Market Conduct

Sections 507 and 509(1) of the Insurance Act (Alberta) provide that:

“507 Where, in the opinion of the Minister, a form of policy or contract of insurance or a form of application, endorsement, information folder or advertisement relating to insurance is unfair, misleading or deceptive, the Minister may by order prohibit an insurer or insurance agent, or both, from using that form, and the person who is subject to the order must comply with the order.

509(1) No insurer, insurance agent or adjuster may
(a) make a false or misleading statement, representation or advertisement,
(b) engage in a tied selling practice prohibited by the regulations,
(c) engage in any unfair, coercive or deceptive act or practice, or
(d) make any statement or representation or commit any practice or act that is prohibited by the regulations.”

Section 4 of the Fair Practices Regulation under the Insurance Act (Alberta) provides that:

“For the purpose of section 509(1)(b) of the Act, the following tied selling practices are prohibited:

(a) where an insurer or insurance agent other than the holder of a restricted certificate is asked to sell insurance to a person, informing the person that the person must purchase another product or service, including an insurance policy, from the insurer or insurance agent, as the case may be, before the insurance requested will be undertaken;

(b) where an insurer is asked to make a loan to a person, informing the person that the person must purchase a product or service, including an insurance policy, from the insurer before the loan will be made.”

Section 507 of the Insurance Act (Alberta) provides that:

“507 Where, in the opinion of the Minister, a form of policy or contract of insurance or a form of application, endorsement, information folder or advertisement relating to insurance is unfair, misleading or deceptive, the Minister may by order prohibit an insurer or insurance agent, or both, from using that form, and the person who is subject to the order must comply with the order.”

N/A.

Section 500 of the Insurance Act (Alberta) provides that:

“No insurer, no officer, employee or agent of an insurer and no insurance agent may indicate that the premium to be paid for a policy is an amount that is different than the amount of the premium set out in the policy.”

N/A.

Section 2 of the Replacement of Life Insurance Contracts Regulations under the Insurance Act (Alberta), which governs the replacement of life insurance contracts, provides that:

“An insurer or insurance agent must not, where it would be detrimental to the interests of the policyholder,
(a) directly or indirectly induce or attempt to induce a policyholder to effect a replacement of a contract, or
(b) recommend the replacement of a contract.”

Section 509(2) of the Insurance Act (Alberta) provides that:

“(2) No person may, by means of misleading or false statements, procure or induce or attempt to procure or induce any person to forfeit, surrender or allow the lapse of any policy of insurance.”

Section 509(1) of the Insurance Act (Alberta) provides that:

“509(1) No insurer, insurance agent or adjuster may…
(b) engage in a tied selling practice prohibited by the regulations…”

Section 4 of the Fair Practices Regulation under the Insurance Act (Alberta) provides that:

“For the purpose of section 509(1)(b) of the Act, the following tied selling practices are prohibited:

(a) where an insurer or insurance agent other than the holder of a restricted certificate is asked to sell insurance to a person, informing the person that the person must purchase another product or service, including an insurance policy, from the insurer or insurance agent, as the case may be, before the insurance requested will be undertaken;

(b) where an insurer is asked to make a loan to a person, informing the person that the person must purchase a product or service, including an insurance policy, from the insurer before the loan will be made.”

N/A.

Section 93 of the Financial Institutions Act (British Columbia) provides that:

"(1) If, in the opinion of the superintendent, a form of contract, trust instrument or other document provided by a financial institution to its customers, or a form of application or advertisement relating to such a document, is unfair, misleading or deceptive, the superintendent, by order, may prohibit the use of that form by a financial institution.
(2) If, in the opinion of the superintendent, an insurer is issuing contracts of insurance for less than fair market value, the superintendent may order the insurer to cease doing so."

Section 177 of the Financial Institutions Act (British Columbia) provides that:

“177 A life insurance agent licensee must not:
(a) induce an insured to lapse, forfeit or surrender for cash, or for paid up or extended insurance, or for other valuable consideration, the insured’s contract of life insurance with one insurer in order to effect a contract of life insurance with another insurer, except in accordance with regulations made under section 289(4)(d) and (e);
(b) make any false or misleading statement or representation in the solicitation or negotiation of insurance, or
(c) coerce a prospective buyer of life insurance through the influence of a business or a professional relationship or otherwise to give preference in respect of the placing of life insurance that would not otherwise be given in the effecting of a life insurance contract.”

In addition, the Business Practices and Consumer Protection Act (British Columbia) contains provisions with respect to deceptive acts or practices and unconscionable acts or practices that may apply to the selling of insurance by insurance companies and insurance agents and brokers.

Section 93(1) of the Financial Institutions Act (British Columbia) provides that:

“(1) If, in the opinion of the commission, a form of contract in use between a financial institution and its customers or a form of application or advertisement relating to such a contract is unfair, misleading or deceptive, the commission by order may prohibit the use of that form by a financial institution.”

Section 79 of the Financial Institutions Act (British Columbia) provides that:

“(1)
A person, in relation to the sale of insurance, must not, directly or indirectly, pay or allow, or offer or agree to pay or allow, a rebate of premium or part of it or other consideration or thing of value intended to be a rebate of premium, unless the rebate of premium is less than a prescribed amount or percentage.
(2) This section does not apply to or in respect of
(a) a payment by way of dividend, of patronage allocation, of bonus or of profit that is provided for by a contract of insurance,
(b) a person who is licensed under Division 2 of Part 6 as an insurance agent or insurance salesperson and who negotiates for or procures insurance on the agent's or salesperson's own person or property, and receives for own use the regular agent's commission having first in good faith negotiated or placed insurance on other persons or property the premiums for which, in the aggregate, are not less than the aggregate of the premiums for the insurance negotiated or procured on the agent's or salesperson's own person or property, or
(c) the payment of a fee for a referral under section 178 (2).”

Section 178(2) of the Financial Institutions Act (British Columbia) provides that:

“(2) An insurance agent licensee may pay a fee or a portion of a commission to another insurance agent licensee in respect of business referred to that licensee.”

Section 2 of the Marketing of Financial Products Regulation under the Financial Institutions Act (British Columbia) provides that:

“For the purposes of section 79(1) of the Act, a rebate of premium must be less than 25% of the premium.”

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Section 177 of the Financial Institutions Act (British Columbia) provides that:

“177 A life insurance agent licensee must not:
(a) induce an insured to lapse, forfeit or surrender for cash, or for paid up or extended insurance, or for other valuable consideration, the insured’s contract of life insurance with one insurer in order to effect a contract of life insurance with another insurer, except in accordance with regulations made under section 289(4)(d) and (e)…”

The Insurance Contracts (Life Insurance) Replacement Regulation under the Financial Institutions Act (British Columbia) governs the replacement of life insurance contracts.

N/A.

N/A.

The Business Practices and Consumer Protection Act (British Columbia) contains provisions with respect to deceptive acts or practices and unconscionable acts or practices that may apply to the selling of insurance by insurance companies and insurance agents and brokers.

Section 113(2) of the Insurance Act (Manitoba) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

Section 113(1) of the Insurance Act (Manitoba) provides that:

““unfair or deceptive acts or practices in the business of insurance” includes:
(a) any unfair discrimination between individuals of the same class and of the same expectation of life, in the amount or payment or the return of premiums, or rates charged by it for contracts of life insurance or annuity contracts, or in the dividends or other benefits payable thereon or in the terms and conditions thereof,
(b) any unfair discrimination in any rate or schedule of rates between risks in Manitoba of essentially the same physical hazards in the same territorial classification,
(c) any illustration, circular, memorandum or statement that misrepresents, or by omission is so incomplete that it misrepresents, the terms, benefits or advantages of any policy or contract of insurance issued or to be issued,
(d) any false or misleading statement as to the terms, benefits or advantages of any contract or policy of insurance issued or to be issued,
(e) any incomplete comparison of any policy or contract of insurance with that of any other insurer for the purpose of inducing, or intending to induce, an insured to lapse, forfeit or surrender a policy or contract,
(f) except as permitted by the regulations, a direct or indirect payment, allowance or gift of, or an offer to directly or indirectly pay, allow or give, money or anything of value to induce a prospective insured to transact insurance with an insurer,
(g) except as permitted under subsection (2.1), a charge by a person for a premium allowance or fee other than as stipulated in a contract of insurance upon which a sales commission is payable to the person,
(h) any consistent practice or conduct that results in unreasonable delay or resistance to the fair adjustment and settlement of claims, and
(i) the commission of any act prohibited under this Act or the regulations.”

Section 2 of the Insurance (General Matters) Regulation to the Insurance Act (Manitoba) provides that:

“For the purpose of clause (f) of the definition “unfair or deceptive acts or practices in the business of insurance” in subsection 113(1) of the Act, a person is permitted to make a direct or indirect payment, allowance or gift of, or an offer to directly or indirectly pay, allow or give, money or another thing of value to induce a prospective insured to transact insurance with an insurer as long as the fair market value of the payment, allowance, gift or offer to the prospective insured does not exceed $25 per year.”

Section 113(2.1) of the Insurance Act (Manitoba) provides that:

“A person to whom a commission is payable in relation to a contract of insurance does not contravene subsection (2) by charging a premium allowance or fee other than as stipulated in the contract if
(a) the contract does not insure
(i) an owner-occupied residential property that the insured uses as a residence, including as a seasonal residence, or
(ii) rented property that the insured uses as a residence, including as a seasonal residence; and
(b) the premium allowance or fee is disclosed in accordance with the regulations.”

