Consensual Agreement and Undertaking (“Agreement”)
Bylaw 7(5)(3)(b) between The Complaints and Investigation Committee (“Committee)
of The General Insurance Council of Saskatchewan (“Council”)
and First Durham Insurance & Financial Ltd. (“First Durham”)
1. First Durham acknowledges and agrees that it violated Bylaws when: a) contrary to Bylaw 8(2)(g) it violated provisions of The Saskatchewan Insurance Act (“Act”), the regulations or the bylaws when they:
i. acted contrary to Schedule A, Part II(6)(1) by failing to maintain registration with ISC Corporate Registry from July 31, 2018 to February 20, 2019; a total of 204 days.
2. First Durham’s right to appear before a Discipline Committee of Council has been explained and it fully understands its rights and/or obligations under Council Bylaw 10;
3. First Durham waives its right to appear before a Discipline Committee and undertakes not to exercise any appeal rights it may have under Council Bylaw 10, Section 3 or the Act as it relates to matters set out in this Agreement.
4. This Agreement does not preclude Council from pursuing any further investigation against First Durham for future activities not identified in this Agreement that may be in violation of Council Bylaws or the Act.
5. First Durham has been advised by the Committee that it is in its interest to obtain independent legal advice before entering into this Agreement. It 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.
Consensual Agreement and Undertaking
6. First Durham hereby affirms that it has read and understands the terms of this Agreement and are signing it voluntarily and of its own free will.
First Durham, having waived their 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 First Durham the payments of $580 as full and final resolution of this violation of Council’s Bylaws as outlined in this Agreement.
2. The Committee further agrees to take no further action against First Durham for the acknowledged violations of Council’s Bylaws that are set out in this Agreement.
Dated at Pickering , in the province of, Ontario (Town/City) Originally signed by Bryan Yetman, President Signature On behalf of First Durham Insurance & Financial Ltd.
Dated at Saskatoon , in the province of, Saskatchewan , this 16th day of (Town/City) 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 10th day of (Town/City) Originally signed by Anne Parker, Co-Chair, Complaints and Investigation Committee General 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.
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First Durham Insurance & Financial Ltd.
, this 29th day of August , 2019 (Month) (Year) Print name and title
September , 2019 (Month) (Year)
October , 2019 (Month) (Year)