Agents & Brokers

Alberta Insurance Act, Part 3, section 452.

"Insurance agent" is defined in section 1 (bb) of the Insurance Act (Alberta) as follows:

"insurance agent" means a person who, for compensation,

(i) solicits insurance on behalf of an insurer, insured or potential insured,
(ii) transmits an application for insurance from an insured or potential insured to an insurer,
(iii) transmits a policy of insurance from an insurer to an insured,
(iv) negotiates or offers to negotiate insurance on behalf of an insurer, insured or potential insured or the continuance or renewal of insurance on behalf of an insurer or insured, or
(v) enrolls individuals in prescribed contracts of group insurance, but does not include an insurer.

There are no definitions of an "insurance salesperson" or "insurance broker".

Yes. Section 452 (2) of the Insurance Act (Alberta) provides that:

"No individual may act or offer to act as an insurance agent in respect of a class of insurance unless the individual holds a valid and subsisting insurance agent’s certificate of authority for that class of insurance."

Section 453 of the Insurance Act (Alberta) provides that:

“Despite section 452, a member of a licensed fraternal society, other than a member who receives a salary or commission for the purpose of acting as an insurance agent, who acts or offers to act as an insurance agent only with respect to insurance issued by the society for its members is not required to obtain an insurance agent’s certificate of authority”.

Yes. Section 452 (1) of the Insurance Act (Alberta) provides that:

“No business may act or offer to act as an insurance agent in respect of a class of insurance unless the business holds a valid and subsisting insurance agent’s certificate of authority for that class of insurance.”

For the purpose of this part “business” means a body corporate, partnership or sole proprietorship, but does not include an insurer.

All directors, officers or employees of a corporation or partnership whose activities fall within the definitions of an "agent", "salesperson" or "broker" must be licensed as such in Alberta.

No.

No. The definition of an "insurance agent" in section 1(bb) of the Insurance Act (Alberta) only includes a person who acts for compensation.

There is no specific exemption from the agent licensing regime for premium collectors.

A "special broker" is a broker that holds a special licence that permits it to place insurance with insurers that are not licensed in Alberta. "Special Broker" is defined in section 1 (lll) of the Insurance Act (Alberta) as follows:

"special broker" means a person who, for compensation, negotiates or offers to negotiate insurance, or the continuance or renewal of insurance, with unlicensed insurers in respect of any matter or thing in Alberta."

Section 63 of the Insurance Act (Alberta) provides that only a special broker may place insurance with an insurer that is not licensed in Alberta:

"63(1) Despite section 18, an insurer that is not licensed may undertake insurance in Alberta with an insured if

(a) the insurance cannot be obtained from licensed insurers,
(b) the insurance is effected through a person who holds a valid and subsisting special broker’s licence for that class of insurance,
(c) before the insurance is undertaken the special broker obtains from the proposed insured a signed and dated document

(i) describing the nature and amount of the insurance required, and
(ii) stating that the insurance cannot be obtained from licensed insurers and specifying the licensed insurers who refused the proposed insured’s application,

and

(d) before the insurance is undertaken the special broker discloses in writing to the proposed insured that the insurance will be placed with an unlicensed insurer.

(2) Despite section 18, a person may enter into or renew a contract of insurance to insure a risk in Alberta with an unlicensed insurer if, subject to subsection (2.1), the requirements of subsection (1)(a) to (d) have been met.

(2.1) Subsection (1)(c) and (d) do not apply if

(a) the special broker is an affiliate of the insurance agent that places the insurance, and
(b) the insurance is placed outside Alberta.

(3) This section does not apply to a contract of insurance that may be evidenced by a motor vehicle liability policy."

Yes. Section 1(lll) of the Insurance Act (Alberta) provides that:

"special broker" means a person who, for compensation, negotiates or offers to negotiate insurance, or the continuance or renewal of insurance, with unlicensed insurers in respect of any matter or thing in Alberta."

Section 63 of the Insurance Act (Alberta) provides that only a special broker may place insurance with an insurer that is not licensed in Alberta:

"63(1) Despite section 18, an insurer that is not licensed may undertake insurance in Alberta with an insured if

(a) the insurance cannot be obtained from licensed insurers,
(b) the insurance is effected through a person who holds a valid and subsisting special broker’s licence for that class of insurance,
(c) before the insurance is undertaken the special broker obtains from the proposed insured a signed and dated document
(i) describing the nature and amount of the insurance required, and
(ii) stating that the insurance cannot be obtained from licensed insurers and specifying the licensed insurers who refused the proposed insured’s application,

and

(d) before the insurance is undertaken the special broker discloses in writing to the proposed insured that the insurance will be placed with an unlicensed insurer.

(2) Despite section 18, a person may enter into or renew a contract of insurance to insure a risk in Alberta with an unlicensed insurer if, subject to subsection (2.1), the requirements of subsection (1)(a) to (d) have been met.

(2.1) Subsection (1)(c) and (d) do not apply if

(a) the special broker is an affiliate of the insurance agent that places the insurance, and
(b) the insurance is placed outside Alberta.

(3) This section does not apply to a contract of insurance that may be evidenced by a motor vehicle liability policy."

Section 454 (2) of the Insurance Act (Alberta) provides that:

“A restricted insurance agent’s certificate of authority authorizes the holder and the holder’s employees to act or offer to act, subject to prescribed conditions and restrictions, as an insurance agent in respect of classes or types of insurance specified by the Minister.”

Various types of businesses that are not insurance agents or brokers may sell specific types of insurance in Alberta if they hold a restricted insurance agent's certificate of authority. The types of businesses that are required to obtain a restricted insurance agent's certificate of authority, and the types of insurance they can be authorized to sell in Alberta, are described below:

Section 454(1) of the Insurance Act (Alberta) provides:

“The Minister may issue a restricted insurance agent’s certificate of authority to a business

(a) that is a deposit‑taking institution, or
(b) that operates
(i) a transportation company,
(ii) a travel agency,
(iii) an automobile dealership, or
(iv) another prescribed enterprise.”

Section 27 of the Insurance Agents and Adjusters Regulation to the Insurance Act (Alberta) prescribes the following enterprises to which the Minister may issue a restricted insurance agent's certificate of authority:

"(a) sales finance companies;
(b) customs brokers licensed under the Customs Act (Canada);
(c) freight-forwarding companies;
(d) equipment dealers;
(e) real estate brokerages;
(f) funeral services businesses."

Pursuant to section 454(2) of the Insurance Act (Alberta).

Yes. An insurance agent may only sell the classes of insurance authorized by the agent's certificate of authority.

Section 2 (1) of the Insurance Agents And 
Adjusters Regulation under the Alberta Insurance Act (Alberta) provides that

“ the following classes of insurance agent’s certificates of authority are established for individuals and businesses:

(b) life insurance;
(c) accident and sickness insurance;
(d) general insurance.”

Section 2 (3) of the same regulation provides:

“A holder of an insurance agent’s certificate of authority must comply with the limits, restrictions, terms and conditions imposed on the class or level of certificate of authority and may act as an insurance agent only for the class of insurance authorized by the certificate.”

Section 499 of the Insurance Act (Alberta) provides that:

"(1) No insurer, no officer, employee or agent of an insurer and no insurance agent may, directly or indirectly, pay or allow, or offer or agree to pay or allow, any commission or other compensation or anything of value to any person acting or offering to act as an insurance agent in Alberta, unless that person is authorized to act as an insurance agent under this Act.

(2) Subsection (1) does not apply to the payment

(a) by an insurance agent of part of the agent’s commission to insurance agents outside Alberta, or
(b) of renewal commissions under the terms of an agency contract."

Section 510 of the Insurance Act (Alberta) provides that:

"510(1) In this section, “unauthorized insurer” in respect of a contract of insurance means an insurer that is not permitted by this Act to enter into the contract as the insurer.

(2) An insurance agent is personally liable to the insured under a contract of insurance made in Alberta by or through the agent directly or indirectly with an unauthorized insurer in the same manner as if the agent were a licensed insurer."

Financial Institutions Act (British Columbia), Part 6 — Regulation of Other Persons, Division 2 — Insurance Agents and Adjusters, section 171(2).

"Insurance agent" and "insurance salesperson" are defined in section 168 of the Financial Institutions Act (British Columbia) as follows:

"insurance agent" means a person, other than an insurance company or an extraprovincial insurance corporation, who solicits, obtains or takes an application for insurance, or negotiates for or procures insurance, or signs or delivers a policy, or collects or receives a premium.

"insurance salesperson" means an individual who is employed by an insurance agent or by an insurer to solicit, obtain or take an application for general insurance, or to negotiate for or procure general insurance, or to collect or receive a premium for general insurance.

There is no definition of an "insurance broker".

Yes. Section 171(2) of the Financial Institutions Act (British Columbia) provides that:

"A person must not act in British Columbia as an insurance agent or insurance salesperson unless the person is licensed as an insurance agent or insurance salesperson, as the case may be."

Section 2(1) of the Insurance Licensing Exemptions Regulation under the Financial Institutions Act (British Columbia) provides that:

“(1) Section 171 (2) Prohibition of unlicensed agents and salespersons of the Act does not apply

(a) to a person whose only activity as an insurance agent or insurance salesperson is in connection with product warranty insurance sold incidentally to the sale, by that person or that person's employer, of the product,

(b) to a person whose only activity as an insurance agent or insurance salesperson is in connection with forgery insurance sold incidentally to the sale, maintenance or repair, by that person or that person's employer, of cheque writer machines,

(c) subject to subsection (2) (a), and with the exception of an employee of a mortgage broker registered under the Mortgage Brokers Act, to a person whose only activity as an insurance agent or insurance salesperson is in connection with credit insurance sold incidentally to the granting or arranging of credit by that person or that person's employer,

(d) to the Real Estate Errors and Omissions Insurance Corporation,

(e) to an employee of the Real Estate Errors and Omissions Insurance Corporation whose only activity as an insurance agent or insurance sales person is in the course of that employment,

(f) to an employee of a licensed general insurance agent who

(i) acts as an insurance salesperson only in respect of vehicle insurance issued by the Insurance Corporation of British Columbia,
(ii) is under the direct supervision of a licensed general insurance agent who signs or initials all transactions completed by the employee,
(iii) has not accumulated more than 6 months experience in the aggregate selling insurance as an employee of a licensed general insurance agent,
(iv) has successfully completed the Autoplan Basics for Brokers Program offered by the Insurance Corporation of British Columbia, and
(v) has been registered by the licensed general insurance agent with the Insurance Council,

(g) to a motor vehicle dealer or an employee or commissioned sales representative of a motor vehicle dealer whose only activity as an insurance agent or insurance salesperson is in connection with vehicle warranty insurance sold incidentally to the ordinary business of the motor vehicle dealer as such,

(i) to an employee or a commissioned sales representative of a person licensed as a travel agent or travel wholesaler under the Business Practices and Consumer Protection Act if
(ii) the travel agent or travel wholesaler holds a licence in respect of travel insurance issued under the rules made by the council,
(iii) the employee or commissioned sales representative has passed a course specified by the rules of the council for travel agents and travel wholesalers,
(iv) the only activity of the employee or commissioned sales representative as an insurance agent or insurance salesperson is in connection with travel insurance sold incidentally to the ordinary business of the travel agent or travel wholesaler, and
(v) the employee or commissioned sales representative has completed a minimum of 2 hours of continuing education as specified by the council,

