Disciplinary Process

10‑11(1) In this section, “action” means the Superintendent:

(a) refusing to issue a licence;

(b) amending terms or conditions imposed on a licence;

(c) imposing new terms or conditions on a licence;

(d) suspending or cancelling a licence;

(e) revoking a class of insurance; or

(f) doing any other thing that this Act specifies is subject to this section.

(2) Before taking an action, the Superintendent shall serve notice on the person who is the subject of the proposed action:

(a) setting out the action proposed to be taken by the Superintendent and the reasons for that action; and

(b) informing the person of the person’s right to make representations to the Superintendent on why the action should not be taken.

(3) A person on whom a notice is served pursuant to subsection (2) may, within 15 days after being served, advise the Superintendent that:

(a) the person requests an oral hearing; or

(b) the person intends to make written representations to the Superintendent respecting why the action should not be taken.

(4) A person requesting an oral hearing pursuant to clause (3)(a) shall, within seven days after requesting the hearing, contact the Superintendent and arrange a date, time and place for the hearing.

(5) Written representations pursuant to clause (3)(b) must be received by the Superintendent within 30 days after the person is served with the notice pursuant to subsection (2).

(6) The Superintendent may take the actions stated in the notice without considering any representations of the person if the person fails to:

(a) advise the Superintendent in accordance with subsection (3);

(b) meet the requirements of subsection (4) or (5) within the required time; or

(c) appear on the date and at the time and place arranged for the hearing without the prior approval of the Superintendent.

(7) Nothing in this section requires the Superintendent to give an oral hearing to any person who has made written representations in accordance with this section.

(8) Notwithstanding subsection (2), if the Superintendent considers that it is necessary and in the public interest to take immediate action, the Superintendent may immediately take any action without giving the person an opportunity to be heard, but the Superintendent shall give the person an opportunity to make written representations or attend a hearing before the Superintendent within 15 days after the date on which the Superintendent takes the action.

(9) If, with respect to any matter, the Superintendent has made a temporary order pursuant to subsection 9‑23(4) or has made an order or decision as a result of taking an action pursuant to subsection (8), that order or decision remains in force until the Superintendent makes a final decision respecting that matter pursuant to this section.327

(10) On holding a hearing or receiving a person’s written representations pursuant to this section, the Superintendent shall, within a reasonable period:

(a) consider the submissions and make a decision;

(b) notify the person, in writing, of the Superintendent’s decision;

(c) provide written reasons for the Superintendent’s decision; and

(d) provide the person with information respecting the right of appeal pursuant to this Part.

(11) If a person fails to provide written representations, request a hearing or attend a hearing, the Superintendent may make any order that the Superintendent considers appropriate.

2015, c.I-9.11, s.10-11.

10‑12(1) If something is required to be done pursuant to this Act or the regulations within a certain period, the Superintendent may, on written application of the person who must do the thing made before the expiration of the period, extend the time within which the thing must be done.

(2) Anything done at or within the time specified in an order pursuant to subsection (1) is valid as if it had been done at or within the time fixed by or pursuant to this Act or the regulations.

2015, c.I-9.11, s.10-12.

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.

2015, c.I-9.11, s.3-39.

10‑34(1) A decision or order made by an insurance council or a committee of an insurance council pursuant to Part V may be appealed to the appeal panel by:

(a) an applicant who has been refused a licence or endorsement if the Superintendent’s powers to issue or refuse a licence have been delegated to the insurance council;

(b) an applicant or licensee whose licence or endorsement is made subject to any limitation, restriction, term or condition or any new, additional or amended limitation, restriction, term or condition if the Superintendent’s powers to impose limitations, restrictions, terms and conditions on licences or endorsements have been delegated to the insurance council;

(c) an applicant who has been refused reinstatement of a licence or an endorsement if the Superintendent’s powers to reinstate licences or endorsements have been delegated to the insurance council;

(d) a licensee whose licence has been suspended or cancelled if the Superintendent’s powers to suspend or cancel licences or endorsements have been delegated to the insurance council; or

(e) a person required to pay a penalty or costs assessed in accordance with the regulations.

 (2) A notice of appeal must be in writing and must be served on the insurance council and the Superintendent and filed with the chairperson of the Authority within 30 days after the date of the insurance council’s decision or order.  

2015, c.I-9.11, s.10-34.

Chairperson, Financial and Consumer Affairs Authority

c/o Superintendent of Insurance

Insurance and Real Estate Division

Suite 601, 1919 Saskatchewan Drive

Regina, Saskatchewan S4P 4H2

Phone: (306) 787-6700  Fax: (306) 787-9006

Email: fid@gov.sk.ca

5‑40(1) If an insurance council acts pursuant to section 5‑39 or 5‑64 of the Act, the insurance council is authorized to order:

(a) that the licensee pay to the Insurance Council of Saskatchewan within a fixed period:

(i) the penalty imposed pursuant to section 5‑39 or 5‑64 of the Act; and

(ii) the costs of the investigation and hearing into the licensee’s conduct and related costs, including the expenses of any investigation or enforcement committee established pursuant to the bylaws and the costs of legal services and witnesses; and

(b) if a licensee fails to make payment in accordance with an order pursuant to clause (a), that the licensee’s licence be suspended.

(2) Section 10‑11 of the Act applies, with any necessary modification, to any action by an insurance council pursuant to this section.

(3) An insurance council shall inform the licensee of the licensee’s right pursuant to section 10‑34 of the Act to appeal the decision or order made by the insurance council or a committee of the insurance council to the appeal panel.

7 Jly 2017 c I-9.11 Reg 1 s5-40.

5‑41 Immediately after acting pursuant to section 5‑39 or 5‑64 of the Act, an insurance council shall:

(a) publish the order and the reasons for the order on the website of the Insurance Council of Saskatchewan; or

(b) if, in the opinion of the insurance council, it is not in the public interest to publish the order, notify the Superintendent of the order, the reasons for the order and the reasons for the decision not to publish the order.

7 Jly 2017 c I-9.11 Reg 1 s5-41.