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Alberta Regulation 126/2001

With amendments up to and including Alberta Regulation 177/2020

Current as of September 30, 2020

INSURANCE ACT

INSURANCE COUNCILS REGULATION

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Note

All persons making use of this consolidation are reminded that it has no legislative sanction, that amendments have been embodied for convenience of reference only. The official Statutes and Regulations should be consulted for all purposes of interpreting and applying the law.

(Consolidated up to 177/2020)

ALBERTA REGULATION 126/2001

Insurance Act


Table of Contents

1 Interpretation

Insurance Councils

2 Composition of Alberta Insurance Council 3 Composition of Life Insurance Council 4 Composition of General Insurance Council 5 Composition of Insurance Adjusters’ Council 6 Chair of councils 7 Becoming ineligible 8 Term 9 Delegation 10 Delegation to Alberta Insurance Council 11 Life, General and Adjusters’ Councils 12 Inspection of records, etc.

Appeals

13 Appeal Board 14 Becoming ineligible 15 Term 16 Notice of appeal 17 Panels 18 Remuneration, fees and expenses 19 Hearing and notice of hearing 20 Evidence - council’s decision 21 Written submissions 22 Procedural fairness 23 Panel orders 24 Disposition of appeal fee 25 Requirements for order 26 Appeal to Court 27 Evidence 28 Court orders

Section 1 AR 126/2001


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General Provisions and Elections

29 Eligibility for candidates 30 Nominations 31 Voter eligibility - council elections 32 Voter eligibility - Appeal Board elections 33 Election process 34 Alternate elected members

Transitional Provisions, Repeals, Expiry and Coming into Force

36 Repeal 37 Expiry 38 Coming into force

Interpretation 1(1) In this Regulation,

(a) “Act” means the Insurance Act;

(b) “Appeal Board” means the Insurance Councils Appeal Board established under section 13;

(c) “council” means an insurance council referred to in section 493 of the Act;

(d) “former Act” means the Insurance Act, RSA 1980 cI-5;

(e) “general insurance” means insurance of any class or of all classes, other than life insurance or accident and sickness insurance or both;

(f) “panel” means a panel of the Appeal Board.

(2) In this Regulation, a reference to a certificate of authority or licence in relation to an eligibility requirement or condition to be a member of a council or the Appeal Board or to be a voter in an election is a reference to a certificate of authority or licence that is not suspended.

Insurance Councils

Composition of Alberta Insurance Council 2 The Alberta Insurance Council consists of the following 5 members:

(a) 2 individuals appointed by the Lieutenant Governor in Council who are resident in Alberta and who neither hold



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a certificate of authority nor are employed by an insurer or a person who holds a certificate of authority;

(b) one individual appointed by the Life Insurance Council who

(i) holds an insurance agent’s certificate of authority, or is employed by a licensed insurer, and

(ii) is a member of the Life Insurance Council;

(c) one individual appointed by the General Insurance Council who

(i) holds an insurance agent’s certificate of authority or is employed by a licensed insurer, and

(ii) is a member of the General Insurance Council;

(d) one individual appointed by the Insurance Adjusters’ Council who

(i) holds an adjuster’s certificate of authority or is employed by a licensed insurer, and

(ii) is a member of the Insurance Adjusters’ Council.

Composition of Life Insurance Council 3 The Life Insurance Council consists of the following 6 members:

(a) 2 individuals appointed by the Lieutenant Governor in Council who are resident in Alberta and neither hold a certificate of authority nor are employed by an insurer or by a person who holds a certificate of authority;

(b) 2 individuals appointed by the Canadian Life and Health Insurance Association Inc. who are resident in Alberta, engaged in the life insurance business and employed by an insurer licensed to undertake life insurance;

(c) 2 individuals elected in accordance with this Regulation who are resident in Alberta, are not employed by an insurer licensed to undertake life insurance, are engaged in the life insurance business and

(i) hold insurance agents’ certificates of authority to act as life insurance agents, and

(ii) have held the insurance agents’ certificates of authority or have been designated in the certificates



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or designated under the Act for the 5 years before the election.