(j) to a government employee or agent in the administration of any program established under the Insurance for Crops Act or the Farm Income Insurance Act,

(k) to a person who does not act for compensation or hope or promise of it,

(l) to a person who acts only for the purpose of collecting and receiving premiums for insurance,

(m) to a person who acts on behalf of a mutual fire insurance company,

(n) to a person who acts on behalf of a society that makes contracts of life insurance, accident insurance or sickness insurance,

(o) to a person who is an insurer's manager or branch manager who is in charge of the insurer's head office or branch office in British Columbia and is paid a salary and not by commissions,

(p) to a person who is an employee of an insurer or insurance agent if the employee does not solicit insurance, is paid a salary by the insurer or insurance agent and does mainly clerical work,

(q) to a person who is employed in an office of a transportation company to sell its tickets or carry on business as a ticket agent of the company in respect of accident insurance against accidents to persons only while travelling, or in respect of inland transportation insurance or marine insurance against loss of or damage to baggage of persons only while travelling, if the company holds a licence issued under rules made by the council in respect of those classes of insurance,

(r) to a person, who by a certificate given to the council by

(i) a reciprocal exchange that has a permit under section 187, or
(ii) a company registered under the Insurance (Captive Company) Act, is certified as being a full time salaried employee of the exchange or company who does not act as an insurance agent or insurance salesperson in any other capacity and who does not receive commissions,

(s) to Catholic Mutual Canada if it acts in relation to insurance provided by the Catholic Mutual Relief Society of America, or

(t) to a salaried employee of Catholic Mutual Canada who acts

(i) as an insurance agent or insurance salesperson only in the course of employment with Catholic Mutual Canada, and
(ii) in relation to insurance provided by the Catholic Mutual Relief Society of America.

(2) Section 171 (2) does not apply to

(a) a mortgage broker or submortgage broker registered under the Mortgage Brokers Act whose only activity as an insurance agent or insurance salesperson is in connection with credit insurance sold incidentally to the granting or arranging of credit by that mortgage broker or submortgage broker or the employer of the submortgage broker, on condition that the mortgage broker or submortgage broker disclose to the person to whom he or she sells credit insurance

(i) that there is no obligation to buy the credit insurance,
(ii) that he or she is not a licensed insurance agent or salesperson and that the person may wish to seek advice from a licensed insurance agent or salesperson,
(iii) whether it is a policy of creditor's group insurance, as defined in Parts 3 and 4 of the Insurance Act, and, if so, who the policy holder is, and
(iv) the basic terms and conditions of the policy, including how to make a claim, or

(b) a funeral director or funeral provider or an employee of either of them, whose only activity as an insurance agent is in connection with funeral services insurance sold incidentally in the ordinary course of business of the funeral director or funeral provider, on condition that

(i) none of them be named the beneficiary under the contract of funeral services insurance, and
(ii) the funeral director or funeral provider or employee of either of them disclose to the person to whom he or she sells funeral services insurance that
(A) he or she is not a licensed insurance agent or salesperson and that the person may wish to seek advice from a licensed insurance agent or salesperson, and
(B) there is no obligation to buy the funeral services insurance.”

Yes (through a nominee). Section 170 of the Financial Institutions Act (British Columbia) provides that:

“A partnership or corporation must nominate an individual who is a licensed insurance agent or licensed insurance adjuster approved by the council to exercise on behalf of the partnership or corporation the rights and privileges conferred by the licence.”

All directors, officers or employees of a corporation or partnership whose activities fall within the definitions of an "agent", "salesperson" or "broker" must be licensed as such in British Columbia.

No.

No. Section 2(1)(k) of the Insurance Licensing Exemption Regulations under the Financial Institutions Act (British Columbia) provides that the section 171(2) prohibition on unlicensed agents and salespersons of the Act does not apply:

"(k) to a person who does not act for compensation or the hope or promise of it."

No, provided that the person acts only for the purpose of collecting and receiving premiums.

Section 171(2)(1) of the Insurance Licensing Exemptions Regulation under the Financial Institutions Act (British Columbia) provides that the agent licensing requirements do not apply:

"(1) to a person who acts only for the purpose of collecting and receiving premiums for insurance,"

A special licence is not required in British Columbia for a broker to place insurance with insurers that are not licensed in British Columbia.

No.

N/A

N/A

N/A

Yes. An insurance agent may only sell the classes of insurance listed on the agent's licence.

Section 174(2) of the Financial Institutions Act (British Columbia) provides that:

"A licence issued by the council

(a) must be issued in accordance with the rules of the council,

(b) must be issued for one or more prescribed classes of insurance and state the class of insurance in respect of which the licensee is authorized to act, and

(c) authorizes the licensee to act in accordance with the licence and its terms, conditions or restrictions, if any, unless the licence is suspended or cancelled under section 225.1(2)(i) or 231."

For the purpose of section 174(2)(b) of the Act, Section 2 of the Prescribed Classes of Insurance for Insurance Licences Regulation prescribes the following classes of insurance as follows:

(a) general insurance;

(b) life insurance;

(c) accident and sickness insurance; and

(d) travel insurance.

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

“(1) An insurer, officer, agent or employee of an insurer, insurance agent or insurance salesperson must not

(a) pay or allow to be paid, or

(b) offer or promise

a commission or compensation to a person who is not an insurance agent licensee, or insurance salesperson licensee for acting as an insurance agent or insurance salesperson in British Columbia.

(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.”

N/A

The Insurance Act (Manitoba), Part XV, sections 369 and 381.

"Agent" is defined in section 1 of The Insurance Act (Manitoba) as follows:

"agent” means a person who, for compensation

(a) solicits insurance on behalf of an insurer,
(b) transmits for a person other than the agent, an application for or a policy of insurance to or from an insurer, or
(c) acts, or offers or assumes to act, in the negotiation of insurance or in negotiating the continuance or renewal of an insurance contract other than a life insurance contracts.

There are no definitions of an "insurance salesman" or "insurance broker".

Yes. Section 369(1) of the Insurance Act (Manitoba) provides that:

"No person shall act, or offer or undertake to act, as an insurance agent in this province without having first obtained a licence under this Act."

Agents of fraternal societies or salaried officials may act without a licence as provided in sections 378(6) and 378(7) of the The Insurance Act (Manitoba):

“(6) A member of a duly licensed fraternal society, other than a member whose major occupation is, in the opinion of the superintendent, the solicitation of life insurance contracts, may, without a licence, solicit persons to become members of the society.

(7) Unless the superintendent otherwise directs, but subject to subsections (8) and (9), an officer or salaried employee of a licensed insurer who does not receive commissions or his salary in lieu of commissions, or an attorney or salaried employee of a reciprocal or inter-insurance exchange at which no commission is paid except to the attorney may, without a licence, act for the insurer or exchange in the negotiation of any contracts of insurance or in the negotiation of the continuance or renewal of any contracts that the insurer or exchange may lawfully undertake”.

A corporation that acts as an insurance agent in Manitoba is required, pursuant to section 369(1) of The Insurance Act (Manitoba), to be licensed:

"369(1) No person shall act, or offer or undertake to act, as an insurance agent in this province without having first obtained a licence under this Act."

The term "person" includes a corporation, but not a partnership, pursuant to section 17 and the Schedule of Definitions of The Interpretation Act (Manitoba).

All directors, officers or employees of a corporation or partnership whose activities fall within the definitions of an "agent", "salesperson" or "broker" must be licensed as such in Manitoba.

No.

No. The definition of an "agent" in section 1 of the Insurance Act (Manitoba) only includes a person who acts for compensation.

There is no specific exemption from the agent licensing regime for premium collectors.

A "special insurance broker" is a broker that holds a special licence that permits it to place insurance with insurers that are not licensed in Manitoba. Section 89 of the Insurance Act (Manitoba) provides that:

"No person in the province shall enter into a contract of insurance with an insurer not licensed under this Act, except through a licensed special insurance broker."

Yes. Section 89 of the Insurance Act (Manitoba) provides that:

"No person in the province shall enter into a contract of insurance with an insurer not licensed under this Act, except through a licensed special insurance broker."

Section 380.1(2) of The Insurance Act (Manitoba) provides that:

380.1(2) Despite sections 370 to 372, the superintendent may, in accordance with the regulations, issue a restricted insurance agent licence to an incidental seller of insurance who

(a) meets the eligibility requirements of the regulations for such a licence;
(b) applies for the licence in the manner provided by the regulations; and
(c) pays the fee for the licence prescribed in the regulations.

An "incidental seller of insurance" is defined in section 380.1(1) as follows:

a person that, in the course of selling or providing goods or services to the person's customers or clients, sells, negotiates or arranges insurance, or offers to sell, negotiate or arrange insurance, that relates to those goods or services.

Effective June 1, 2015, various types of businesses that are not insurance agents or brokers may sell specific classes of insurance in Manitoba if they hold a restricted insurance agent licence. The types of businesses that are required to obtain a restricted insurance agent licence, and the classes of insurance they can be authorized to sell in Manitoba, are described below:

Types of Businesses
Automobile / Equipment Dealership
Customs Brokerage
Deposit Taking Institution
Freight Forwarding
Funeral Director
Mortgage Broker
Portable Electronics Vendor
Sales Finance Company
Transportation Company
Travel Agency
Vehicle Rental

Classes of Business
Cargo
Creditor's Disability
Creditor's Life
Creditor's Loss of Employment
Creditors Vehicle Inventory
Export Credit
Funeral Expense
Mortgage
Personal Travel
Portable Electronics
Rented Vehicle Accidental Injury or Death
Rented Vehicle Contents
Rented Vehicle Liability
Travel Interruption and Property Loss

The Insurance Agents and Adjusters Regulation
amendment to The Insurance Act (Manitoba) contains detailed definitions of each of the above businesses and classes of insurance.

The types of business that are required to hold restricted insurance agent licences in order to sell specific classes of insurance in Manitoba are as follows:

Automobile Equipment Dealership
Customs Brokerage
Deposit Taking Institution
Freight Forwarding
Funeral Director
Mortgage Broker
Portable Electronics Vendor
Sales Finance Company
Transportation Company
Travel Agency
Vehicle Rental

The Insurance Agents and Adjusters Regulation, amendment under The Insurance Act (Manitoba) contains detailed definitions of each of the above businesses.

Pursuant to section 380.1(2) of the Insurance Act (Manitoba).

Yes. An insurance agent may only sell the classes of insurance listed on the agent's licence.

Section 372, Part II of The Insurance Act (Manitoba) provides that:

"A licence issued under section 371 shall be of one of the following classes:

(a) licences covering life insurance or life, accident, and sickness insurance, when issued by the same insurer;
(b) licences covering general insurance, other than life insurance;
(c) licences restricted to any one class of general insurance other than life insurance."

Subsection 24 (3) of The Insurance Act (Manitoba) provides that:

"Any person who, within the province, does or causes to be done any act or thing mentioned in section 22 on behalf of, or as agent of, an insurer not licensed under this act, or who receives, directly or indirectly, any remuneration for so doing, is guilty of an offence."

Section 392(2) of The Insurance Act (Manitoba) provides that:

"392(2) An agent or broker is personally liable to the insured on all contracts of insurance unlawfully made by or through him, directly or indirectly, with any insurer not licensed to undertake insurance in the province, in the same manner as if the agent or broker were the insurer."

Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador), sections 4 and 24.

"Insurance agent", "insurance broker" and "representative" are defined in section 2 of the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) as follows:

"agent" means a corporation or partnership

(i) which, for compensation, solicits insurance on behalf of an insurer or transmits, for a person other than itself, an application for or a policy of insurance to or from the insurer or offers or assumes to act in the negotiation of insurance or in negotiating its continuance or renewal, or
(ii) which holds itself out as an insurance consultant or examines, appraises, reviews or evaluates an insurance policy, plan or program or makes recommendations or gives advice with regard to any of the above.

"broker" means a corporation or partnership, other than an agent, which for compensation with respect to persons or property in the province, deals directly with the public and

(i) acts or helps in soliciting, negotiating or procuring the making of a contract of insurance whether or not it has arrangements with insurers allowing it to bind coverage and countersign insurance documents on behalf of insurers,
(ii) provides risk management services including claims assistance where required to a corporation other than itself, or
(iii) holds itself out as an insurance consultant or examines, appraises, reviews or evaluates an insurance policy, plan or program or makes recommendations or gives advice with regard to any of the above.

"representative" means

(i) a person who under authority conferred by an insurer, agent or broker, for compensation or commission or other thing of value solicits insurance on behalf of the person conferring that authority, or transmits, for a person other than that person, an application for or policy of insurance, to or from an insurer or the person conferring that authority, or offers or assumes to act on behalf of the person conferring that authority, in the negotiation of a policy of insurance or in negotiation of its continuance or renewal, or
(ii) a person who holds out as an insurance consultant or examines, appraises, reviews or evaluates an insurance policy, plan or program or makes recommendations or gives advice with regard to any of the above.

Yes. Section 45 (1) of the Insurance Adjusters, Agents And Brokers Act (Newfoundland and Labrador) provides that:

"A natural person

(a) who not being the holder of a licence; or
(b) who while his or her licence is suspended, acts as or represents or holds himself or herself out to be an adjuster, representative or student, or
(c) [Rep. by 1996 c35 s47]
(d) who, being the holder of a licence which is in force, by any means acts as or represents or holds himself or herself out to be an adjuster, representative or student in a name other than that stated in his or her licence,

is guilty of an offence."

Sections 37 and 38 of the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) provide the following exemptions from licensing:

“Collectors of insurance premiums
37. (1) A collector of life insurance premiums and premiums for insurance undertaken by an insurer as part of a contract of accident and sickness insurance which insures against loss resulting from bodily injury to, or the death of, a person caused by an accident or under which the insurer undertakes to pay a certain sum or sums of insurance money in the event of bodily injury to, or the death of, a person caused by an accident, who does not solicit applications for or the renewal or continuance of insurance contracts or act or aid in negotiating those contracts or the renewal of those contacts, may carry on a business without a licence.

(2) This section does not apply where the collection fee exceeds 5% of an amount collected.

Fraternal or sororal societies, etc.
38. (1) A member of a fraternal or sororal society or mutual benefit society, other than one who devotes or intends to devote more than 50% of his or her time to the solicitation and procurement of insurance contracts for that society and who receives or intends to receive commission or other compensation directly dependent on the amount of insurance solicited and procured by him or her, may, without a licence, solicit persons to become members of that society.

(2) Where a person who in the preceding calendar year has solicited and procured insurance contracts on behalf of a fraternal or sororal society or mutual benefit society in an amount of insurance in excess of a prescribed amount, that person is presumed to be devoting or intending to devote more than 50% of his or her time to the solicitation or procurement of insurance contracts for that society.”

Yes. Section 9 of the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) provides that:

"1. A partnership or corporation may, in accordance with this Act, apply for an adjustment company licence, an agent's licence or a broker's licence.

2. All officers, partners or employees who act under an adjustment company's licence, an agent's licence or a broker's licence shall be individually licensed.

3. An adjustment company licence, an agent's licence or a broker's licence may be issued to a corporation that is incorporated expressly for the purpose of acting as an adjustment company, agent or broker or for that and those purposes that the superintendent expressly approves of and where the corporation has been incorporated under the Corporations Act , the articles of incorporation shall have been approved by the superintendent before incorporation."

All directors, officers or employees of a corporation or partnership whose activities fall within the definitions of an "agent", "salesperson" or "broker" must be licensed as such in Newfoundland and Labrador.

No.

No. The definitions of "agent", "broker" and "representative" in section 2 of the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) only include corporations, partnerships or persons who act for compensation.

Not in the case of the collection of life or accident and sickness insurance premiums, provided that the collection fee does not exceed 5% of the amount collected. There is no specific exemption from the agent licensing regime with respect to the collection of premium for other classes of insurance.

Section 37 (1) of the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) provides that:

"(1) A collector of life insurance premiums and premiums for insurance undertaken by an insurer as part of a contract of accident and sickness insurance which insures against loss resulting from bodily injury to, or the death of, a person caused by an accident or under which the insurer undertakes to pay a certain sum or sums of insurance money in the event of bodily injury to, or the death of, a person caused by an accident, who does not solicit applications for or the renewal or continuance of insurance contracts or act or aid in negotiating those contracts or the renewal of those contacts, may carry on a business without a licence.

(2) This section does not apply where the collection fee exceeds 5% of an amount collected."

A "special insurance broker" is a broker that holds a special licence that permits it to place insurance with insurers that are not licensed in Newfoundland and Labrador. Section 24(1) of the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) provides the following:

"The superintendent may, on the payment of the prescribed fee issue a special licence to a suitable corporation or partnership to act as a special insurance broker to negotiate, continue or renew contracts of insurance in the province with insurers not authorized to transact that business in the province."

Yes. Section 24(1) of the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) provides that:

"The superintendent may, on the payment of the prescribed fee issue a special licence to a suitable corporation or partnership to act as a special insurance broker to negotiate, continue or renew contracts of insurance in the province with insurers not authorized to transact that business in the province."

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N/A

Yes. An insurance agent may only sell the classes of insurance listed on the agent's licence.

Sections 20 and 28 of the Insurance Adjusters, Agents and Brokers Regulations under the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador), provide that:

"20 Licences may be issued in the following categories, provided that the applicant is sponsored by a life or accident and sickness insurer licensed under the Insurance Companies Act (Newfoundland And Labrador):

1. Life Insurance Representative Level I;
2. Life Insurance Representative Level II;
3. Life Insurance Representative Level III ;
4. Life Insurance Agent;
5. Life Insurance Broker;
6. Accident and Sickness Insurance Representative;
7. Accident and Sickness Insurance Agent;
8. Accident and Sickness Insurance Broker; and
9. Travel Insurance Agent.

28 Licences may be issued in the following categories, provided that the applicant is sponsored by a property and casualty insurer licensed under the Insurance Companies Act:

1. Property and Casualty Insurance Representative Level I;
2. Property and Casualty Insurance Representative Level II;
3. Property and Casualty Insurance Representative Level III;
4. Property and Casualty Insurance Agent;
5. Property and Casualty Insurance Broker; and
6. Special Insurance Broker.

Subsection 28 (1) of the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) provides that:

"An insurer or its officers, agents, brokers, representatives or employees shall not pay or allow compensation or anything of value for an application of insurance to

(a) a person who without a license and in respect of insurance in the province acts as an agent, broker or representative or may influence the insured or prospect for insurance;
(b) a representative for life insurance on himself or herself or a member of his or her immediate family unless the agent, broker or representative has within 1 year negotiated and fully paid the 1st premium to the insurer for at least 3 other contracts of life insurance; and
(c) an agent, broker or representative for insurance contracts on property or risk in which

(i) the licensee,
(ii) a member of the licensee's immediate family, or
(iii) a corporation of which the licensee is an officer, director or employee

is the owner or has the financial interest in, unless the licensee has within 1 year negotiated and paid premiums on additional contracts, other than life insurance, involving at least an equal premium value."

Section 25(1) of the Insurance Adjusters, Agents and Brokers Act (Newfoundland) provides that:

"25(1) An agent, broker or representative is liable to the insured on all contracts of insurance unlawfully made through the agent, broker or representative directly or indirectly with an insurer not licensed to undertake insurance in the province in the same manner as if that agent, broker or representative were the insurer."

Insurance Act (New Brunswick), Part XV, section 351.

"Agent" and "broker" are defined in section 1 of the Insurance Act (New Brunswick) as follows:

"agent" means a person who, for compensation, not being a duly licensed insurance broker or a person acting under the authority of subsections 352(15), (16), (17), (18), or (19), solicits, effects or negotiates insurance on behalf of any insurer whether named or not, or transmits, for a person other than himself, an application for or a policy of insurance to or from such insurer, or acts, offers or assumes to act in the negotiation of insurance or in negotiating its continuance or renewal.

"broker" means a person who, for compensation, not being a licensed agent or a person acting under the authority of subsections 352(15), (16), (17), (18) or (19), acts or aids in any manner in negotiating contracts of insurance or placing risks or effecting insurance, or in negotiating the continuance or renewal of such contracts for a person other than himself.

There is no definition of a "salesperson" or an "insurance salesperson".

Yes. Section 351 of the Insurance Act (New Brunswick) provides that:

"No person shall act or offer or undertake to act or represent himself as an insurance agent, broker, adjuster or damage appraiser in this Province unless he holds a subsisting licence issued under this Act or is otherwise authorized to do so under this Act."

Section 352(14) to (19) of the Insurance Act (New Brunswick) provides the following exemptions from licensing:

“(14) A collector of insurance premiums who does not solicit applications for or the renewal or continuance of insurance contracts, or act or aid in negotiating such contracts or the renewal thereof, may carry on such business without a licence therefor, if the collection fee does not exceed five per cent of any amount collected.

(15) A member of a duly licensed pension fund association, other than a salaried employee who receives commission, or a member of a mutual fire, weather or livestock insurance corporation, carrying on business solely on the premium note plan, may, without a licence, solicit persons to become members of such society, association or corporation.

(16) An officer or a salaried employee of the head office of a duly licensed fraternal society, who does not receive commission, may, without a licence, solicit insurance contracts on behalf of the society.

(17) Any member not an officer or salaried employee described in subsection (16) may without a licence solicit insurance contracts on behalf of the society unless such member devotes or intends to devote more than one-half of his time to soliciting such contracts or has in the preceding calendar year solicited and procured life insurance contracts on behalf of the society in an amount in excess of twenty thousand dollars.

(18) Unless the Superintendent otherwise directs, an officer or salaried employee of a licensed insurer who does not receive commissions, or an attorney or salaried employee of a reciprocal or inter-insurance exchange at which no commission is paid except to such attorney, may, without a licence, act for such insurer or exchange in the negotiation of any contracts of insurance or in the negotiation of the continuance or renewal of any contracts that the insurer or exchange may lawfully undertake, but officers or employees whose applications for licences as insurance agents, insurance brokers or salesmen have been refused or whose licenses have been revoked or suspended may not so act without the written approval of the Superintendent, and in the case of insurers authorized to undertake life insurance, only the officers and salaried employees of the head office who do not receive commissions may so act without a licence.

(19) An employee of a licensed agent or broker who normally performs office duties and does not receive commissions may, without a licence but only as incidental to his normal office duties, take applications for insurance and the renewal thereof.”

No, the Superintendent of Insurance does not issue agent or broker licenses to corporations.