Section 91(2) of the Insurance Act (Manitoba) applies to life insurance policies and provides that:

“Where an insurer issues a policy or uses a form of application, or where an insurer or agent uses an advertisement, illustration, circular, memorandum or statement that, in the opinion of the superintendent, is unfair, fraudulent, or not in the public interest, the superintendent shall, after hearing the insurer or agent, prohibit
(a) the insurer or agent from issuing or using the form of policy or application; or
(b) the insurer or agent from issuing or using the advertisement, illustration, circular, memorandum or statement.”

The Life Insurance and Accident and Sickness Agent’s Code of Conduct published by the Life Insurance Council of Manitoba provides that:

“Fair Practices: Agents must not engage in practices that mislead the client or place the interests of others ahead of the client’s interests.  Unfair practices are contrary to the underlying spirit of this Code of Conduct.  The agent must refrain from practices that contravene, directly or indirectly, the spirit or intent of any of the principles or practices set out in this Code of Conduct.  Without limitation, any use of coercion, undue influence or intimidation to secure insurance business; defamation of an insurer or individual; or any other action that may undermine the reputation or public professional image of insurance; must not occur.”

Section 91(2) of the Insurance Act (Manitoba) applies to life insurance policies and provides that:

“Where an insurer issues a policy or uses a form of application, or where an insurer or agent uses an advertisement, illustration, circular, memorandum or statement that, in the opinion of the superintendent, is unfair, fraudulent, or not in the public interest, the superintendent shall, after hearing the insurer or agent, prohibit
(a) the insurer or agent from issuing or using the form of policy or application; or
(b) the insurer or agent from issuing or using the advertisement, illustration, circular, memorandum or statement.”

Sections 378(4) and (5) of the Insurance Act (Manitoba) provide that:

“(4) No insurer, and no officer, employee, or agent thereof, shall, directly or indirectly, pay, allow, or give, or offer or agree to pay, allow, or give, any rebate of the whole or part of the premium stipulated by the contract, or any other consideration or thing of value intended to be in the nature of a rebate of premium, to any person insured or applying for insurance.
(5) Nothing in subsection (3) or (4) affects any payment by way of dividend, bonus, profit or savings that is provided for by the contract.”

N/A.

Section 113(2) of The Insurance Act (Manitoba) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”
The definition of "unfair or deceptive acts or practices in the business of insurance" in subsection 113(1) includes:
“(f) except as permitted by the regulations, a direct or indirect payment, allowance or gift of, or any offer to directly or indirectly pay, allow or give, money or thing of value to induce a prospective insured to transact insurance with an insurer…”

Section 2 of the Insurance (General Matters) Regulation to The Manitoba Insurance Act provides that:

“For the purpose of clause (f) of the definition “unfair or deceptive acts or practices in the business of insurance” in subsection 113(1) of the Act, a person is permitted to make a direct or indirect payment, allowance or gift of, or an offer to directly or indirectly pay, allow or give, money or another thing of value to induce a prospective insured to transact insurance with an insurer as long as the fair market value of the payment, allowance, gift or offer to the prospective insured does not exceed $25 per year.”

Section 2 of the Life and Accident and Sickness Agent’s Code of Conduct of the Life Insurance Council of Manitoba provides that:

“An Agent must obtain or confirm information about the needs of the client and when making recommendations, must reasonably ensure that any product or service that is offered is suitable to fulfill the needs of the client.
Commentary:
To meet the obligations of this principle, the agent must…

• Refrain from replacing a contract with a new contract, or from inducing a client to replace a contract with a new contract, unless it appears that due to a change in circumstances an existing contract cannot be amended or changed (including ratings or exclusions) but should instead be replaced with another contract, and that such replacement is in the best interests of the client.
• Adhere to all applicable Insurance Council of Manitoba policies and procedures relative to recommending the replacement of life insurance, including the completion of all Insurance Council of Manitoba prescribed forms as required.”

The Direction and Guidance Notes Life Insurance Replacement Declaration (LIRD) of the Manitoba Insurance Council provides further guidance and requirements with respect to the replacement of life insurance contracts.

Section 113(2) of The Insurance Act (Manitoba) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

The definition of "unfair or deceptive acts or practices in the business of insurance" in paragraph 113(1) includes:
“(e) any incomplete comparison of any policy or contract of insurance with that of any other insurer for the purpose of inducing, or intending to induce, an insured to lapse, forfeit or surrender a policy or contract…”

N/A.

Section 113(2) of the Insurance Act (Manitoba) provides:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

Section 113 (1) of the Insurance Act (Manitoba) provides that:

““unfair or deceptive acts or practices in the business of insurance” includes:
(a) any unfair discrimination between individuals of the same class and of the same expectation of life, in the amount or payment or the return of premiums, or rates charged by it for contracts of life insurance or annuity contracts, or in the dividends or other benefits payable thereon or in the terms and conditions thereof,
(b) any unfair discrimination in any rate or schedule of rates between risks in Manitoba of essentially the same physical hazards in the same territorial classification…”

Section 91(2) of the Insurance Companies Act (Newfoundland and Labrador) provides that:

“(2) Where an insurer issues a policy or uses an application which, in the opinion of the superintendent, is unfair, fraudulent or not in the public interest, the superintendent may prohibit the insurer from issuing or using that form of policy or application.”

Sections 43(2) and (5) of the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) provide that:

“(2) Where the superintendent believes on reasonable grounds that a person has contravened this Act or regulations or where the superintendent believes on reasonable grounds that a person has engaged in, is engaging in or is about to engage in an unfair trade practice or unconscionable act or practice relating to insurance, the superintendent, or a person authorized by the superintendent, may with a warrant issued under subsection (3) at a reasonable time enter a place and may investigate, inquire into and examine the affairs in relation to the trade practice, act or practice relating to insurance in respect of which the investigation is being made and into books, documents, correspondence and records in relation to it…
(5) For the purposes of the Trade Practices Act, the interpretation of consumer transaction in that Act includes matters relating to insurance under this Act.”

The Trade Practices Act (Newfoundland and Labrador) was repealed on December 1, 2009 and replaced by the Consumers Protection and Business Practices Act (Newfoundland and Labrador).[1]  Section 9(1) of the Consumers Protection and Business Practices Act (Newfoundland and Labrador) provides that:

“A person shall not engage in an unfair business practice or unconscionable act or practice.”

Sections 7 and 8 of the Consumer Protection and Business Practices Act (Newfoundland and Labrador) define or describe unfair business practices and unconscionable acts or practices as follows:

“7. (1) In this Part, an unfair business practice is a representation, conduct or failure to disclose material facts that has the effect, or might reasonably have the effect, of deceiving or misleading a consumer, and includes
(a) a representation that the goods or services have sponsorship, approval, performance characteristics, accessories, ingredients, quantities, components, uses or benefits that they do not have;
(b) a representation that the supplier has sponsorship, approval, status, affiliation or connection that he or she does not have;
(c) a representation that the goods or services are of a particular standard, quality or grade where they are not;
(d) a representation that the goods are of a particular style, model or origin where they are not;
(e)  a representation that the goods have been used to an extent that is different from their actual use;
(f) a representation that the goods are new or unused where they are not or where they are reconditioned, reclaimed, altered or deteriorated;
(g) a representation that the goods have a particular prior history or use where they have not;
(h) a representation that the goods or services have been made available in accordance with a previous representation where they have not;
(i) a representation that the goods or services are available, or are available at a reduced price, for a reason that is different from the fact;
(j) a representation that the goods or services have been supplied in accordance with a previous representation, where they have not;
(k) a representation that the goods or services are available when the supplier knows or ought to know that they are not or has no intention of supplying them;
(l) a representation that a specific price advantage exists where it does not;
(m) a representation that a part, replacement, repair or adjustment is needed where it is not;
(n) a representation that repairs have been made or parts installed where that is not the case;
(o) a representation that the supplier is soliciting or communicating with consumers with a certain interest or purpose where he or she is not;
(p) a representation that a consumer transaction involves or does not involve rights, remedies or obligations where that representation is deceptive or misleading;
(q) a representation such that a consumer might reasonably conclude that the goods are available in greater quantities than are in fact available from the supplier;
(r) a representation as to the authority of a salesperson, representative, employee or agent to negotiate the final terms of a consumer transaction where the representation is not accurate;
(s) the giving of an estimate or evaluation of the price of goods or services that is materially less than the price subsequently determined or demanded, where the supplier has proceeded with the performance of the consumer transaction without the express prior consent of the consumer;
(t) the giving of less prominence in an advertisement or display to the total price of goods or services than to the price of a part of the goods or services;
(u) the giving of less prominence in a representation, advertisement or display to the amount of an instalment to be paid for goods or services than to the total price of the goods or services;
(v) a representation that goods or services are free when that is not the case; and
(w) a representation using exaggeration, innuendo or ambiguity as to a material fact.
(2) An unfair business practice may occur before, during or after a consumer transaction notwithstanding that the consumer transaction is not completed or a consumer has not suffered loss or damage.
(3) With the exception of paragraphs (1)(t) and (u), subsection (1) does not apply to a supplier who, on behalf of another supplier, broadcasts by radio or television, or prints, publishes or distributes an advertisement that he or she has accepted in good faith.