Composition of General Insurance Council 4 The General Insurance Council consists of the following 8 members:

(a) 2 individuals appointed by the Lieutenant Governor in Council who are resident in Alberta and do not hold certificates of authority nor are employed by an insurer or by a person who holds a certificate of authority;

(b) one individual appointed by the Insurance Bureau of Canada who is resident in Alberta, is engaged in the general insurance business and is employed by a licensed insurer that does not restrict its agents from acting as general insurance agents for other insurers;

(c) 3 individuals elected in accordance with this Regulation who are resident in Alberta, are not employed by an insurer, are engaged in the general insurance business, are not restricted by contract or otherwise from acting as insurance agents for more than one insurer and

(i) hold insurance agents’ certificates of authority to act as general insurance agents, and

(ii) have held the insurance agents’ certificates of authority or been designated in the certificates or designated under the Act for the 5 years before the election;

(d) 2 individuals appointed by the Insurance Bureau of Canada who are resident in Alberta, engaged in the general insurance business and employed by a licensed insurer that restricts its insurance agents from acting as general insurance agents for any other insurer for the same class of insurance.

Composition of Insurance Adjusters’ Council 5 The Insurance Adjusters’ Council consists of the following 4 members:

(a) one individual appointed by the Lieutenant Governor in Council who is resident in Alberta, does not hold a certificate of authority and is not employed by an insurer or by a person who holds a certificate of authority;



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(b) 2 individuals elected in accordance with this Regulation who are resident in Alberta, are engaged in the insurance business, hold adjusters’ certificates of authority and have held the certificates for the 5 years before the election and are not employed by an insurer;

(c) one individual appointed by the Insurance Bureau of Canada who is resident in Alberta, is engaged in the general insurance business and is employed by a licensed insurer to undertake general insurance.

Chair of councils 6(1) The Lieutenant Governor in Council must appoint one of the members referred to in section 2(a) as chair of the Alberta Insurance Council.

(2) The members of the Life Insurance Council must appoint one of the members referred to in section 3 as chair.

(3) The members of the General Insurance Council must appoint one of the members referred to in section 4 as chair.

(4) The members of the Insurance Adjusters’ Council must appoint one of the members referred to in section 5 as chair.

AR 126/2001 s6;10/2003;104/2006

Becoming ineligible 7 If an individual who is a member of a council no longer meets the conditions or eligibility requirements for that individual to be a member, the individual is no longer a member of the council.

Term 8(1) The term of office of an appointed member of a council is not to exceed 3 years.

(2) The term of office of an elected member of a council is 3 years.

(3) An individual appointed or elected to a council may not serve more than 2 consecutive terms as a member of that council.

(4) An individual who serves 2 consecutive terms on one council must wait 3 years before the individual is eligible to be a member of that council.

AR 126/2001 s8;104/2006



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Delegation 9 The Minister may under section 791(1) of the Act in writing delegate to a council, on any terms and conditions that the Minister considers appropriate, any of the Minister’s powers, duties and functions

(a) to approve and refuse applications for certificates of authority,

(b) to approve the reinstatement of certificates of authority under the Act,

(c) to impose terms and conditions on certificates of authority,

(d) to suspend or revoke certificates of authority and to make investigations for the purposes of the Act,

(e) to levy penalties, and to collect penalties levied, under the Act, and to remit the money collected, and

(f) to hold hearings to determine the eligibility of applicants for certificates of authority and to hold hearings on any of the matters referred to in clauses (a) to (e).

AR 126/2001 s10;27/2002

Delegation to Alberta Insurance Council 10(1) The Minister may in writing delegate to the Alberta Insurance Council, on any terms and conditions that the Minister considers appropriate, any of the Minister’s powers, duties and functions

(a) under section 33 of the Insurance Agents and Adjusters Regulation,

(b) under section 481 of the Act,

(c) respecting any administrative arrangements or details necessary or expedient for enabling councils to perform powers, duties or functions delegated to them under section 9,

(d) to receive applications for certificates of authority,

(e) to conduct, administer and grade examinations written by applicants for certificates of authority,

(f) to issue certificates of authority,

(g) to maintain records under section 794(5) of the Act and the powers, duties and functions under section 795 of the



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Act when exercised or carried out in relation to section 794(5),

(h) to collect fees and levies that are payable to the councils by applicants for certificates of authority and holders of certificates of authority, and

(i) repealed AR 148/2011 s2.

