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The Insurance Amendment Act

This is an unofficial version.
If you need an official copy, contact Statutory Publications.

S.M. 2000, c. 40

THE INSURANCE AMENDMENT ACT


 

(Assented to August 18, 2000)

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

C.C.S.M. c. I40 amended

1         The Insurance Act is amended by this Act.

2         Subsection 8(1) is repealed and the following is substituted:

Immunity of superintendent and insurance council

8(1)      No action or other proceeding may be brought against the superintendent, or against an insurance council established under section 396.1 or a member or employee of an insurance council,

(a) for anything done in good faith in the exercise or intended exercise of a power or in the performance or intended performance of a duty under this Act; or

(b) for any neglect or default in the exercise of a power or the performance of a duty in good faith under this Act.

3         Clause 9(1)(b) is repealed.

4         Section 35 is repealed and the following is substituted:

Issue of licence

35        The superintendent may issue a licence to an insurer that has complied with this Act and The Corporations Act.

5         Section 37 is repealed.

6         Section 40 is amended by striking out "the deposit, or".

7         The centred heading before section 42 and sections 42 to 51 are repealed.

8         Section 52 is repealed and the following is substituted:

HEAD OFFICE

Changing head office

52        An insurer whose head office is situated in Manitoba shall not change the situation of the head office to another province without the consent of the minister.

9         Sections 53 to 75 are repealed.

10        Section 99 is amended

(a) in subsection (2), by striking out everything after "assets of the insurer"; and

(b) by repealing subsection (3).

11        The following is added after section 100:

Definitions

100.1     In sections 101, 103, 105 and 106,

"insured person" means

(a) a person who enters into a subsisting contract of insurance with an insurer,

(b) a person insured by a contract of insurance, whether named or not,

(c) a person to whom, or for whose benefit, all or part of the proceeds of a contract of insurance are payable, and

(d) a person entitled to have insurance money applied toward satisfaction of his or her judgment in accordance with section 258; (« personne assurée »)

"loss" includes the happening of an event or contingency by reason of which a person becomes entitled to a payment under a contract of insurance of money other than a refund of unearned premiums; (« sinistre »)

"Manitoba contract" means a subsisting contract of insurance that

(a) has for its subject

(i) property that, at the time of the making of the contract, is in the province or is in transit to or from the province, or

(ii) the life, safety, fidelity or insurable interest of a person who, at the time of the making of the contract, is resident in, or has its head office in, the province, or

(b) makes provision for payment primarily to a resident of the province or to an incorporated company that has its head office in the province. (« contrat du Manitoba )

12        Section 101 is amended

(a) in subsection (1), by striking out ", before any order granting administration of the deposit and before the fixing of a termination date pursuant to section 103,";

(b) in subsection (2),

(i) in clause (a), by striking out "other than the deposit" wherever it occurs, and

(ii) by repealing clause (b);

(c) by repealing subsection (3); and

(d) in subsection (5), by striking out", together with all or such portion, if any, of the deposit as may be agreed upon pursuant to subsection (3),".

13        Section 102 is repealed and the following is substituted:

Payment of costs of liquidator or provisional liquidator

102       The amount payable to the liquidator or the provisional liquidator for the winding-up of the insurer, and all costs and expenses incurred by him or her in the winding-up, shall be paid from, and shall be a first charge on, the assets of the insurer, except as provided in subsection 97(3).

14        Subsection 103(3) is repealed.

15         Subsection 105(2) is amended by striking out everything after "dates".

16        Section 353 is amended

(a) by adding "and" at the end of clause (a); and

(b) by repealing clauses (b) to (d).

17(1)     Subsection 370(2) is amended by striking out "The application" and substituting "Subject to subsection (2.1), the application".

17(2)     The following is added after subsection 370(2):

Exception re approval

370(2.1)  The Lieutenant Governor in Council may by regulation

(a) exempt

(i) certain classes of applicants for insurance agent licences, or

(ii) applicants for certain kinds of insurance agent licence,

from the operation of subsection (2);

(b) make an exemption under clause (a) subject to conditions;

(c) make

(i) certain classes of applicants for insurance agent licences, or

(ii) applicants for certain kinds of insurance agent licence,

subject to other approval requirements.

