CONSENSUAL AGREEMENT AND UNDERTAKING (“Agreement”)
Between
THE MARKET PRACTICES COMMITTEE (the “Committee”) of
THE GENERAL INSURANCE COUNCIL OF SASKATCHEWAN (“Council”)
And Shawn Wasylenko, Designated Representative (“DR”) for Rayner Agencies Ltd. a/o/a Onsurance Insurance Services (the “Agency”)
The Agency, through its designated representative Shawn Wasylenko (the “DR”), acknowledges and agrees that it received the Notice regarding a Proposed Action, pursuant to section 10-11 of The Insurance Act (the “Act”), and the reasons therefor from Council, dated May 12, 2022.
The DR acknowledges and agrees that he is guilty of misconduct and that he violated Council Bylaws as follows:
Bylaw 4-1(2)(s) when he violated Bylaw 3-1(4)(c)(v) by failing to immediately notify Council of the withdrawal of the licence recommendation for an agent.
The DR acknowledges and agrees that: a. His right to make a written submission to or appear before the Committee at an oral hearing to make representations as to why this action should not be taken has been explained and that he fully understands his rights and/or obligations.
Consensual Agreement and Undertaking Shawn Wasylenko, Designated Representative Rayner Agencies Ltd. a/o/a Onsurance Insurance Services
b. The DR waives his right to make a written submission to the Committee or to appear before the Committee at an oral hearing and chooses to resolve this matter by way of this Agreement and accordingly waives any right of appeal with respect to this action.
c. This Agreement does not preclude the Council from pursuing any other investigation and/or sanctions against the DR for activities not identified in this Agreement that may be in violation of the Act, The Insurance Regulations or Council Bylaws.
d. The DR has been advised that it is in his best interest to obtain independent legal advice before entering into this Agreement. The DR has either:
a. obtained such independent legal advice prior to executing this Agreement; or b. has willingly chosen not to obtain such advice prior to executing this Agreement. e. The DR hereby affirms that he has read and understands the terms of this Agreement and is signing it voluntarily on behalf of the Agency.
The DR, having waived his rights, accepts and undertakes to fulfill the sanctions imposed by the Committee as follows:
a. Pay a penalty in the amount of $500.00.
b. Pay the costs of investigation in the amount of 4 hours x $110.00 per hour = $440.00
c. Pay the fine and costs of investigations (for a total of $940.00) within 30 days from the date of receipt of this Agreement.
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Consensual Agreement and Undertaking Shawn Wasylenko, Designated Representative Rayner Agencies Ltd. a/o/a Onsurance Insurance Services
The Committee’s Agreement: Upon fulfillment of the sanctions imposed, the Committee agrees this will be the full and final resolution of the violations of The Insurance Regulations and Council’s Bylaws by the DR as outlined in this Agreement.
________ O __ r _ i _ g _ i _ n _ a _ l _ ly __ S __ ig __ n _ e _ d __ b __ y _ _ S _ h _ a _ w __ n _ _ W __ a __ s _ y _ le __ n _ k _ o ________ __________M__a_y__ 1__9_, _2_0__2_2________________ Signature of the DR Date
______________S_h__a_w__n_ _W__a_s_y_l_e_n__k_o_________________________ ___________M__a_y_ _1_9_,_ _2_0_2__2_______________ Name of the DR (please print) Date
__________O__r_ig__in__a_l_ly_ _S_i_g_n__e_d_ _b_y__ A__n_n__e_ P__a_r_k_e_r_ _f_o_r_:________ ____________M__a_y_ _2_5_,_ _2_0_2_2_______________ THE MARKET PRACTICES COMMITTEE Date General Insurance Council of Saskatchewan
Penalties affecting insurance intermediary’s licence
5-39(3) If a penalty imposed against a holder of an insurance intermediary’s licence pursuant to subsection (2) is not paid within 30 days after the holder is served with the written notice of the penalty and the decision of the Superintendent is not appealed, the licence is automatically suspended immediately following the last date for paying the penalty or appealing the decision, whichever is later, and remains suspended until the penalty is paid or the licence expires.
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