(j) to investigate complaints on behalf of councils from any persons regarding alleged contraventions of the Act or the regulations by holders of certificates of authority and to come to a resolution or disposition of those complaints.

(2) The Alberta Insurance Council must prepare and submit to the Minister, on or before April 30 of each year, an annual report on the operation and affairs of that council for the year ending on the preceding December 31, and the report must contain

(a) a financial statement summarizing the income and expenditures of the council,

(b) the number of persons registered in each certificate of authority category,

(c) the number of persons in each certificate of authority category

(i) who were refused registration, and

(ii) whose certificates of authority were suspended or cancelled,

(d) the reasons for refusals, suspensions and cancellations,

(e) a summary

(i) of the complaints received in respect of insurance companies and the investigations undertaken in respect of those complaints, and

(ii) of the resolution or disposition of those complaints,

(f) a summary

(i) of the complaints received against holders of certificates of authority, and

(ii) of the resolution or disposition of those complaints,

(g) a summary



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(i) of investigations undertaken against holders of certificates of authority under the Act, and

(ii) of the resolution or disposition of the matters investigated,

(h) a list of current members of the councils, and

(i) any other information that the Minister has requested.

(3) The Alberta Insurance Council must provide such administrative services as may be required to the other councils and the Accreditation Committee under section 29 of the Insurance Agents and Adjusters Regulation (AR 122/2001).

AR 126/2001 s10;104/2006;148/2011

Life, General and Adjusters’ Councils 11 The Minister may in writing delegate to the Life Insurance Council, the General Insurance Council or the Insurance Adjusters’ Council, on any terms and conditions that he considers appropriate, any of his powers, duties and functions

(a) to approve the respective texts and study materials provided for the examinations to be written by applicants for certificates of authority,

(b) to approve initial and other examinations to be written by applicants for certificates of authority, and

(c) to approve educational training programs to be undertaken by applicants for, or holders of, certificates of authority.

Inspection of records, etc. 12 A council must at all reasonable times allow the Superintendent or any person authorized by the Minister free and full access to the records, documents, books, papers, correspondence and any other information held by the council that relate to the exercise of powers, functions and responsibilities delegated to the council or prescribed by this Regulation, and must permit the Superintendent or the authorized person to take possession of any such materials and to retain them for any period that the Minister considers necessary with due regard to the functions of the council.

Appeals

Appeal Board 13(1) The Insurance Councils Appeal Board is established.



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(2) The Appeal Board consists of the following 15 members:

(a) 3 individuals appointed by the Minister who are resident in Alberta and who do not hold a certificate of authority nor are employed by an insurer or by a person who holds a certificate of authority;

(b) 4 individuals elected in accordance with this Regulation who are resident in Alberta, are engaged in the general insurance business and hold insurance agents’ certificates of authority to act as general insurance agents;

(c) repealed AR 104/2006 s5;

(d) 4 individuals elected in accordance with this Regulation who are resident in Alberta, are not employed by an insurer, are engaged in the life insurance business and hold insurance agents’ certificates of authority to act as life insurance agents;

(e) 4 individuals elected in accordance with this Regulation who are resident in Alberta, are engaged in the insurance business and hold adjusters’ certificates of authority.

(2.1) Notwithstanding subsection (2), if all 3 individuals appointed by the Minister under subsection (2)(a) are not able for any reason to participate in a panel being selected to decide an appeal, the Minister may appoint an individual with the qualifications specified in subsection (2)(a) as a temporary member for a term coinciding with the duration of the appeal.

(3) The Minister must maintain a list of members of the Appeal Board.

AR 126/2001 s13;104/2006;148/2011

Becoming ineligible 14 If an individual who is a member of the Appeal Board no longer meets the conditions or eligibility requirements for that individual to be a member, the individual is no longer a member of the Appeal Board.

Term 15(1) The term of office of an appointed member of the Appeal Board is not to exceed 3 years.

(2) The term of office of an elected member of the Appeal Board is 3 years.



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(3) An individual may not serve more than 2 consecutive terms in office as a member of the Appeal Board.

(4) An individual who serves 2 consecutive terms must wait 3 years before the individual is eligible to be a member of the Appeal Board.