8. (1) In determining whether an act or practice is unconscionable the court shall consider the circumstances that the supplier knew or ought to have known, including

(a) that at the time the consumer transaction was entered into there was no reasonable probability of full payment of the purchase price by the consumer;
(b) that the consumer was unable to receive a substantial benefit from the consumer transaction;
(c) that at the time the consumer transaction was entered into the price grossly exceeded the price at which similar goods or services were available to similar consumers;
(d) that the terms and conditions of the consumer transaction were so one-sided, harsh or adverse to the consumer as to be inequitable;
(e) that the supplier used trickery or undue pressure in order to induce the consumer to enter into the consumer transaction; or
(f) that the supplier took advantage of the extreme necessity or helplessness of the consumer or the inability of the consumer to protect his or her interests because of his or her physical or mental disability, his or her ignorance, illiteracy, age or emotional state, or his or her inability to understand the character, nature or language of the consumer transaction.
(2) An unconscionable act or practice may occur before, during or after a consumer transaction.”

Section 91(2) of the Insurance Companies Act (Newfoundland and Labrador) provides that:

“(2) Where an insurer issues a policy or uses an application which, in the opinion of the superintendent, is unfair, fraudulent or not in the public interest, the superintendent may prohibit the insurer from issuing or using that form of policy or application.”

Section 96 of the Insurance Companies Act (Newfoundland and Labrador) provides that:

“(1) An insurer and an officer, employee or agent of an insurer who, directly or indirectly… pays, allows or gives or offers or agrees to pay, allow or give a rebate of the whole or part of the premium stipulated by the policy or another consideration or thing of value intended to be in the nature of a rebate of premium to a person insured or applying for insurance in respect of life, person or property in the province is guilty of an offence.
(2) Nothing in this section affects a payment by way of dividend, bonus, profit or savings which is provided for by a policy or shall be construed so as to prevent an insurer compensating a salaried employee of its head or branch office in respect of insurance issued by the employing insurer upon the life of that employee or so as to require that the employee shall be licensed as a representative of a life insurer licensed under the Insurance Adjusters, Agents and Brokers Act to effect that insurance.”

Section 96(1) of the Insurance Companies Act (Newfoundland and Labrador) provides that:

“An insurer and an officer, employee or agent of an insurer who, directly or indirectly, makes or attempts to make an agreement as to the premium to be paid for a policy other than as set out in the policy… to a person insured or applying for insurance in respect of life, person or property in the province is guilty of an offence.”

N/A.

Part III of the Insurance Adjusters, Agents and Brokers Regulations under the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) governs the replacement of life insurance contracts. 

Section 70 provides that:

“A person shall not directly or indirectly induce or attempt to induce a policy owner to replace an existing contract of life insurance with a new contract of life insurance where the replacement may be detrimental to the interests of the policy owner.”

N/A.

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Section 369.2 of the Insurance Act (New Brunswick) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

Section 369.1 of the Insurance Act (New Brunswick) provides that:

““unfair or deceptive acts or practices in the business of insurance” includes:
(a) the commission of any act prohibited under this Act or the regulations,
(b) any discrimination between individuals of the same class and of the same expectation of life, in the amount or payment or return of premiums, or rates charged by it for contracts of life insurance or annuity contracts, or in the dividends or other benefits payable thereon or in the terms and conditions thereof,
(c) any discrimination in any rate or schedule of rates between risks in the Province of essentially the same physical hazards in the same territorial classification,
(d) any illustration, circular, memorandum or statement that misrepresents, or by omission is so incomplete that it misrepresents, the terms, benefits or advantages of any policy or contract of insurance issued or to be issued,
(e) any false or misleading statement as to the terms, benefits or advantages of any contract or policy of insurance issued or to be issued,
(f) any incomplete comparison of any policy or contract of insurance with that of any other insurer for the purpose of inducing, or intending to induce, an insured to lapse, forfeit or surrender a policy or contract,
(g) any payment, allowance or gift, or any offer to pay, allow or give, directly or indirectly, any money or thing of value as an inducement to any prospective insured to insure,
(h) any charge by a person for a premium allowance or fee other than as stipulated in a contract of insurance upon which a sales commission is payable to such person, or
(i) any consistent practice or conduct that results in unreasonable delay or resistance to the fair adjustment and settlement of claims.”

Section 117(2) of the Insurance Act (New Brunswick) provides that:

“117(2) The Superintendent shall report to the Financial and Consumer Services Commission any case in which an insurer issues a policy or uses an application that in the opinion of the Superintendent is unfair, fraudulent or not in the public interest, and, if the Financial and Consumer Services Commission concurs with the report after hearing the insurer, it may order the Superintendent to prohibit the insurer from issuing or using that form of policy or application.

Section 117(2) of the Insurance Act (New Brunswick) provides that:

“117(2) The Superintendent shall report to the Financial and Consumer Services Commission any case in which an insurer issues a policy or uses an application that in the opinion of the Superintendent is unfair, fraudulent or not in the public interest, and, if the Financial and Consumer Services Commission concurs with the report after hearing the insurer, it may order the Superintendent to prohibit the insurer from issuing or using that form of policy or application."

Sections 368(5) and 368(6) of the Insurance Act (New Brunswick) provide that:

“368(5) No insurer and no officer, employee or agent thereof, and no broker, shall, directly or indirectly…pay, allow to give, or offer or agree to pay, allow or give, any rebate of the whole or part of the premium stipulated by the policy, or any other consideration or thing of value intended to be in the nature of a rebate of premium, to any person insured or applying for insurance in respect of life, person or property in the Province.

368(6) Nothing in this section affects any payment by way of dividend, bonus, profit or savings that is provided for by the policy.”

Section 368(5) of the Insurance Act (New Brunswick) provides that:

“No insurer and no officer, employee or agent thereof, and no broker, shall, directly or indirectly, make or attempt to make any agreement as to the premium to be paid for a policy other than as set forth in the policy… to any person insured or applying for insurance in respect of life, person or property in the Province.”

Section 369.2 of the Insurance Act (New Brunswick) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

The definition of "unfair or deceptive acts or practices in the business of insurance" in section 369.1 of the Insurance Act (New Brunswick) includes:
“(g) any payment, allowance or gift, or any offer to pay, allow or give, directly or indirectly, any money or thing of value as an inducement to any prospective insured to insure…”

N/A.

Section 369.2 of the Insurance Act (New Brunswick) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

The definition of "unfair or deceptive acts or practices in the business of insurance" in subsection 369.1 of the Insurance Act (New Brunswick) includes:
“…(f) any incomplete comparison of any policy or contract of insurance with that of any other insurer for the purpose of inducing, or intending to induce, an insured to lapse, forfeit or surrender a policy or contract…”

N/A.

Section 369.2 of the Insurance Act (New Brunswick) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

Section 369.1 of the Insurance Act (New Brunswick) provides that:

““unfair or deceptive acts or practices in the business of insurance” includes…
(a) any discrimination between individuals of the same class and of the same expectation of life, in the amount or payment or return of premiums, or rates charged by it for contracts of life insurance or annuity contracts, or in the dividends or other benefits payable thereon or in the terms and conditions thereof,
(b) any discrimination in any rate or schedule of rates between risks in the Province of essentially the same physical hazards in the same territorial classification…”

Section 34(2) of the Insurance Act (Northwest Territories) provides that:

“The Superintendent shall report to the Minister any case where an insurer issues a policy or uses an application that, in the opinion of the Superintendent, is unfair, fraudulent or not in the public interest and, after hearing the insurer, the Minister may, if the Minister concurs with the report, order the Superintendent to prohibit the insurer from issuing or using that form of policy or application, and every insurer that issues that policy or uses that application after being so prohibited is guilty of an offence.”

Section 57 of the Insurance Act (Northwest Territories) provides that:

“57. Every licensed insurer that discriminates unfairly between risks in the Northwest Territories because of the race or religion of the insured is guilty of an offence.”

Section 240 of the Insurance Act (Northwest Territories) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

Section 239 of the Insurance Act (Northwest Territories) provides that:

""unfair or deceptive acts or practices in the business of insurance" includes
(a) the commission of any act prohibited under this Act or the regulations;
(b) any unfair discrimination between individuals of the same class and of the same expectation of life, the amount or payment or return of premiums, or rates charged by it for contracts of life insurance or annuity contracts, or in the dividends or other benefits payable thereon or in the terms and conditions thereof;
(c) any unfair discrimination in any rate or schedule of rates between risks in the Northwest Territories of essentially the same physical hazards in the same territorial classification;
(d) any illustration, circular, memorandum or statement that misrepresents, or by omission is so incomplete that it misrepresents, the terms, benefits or advantages of any policy or contract of insurance issued or to be issued;
(e) any false or misleading statement as to the terms, benefits or advantages of any contract or policy of insurance issued or to be issued;
(f) any incomplete comparison of any policy or contract of insurance with that of any other insurer for the purpose of inducing, or intending to induce, an insured to lapse, forfeit or surrender a policy or contract;
(g) any payment, allowance or offer to pay, allow or give, directly or indirectly, any money or thing of value as an inducement to any prospective insured to insure;
(h) any charge by a person for a premium allowance or fee other than as stipulated in a contract of insurance on which a sales commission is payable to that person; and
(i) any consistent practice or conduct that results in unreasonable delay or resistance to the fair adjustment and settlement of claims."

