352(1)The Superintendent shall issue or renew a licence to act and carry on business as an adjuster, agent, restricted insurance representative or special insurance broker, as the case may be, to a person if the person

352(2)The Superintendent shall issue or renew an adjusting firm licence, an agency licence, a managing general agent licence, a restricted insurance representative licence or a third party administrator licence to a partnership, a corporation or a sole proprietorship if the partnership, corporation or sole proprietorship, as the case may be,

352(3)An applicant for a licence or renewal of a licence under this Part shall not make a material misstatement or omission in the application.

352(4)Subject to the regulations and to any terms and conditions imposed on a licence, a restricted insurance representative licence authorizes the holder and the holder’s employees to solicit, negotiate, sell or arrange the classes or types of insurance prescribed by regulation and specified on the licence and that are offered in the course of the business activity specified on the licence.

352(5)The Superintendent may issue an agent licence for the class or classes of licence prescribed by regulation.

352(6)All officers, partners or employees of an agency, managing general agent or third party administrator that act or carry on business as an agent shall hold an agent licence, separate from the licence held by the agency, managing general agent or third party administrator, as the case may be.

352(7)All officers, partners or employees of an adjusting firm that act as an adjuster shall hold an adjuster licence, separate from the licence held by the adjusting firm.

352(8)If an applicant for a licence under this Part is a partnership, each member of the partnership shall be named in the application.

352(9)If a partnership that holds a licence under this Part is terminated before the expiration of the licence, the licence shall be cancelled and the partners shall immediately give notice in writing to the Superintendent.

352(10)If an applicant for a licence under this Part is a partnership, a corporation or a sole proprietorship, the licence shall be issued in the name of the partnership, corporation or sole proprietorship, as the case may be.

352(11)If a partnership that holds a licence under this Part commits an offence under this Act or the regulations, any member of the partnership may be charged with, convicted of and sentenced for that offence.

352(12)An agency licence or a managing general agent licence shall not be issued to a corporation if it appears to the Superintendent that the application is made for the purpose of acting as agent wholly or chiefly in the insurance of property owned by the corporation or by its shareholders or members, or in the placing of insurance for one person, firm, corporation, estate or family.

352(13)Except as otherwise provided in this section, an adjusting firm and an agency are subject to the provisions of this Act and the regulations with respect to adjusters and agents.

352(14)If the charter of a corporation that holds a licence under this Part is dissolved or revoked, on the dissolution or revocation, the licence shall be cancelled and the corporation shall immediately give written notice of the dissolution or revocation to the Superintendent. 

352(15)Every director or officer of a corporation who holds a licence under this Part who assents to or acquiesces in conduct that the director or officer knows or reasonably ought to know amounts to the corporation committing an offence referred to in this Act or the regulations also commits the offence.

352(16)A holder of a licence issued under this Part is exempt from payment of any licence fee or special tax imposed by a local government for the transaction of the business of insurance.

352(17)The Superintendent may restrict, at any time, a licence issued under this Part or the regulations by imposing any terms and conditions that the Superintendent considers appropriate on the licence.

352(18)The holder of a licence shall comply with the terms and conditions imposed on the licence under this Part by the Superintendent.

352(19)The Superintendent shall not impose terms and conditions on a licence under this Part without giving the applicant for the licence or the holder of the licence an opportunity to be heard.

352(20) On consent, the Superintendent may accept a written undertaking requiring any of the following persons to do any act, or refrain from doing any act, specified by the Superintendent and the person shall comply with the undertaking: 

352(21)The holders of any of the following licences shall be sponsored, for the term of the licence, by an insurance company that holds a valid licence for the same class of insurance as the holder: 

352(22)A restricted insurance representative shall be sponsored for the term of a licence by an insurer that has an agreement with the business that allows the business to act on behalf of the insurer and is licensed in New Brunswick

352(23) A holder of the following licences may hold more than one class of licence if the holder complies with the requirements of this Act and the regulations with respect to the licence: 

352(24)If the sponsorship of a licensee is terminated by an insurer, the licence shall be immediately cancelled and the sponsor shall provide notice to the Superintendent in a manner required by the Superintendent and within the time prescribed by regulation.

352(25)A licence issued under this Part may be revoked or suspended by the Superintendent, or refused renewal or reinstatement by the Superintendent, if the Superintendent is of the opinion that the holder of the licence

352(26)The Superintendent may prohibit an individual from soliciting, negotiating, selling or arranging insurance on behalf of a restricted insurance representative if the Superintendent is of the opinion that the individual

352(27)The Superintendent shall not refuse to issue a licence without giving the applicant or licence holder an opportunity to be heard.

