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 PTZ Insurance Services Ltd. (“PTZ”)
1. PTZ acknowledges and agrees that they violated Council Bylaws when: a) contrary to Bylaw 8(2)(d) they failed to exercise due diligence, resulting in a material misstatement in an application for licence or report to continue a licence when:
i. they failed to disclose on their 2017 All Classes other than Life (“All Classes”) Online Annual Reporting Form (“OARF”) that they had been investigated by the Insurance Council of Manitoba; and,
ii. on October 25, 2017, they declared all statements and answers on the application were true and correct;
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 by failing to follow: Bylaw 2 Section 1. (4) A licence imposes on the licensee obligations including but not limited to the following:
(c) to notify council within 30 days of: (ii) the commencement of any professional, occupational or regulatory body proceedings involving the licensee; and,
c) contrary to Bylaw 8(2)(q) they failed to follow sound business practices, in that they failed to have a system in place to notify Council of certain matters in accordance with the Bylaws.
Consensual Agreement and Undertaking
2. PTZ’s right to appear before a Discipline Committee of Council has been explained to them and they fully understand their rights and/or obligations under Council Bylaw 10.
3. They waive their right to appear before a Discipline Committee and undertake not to exercise any appeal rights they 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 them for activities not identified in this Agreement that may be in violation of Council Bylaws or the Act.
5. PTZ has been advised by the Committee that it is in their interest to obtain independent legal advice before entering into this Agreement.
a) They have obtained such independent legal advice and are satisfied with the same, prior to executing this Agreement, or
b) They have willingly chosen not to obtain such advice prior to executing this Agreement. 6. PTZ hereby affirms that they have read and understood the terms of this Agreement and are signing it voluntarily and of their own free will.
PTZ having waived its rights, undertakes to: 1. Pay a fine in the amount of $1000 and costs of investigation in the amount of $550. 2. Pay all fines and investigative costs of $1550, within 30 days of receipt of this Agreement. The Committee’s Agreement: 1. The Committee agrees to accept from PTZ the payment of $1550 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 PTZ for the acknowledged violations of Council’s Bylaws that are set out in this Agreement.
Dated at Oakville , in the province of, Ontario (Town/City) (Province/State) Originally signed by Harpreet K. Sidho, Corporate Secretary Signature On behalf of PTZ Insurance Services Ltd.
2
PTZ Insurance Services Ltd.
, this 19th day of September , 2019 (Month) (Year) Print name and title
Consensual Agreement and Undertaking
Dated at Saskatoon , in the province of, Saskatchewan , this 2nd day of (Town/City) (Province/State) 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) (Province/State) 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.
3
PTZ Insurance Services Ltd.
October , 2019 (Month) (Year)
October , 2019 (Month) (Year)