Section 34(2) of the Insurance Act (Northwest Territories) provides that:

“The Superintendent shall report to the Minister any case where an insurer issues a policy or uses an application that, in the opinion of the Superintendent, is unfair, fraudulent or not in the public interest and, after hearing the insurer, the Minister may, if the Minister concurs with the report, order the Superintendent to prohibit the insurer from issuing or using that form of policy or application, and every insurer that issues that policy or uses that application after being so prohibited is guilty of an offence.”

Sections 231(2) and 231(3) of the Insurance Act (Northwest Territories) provide that:

“231(2) No insurer, and no officer, employee or agent of an insurer, and no broker shall directly or indirectly…pay, allow or give, or offer or agree to pay, allow or give, a rebate of the whole or part of the premium stipulated by the policy, or any other consideration or thing of value intended to be in the nature of a rebate of premium, to any person insured or applying for insurance in respect of life, person or property in the Territories, and every insurer or other person who contravenes this subsection is guilty of an offence.
231(3) Nothing in this section affects any payment by way of dividend, bonus, profit or savings that is provided for by the policy, or shall be construed so as to prevent an insurer compensating a bona fide salaried employee of its head office or branch office in respect of insurance issued by the employing insurer on the life of that employee or on the property or interests in the Territories of that employee or so as to require that such employee shall be licensed as an agent under this Act to affect that insurance.”

Section 231(2) of the Insurance Act (Northwest Territories) provides that:

“231(2) No insurer, and no officer, employee or agent of an insurer, and no broker shall directly or indirectly make or attempt to make an agreement as to the premium to be paid for a policy other than as set out in the policy… to any person insured or applying for insurance in respect of life, person or property in the Territories, and every insurer or other person who contravenes this subsection is guilty of an offence.”

Section 240 of the Insurance Act (Northwest Territories) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

The definition of "unfair or deceptive acts or practices in the business of insurance" in section 239 of the Insurance Act (Northwest Territories), includes:
“(g) any payment, allowance or gift, or any offer to pay, allow or give, directly or indirectly, any money or thing of value as an inducement to any prospective insured to insure…”

N/A.

Section 240 of the Insurance Act (Northwest Territories) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

The definition of "unfair or deceptive acts or practices in the business of insurance" in section 239 of the Insurance Act (Northwest Territories), includes:
“…(f) any incomplete comparison of any policy or contract of insurance with that of any other insurer for the purpose of inducing, or intending to induce, an insured to lapse, forfeit or surrender a policy or contract…”

N/A.

Section 57 of the Insurance Act (Northwest Territories) provides that:

“57. Every licensed insurer that discriminates unfairly between risks in the Northwest Territories because of the race or religion of the insured is guilty of an offence.”

Section 240 of the Insurance Act (Northwest Territories) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

Section 239 of the Insurance Act (Northwest Territories) provides that:

""unfair or deceptive acts or practices in the business of insurance" includes…
(a) any unfair discrimination between individuals of the same class and of the same expectation of life, the amount or payment or return of premiums, or rates charged by it for contracts of life insurance or annuity contracts, or in the dividends or other benefits payable thereon or in the terms and conditions thereof;
(b) any unfair discrimination in any rate or schedule of rates between risks in the Northwest Territories of essentially the same physical hazards in the same territorial classification…”

Section 15(2) of the Insurance Act (Nova Scotia) provides that:

“(2) Where an insurer issues a policy or uses an application, or endorsement or rider or advertising material that, in the opinion of the Superintendent, is unfair, fraudulent, unduly restrictive or not in the public interest, he may prohibit the insurer from issuing or using that form of policy, application, endorsement, rider or advertising material.”

Section 15(2) of the Insurance Act (Nova Scotia) provides that:

“(2) Where an insurer issues a policy or uses an application, or endorsement or rider or advertising material that, in the opinion of the Superintendent, is unfair, fraudulent, unduly restrictive or not in the public interest, he may prohibit the insurer from issuing or using that form of policy, application, endorsement, rider or advertising material.”

Section 40 of the Insurance Act (Nova Scotia) provides that:

“No insurer and no licensed agent shall, directly or indirectly, …
(b) pay, allow or give, or offer or agree to pay, allow or give
(i) any rebate of the whole or part of the premium stipulated by the policy to, or
(ii) any other consideration intended to be in the nature of a rebate of premium to,
any person insured or applying for insurance.”

Section 40 of the Insurance Act (Nova Scotia) provides that:

“No insurer and no licensed agent shall, directly or indirectly,
(a) make or attempt to make any agreement in respect of the premium to be paid for a policy other than as set forth in the policy with…
any person insured or applying for insurance.”

N/A.

Sections 43 and 44 of the Insurance Act (Nova Scotia) provide that:

“43 No person shall, by means of a false or misleading representation, procure or induce, or attempt to procure or induce any person to forfeit, lapse or surrender a policy.
44 Every agent, upon taking an application where replacement of an existing contract of life insurance by another contract of life insurance is intended, shall give the applicant a disclosure statement as prescribed in the regulations.”

The regulations to the Insurance Act (Nova Scotia) do not prescribe such a disclosure statement.

Section 43 of the Insurance Act (Nova Scotia) provides that:

“No person shall, by means of a false or misleading representation, procure or induce, or attempt to procure or induce any person to forfeit, lapse or surrender a policy.”

N/A.

N/A.

Section 34(2) of the Insurance Act (Nunavut) provides that:

“The Superintendent shall report to the Minister any case where an insurer issues a policy or uses an application that, in the opinion of the Superintendent, is unfair, fraudulent or not in the public interest and, after hearing the insurer, the Minister may, if the Minister concurs with the report, order the Superintendent to prohibit the insurer from issuing or using that form of policy or application, and every insurer that issues that policy or uses that application after being so prohibited is guilty of an offence.”

Section 57 of the Insurance Act (Nunavut) provides that:

“Every licensed insurer that discriminates unfairly between risks in Nunavut because of the race or religion of the insured is guilty of an offence.”

Section 240 of the Insurance Act (Nunavut) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

Section 239 of the Insurance Act (Nunavut) provides that:

""unfair or deceptive acts or practices in the business of insurance" includes:
(a) the commission of any act prohibited under this Act or the regulations;
(b) any unfair discrimination between individuals of the same class and of the same expectation of life, the amount or payment or return of premiums, or rates charged by it for contracts of life insurance or annuity contracts, or in the dividends or other benefits payable thereon or in the terms and conditions thereof;
(c) any unfair discrimination in any rate or schedule of rates between risks in Nunavut of essentially the same physical hazards in the same territorial classification;
(d) any illustration, circular, memorandum or statement that misrepresents, or by omission is so incomplete that it misrepresents, the terms, benefits or advantages of any policy or contract of insurance issued or to be issued;
(e) any false or misleading statement as to the terms, benefits or advantages of any contract or policy of insurance issued or to be issued;
(f) any incomplete comparison of any policy or contract of insurance with that of any other insurer for the purpose of inducing, or intending to induce, an insured to lapse, forfeit or surrender a policy or contract;
(g) any payment, allowance or gift, or any offer to pay, allow or give, directly or indirectly, any money or thing of value as an inducement to any prospective insured to insure;
(h) any charge by a person for a premium allowance or fee other than as stipulated in a contract of insurance on which a sales omission is payable to that person; and
(i) any consistent practice or conduct that results in unreasonable delay or resistance to the fair adjustment and settlement of claims.”

Section 34(2) of the Insurance Act (Nunavut) provides that:

“The Superintendent shall report to the Minister any case where an insurer issues a policy or uses an application that, in the opinion of the Superintendent, is unfair, fraudulent or not in the public interest and, after hearing the insurer, the Minister may, if the Minister concurs with the report, order the Superintendent to prohibit the insurer from issuing or using that form of policy or application, and every insurer that issues that policy or uses that application after being so prohibited is guilty of an offence.”

Sections 231(2) and 231(3) of the Insurance Act (Nunavut) provide that:

“231(2) No insurer, and no officer, employee or agent of an insurer, and no broker shall directly or indirectly… offer or agree to pay, allow or give, a rebate of the whole or part of the premium stipulated by the policy, or any other consideration or thing of value intended to be in the nature of a rebate of premium, to any person insured or applying for insurance in respect of life, person or property in the Territories, and every insurer or other person who contravenes this subsection is guilty of an offence.
231(3) Nothing in this section affects any payment by way of dividend, bonus, profit or savings that is provided for by the policy, or shall be construed so as to prevent an insurer compensating a bona fide salaried employee of its head office or branch office in respect of insurance issued by the employing insurer on the life of that employee or on the property or interests in the Territories of that employee or so as to require that such employee shall be licensed as an agent under this Act to affect that insurance.”

Section 231(2) of the Insurance Act (Nunavut) provides that:

“231(2) No insurer, and no officer, employee or agent of an insurer, and no broker shall directly or indirectly make or attempt to make an agreement as to the premium to be paid for a policy other than as set out in the policy… to any person insured or applying for insurance in respect of life, person or property in the Territories, and every insurer or other person who contravenes this subsection is guilty of an offence.”

Section 240 of the Insurance Act (Nunavut) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”
For the purposes of section 240 of the Insurance Act (Nunavut), the definition of the “unfair and deceptive acts or practices in the business of insurance”, section 239, paragraph (g) provides that:
“(g) any payment, allowance or gift, or any offer to pay, allow or give, directly or indirectly, any money or thing of value as an inducement to any prospective insured to insure…”

N/A.

