authorized under Bylaw 5, Section 1, subsection 1 to record on the register the existence of all disciplinary decisions or orders, court orders of suspension, alternative dispute resolution agreements, undertaking and mediation agreements in accordance with council policy. Disciplinary actions as described above are reported in the Insurance Councils of Saskatchewan website and the Canadian Insurance Regulators Disciplinary Actions (CIRDA) database.
Kenton Brian Jones (Jones) acknowledges and agrees that: 1. He holds a Saskatchewan resident All Classes other than Life Insurance License. 2. Contrary to Bylaw 2, Section 1, subsection 4(c)(ii) he failed to notify council within 30 days of the commencement of any professional, occupational or regulatory body proceedings involving the licensee; and as such violated Bylaw 8(2)(g) violates any provision of the Act, the regulations or the bylaws.
He failed to notify Council that SGI Auto Fund Division had suspended him indefinitely as a result of his breech of their privacy protocol.
3. Contrary to Bylaw 8, Section 2, subsection (m) he failed to protect a consumer’s personal information or divulged personal information about a consumer unless authorized to do so by the consumer or as required by law.
He gave a customer’s personal information to a third party without the consent of the customer.
Page 2 – Kenton Brian Jones 4. His rights to appear before a Discipline Committee of Council have been explained to him and he fully understands his rights and obligations under the Council Bylaw 10.
5. He waives his rights to appear before a Discipline Committee of Council and undertakes not to exercise any appeal rights he may have under Council Bylaw 10, Section 3 or The Saskatchewan Insurance Act (the Act), Section 466.1 (7.1), as it relates to matters set out in this Consensual Agreement and Undertaking (Agreement).
6. He has been advised by the Complaints and Investigations Committee (the Committee) that it is in his interests to obtain independent legal advice before entering into this Agreement.
7. This Agreement does not preclude the Committee from pursuing any other investigation against him for activities not identified in this Agreement that may be in violation of Council Bylaws or the Act.
Jones, having waived his rights undertakes to: Pay a fine in the amount of $2000.00 for contravention of Council Bylaw 8, Section 2 subsection (m);
Accept a six (6) month suspension of his All Classes other than Life Insurance license. This suspension will commence February 01 2015 and be in effect up to and including July 31 2015; and
Reimburse Council for the Committee’s investigation costs in the total amount of $770.00
The Committee’s Agreement: The Committee agrees to accept as full and final resolution to the acknowledged violations of the Council Bylaws as set out in this Agreement the following:
a. payment to Council a fine in the total amount of $2000.00; and b. suspension of Jones’ All Classes other than Life Insurance License for a period of six (6) months. This suspension will commence February 01 2015 and be in effect up to and including July 31 2015; and
c. payment to Council of the Committee investigation costs in the total amount of $770.00.
Page 3 – Kenton Brian Jones Dated at Regina, in the Province of Saskatchewan, this 21st day of January 2015. Original Signed by Kenton Brian Jones
Dated at Saskatoon, in the Province of Saskatchewan, this 2nd day of February 2015. Original Signed by Laureen Major Chairperson, Complaints and Investigation Committee General Insurance Council of Saskatchewan