Consensual Agreement and Undertaking (“Agreement”) Bylaw 7(5)(3)(b)
between The Complaints and Investigation Committee (“Committee”)
of The Life Insurance Council of Saskatchewan (“Council”)
and Nannette Villanueva Britanico (“Britanico”)
1. Britanico acknowledges and agrees that she violated Council Bylaws when: a) contrary to Bylaw 8(2)(d) she failed to exercise due diligence, resulting in a material misstatement in an application for licence or report to continue a licence when:
i. she failed to disclose on her initial licence application January 27, 2015, and on her 2016, 2017, 2018 and 2019 Life including Accident and Sickness (“Life A&S”) Online Annual Reporting Form (“OARF”) that she had a 2006 and 2011 Consumer Proposal;
ii. on February 18, 2017, January 5, 2018 and December 17, 2018, she declared all statements and answers on the application were true and correct on her Life A&S OARF’s; and,
b) contrary to Bylaw 8(2)(g) a licensee may be guilty of misconduct if the licensee: i. violates any provision of the Act, the regulations or the bylaws such as Bylaw 2(1)(4)(c)(iv) failing to notify Council of an act of bankruptcy.
2. Britanico’s rights to appear before a Discipline Committee of Council have been explained to her and she fully understand her rights and/or obligations under Council Bylaw 10.
3. Britanico waives her right to appear before a Discipline Committee and undertakes not to exercise any appeal rights Britanico may have under Council Bylaw 10(3) or the Act as it relates to matters set out in this Agreement.
4. This Agreement does not preclude Council from pursuing any other investigation against Britanico for activities not identified in this Agreement that may be in violation of Council Bylaws or the Act.
5. Britanico has been advised by the Committee that it is in her interests to obtain independent legal advice before entering into this Agreement.
Consensual Agreement and Undertaking
a) She has obtained such independent legal advice and are satisfied with the same, prior to executing this Agreement, or
b) She has willingly chosen not to obtain such advice prior to executing this Agreement. 6. Britanico hereby affirm that she has read and understands the terms of this Agreement and is signing it voluntarily and of her own free will.
Britanico having waived her rights, undertakes to: Pay all fines and investigative costs within 30 days of receipt of this Agreement, totaling $580. The Committee’s Agreement: 1. The Committee agrees to accept from Britanico the payment of $580 as full and final resolution of this violation of Council’s Bylaws as outlined in this Agreement; and,
2. The Committee further agrees to take no further action against Britanico for the acknowledged violations of Council’s Bylaws that are set out in this Agreement.
Dated at North York , in the province of, Ontario (Town/City) Originally signed by Nannette Villanueva Britanico
Dated at Saskatoon , in the province of, Saskatchewan , this 26 day of (Town/City) Originally signed by Roderick Baxter, Co-Chair, Complaints and Investigation Committee Life Insurance Council of Saskatchewan
Dated at Saskatoon , in the province of, Saskatchewan , this 26 day of (Town/City) Originally signed by Stacy Hnatiuk, Co-Chair, Complaints and Investigation Committee Life Insurance Council of Saskatchewan
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 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.
2
Nannette Villanueva Britanico
, this 14 day of June , 2019 (Month) (Year)
June , 2019 (Month) (Year)
June , 2019 (Month) (Year)