Section 240 of the Insurance Act (Nunavut) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

For the purposes of section 240 of the Insurance Act (Nunavut), the definition of the “unfair and deceptive acts or practices in the business of insurance”, section 239, paragraph (f) provides that:
“…(f) any incomplete comparison of any policy or contract of insurance with that of any other insurer for the purpose of inducing, or intending to induce, an insured to lapse, forfeit or surrender a policy or contract…”

N/A.

Section 57 of the Insurance Act (Nunavut) provides that:

“Every licensed insurer that discriminates unfairly between risks in Nunavut because of the race or religion of the insured is guilty of an offence.”

Section 240 of the Insurance Act (Nunavut) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

Section 239 of the Insurance Act (Nunavut) provides that:

""unfair or deceptive acts or practices in the business of insurance" includes…
(a) any unfair discrimination between individuals of the same class and of the same expectation of life, the amount or payment or return of premiums, or rates charged by it for contracts of life insurance or annuity contracts, or in the dividends or other benefits payable thereon or in the terms and conditions thereof;
(b) any unfair discrimination in any rate or schedule of rates between risks in Nunavut of essentially the same physical hazards in the same territorial classification…”

Section 117(2) of the Insurance Act (Ontario) provides that:

“If an insurer issues a policy or uses an application that, in the opinion of the Superintendent, is unfair, fraudulent, or not in the public interest, the Superintendent may prohibit the insurer from issuing or using the form of policy or application.”

Section 140 of the Insurance Act (Ontario) provides that:

“Any licensed insurer that discriminates unfairly between risks in Ontario because of the race or religion of the insured is guilty of an offence.”

Section 439 of the Insurance Act (Ontario) provides that:

“No person shall engage in any unfair or deceptive act or practice.”

Section 438 of the Insurance Act (Ontario) provides that:

““unfair or deceptive acts or practices” means any activity or failure to act that is prescribed as an unfair or deceptive act or practice.”

Sections 1 to 3, 5 and 6 of the Unfair or Deceptive Acts or Practices Regulations under the Insurance Act (Ontario), provide that:
“1. For the purposes of the definition of “unfair or deceptive act or practice” in section 438 of the Act, each of the following actions is prescribed as an unfair or deceptive act or practice:
1. The commission of any act prohibited under the Act or the regulations.
2. Any unfair discrimination between individuals of the same class and of the same expectation of life, in the amount or payment or return of premiums, or rates charged for contracts of life insurance or annuity contracts, or in the dividends or other benefits payable on such contracts or in the terms and conditions of such contracts.
3. Any unfair discrimination in any rate or schedule of rates between risks in Ontario of essentially the same physical hazards in the same territorial classification.
4. Any illustration, circular, memorandum or statement that misrepresents, or by omission is so incomplete that it misrepresents, terms, benefits or advantages of any policy or contract of insurance issued or to be issued.
5. Any false or misleading statement as to the terms, benefits or advantages of any contract or policy of insurance issued or to be issued.
6. Any incomplete comparison of any policy or contract of insurance with that of any other insurer for the purpose of inducing or intending to induce an insured to lapse, forfeit or surrender a policy or contract.
7. Any payment, allowance or gift or any offer to pay, allow or give, directly or indirectly, any money or thing of value as an inducement to any prospective insured to insure.
8. Any charge by a person for a premium allowance or fee other than as stipulated in a contract of insurance upon which a sales commission is payable to the person.
9. Any conduct resulting in unreasonable delay in, or resistance to, the fair adjustment and settlement of claims.
10. Making the issuance or variation of a policy of automobile insurance conditional on the insured having or purchasing another insurance policy.
11. When rating a person or a vehicle as an insurance risk for the purpose of determining the premium payable for a policy of automobile insurance, misclassifying the person or vehicle under the risk classification system used by the insurer or that the insurer is required by law to use.
12. The use of a document in place of a form approved for use by the Superintendent, unless none of the deviations in the document from the approved form affects the substance or is calculated to mislead.
13. Any examination or purported examination under oath that does not comply with the requirements under the Act or the regulations.

2. (1) For the purposes of the definition of “unfair or deceptive act or practice” in section 438 of the Act, an action described in this section by an insurer, by an officer, employee or agent of an insurer or by a broker is prescribed as an unfair or deceptive act or practice:
1. When such a person makes or attempts to make, directly or indirectly, an agreement with a person insured or applying for insurance in respect of life, person or property in Ontario as to the premium to be paid for a policy that is different from the premium set out in the policy.
2. When such a person pays, allows or gives, directly or indirectly, a rebate of all or part of the premium stipulated by a policy to a person insured or applying for insurance in respect of life, person or property in Ontario, or offers or agrees to do so.
3. When such a person pays, allows or gives, directly or indirectly, any consideration or thing of value that is intended to be in the nature of a rebate of the premium, stipulated by a policy to a person insured or applying for insurance in respect of life, person or property in Ontario, or offers or agrees to do so.
4. When such a person uses credit information or a prohibited factor,
i. in processing or otherwise responding to requests for quotations for automobile insurance,
ii. in processing or otherwise responding to requests for applications to apply for automobile insurance,
iii. in processing or otherwise responding to completed and signed applications for automobile insurance,
iv. in processing offers to renew existing contracts of automobile insurance, or
v. in connection with any other matter relating to quotations for automobile insurance, applications for automobile insurance or renewals of existing contracts of automobile insurance.
5. When such a person applies any information or other factor in a prohibited manner on receiving a request for a quotation for automobile insurance, a request for an application to apply for automobile insurance, an application for automobile insurance or in connection with an offer to renew an existing contract of automobile insurance.
6. When such a person requires someone to consent or to obtain the consent of another person to the collection, use or disclosure of any credit information as a condition for providing a quotation for automobile insurance or an offer to renew an existing contract of automobile insurance.
7. When such a person collects, uses or discloses any credit information about someone in any manner in connection with automobile insurance, other than,
i. for the limited purposes, if any, described in the form of application for insurance approved by the Superintendent under subsection 227 (1) of the Act, or
ii. in accordance with the consent obtained in compliance with the Personal Information Protection and Electronic Documents Act (Canada) of the person to whom the information relates.
8. When, in connection with a request for a quotation for automobile insurance or an application for automobile insurance made to an affiliated insurer, or an offer by an affiliated insurer to renew an existing contract of automobile insurance, such a person fails to provide the lowest rate available from the insurer or any of the insurers with which it is affiliated in accordance with,
i. their declination grounds, and
ii. their rates and risk classification systems as approved under the Act or the Automobile Insurance Rate Stabilization Act, 2003.

3. (1) For the purposes of the definition of “unfair or deceptive acts or practices” in section 438 of the Act, each act and omission listed in subsection (2) is prescribed as an unfair or deceptive act or practice if it is committed by or on behalf of a person with the expectation that a benefit will be received that is funded, directly or indirectly, out of the proceeds of insurance.
(2) The following are the acts and omissions listed for the purposes of subsection (1):
1. Charging an amount in consideration for the provision of goods or services to or for the benefit of a person who claims statutory accident benefits or who otherwise claims payment under a contract of insurance, if the goods or services are not provided.
2. Soliciting or demanding a referral fee, directly or indirectly, by or from a person who provides goods or services to or for the benefit of a person who claims statutory accident benefits or who otherwise claims payment under a contract of insurance.
3. Acceptance of a referral fee, directly or indirectly, by or from a person who provides goods or services to or for the benefit of a person who claims statutory accident benefits or who otherwise claims payment under a contract of insurance.
4. The payment of a referral fee, directly or indirectly, to or by a person who provides goods or services to or for the benefit of a person who claims statutory accident benefits or who otherwise claims payment under a contract of insurance.
5. Charging an amount in consideration for the provision of goods or services to or for the benefit of a person who claims statutory accident benefits or who otherwise claims payment under a contract of insurance, where the amount charged unreasonably exceeds the amount charged to other persons for similar goods or services.
6. The failure to disclose a conflict of interest to a person who claims statutory accident benefits or to an insurer, as required under the Statutory Accident Benefits Schedule.
7. Requiring, requesting or permitting a person who claims statutory accident benefits or who otherwise claims payment under a contract of insurance to sign, before it has been completed in full, a claims form or other document that is required to be in a form approved by the Superintendent or any form or document that is specified in a Guideline applicable for the purposes of the Statutory Accident Benefits Schedule — Effective September 1, 2010.
8. The communication of any false, misleading or deceptive information by a person who provides or offers to provide goods or services to or for the benefit of a person who claims statutory accident benefits or who otherwise claims payment under a contract of insurance regarding any of the following:
i.The business and billing practices of the person who provides or offers to provide the goods or services.
ii. The licence status of the person who provides or offers to provide the goods or services, or any other information related to a licence issued to the person under subsection 288.5 (3) of the Act.

