Ar 122/2001 Insurance Agents and Adjusters Regulation

(Consolidated up to 199/2012)

ALBERTA REGULATION 122/2001

Insurance Act

INSURANCE AGENTS AND
ADJUSTERS REGULATION

Table of Contents

1Interpretation

Part 1
Insurance Agents

Classes and Levels of Certificates
of Authority

2Classes of certificate

4Ministerial restrictions

5Certificates for individuals

6Certificates for businesses

7Licence from outside Alberta

8Educational qualifications for life and accident and
sickness insurance agents

8.1Probationary general insurance agent’s
certificate of authority

9Qualifications for general insurance agents

10Designated representative

11Incompetence

Restricted Certificates

12Information provided by consumer

13Information from noninsurance transaction

14Insurance application

15Disclosure

16Loan offers

17Information certificate

18Right of rescission

Part 2
Adjusters

Levels of Certificates of Authority

19Classes of certificates

20Holding one level

Requirements

21Eligibility for certificate

22Educational qualifications and restrictions for insurance adjusters

23Operating from more than one office

24Designated representative

25Condition

Part 3
General

Cancellation, Revocation, Expiry and Suspension

25.1Restriction on renewal and reinstatement

25.2Suspension

Prescribed Matters

26Prescribed amounts

27Prescribed enterprises

Special Broker

28Condition

Continuing Education

29Continuing education program

30Continuing education requirements

31Records

32Course credit

Financial Guarantee

33Errors and omissions insurance

34Existing insurance

35Amount of insurance

36Exception to financial guarantee requirements

1

Section 41AR 122/2001

Part 4
Transitional Provisions, Repeals,
Expiry and Coming into Force

37,38Transitional

39Repeal

40Expiry

41Coming into force

Interpretation

1(1)In this Regulation,

(a)repealed AR 199/2012 s2;

(b)“Act” means the Insurance Act;

(c)“business” means a body corporate, partnership or sole proprietorship, but does not include an insurer;

(c.1)“certificate of authority” means an accident and sickness agent’s certificate of authority, a general insurance agent’s certificate of authority, an adjuster’s certificate of authority or a life insurance agent’s certificate of authority, as the case may be;

(d)“conflict of interest position” means a situation where an insurance agent or an adjuster has an incentive to act other than in the best interest of the client;

(e)“former Insurance Act” means the Insurance Act (RSA 1980 cI5);

(f)“freight forwarding company” means a corporation that carries on business offering freight forwarding services, including services related to the carriage, consolidation, storage, handling, packing or distribution of transported goods;

(g)“general insurance” means any class of property and casualty insurance, other than accident and sickness insurance;

(h)“general insurance agent” means an insurance agent for general insurance;

(i)repealed AR 199/2012 s2;

(j)“individual” does not include an individual who is the sole proprietor of a sole proprietorship;

(k)repealed AR 199/2012 s2;

(l)“personal information” means information about an identifiable individual but does not include the name, title, business address or business telephone number of the individual;

(m)“property and casualty insurance” means any class of insurance other than life insurance;

(n)“restricted certificate” means a restricted insurance agent’s certificate of authority issued under section 454 of the Act;

(o)“sales finance company” means a corporation, other than a financial institution, that provides consumer loans, and, for the purposes of this Regulation, a corporation that provides or arranges to provide credit;

(p)repealed AR 144/2011 s4.

(2)In subsections (3) and (5),

(a)“creditor’s group insurance” means insurance effected by a creditor whereby the lives or wellbeing or the lives and wellbeing of a number of its debtors are insured severally under a single contract;

(b)“group travel insurance” means travel insurance effected by an entity named pursuant to section 454 of the Act.

(3)The following are prescribed contracts of group insurance for the purposes of the definition of insurance agent under section 1(bb)(v) of the Act:

(a)creditor’s group insurance;

(b)group travel insurance.

(4)Without limiting the generality of section 5(1)(f) or (2)(d), an individual is deemed to be in a position to use coercion or undue influence in order to control, direct or secure insurance business if the individual is an officer, employee or independent contractor of a deposittaking institution other than a special purpose trust company within the meaning of the Loan and Trust Corporations Act or sales finance company, unless the individual is acting under a restricted certificate.

