Insurance Regulations

Regulation

Registration: R-052-95
Source: Unofficial consolidation PDF (justice.gov.nt.ca)
Under: Insurance Act

This is an unofficial reading copy parsed from the Department of Justice consolidation PDF above — itself an office consolidation, not an official statement of the law. The authoritative text is in the Revised Statutes of the Northwest Territories, 1988 and the annual Statutes volumes.

s.5 repealed by R-065-2017,s.2 in force Aug. 15, 2017
s.7 amended by R-075-2017,s.2 in force Oct. 4, 2017
s.12 amended by R-072-2020,s.2
s.16 amended by R-075-2017,s.2 in force Oct. 4, 2017
s.22 amended by R-072-2020,s.2
s.26 amended by R-065-2017,s.3 in force Aug. 15, 2017
s.27 amended by R-072-2020,s.3
s.sched_A amended by R-052-95, art. 2
s.sched_A amended by R-021-2011, art. 2 in force April 1, 2011
s.sched_A amended by R-008-2014, art. 2 in force April 1, 2014
s.sched_2 repealed by R-075-2017,s.4 in force Oct. 4, 2017

Cites

s.27 Emergency Management Act

Cited by

None.

Contents

1. 1 2. 2 3. 3 4. 4 5. Repealed 6. 6 7. 7 8. 8 9. 9 10. 10 11. 11 12. 12 13. 13 14. 14 15. 15 16. 16 17. 17 18. 18 19. 19 20. 20 21. 21 22. 22 23. 23 24. 24 25. 25 26. 26 27. 27 SCHEDULE A (Section 25) SCHEDULE ANNEXE

Interpretation

In these regulations,

"Act" means the Insurance Act; (Loi)

"state" means a state of the United States of America. (État)

PART I

CLASSES OF INSURANCE AND

INSURER'S LICENCES

(1) The classes of insurance set out in subsection (2) are prescribed as distinct classes of insurance for the purpose of licensing insurers.

(2) The Superintendent may grant a licence to an insurer in respect of any one or more of the following classes of insurance:

(a) accident and sickness insurance, being insurance within the meaning of accident insurance and sickness insurance;

(b) aircraft insurance;

(d) boiler and machinery insurance;

(e) credit insurance;

(f) fidelity insurance, being

(i) insurance against loss caused by the unfaithful performance of duties by a person in a position of trust, or

(ii) insurance by which means an insurer undertakes to guarantee the proper fulfilment of the duties of an office;

(g) hail insurance;

(h) liability insurance, being insurance not incidental to some other class of insurance against liability arising out of

(i) bodily injury to or the death of a person, including an employee, or

(ii) loss or damage to property, and including insurance against expenses arising out of bodily injury to a person other than the insured or a member of the family of the insured, whether liability exists or not, if the insurance is included in a contract for the insurance described in subparagraph (i), but not including aircraft insurance or automobile insurance;

(i) life insurance;

(j) marine insurance;

(k) mortgage insurance, being insurance against loss caused by default on the part of a borrower under a loan secured by a mortgage on real property, a hypothec on immovable property or an interest in real or immovable property;

(l) property insurance, being insurance within the meaning of fire insurance, inland transportation insurance, livestock insurance, plate glass insurance, sprinkler leakage insurance, theft insurance and weather insurance;

(m) surety insurance, being insurance by which an insurer undertakes to guarantee

(i) the due performance of a contract or undertaking, or

(ii) the payment of a penalty or indemnity for any default, but not including insurance coming within the class of credit insurance or mortgage insurance;

(n) title insurance;

(o) workers' compensation insurance.

Except where expressly limited by the terms of the licence, the holder of a licence may carry on business in all types of insurance within the class of insurance in respect of which the licence is issued.

Every licence to carry on business in title insurance is subject to the condition that no policy of title insurance shall be issued unless the insurer has first obtained a concurrent certificate of title to the property to be insured from a barrister and solicitor who is then entitled to practise in the Territories and who is not at that time in the employ of the insurer.

Repealed, R-065-2017,s.2.

