Consensual Agreement and Undertaking Between The Complaints and Investigation Committee of The General Insurance Council of Saskatchewan (“the Committee”)
and Douglas Blaire Trapp
The Committee is authorized under Bylaw 7, Section 5, subsection 3, subparagraph (b), to enter into consensual resolutions of complaints.
Bylaw 5, Section 1, subsection 1 reads: “The administrator shall, in addition to the requirements for the contents of a register required by the Act and the regulations, record on the register the existence and results of all disciplinary decisions or orders, court orders, alternative dispute resolution agreements, undertakings and mediation agreements involving a licensee or a person to whom the General Insurance Council of Saskatchewan (Council) has the authority to issue a licence.” Disciplinary actions as described are reported on the Insurance Councils of Saskatchewan website and the Canadian Insurance Regulators Disciplinary Actions (CIRDA) database.
Douglas Blaire Trapp (“Mr. Trapp”) acknowledges and agrees that: 1. He violated Council Bylaws when: A. Contrary to Bylaw 8, Section 2 (d) he failed to exercise due diligence, resulting in a material mis-statement in an application for a licence or report to continue a licence;
• When he made a material mis-statement on his personal 2016 Online Annual Reporting Form; and
• When on behalf of Mainline Insurance Brokers Inc. he made a material misstatement on the agency’s 2015 Online Annual Reporting Form.
Consensual Agreement and Undertaking Douglas Blaire Trapp
B. Contrary to Bylaw 8, Section 2 (g) a licencee may be guilty of misconduct if the licencee: violates any provisions of the Act, the regulations or the bylaws;
i. As per Bylaw 2, Section 1, subsection (4)(c)(ii) he failed to notify Council within 30 days of the commencement of any criminal proceedings involving the licencee.
2. His rights to appear before a Discipline Committee of Council have been explained to him and he fully understands his rights and/or obligations under Council Bylaw 10;
3. Mr. Trapp waives his rights to appear before a Discipline Committee and undertakes not to exercise any appeal rights he may have under Council Bylaw 10, Section 3 or The Saskatchewan Insurance Act, (the Act), as it relates to matters set out in this Consensual Agreement and Undertaking (Agreement).
4. This Agreement does not preclude Council from pursuing any future investigation against Mr. Trapp for future activities not identified in this Agreement that may be in violation of Council Bylaws or the Act.
5. Mr. Trapp has been advised by the Committee that it is in his interests to obtain independent legal advice before entering into this Agreement. He has either:
a) obtained such independent legal advice and is satisfied with the same, prior to executing this Agreement, or
b) willingly chosen not to obtain such advice prior to executing this Agreement. 6. Mr. Trapp hereby affirms that he has read and understood the terms of this Agreement, and has signed it voluntarily and of his own free will.
Mr. Trapp, having waived his rights, undertakes to: 1. Pay a fine in the amount of $750.00 2. Reimburse Council’s investigation costs in the amount of $440.00 3. Pay all fines and investigative costs within 30 days of receipt of this Agreement. The Committee’s Agreement: 1. The Committee agrees to accept from Mr. Trapp the payment of $1,190.00 as full and final resolution of the violations of Council’s Bylaws as outlined in this Agreement; and
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Consensual Agreement and Undertaking Douglas Blaire Trapp
2. The Committee further agrees to take no further action against Mr. Trapp for the acknowledged violations of Council’s Bylaws that are set out in this Agreement.
Dated at White City , in the province of, Saskatchewan , this 21st day of September , 2017. Originally Signed by Douglas Blaire Trapp
Dated at Saskatoon , in the province of, Saskatchewan , this 27th day of September , 2017. Originally Signed by Laureen Major, Co-Chair, Complaints and Investigation Committee General Insurance Council of Saskatchewan
Dated at Regina , in the province of, Saskatchewan , this 28th day of September , 2017. Originally Signed by Anne Parker, Co-Chair, Complaints and Investigation Committee General Insurance Council of Saskatchewan
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