All directors, officers or employees of a corporation or partnership whose activities fall within the definitions of an "agent", "salesperson" or "broker" must be licensed as such in New Brunswick.

No.

No. The definition of "agent" and "broker" in section 1 of the Insurance Act (New Brunswick) only include a person who acts for compensation.

No, provided that the collection fee does not exceed 5% of the amount collected.

Section 352(14) of the Insurance Act provides that

"(14) A collector of insurance premiums who does not solicit applications for or the renewal or continuance of insurance contracts, or act or aid in negotiating such contracts or the renewal thereof, may carry on such business without a licence therefor, if the collection fee does not exceed five per cent of any amount collected."

A "special insurance broker" is a broker that holds a special licence that permits it to place insurance with insurers that are not licensed in New Brunswick. Section 354(1) of the Insurance Act (New Brunswick) provides that:

"The Superintendent may, upon the payment of the prescribed fee, issue to any suitable person resident in or outside the Province, a licence to act as a special insurance broker to negotiate, continue or renew contracts of fire or marine insurance on property in the Province with insurers not authorized to transact such business in the Province."

Yes. Section 354(1) of the Insurance Act (New Brunswick) provides that:

"The Superintendent may, upon the payment of the prescribed fee, issue to any suitable person resident in or outside the Province, a licence to act as a special insurance broker to negotiate, continue or renew contracts of fire or marine insurance on property in the Province with insurers not authorized to transact such business in the Province."

N/A

Section 352(20) of the Insurance Act (New Brunswick) provides that:

“Notwithstanding anything contained in this Act, the Superintendent may issue a licence to a transportation company authorizing it, by its employees in the Province, to act as an agent for licensed insurers with respect to accident insurance and such other classes of insurance as he may approve.”

N/A

Yes. An insurance agent may only sell the classes of insurance listed on the agent's licence.

Sections 352(1) and 352 (2) of the Insurance Act (New Brunswick) provides that:

“ (1) The Superintendent may issue to a person who has complied with the requirements of this Act and the regulations a licence authorizing such person to carry on the business of an insurance agent for life insurance, life and accident insurance, or life and accident and sickness insurance, subject to the provisions of this Act and the regulations and to the terms and conditions of the licence.

(2) The Superintendent may issue to a person who is a resident of the Province and who has complied with the requirements of this Act and the regulations a licence authorizing such person to carry on the business of an insurance agent or an insurance broker for any class of insurance other than life insurance, subject to the provisions of this Act and the regulations and to the terms and conditions of the licence.”

Section 368 (1) of the Insurance Act (New Brunswick) provides that:

"No insurer licensed under this Act, and no officer, agent or employee of such an insurer, and no insurance agent or broker authorized under this Act, shall directly or indirectly, pay or allow, or offer or agree to pay or allow, any commission or other compensation or anything of value to any person for acting or attempting or assuming to act as an insurance agent or broker in respect of insurance in the Province or for having or claiming or appearing to have any influence or control over the insured or prospect for insurance unless that person holds at the time a subsisting insurance agent’s or broker’s licence or is a person acting under the authority of subsection 352(15), (16), (17) or (18)."

369(2) of the Insurance Act (New Brunswick) provides that:

"369(2) An agent or broker is personally liable to the insured on all contracts of insurance unlawfully made by or through him directly or indirectly with any insurer not licensed to undertake insurance in the Province, in the same manner as if such agent or broker were the insurer."

Insurance Act (Northwest Territories), Part IX, sections 212(1), 221(1), 223(1).

"Agent", "salesperson" and "broker" are defined in section 1 of the Insurance Act (Northwest Territories) as follows:

"agent" means a person who, for compensation, not being a person acting under the authority of subsection 216(1) or (2) or section 217, solicits insurance on behalf of an insurer or transmits, for a person other than himself or herself, an application for or a policy of insurance to or from such insurer or offers or assumes to act in the negotiation of such insurance or in negotiating its continuance or renewal.

"salesperson" means a person who is employed by a licensed insurance agent or broker on a stated salary that is not supplemented by commission, bonus, or any other remuneration to solicit insurance or transact for a person other than themselves an application for a policy of insurance, or to act in the negotiation of that insurance or in negotiating its continuance or renewal, or collects and receives premiums on behalf of their employer only, but does not include a licensed insurance agent, broker, or employee engaged solely in office duties for an agent or broker or a person acting under the authority of section 216.

"broker" means a person who, for compensation, not being a person acting under the authority of subsections 216(1), (2) or section 217, acts or aids in any manner in negotiating contracts of insurance or placing risks or effecting insurance, or in negotiating the continuance or renewal of such contracts for a person other than himself or herself.

Yes. Sections 219(1), 219(2) and 222(4) of the Insurance Act (Northwest Territories) provide that:

"219(1) Every person who acts as an agent without a licence, or while his or her licence is suspended, is guilty of an office.

(2) Every person who, without a licence issued under section 212 or 218 or renewed under subsection 213(3) or while his or her licence is suspended, carries on the business of an insurance broker with licensed insurers, is guilty of an office.

222(4) Every person who acts as a salesperson of an insurance agent without a licence, or while his or her licence is suspended, is guilty of an office."

Sections 215, 216 and 217 of the Insurance Act (Northwest Territories) provide the following exemptions from licensing:

“215. A collector of insurance premiums who does not solicit application for or the renewal or continuance of insurance contracts or act or aid in negotiating such contracts or the renewal of them may carry on that business without a licence for it if his or her collection fee does not exceed 5% of any amount collected.

216. (1) An officer or a salaried employee of the head office of a duly licensed fraternal society who does not receive commission may, without a licence, solicit insurance contracts on behalf of the society.

(2) Any member who is not an officer or salaried employee described in subsection (1) may, without a licence, solicit insurance contracts on behalf of the fraternal society, unless that member (a) devotes or intends to devote more than one-half of his or her time to soliciting such contracts; or (b) has in the previous licence year solicited and procured life insurance contracts on behalf of the society in an amount in excess of $20,000.

217. Unless the Superintendent otherwise directs, an officer or salaried employee of a licensed insurer who does not receive commissions, may, without a licence, act for that insurer in the negotiation of any contracts of insurance or in the negotiation of the continuance or renewal of any contracts that the insurer may lawfully undertake, but

(a) officers or employees whose applications for licences as insurance agents or salespersons have been refused or whose licences have been revoked or suspended may not so act without the written approval of the Superintendent; and

(b) in the cases of insurers authorized to undertake life insurance, only the officers and salaried employees of the head office who do not receive commissions may so act without a licence.”

No, the Superintendent of Insurance does not issue insurance agent or broker licences to corporations.

All directors, officers or employees of a corporation or partnership whose activities fall within the definitions of an "agent", "salesperson" or "broker" must be licensed as such in Northwest Territories.

No.

No. The definitions of an "agent" and "broker" in section 1 of the Insurance Act (Northwest Territories) only include a person who acts for compensation.

No, provided that the collection fee does not exceed 5% of the amount collected.

Section 215 of the Insurance Act (Northwest Territories) provides as follows:

“A collector of insurance premiums who does not solicit application for or the renewal or continuance of insurance contracts or act or aid in negotiating such prolongations contracts or the renewal of them may carry on that business without a licence for it if his or her collection fee does not exceed 5% of any amount collected.”

A special licence is not required in Northwest Territories for a broker to place insurance with insurers that are not licensed in Northwest Territories.

No.

N/A

Section 218 of the Insurance Act (Northwest Territories) provides that:

“Notwithstanding anything in this Act, the Superintendent may issue a licence to a transportation company authorizing it, by its employees in the Northwest Territories, to act as an agent for a licensed insurer with respect to accident insurance and any other classes of insurance that the Superintendent approves.”

N/A

Yes. An insurance agent may sell the classes of insurance listed on the agent's licence.

Section 212(2) of the Insurance Act (Northwest Territories) provides that:

"Licences issued under subsection (1) shall be licences of three classes, namely,

1. licences for life insurance, or life and accident insurance, or life and sickness insurance;
2. licences for accident and sickness insurance; and
3. licences for all classes of insurance other than life insurance."

Subsection 231 (1) of the Insurance Act (Northwest Territories) provides that:

"No insurer, and no officer, employee or agent of an insurer, and no broker, shall directly or indirectly pay or allow, or agree to pay or allow, compensation or anything of value to any person for placing or negotiating insurance on lives, property or interests in the Northwest Territories, or negotiating the continuance or renewal of that insurance, or for attempting to do so, who, at the date of placing or negotiating the insurance, is not a duly licensed insurance agent or broker or a person acting under subsection 217 and every person who knowingly contravenes this subsection is guilty of an offence."

Section 227 of the Insurance Act (Northwest Territories) provides that:

"227 An agent or broker is personally liable to the insured on all contracts of insurance unlawfully made by or through him or her directly or indirectly with any insurer not licensed to undertake insurance in the Northwest Territories in the same manner as if the agent or broker were the insurer."

Insurance Act, Part III, section 36.

"Agent" is defined as follows under section 3 (d) of the Insurance Act:

"agent" means a person who, on behalf of another person, effects, negotiates, solicits or places a contract or renewal thereof.

There is no definition of the terms "salesperson" or "broker". However, the term "broker" is used frequently in conjunction with the term "agent", and section 36(5) provides that:

"A license for any class of insurance other than life insurance entitles the agent to act as a broker."

Yes. Section 38(1) and 38(2) of the Insurance Act (Nova Scotia) provides that:

"(1) In this Section, "representative" means an officer, employee or shareholder, whether the shares are held in trust or not.

(2) Subject to this Section, no person shall

(a) either on his own account; or
(b) as a member or representative of

(i) a partnership or a corporation, or
(ii) an insurer licensed pursuant to Section 6 to
carry on the business of insurance in the Province,
act or offer to act as an agent or broker for any class of insurance unless he holds a license that is in force for that class of insurance."

Sections 38(3) and 38(4) of the Insurance Act (Nova Scotia) provide that:

“(3) A member or representative of an insurer licensed pursuant to Section 6 to carry on the business of insurance in the Province, who does not receive a commission and who acts only in the name of and on behalf of the insurer may, without a license, act as an agent for the insurer.

(4) A member of a fraternal society may, without a license, solicit insurance contracts on behalf of the society unless he devotes or intends to devote more than one half his time to soliciting such contracts or has in the previous license year solicited and procured life insurance contracts on behalf of the society in an amount in excess of twenty thousand dollars.”

Yes. Section 36 (2) of the Insurance Act (Nova Scotia) and section 11(1) of the Insurance Agents Licensing Regulations under the Insurance Act (Nova Scotia) provide that:

“ 36(2) A license issued to a partnership or corporation shall be issued in the name of the partnership or corporation.”

“11(1) Every licensed insurance agency shall have an agent licensed to sell the class or classes of insurance offered by the agency.”

All directors, officers or employees of a corporation or partnership whose activities fall within the definitions of an "agent", "salesperson" or "broker" must be licensed as such in Nova Scotia.

No.

Yes. There is no specific provision in the Insurance Act (Nova Scotia) or the regulations thereto that exempts a person who solicits insurance for no compensation from the agent licensing regime.

There is no specific exemption from the agent licensing regime for premium collectors.

A special licence is not required in Nova Scotia for a broker to place insurance with insurers that are not licensed in Nova Scotia.