352(28)No licence shall be revoked, suspended, or refused renewal or reinstatement under subsection (25) or no individual shall be prohibited from soliciting, negotiating, selling or arranging insurance on behalf of a restricted insurance representative under subsection (26) without giving the holder or individual an opportunity to be heard.

352(29)Subject to subsection (25), a licence issued under this Part shall expire at a time fixed by regulation, unless it is automatically cancelled under subsection (9), (14) or (24) or is revoked or suspended by the Superintendent.

352(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.

352(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.

352(2.1)The Superintendent may, on the payment of the prescribed fee, issue to any suitable person resident outside the Province a licence to act in the Province as an insurance broker to negotiate, continue or renew contracts of insurance other than life insurance or to place risks or effect insurance with any duly licensed insurer or its agent.

352(3)On written notice to the Superintendent that a licensed insurer has appointed a person to act as his or her agent in the Province and on filing an application in a form provided by the Superintendent and on payment of the prescribed fee, the Superintendent shall, if the Superintendent is satisfied that the applicant is a suitable person to receive a licence, has complied with the requirements of this Act and the regulations and intends to hold himself or herself out publicly and carry on business in good faith as an insurance agent or an insurance broker, issue to the applicant a licence which shall state in substance that the holder is, during the term of the licence, authorized to carry on within New Brunswick the business of an insurance agent or an insurance broker.

352(4)A notice of appointment by an insurer shall be in a form provided by the Superintendent and shall state that the applicant has been authorized in writing by the insurer to act as an agent for the insurer in the soliciting of and negotiating for insurance and shall be accompanied by a statement of the applicant in a form provided by the Superintendent in which the applicant certifies the truth of the information provided, stating the name, age, residence and present occupation of the applicant and his or her occupation for the five years immediately preceding the date of the notice and particulars of any other employment in which he or she is engaged and any other information that the Superintendent requires.

352(5)Where the applicant is the appointee of an insurer carrying on in the Province the business of life insurance, or life and accident insurance, or life and accident and sickness insurance, the licence shall expressly limit the authorization of the agent to the class of insurance for which the insurer is licensed; and when the applicant is the appointee of an insurer carrying on in the Province any class or classes of insurance business other than life insurance, the licence shall expressly exclude the business of life insurance, but nothing herein shall prevent the issue to the same applicant of two licences including all classes of insurance if due application has been made for two licences.

352(6)Where the agency, upon notice of which a licence is issued, is terminated, notice in writing of such termination shall forthwith be given by the insurer to the Superintendent with the reason therefor, and thereupon the licence shall be ipso facto suspended, but such licence may be revived subject to the approval of the Superintendent upon filing of notice of a new agency appointment and upon payment of the prescribed fee.

352(7)An insurer who fails to notify the Superintendent within thirty days of the termination of an agency appointment as required by subsection (6) is guilty of an offence.

352(8)A licence issued under this section may be revoked or suspended by the Superintendent if, after due investigation and a hearing, he or she determines that the holder of the licence,

352(9)In determining whether to revoke or suspend a licence, the Superintendent may, and shall when requested in writing by the licensee, nominate an advisory board before which the hearing provided for in subsection (8) shall be heard, and the advisory board shall provide the Superintendent with the recommendations it considers appropriate.

352(9.01)In a case where no advisory board is nominated under subsection (9), the decision of the Superintendent made under subsection (8) after he or she has held a hearing may be appealed to the Tribunal within 30 days after the date of the decision.

352(9.1)In determining whether to grant or refuse an application for or the renewal of a licence, the Superintendent may, and shall when requested in writing by the applicant or licensee, nominate an advisory board which shall hold a hearing and provide the Superintendent with the recommendations it considers appropriate.

352(9.2)The advisory board referred to in subsections (9) and (9.1) shall be comprised of a representative of insurers, a representative of agents or brokers and a representative of the Superintendent, and the decision of the Superintendent rendered after the hearing and on the advice of the board may be appealed to the Tribunal within 30 days after the date of the decision.

352(9.3)Despite subsections (9.01) and (9.2), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.

352(10)The representative of the Superintendent upon the advisory board shall act as chairman and for the purposes of his duties in connection with the investigation and hearing contemplated by subsection (9), has the same powers as are vested in the Superintendent by section 4 of this Act.

352(11)A licence issued hereunder shall expire at such time as the regulations provide unless automatically suspended by notice pursuant to subsection (6) hereof or unless revoked or suspended by the Superintendent; but such licence may, in the discretion of the Superintendent, be renewed on application on a form provided by the Superintendent giving such information as he may require and payment of the prescribed fee.