(3) For the purposes of paragraphs 1 to 5 of subsection (2), a person who provides goods or services includes,
(a) a person who provides towing services or who owns or operates a tow truck;
(b) a person engaged in the provision of vehicle repair services; and
(c) a person engaged in the provision of automobile storage services.
(4) This section does not apply to a lawyer or paralegal with respect to activities that constitute practicing law or providing legal services, as the case may be, as authorized under the Law Society Act. However, paragraph 6 of subsection (2) applies at all times with respect to lawyers and paralegals...
5. For the purposes of the definition of “unfair or deceptive acts or practices” in section 438 of the Act, each of the following actions, if done on or after March 1, 2006, is prescribed as an unfair or deceptive act or practice in relation to a claim for statutory accident benefits under the Statutory Accident Benefits Schedule — Accidents on or after November 1, 1996 (in this section referred to as the Schedule): 1. The failure or refusal of an insurer without reasonable cause to pay a claim for goods or services or for the cost of an assessment within the time prescribed for payment in the Schedule.
2. The determination by an insurer that a person is not entitled to a statutory accident benefit or that a person does not have a catastrophic impairment if,
i. the insurer makes the determination before obtaining a report of an examination in respect of the person under section 42 of the Schedule, and
ii. the Schedule does not authorize the insurer to make the determination without having obtained the report.
3. The making of a statement by or on behalf of an insurer for the purposes of an adjustment or settlement of a claim if the insurer knows or ought to know that the statement misrepresents or unfairly presents the findings or conclusions of a person who conducted an examination under section 42 of the Schedule.
4. A requirement by an insurer that an insured person attend for an examination under section 42 of the Schedule conducted by a person whom the insurer knows or ought to know is not reasonably qualified by training or experience to conduct the examination.
5. A requirement by an insurer that an insured person attend for an examination under section 42 of the Schedule that the insurer knows or ought to know is not reasonably required for the purposes authorized under the Schedule.
6. The failure of an insurer to obtain the written and signed consent of an insured person in the approved form before a pre-claim examination under section 32.1 of the Schedule is conducted in respect of the insured person.

6. For the purposes of the definition of “unfair or deceptive acts or practices” in section 438 of the Act, each of the following actions is prescribed as an unfair or deceptive act or practice in relation to a claim for statutory accident benefits under the Statutory Accident Benefits Schedule — Effective September 1, 2010, made under the Act (in this section referred to as the Schedule):
1. The failure or refusal of an insurer without reasonable cause to pay a claim for goods or services or for the cost of an assessment within the time prescribed for payment in the Schedule.
2. The making of a statement by or on behalf of an insurer for the purposes of an adjustment or settlement of a claim if the insurer knows or ought to know that the statement misrepresents or unfairly presents the findings or conclusions of a person who conducted an examination under section 44 of the Schedule."

Section 17 of the Agents Regulation to the Insurance Act (Ontario) provides that:

“17. An agent who holds a life insurance licence shall not,
(a)offer inducement or use coercion or undue influence in order to control, direct or secure insurance business;
(b) for the purpose of encouraging the insured under an existing contract of life insurance to enter into another contract of life insurance, directly or indirectly induce or attempt to induce the insured to,
(i)allow the existing contract to lapse, contrary to the insured’s interests,
(ii) surrender the existing contract for cash, paid up or extended insurance, or other valuable consideration, contrary to the insured’s interests, or
(iii) borrow a substantial amount against the existing contract, whether in a single loan or over a period of time, contrary to the insured’s interests;
(c) make a false or misleading statement or representation in the solicitation or registration of insurance;
(d) make or deliver an incomplete comparison of any policy or contract of insurance with that of another insurer in the solicitation or registration of insurance;
(e) coerce or propose, directly or indirectly, to coerce a prospective buyer of life insurance through the influence of a professional or a business relationship or otherwise to give a preference with respect to the policy of life insurance that would not otherwise be given on the effecting of a life insurance contract; or
(f) hold himself, herself or itself out, directly or indirectly, by representation or omission, in a way that is misleading in respect of the insurers on whose behalf the agent acts.”

Section 117(2) of the Insurance Act (Ontario) provides that:

“If an insurer issues a policy or uses an application that, in the opinion of the Superintendent, is unfair, fraudulent, or not in the public interest, the Superintendent may prohibit the insurer from issuing or using the form of policy or application.”

Section 439 of the Insurance Act (Ontario) prohibits unfair and deceptive acts or practices:

“No person shall engage in any unfair or deceptive act or practice”.

Paragraphs (2) and (3) of Section 2 of the Unfair or Deceptive Acts or Practices Regulation under the Insurance Act (Ontario), provides that:

“For the purposes of the definition of “unfair or deceptive act or practice” in section 438 of the Act, an action described in this section by an insurer, by an officer, employee or agent of an insurer or by a broker is prescribed as an unfair or deceptive act or practice…
(2) When such a person pays, allows or gives, directly or indirectly, a rebate of all or part of the premium stipulated by a policy to a person insured or applying for insurance in respect of life, person or property in Ontario, or offers or agree to do so.
(3) When such a person pays, allows or gives, directly or indirectly, any consideration or thing of value that is intended to be in the nature of a rebate of the premium, stipulated by a policy to a person insured or applying for insurance in respect of life, person or property in Ontario, or offers or agree to do so.”
The Guidelines on Marketing Practices published by the Registered Insurance Brokers of Ontario, which apply to property and casualty insurance brokers, provide that:
“Rebating is strictly prohibited. Rebating is directly or indirectly making or attempting to make an agreement as to the premium to be paid for a policy other than as set forth in the policy, or paying, allowing or giving, or offering or agreeing to pay, allow or give, a rebate of the whole or part of the premium stipulated by the policy or any other consideration or thing of value intended to be in the nature of a rebate of premium to any person insured or applying for insurance in respect of person or property in Ontario.”

Section 439 of the Insurance Act (Ontario) prohibits unfair and deceptive acts or practices:

“No person shall engage in any unfair or deceptive act or practice”.

Paragraph (1) of Section 2 of the Unfair or Deceptive Acts or Practices Regulation under the Insurance Act (Ontario), provides that:
“For the purposes of the definition of “unfair or deceptive act or practice” in section 438 of the Act, an action described in this section by an insurer, by an officer, employee or agent of an insurer or by a broker is prescribed as an unfair or deceptive act or practice:
(1) When such a person makes or attempts to make, directly or indirectly, an agreement with a person insured or applying for insurance in respect of life, person or property in Ontario as to the premium to be paid for a policy that is different from the premium set out in the policy.”

Section 439 of the Insurance Act (Ontario) provides that:

“No person shall engage in any unfair or deceptive act or practice.”
The definition of "unfair or deceptive acts or practices in the business of insurance" in Section 1of the Unfair Or Deceptive Acts Or Practices Regulations under the Insurance Act (Ontario), includes:
“Any payment, allowance or gift or any offer to pay, allow or give, directly or indirectly, any money or thing of value as an inducement to any prospective insured to insure.”

Section 17 of the Agents Regulation to the Insurance Act (Ontario) provides that:

“17. An agent who holds a life insurance licence shall not,
(a) offer inducement or use coercion or undue influence in order to control, direct or secure insurance business…

The Guidelines on Marketing Practices published by the Registered Insurance Brokers of Ontario (“RIBO”), which apply to property and casualty insurance brokers, provide that:
“RIBO’s position is that giveaways are acceptable as long as they are nominal in value (under $100.00) and not tied to the purchase of insurance.
Inducements for the obtaining of expiry dates and/or for the opportunity to quote on a piece of business are acceptable as long as such inducements are not contingent upon the purchase of an insurance product.
A raffle is acceptable as long as it is not tied to insurance product purchase. Some consideration will be given to brokers who have a booth at a trade show where “business card” raffles and contests for prizes are commonplace.”

Section 17 of the Agents Regulation to the Insurance Act (Ontario) provides that:

“17. An agent who holds a life insurance licence shall not…
(b) for the purpose of encouraging the insured under an existing contract of life insurance to enter into another contract of life insurance, directly or indirectly induce or attempt to induce the insured to,
(i) allow the existing contract to lapse, contrary to the insured’s interests,
(ii) surrender the existing contract for cash, paid up or extended insurance, or other valuable consideration, contrary to the insured’s interests,
(iii) borrow a substantial amount against the existing contract, whether in a single loan or over a period of time, contrary to the insured’s interest…”
The Replacement of Life Insurance Contracts Regulations under the Insurance Act (Ontario) govern the replacement of life insurance contracts.

Section 439 of the Insurance Act (Ontario) provides that:

“No person shall engage in any unfair or deceptive act or practice.”

The definition of "unfair or deceptive acts or practices in the business of insurance" in Section 1 of the Unfair Or Deceptive Acts Or Practices Regulations under the Insurance Act (Ontario), includes:
“Any incomplete comparison of any policy or contract of insurance with that of any other insurer for the purpose of inducing or intending to induce an insured to lapse, forfeit or surrender a policy.”

N/A.

Section 140 of the Insurance Act (Ontario) provides that:

“Any licensed insurer that discriminates unfairly between risks in Ontario because of the race or religion of the insured is guilty of an offence.”

Section 439 of the Insurance Act (Ontario) provides that:

“No person shall engage in any unfair or deceptive act or practice.”

Section 438 of the Insurance Act (Ontario) provides that:

““unfair or deceptive acts or practices” means any activity or failure to act that is prescribed as an unfair or deceptive act or practice.”