No.

N/A

N/A

N/A

Yes. An insurance agent may only sell the classes of insurance listed on the agent's licence.

Section (4) the Insurance Act (Nova Scotia) provides that:

"Licenses issued pursuant to this Section are of two kinds, namely,

1. a life insurance license authorizing the licensee to act as an agent for life and accident and sickness insurance or a life insurance license restricting the licensee to act as an accident and sickness insurance agent only; and
2. a general insurance license authorizing the licensee to act as an agent for any class or classes of insurance other than those classes authorized under a life insurance license."

Subsection 39 (1) of the Insurance Act (Nova Scotia) provides that:

"No insurer, and no licensed agent shall, directly or indirectly, pay, or allow, or offer or agree to pay or allow, any commission or other compensation or anything of value to any person in respect of the effecting or negotiating or placing of any contract or renewal thereof unless that person holds a license that is in force under this Part."

Section 41 of the Insurance Act (Nova Scotia) provides that:

"41 An agent or broker is personally liable to the insured on all contracts unlawfully made by or through him directly or indirectly with any insurer not licensed pursuant to Section 6 to carry on the business of insurance in the Province in the same manner as if such agent or broker were the insurer."

Insurance Act (Nunavut), Part IX, sections 212(1), 221(1) and 223(1).

"Agent", "salesperson" and "broker" are defined in section 1 of the Insurance Act (Nunavut) as follows:

"agent" means a person who, for compensation, not being a person acting under the authority of subsection 216(1) or (2) or section 217, solicits insurance on behalf of an insurer or transmits, for a person other than himself or herself, an application for or a policy of insurance to or from such insurer or offers or assumes to act in the negotiation of such insurance or in negotiating its continuance or renewal.

"salesperson" means a person who is employed by a licensed insurance agent or broker on a stated salary that is not supplemented by commission, bonus or any other remuneration to solicit insurance or transact, for a person other than himself or herself, an application for a policy of insurance, or to act in the negotiation of such insurance or in negotiating its continuance or renewal, or collects and receives premiums on behalf of his or her employer only, but does not include a licensed insurance agent, broker or employee engaged solely in office duties for an agent or broker or a person acting under the authority of section 216.

"broker" means a person who, for compensation, not being a person acting under the authority of subsection 216(1), (2) or section 217, acts or aids in any manner in negotiating contracts of insurance or placing risks or effecting insurance or in negotiating the continuance or renewal of such contracts for a person other than himself or herself;

Yes. Sections 219(1) and (2) of the Insurance Act (Nunavut) provide that:

"(1) Every person who acts as an agent without a licence, or while his or her licence is suspended, is guilty of an offence.

(2) Every person who, without a licence issued under section 212 or 218 or renewed under subsection 213(iii) or while his or her licence is suspended, carries on the business of an insurance broker with licensed insurers, is guilty of an offence."

Section 216 of the Insurance Act (Nunavut) provides that:

“(1) An officer or a salaried employee of the head office of a duly licensed fraternal society who does not receive commission may, without a licence, solicit insurance contracts on behalf of the society.

(2) Any member who is not an officer or salaried employee described in subsection (1) may, without a licence, solicit insurance contracts on behalf of the fraternal society, unless that member

(a) devotes or intends to devote more than one-half of his or her time to soliciting such contracts; or
(b) has in the previous licence year solicited and procured life insurance contracts on behalf of the society in an amount in excess of $20,000.”

In addition section 217 of the Insurance Act (Nunavut) provides that:

“Unless the Superintendent otherwise directs, an officer or salaried employee of a licensed insurer who does not receive commissions may, without a licence, act for that insurer in the negotiation of any contracts of insurance or in the negotiation of the continuance or renewal of any contracts that the insurer may lawfully undertake, but

(a) officers or employees whose applications for licences as insurance agents or salespersons have been refused or whose licences have been revoked or suspended may not so act without the written approval of the Superintendent; and

(b) in the cases of insurers authorized to undertake life insurance, only the officers and salaried employees of the head office who do not receive commissions may so act without a licence.”

No, the Superintendent of Insurance does not issue insurance agent or broker licences to corporations.

All directors, officers or employees of a corporation or partnership whose activities fall within the definitions of an "agent", "salesperson" or "broker" must be licensed as such in Nunavut.

No.

No. The definitions of "agent" and "broker" in the Insurance Act (Nunavut) only include person who acts for compensation.

No, provided that the collection fee does not exceed 5% of the amount collected.

Section 215 of the Insurance Act (Nunavut) provides that:

"A collector of insurance premiums who does not solicit application for or the renewal or continuance of insurance contracts or act or aid in negotiating such contracts or the renewal of them may carry on that business without a licence for it if his or her collection fee does not exceed 5% of any amount collected."

A special licence is not required in Nunavut for a broker to place insurance with insurers that are not licensed in Nunavut.

No.

N/A

N/A

N/A

Yes. An insurance agent may only sell the classes of insurance listed on the agent's licence.

Section 212(2) of the Insurance Act (Nunavut) provides that:

“Licences issued under subsection (1) shall be of three classes, namely,

(a) licences for life insurance, or life and accident insurance, or life and accident and sickness insurance;
(b) licences for accident and sickness insurance; and
(c) licences for all classes of insurance other than life insurance.”

Subsection 231 (1) under Insurance Act (Nunavut) provides that:

"No insurer, and no officer, employee or agent of an insurer, and no broker, shall directly or indirectly pay or allow, or agree to pay or allow, compensation or anything of value to any person for placing or negotiating insurance on lives, property or interests in Nunavut, or negotiating the continuance or renewal of that insurance, or for attempting to do so, who, at the date of placing or negotiating the insurance, is not a duly licensed insurance agent or broker or a person acting under subsection 217 and every person who knowingly contravenes this subsection is guilty of an offence."

Section 227 of the Insurance Act (Nunavut) provides that:

"227. An agent or broker is personally liable to the insured on all contracts of insurance unlawfully made by or through him or her directly or indirectly with any insurer not licensed to undertake insurance in Nunavut in the same manner as if the agent or broker were the insurer."

Insurance Act (Ontario), Part XIV, sections 392.2 and 401.

Registered Insurance Brokers Act (Ontario), section 3.

"Agent" is defined in section 1 of the Insurance Act (Ontario) as follows:

"agent" means a person who, for compensation, commission or any other thing of value,

(a) solicits insurance on behalf of an insurer who has appointed the person to act as the agent of such insurer or on behalf of the Facility Association under the Compulsory Automobile Insurance Act, or
(b) solicits insurance on behalf of an insurer or transmits, for a person other than himself, herself or itself, an application for, or a policy of insurance to or from such insurer, or offers or assumes to act in the negotiation of such insurance or in negotiating its continuance or renewal with such insurer, and who is not a member of the Registered Insurance Brokers of Ontario;

There is no definition of a "salesperson" or an "insurance salesperson".

"Insurance broker" is defined in section 1 of the Registered Insurance Brokers Act (Ontario) as follows:

“insurance broker” means any person who for any compensation, commission or other thing of value, with respect to persons or property in Ontario, deals directly with the public and,

(a) acts or aids in any manner in soliciting, negotiating or procuring the making of any contract of insurance or reinsurance whether or not the person has agreements with insurers allowing the person to bind coverage and countersign insurance documents on behalf of insurers,
(b) provides risk management services including claims assistance where required,
(c) provides consulting or advisory services with respect to insurance or reinsurance, or
(d) holds himself, herself or itself out as an insurance consultant or examines, appraises, reviews or evaluates any insurance policy, plan or program or makes recommendations or gives advice with regard to any of the above.

Yes. Sections 392.2(6) and 401 of the Insurance Act (Ontario) provide that:

“392.2(6) Every person who acts as an agent without the licence required by this Part, or does so while the person's licence is suspended, is guilty of an offence.

401. A person who, not being duly licensed as an agent or adjuster, represents or holds himself, herself or itself out to the public as being such an agent or adjuster, or as being engaged in the insurance business by means of advertisements, cards, circulars, letterheads, signs, or other methods, or, being duly licensed as such agent or adjuster, advertises as aforesaid or carries on such business in any other name than that stated in the license, is guilty of an offence.

In addition, sections 2(1) and 3(1) of the Registered Insurance Brokers Act (Ontario) provide that:

2(1) No person shall act as an insurance broker unless the person is a registered insurance broker under this Act.

3.(1) No person shall hold himself, herself or itself out as an insurance broker or as the holder of a certificate under this Act unless the person is the holder of a certificate under this Act.”

Section 9 of the Ontario Regulation 347/04, Agents under the Insurance Act (Ontario) provides the following exemptions from licensing:

“(1) Subsection 392.2 (6) of the Act and section 2 of this Regulation do not apply to the following persons in the following circumstances:

1. A collector of insurance premiums who does not solicit applications for or the renewal or continuance of insurance contracts or act or aid in negotiating insurance contracts or the renewal of insurance contracts, if the collector’s collection fee does not exceed 5 per cent of any amount collected.
2. An officer or a salaried employee of the head office of a fraternal society who solicits insurance contracts on behalf of the society and does not receive any commission.
3. A member of a fraternal society who solicits insurance contracts on behalf of the society and who is not an officer or salaried employee described in paragraph 2, unless the member devotes or intends to devote more than half of his or her time to soliciting those contracts or has in the previous 12 months solicited and procured life insurance contracts on behalf of the society in an amount in excess of $20,000.
4. An officer or salaried employee of the head office of an insurer who solicits contracts of life insurance and accident and sickness insurance on behalf of the insurer and who does not receive any commission.
5. A transportation company or an officer or employee of a transportation company, when acting as an agent for an insurer with respect to travel insurance, accident and sickness insurance or baggage insurance.

(2) Paragraph 4 of subsection (1) does not apply without the written approval of the Superintendent to an officer or employee whose application for a licence as an agent has been refused or whose licence as an agent has been revoked or suspended.”

Yes, sections 400(1) and (6) of the Insurance Act (Ontario) provide that:

“400. (1) A licence to act as an agent or an adjuster may be issued under section 392.4 or 397 to a corporation, except as otherwise provided in this section or in the regulations.

(6) A corporation that holds a licence to act as an agent or adjuster, and every individual who is appointed to act as an agent or adjuster on behalf of and in the name of the corporation, is subject to the provisions of this Act that apply with respect to agents and adjusters.”

There are no restrictions on the ownership of a corporate insurance agency or partnership.

Section 7(1)(c) of the General Regulation to the Registered Insurance Brokers Act (Ontario) provides that a partnership is only qualified to be issued and hold a certificate of registration as an insurance broker where, among other things,

"(c) the majority equity interest and the majority voting interest are held by persons who are registered insurance brokers who are licensed or registered to act as intermediaries for insurance, other than life insurance, under the laws of another jurisdiction in which they reside,"

No. The definition of an "agent" in section 1 of the Insurance Act (Ontario) and the definition of "broker" in section 1 of the Registered Insurance Brokers Act (Ontario) only include a person who acts for compensation.

No, provided that the collection fee does not exceed 5% of the amount collected.

The Agent Regulation under the Insurance Act (Ontario), subsection 9(1) provides that:

"A collector of insurance premiums who does not solicit applications for or the renewal or continuance of insurance contracts or act or aid in negotiating insurance contracts or the renewal of insurance contracts, if the collector’s collection fee does not exceed 5 per cent of any amount collected.”,

is exempted from licensing.