352(12)The holder of a licence under this section as a broker for insurance other than life insurance may, during the term and validity of the licence, act as agent for any licensed insurer within the limits prescribed by the broker’s licence but may not act as agent or broker directly or indirectly through a broker licensed for business with unlicensed insurers under section 354 or otherwise in dealing with unlicensed insurers.

352(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.

352(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.

352(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.

352(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.

352(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.

352(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.

352(20)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.

352(21)The licence shall be subject to the regulations, if any, with respect to the form of the licence, the terms and conditions under which it is issued and the circumstances under which it may be suspended or revoked.

352(22)Where the words “insurer” or “licensed insurer” appear in this section, they include a general agent acting in his capacity as a provincial representative of an insurer.

352(23)The Lieutenant-Governor in Council may make regulations

352(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.

352(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.

352(2.1)The Superintendent may, on the payment of the prescribed fee, issue to any suitable person resident outside the Province a licence to act in the Province as an insurance broker to negotiate, continue or renew contracts of insurance other than life insurance or to place risks or effect insurance with any duly licensed insurer or its agent.

352(3)On written notice to the Superintendent that a licensed insurer has appointed a person to act as his or her agent in the Province and on filing an application in a form provided by the Superintendent and on payment of the prescribed fee, the Superintendent shall, if the Superintendent is satisfied that the applicant is a suitable person to receive a licence, has complied with the requirements of this Act and the regulations and intends to hold himself or herself out publicly and carry on business in good faith as an insurance agent or an insurance broker, issue to the applicant a licence which shall state in substance that the holder is, during the term of the licence, authorized to carry on within New Brunswick the business of an insurance agent or an insurance broker.

352(4)A notice of appointment by an insurer shall be in a form provided by the Superintendent and shall state that the applicant has been authorized in writing by the insurer to act as an agent for the insurer in the soliciting of and negotiating for insurance and shall be accompanied by a statement of the applicant in a form provided by the Superintendent in which the applicant certifies the truth of the information provided, stating the name, age, residence and present occupation of the applicant and his or her occupation for the five years immediately preceding the date of the notice and particulars of any other employment in which he or she is engaged and any other information that the Superintendent requires.

352(5)Where the applicant is the appointee of an insurer carrying on in the Province the business of life insurance, or life and accident insurance, or life and accident and sickness insurance, the licence shall expressly limit the authorization of the agent to the class of insurance for which the insurer is licensed; and when the applicant is the appointee of an insurer carrying on in the Province any class or classes of insurance business other than life insurance, the licence shall expressly exclude the business of life insurance, but nothing herein shall prevent the issue to the same applicant of two licences including all classes of insurance if due application has been made for two licences.

352(6)Where the agency, upon notice of which a licence is issued, is terminated, notice in writing of such termination shall forthwith be given by the insurer to the Superintendent with the reason therefor, and thereupon the licence shall be ipso facto suspended, but such licence may be revived subject to the approval of the Superintendent upon filing of notice of a new agency appointment and upon payment of the prescribed fee.

352(7)An insurer who fails to notify the Superintendent within thirty days of the termination of an agency appointment as required by subsection (6) is guilty of an offence.

352(8)A licence issued under this section may be revoked or suspended by the Superintendent if, after due investigation and a hearing, he or she determines that the holder of the licence,

352(9)In determining whether to revoke or suspend a licence, the Superintendent may, and shall when requested in writing by the licensee, nominate an advisory board before which the hearing provided for in subsection (8) shall be heard, and the advisory board shall provide the Superintendent with the recommendations it considers appropriate.

352(9.01)In a case where no advisory board is nominated under subsection (9), the decision of the Superintendent made under subsection (8) after he or she has held a hearing may be appealed to the Tribunal.

352(9.1)In determining whether to grant or refuse an application for or the renewal of a licence, the Superintendent may, and shall when requested in writing by the applicant or licensee, nominate an advisory board which shall hold a hearing and provide the Superintendent with the recommendations it considers appropriate.

352(9.2)The advisory board referred to in subsections (9) and (9.1) shall be comprised of a representative of insurers, a representative of agents or brokers and a representative of the Superintendent, and the decision of the Superintendent rendered after the hearing and on the advice of the board may be appealed to the Tribunal.

352(10)The representative of the Superintendent upon the advisory board shall act as chairman and for the purposes of his duties in connection with the investigation and hearing contemplated by subsection (9), has the same powers as are vested in the Superintendent by section 4 of this Act.

