certificate expiry, penalties and fees regulation · (a) for the issuance or renewal of an...

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© Published by Alberta Queen’s Printer E-mail: [email protected] Shop on-line at www.qp.alberta.ca Alberta Queen’s Printer Suite 700, Park Plaza 10611 - 98 Avenue Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668 Province of Alberta Office Consolidation Alberta Regulation 125/2001 With amendments up to and including Alberta Regulation 177/2020 Current as of September 30, 2020 INSURANCE ACT CERTIFICATE EXPIRY, PENALTIES AND FEES REGULATION

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Page 1: CERTIFICATE EXPIRY, PENALTIES AND FEES REGULATION · (a) for the issuance or renewal of an insurance agent’s certificate of authority to undertake general insurance issued on or

© Published by Alberta Queen’s Printer

E-mail: [email protected] Shop on-line at www.qp.alberta.ca

Alberta Queen’s Printer Suite 700, Park Plaza 10611 - 98 Avenue

Edmonton, AB T5K 2P7 Phone: 780-427-4952 Fax: 780-452-0668

Province of Alberta

Office Consolidation

Alberta Regulation 125/2001

With amendments up to and including Alberta Regulation 177/2020

Current as of September 30, 2020

INSURANCE ACT

CERTIFICATE EXPIRY, PENALTIES AND FEES REGULATION

Page 2: CERTIFICATE EXPIRY, PENALTIES AND FEES REGULATION · (a) for the issuance or renewal of an insurance agent’s certificate of authority to undertake general insurance issued on or

Copyright and Permission Statement

Alberta Queen's Printer holds copyright on behalf of the Government of Alberta in right of Her Majesty the Queen for all Government of Alberta legislation. Alberta Queen's Printer permits any person to reproduce Alberta’s statutes and regulations without seeking permission and without charge, provided due diligence is exercised to ensure the accuracy of the materials produced, and Crown copyright is acknowledged in the following format:

© Alberta Queen's Printer, 20__.*

*The year of first publication of the legal materials is to be completed.

Note

All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

Page 3: CERTIFICATE EXPIRY, PENALTIES AND FEES REGULATION · (a) for the issuance or renewal of an insurance agent’s certificate of authority to undertake general insurance issued on or

(Consolidated up to 177/2020)

ALBERTA REGULATION 125/2001

Insurance Act

CERTIFICATE EXPIRY, PENALTIES AND FEES REGULATION

Table of Contents

Part 1 Certificate Expiry

1 Expiry dates 1.1 Expiry dates

Part 2 Fees

2 Fees 3 Issue or renewal of certificate 4 Renewal 5 Insurer 6 Amendment or reinstatement of certificate 7 Status 8 Duplicate 9 Writing of examinations 10 Oral exam 12 Restricted insurance agent 12.1 Continuing education

Part 3 Penalties

13 Section 480 penalties

Part 4 Repeals, Expiry and Coming into Force

14 Repeal 15 Expiry 16 Coming into force

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Section 1 AR 125/2001

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Part 1 Certificate Expiry

Expiry dates 1(1) A life insurance agent’s certificate of authority issued, renewed, amended or reinstated

(a) during the period from February 16 to the following December 15 expires on February 15 following the date of its issue, renewal, amendment or reinstatement;

(b) during the period from December 16 to the following February 15 expires on February 15 of the year following the expiry of that period.

(2) An accident and sickness insurance agent’s certificate of authority issued, renewed, amended or reinstated

(a) during the period from February 16 to the following December 15 expires on February 15 following the date of its issue, renewal, amendment or reinstatement;

(b) during the period from December 16 to the following February 15 expires on February 15 of the year following the expiry of that period.

(3) Repealed AR 93/2006 s2.

(4) A general insurance agent’s certificate of authority issued, renewed, amended or reinstated

(a) during the period from November 1 to the following August 31 expires on October 31 following the date of its issue, renewal, amendment or reinstatement;

(b) during the period from September 1 to the following October 31 expires on October 31 of the year following the expiry of that period.

(5) An adjuster’s certificate of authority issued, renewed, amended or reinstated

(a) during the period from June 1 to the following March 31 expires on May 31 following the date of its issue, renewal, amendment or reinstatement;

Page 5: CERTIFICATE EXPIRY, PENALTIES AND FEES REGULATION · (a) for the issuance or renewal of an insurance agent’s certificate of authority to undertake general insurance issued on or

Section 1.1 AR 125/2001

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(b) during the period from April 1 to the following May 31 expires on May 31 of the year following the expiry of that period.