A special licence is not required in Ontario for a broker to place insurance with insurers that are not licensed in Ontario.

No.

N/A

N/A

N/A

Yes. An insurance agent may only sell the classes of insurance listed on the agent's licence.

Section 392.2(2) of the Insurance Act (Ontario) provides that:

"The following classes of licence authorizing a person to act as an insurance agent in Ontario may be issued under this Part:
1. Licence for life insurance and accident and sickness insurance.
2. Licence for accident and sickness insurance.
3. Licence for all classes of insurance other than life insurance."

Section 403 (1) of the Insurance Act (Ontario) provides that:

"No insurer, and no officer, employee or agent thereof, and no broker, shall directly or indirectly pay or allow, or agree to pay or allow, compensation or anything of value to any person for placing or negotiating insurance on lives, property or interests in Ontario, or negotiating the continuance or renewal thereof, or for attempting so to do, who, at the date thereof, is not an agent or broker and whoever contravenes this subsection is guilty of an offence."

Section 15(1) 12 of the General Regulation to the Registered Insurance Brokers Act (Ontario) prohibits:

" 12. The payment of any referral fee or finder’s fee to, or the acceptance of a referral fee or finder’s fee from, a person who is not,

(i) licensed as an insurance agent or broker under the laws of any jurisdiction,
(ii) licensed to sell mutual funds under the laws of any jurisdiction,
(iii) licensed as a real estate agent or broker under the laws of any jurisdiction,
(iv) licensed as a mortgage broker under the laws of any jurisdiction,
(v) engaged in the business of a financial planner,
(vi) engaged in the business of providing financing for the payment of insurance premiums, or
(vii) engaged in the business of providing products or services that reduce insurance risk."

Section 396 of the Insurance Act (Ontario) provides that:

"396. An agent or broker is personally liable to the insured on all contracts of insurance unlawfully made by or through the agent or broker directly or indirectly with any insurer not licensed to undertake insurance in Ontario in the same manner as if the agent or broker were the insurer."

Insurance Act (Prince Edward Island), Part XVI, section 345 and 355(1).

"Agent" and "broker" are defined in section 1 of the Insurance Act (Prince Edward Island) as follows:

"agent" means a person who, for compensation, solicits insurance on behalf of any insurer or transmits, for a person other than himself, an application for or a policy of insurance to or from such insurer or offers or acts or assumes to act in the negotiation of such insurance or in negotiating the continuance or renewal of other than life insurance contracts, but does not include a salaried employee of the insurer who does not receive commission or a salary in lieu thereof for negotiating such insurance.

"broker" means a person who, for compensation, acts or aids in negotiating contracts of insurance or placing risks or effecting insurance, or in negotiating the continuance or renewal of such contracts for a person other than himself.

There is no definition of a "salesperson" or an "insurance salesperson".

Yes. Section 345 of the Insurance Act (Prince Edward Island) provides that:

"No person shall act, or offer or undertake to act, as insurance agent in this province without having first obtained a certificate of authority under this Act."

Sections 353(4) and (5) of the Insurance Act (Prince Edward Island) provide that:

“(4) An officer or a salaried employee of the head office of a duly licensed fraternal society who does not receive commission, may, by without a license, solicit insurance contracts on behalf of the society.

(5) Any member not an officer or salaried employee described in subsection (4) may, without a license, solicit insurance contracts on behalf of the society unless such member devotes or intends to devote more than one-half of his time to soliciting such contracts or has in the previous license year solicited and procured life insurance contracts on behalf of the society in an amount in excess of $20,000.”

No, the Superintendent of Insurance does not issue insurance agent or broker licences to corporations.

All directors, officers or employees of a corporation or partnership whose activities fall within the definitions of an "agent", "salesperson" or "broker" must be licensed as such in Prince Edward Island.

No.

No. The definitions of "agent" and "broker" in section 1 of the Insurance Act (Prince Edward Island) only include a person who acts for compensation.

There is no specific exemption from the agent licensing regime for premium collectors.

A "special insurance broker" is a broker that holds a special licence that permits it to place insurance with insurers that are not licensed in Prince Edward Island.
Section 355(1) of the Insurance Act (Prince Edward Island) provides that:

"The Superintendent may, upon the payment of the prescribed fee, issue to any suitable person resident in the province, a license to act as a special insurance broker to negotiate, continue or renew contracts of fire insurance on property in the province with insurers not authorized to transact such business in the province.

Yes. Section 355(1) of the Insurance Act (Prince Edward Island) provides that:

"The Superintendent may, upon the payment of the prescribed fee, issue to any suitable person resident in the province, a license to act as a special insurance broker to negotiate, continue or renew contracts of fire insurance on property in the province with insurers not authorized to transact such business in the province."

N/A

Section 353(8) of the “Insurance Act” (Prince Edward Island) provides that: “Notwithstanding anything contained in this Act the Superintendent may issue a certificate of authority to a transportation company authorizing it, by its employees in the province to act as an agent for a licensed insurer with respect to accident insurance and such other classes of insurance as he may approve.”

N/A

Yes. An insurance agent may only sell the classes of insurance listed on the agent's licence.

Section 348 of the Insurance Act provides that certificates of authority may be issued to insurance agent's for the following three classes:

“(a) certificates covering life insurance or life, accident and sickness insurance when issued by the same insurer;
(b) certificates covering fire insurance; and
(c) certificates covering any other class of insurance."

Section 353(1) of the Insurance Act (Prince Edward Island) provides that:

"No insurer licensed under this Act, and no officer, agent or employee of the insurer, and no insurance agent authorized under this Act, shall directly or indirectly, pay or allow, or offer or agree to pay or allow, any commission or other compensation or anything of value to any person for acting or attempting or assuming to act as an insurance agent in respect of insurance in the province or for having or claiming or appearing to have any influence or control over the insured or prospect for insurance unless that person holds at the time a subsisting insurance agent’s certificate of authority."

Subsection 371(2) of the Insurance Act (Prince Edward Island) provides that:

"371. (2) An agent or broker is personally liable to the insured on all contracts of insurance unlawfully made by or through him directly or indirectly with any insurer not licensed to undertake insurance in the province, in the same manner as if the agent or broker were the insurer."

An Act Respecting the Distribution of Financial Products and Services (Quebec), sections 12, 14 and 71.

Section 2 of An act respecting the distribution of financial products and services (Quebec) provides that:

An “insurance representative” is either a representative in insurance of persons, a group insurance representative, a damage insurance agent or a damage insurance broker.

The definition of a "representative" includes any individual acting as salesman or insurance broker. Corporate insurance agents or brokers are not licensed by Quebec; however, they are required to register in Quebec as “representatives”.

Section 3 provides that:

A “representative in insurance of persons” is a natural person who offers individual insurance products in insurance of persons or individual annuities from one or more insurers directly to the public, to a firm, to an independent representative or to an independent partnership.

A representative in insurance of persons acts as an advisor in the field of individual insurance of persons and is authorized to secure the adhesion of a person in respect of a group insurance or group annuity contract.

Section 4 provides that:

A “group insurance representative” is a natural person who offers insurance products in group insurance of persons or group annuities from one or more insurers. A group insurance representative also acts as an advisor in the field of group insurance of persons.

Actuaries who, in pursuing activities as an actuary, offer insurance products in group insurance of persons or group annuities are not group insurance representatives.

Section 5 provides that:

A “damage insurance agent” is a natural person who, on behalf of a firm that is an insurer or that is bound by an exclusive contract with a single damage insurer, offers damage insurance products directly to the public. A damage insurance agent also acts as an advisor in the field of damage insurance.

Section 6 provides that:

A “damage insurance broker” is a natural person who offers a range of damage insurance products from several insurers directly to the public, or who offers damage insurance products from one or more insurers to a firm, an independent representative or an independent partnership. A damage insurance broker also acts as an advisor in the field of damage insurance."

Yes. Sections 12, 14 and 71 of the An Act Respecting the Distribution of Financial Products and Services (Quebec) provides that:

"12. Subject to the provisions of Title VIII, no person may act as or purport to be a representative without holding the appropriate certificate issued by the Authority.

14. No representative may pursue activities as a representative unless the representative is acting for a firm, is registered as an independent representative or is a partner in or employee of only one independent partnership.

71. No person may act as or purport to be a firm without being registered with the Authority."

Sections 3, 4 and 5 of An act respecting the distribution of financial products and services (Quebec) provide the following exemptions:

“The following are not representatives in insurance of persons:

3. (1) persons who, on behalf of an employer, a union, a professional order or an association or professional syndicate constituted under the Professional Syndicates Act (chapter S-40), secure the adhesion of an employee of that employer or of a member of that union, professional order, association or professional syndicate in respect of a group contract in insurance of persons or a group annuity contract;

(2) the members of a mutual benefit association that does not guarantee the payment of a benefit upon the occurrence of a risk who offer policies for the mutual benefit association.

4. Actuaries who, in pursuing activities as an actuary, offer insurance products in group insurance of persons or group annuities are not group insurance representatives.

5. A person who offers liability insurance products for the insurance fund established by the Autorité des marchés financiers is not a damage insurance agent.”

Section 408 of the same act provides that an insurer may offer certain products through a "distributor". A "distributor" is not required to be licensed as an "insurance representative".

"408. An insurer may, in accordance with this Title, offer insurance products through a distributor.

A distributor is a person who, in pursuing activities in a field other than insurance, offers, as an accessory, for an insurer, an insurance product which relates solely to goods sold by the person or secures a client's adhesion in respect of such an insurance product."

Sections 424, 425 and 426 specify the types of products that may be distributed through a "distributor" and the types of "distributors" that may distribute such products.

"424. For the purposes of this Title, the following types of products are deemed to be insurance products which relate solely to goods:

(1) travel insurance;
(2) vehicle rental insurance, where the rental period is less than four months;
(3) credit card and debit card insurance;
(4) (not in force);
(5) replacement insurance, that is, property insurance under which the insurer guarantees the replacement of the insured vehicle or insured parts and the form and conditions of which are approved by the Authority pursuant to section 422 of the Act respecting insurance (chapter A-32).

425. A deposit institution may distribute travel insurance products. In such a case, it is deemed to act as a distributor.

An employee of an insurer may also distribute travel insurance product. In such a case, the employee is deemed to act as distributor.

426. For the purposes of this Title, the following insurance products are deemed to be insurance products which relate solely to goods and to which clients adhere:

(1) debtor life, health and employment insurance;
(2) investor life, health and employment insurance."

Pursuant to an Order in Council respecting insurance products distributed by credit unions:

1. Credit unions governed by the Savings and Credit Union Act (chapter C-4.1) are authorized, in addition to the insurance products referred to in sections 424 and 426 of the Act respecting the distribution of financial products and services (chapter D-9.2), to continue to distribute without acting through a representative, from 1 October 1999, the following insurance products:

(1) Assurance du credit variable Desjardins;
(2) Assurance Sécurivie Desjardins;
(3) Assurance budget Desjardins;
(4) Rentes viagères Desjardins;
(5) Assurances collectives des enterprises et des travailleurs autonomes;
(6) Accirance."