352(11)A licence issued hereunder shall expire at such time as the regulations provide unless automatically suspended by notice pursuant to subsection (6) hereof or unless revoked or suspended by the Superintendent; but such licence may, in the discretion of the Superintendent, be renewed on application on a form provided by the Superintendent giving such information as he may require and payment of the prescribed fee.

352(12)The holder of a licence under this section as a broker for insurance other than life insurance may, during the term and validity of the licence, act as agent for any licensed insurer within the limits prescribed by the broker’s licence but may not act as agent or broker directly or indirectly through a broker licensed for business with unlicensed insurers under section 354 or otherwise in dealing with unlicensed insurers.

352(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.

352(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.

352(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.

352(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.

352(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.

352(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.

352(20)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.

352(21)The licence shall be subject to the regulations, if any, with respect to the form of the licence, the terms and conditions under which it is issued and the circumstances under which it may be suspended or revoked.

352(22)Where the words “insurer” or “licensed insurer” appear in this section, they include a general agent acting in his capacity as a provincial representative of an insurer.

352(23)The Lieutenant-Governor in Council may make regulations

352(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.

352(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.

352(2.1)The Superintendent may, on the payment of the prescribed fee, issue to any suitable person resident outside the Province a licence to act in the Province as an insurance broker to negotiate, continue or renew contracts of insurance other than life insurance or to place risks or effect insurance with any duly licensed insurer or its agent.

352(3)On written notice to the Superintendent that a licensed insurer has appointed a person to act as his or her agent in the Province and on filing an application in a form provided by the Superintendent and on payment of the prescribed fee, the Superintendent shall, if the Superintendent is satisfied that the applicant is a suitable person to receive a licence, has complied with the requirements of this Act and the regulations and intends to hold himself or herself out publicly and carry on business in good faith as an insurance agent or an insurance broker, issue to the applicant a licence which shall state in substance that the holder is, during the term of the licence, authorized to carry on within New Brunswick the business of an insurance agent or an insurance broker.

352(4)A notice of appointment by an insurer shall be in a form provided by the Superintendent and shall state that the applicant has been authorized in writing by the insurer to act as an agent for the insurer in the soliciting of and negotiating for insurance and shall be accompanied by a statement of the applicant in a form provided by the Superintendent in which the applicant certifies the truth of the information provided, stating the name, age, residence and present occupation of the applicant and his or her occupation for the five years immediately preceding the date of the notice and particulars of any other employment in which he or she is engaged and any other information that the Superintendent requires.

352(5)Where the applicant is the appointee of an insurer carrying on in the Province the business of life insurance, or life and accident insurance, or life and accident and sickness insurance, the licence shall expressly limit the authorization of the agent to the class of insurance for which the insurer is licensed; and when the applicant is the appointee of an insurer carrying on in the Province any class or classes of insurance business other than life insurance, the licence shall expressly exclude the business of life insurance, but nothing herein shall prevent the issue to the same applicant of two licences including all classes of insurance if due application has been made for two licences.

352(6)Where the agency, upon notice of which a licence is issued, is terminated, notice in writing of such termination shall forthwith be given by the insurer to the Superintendent with the reason therefor, and thereupon the licence shall be ipso facto suspended, but such licence may be revived subject to the approval of the Superintendent upon filing of notice of a new agency appointment and upon payment of the prescribed fee.

352(7)An insurer who fails to notify the Superintendent within thirty days of the termination of an agency appointment as required by subsection (6) is guilty of an offence.

352(8)A licence issued under this section may be revoked or suspended by the Superintendent if, after due investigation and a hearing, he or she determines that the holder of the licence,

352(9)In determining whether to revoke or suspend a licence, the Superintendent may, and shall when requested in writing by the licensee, nominate an advisory board before which the hearing provided for in subsection (8) shall be heard, and the advisory board shall provide the Superintendent with the recommendations it considers appropriate.

352(9.1)In determining whether to grant or refuse an application for or the renewal of a licence, the Superintendent may, and shall when requested in writing by the applicant or licensee, nominate an advisory board which shall hold a hearing and provide the Superintendent with the recommendations it considers appropriate.

352(9.2)The advisory board referred to in subsections (9) and (9.1) shall be comprised of a representative of insurers, a representative of agents or brokers and a representative of the Superintendent, and the decision of the Superintendent rendered after the hearing and on the advice of the board may be appealed to the Tribunal.