17(3)     Subsection 370(3) is repealed and the following is substituted:

Who may approve

370(3)    Except as provided in the regulations, the approval required under subsection (2) may be given by one of the following persons:

(a) an authorized person employed in the head or branch office of the insurer;

(b) the insurer's manager, branch manager or general agent in Manitoba;

(c) the insurer's chief agent in Canada.

Duty of care of person or insurer giving approval

370(3.1)  No person or insurer who for the purposes of subsection (2) is authorized under this Act to approve a licence application shall recommend the applicant for an insurance agent licence unless the person or the insurer has implemented reasonable screening procedures to determine if the applicant is a suitable person to receive the licence.

17(4)     Subsections 370(4) and (5), as enacted by R.S.M. 1987, c. I40, are repealed and the following is substituted:

Proof of liability insurance required on application

370(4)    Every application made under subsection (1) for an insurance agent licence shall be accompanied by proof satisfactory to the superintendent of the existence of the liability insurance policy required under subsection 371(1.1).

18(1)     Subsection 371(1) is amended by striking out "and payment" and substituting "accompanied by proof of the existence of a liability insurance policy as required under subsection (1.1) and upon payment".

18(2)     The following is added after subsection 371(1):

Liability insurance required

371(1.1)  Every insurance agent licence issued under this Act and every renewal of such a licence is conditional upon the existence of and continual maintenance by the agent of a liability insurance policy issued by an insurer licensed under this Act insuring the liability of the agent for the loss of any person as a result of the person's dealings with the agent, in the form, upon the terms and for not less than the amount prescribed in the regulations.

18(3)     Subsection 371(3) is amended by striking out "or" at the end of clauses (a) and (b), by adding "or" at the end of clause (c) and by adding the following after clause (c):

(d) to a person, corporation or partnership, where the person, corporation or partnership has not paid in full a fine imposed on, or costs required to paid by, the person, corporation or partnership, including any interest payable in relation to the fine or costs,

(i) by virtue of a decision of the superintendent under section 375, if the deadline for payment has passed and

(A) the deadline has not been extended, and

(B) the decision is not under appeal, or

(ii) by virtue of a decision of The Insurance Agents' and Adjusters' Licensing Board, if the deadline for payment has passed and has not been extended.

18(4)     Subsections 371(7) and (8) are repealed.

19        The following is added after section 372:

Failure to have liability insurance

372.1(1)  No licensed insurance agent shall carry on the activities of an insurance agent while he or she is not insured under a policy of liability insurance that meets the requirements of subsection 371(1.1).

Notice to superintendent

372.1(2)  A licensed insurance agent whose liability insurance lapses, or is cancelled by the agent or the insurer, shall notify the superintendent without delay.

20(1)     Subsection 373(1) is amended by striking out "Subject to subsection (3)," and substituting "Subject to subsections (1.1) and (3),".

20(2)     The following is added after subsection 373(1):

Proof of liability insurance required on renewal

373(1.1)  Every renewal application under subsection (1) shall be accompanied by proof satisfactory to the superintendent of the continuing existence of the liability insurance policy required under subsection 371(1.1).

20(3)     Subsection 373(2) is repealed and the following is substituted:

Where agency terminated

373(2)    Where the agency or employment contract on the basis of which the agent's licence was issued is terminated, the principal or employer shall immediately notify the superintendent in writing of the termination, and the licence of the agent is suspended until

(a) another principal has agreed to be represented by the agent or another employer has agreed to employ the agent;

(b) the agent provides the superintendent with approval for the reinstatement of the agent's licence as required under subsection (2.1); and

(c) the superintendent approves the reinstatement of the agent's licence.

Approval of reinstatement of licence

373(2.1)  For the purposes of clause (2)(b), the reinstatement of the agent's licence shall be approved in the same manner and with the same kind of certification and recommendation as is required under section 370 in respect of an application for a licence of the same kind as the agent's licence or an application by a person of the same class of applicant as the agent.