Every "legal person" (i.e. a corporation) that pursues the activities of an insurance representative must be registered pursuant to section 74 of An act respecting the distribution of financial products and services (Quebec):

"74. The Authority shall register a legal person that meets the conditions established by this Act and the regulations and that provides the Authority, in the manner prescribed by regulation, with the information and documents relating to each representative through whom the legal person intends to pursue activities, for each sector for which it is applying for registration, together with any other information or documents prescribed by regulations".

The Quebec insurance regulator, the Authorité des Marchés Financiers, issues registrations to corporations; however, the corporation must be associated with one or more individuals who are registered as insurance intermediaries. The corporation may pursue activities for which its associated intermediary or intermediaries are registered. For example, if the individual representatives associated with a corporation are only registered as damage insurance agents, the corporation may only pursue damage insurance activities.

All directors, officers or employees of a corporation or partnership whose activities fall within the definitions of an "agent", "salesperson" or "broker" must be licensed as such in Quebec.

Yes. Chapter III of Title II of An Act Respecting the Distribution of Financial Products and Services (Quebec) provides that:

"147. "financial institution" means a financial institution other than an insurer engaging exclusively in the business of reinsurance;

"firm" means a firm registered for the damage insurance sector that acts through a damage insurance broker and does not engage exclusively in the business of reinsurance;

"financial group" means a group made up of all or some of the following legal persons: a federation governed by the Act respecting financial services cooperatives (chapter C-67.3) and the legal persons that are members of the federation;

Any other group of legal persons composed of a financial institution and a legal person affiliated with the financial institution is also a financial group.

"affiliated legal person" means a legal person that is controlled by or that controls another legal person;

A legal person affiliated with another legal person is deemed to be affiliated with any other legal person affiliated with that legal person.

"controlled legal person" means a legal person in which more than 50% of the voting rights attached to its shares are held directly or indirectly by another legal person, or a majority of the directors of which can be elected by another legal person;


148. (Repealed).

150. A firm may not be registered with the Authority as a damage insurance firm if a financial institution, a financial group or a legal person related thereto holds an interest allowing it to exercise more than 20% of the voting rights attached to the shares issued by the firm or an interest representing more than 50% of the value of the firm’s equity capital.

For the purposes of the first paragraph, a firm’s equity capital does not include shares that do not carry the right to vote or the right to receive a share of the firm’s remaining property on liquidation.

This section shall not operate to prohibit a financial institution and a firm from entering into a financing agreement or a contract for services, restrict the provisions of such an agreement or contract, or prevent a firm from allotting its shares or registering a transfer of its shares to give effect to a contract entered into before 21 December 1988.

155. Section 148 does not apply to a firm the shares of which are listed on a stock exchange.

However, not more than 49% of the shares of such a firm or voting rights attached to its shares may be held directly or indirectly by a financial institution, financial group or legal person related thereto.

156. No firm referred to in section 155 may, as long as more than 49% of its shares or voting rights attached to its share are held, directly or indirectly, by a financial institution, financial group or legal person related thereto, directly or indirectly hold the shares of another firm, grant it a concession or acquire its business.

157. A firm referred to in section 155 that is not in compliance with sections 155 and 156 may not offer a product or service through a natural person or without the intermediary of such a person or purport to do so."

Yes. There in no provision in An Act Respecting the Distribution of Financial Products and Services (Quebec), that exempts an individual, corporation or partnership that solicits insurance for no compensation from the registration requirements of the Act.

There is no specific exemption from the agent licensing regime for premium collectors.

Section 41 of An Act Respecting the Distribution of Financial Products and Services (Quebec) provides that:

“Only a special broker may offer the insurance products of an outside insurer if the firm for which the special broker is acting has met the requirements of the second paragraph of section 77.

A special broker is a damage insurance broker who acts for a firm and who is authorized to act in that capacity on the conditions that the Authority determines by regulation. The broker’s certificate shall include the relevant particulars.

An outside insurer is a damage insurer that, under subparagraph 3 of the first paragraph of section 27 of the Insurers Act (chapter A-32.1), does not require the Authority’s authorization.

Yes. Section 41 of An Act Respecting the Distribution of Financial Products and Services (Quebec) provides that:

“Only a special broker may offer the insurance products of an outside insurer if the firm for which the special broker is acting has met the requirements of the second paragraph of section 77.

A special broker is a damage insurance broker who acts for a firm and who is authorized to act in that capacity on the conditions that the Authority determines by regulation. The broker’s certificate shall include the relevant particulars.

An outside insurer is a damage insurer that, under subparagraph 3 of the first paragraph of section 27 of the Insurers Act (chapter A-32.1), does not require the Authority’s authorization."

Sections 445 and 447 of the An Act Respecting the Distribution of Financial Products and Services (Quebec), provides that:

“445. (Repealed)

447. (Repealed)."

Although sections 445 and 447 of An Act Respecting the Distribution of Financial Products and Services (Quebec) permits the Quebec government to issue orders providing that certain products may only be distributed in Quebec by the holders of restricted certificates, the government has not issued any such orders.

Although section 445 and 447 of An Act Respecting the Distribution of Financial Products and Services (Quebec) permits the Quebec government to issue orders providing that certain products may only be distributed in Quebec by the holders of restricted certificates, the government has not issued any such orders..

Yes. An insurance representative may only sell the classes of insurance listed on the agent's certificate.

Section 13 of the An Act Respecting the Distribution of Financial Products and Services (Quebec) provides that:

"Representatives pursue their activities in the sectors or classes of sectors in which they are authorized to act by a certificate issued by the Authority.

The following are sectors:

- insurance of persons;
- group insurance of persons;
- damage insurance;
- claims adjustment;
- financial planning.

Rather than prohibiting a representative registered under An Act Respecting the Distribution of Financial Products and Services (Quebec) from paying, sharing commission with a non-registrant, the Act prohibits a non-registrant (other than a real estate broker or agent, a securities dealer or adviser, a deposit institution or insurer or a cooperative federation) from receiving a commission from a registrant.

Sections 12, 14, 15, 24, 82, 100 and 467 of the Act provide that:

"12. Subject to the provisions of Title VIII, no person may act as or purport to be a representative without holding the appropriate certificate issued by the Bureau.

14. No representative may pursue activities as a representative unless the representative is acting for a firm, …

15. No person acting in contravention of the provisions of section 12 or 14 may claim or receive remuneration for any products sold or services rendered.

24. No representative may receive an amount deriving from a sharing of commissions except through a firm or independent partnership for which the representative acts.

82. A firm may act in a given sector only through a representative…

No legal person that has failed to comply with the provisions of the first paragraph may claim or receive remuneration for products sold or services rendered during that period.

100. A firm may share a commission it receives only with another firm, an independent representative or independent partnership, a broker or agency governed by the Real Estate Brokerage Act, a securities dealer or securities adviser governed by the Derivatives Act or the Securities Act a deposit institution, an insurer or a federation within the meaning of the Act respecting financial services cooperatives.

The commission shall be shared in the manner determined by regulation.

The firm shall enter every sharing of a commission in a register, in accordance with the regulations.

467. Every person that, not being a person referred to in section 100, receives a commission from a representative, an independent representative, an independent partnership or a firm in connection with the sale of a financial product or the provision of a financial service is guilty of an offence."

N/A

The Insurance Act (Saskatchewan), Part V, Division 2 - Subdivision 1, sections 5-4,5-5, 5-6 and 5-8.

"insurance agent" is defined in section 1-2(1) of The Insurance Act (Saskatchewan) as follows:

"insurance agent" means, subject to subsection (2), any person who for any compensation and through any medium does one or more of the following:

(a) acts or aids in any manner in soliciting, negotiating, effecting or procuring the making of any contract of insurance or reinsurance or the continuance or renewal of a contract of insurance or reinsurance on behalf of an insurer, potential insured or insured, whether or not the person has agreements with insurers allowing the person to bind coverage and countersign insurance documents on behalf of insurers;
(b) holds himself, herself or itself out as an insurance agent, broker or consultant;
(c) provides consulting, advisory or administrative services with respect to the insurance or contracts of insurance that are described in section 1-14 or 1-15;
(d) provides advice to a person with respect to a specific insurance policy, plan or program;
(e) evaluates or manages insurance risks on behalf of an insured;
(f) Not yet Proclaimed.
(g) transmits for another person an application for or a policy of insurance to or from an insurer;
(h) retains as compensation any portion of a premium received by the person;
(i) enrols individuals in prescribed contracts of insurance;
(j) engages in any other prescribed activity;

There is no definition of an "insurance salesperson". However, The Insurance Act (Saskatchewan) uses the defined term "insurer’s representative”, which is defined in section 5-1 as follows:

“insurer’s representative” means an individual director, officer or employee of an insurer or a member of a fraternal society who carries out one or more of the activities of an insurance agent.

Section 5-34 of The Insurance Act (Saskatchewan) provides that:

No person shall use the title of “insurance broker” or “insurance brokerage” unless:

(a) that person holds a valid insurance agent’s licence;
(b) that person represents two or more insurers; and
(c) that person complies with section 5-35.

Yes. Section 5-9 of The Insurance Act (Saskatchewan) provides that:

"No person shall hold himself, herself or itself out as an insurance intermediary unless the person holds a valid insurance intermediary’s licence."

Section 5-1 of The Insurance Act (Saskatchewan) defines "insurance intermediary" as follows:

"“insurance intermediary” means an insurance agent, an insurer’s representative, a managing general agent or a third party administrator."

Section 1-2(2) of The Insurance Act (Saskatchewan) provides that:

"For the purposes of the definition of “insurance agent”, the following are not insurance agents:

...(d) an employee of a licensed insurance agent, adjuster or business when the employee is acting for or on behalf of his or her employer and is engaged solely in the performance of clerical or administrative duties for his or her employer;
(e) any regular salaried employee of an insured or of a subsidiary or affiliate of an insured that is a body corporate whose duties in whole or in part are to negotiate for or procure insurance or render other services on behalf of the employer in connection with the procuring or maintaining of insurance on the property or risks of the employer if the employee does not receive compensation, commission or other thing of value from any insurance agent or insurer for, or in connection with, those services;"

Yes. Section 5-4(1) of the Insurance Act (Saskatchewan) provides that:

"No business shall act or offer to act as an insurance agent with respect to a class of insurance unless the business holds a valid insurance agent’s licence for that class of insurance."

"business" is defined under section 5-1 as follows:

“business”, unless the context requires otherwise, means a body corporate, a partnership or a sole proprietor but does not include an insurer;

See also, section 5-2(1) of the Insurance Act which provides that:


"Every partnership acting as an insurance agent or adjuster shall hold a licence as an insurance agent or adjuster in the name of the partnership."

No.

Yes, in some circumstances. The definition of "agent" or "insurance agent" in section 1-2(1) of the Insurance Act (Saskatchewan) includes, in paragraph (i), a person who "solicits, negotiates or effects for and on behalf of any insurer a contract of insurance". Such a person includes a person who does not act for compensation.

There is no specific exemption from the agent licensing regime for premium collectors.

Section 1-2(1) of The Insurance Act (Saskatchewan) defines "special broker” as follows:

"“special broker” means a person who, for compensation, solicits, negotiates or offers to negotiate insurance, or the continuance or renewal of insurance, with unlicensed insurers with respect to any matter or thing in Saskatchewan."

Yes. Section 6-10 of The Insurance Act (Saskatchewan) provides that:

"An insurance agent is eligible to apply for an endorsement to act as a special broker only for the same class or classes of insurance for which the insurance agent is authorized to carry on business as stated on the insurance agent’s licence."