PART II

ADJUSTERS

Interpretation

In this Part,

"adjuster" means a person who holds an adjuster's licence issued under Part IX of the Act; (expert en sinistres)

"applicant" means an applicant for an adjuster's licence; (demandeur)

"licence" means an adjuster's licence issued under Part IX of the Act. (licence)

Qualification by Examination

(1) Every person who desires to obtain a licence shall make application in writing to the Superintendent in the approved form.

(2) Before a licence may be issued

(a) to an applicant on the first application for a licence, or

(b) to an applicant whose last issued licence was not renewed within a year from the date of expiry or was revoked or suspended by the Superintendent,

or where the Superintendent in his or her discretion considers it necessary, before a renewal of a licence is issued, the applicant shall take a written examination set by the Superintendent.

(3) Where an applicant is required to take a written examination mentioned in subsection (2), the Superintendent shall appoint a time and place for the examination, having reasonable regard for the convenience of the applicant, and shall notify the applicant of the time and place. R-075-2017,s.2.

(1) The Superintendent may from time to time approve written texts on insurance principles and business and adjustment of losses for the instruction of applicants.

(2) The Superintendent shall make available to applicants copies of the texts referred to in subsection (1) at such charge, if any, as the Superintendent considers reasonable.

(3) During the period in which a written text is approved under subsection (1), the questions in the written examination referred to in section 7 shall have relation to the matter appearing in the text.

(4) The written examination referred to in section 8 shall be in such form as to enable the Superintendent to determine the suitability of the applicant to carry on the business of an adjuster and the knowledge of the applicant with respect to

(a) the fundamental principles of insurance;

(b) the insurance laws of the Territories; and

The Superintendent shall, in writing, inform every applicant of the result of the examination within 30 days after the date of the examination.

10.

An applicant who is unsuccessful in the examination may apply from time to time to take a further examination, but no applicant is entitled to take more than two examinations in any period of 12 months.

11.

Notwithstanding anything in these regulations, the Superintendent shall not require an applicant for a licence to undertake a written examination

(a) where the applicant is not a resident of the Territories but holds a licence as an insurance adjuster in the province or state of his or her residence and is otherwise qualified and suitable, and the laws of the province or state provide that a licensed adjuster from the Territories may obtain a certificate or licence in that province or state as a non-resident adjuster; or

(b) when the application is for a licence to adjust losses under contracts of hail insurance only.

Temporary Licence

12.

(1) The Superintendent may issue a temporary licence without a written examination to an applicant, but the licence shall be conditional on the successful completion of a written examination.

(2) The holder of a temporary licence issued under subsection (1) shall be under the close supervision of a responsible representative of an insurer, a licensed adjuster or another person approved by the Superintendent.

(3) A temporary licence issued under subsection (1) shall expire six months after the date of issue or on failure to pass any written examination undertaken during that period, whichever date occurs first.

(4) Notwithstanding subsection (3), the Superintendent may, where they consider it necessary or advisable, extend a temporary licence issued under subsection (1) for an additional period not exceeding six months.

(5) The fee paid for a temporary licence shall be applied against the fee for an annual licence if the annual licence is issued in replacement of the temporary licence. R-072-2020,s.2.

13.

The Superintendent may obtain the advice and assistance of the insurance industry

(a) before approving a written text on insurance principles and business and adjustment of losses for the instruction of applicants for licences; and

(b) in setting written examinations.

14.

A licence to carry on business as an insurance adjuster is not transferable.

PART III

INSURANCE AGENTS

Interpretation

15.

In this Part,

"agent" means the holder of a valid licence; (agent)

"applicant" means an applicant for a licence; (demandeur)

"licence" means a licence issued under Part IX of the Act to carry on business as an insurance agent. (licence)

16.

(1) Every person who desires to obtain a licence shall make application in writing to the Superintendent in the approved form.

(2) Before a licence is issued

(a) to an applicant on the first application for a licence, or

(b) to an applicant whose last issued licence was not renewed or was revoked or suspended by the Superintendent,

or, where the Superintendent in his or her discretion considers it necessary, before a licence or renewal of a licence is issued, the applicant shall take a written examination set by the Superintendent.

17.

(1) The Superintendent may, from time to time, approve written texts on insurance principles and business for the instruction of applicants.