21        Subsection 375(1) is repealed and the following is substituted:

Investigation by superintendent, etc.

375(1)    If, after due investigation by the superintendent and after a discipline hearing, if a hearing is required under the regulations, the superintendent determines that the holder or former holder of an insurance agent licence

(a) has been guilty of misrepresentation, fraud, deceit or dishonesty;

(b) has violated any provision of this Act or any rule or regulation under this Act;

(c) has unreasonably failed to pay over to the insurer or agent entitled thereto any money collected by him or her and retained beyond the term stipulated in his or her agency contract or agreement;

(d) has placed insurance with insurers other than those licensed in the province under this Act, without complying with the provisions of this Act or the regulations relating to unlicensed insurance;

(e) has demonstrated his or her incompetency or untrustworthiness to transact the business of insurance agency for which the licence was granted; or

(f) has failed or refused to comply with any limitation or conditions placed on him or her in relation to the licence;

the superintendent may take one or more of the actions set out in subsection (1.1).

Disciplinary actions by the superintendent

375(1.1)  For the purposes of subsection (1), the superintendent may do one or more of the following after giving a notice of decision in writing to the licence holder or former licence holder:

(a) suspend the licence of the licence holder;

(b) revoke the licence of the licence holder;

(c) subject to the regulations, impose a fine on the licence holder or former licence holder and fix a date for the payment of the fine;

(d) subject to the regulations, require that the licence holder or former licence holder pay some or all of the costs of the investigation and, where applicable, of the hearing and fix a date for the payment of the costs assessed.

Deadline for payment of a fine or costs

375(1.2)  The date fixed by the superintendent for payment of a fine or costs under subsection (1.1) shall not be earlier than 30 days after the day on which the notice of decision imposing the fine or requiring payment of the costs leaves the superintendent's office for delivery to the licence holder or former licence holder.

Extension of deadline

375(1.3)  On application from a person who is required to pay a fine or costs under subsection (1.1), the superintendent may at any time extend, or further extend, the deadline for payment if the superintendent is satisfied

(a) that the person has made reasonable efforts to make the payment; and

(b) that hardship or injustice will result if the deadline is not extended.

Method of giving notice

375(1.4)  A notice of decision under subsection (1.1) shall be delivered to the licence holder or former licence holder by personal delivery or by a delivery service that provides guaranteed delivery and evidence of receipt.

Payment of fine or costs postponed pending appeal

375(1.5)  A fine imposed, or costs required to be paid, under subsection (1.1) need not be paid while the decision imposing the fine or requiring payment of the costs is under appeal.

Failure to pay fine or costs

375(1.6)  If a fine imposed or costs required to be paid under subsection (1.1) are not paid before the payment deadline, and the deadline is not extended under subsection (1.3) and the decision imposing the fine or requiring payment of the costs is not under appeal, the licence of the licence holder is suspended immediately following the last day for payment of the fine or costs and remains suspended until the earlier of

(a) payment in full of the fine or costs, including any interest payable under subsection (1.7); and

(b) the day on which the licence expires.

Interest payable on unpaid fines and costs

375(1.7)  Where any portion of a fine or assessment of costs is not paid before the payment deadline fixed by the superintendent, the unpaid portion bears interest from the payment deadline at a rate prescribed in the regulations, and the interest is payable by the licence holder or former licence holder in the same manner as the fine or costs on which it is accruing.

Fines and costs receivable by superintendent

375(1.8)  The superintendent is authorized to receive payment of fines imposed and costs required to be paid under this Act.

22(1)     The centred heading before subsection 385(1) of the French version is amended by striking out "SINISTRE" and substituting "SINISTRES".

22(2)      Subsections 385(1) and (2) are repealed and the following is substituted:

Issuing licences

385(1)    Subject to subsections (5) and (5.1), the superintendent may issue a licence to act as an insurance adjuster to a suitable person who applies in accordance with subsection (3) and pays the prescribed fee.