(5)In sections 14 and 15, “creditrelated insurance” means

(a)creditor’s group insurance, or

(b)insurance effected by a creditor against the risk of default by a debtor due to involuntary loss of employment.

(6)In Part 2, a reference to an Associate or Fellow of the Insurance Institute of Canada, includes a Chartered Insurance Professional or a Fellow Chartered Insurance Professional, as the case may be.

(7)Repealed AR 94/2006 s2.

AR 122/2001 s1;196/2005;94/2006;144/2011;199/2012

Part 1
Insurance Agents

Classes and Levels of Certificates
of Authority

Classes of certificate

2(1)The following classes of insurance agent’s certificates of authority are established for individuals and businesses:

(a)life insurance;

(b)accident and sickness insurance;

(c)general insurance.

(1.1)Repealed AR 199/2012 s3.

(1.2)The following levels within the general insurance class of insurance agent’s certificates of authority are established for individuals:

(a)probationary;

(b)level 1;

(c)level 2;

(d)level 3.

(2)Repealed AR 199/2012 s3.

(3)A holder of an insurance agent’s certificate of authority must comply with the limits, restrictions, terms and conditions imposed on the class or level of certificate of authority and may act as an insurance agent only for the class of insurance authorized by the certificate.

(4)No individual may hold more than one level of insurance agent’s certificate of authority in each class.

(5)A general insurance agent’s certificate of authority authorizes an insurance agent to sell travel insurance.

AR 122/2001 s2;9/2003;94/2006;199/2012

2.1Repealed AR 199/2012 s4.

2.2Repealed AR 122/2001 s2.2.

3Repealed AR 199/2012 s4.

Ministerial restrictions

4The Minister may, as a condition of an insurance agent’s certificate of authority, limit the holder to the sale of a class of insurance and specified policies.

AR 122/2001 s4;94/2006

Certificates for individuals

5(1)In addition to the requirements of the Act, the requirements to be met by an individual in respect of a new insurance agent’s certificate of authority are as follows:

(a)the individual must, with respect to the class and level of certificate of authority being applied for, have passed an examination approved by the Minister and must apply for the certificate within 12 months following the passing of that examination with respect to the class and level of certificate of authority being applied for;

(b)the individual must be mentally competent;

(c)the individual must be trustworthy;

(d)the individual must not have been convicted of any offence the nature of which, in the opinion of the Minister, would render the individual unfit to receive a certificate of authority;

(e)the individual must not have the status of a conditionally discharged or undischarged bankrupt;

(f)the individual must not be in a position to use coercion or undue influence in order to control, direct or secure insurance business;

(g)the individual must not be engaged in another occupation or business that would place the individual in a conflict of interest position when acting as an insurance agent.

(2)In addition to the requirements of the Act, the requirements to be met by an individual to retain an insurance agent’s certificate of authority or for a certificate of authority that is being renewed or reinstated are as follows:

(a)the individual must have met the continuing education requirements set out in section 30;

(b)the individual must be mentally competent;

(c)the individual must not have the status of an undischarged bankrupt or, if the individual has the status of an undischarged bankrupt, the Minister is satisfied that the bankruptcy is not related to the individual’s activities as an insurance agent, as a registrant under the Securities Act, or as a mortgage broker with the meaning of the Real Estate Act;

(d)the individual must not be in a position to use coercion or undue influence in order to control, direct or secure insurance business;

(e)the individual must not have been convicted of any offence the nature of which, in the opinion of the Minister, would render the individual unfit to receive a certificate of authority;

(f)the individual must not be engaged in another occupation or business that would place the individual in a conflict of interest position when acting as an insurance agent.

AR 122/2001 s5;199/2012

Certificates for businesses

6(1)In addition to the requirements of the Act, the requirements to be met by a business in respect of a new insurance agent’s certificate of authority are as follows:

(a)the business must satisfy the Minister that the business is registered under the Business Corporations Act or under the Partnership Act, if applicable;

(b)the business must not have been convicted of any offence the nature of which, in the opinion of the Minister, would render the applicant unfit to receive the certificate of authority;

(c)repealed AR 196/2005 s3;

(d)if the business is formed or incorporated in another province or territory it must provide evidence that it is licensed in that province or territory by the appropriate licensing authority as an insurance agent.