352(10)The representative of the Superintendent upon the advisory board shall act as chairman and for the purposes of his duties in connection with the investigation and hearing contemplated by subsection (9), has the same powers as are vested in the Superintendent by section 4 of this Act.

352(11)A licence issued hereunder shall expire at such time as the regulations provide unless automatically suspended by notice pursuant to subsection (6) hereof or unless revoked or suspended by the Superintendent; but such licence may, in the discretion of the Superintendent, be renewed on application on a form provided by the Superintendent giving such information as he may require and payment of the prescribed fee.

352(12)The holder of a licence under this section as a broker for insurance other than life insurance may, during the term and validity of the licence, act as agent for any licensed insurer within the limits prescribed by the broker’s licence but may not act as agent or broker directly or indirectly through a broker licensed for business with unlicensed insurers under section 354 or otherwise in dealing with unlicensed insurers.

352(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.

352(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.

352(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.

352(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.

352(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.

352(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.

352(20)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.

352(21)The licence shall be subject to the regulations, if any, with respect to the form of the licence, the terms and conditions under which it is issued and the circumstances under which it may be suspended or revoked.

352(22)Where the words “insurer” or “licensed insurer” appear in this section, they include a general agent acting in his capacity as a provincial representative of an insurer.

352(23)The Lieutenant-Governor in Council may make regulations

352(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.

352(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.

352(3)Upon written notice to the Superintendent that a licensed insurer has appointed a person to act as his agent in the Province and upon due application of such person and payment by him of the prescribed fee, the Superintendent shall, if he is satisfied that the applicant is a suitable person to receive a licence, has complied with the requirements of this Act and the regulations and intends to hold himself out publicly and carry on business in good faith as an insurance agent or an insurance broker, issue to the applicant a licence which shall state in substance that the holder is, during the term of the licence, authorized to carry on within New Brunswick the business of an insurance agent or an insurance broker.

352(4)Such notice of appointment by an insurer shall be upon a form furnished by the Superintendent and shall state that the appointee has been authorized in writing by the insurer to act as an agent for the insurer in the soliciting of and negotiating for insurance and shall be accompanied by a sworn statement of the appointee on a form furnished by the Superintendent which shall give the name, age, residence and present occupation of the applicant and his occupation for the five years next preceding the date of the notice and particulars of any other employment in which he may be engaged and such other information as the Superintendent may require.

352(5)Where the applicant is the appointee of an insurer carrying on in the Province the business of life insurance, or life and accident insurance, or life and accident and sickness insurance, the licence shall expressly limit the authorization of the agent to the class of insurance for which the insurer is licensed; and when the applicant is the appointee of an insurer carrying on in the Province any class or classes of insurance business other than life insurance, the licence shall expressly exclude the business of life insurance, but nothing herein shall prevent the issue to the same applicant of two licences including all classes of insurance if due application has been made for two licences.

352(6)Where the agency, upon notice of which a licence is issued, is terminated, notice in writing of such termination shall forthwith be given by the insurer to the Superintendent with the reason therefor, and thereupon the licence shall be ipso facto suspended, but such licence may be revived subject to the approval of the Superintendent upon filing of notice of a new agency appointment and upon payment of the fee which may be prescribed by the Lieutenant-Governor in Council or the Financial and Consumer Services Commission, as the case may be.

352(7)An insurer who fails to notify the Superintendent within thirty days of the termination of an agency appointment as required by subsection (6) is guilty of an offence.

352(8)A licence issued under this section may be revoked or suspended by the Superintendent if, after due investigation and a hearing, he or she determines that the holder of the licence,

352(9)In determining whether to revoke or suspend a licence, the Superintendent may, and shall when requested in writing by the licensee, nominate an advisory board before which the hearing provided for in subsection (8) shall be heard, and the advisory board shall provide the Superintendent with the recommendations it considers appropriate.

352(9.1)In determining whether to grant or refuse an application for or the renewal of a licence, the Superintendent may, and shall when requested in writing by the applicant or licensee, nominate an advisory board which shall hold a hearing and provide the Superintendent with the recommendations it considers appropriate.

352(9.2)The advisory board referred to in subsections (9) and (9.1) shall be comprised of a representative of insurers, a representative of agents or brokers and a representative of the Superintendent, and the decision of the Superintendent rendered after the hearing and on the advice of the board may be appealed to the Tribunal.

352(10)The representative of the Superintendent upon the advisory board shall act as chairman and for the purposes of his duties in connection with the investigation and hearing contemplated by subsection (9), has the same powers as are vested in the Superintendent by section 4 of this Act.

