Insurance Enforcement and Administration Regulation (Alta. Reg. 101/2022)

Alta. Reg. 101/2022

Alberta — Regulations

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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 158/2025) ALBERTA REGULATION 101/2022 Captive Insurance Companies Act Insurance Act INSURANCE ENFORCEMENT AND ADMINISTRATION REGULATION Table of Contents 1 Prescribed provisions 2 Notice of administrative penalty 3 Amount of penalty 4 Interest 5, 6 Designation of compe nsation association 7 Non-application to captive in surance company policies 8 Repeal 9 E x p i r y 10 Coming into force

Schedule Prescribed provisions 1(1) Subject to subsection (2), the Minister may give a notice of administrative penalty under (

a) section 789 of the Insurance Act in respect of (

i) a provision of that A ct if that Act makes the contravention of that provision an offence, or (ii) any of the provisions of the regulations that are listed as items 1 and 3 to 7 in the

Schedule to this Regulation, o r (

b) section 57 of the Captive Insurance Companies Act in respect of (

i) a provision of that A ct if that Act makes the contravention of that provision an offence, or (ii) any of the provisions of the regulation listed as item 2 in the

Schedule to this Regulation.

Section 2 AR 101/2022 INSURANCE ENFORCEMENT AND ADMINISTRATION REGULATION 2

(2) The Minister shall not give a notice of administrative penalty under

section 789 of the Insurance Act to a holder or former holder of a certificate of authority under that Act in respect of any act or omission if the Minister also has a remedy against the holder or former holder under

section 480 of that Act in respect of that act or omission. Notice of administrative penalty 2 A notice of administrative penalty must contain the following information: (

a) the name of the person required to pay the administrative penalty; (

b) particulars of the contravention; (

c) the amount of the administrative penalty and the time by which it must be paid. Amount of penalty 3 The amount of an administrative penalty shall be determined by the Minister, who shall take into account the following factors: (

a) the seriousness of the contravention; (

b) the importance of the regulatory scheme of compliance with the provision; (

c) the degree of wilful ness or negligence in the contravention; (

d) whether or not there was any mitigation relating to the contravention; (

e) whether or not steps have been taken to prevent reoccurrence of the contravention; (

f) whether or not the perso n who receives the notice of administrative penalty has a history of non-compliance; (

g) whether or not the perso n who receives the notice of administrative penalty has derived any economic benefit from the contravention; (

h) any other factors that, in the opinion of the Minister, ar e relevant.

Section 4 AR 101/2022 INSURANCE ENFORCEMENT AND ADMINISTRATION REGULATION 3 Interest 4(1) If an administrative penalty is not paid by the date specified in the notice, the person to whom the notice was given is liable for the payment of interest on the unpaid amount at the rate of 12% per year, running from the due date until the administrative penalty is fully paid.

(2) An unpaid administrative penalty together with unpaid interest constitutes a debt owing to the Crown and may be recovered in an action in debt. Designation of compensation association 5 The Property and Casualty Insurance Compensation Corporation is designated as a compensation association for the following classes of insurance: (

a) accident and sickness insu rance in respect of policies issued by a property and casualty company that is also licensed to offer other classes of insurance; (

b) automobile insurance; (

c) boiler and machinery insurance; (

d) credit protection insurance in respect of policies issued by a property and casualty company; (

e) legal expense insurance; (

f) liability insurance; (

g) other approved products insurance; (

h) product warranty insurance; (

i) property insurance, but those classes do not include crop insurance, directors’ and officers’ insurance or errors and omissions insurance. Designation of compensation association 6 Assuris is designated as a compensation association for the following classes of insurance: (

a) life insurance in respect of policies of that class issued by a life company other than a mutual benefit society or a fraternal society;

Section 7 AR 101/2022 INSURANCE ENFORCEMENT AND ADMINISTRATION REGULATION 4 (

b) accident and sickness insu rance in respect of policies issued by a life company or by a property and casualty insurer licensed to offer accident and sickness insurance only; (

c) credit protection insurance in respect of policies issued by a life company. Non-application to captive insurance company policies 7 For greater certainty, sections 5 and 6 do not apply in respect of policies issued by a captive insurance company. Repeal 8 The Enforcement and Administration Regulation (AR 129/2001) is repealed. Expiry 9 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 January 31, 2027. Coming into force 10 This Regulation comes into force on the coming into force of

section 82 of the Captive Insurance Companies Act.

Schedule Regulatory Provisions in Respect of Which an Administrative Penalty is Payable 1 Automobile Insurance Premiums Regulation (AR 117/2014) — sections 2(1), 4(1), 5(1), 5.1, 6, 8, 9.2, 11(1) and 12. 2 Captive Insurance Companies Regulation (AR 100/2022) — sections 8(1), (2), (4), (5) and (6) and 10(3), (4), (5) and (6). 3 Fair Practices Regulation (AR 128/2001) — sections 2, 3 and 5(3).

Schedule AR 101/2022 INSURANCE ENFORCEMENT AND ADMINISTRATION REGULATION 5 4 Home Warranty Insurance Regulation (AR 225/2013) —

section 4. 5 Insurance Agents and Adjusters Regulation (AR 122/2001) — sections 15(3), 18(2) and 28. 6 Provincial Companies Regulation (AR 124/2001) — sections 2, 3, 4(1) and (3), 5, 6(1), 7(1) and 14(2) and (3) . 7 Replacement of Life Insurance Contracts Regulation (AR 127/2001) — sections 2, 8 and 10. AR 101/2022 Sched;150/2023;158/2025

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Document details

Collection	Alberta — Regulations
Citation	Alta. Reg. 101/2022
Type	regulation
Volume / chapter	2022 101
Language	en
Format	pdf
Source	PROVINCIAL
Identifier	fc222ca8264a680a6fedfdad3c3294f18cb84b4e

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