Restriction on issue of licences

385(2)    The superintendent

(a) shall not issue a licence to act as an adjuster other than a hail insurance adjuster, to a person who holds a licence

(i) as an insurance agent, or

(ii) to act as a special insurance broker; and

(b) shall not issue a licence to act as an adjuster to a person who has not paid in full a fine or costs, including any interest in relation to the fine or costs, payable

(i) by virtue of a decision of the superintendent under subsection 375(1.1) and subsection (7) of this section, if the deadline for payment has passed and

(A) the deadline has not been extended, and

(B) the decision is not under appeal, or

(ii) by virtue of a decision of The Insurance Agents' and Adjusters' Licensing Appeal Board, if the deadline for payment has passed and has not been extended.

22(3)     Subsection 385(3) is amended

(a) in the section heading of the English version, by adding "licence" after "for"; and

(b) in the section, by adding "including proof satisfactory to the superintendent of the existence of the liability insurance policy required under subsection (5.1)," after "requires,".

22(4)     Subsection 385(5) is amended by striking out "or" at the end of clauses (a) and (b), by adding "or" at the end of clause (c) and by adding the following after clause (c):

(d) that person satisfies the superintendent that the person is insured under a liability insurance policy that meets the requirements of subsection (5.1).

22(5)     The following is added after subsection 385(5):

Liability insurance required

385(5.1)   Every insurance adjuster licence issued under this Act and every renewal of such a licence is conditional upon the existence of and continual maintenance by the adjuster of a liability insurance policy, issued by an insurer licensed under this Act, insuring

(a) the liability of the adjuster for the loss of any person as a result of the person's dealings with the adjuster; and

(b) the liability of any assistant adjuster employed by the adjuster for the loss of any person as a result of the person's dealings with the assistant adjuster;

in the form, upon the terms, and for not less than the amount prescribed in the regulations.

22(6)     Subsection 385(6) is amended by striking out "A licence may" and substituting "Subject to subsection (6.1), a licence may".

22(7)     The following is added after subsection 385(6):

Proof of liability insurance required on renewal

385(6.1)  Every request made under subsection (6) to renew an insurance adjuster licence shall be accompanied by proof satisfactory to the superintendent of the continuing existence of the liability insurance policy required under subsection (5.1).

22(8)     Subsection 385(7) is repealed and the following is substituted:

Investigation by superintendent, etc.

385(7)    If, after due investigation by the superintendent and after a discipline hearing, if one is required under the regulations, the superintendent determines that the holder or former holder of an insurance adjuster licence

(a) has been guilty of misrepresentation, fraud, deceit or dishonesty;

(b) has violated any provision of this Act or any rule or regulation under this Act;

(c) has demonstrated his or her incompetency or untrustworthiness to transact the business of insurance adjustment; or

(d) has failed or refused to comply with any limitation or conditions placed on him or her in relation to the licence;

the superintendent may take one or more of the actions set out in subsection 375(1.1).

Application of subsections 375(1.2) to (1.8)

385(7.1)  Subsections 375(1.2) to (1.8) apply, with necessary modifications, to a decision of the superintendent under subsection (7) and subsection 375(1.1) in relation to the holder or former holder of an insurance adjuster licence.

22(9)     The following is added after subsection 385(8):

Failure to have liability insurance

385(8.1)  No licensed insurance adjuster shall carry on the activities of an insurance adjuster while he or she is not insured under a policy of liability insurance that meets the requirements of subsection (5.1).

Notice to superintendent

385(8.2)  A licensed insurance adjuster whose liability insurance lapses, or is cancelled by the adjuster or the insurer, shall without delay notify the superintendent.

23        Subsection 386(9) is repealed and the following is substituted:

Investigation by superintendent

386(9)    If, after due investigation by the superintendent and after a discipline hearing, if one is required under the regulations, the superintendent determines that the holder or former holder of an assistant insurance adjuster licence

(a) has been guilty of misrepresentation, fraud, deceit or dishonesty;

(b) has violated any provision of this Act or any rule or regulation under this Act;

(c) has demonstrated his or her incompetency or untrustworthiness to transact the business of insurance adjustment; or

(d) has failed or refused to comply with any limitation or conditions placed on him or her in relation to the licence;

the superintendent may take one or more of the actions set out in subsection 375(1.1).

