D-9.2, r. 10 - Regulation respecting the pursuit of activities as a representative

Section 5.2 Disposition versions

2023-12-02

5.2. Despite section 5.1, a representative in insurance of persons or financial planner may not offer financial products and services to:

(1)  any natural person with whom the representative or financial planner has a relationship arising from an outside activity that, due to its nature or the training or specialized knowledge it requires, places the representative in a position of influence;

(2)  a person who the representative knows is the spouse of the natural person referred to in subparagraph 1, such natural person’s child, the spouse’s child, the natural person’s mother, father, brother or sister, the spouse of the natural person’s father or mother, the father or mother of the natural person’s spouse or the spouse of the natural person’s child.

For the purposes of the first paragraph, a representative in insurance of persons is considered to be in a position of influence when he has a relationship with a person referred to in that paragraph that arises from an outside activity as a member of the Ordre des comptables professionnels agréés, to the extent that pursuing that activity requires him to hold a public accountancy permit. Moreover, a representative in insurance of persons or a financial planner is considered to be in a position of influence when he has a relationship with a person referred to in that paragraph that arises from the outside activity of:

(1)  judge or police officer;

(2)  minister of religion or leader in a religious organization;

(3)  member of the Ordre professionnel des avocats du Québec or the Ordre professionnel des notaires du Québec, except with respect to the activities of a financial planner;

(4)  member of the Ordre professionnel des infirmières et infirmiers du Québec or the Ordre professionnel des médecins du Québec;

(5)  teacher in an educational institution at the secondary, college or university level;

(6)  funeral director or any other similar duties in the funeral services industry, except with respect to the activities of a financial planner;

(7)  immigration and citizenship consultant;

(8)  bankruptcy trustee;

(9)  management of a union, other than a union formed of representatives, or management of a professional association, or employee of any such organization; or

(10)  real estate broker.

M.O. 2023-07, s. 2.

Not in force

In force: 2023-12-02

5.2. Despite section 5.1, a representative in insurance of persons or financial planner may not offer financial products and services to:

(1)  any natural person with whom the representative or financial planner has a relationship arising from an outside activity that, due to its nature or the training or specialized knowledge it requires, places the representative in a position of influence;

(2)  a person who the representative knows is the spouse of the natural person referred to in subparagraph 1, such natural person’s child, the spouse’s child, the natural person’s mother, father, brother or sister, the spouse of the natural person’s father or mother, the father or mother of the natural person’s spouse or the spouse of the natural person’s child.

For the purposes of the first paragraph, a representative in insurance of persons is considered to be in a position of influence when he has a relationship with a person referred to in that paragraph that arises from an outside activity as a member of the Ordre des comptables professionnels agréés, to the extent that pursuing that activity requires him to hold a public accountancy permit. Moreover, a representative in insurance of persons or a financial planner is considered to be in a position of influence when he has a relationship with a person referred to in that paragraph that arises from the outside activity of:

(1)  judge or police officer;

(2)  minister of religion or leader in a religious organization;

(3)  member of the Ordre professionnel des avocats du Québec or the Ordre professionnel des notaires du Québec, except with respect to the activities of a financial planner;

(4)  member of the Ordre professionnel des infirmières et infirmiers du Québec or the Ordre professionnel des médecins du Québec;

(5)  teacher in an educational institution at the secondary, college or university level;

(6)  funeral director or any other similar duties in the funeral services industry, except with respect to the activities of a financial planner;

(7)  immigration and citizenship consultant;

(8)  bankruptcy trustee;

(9)  management of a union, other than a union formed of representatives, or management of a professional association, or employee of any such organization; or

(10)  real estate broker.

M.O. 2023-07, s. 2.