(2) The Superintendent shall make available to applicants copies of the texts referred to in subsection (1) at such charge, if any, as the Superintendent considers reasonable.

(3) During the period in which a written text is approved under subsection (1), the questions in the written examination referred to in section 16 shall have relation to the matter appearing in the text.

(4) The written examination referred to in section 16 shall be in such form as to enable the Superintendent to determine the suitability of the applicant to carry on business as an insurance agent and the knowledge of the applicant with respect to

(a) the fundamental principles of insurance in the class or classes mentioned in his or her application;

(b) the insurance laws of the Territories; and

18.

The Superintendent shall, in writing, inform every applicant of the result of his or her examination within 30 days after the date of the examination.

19.

20.

Where an applicant is required to take a written examination, any licence that may be issued to the applicant shall be limited to the class or classes of insurance mentioned in the application and in respect of which the Superintendent has been satisfied, by the examination, as to the suitability of the applicant.

21.

Notwithstanding anything in these regulations, the Superintendent shall not require an applicant for a licence to take a written examination

(a) where the applicant is a ticket-selling agent of a common carrier and will act under the licence only to negotiate or effect the sale of accident insurance tickets or insurance on personal effects while the personal effects are being carried as baggage in connection with the transportation provided by the common carrier;

(b) where the application is for a licence to transact only the business of livestock or hail insurance; or

(c) where the applicant is not a resident of the Territories but is duly licensed as an insurance agent in the province or state of his or her residence and is otherwise qualified and suitable, and the laws of that province or state provide that a licensed insurance agent from the Territories may be licensed in that province or state as a non-resident agent.

Temporary Licence

22.

(1) The Superintendent may issue a temporary licence to an applicant without a written examination

(a) where the applicant is the surviving spouse, next-of-kin or personal representative of a deceased agent who held a subsisting licence at the time of death; or

(b) where the applicant is the spouse, next-of- kin, employee, legal guardian or committee of an agent who held a subsisting licence immediately preceding his or her disability through sickness, mental incapacity or injury.

(2) The Superintendent may issue a temporary licence to an applicant conditional on the successful completion of a written examination, if during the period of the temporary licence the applicant is under the close supervision of a responsible representative of an insurer or another person approved by the Superintendent.

(3) A temporary licence issued under subsection (2) shall expire six months after the date of issue or on failure to pass any written examination taken during that period, whichever date occurs first.

(4) Notwithstanding subsection (3), the Superintendent may, where they consider it necessary or advisable, extend a temporary licence for an additional period not exceeding six months.

(5) The fee paid for a temporary licence shall be applied against the fee for a permanent licence if the permanent licence is in replacement of the temporary licence. R-072-2020,s.2.

23.

The Superintendent may obtain the advice and assistance of the insurance industry before approving a written text on insurance principles and business for the instruction of applicants for licences and in setting written examinations.

24.

A licence to carry on business as an insurance agent is not transferable.

PART IV

GENERAL

Fees

25.

The fees set out in Schedule A are prescribed as the fees to be paid for licences and services performed under the Act and these regulations.

Expiry of Licences

26.

(1) Every licence to carry on business as an insurer shall expire on June 30 next following the date of issue.

(2) Every licence, other than a licence referred to in subsection (1) above or section 211.08, 221 or 228 of the Act, shall expire two years after the date of issue. R-065-2017,s.3.

27.

(1) In this section, "period of emergency" means that period of time during which an order made under section 14 of the Emergency Management Act, declaring a state of emergency relating to all of the Northwest Territories, is in effect, and includes any period of time during which an extension of such an order is in effect.

(2) Notwithstanding subsection 26(2), if the expiry date of a licence under that subsection is during a period of emergency, or during the period of 30 days from the expiry of a period of emergency, the licence is extended for an additional period of 90 days from the date on which the licence would otherwise expire under that subsection. R-072-2020,s.3.