Application of subsections 375(1.2) to (1.8)

386(9.1)  Subsections 375(1.2) to (1.8) apply, with necessary modifications, to a decision of the superintendent under subsection (9) and subsection 375(1.1) in relation to the holder or former holder of an assistant insurance adjuster licence.

24        Section 389 is repealed and the following is substituted:

LICENSING APPEALS AND THE INSURANCE AGENTS' AND ADJUSTERS' LICENSING APPEAL BOARD

Definition of appeal board

389       In sections 389.1 to 389.3, "appeal board" means The Insurance Agents' and Adjusters' Licensing Appeal Board established under subsection 389.2(1).

Co-ordinator of licensing appeals

389.1(1)  The minister shall appoint a person to act as co-ordinator of licensing appeals for the purposes of this Act.

Appellant to notify co-ordinator

389.1(2)  A person wishing to appeal a decision of the superintendent as provided for in section 395 shall, within 21 days after receipt of notice of the decision, send the co-ordinator of appeals a notification in accordance with subsection (3) that the person wishes to appeal the decision.

Notification to contain details

389.1(3)  A notification under subsection (2) shall

(a) be in writing;

(b) set out the particulars of the decision of the superintendent that the person is appealing and a brief statement of the reasons for the appeal; and

(c) be sent to the co-ordinator of appeals at his or her office by personal delivery, or by any other method of delivery, including mail or fax, that provides proof of the sending date.

Duties of co-ordinator

389.1(4)  Upon receiving a notification under subsection (2), the co-ordinator of appeals shall

(a) notify the chairperson of the appeal board and the superintendent regarding the appeal;

(b) in consultation with the chairperson of the appeal board, determine the date and time for the hearing of the appeal;

(c) arrange for facilities for the hearing of the appeal; and

(d) notify

(i) the members of the panel of the appeal board assigned to hear the appeal,

(ii) the superintendent, and

(iii) the appellant,

of the date, time and location of the appeal hearing.

Method of notification

389.1(5)  A notification under subclause (4)(d)(iii) shall be in writing and may be sent to the appellant by personal delivery, by a delivery service that provides guaranteed delivery, or by fax if the appellant has provided a fax number in the notification under subsection (2).

Establishment of appeal board

389.2(1)   There is hereby established an appeal board which shall be known as: "The Insurance Agents' and Adjusters' Licensing Appeal Board".

Membership of the board

389.2(2)  The appeal board shall be composed of suitably qualified persons appointed by the Lieutenant Governor in Council, and each member shall hold office until the term set out in the order appointing him or her expires, or until a successor is appointed for him or her, whichever occurs later.

Composition of the board

389.2(3)  In determining the composition of the appeal board, the Lieutenant Governor in Council shall appoint a sufficient number of

(a) persons with suitable legal qualifications;

(b) lay persons; and

(c) persons representative of various sectors of the insurance industry;

to enable the appeal board to carry out its functions and duties fairly and efficiently.

Chairperson

389.2(4)  The Lieutenant Governor in Council shall designate one of the members of the appeal board as chairperson of the appeal board.

Vice-chairperson

389.2(5)  The Lieutenant Governor in Council may designate one of the members of the appeal board as vice-chairperson of the appeal board, to act as chairperson on the request of the chairperson or the minister during the illness or absence of the chairperson or during the chairperson's inability to perform his or her duties.

Hearings by panels of the appeal board

389.2(6)  A licensing appeal shall be heard by a panel of three or five members of the appeal board, constituted as set out in subsection (7).

Constitution of panels

389.2(7)  The chairperson

(a) shall constitute from among the members of the appeal board a sufficient number of panels of the board to hear the number of appeals outstanding from time to time;

(b) shall designate one member of each panel, who shall have suitable legal qualifications, to be the panel chairperson;

(c) shall assign a panel to an appeal hearing having regard to the experience and qualifications of the panel members, the type of licence involved in the appeal and the matters to be decided in relation to the appeal; and

(d) may be a member or the panel chairperson of a panel.