(5) Subsections (3) and (4) do not apply to an individual appointed to the Appeal Board under section 13(2)(a).

AR 126/2001 s15;104/2006

Notice of appeal 16(1) A person who is adversely affected by a decision of a council may appeal the decision by submitting a notice of appeal to the Superintendent within 30 days after the council has mailed the written notice of the decision to the person.

(2) The notice of appeal must contain the following:

(a) a copy of the written notice of the decision being appealed;

(b) a description of the relief requested by the appellant;

(c) the signature of the appellant or the appellant’s lawyer;

(d) an address for service in Alberta for the appellant;

(e) an appeal fee of $200 payable to the President of Treasury Board and Minister of Finance.

(3) The Superintendent must provide a copy of the notice of appeal to the council whose decision is being appealed when a notice of appeal has been submitted.

(4) If the appeal involves a suspension or revocation of a certificate of authority or a levy of a penalty, the council’s decision is suspended until after the disposition of the appeal by a panel of the Appeal Board.

AR 126/2001 s16;27/2002;104/2006;68/2008;31/2012;62/2013

Panels 17(1) The Superintendent must, within 30 days of receiving a notice of appeal, select members of the Appeal Board to form a panel that will decide the appeal.

(2) A panel consists of one individual selected from the appointed members of the Appeal Board and 2 individuals selected from the elected members of the Appeal Board.



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(3) The individual selected from the appointed members is the chair of the panel.

(4) No member of the Appeal Board who has an interest in the subject-matter raised in a notice of appeal, whether directly or because of the member’s position, affiliation or involvement in or with an organization, firm or business, may participate in the panel that will decide the appeal.

AR 126/2001 s17;104/2006

Remuneration, fees and expenses 18(1) The remuneration, fees and expenses payable to panel members are in accordance with Schedule 1, Part A of the Committee Remuneration Order.

(2) The Alberta Insurance Council must pay to panel members the remuneration, fees and expenses referred to in subsection (1).

AR 126/2001 s18;104/2006

Hearing and notice of hearing 19(1) The panel must fix a date for a hearing of the appeal, which date must be not more than 30 days after the last member of the panel is selected.

(2) The time period for the date of the hearing may be extended

(a) by the Superintendent on the request of the panel, or

(b) by the panel on the request of the appellant or the council whose decision is being appealed.

(3) The panel must give written notice of the date of the hearing to the appellant and to the council whose decision is being appealed.

(4) The written notice must contain

(a) the date, time and place of the hearing, and

(b) the mailing address of the panel. AR 126/2001 s19;104/2006

Evidence - council’s decision 20 The council whose decision is being appealed must file with the panel and serve on the appellant

(a) the evidence submitted to the council or that the council obtained for the purposes of making its decision,



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(b) all other papers and documents in the possession of the council relating to the decision, and

(c) a document from the council certifying that all the material referred to in clauses (a) and (b) is being filed.

Written submissions 21(1) If a written submission is made to the panel by the appellant or the council whose decision is being appealed, the submission must be filed with the panel and served on the other party at least 7 days before the date of the hearing.

(2) A written submission must contain the following:

(a) a summary of the facts and evidence to be relied on by the party;

(b) a list of any witnesses to be called by the party;

(c) the name, address and telephone number of any lawyer acting on behalf of the party.

(3) The written submission must be signed by the party or the lawyer of the party.

(4) A panel may allow a party to introduce evidence or call witnesses at a hearing even though the party did not comply with this section and, if the panel allows the introduction of evidence or the calling of witnesses, the panel must provide the other party with an opportunity to review and to respond to the evidence, including the evidence of the witnesses.

Procedural fairness 22(1) Every panel is subject to the principles of procedural fairness.

(2) A panel is not bound by the rules of evidence applicable to courts of civil or criminal jurisdiction.

(3) A panel is confined in making its decision to the submissions and evidence submitted to it.

Panel orders 23(1) A panel may by order confirm, reverse or vary the decision of the council being appealed or make any decision that the council had the authority to make in the first instance.



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(2) If the panel makes an order under subsection (1) varying the levy of a penalty or levying a penalty, the amount of the penalty must be within the range of penalties specified in section 13 of the Certificate Expiry, Penalties and Fees Regulation (AR 125/2001).