(2)In addition to the requirements of the Act, the requirements to be met by a business to retain an insurance agent’s certificate of authority or for a certificate of authority that is being renewed or reinstated are as follows:

(a)the business must not have been convicted of any offence the nature of which, in the opinion of the Minister, would render the applicant unfit to receive the certificate of authority.

(b)repealed AR 196/2005 s3.

AR 122/2001 s6;196/2005

Licence from outside Alberta

7If an individual or business from another jurisdiction obtains an insurance agent’s certificate of authority in Alberta, and the licence issued by the appropriate licensing authority in that jurisdiction is subject to terms and conditions, the Minister may impose the same terms and conditions on the certificate of authority issued in Alberta.

Educational qualifications for life and accident and
sickness insurance agents

8(1)An individual is not eligible to apply for a life insurance agent’s certificate of authority unless within the previous 12 months the individual has met the educational requirements and passed an examination both of which have been approved by the Minister.

(2)Repealed AR 9/2003 s5.

(3)An individual is not eligible to apply for an accident and sickness certificate of authority unless within the previous 12 months the individual has met the educational requirements approved by the Minister and has passed an examination approved by the Minister.

(4)An individual who fails the examination referred to in subsection (1) or (3) is allowed to rewrite that examination more than once, but a 3rd or subsequent rewriting within a 3year period is not allowed unless a period of at least 6 months has elapsed since the date of the previous rewriting.

(5)Despite subsections (1) and (3), an individual is not required to pass an examination referred to in those subsections if

(a)the individual is not a resident of Alberta and is licensed to act as an insurance agent in the individual’s home jurisdiction for the class of insurance being applied for and provides evidence from the appropriate licensing authority of the home jurisdiction certifying that the individual has satisfactorily completed courses in life insurance or accident and sickness insurance, as the case may be, and passed an examination that is equivalent to the examination referred to in subsection (1) or (3), as the case may be, and the Minister is of the opinion that the courses and examinations are equivalent,

(b)the individual held a certificate of authority for the same class as is being applied for in the 2year period before the receipt by the Minister of the application for a certificate of authority, or

(c)the individual was licensed in another jurisdiction within the previous 12 months as an insurance agent in a class equivalent to that being applied for, is resident in Alberta, and provides evidence from the appropriate licensing authority of that jurisdiction certifying that the individual meets the course or examination requirements of clause (a).

(6)The Minister may issue an insurance agent’s certificate of authority referred to in this section, subject to any terms and conditions the Minister may impose, covering a period not exceeding 180 days to an applicant who has not written an examination referred to in subsection (1) or (3) if the applicant is

(a)the surviving spouse or surviving adult interdependent partner,next of kin or personal representative of a deceased agent who at the time of the agent’s death held a subsisting certificate of authority, or

(b)the spouse or adult interdependent partner, relative, employee, legal guardian or trustee of an insurance agent who, at the time of becoming disabled through sickness, incapacity, injury or other similar circumstances, held a subsisting certificate of authority.

AR 122/2001 s8;9/2003;93/2003;109/2003;
94/2006;199/2012

Probationary general insurance agent’s
certificate of authority

8.1(1)The holder of a probationary general insurance agent’s certificate of authority

(a)must be supervised by an individual who holds a level 2 general insurance agent’s certificate authority or who is a designated representative referred to in section 10, in accordance with standards established by the designated representative under section 10(4), and

(b)must ensure that any document relating to the application for a policy of general insurance or for any changes to a policy of insurance is countersigned by a person who holds a level 2 general insurance agent’s certificate authority or who is a designated representative referred to in section 10.

(2)A probationary general insurance agent’s certificate of authority expires on the earlier of

(a)90 days after it is issued, and

(b)the issuance of a level 1 general insurance agent’s certificate of authority.

(3)A probationary insurance agent’s certificate of authority may not be renewed.

(4)An individual is eligible to be issued a probationary general insurance agent’s certificate of authority only once.

AR 199/2012 s8

Qualifications for general insurance agents

9(1)An individual is not eligible to apply for a level 1 general insurance agent’s certificate of authority for any class of insurance unless within the previous 12 months the individual has passed the level 1 general insurance examination approved by the Minister.