SCHEDULE A (Section 25)

FEES PAYABLE BY INSURERS AND OTHER PERSONS

FOR LICENCES AND SERVICES

Insurers

1. Fees payable by joint stock companies and by mutual companies (a) for recording and filing in the office of the Superintendent the documents required by the Act ............................................................................ $ 16 (b) for licences for (i) life insurance.............................................................. $529 (ii) fire insurance and any insurance against any risk relating to the property to which a fire insurance policy relates that is effected by a contract, supplemental to the policy and that is ordinarily effected by what is commonly known as "an additional perils supplemental contract", and also fire insurance, either alone or combined with one or more of the following, that is to say, use and occupancy, rent, profit, weather, inland marine, inland transportation, sprinkler leakage, explosion, falling aircraft, strikes, riots or civil commotion or earthquake ........................................................................ $529 (iii) hail insurance ............................................................. $ 43 (iv) accident (including vehicle and public liability) either alone or combined with one or more of the following, that is to say, sickness or health, guarantee or suretyship, burglary, liability and automobile insurance ....................................................... $353 (v) one or more of the following: automobile, guarantee, plate glass, burglary, steamboiler, weather, inland marine, inland transportation, sprinkler leakage, explosion, liability and livestock insurance or any other class of insurance not enumerated in subparagraphs (i) to (iv) ........................................................................ $ 80 (c) for renewal of licence of insurer that has discontinued undertaking or renewing insurance contracts in the Northwest Territories except insurers renewing life insurance policies................ $ 16

2. Fees payable by mutual benefit and fraternal societies (a) for recording and filing in the office of the Superintendent the documents required by the Act ............................................................................ $ 16 (b) for initial licence to do business or renewal of an initial licence (i) for transacting life insurance: under 500 members in the Northwest Territories.................................. $160 500 or more members in the Northwest Territories ................................ $321 (ii) for transacting accident and sickness insurance or both: under 500 members in the Northwest Territories.................................. $160 500 or more members in the Northwest Territories ................................ $321 (c) for renewal of licence of insurer that has discontinued undertaking or renewing insurance contracts in the Northwest Territories, except insurers renewing life insurance policies................ $160

3. Fees payable by insurance agents for the issuance or renewal (a) to undertake all classes of insurance except life (b) to undertake accident and sickness insurance......................................... (c) to undertake life insurance .......................................................

Adjusters

4. Fees payable by insurance adjusters for the issuance or

Salespersons

5. Fees payable by salespersons who reside in the Northwest

Reciprocal and Inter-insurance

6. Fees payable by reciprocal or inter-insurance exchanges (a) for recording and filing in the office of the Superintendent the Act ..................................................................... (b) for a licence .................................................................

7. Fees payable for amending or reinstating a licence ..........................................

8. Fees payable by transportation companies for the issuance licence.............................................................................

9. Certificate of Superintendent ...........................................................

10. Copies of an extract from documents filed with or by the of such a folio.......................................................................

11. Certified copy of licence...............................................................

12. Duplicate of licence ..................................................................

13. Power of attorney fee.................................................................

R-052-95,s.2; R-021-2011,s.2; R-008-2014,s.2.

3. Les droits payables par les agents d’assurance pour la d’agents d’assurance : a) pour vendre toute catégorie d’assurance sauf de

b) pour vendre de l’assurance-accident et de l’assurance-maladie..........................

c) pour vendre de l’assurance-vie...................................................

Experts en sinistres

4. Les droits payables par les experts en sinistres pour la d’expert en sinistres ..................................................................

Vendeurs

5. Les droits payables par les vendeurs qui résident dans les

Échanges réciproques ou mutuels

6. Les droits payables pour les échanges réciproques ou mutuels a) pour l'enregistrement et le dépôt au bureau du b) pour la licence................................................................

7. Les droits payables pour la modification ou la remise en

8. Les droits payables par les compagnies de transport pour aux préposés aux billets ...............................................................

9. Le certificat du surintendant............................................................

10. Les copies de tout extrait de document déposé auprès ou moins .............................................................................

11. Le copie certifiée de la licence..........................................................

12. Le duplicata de la licence..............................................................

13. La procuration ......................................................................

R-052-95, art. 2; R-021-2011, art. 2; R-008-2014, art. 2.

SCHEDULE

Repealed, R-075-2017,s.4.

ANNEXE

Abrogé, R-075-2017,