Certificate Expiry, Penalties and Fees Regulation

Link to law: http://www.qp.alberta.ca/1266.cfm?page=2001_125.cfm&leg_type=Regs&isbncln=9780779768349&display=html
Published: 2012

AR 125/2001 CERTIFICATE EXPIRY, PENALTIES AND FEES REGULATION (Consolidated up to 200/2012)
ALBERTA REGULATION 125/2001
Insurance Act
CERTIFICATE EXPIRY, PENALTIES AND FEES REGULATION
Table of Contents
Part 1 Certificate Expiry
                1       Expiry dates
             1.1       Expiry dates
Part 2 Fees
                2       Fees
                3       Issue or renewal of certificate
                4       Renewal
                5       Insurer
                6       Amendment or reinstatement of certificate
                7       Status
                8       Duplicate
                9       Writing of examinations
              10       Oral exam
              12       Restricted insurance agent
           12.1       Continuing education
Part 3 Penalties
              13       Section 480 penalties Part 4 Repeals, Expiry and Coming into Force
              14       Repeal
              15       Expiry
              16       Coming into force
Part 1 Certificate Expiry
Expiry dates
1(1)  A life insurance agent’s certificate of authority issued, renewed, amended or reinstated
                                 (a)    during the period from February 16 to the following December 15 expires on February 15 following the date of its issue, renewal, amendment or reinstatement;
                                 (b)    during the period from December 16 to the following February 15 expires on February 15 of the year following the expiry of that period.
(2)  An accident and sickness insurance agent’s certificate of authority issued, renewed, amended or reinstated
                                 (a)    during the period from February 16 to the following December 15 expires on February 15 following the date of its issue, renewal, amendment or reinstatement;
                                 (b)    during the period from December 16 to the following February 15 expires on February 15 of the year following the expiry of that period.
(3)  Repealed AR 93/2006 s2.
(4)  A general insurance agent’s certificate of authority issued, renewed, amended or reinstated
                                 (a)    during the period from November 1 to the following August 31 expires on October 31 following the date of its issue, renewal, amendment or reinstatement;
                                 (b)    during the period from September 1 to the following October 31 expires on October 31 of the year following the expiry of that period.
(5)  An adjuster’s certificate of authority issued, renewed, amended or reinstated
                                 (a)    during the period from June 1 to the following March 31 expires on May 31 following the date of its issue, renewal, amendment or reinstatement;
                                 (b)    during the period from April 1 to the following May 31 expires on May 31 of the year following the expiry of that period.
AR 125/2001 s1;292/2002;93/2006
Expiry dates
1.1(1)  This section applies notwithstanding section 1.
(2)  A life insurance agent’s certificate of authority issued, renewed, amended or reinstated
                                 (a)    on or after December 16, 2012 but before May 1, 2014, expires on June 30, 2014, and
                                 (b)    commencing in 2014, on or after May 1 in a year but before July 1 of that year, expires on June 30 of the following year.
(3)  An accident and sickness insurance agent’s certificate of authority issued, renewed, amended or reinstated
                                 (a)    on or after December 16, 2012 but before May 1, 2014, expires on June 30, 2014, and
                                 (b)    commencing in 2014, on or after May 1 in a year but before July 1 of that year, expires on June 30 of the following year.
(4)  A general insurance agent’s certificate of authority issued, renewed, amended or reinstated
                                 (a)    on or after September 1, 2013 but before May 1, 2014, expires on June 30, 2014, and
                                 (b)    commencing in 2014, on or after May 1 in a year but before July 1 of that year, expires on June 30 of the following year.
(5)  An adjuster’s certificate of authority issued, renewed, amended or reinstated
                                 (a)    on or after April 1, 2013 but before May 1, 2014, expires on June 30, 2014, and
                                 (b)    commencing in 2014, on or after May 1 in a year but before July 1 of that year, expires on June 30 of the following year.
AR 200/2012 s2
Part 2 Fees
Fees
2   The fees in sections 3 to 12 apply to things done by an insurance council under the authority of the Act and those in section 12.1 apply to things done by the Minister and the Accreditation Committee under the Insurance Agents and Adjusters Regulation (AR 122/2001).
AR 125/2001 s2;375/2003
Issue or renewal of certificate
3(1)  The fees payable by insurance agents for the issue or renewal of an insurance agent’s certificate of authority are as follows:                                  (a)    to undertake general insurance $80 to $95;                                  (b)    to undertake life insurance $80 to $95;                                  (c)    to undertake accident and sickness insurance $50 to $60;                                  (d)    despite clause (a), to undertake general insurance limited to a single class of insurance $80 to $95.