(2)The holder of a level 1 general insurance agent’s certificate of authority must be supervised by an individual who holds a level 2 general insurance agent’s certificate of authority or who is a designated representative referred to in section 10, in accordance with standards established by the designated representative under section 10(4),

(3)An individual is not eligible to apply for a level 2 general insurance agent’s certificate of authority unless, within the previous 12 months,

(a)in the case of an individual who does not hold a level 1 general insurance agent’s certificate of authority, the individual has passed the level 1 general insurance examination referred to in subsection (1) and the level 2 general insurance examination approved by the Minister, and

(b)in the case of an individual who holds a level 1 general insurance agent’s certificate of authority, the individual has passed the level 2 general insurance examination referred to in clause (a).

(4)An individual is not eligible to apply for a level 3 general insurance agent’s certificate of authority unless,

(a)within the previous 36 months, the individual has held a level 2 general insurance agent’s certificate of authority for a period of at least 24 months and has, within the previous 12 months, passed the level 3 general insurance examination approved by the Minister, and

(b)the individual has responsibility for the management and supervision of the business that holds a general insurance agent’s certificate of authority.

(5)An individual who fails an examination referred to in subsection (1), (3) or (4) is allowed to rewrite that examination more than once, but a 3rd or subsequent rewriting within a 3year period is not allowed unless a period of at least 6 months has elapsed since the date of the previous rewriting.

(6)Despite subsection (1), (3) or (4), an individual is not required to pass an examination referred to in those subsections

(a)if

(i)the individual is not a resident of Alberta and is licensed to act as a general insurance agent in the individual’s home jurisdiction,

(ii)provides evidence from the appropriate licensing authority of that jurisdiction certifying that the individual has passed examinations that are equivalent to the examination referred to in subsection (1), (3) or (4), as the case may be, and

(iii)the Minister is of the opinion that the examinations referred to in subclause (ii) are equivalent,

(b)if the applicant held a certificate of authority in the same class and level as is being applied for in the 2 year period before the receipt by the Minister of the application for a certificate of authority,

(c)if the individual intends to carry on business as an insurance agent only for hail insurance or livestock insurance, or

(d)if the individual was licensed in another jurisdiction within the previous 12 months as an insurance agent in a class and level equivalent to those being applied for, is resident in Alberta, and provides evidence from the appropriate licensing authority of that jurisdiction certifying that the individual meets the examination requirement of clause (a).

(7)The Minister may issue a general insurance agent’s certificate of authority, subject to any terms and conditions the Minister may impose, covering a period not exceeding 180 days to an applicant who has not written an examination referred to in subsection (1), (3) or (4), if the applicant is

(a)the surviving spouse or surviving adult interdependent partner, next of kin or personal representative of a deceased agent who at the time of the agent’s death held a subsisting general insurance agent’s certificate of authority, or

(b)the spouse or adult interdependent partner, relative, employee, legal guardian or trustee of an insurance agent, or the representative of a committee of insurers of an insurance agent, who at the time of becoming disabled through sickness, incapacity, injury or other similar circumstances, held a subsisting general insurance agent’s certificate of authority.

AR 122/2001 s9;293/2002;109/2003;376/2003;
94/2006;144/2011;199/2012

Designated representative

10(1)This section establishes the requirements to be met by a designated representative of a business that holds an insurance agent’s certificate of authority.

(2)A designated representative of a business must

(a)be an individual,

(b)subject to subsection (3), hold an insurance agent’s certificate of authority that is of the same class as the insurance agent’s certificate of authority held by the business, and

(c)have responsibility for the management and supervision of the business.

(3)The designated representative of a business that holds a general insurance agent’s certificate of authority must

(a)hold a level 3 general insurance agent’s certificate of authority, or

(b)have established eligibility for a level 3 general insurance agent’s certificate of authority within the previous 12 months before being designated as a designated representative.

(4)A designated representative of a business that holds a general insurance agent’s certificate of authority must establish appropriate standards relating to the supervision of persons who hold a probationary or level 1 general insurance agent’s certificate of authority.

(5)In determining standards relating to the supervision of certificate holders referred to in subsection (4), the designated representative must take into account the levels of qualification, education and experience of the certificate holder, the nature of the insurance business being conducted, the requirements of the Insurance Act and any applicable regulations under the Act.

(6)A person who on the coming into force of this subsection is, or within the previous 24 months was, a designated representative of a business that holds a general insurance agent’s certificate of authority is eligible to apply for a level 3 general insurance agent’s certificate of authority without having to write the examinations referred to in section 9(4)(a).