AR 126/2001 s23;104/2006;148/2011

Disposition of appeal fee 24 In determining an appeal, the panel shall determine the disposal of the appeal fee to one or both of the parties to the appeal taking into consideration

(a) the results of the appeal, and

(b) the conduct of the parties. AR 126/2001 s24;198/2009

Requirements for order 25(1) The order of the panel must be in writing, be signed by the chair and contain the following:

(a) a summary of the evidence;

(b) a statement of the issues to be decided;

(c) the reasons for the decision, including any dissent.

(2) The panel must mail copies of its order to the appellant, to the council whose decision was appealed and to the Superintendent.

Appeal to Court 26(1) The person whose appeal was heard by the panel or the council whose decision was appealed to the panel may appeal the order of the panel to the Court of Queen’s Bench by filing in that Court an application within 30 days after the panel has mailed the order to the person and the council.

(2) The appeal may only be based on a question of law or jurisdiction.

(3) The application must be served on the other party to the appeal, the panel and the Superintendent.

(4) The panel’s order remains in effect during an appeal to the Court of Queen’s Bench, unless that Court orders otherwise.

(5) Except for an appeal under this section, no order of a panel may be questioned, reviewed, restrained or removed by prohibition, injunction, certiorari or any other process or proceeding in a court.

AR 126/2001 s26;164/2010



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Evidence 27(1) The panel whose order is being appealed must file with the Court of Queen’s Bench

(a) the evidence submitted to the panel for the purposes of making its order,

(b) all other papers and documents in the possession of the panel relating to the order, and

(c) a document from the panel certifying that all the material referred to in clauses (a) and (b) is being filed.

(2) The panel must serve the document referred to in subsection (1)(c) on the parties to the appeal, but the panel is not required to serve the material referred to in subsection (1)(a) and (b) on the parties.

(3) The Court of Queen’s Bench is confined in making its order to the evidence submitted to the panel, unless the Court allows new evidence to be admitted.

Court orders 28 The Court of Queen’s Bench may

(a) make any order that the panel may make or refer the matter back to the panel, and

(b) make any order that it considers appropriate respecting the appeal fee referred to in section 24.

General Provisions and Elections

Eligibility for candidates 29 An individual is not eligible to be a member of a council or the Appeal Board if

(a) the individual has ever been convicted of an offence under the Insurance Act,

(b) the individual’s certificate of authority has ever been suspended or revoked,

(c) a penalty under section 480 of the Act has ever been levied against the individual in respect of a matter referred to in section 480(1)(a) of the Act,

(c.1) a penalty under section 480 of the Act has been levied against the individual in the preceding 5 years in respect



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of a matter referred to in section 480(1)(b), (c), (d) or (e) of the Act,

(d) the individual is a represented adult as defined in the Adult Guardianship and Trusteeship Act or is the subject of a certificate of incapacity under that Act,

(e) the individual is a formal patient as defined in the Mental Health Act,

(f) the individual has been found to be a person of unsound mind by a court elsewhere than in Alberta, or

(g) the individual does not meet an eligibility criterion that has been established by the Alberta Insurance Council and approved by the Minister.

AR 126/2001 s29;104/2006;148/2011

Nominations 30(1) An individual is nominated as a candidate in an election if the individual is nominated by at least 5 people who are eligible to vote in the election of the candidate.

(2) No individual may be nominated to be a candidate for membership on more than one council at the same time or to be a candidate for membership on a council and the Appeal Board at the same time.

(3) No individual may be nominated to be a candidate for membership on a council if the individual is a member of another council or the Appeal Board.

(4) No individual may be nominated to be a candidate for membership on the Appeal Board if the individual is a member of a council.

Voter eligibility - council elections 31(1) An individual is eligible to vote in an election for members to the Life Insurance Council if the individual, when the ballot is sent by mail or electronic means to the individual,

(a) is engaged in the life insurance business, and

(b) holds a certificate of authority to act as a life insurance agent.

(2) An individual is eligible to vote in an election for members to the General Insurance Council if the individual, when the ballot is sent by mail or electronic means to the individual,



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(a) is not employed by an insurer,

(b) is engaged in the general insurance business,

(c) is not restricted by contract or otherwise from acting as agent for more than one insurer, and

(d) holds a certificate of authority to act as a general insurance agent.