AR 125/2001 s1;292/2002;93/2006

Expiry dates 1.1(1) This section applies notwithstanding section 1.

(2) A life insurance agent’s certificate of authority issued, renewed, amended or reinstated

(a) on or after December 16, 2012 but before May 1, 2014, expires on June 30, 2014, and

(b) commencing in 2014, on or after May 1 in a year but before July 1 of that year, expires on June 30 of the following year.

(3) An accident and sickness insurance agent’s certificate of authority issued, renewed, amended or reinstated

(a) on or after December 16, 2012 but before May 1, 2014, expires on June 30, 2014, and

(b) commencing in 2014, on or after May 1 in a year but before July 1 of that year, expires on June 30 of the following year.

(4) A general insurance agent’s certificate of authority issued, renewed, amended or reinstated

(a) on or after September 1, 2013 but before May 1, 2014, expires on June 30, 2014, and

(b) commencing in 2014, on or after May 1 in a year but before July 1 of that year, expires on June 30 of the following year.

(5) An adjuster’s certificate of authority issued, renewed, amended or reinstated

(a) on or after April 1, 2013 but before May 1, 2014, expires on June 30, 2014, and

(b) commencing in 2014, on or after May 1 in a year but before July 1 of that year, expires on June 30 of the following year.

AR 200/2012 s2

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Section 2 AR 125/2001

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Part 2 Fees

Fees 2 The fees in sections 3 to 12 apply to things done by an insurance council under the authority of the Act and those in section 12.1 apply to things done by the Minister and the Accreditation Committee under the Insurance Agents and Adjusters Regulation (AR 122/2001).

AR 125/2001 s2;375/2003

Issue or renewal of certificate 3(1) The fees payable by insurance agents for the issue or renewal of an insurance agent’s certificate of authority are as follows:

(a) to undertake general insurance $80 to $95;

(b) to undertake life insurance $80 to $95;

(c) to undertake accident and sickness insurance

$50 to $60;

(d) despite clause (a), to undertake general insurance limited to a single class of insurance

$80 to $95.

(2) Notwithstanding subsection (1), the fees payable by insurance agents are as follows:

(a) for the issuance or renewal of an insurance agent’s certificate of authority to undertake general insurance issued on or after September 1, 2013 but before May 1, 2014 is $65;

(b) for the issuance or renewal of an insurance agent’s certificate of authority to undertake life insurance issued on or after December 16, 2012 but before May 1, 2014 is $135;

(c) for the issuance or renewal of an insurance agent’s certificate of authority to undertake accident and sickness insurance issued on or after December 16, 2012 but before May 1, 2014 is $85;

(d) for the issuance or renewal of an insurance agent’s certificate of authority to undertake general insurance limited to a single class of insurance issued on or after September 1, 2013 but before May 1, 2014 is $65.

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Section 4 AR 125/2001

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(3) The Alberta Insurance Council shall determine the specific amount payable within the range specified in subsection (1).

AR 125/2001 s3;292/2002;375/2003;269/2004;18/2009; 200/2012

Renewal 4(1) The fee payable by adjusters for the issue or renewal of an adjuster’s certificate of authority is $80 to $95.

(1.1) Notwithstanding subsection (1), the fee payable by adjusters for the issue or renewal of an adjuster’s certificate of authority issued on or after April 1, 2013 but before May 1, 2014 is $105.

(2) The Alberta Insurance Council shall determine the specific amount payable within the range specified in subsection (1).

AR 125/2001 s4;375/2003;269/2004;93/2006;18/2009; 200/2012

Insurer 5(1) An insurer that

(a) is licensed on July 1 in a year must, subject to clause (c), pay the Alberta Insurance Council a fee of $750 on July 1 of that year;

(b) becomes licensed after July 1 in a year but before July 1 of the following year must pay a fee of $750 to the Alberta Insurance Council on the date that it becomes licensed;

(c) becomes licensed between April 1 and June 30 in a year and pays the fee required under clause (b) is not required to pay a fee on July 1 of that year.

(2) The requirement to pay a fee under subsection (1) in a year does not apply to a fraternal society if, in the preceding calendar year, the society received premiums totalling less than $500 000 from its members who, at the time of paying the premiums, were residents in Alberta.