Section 1 of the Unfair or Deceptive Acts or Practices Regulations under the Insurance Act (Ontario), provide that:

“1. For the purposes of the definition of “unfair or deceptive act or practice” in section 438 of the Act, each of the following actions is prescribed as an unfair or deceptive act or practice…

1. Any unfair discrimination between individuals of the same class and of the same expectation of life, in the amount or payment or return of premiums, or rates charged for contracts of life insurance or annuity contracts, or in the dividends or other benefits payable on such contracts or in the terms and conditions of such contracts.
2. Any unfair discrimination in any rate or schedule of rates between risks in Ontario of essentially the same physical hazards in the same territorial classification…”

Section 106(2) of the Insurance Act (Prince Edward Island) provides that:

“The Superintendent shall report to the Minister any case where the insurer issues any policy or uses any application which in the opinion of the Superintendent is unfair, fraudulent, or not in the public interest, and after hearing the insurer the Minister may order the Superintendent to prohibit the insurer from issuing or using that form of policy or application.”

Sections 376(1) and (2) of the Insurance Act (Prince Edward Island) provide that:

“(1) Any person who, to the detriment of the insured, induces or attempts to induce, directly or indirectly, an insured to
(a) rescind or lapse;
(b) surrender for cash paid-up or extended insurance, or other valuable consideration; or
(c) subject to substantial borrowing, whether in a single loan or over a period of time,
any contract of life insurance for the purpose of effecting another contract of life insurance is guilty of an offence.
(2) A person licensed as an agent for life insurance under this Act who,
(a) makes a false and misleading statement or representation in the solicitation or negotiation of life insurance;
(b) makes or delivers any incomplete comparison of any policy or contract of insurance with that of the same or any other insurer in the solicitation or negotiation of life insurance; or
(c) coerces or attempts coerce, directly or indirectly, a prospective buyer of life insurance through the influence of a professional or a business relationship or otherwise to give a preference that would not otherwise be given on the effecting of a life insurance contract,
is guilty of an offence.”

Section 106(2) of the Insurance Act (Prince Edward Island) provides that:

“The Superintendent shall report to the Minister any case where the insurer issues any policy or uses any application which in the opinion of the Superintendent is unfair, fraudulent, or not in the public interest, and after hearing the insurer the Minister may order the Superintendent to prohibit the insurer from issuing or using that form of policy or application.”

Sections 377(1) and (3) of the Insurance Act (Prince Edward Island) provide that:

“(1) No insurer, and no officer, employee or agent thereof, and no broker, shall, directly or indirectly, …
    a) pay, allow or give, or offer or agree to pay, allow or give any rebate of the whole or part of the premium stipulated by the policy, or any other consideration or thing of value intended to be in the nature of a rebate of premium, with or to any person insured or applying for insurance in respect of life, person or property in the province.
(3) Nothing in this section
    a) affects any payment by way of dividend, bonus, profit or savings that is provided for by the policy; or
    b) shall be construed so as to prevent an insurer compensating a salaried employee of its head or branch office in respect of insurance issued by the employing insurer upon the life of the employee or so as to require that the employee shall be licensed as an agent for life insurance under this Act to affect the insurance.”

Section 377 of the Insurance Act (Prince Edward Island) provides that:

“(1) No insurer, and no officer, employee or agent thereof, and no broker, shall, directly or indirectly,
    a) make or attempt to make any agreement as to the premium to be paid for a policy other than as set out in the policy…
with or to any person insured or applying for insurance in respect of life, person or property in the province.”

N/A.

Section 376(1) of the Insurance Act (Prince Edward Island) provides that:

“376. (1) Any person who, to the detriment of the insured, induces or attempts to induce, directly or indirectly, an insured to,
(a) rescind or lapse;
(b) surrender for cash paid-up or extended insurance, or other valuable consideration; or
(c) subject to substantial borrowing, whether in a single loan or over a period of time, any contract of life insurance for the purpose of effecting another contract of life insurance
is guilty of an offence.”

Section 376(2) of the Insurance Act (Prince Edward Island) provides that:

“(2) A person licensed as an agent for life insurance under this Act who,
(a) makes a false and misleading statement or representation in the solicitation or negotiation of life insurance;
(b) makes or delivers any incomplete comparison of any policy or contract of insurance with that of the same or any other insurer in the solicitation or negotiation of life insurance; or
(c) coerces or attempts coerce, directly or indirectly, a prospective buyer of life insurance through the influence of a professional or a business relationship or otherwise to give a preference that would not otherwise be given on the effecting of a life insurance contract,
is guilty of an offence.”

N/A.

N/A.

Sections 18 and 439 of an Act Respecting the Distribution of Financial Products and Services (Quebec) provide that:

“18. No representative may make the making of a contract subject to the requirement that the client make an insurance contract.
No representative may exert undue pressure on a client or use fraudulent tactics to induce a client to purchase a financial product or service.”
“439. A distributor may not subordinate the making of a contract to the making of an insurance contract with the insurer specified by the distributor.
The distributor may not exercise undue pressure on the client or use fraudulent tactics to induce the client to purchase a financial product or service.”

N/A.

Section 406.2 of An Act Respecting Insurance (Quebec) provides that:

“Any insurer who, directly or indirectly, grants a rebate on the premium stipulated in an insurance policy to any person insured or applying for insurance, or agrees with that person on a method of payment of the premium other than the method set forth in the policy or who renders the making of a contract conditional upon the making of another contract is guilty of an offence…”

N/A.

Sections 18 of an Act Respecting the Distribution of Financial Products and Services (Quebec) provides that:

“18. No representative may make the making of a contract subject to the requirement that the client make an insurance contract.

N/A.

N/A.

Sections 18 and 439 of an Act Respecting the Distribution of Financial Products and Services (Quebec) provide that:

“18 No representative may make the making of a contract subject to the requirement that the client make an insurance contract.
No representative may exert undue pressure on a client or use fraudulent tactics to induce a client to purchase a financial product or service.
439 A distributor may not subordinate the making of a contract to the making of an insurance contract with the insurer specified by the distributor.
The distributor may not exercise undue pressure on the client or use fraudulent tactics to induce the client to purchase a financial product or service.”

N/A.

Section 7-12 of the Insurance Act (Saskatchewan) will provide that:

“(1) No insurer, insurance intermediary or adjuster shall:

     (a) make a false or misleading statement, representation or advertisement;
     (b) engage in the following prohibited tied selling practices:
         (i) if an insurer or insurance intermediary other than a restricted licensee is asked to sell insurance to a person, informing the person that the person must purchase another product or service, including an insurance policy, from the insurer or insurance intermediary, as the case may be, before the insurance requested will be undertaken;
         (ii) if an insurer is asked to make a loan to a person, informing the person that the person must purchase a product or service, including an insurance policy, from the insurer before the loan will be made;
         (iii) engaging in any other prescribed tied selling practice;
         (iv) in the case of a restricted licensee, requiring a person to purchase insurance in order to obtain a product or service from the restricted licensee;
     (c) engage in any unfair, misleading, deceptive, fraudulent or coercive act or practice; or
     (d) make any statement or representation or commit any practice or act that is prohibited by the regulations.
(2) No person shall, by means of misleading or false statements, procure or induce or attempt to procure or induce any person to forfeit, surrender or allow the lapse of any policy.
(3) No insurance intermediary shall, except as permitted in the regulations, make or give or offer to make or give a direct or indirect payment, allowance or gift, or make an offer to directly or indirectly pay, allow or give money or anything of value to induce a prospective insured or an insured to transact insurance with an insurer or a managing general agent.”

See also Part IV of the General Insurance Council Bylaws and Part IV of the Life Insurance Council Bylaws (Insurance Councils of Saskatchewan), which apply to licensed insurance agents and brokers.

The Agent Code of Conduct of the General Insurance Council of Saskatchewan, which applies to property and casualty insurance agents and brokers, provides that:

“It is common practice for licensees to give small promotional items to clients, or in a community to provide prizes for community events, fundraisers and sports teams.  To determine which cases are acceptable ‘common practice’ and which are an inappropriate inducement it is necessary to look at the value of the item, the value or cost of the policy, the timing of the “gift” and whether the “gift” influenced or was intended to influence the client’s purchase of a policy.  Calendars, pens, and other items which are freely available to anyone who enters an agency are not inducements.

Other situations must be considered on their own merits.  An average reasonable person would not consider a $20 ball cap as an inducement which would affect whether to buy a $3,000 farm policy.  However, the same ball cap may be an inducement to someone buying a $80 auto policy.  A gift given after the purchase of a policy, as long as it was not promised during the solicitation or negotiation of the policy, is less likely to be an inducement than one given before a decision is made by the client or at the time the policy is being negotiated.

Contests, Raffles, Incentives and Gifts: Contests or raffles are allowed provided that they do not contravene the prohibition against an “inducement”.  Entry must be allowed to any adult member of the public who comes to the office or website and wishes to enter.  Entry cannot be contingent on purchase of a policy or on negotiation or obtaining a quote for an insurance policy.  For further guidelines on incentives and gifts, see Financial Integrity and Management in this Code.”

Sections 7-10 and 8-2 of The Insurance Act (Saskatchewan) provide that:

“7-10 (1) Subject to section 10-11, if, in the opinion of the Superintendent, a form of policy or contract of insurance or a form of application, endorsement, information folder, rider or advertisement relating to insurance is unfair, misleading, deceptive, fraudulent or not in the public interest, the Superintendent may, by order, prohibit an insurer or insurance intermediary, or both, from using that form of policy, contract of insurance, application, endorsement, information folder, rider or advertisement.
(2) No person who is subject to an order issued pursuant to subsection (1) shall fail to comply with the order.

