CONSENSUAL AGREEMENT AND UNDERTAKING (“Agreement”)
Between THE MARKET PRACTICES COMMITTEE (“Committee”) of
THE GENERAL INSURANCE COUNCIL OF SASKATCHEWAN (“Council”)
And Diane Vivian St Marie (“Licensee”) With Westland Insurance Group Ltd. o/a Westland MyGroup (“Agency”)
The Licensee acknowledges and agrees that she 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 February 10, 2023.
The Licensee acknowledges and agrees that she is guilty of misconduct by violating the following sections of the Act and Council Bylaws:
The Licensee acted as insurance agent in Saskatchewan during the period of June 8, 2022 to October 11, 2022 when she did not hold a licence through Council to do so, which is a violation of the Act, section 5-4(2)(a) and Bylaw 4-1(1)(c) which state:
The Act: Insurance agent’s licence required
5-4(2) No individual shall act or offer to act as an insurance agent with respect to a class of insurance unless the individual:
(a) is an employee or independent contractor of a business or partner of a partnership that holds a valid insurance agent’s licence for that class of insurance and the individual holds a valid insurance agent’s licence for that class of insurance.
Consensual Agreement and Undertaking Diane St Marie Westland Insurance Group Ltd. o/a Westland MyGroup
Bylaw 4-1 (1) For the purposes of the Act, the regulations and these bylaws, professional misconduct is a question of fact but includes any matter, conduct or thing, whether or not disgraceful or dishonorable that:
(c) is a breach of the Act, the regulations or these bylaws.
The Licensee acknowledges and agrees that: a. Her right to make a written submission to, or appear before the Committee at an oral hearing, as to why this action should not be taken, has been explained to her and that she fully understands her rights and/or obligations.
b.
c.
d.
e.
She waives her 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.
This Agreement does not preclude the Council from pursuing any other investigation and/or sanctions against her for activities not identified in this Agreement that may be in violation of the Act, The Insurance Regulations (“the regulations”) or Council Bylaws.
She has been advised that it is in her best interest to obtain independent legal advice before entering into this Agreement, and she has either:
i. obtained such independent legal advice prior to executing this Agreement; or, ii. has willingly chosen not to obtain such advice prior to executing this Agreement. She hereby affirms that she has read and understands the terms of this Agreement and is signing it voluntarily and of her own free will.
The Licensee having waived her rights, accepts and undertakes to fulfill the sanctions imposed by the Committee as follows:
1. 2.
3.
4.
The Licensee enter into a Consensual Agreement and Undertaking (“Agreement”). The Licensee pay the following fine:
Bylaw 4-1(1)(c)
$500 for violating section 5-4 (2)(a) of the Act
Costs of investigation: 4 hours at $110 per hour = $440
Total fines and costs of investigation: $500 + $440 = $940
$500
For a total of: $500
5.
Consensual Agreement and Undertaking Diane St Marie Westland Insurance Group Ltd. o/a Westland MyGroup
Fines and costs of investigation must be paid within 30 days of the acceptance of the Agreement.
The Committee’s Agreement: Upon fulfillment of the sanctions imposed, the Committee agrees this to be the full and final resolution of the violations of Council’s Bylaws by the Licensee as outlined in this Consensual Agreement and Undertaking
_________O_r_i_g_i_n_a__ll_y_ s__ig__n_e_d__ b__y_:_____________________________ _____M__a__rc_h__ 7__, _2_0__2_3____________________ Diane Vivian St Marie Date
________ O __ r _ ig __ in __ a _ l _ ly _ _ s _ i _ g _ n _ e __ d _ _ b _ y _ _ L _ a _ u __ re __ e _ n _ _ M __ a _ j _ o _ r _ _ f _ o _ r _ : _________ ______M__a_r_c_h__ 7__, _2_0_2__3___________________ 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.