AR 125/2001 s5;375/2003;93/2006

Amendment or reinstatement of certificate 6 The fee payable for the amendment or reinstatement of a certificate of authority is $25.

AR 125/2001 s6; 292/2002;375/2003

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Section 7 AR 125/2001

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Status 7 The fee payable for a certificate stating the certificate of authority status of an insurance agent or adjuster is $25.

AR 125/2001 s7;375/2003

Duplicate 8 The fee payable for the issue of a duplicate certificate of authority is $25.

AR 125/2001 s8;375/2003

Writing of examinations 9 The following fees are payable to write the respective qualifying examination:

(a) by a general insurance agent $50;

(b) by an insurance adjuster $50;

(c) by an accident and sickness insurance agent $50;

(d) by a life insurance agent $100. AR 125/2001 s9;375/2003;269/2004;200/2012

Oral exam 10 The fee payable by insurance adjusters for oral examinations is $300.

11 Repealed AR 9/2003 s8.

Restricted insurance agent 12 The fee payable for a restricted insurance agent certificate of authority is as follows and is based on the number of employees soliciting insurance on behalf of the restricted insurance agent’s business:

(a) 1 - 4 employees $150;

(b) 5 - 10 employees $225;

(c) 11 - 15 employees $375;

(d) 16 - 20 employees $500;

(e) 21 - 99 employees $700;

(f) 100 - 249 employees $1500;

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Section 12 AR 125/2001

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(g) 250 - 499 employees $3000;

(h) 500 - or more $5500.

(2) Notwithstanding subsection (1), the fee payable for a restricted insurance agent certificate of authority to undertake prescribed types of life and accident and sickness insurance on or after December 16, 2012 but before May 1, 2014 is as follows and is based on the number of employees soliciting insurance on behalf of the restricted insurance agent’s business:

(a) 1 - 4 employees $210;

(b) 5 - 10 employees $310;

(c) 11 - 15 employees $515;

(d) 16 - 20 employees $685;

(e) 21 - 99 employees $960;

(f) 100 - 249 employees $2055;

(g) 250 - 499 employees $4110;

(h) 500 - or more $7535.

(3) Notwithstanding subsection (1), the fee payable for a restricted insurance agent certificate of authority to undertake prescribed types of general insurance on or after September 1, 2013 but before May 1, 2014 is as follows and is based on the number of employees soliciting insurance on behalf of the restricted insurance agent’s business:

(a) 1 - 4 employees $100;

(b) 5 - 10 employees $150;

(c) 11 - 15 employees $250;

(d) 16 - 20 employees $335;

(e) 21 - 99 employees $465;

(f) 100 - 249 employees $995;

(g) 250 - 499 employees $1990;

(h) 500 - or more $3650. AR 125/2001 s12;375/2003;200/2012

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Section 12.1 AR 125/2001

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Continuing education 12.1(1) The fee payable by a continuing education provider,

(a) for the year in which an approval of the provider under section 29(2) of the Insurance Agents and Adjusters Regulation (AR 122/2001) is applied for (whether successfully or not) and for each subsequent year in which such an approval is held, is $250, and

(b) for applying for an approval under section 29(2.1) of that Regulation in respect of each particular continuing education course, is $100.

(2) Continuing education providers shall pay the fees under subsection (1) to the Alberta Insurance Council.

AR 375/2003 s10

Part 3 Penalties

Section 480 penalties 13(1) For the purposes of section 480(2) of the Act, the amount of the penalty that may be imposed may not exceed the following:

(a) $5000 for a matter referred to in section 480(1)(a) of the Act;

(b) $1000 for a matter referred to in section 480(1)(b), (c), (d) or (e) of the Act.

(2) The rate of interest prescribed for the purposes of section 480 of the Act is 12% per annum, prorated in respect of any part of a month, on the unpaid balance.

AR 125/2001 s13;93/2006

Part 4 Repeals, Expiry and Coming into Force

Repeal 14 The Fees, Forms and Certificates Expiry Regulation (AR 478/81) is repealed.

Expiry 15 For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be

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Section 16 AR 125/2001

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repassed in its present or an amended form following a review, this Regulation expires on April 30, 2024.

AR 125/2001 s15;93/2006;200/2012;177/2020

Coming into force 16 This Regulation comes into force on the coming into force of any section of the Insurance Act (SA 1999 cI-5.1).

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Printed on Recycled Paper*9780779819829*