352(11)A licence issued hereunder shall expire at such time as the regulations provide unless automatically suspended by notice pursuant to subsection (6) hereof or unless revoked or suspended by the Superintendent; but such licence may, in the discretion of the Superintendent, be renewed on application on a form provided by the Superintendent giving such information as he may require and payment of the prescribed fee.

352(12)The holder of a licence under this section as a broker for insurance other than life insurance may, during the term and validity of the licence, act as agent for any licensed insurer within the limits prescribed by the broker’s licence but may not act as agent or broker directly or indirectly through a broker licensed for business with unlicensed insurers under section 354 or otherwise in dealing with unlicensed insurers.

352(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.

352(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.

352(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.

352(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.

352(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.

352(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.

352(20)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.

352(21)The licence shall be subject to the regulations, if any, with respect to the form of the licence, the terms and conditions under which it is issued and the circumstances under which it may be suspended or revoked.

352(22)Where the words “insurer” or “licensed insurer” appear in this section, they include a general agent acting in his capacity as a provincial representative of an insurer.

352(23)The Lieutenant-Governor in Council may make regulations

352(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.

352(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.

352(3)Upon written notice to the Superintendent that a licensed insurer has appointed a person to act as his agent in the Province and upon due application of such person and payment by him of the prescribed fee, the Superintendent shall, if he is satisfied that the applicant is a suitable person to receive a licence, has complied with the requirements of this Act and the regulations and intends to hold himself out publicly and carry on business in good faith as an insurance agent or an insurance broker, issue to the applicant a licence which shall state in substance that the holder is, during the term of the licence, authorized to carry on within New Brunswick the business of an insurance agent or an insurance broker.

352(4)Such notice of appointment by an insurer shall be upon a form furnished by the Superintendent and shall state that the appointee has been authorized in writing by the insurer to act as an agent for the insurer in the soliciting of and negotiating for insurance and shall be accompanied by a sworn statement of the appointee on a form furnished by the Superintendent which shall give the name, age, residence and present occupation of the applicant and his occupation for the five years next preceding the date of the notice and particulars of any other employment in which he may be engaged and such other information as the Superintendent may require.

352(5)Where the applicant is the appointee of an insurer carrying on in the Province the business of life insurance, or life and accident insurance, or life and accident and sickness insurance, the licence shall expressly limit the authorization of the agent to the class of insurance for which the insurer is licensed; and when the applicant is the appointee of an insurer carrying on in the Province any class or classes of insurance business other than life insurance, the licence shall expressly exclude the business of life insurance, but nothing herein shall prevent the issue to the same applicant of two licences including all classes of insurance if due application has been made for two licences.

352(6)Where the agency, upon notice of which a licence is issued, is terminated, notice in writing of such termination shall forthwith be given by the insurer to the Superintendent with the reason therefor, and thereupon the licence shall be ipso facto suspended, but such licence may be revived subject to the approval of the Superintendent upon filing of notice of a new agency appointment and upon payment of the fee which may be prescribed by the Lieutenant-Governor in Council or the Financial and Consumer Services Commission, as the case may be.

352(7)An insurer who fails to notify the Superintendent within thirty days of the termination of an agency appointment as required by subsection (6) is guilty of an offence.

352(8)A licence issued under this section may be revoked or suspended by the Superintendent if, after due investigation and a hearing, he or she determines that the holder of the licence,

352(9)In determining whether to revoke or suspend a licence, the Superintendent may, and shall when requested in writing by the licensee, nominate an advisory board before which the hearing provided for in subsection (8) shall be heard, and the advisory board shall provide the Superintendent with the recommendations it considers appropriate.

352(9.1)In determining whether to grant or refuse an application for or the renewal of a licence, the Superintendent may, and shall when requested in writing by the applicant or licensee, nominate an advisory board which shall hold a hearing and provide the Superintendent with the recommendations it considers appropriate.

352(9.2)The advisory board referred to in subsections (9) and (9.1) shall be comprised of a representative of insurers, a representative of agents or brokers and a representative of the Superintendent, and the decision of the Superintendent rendered after the hearing and on the advice of the board may be appealed to the Tribunal.

352(10)The representative of the Superintendent upon the advisory board shall act as chairman and for the purposes of his duties in connection with the investigation and hearing contemplated by subsection (9), has the same powers as are vested in the Superintendent by section 4 of this Act.

352(11)A licence issued hereunder shall expire at such time as the regulations provide unless automatically suspended by notice pursuant to subsection (6) hereof or unless revoked or suspended by the Superintendent; but such licence may, in the discretion of the Superintendent, be renewed on application on a form provided by the Superintendent giving such information as he may require and payment of the prescribed fee.