(2)  Notwithstanding subsection (1), the fees payable by insurance agents are as follows:
                                 (a)    for the issuance or renewal of an insurance agent’s certificate of authority to undertake general insurance issued on or after September 1, 2013 but before May 1, 2014 is $65;
                                 (b)    for the issuance or renewal of an insurance agent’s certificate of authority to undertake life insurance issued on or after December 16, 2012 but before May 1, 2014 is $135;
                                 (c)    for the issuance or renewal of an insurance agent’s certificate of authority to undertake accident and sickness insurance issued on or after December 16, 2012 but before May 1, 2014 is $85;
                                 (d)    for the issuance or renewal of an insurance agent’s certificate of authority to undertake general insurance limited to a single class of insurance issued on or after September 1, 2013 but before May 1, 2014 is $65.
(3)  The Alberta Insurance Council shall determine the specific amount payable within the range specified in subsection (1).
AR 125/2001 s3;292/2002;375/2003;269/2004;18/2009; 200/2012
Renewal
4(1)  The fee payable by adjusters for the issue or renewal of an adjuster’s certificate of authority is $80 to $95.
(1.1)  Notwithstanding subsection (1), the fee payable by adjusters for the issue or renewal of an adjuster’s certificate of authority issued on or after April 1, 2013 but before May 1, 2014 is $105.
(2)  The Alberta Insurance Council shall determine the specific amount payable within the range specified in subsection (1).
AR 125/2001 s4;375/2003;269/2004;93/2006;18/2009; 200/2012
Insurer
5(1)   An insurer that
                                 (a)    is licensed on July 1 in a year must, subject to clause (c), pay the Alberta Insurance Council a fee of $750 on July 1 of that year;
                                 (b)    becomes licensed after July 1 in a year but before July 1 of the following year must pay a fee of $750 to the Alberta Insurance Council on the date that it becomes licensed;
                                 (c)    becomes licensed between April 1 and June 30 in a year and pays the fee required under clause (b) is not required to pay a fee on July 1 of that year.
(2)  The requirement to pay a fee under subsection (1) in a year does not apply to a fraternal society if, in the preceding calendar year, the society received premiums totalling less than $500 000 from its members who, at the time of paying the premiums, were residents in Alberta.
AR 125/2001 s5;375/2003;93/2006
Amendment or reinstatement of certificate
6   The fee payable for the amendment or reinstatement of a certificate of authority is $25.
AR 125/2001 s6; 292/2002;375/2003
Status
7   The fee payable for a certificate stating the certificate of authority status of an insurance agent or adjuster is $25.
AR 125/2001 s7;375/2003
Duplicate
8   The fee payable for the issue of a duplicate certificate of authority is $25.
AR 125/2001 s8;375/2003
Writing of examinations
9   The following fees are payable to write the respective qualifying examination:
                                 (a)    by a general insurance agent                                            $50;
                                 (b)    by an insurance adjuster                                                   $50;
                                 (c)    by an accident and sickness insurance agent               $50;
                                 (d)    by a life insurance agent                                                 $100.
AR 125/2001 s9;375/2003;269/2004;200/2012
Oral exam
10   The fee payable by insurance adjusters for oral examinations is $300.
11   Repealed AR 9/2003 s8.
Restricted insurance agent
12   The fee payable for a restricted insurance agent certificate of authority is as follows and is based on the number of employees soliciting insurance on behalf of the restricted insurance agent’s business:                                  (a)    1 ‑ 4 employees    $150;                                  (b)    5 ‑ 10 employees    $225;                                  (c)    11 ‑ 15 employees    $375;                                  (d)    16 ‑ 20 employees    $500;                                  (e)    21 ‑ 99 employees    $700;                                  (f)    100 ‑ 249 employees $1500;                                  (g)    250 ‑ 499 employees $3000;                                  (h)    500 ‑ or more $5500.