Substitution of panel members

389.2(8)   The chairperson may assign additional appeal board members to a panel of the appeal board, or substitute one member of the appeal board for another on the panel, where the circumstances require, including, without limitation,

(a) where particular experience or expertise appears to be absent among the panel members; and

(b) where a panel member is required or chooses to withdraw from the hearing of a particular appeal.

Remuneration and expenses

389.2(9)  The members of the appeal board may be paid the remuneration, and the travel and other out-of-pocket expenses incurred by them in the performance of their duties, that may be authorized by the Lieutenant Governor in Council.

Oath

389.2(10) Before acting on the appeal board, every member of the appeal board shall take and subscribe before a person authorized to administer oaths and affirmations for use in the province, and file with the co-ordinator of appeals, an oath or affirmation in the following form:

I           , do solemnly swear (or affirm) that I will faithfully, truly, impartially and to the best of my knowledge, skill and ability, perform the duties of a member of The Insurance Agents' and Adjusters' Licensing Appeal Board under The Insurance Act and that I will not, without authority, disclose or make known anything that comes to my knowledge by reason of my appointment to the appeal board. So help me God. (Omit last four words where person affirms)

Rules of procedure

389.3(1)  The appeal board may make rules not inconsistent with any Act or law to regulate its procedure.

Quorum

389.3(2)  A majority of the members of the appeal board constitutes a quorum of the board.

New hearing

389.3(3)  A licensing appeal shall be a new hearing, and the appeal board may consider

(a) any material filed or evidence submitted by the appellant or the superintendent touching on the subject of the appeal; and

(b) any other material or evidence that it considers pertinent to the appeal.

Representation by counsel

389.3(4)  A party to an appeal under this section is entitled to be present at the hearing of the appeal, to be represented by counsel, and to be advised by such advisers as the party may require for the purposes of the appeal.

Decision of board

389.3(5)  After the conclusion of an appeal hearing and consideration of the material and evidence presented at, or received in relation to, the hearing, the appeal board may

(a) dismiss the appeal;

(b) allow the appeal; or

(c) make such other order or decision as the appeal board considers appropriate, including, without limitation,

(i) varying the length of a suspension, the conditions imposed on the issuing of a licence or the amount of a fine or assessment of costs, or

(ii) fixing a new date for the payment of a fine or assessment of costs.

Extension of deadline

389.3(6)  On application from a person who is required to pay a fine or costs under a decision of the appeal board, the appeal board may at any time extend, or further extend, the deadline for payment if it is satisfied that

(a) the person has made reasonable efforts to make the payment; and

(b) hardship or injustice will result if the deadline is not extended.

Majority decision of appeal panel and voting

389.3(7)  The outcome of an appeal hearing shall be decided by a majority vote of the panel of the appeal board hearing the appeal, and the chairperson of the panel has a vote in deciding any appeal or matter before the panel.

Withdrawal of panel member

389.3(8)  A panel member shall withdraw from hearing an appeal if there exists any circumstance in relation to the appellant or the appeal that might prejudice the panel member's objectivity, including, without limitation, if the panel member

(a) has a personal or business relationship with the appellant;

(b) has a business relationship with an insurer for whom the appellant acts or proposes to act as an agent or adjuster; or

(c) has had a relationship mentioned in clause (a) or (b) that meets the criteria for withdrawal, if any, set out in rules of procedure made by the appeal board under subsection (1).

Appeal hearing may proceed in absence of appellant

389.3(9)  Where an appellant has been notified of the date, time and location of the appeal hearing in accordance with subsection 389.1(5) and fails to attend, the appeal board may proceed to hold the hearing and decide the appeal in the absence of the appellant.

Adjournment of hearings

389.3(10) The appeal board may adjourn the hearing of an appeal before it from time to time as may be necessary and as it considers appropriate.

Written notification of decision

389.3(11) The appeal board shall notify the parties to an appeal of its decision in writing.