Section 5-70 and 5-71 of The Insurance Act (Saskatchewan) establish a regime for the issuance of restricted insurance agent licences to various businesses permitting them to sell specific classes of insurance in Saskatchewan.

Section 5-71(4) of The Insurance Act (Saskatchewan) provides that

"Subject to any terms and conditions imposed on a restricted insurance agent’s licence, a restricted licensee’s licence authorizes the restricted licensee and the restricted licensee’s employees to act or offer to act as a restricted insurance agent with respect to the classes of insurance that:

(a)  are specified in the restricted insurance agent’s licence; and
(b)  are offered by the restricted licensee in the course of the conduct by the restricted licensee of the business activity specified in the restricted insurance agent’s licence."

Section 5-71(3) provides that

"The following are the classes of insurance with respect to which the Superintendent may authorize a restricted licensee to act or offer to act as a restricted insurance agent:

(a) cargo insurance;
(b) creditor’s disability insurance;
(c) creditor’s life insurance;
(d) creditor’s loss of employment insurance;
(e) creditor’s vehicle inventory insurance;
(f) equipment warranty insurance;
(g) export credit insurance;
(h) highway transport vehicle gap insurance;
(i) highway transport vehicle payment insurance;
(j) mortgage insurance;
(k) personal life insurance;
(l) travel insurance;
(m) any prescribed class of insurance;
(n) any other class of insurance that, in the opinion of the Superintendent, is similar to or contains significant features of any of the classes of insurance mentioned in clauses (a) to (m)."

Section 5‑22 of the Insurance Regulations under the Insurance Act (Saskatchewan), provides that:

"For the purposes of clause 5-71(3)(m) of the Act, the Superintendent may authorize a restricted licensee to act or offer to act as a restricted insurance agent with respect to the following classes of insurance:

(a) funeral expense insurance;
(b) portable electronics insurance;
(c) rented-automobile accidental injury or death insurance;
(d) rented-automobile contents insurance;
(e) rented-automobile liability insurance;
(f) automobile gap insurance."

Section 5-70(1) of the Insurance Act (Saskatchewan), provides that:

“The following may apply to the Superintendent for a restricted insurance agent’s licence:

(a) a deposit‑taking institution;
(b) a financing corporation;
(c) a mortgage brokerage as defined in The Mortgage Brokerages and Mortgage Administrators Act;
(d) an operator of any of the following:

(i) a travel agency;
(ii) an automobile dealership, a marine dealership, a recreational vehicle dealership, a farm implement dealership or a construction equipment dealership;
(iii) a customs brokerage;
(iv) a freight‑forwarding business;
(v) a car rental agency;

(e) a transportation company;
(f) a retailer of consumer goods, including electronic goods and household goods;
(g) an agent of a business or operator mentioned in clauses (a) to (f) who is engaged by that business or operator through a contract that, in the opinion of the Superintendent, provides adequate authority for the agent to meet the obligations of a restricted licensee on behalf of the business or operator;
(h) any other prescribed business.”

Each of the above businesses are defined in section 5-69 of the Insurance Act (Saskatchewan).

Section 5‑21 of the Insurance Regulations under the Insurance Act (Saskatchewan), provides that:

"For the purposes of clause 5-70(1)(h) of the Act, the following businesses may apply to the Superintendent for a restricted insurance agent’s licence:

(a) a funeral home;
(b) a crematorium;
(c) a portable electronics vendor.

Pursuant to Division 4 of Part V of the Insurance Act (Saskatchewan).

Yes. Section 5-15 of The Insurance Act (Saskatchewan) provides that:

The following categories of licences may be issued to insurance intermediaries:

(a) insurance agent’s licences for:

(i) life and accident and sickness insurance;
(ii) accident and sickness insurance;
(iii) crop hail insurance; or
(iv) one or more classes of property and casualty insurance;


(b) insurer’s representative’s licences for:

(i) life and accident and sickness insurance;
(ii) accident and sickness insurance;
(iii) crop hail insurance; or
(iv) one or more classes of property and casualty insurance;


(c) managing general agent’s licences for:

(i) life and accident and sickness insurance;
(ii) accident and sickness insurance;
(iii) crop hail insurance; or
(iv) one or more classes of property and casualty insurance;


(d) third party administrator’s licences for:

(i) life and accident and sickness insurance;
(ii) accident and sickness insurance; or
(iii) one or more classes of property and casualty insurance;


(e) any other prescribed categories.

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

(1) No insurer, no officer, employee or agent of an insurer and no insurance intermediary shall, directly or indirectly, pay or allow, or offer or agree to pay or allow, any commission or other compensation or anything of value to any person acting or offering to act as an insurance intermediary in Saskatchewan, unless that person is authorized to act as an insurance intermediary pursuant to this Act.
(2) Subsection (1) does not apply to the payment of renewal commissions under the terms of an agency contract.
(3) Nothing in this section:

(a) affects any payment by way of dividend, bonus, profit or saving that is provided for by the policy pursuant to which it is paid; or
(b) is to be construed so as to:

(i) prevent an insurer from compensating a salaried employee of its head office or a branch office with respect to insurance issued by the employing insurer on the life of that employee or on the employee’s property or interests in Saskatchewan; or
(ii) require that the employee mentioned in subclause (i) must be licensed as an insurance agent pursuant to this Act to effect the insurance.

Section 7-14 of The Insurance Act (Saskatchewan) provides that:

"An insurance intermediary is personally liable to the insured on any contract of insurance unlawfully effected by or through the insurance intermediary directly or indirectly with any unlicensed insurer in the same manner as if the insurance intermediary were the insurer."

Insurance Act (Yukon), Part 11, sections 233(1), 234(1) and 235(1).

"Agent", "salesperson" and "broker" are defined in section 1 of the Insurance Act (Yukon) as follows:

"agent" means a person who, for compensation, not being a duly licensed insurance broker or not being a person acting under the authority of subsection 233(15), (16) or (17), solicits insurance on behalf of an insurer, transmits for a person other than the agent an application for or a policy of insurance to or from that insurer, or offers or assumes to act in the negotiation the insurance or in negotiating its continuance or renewal.

"salesperson" means a person who is employed by a licensed insurance agent or broker on a stated salary that is not supplemented by commission, bonus, or any other remuneration to solicit insurance or transact for a person other than themselves an application for a policy of insurance, or to act in the negotiation of that insurance or in negotiating its continuance or renewal, or collects and receives premiums on behalf of their employer only, but does not include a licensed insurance agent, broker, or employee engaged solely in office duties for an agent or broker or a person acting under the authority of subsection 233(15) or (16).

"broker" means a person who, for compensation, not being a licensed agent or not being a person acting under the authority of subsection 233(15), (16) or (17), acts or aids in any manner in negotiating contracts of insurance, placing risks, or effecting insurance, or in negotiating the continuance or renewal of those contracts for a person other than themselves.

Yes. Section 233(21) of the Insurance Act (Yukon) provides that:

"Every person who acts as an agent without a licence, or while their licence is suspended, is guilty of an offence."

Sections 233(14) to (17) of the Insurance Act (Yukon) provide the following exemptions from licensing:

“(14) A collector of insurance premiums who does not solicit application for or the renewal or continuance of insurance contracts or act or aid in negotiating those contracts or the renewal thereof may carry on that business without a licence therefor if the collector’s collection fee does not exceed five per cent of any amount collected.

(15) An officer or a salaried employee of the head office of a duly licensed fraternal society who does not receive commission may, without a licence, solicit insurance contracts on behalf of the society.

(16) Any member not an officer or salaried employee described in subsection (15) may, without a licence, solicit insurance contracts on behalf of the society unless they devote or intend to devote more than one-half of their time to soliciting those contracts or has in previous licence year solicited and procured life insurance contracts on behalf of the society in an amount in excess of $20,000.

(17) Unless the superintendent otherwise directs, an officer or salaried employee of a licensed insurer who does not receive commissions, may, without a licence, act for that insurer in the negotiation of any contracts of insurance or in the negotiation of the continuance or renewal of any contracts that the insurer may lawfully undertake, but officers or employees whose applications for licences as insurance agents or salespersons have been refused or whose licences have been revoked or suspended may not so act without the written approval of the superintendent, and in the cases of insurers authorized to undertake life insurance only the officers and salaried employees of the head office who do not receive commissions may so act without a licence.”

No, the Superintendent of Insurance does not issue agent or broker licences to corporations.

All directors, officers or employees of a corporation or partnership whose activities fall within the definitions of an "agent", "salesperson" or "broker" must be licensed as such in Yukon.

No.

No. The definition of "agent" and "broker" in section 1 of the Insurance Act (Yukon) only include a person who acts for compensation.

No. The definition of an "agent" does not include someone who only collects premium. However, an employee of a licensed insurance agent or broker on a stated salary that is not supplemented by commissions, bonus, or any other remuneration who collects premium is required to be licensed as an "insurance salesperson".

A "special insurance broker" is a broker that holds a special licence to place insurance with insurers that are not licensed in Yukon. Section 238(1) of the Insurance Act (Yukon) provides that:

"The superintendent may, on the payment of the prescribed fee, issue to any suitable person resident in or outside or the Yukon a licence to act as a special insurance broker to negotiate, continue or renew contracts of insurance in the Yukon, other than contracts of life insurance, with insurers not authorized to transact that business in the Yukon."

Yes. Section 238(1) of the Insurance Act (Yukon) provides that:

"The superintendent may, on the payment of the prescribed fee, issue to any suitable person resident in or outside or the Yukon a licence to act as a special insurance broker to negotiate, continue or renew contracts of insurance in the Yukon, other than contracts of life insurance, with insurers not authorized to transact that business in the Yukon."

N/A

Section 233(18) of the Insurance Act (Yukon) provides that:

"Despite anything in this Act, the superintendent may issue a licence to a transportation company authorizing it, by its employees in the Yukon to act as an agent for a licensed insurer with respect to accident insurance and any other classes of insurance as the superintendent approves".

N/A

Yes. An insurance agent may only sell the classes of insurance listed on the agent's licence.

Section 233(1) of The Insurance Act (Yukon) provides that:

"The superintendent may issue to any person who has complied with this Act a licence authorizing the person to carry on business as an insurance agent subject to this Act, to the regulations and to the terms of the licence.

Subsection 233(2) provides that:

"Licences issued under subsection (1) shall be of three classes, that is

(a) licences for life insurance, or life accident insurance, or life and accident and sickness insurance;

(b) licences for accident and sickness insurance;

(c) licences for all classes of insurance other than life insurance."

Section 244(1) of the Insurance Act (Yukon) provides that:

"244(1) No insurer, and no officer, employee or agent thereof, and no broker shall directly indirectly pay or allow, or agree to pay or allow, compensation or anything of value to any person for placing or negotiating insurance lives, property, or interests in the Yukon, or negotiating the continuance or renewal thereof, or for attempting so to do, who at the date thereof is not a duly licensed insurance agent or broker or a person acting under subsection 233(17), and whoever knowingly contravenes moments this subsection is guilty of an offence."

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

"240 An agent or broker is personally liable to the insured on all contracts of insurance unlawfully made by or through them directly or indirectly with any insurer not licensed to undertake insurance in the Yukon in the same manner as if the agent or broker were the insurer."