(2)  Notwithstanding subsection (1), the fee payable for a restricted insurance agent certificate of authority to undertake prescribed types of life and accident and sickness insurance on or after December 16, 2012 but before May 1, 2014 is as follows and is based on the number of employees soliciting insurance on behalf of the restricted insurance agent’s business:                                  (a)    1 ‑ 4 employees    $210;                                  (b)    5 ‑ 10 employees    $310;                                  (c)    11 ‑ 15 employees    $515;                                  (d)    16 ‑ 20 employees    $685;                                  (e)    21 ‑ 99 employees    $960;                                  (f)    100 ‑ 249 employees $2055;                                  (g)    250 ‑ 499 employees $4110;                                  (h)    500 ‑ or more $7535.

(3)  Notwithstanding subsection (1), the fee payable for a restricted insurance agent certificate of authority to undertake prescribed types of general insurance on or after September 1, 2013 but before May 1, 2014 is as follows and is based on the number of employees soliciting insurance on behalf of the restricted insurance agent’s business:                                  (a)    1 ‑ 4 employees    $100;                                  (b)    5 ‑ 10 employees    $150;                                  (c)    11 ‑ 15 employees    $250;                                  (d)    16 ‑ 20 employees    $335;                                  (e)    21 ‑ 99 employees    $465;                                  (f)    100 ‑ 249 employees    $995;                                  (g)    250 ‑ 499 employees $1990;                                  (h)    500 ‑ or more $3650.

AR 125/2001 s12;375/2003;200/2012
Continuing education
12.1(1)  The fee payable by a continuing education provider,
                                 (a)    for the year in which an approval of the provider under section 29(2) of the Insurance Agents and Adjusters Regulation (AR 122/2001) is applied for (whether successfully or not) and for each subsequent year in which such an approval is held, is $250, and
                                 (b)    for applying for an approval under section 29(2.1) of that Regulation in respect of each particular continuing education course, is $100.
(2)  Continuing education providers shall pay the fees under subsection (1) to the Alberta Insurance Council.
AR 375/2003 s10
Part 3 Penalties
Section 480 penalties
13(1)  For the purposes of section 480(2) of the Act, the amount of the penalty that may be imposed may not exceed the following:
                                 (a)    $5000 for a matter referred to in section 480(1)(a) of the Act;
                                 (b)    $1000 for a matter referred to in section 480(1)(b), (c), (d) or (e) of the Act.
(2)  The rate of interest prescribed for the purposes of section 480 of the Act is 12% per annum, prorated in respect of any part of a month, on the unpaid balance.
AR 125/2001 s13;93/2006
Part 4 Repeals, Expiry and Coming into Force
Repeal
14   The Fees, Forms and Certificates Expiry Regulation (AR 478/81) is repealed.
Expiry
15   For the purpose of ensuring that this Regulation is reviewed for ongoing relevancy and necessity, with the option that it may be repassed in its present or an amended form following a review, this Regulation expires on April 30, 2020.
AR 125/2001 s15;93/2006;200/2012
Coming into force
16   This Regulation comes into force on the coming into force of  any section of the Insurance Act (SA 1999 cI‑5.1).
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