Powers of board

389.3(12) The appeal board may summon witnesses and require them to give evidence on oath or affirmation, orally or in writing, and for that purpose, the members of the board have the powers conferred upon, and the protection afforded to, commissioners appointed under Part V of The Manitoba Evidence Act.

Withdrawal of appeal

389.3(13) With the consent of the appeal board, an appellant may withdraw an appeal.

Expert witnesses

389.3(14) The minister may

(a) obtain the services of such experts, consultants or advisers as in the opinion of the minister may be required by the superintendent or the appeal board; and

(b) authorize payment for those services.

25        Section 395 is repealed and the following is substituted:

Appeal from decision of superintendent

395(1)    Where the superintendent does one or more of the following:

(a) refuses to grant a licence to an applicant to act as an agent, broker, adjuster or assistant adjuster;

(b) reprimands a licence holder or places conditions on the licence of an agent, broker, adjuster or assistant adjuster;

(c) suspends or revokes any of the licences mentioned in clause (a);

(d) imposes a fine on the holder or former licence holder of an insurance agent licence, insurance adjuster licence or assistant insurance adjuster licence;

(e) requires that the holder or former holder of any of the licences mentioned in clause (d) pay costs in relation to an investigation by the superintendent;

(f) issues a prohibition under subsection 91(2);

the person in respect of whom the decision of the superintendent is made may appeal the decision to The Insurance Agents' and Adjusters' Licensing Appeal Board in accordance with sections 389 to 389.3.

Appointment of designated person and regulations

395(2)    The Lieutenant Governor in Council may

(a) appoint a designated person who shall, in accordance with the regulations, consider applications under clause (3)(a) and to make decisions on such applications; and

(b) make regulations respecting the procedures to be followed by and the powers of the designated person.

Reinstatement of suspended or revoked licence

395(3)    A person who has appealed the suspension or revocation of his or her licence under subsection (1) may do one or both of the following:

(a) in the manner set out in the regulations, apply to the designated person for the reinstatement of the licence until the final disposition of the appeal;

(b) request the appeal board to reinstate the licence until the final disposition of the appeal.

Decision of designated person or appeal board

395(4)    Where a person

(a) applies to the designated person under clause (3)(a), the designated person may in accordance with the regulations reinstate the person's licence or dismiss the application; and

(b) makes a request to the appeal board under clause (3)(b), the appeal board, after consultation with the superintendent or any other person that the board considers appropriate, may reinstate the licence subject to such restrictions and conditions as the appeal board considers appropriate or may refuse the person's request.

Revocation of reinstatement

395(5)    The appeal board may revoke the reinstatement of a licence granted under clause (4)(b) on the application of the superintendent or where the board considers it advisable.

26        Subsection 396.1(1) of the French version is amended in the definition "agent" by striking out "sinistre" and substituting "sinistres".

27        The following is added after section 396.1:

Regulations

396.2     The Lieutenant Governor in Council may make regulations

(a) respecting liability insurance required by the holders of insurance agent and insurance adjuster licences, including specifying the exclusion of certain perils from the coverage required by holders of specified classes of licence;

(b) respecting fines and costs and their imposition and assessment by the superintendent or The Insurance Agents' and Adjusters' Licensing Appeal Board;

(c) respecting interest on fines and costs;

(d) respecting the retention of fines and costs by an insurance council established under section 396.1.

28        Section 408 is repealed.

29(1)     Subsection 409(1), as enacted by R.S.M. 1987, c. I40, is repealed.

29(2)     Subsection 409(2) is repealed.

Coming into force: royal assent

30(1)     Subject to subsection (2), this Act comes into force on the day it receives royal assent.

Coming into force: proclamation

30(2)     The following provisions come into force on a day fixed by proclamation:

(a) subsections 18(1), (2) and (3);

(b) section 19;

(c) subsections 20(1) and (2);

(d) section 21;

(e) subsections 22(2) to (9);

(f) section 23;

(g) clauses 395(1)(d) and (e), as enacted by section 25;

(h) clauses 396.2(b), (c) and (d), as enacted by section 27.