8-2 (1) On the request of the Superintendent, every insurer shall provide the Superintendent with a copy of:
(a) any policy, form of application, or any endorsement or rider used or to be used with regard to any policy as issued or to be issued by the insurer in Saskatchewan; or
(b) any advertising material issued or used by the insurer.
(2) Subject to section 10-11, the Superintendent may prohibit a licensed insurer from issuing any form of policy or endorsement or using an application if, in the opinion of the Superintendent, the form of policy, application or endorsement is unfair, fraudulent or not in the public interest.
(3) No insurer to which an order is issued pursuant to subsection (2) shall issue the policy or endorsement or use the application.”

Section 4-1(2)(l) of General Insurance Council Bylaws which applies to property and casualty insurance agents and brokers and Section 4-1(2)(l) Life Insurance Council Bylaws (Insurance Councils of Saskatchewan), which applies to life and accident and sickness insurance agents and brokers, provide that:

“Without restricting the generality of subsection (1), a licensee may be guilty of misconduct if the licensee…
(e) rebates or offers to rebate all or any portion of an insurance premium …”

Section 7-5(1) of the new Insurance Act (Saskatchewan) provides that:

“No insurer, no officer, employee or agent of an insurer and no insurance intermediary shall indicate that the premium to be paid for a policy is an amount that is different from the amount of the premium set out in the policy.”

Section 2(e) of the Bylaw 8 - General Insurance Council Bylaws and Section 2(e) of Bylaw 8 – Life Insurance Council Bylaws (Insurance Councils of Saskatchewan) provides that:

“1. For the purpose of the Act, regulations and bylaws, misconduct is a question of fact but includes any matter, conduct or thing, whether or not disgraceful or dishonourable, that is
(a) contrary to the best interests of the consumer or licensees or insurance companies; or
(b) may harm the standing of licensees in the insurance industry.

2. Without restricting the generality of subsection (1), a licensee may be guilty of misconduct if the licensee:

… (f) gives or offers to give anything of value for the purposes of inducing a consumer to make an insurance decision …”
A new Saskatchewan Insurance Act is expected to come into force some time in 2017.

Section 7-2 and (3) of the new Saskatchewan Insurance Act will provide that:

“(3) No insurance intermediary shall, except as permitted in the regulations, make or give or offer to make or give a direct or indirect payment, allowance or gift, or make an offer to directly or indirectly pay, allow or give money or anything of value to induce a prospective insured or an insured to transact insurance with an insurer or a managing general agent.”

Section 4(4) to Schedule A of the Life Insurance Council Bylaws of the Insurance Councils of Saskatchewan provides that:

“A licensee shall:
(a) prior to replacing an existing life insurance policy, present and review with the consumer a fully completed life insurance replacement declaration document that has been approved by council; and
(b) provide a copy of the life insurance replacement declaration to the consumer and retain a copy in the consumer’s files.”

The following example of licensee misconduct is included in Section 2 of the Agent Code of Conduct of the Life Insurance Council of Saskatchewan:
“Sold or replaced a policy or counselled a change of an existing policy that was inappropriate given the Client’s stated objectives and circumstances.”

A core requirement of licensees listed in Section 3 of the Agent Code of Conduct is to:
“v. Follow the Life Insurance Replacement Disclosure (LIRD) Rules
Although it is generally not in the interests of a Client to replace an existing policy, in those instances where it is prudent you must ensure that your Client fully understands all the ramifications, positive or negative, of undertaking the replacement, by thoroughly following the LIRD rules.”

Section 7-12(2) of the Insurance Act (Saskatchewan) provides that:

“(2) No person shall, by means of misleading or false statements, procure or induce or attempt to procure or induce any person to forfeit, surrender or allow the lapse of any policy.”

Section 7-12 of the Insurance Act (Saskatchewan) provides that:

“(1) No insurer, insurance intermediary or adjuster shall…
(a) engage in the following prohibited tied selling practices:
(i) if an insurer or insurance intermediary other than a restricted licensee is asked to sell insurance to a person, informing the person that the person must purchase another product or service, including an insurance policy, from the insurer or insurance intermediary, as the case may be, before the insurance requested will be undertaken;
(ii) if an insurer is asked to make a loan to a person, informing the person that the person must purchase a product or service, including an insurance policy, from the insurer before the loan will be made;
(iii) engaging in any other prescribed tied selling practice;
(iv) in the case of a restricted licensee, requiring a person to purchase insurance in order to obtain a product or service from the restricted licensee…”

N/A.

Section 43(1) of the Insurance Act (Yukon) provides that:

“If the superintendent finds that an insurer has issued a policy or used an application that is unfair, fraudulent, or not in the public interest, the superintendent may after giving the insurer an opportunity to be heard and make representations prohibit the insurer from issuing or using the form of policy or application, and any insurer that after being so prohibited issues the policy or uses any such application is guilty of an offence.”

Section 250 of the Insurance Act (Yukon) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

Section 249 of the Insurance Act (Yukon) provides that:

““unfair or deceptive acts or practices in the business of insurance” includes,
(a) the commission of any act prohibited under this Act or the regulations,
(b) any unfair discrimination between individuals of the same class and of the same expectation of life, in the amount or payment or return of premiums, or rates charged by it for contracts of life insurance or annuity contracts, or in the dividends or other benefits payable thereon or in the terms and conditions thereof,
(c) any unfair discrimination in any rate or schedule of rates between risks in the Yukon of essentially the same physical hazards in the same territorial classification,
(d) any illustration, circular, memorandum, or statement that misrepresents, or by omission is so incomplete that it misrepresents, the terms, benefits or advantages of any policy or contract of insurance issued or to be issued,
(e) any false or misleading statement as to the terms, benefits or advantages of any contract or policy of insurance issued or to be issued,
(f) any incomplete comparison of any policy or contract of insurance with that of any other insurer for the purpose of inducing, or intending to induce, an insured to lapse, forfeit, or surrender a policy or contract,
(g) any payment, allowance, or gift, or any offer to pay, allow, or give, directly or indirectly, any money or thing of value as an inducement to any prospective insured insure,
(h) any charge by a person for a premium allowance or fee other than as stipulated in a contract of insurance on which a sales commission is payable to the person, or
(i) any consistent practice or conduct that results in unreasonable delay or resistance to the fair adjustment and settlement of claims.”

Section 43(1) of the Insurance Act (Yukon) provides that:

“If the superintendent finds that an insurer has issued a policy or used an application that is unfair, fraudulent, or not in the public interest, the superintendent may after giving the insurer an opportunity to be heard and make representations prohibit the insurer from issuing or using the form of policy or application, and any insurer that after being so prohibited issues the policy or uses any such application is guilty of an offence.”

Sections 244(2) and 244(3) of the Insurance Act (Yukon) provide that:

“(2)
No insurer, and no officer, employee, or agent thereof, and no broker shall directly or indirectly… pay, allow, or give, or offer or agree to pay, allow, or give, a rebate of the whole or part of the premium stipulated by the policy, or any other consideration or thing of value intended to be in the nature of a rebate of premium, to any person insured or applying for insurance in respect of life, person, or property in the Yukon, and an insurer or other person who contravenes this subsection is guilty of an offence.
(3)
Nothing in this section affects any payment by way of dividend, bonus, profit, or savings that is provided for by the policy, or shall be construed so as to prevent an insurer compensating a bona fide salaried employee of its head office or branch office in respect of insurance issued by the employing insurer on the life of the employee or on the employee's property or interests in the Yukon or so as to require that the employee shall be licensed as an agent under this Act to affect the insurance.”

Section 244(2) of the Insurance Act (Yukon) provides that:

“(2)
No insurer, and no officer, employee, or agent thereof, and no broker shall directly or indirectly make or attempt to make an agreement as to the premium to be paid for a policy other than as set forth in the policy… to any person insured or applying for insurance in respect of life, person, or property in the Yukon, and an insurer or other person who contravenes this subsection is guilty of an offence.”

Section 250 of the Insurance Act (Yukon) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”
The definition of "unfair or deceptive acts or practices in the business of insurance" in section 249 of the Insurance Act (Yukon) includes:
“(g) any payment, allowance, or gift, or any offer to pay, allow, or give, directly or indirectly, any money or thing of value as an don, inducement to any prospective insured insure.”

N/A.

Section 250 of the Insurance Act (Yukon) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

The definition of "unfair or deceptive acts or practices in the business of insurance" in section 249 of the Insurance Act (Yukon) includes:
“…(f) any incomplete comparison of any policy or contract of insurance with that of any other insurer for the purpose of inducing, or intending to induce, an insured to lapse, forfeit, or surrender a policy or contract…”

N/A.

Section 250 of the Insurance Act (Yukon) provides that:

“No person shall engage in any unfair or deceptive act or practice in the business of insurance.”

Section 249 of the Insurance Act (Yukon) provides that:

““unfair or deceptive acts or practices in the business of insurance” includes…
(a) any unfair discrimination between individuals of the same class and of the same expectation of life, in the amount or payment or return of premiums, or rates charged by it for contracts of life insurance or annuity contracts, or in the dividends or other benefits payable thereon or in the terms and conditions thereof,
(b) any unfair discrimination in any rate or schedule of rates between risks in the Yukon of essentially the same physical hazards in the same territorial classification…”