352(12)The holder of a licence under this section as a broker for insurance other than life insurance may, during the term and validity of the licence, act as agent for any licensed insurer within the limits prescribed by the broker’s licence but may not act as agent or broker directly or indirectly through a broker licensed for business with unlicensed insurers under section 354 or otherwise in dealing with unlicensed insurers.

352(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.

352(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.

352(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.

352(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.

352(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.

352(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.

352(20)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.

352(21)The licence shall be subject to the regulations, if any, with respect to the form of the licence, the terms and conditions under which it is issued and the circumstances under which it may be suspended or revoked.

352(22)Where the words “insurer” or “licensed insurer” appear in this section, they include a general agent acting in his capacity as a provincial representative of an insurer.

352(23)The Lieutenant-Governor in Council may make regulations

352(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.

352(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.

352(3)Upon written notice to the Superintendent that a licensed insurer has appointed a person to act as his agent in the Province and upon due application of such person and payment by him of the prescribed fee, the Superintendent shall, if he is satisfied that the applicant is a suitable person to receive a licence, has complied with the requirements of this Act and the regulations and intends to hold himself out publicly and carry on business in good faith as an insurance agent or an insurance broker, issue to the applicant a licence which shall state in substance that the holder is, during the term of the licence, authorized to carry on within New Brunswick the business of an insurance agent or an insurance broker.

352(4)Such notice of appointment by an insurer shall be upon a form furnished by the Superintendent and shall state that the appointee has been authorized in writing by the insurer to act as an agent for the insurer in the soliciting of and negotiating for insurance and shall be accompanied by a sworn statement of the appointee on a form furnished by the Superintendent which shall give the name, age, residence and present occupation of the applicant and his occupation for the five years next preceding the date of the notice and particulars of any other employment in which he may be engaged and such other information as the Superintendent may require.

352(5)Where the applicant is the appointee of an insurer carrying on in the Province the business of life insurance, or life and accident insurance, or life and accident and sickness insurance, the licence shall expressly limit the authorization of the agent to the class of insurance for which the insurer is licensed; and when the applicant is the appointee of an insurer carrying on in the Province any class or classes of insurance business other than life insurance, the licence shall expressly exclude the business of life insurance, but nothing herein shall prevent the issue to the same applicant of two licences including all classes of insurance if due application has been made for two licences.

352(6)Where the agency, upon notice of which a licence is issued, is terminated, notice in writing of such termination shall forthwith be given by the insurer to the Superintendent with the reason therefor, and thereupon the licence shall be ipso facto suspended, but such licence may be revived subject to the approval of the Superintendent upon filing of notice of a new agency appointment and upon payment of the fee which the Lieutenant-Governor in Council may prescribe by regulation.

352(7)An insurer who fails to notify the Superintendent within thirty days of the termination of an agency appointment as required by subsection (6) is guilty of an offence.

352(8)A licence issued under this section may be revoked by the Superintendent if, after due investigation and a hearing, he determines that the holder of such licence,

352(9)In determining the granting or refusal of an application for a licence or renewal of licence, or the cancellation of an existing licence, the Superintendent may, and shall when so requested in writing by the applicant or licensee, nominate an advisory board before which the hearing provided for in subsection (8) shall be had, on which board there shall be a representative of insurers and a representative of agents or brokers, and a representative of the Superintendent, and the decision of the Superintendent rendered after the hearing and on the advice of such board is final and binding upon all parties concerned and is not subject to appeal.

352(10)The representative of the Superintendent upon the advisory board shall act as chairman and for the purposes of his duties in connection with the investigation and hearing contemplated by subsection (9), has the same powers as are vested in the Superintendent by section 4 of this Act.

352(11)A licence issued hereunder shall expire at such time as the regulations provide unless automatically suspended by notice pursuant to subsection (6) hereof or unless revoked or suspended by the Superintendent; but such licence may, in the discretion of the Superintendent, be renewed upon due application upon a form prescribed by the Superintendent giving such information as he may require and payment of the prescribed fee.

352(12)The holder of a licence under this section as a broker for insurance other than life insurance may, during the term and validity of the licence, act as agent for any licensed insurer within the limits prescribed by the broker’s licence but may not act as agent or broker directly or indirectly through a broker licensed for business with unlicensed insurers under section 354 or otherwise in dealing with unlicensed insurers.

352(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.

352(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.

352(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.

352(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.

352(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.

352(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.

352(20)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.

