Disciplinary Process

Council exercises its authority to discipline licensees in order to deter and penalize misconduct, educate stakeholders on requirements, and maintain the public's confidence in Council as a regulator. Find information about Council's disciplinary process and pending hearings.

Each investigation is unique and investigation timelines vary.  Council is committed to updating complainants every 60 days on the progress of an investigation. The person under investigation is updated on the progress as is reasonable in the circumstances.

More information on Council's investigation process can be found here.

Generally, no.  Investigations are sensitive matters and Council must protect the privacy of those involved.

If an insurance licensee breaches a requirement, Council can initiate disciplinary proceedings.  As licensees have the right to due process, proceedings can sometimes take several months.

If Council determines there is public risk in a matter, it can take immediate action against a licensee in the interests of the public.

Yes, if an insurance licensee is subject to discipline, Council will charge investigation costs to the licensee. 

More information on Council’s investigation and hearing costs policy can be found here.

If a licensee disagrees with an intended decision of Council, the licensee can request a hearing before Council on the matter.  Final decisions of Council can be appealed to the Financial Services Tribunal within a strict timeline subject to any appeal application fees of the tribunal.

More information about the tribunal can be found here

If an insurance licensee disagrees with an intended decision of Council (or immediate action taken by Council), a hearing can be requested within a specific timeline. 

Council is required to hold a hearing within a reasonable period of time and hearings are open to the public unless exceptional circumstances exist. Hearings are usually held at Council’s office.

No, there is no cost to request a hearing.  However, licensees are responsible for their own hearing related costs, such as legal fees if they choose to be represented by legal counsel.

Licensees may also be required to pay Council’s hearing costs, which can include legal fees incurred by Council, the cost of a court reporter, and costs incurred by the Hearing Committee. 

More information on Council’s investigation and hearing costs policy can be found here.

Council’s lawyer will contact the licensee to arrange a hearing date and discuss the hearing process.  A Notice of Hearing is published on Council’s website at least 14 days before the hearing.  Hearings may take one or more days depending on the nature of the matter.  Hearings are recorded by a court reporter.
Council appoints a Hearing Committee for each hearing.  The Committee must consist of at least three Council members. The Chair of the Committee must be a voting Council member and the other members may be a voting Council member or a non-voting Council member. Council members are appointees of the provincial government. They are not employees of Council.

Yes, in many ways it is.  It is a formal process where evidence is introduced and licensees and/or witnesses are examined and cross-examined. 

More information on Council’s hearing process can be found here.

The Committee deliberates to consider the matter, prepares a report, and then presents the report to the voting members of Council who decide on the outcome.  This process usually takes several months.  Council’s final decision is then issued in writing to the licensee and published on Council’s website as well as the Canadian Insurance Regulators Disciplinary Actions (CIRDA) website.

Yes, they can appeal Council’s final decision to the Financial Services Tribunal within a strict timeline subject to any appeal application fees of the tribunal.

More information about the tribunal and its processes can be found here.