(3) An individual is eligible to vote in an election for members to the Insurance Adjusters’ Council if the individual, when the ballot is sent by mail or electronic means to the individual,

(a) is engaged in the general insurance business, and

(b) holds an adjuster’s certificate of authority. AR 126/2001 s31;148/2011

Voter eligibility - Appeal Board elections 32(1) An individual is eligible to vote in an election for a member of the Appeal Board if the individual meets the requirements under section 13(2) to be a candidate for that election when the ballot is sent by mail or electronic means to the individual.

(2) Despite subsection (1), an individual who is not a resident of Alberta is eligible if the individual meets all of the other requirements under section 13(2).

AR 126/2001 s32;148/2011

Election process 33(1) The Alberta Insurance Council is responsible for conducting an election under this Regulation.

(2) An election and request for nominations must be advertised.

(3) Nominations must be received by the Council by a date specified by the Council and that date must be at least 30 days after the advertisement is published.

(3.1) An advertisement includes an advertisement on the Council’s website.

(4) Elections are to be by a vote sent by mail or electronic means and ballots must be returned by voters by a date that the Council specifies.

(5) The Council must



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(a) declare the winners of the election within 5 days, excluding Saturdays and holidays, after the date that all ballots are to be returned by voters, and

(b) notify the Minister of each declaration.

(6) An elected member’s term commences when the Council declares the member to be elected.

(7) The Council may make rules respecting elections under this Regulation.

(8) The rules and any amendments to them do not come into force unless they have been approved by the Minister.

AR 126/2001 s33;148/2011

Alternate elected members 34(1) In this section,

(a) “former member” means an elected member of a council or the Appeal Board who ceases to be a member for a reason other than the expiration of the member’s term;

(b) “runner up” means a candidate in an election who did not receive enough votes to be declared elected;

(c) “vacancy” means a vacancy in a council or the Appeal Board created by a former member.

(2) When a vacancy occurs in a council or the Appeal Board, the Alberta Insurance Council must declare elected the runner up having the highest number of votes in the most recent election held for the category of the former member who created the vacancy if the runner up

(a) wishes to fill the vacancy, and

(b) still meets the eligibility requirements to be a candidate.

(3) When a vacancy occurs in a council or the Appeal Board and the runner up referred to in subsection (2) does not wish to fill the vacancy or no longer meets the eligibility requirements to be a candidate or when a vacancy occurs and there are no runners up in the most recent election held for the category of the former member who created the vacancy, the Alberta Insurance Council may

(a) conduct an election to fill the vacancy,

(b) declare, from any remaining runners up in the most recent election held for the category of the former member, the runner up with the highest number of votes who wishes to



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fill the vacancy and still meets the eligibility requirements to be a candidate to be elected, or

(c) if there is still a quorum in the council or Appeal Board, choose not to fill the vacancy.

(4) If the Alberta Insurance Council declares a runner up to be elected under this section to fill a vacancy, the term of the runner up is the remainder of the former member’s term.

(5) If, as a result of conducting an election under this section to fill a vacancy, the Alberta Insurance Council declares an individual to be elected and the declaration occurs with more than 187 days remaining in the term of the former member, the term of the individual is the remainder of the former member’s term.

(6) If, as a result of conducting an election under this section to fill a vacancy, the Alberta Insurance Council declares an individual to be elected and the declaration occurs with 187 days or fewer remaining in the term of the former member, the term of the individual is the remainder of the former member’s term plus 3 years.

(7) The term of the runner up or individual referred to in subsection (4), (5) or (6) is deemed to be one full term for the purposes of sections 8 and 15.

(8) Despite anything in this section, the Alberta Insurance Council is not required to fill a vacancy in a council or the Appeal Board if there are 60 days or fewer remaining in the term of the former member when the vacancy occurs.

Transitional Provisions, Repeals, Expiry and Coming into Force

35 Repealed AR 104/2006 s13.

Repeal 36 The Insurance Councils Regulation (AR 323/88) is repealed.

Expiry 37 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, 2026.

AR 126/2001 s37;104/2006;39/2016;45/2018;177/2020



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Coming into force 38 This Regulation comes into force on the coming into force of any section of the Insurance Act.

AR 126/2001 s38;104/2006

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