Acts and Regulations

I-12 - Insurance Act

Full text
Repealed
93Repealed: 2016, c.36, s.7
1968, c.6, s.93; 2004, c.36, s.4; 2008, c.11, s.14; 2013, c.31, s.20; 2016, c.36, s.7
Penalties
93(1)A person who violates or fails to comply with a provision of the regulations commits an offence that is, subject to subsection (2), punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
93(2)A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 95(b.41) commits an offence of the category prescribed by regulation.
93(3)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
93(4)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
93(5)Notwithstanding subsection 56(2), (3), (5), (6) or (8) of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act in respect of an offence under this Act or the regulations is five hundred dollars.
93(6)If an offence respecting the failure to make any return required by this Act to be made within a limited time continues for more than one month,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of months during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of months during which the offence continues.
93(7)Where an insurer violates any prohibition or fails to comply with the requirements of or commits an offence under this Act or the regulations, the Superintendent may suspend or cancel the licence of the insurer.
93(8)In any prosecution under this Act, where it appears that the defendant has done any act or omitted to do any act and that act or omission is one in respect of which the defendant would be liable to some penalty under this Act or the regulations unless the defendant has been duly licensed, it is incumbent upon the defendant to prove that the defendant is duly licensed.
1968, c.6, s.93; 2004, c.36, s.4; 2008, c.11, s.14; 2013, c.31, s.20
Penalties
93(1)A person who violates or fails to comply with a provision of the regulations commits an offence that is, subject to subsection (2), punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
93(2)A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 95(b.41) commits an offence of the category prescribed by regulation.
93(3)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
93(4)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
93(5)Notwithstanding subsection 56(2), (3), (5), (6) or (8) of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act in respect of an offence under this Act or the regulations is five hundred dollars.
93(6)If an offence respecting the failure to make any return required by this Act to be made within a limited time continues for more than one month,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of months during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of months during which the offence continues.
93(7)Where an insurer violates any prohibition or fails to comply with the requirements of or commits an offence under this Act or the regulations, the Superintendent may suspend or cancel the licence of the insurer.
93(8)In any prosecution under this Act, where it appears that the defendant has done any act or omitted to do any act and that act or omission is one in respect of which the defendant would be liable to some penalty under this Act or the regulations unless the defendant has been duly licensed, it is incumbent upon the defendant to prove that the defendant is duly licensed.
1968, c.6, s.93; 2004, c.36, s.4; 2008, c.11, s.14; 2013, c.31, s.20
Penalties
93(1)A person who violates or fails to comply with a provision of the regulations commits an offence that is, subject to subsection (2), punishable under Part II of the Provincial Offences Procedure Act as a category B offence.
93(2)A person who violates or fails to comply with a provision of the regulations in respect of which a category has been prescribed under paragraph 95(b.41) commits an offence of the category prescribed by regulation.
93(3)A person who violates or fails to comply with a provision of this Act that is listed in Column I of Schedule A commits an offence.
93(4)For the purposes of Part II of the Provincial Offences Procedure Act, each offence listed in Column I of Schedule A is punishable as an offence of the category listed beside it in Column II of Schedule A.
93(5)Notwithstanding subsection 56(2), (3), (5), (6) or (8) of the Provincial Offences Procedure Act, the minimum fine that may be imposed by a judge under that Act in respect of an offence under this Act or the regulations is five hundred dollars.
93(6)If an offence respecting the failure to make any return required by this Act to be made within a limited time continues for more than one month,
(a) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act multiplied by the number of months during which the offence continues, and
(b) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act multiplied by the number of months during which the offence continues.
93(7)Where an insurer violates any prohibition or fails to comply with the requirements of or commits an offence under this Act or the regulations, the Lieutenant-Governor in Council may, upon the report of the Superintendent, suspend or cancel the licence of the insurer.
93(8)In any prosecution under this Act, where it appears that the defendant has done any act or omitted to do any act and that act or omission is one in respect of which the defendant would be liable to some penalty under this Act or the regulations unless the defendant has been duly licensed, it is incumbent upon the defendant to prove that the defendant is duly licensed.
1968, c.6, s.93; 2004, c.36, s.4; 2008, c.11, s.14
Penalties
93(1)A person who fails to comply with or violates any provision of this Act or the regulations is guilty of an offence, whether otherwise so declared or not and, except where expressly provided, is liable to a fine of not less than five hundred dollars nor more than two thousand five hundred dollars.
93(2)Where an insurer violates any prohibition or fails to comply with the requirements of or is guilty of an offence under this Act, the Lieutenant-Governor in Council may, upon the report of the Superintendent, suspend or cancel the licence of the insurer.
93(3)In any prosecution under this Act, where it appears that the defendant or the accused has done any act or been guilty of any omission in respect of which he would be liable to some penalty under this Act or the regulations unless he has been duly licensed, it is incumbent upon the defendant or the accused to prove that he is duly licensed.
93(4)In case of default in making any return required by this Act to be made within a limited time, the insurer or the person required by this Act to make the return shall, in addition to the fine provided by subsection (1), incur a further penalty of one hundred dollars for every month or part thereof during which such insurer or person neglects to file the return.
93(5)Every insurer undertaking insurance or carrying on the business of insurance in the Province without holding a licence to do so shall incur a penalty of twenty dollars for each and every day during which the default continues.
1968, c.6, s.93; 2004, c.36, s.4