352(21)The licence shall be subject to such regulations as the Lieutenant-Governor in Council may prescribe with respect to the form of the licence, the terms and conditions under which it is issued, and the circumstances under which it may be suspended or cancelled.

352(22)Where the words “insurer” or “licensed insurer” appear in this section, they include a general agent acting in his capacity as a provincial representative of an insurer.

352(23)The Lieutenant-Governor in Council may make regulations

352(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.

352(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.

352(3)Upon written notice to the Superintendent that a licensed insurer has appointed a person to act as his agent in the Province and upon due application of such person and payment by him of the prescribed fee, the Superintendent shall, if he is satisfied that the applicant is a suitable person to receive a licence, has complied with the requirements of this Act and the regulations and intends to hold himself out publicly and carry on business in good faith as an insurance agent or an insurance broker, issue to the applicant a licence which shall state in substance that the holder is, during the term of the licence, authorized to carry on within New Brunswick the business of an insurance agent or an insurance broker.

352(4)Such notice of appointment by an insurer shall be upon a form furnished by the Superintendent and shall state that the appointee has been authorized in writing by the insurer to act as an agent for the insurer in the soliciting of and negotiating for insurance and shall be accompanied by a sworn statement of the appointee on a form furnished by the Superintendent which shall give the name, age, residence and present occupation of the applicant and his occupation for the five years next preceding the date of the notice and particulars of any other employment in which he may be engaged and such other information as the Superintendent may require.

352(5)Where the applicant is the appointee of an insurer carrying on in the Province the business of life insurance, or life and accident insurance, or life and accident and sickness insurance, the licence shall expressly limit the authorization of the agent to the class of insurance for which the insurer is licensed; and when the applicant is the appointee of an insurer carrying on in the Province any class or classes of insurance business other than life insurance, the licence shall expressly exclude the business of life insurance, but nothing herein shall prevent the issue to the same applicant of two licences including all classes of insurance if due application has been made for two licences.

352(6)Where the agency, upon notice of which a licence is issued, is terminated, notice in writing of such termination shall forthwith be given by the insurer to the Superintendent with the reason therefor, and thereupon the licence shall be ipso facto suspended, but such licence may be revived subject to the approval of the Superintendent upon filing of notice of a new agency appointment and upon payment of the fee which the Lieutenant-Governor in Council may prescribe by regulation.

352(7)An insurer who fails to notify the Superintendent within thirty days of the termination of an agency appointment as required by subsection (6) is guilty of an offence.

352(8)A licence issued under this section may be revoked by the Superintendent if, after due investigation and a hearing, he determines that the holder of such licence,

352(9)In determining the granting or refusal of an application for a licence or renewal of licence, or the cancellation of an existing licence, the Superintendent may, and shall when so requested in writing by the applicant or licensee, nominate an advisory board before which the hearing provided for in subsection (8) shall be had, on which board there shall be a representative of insurers and a representative of agents or brokers, and a representative of the Superintendent, and the decision of the Superintendent rendered after the hearing and on the advice of such board is final and binding upon all parties concerned and is not subject to appeal.

352(10)The representative of the Superintendent upon the advisory board shall act as chairman and for the purposes of his duties in connection with the investigation and hearing contemplated by subsection (9), has the same powers as are vested in the Superintendent by section 4 of this Act.

352(11)A licence issued hereunder shall expire at such time as the regulations provide unless automatically suspended by notice pursuant to subsection (6) hereof or unless revoked or suspended by the Superintendent; but such licence may, in the discretion of the Superintendent, be renewed for a succeeding year upon due application upon a form prescribed by the Superintendent giving such information as he may require and payment of the prescribed fee.

352(12)The holder of a licence under this section as a broker for insurance other than life insurance may, during the term and validity of the licence, act as agent for any licensed insurer within the limits prescribed by the broker’s licence but may not act as agent or broker directly or indirectly through a broker licensed for business with unlicensed insurers under section 354 or otherwise in dealing with unlicensed insurers.

352(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.

352(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.

352(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.

352(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 previous licence year solicited and procured life insurance contracts on behalf of the society in an amount in excess of twenty thousand dollars.

352(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.

352(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.

352(20)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.

352(21)The licence shall be subject to such regulations as the Lieutenant-Governor in Council may prescribe with respect to the form of the licence, the terms and conditions under which it is issued, and the circumstances under which it may be suspended or cancelled.

352(22)Where the words “insurer” or “licensed insurer” appear in this section, they include a general agent acting in his capacity as a provincial representative of an insurer.

352(23)The Lieutenant-Governor in Council may make regulations