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A-32 - Act respecting insurance

Section 325.1
Disposition versions

Full text
325.1. The Authority may order a legal person or partnership referred to in subparagraphs 1 to 8 of the first paragraph of section 325.0.1 to cease a course of action or to implement specified measures if the Authority is of the opinion that the legal person or partnership
(1)  is not adhering to sound and prudent management practices, in particular concerning any of the objects referred to in subparagraphs 1 to 3 of the first paragraph of section 325.0.2;
(1.1)  is not adhering to the commercial practices referred to in section 222.2;
(1.2)  is not complying with the requirements under section 285.29;
(2)  is not complying with a provision of this Act, a regulation, an order made pursuant to section 33.2.2 or 93.162 or a written instruction; or
(3)  is not complying with an undertaking under this Act.
The Authority may also order a legal person or a partnership controlled by an insurer to cease a course of action or to implement specified measures if the Authority is of the opinion that the legal person or partnership is not complying with a provision of this Act, a regulation or a written instruction or is not complying with an undertaking under this Act.
At least 15 days before issuing an order, the Authority shall notify the contravener as prescribed in section 5 of the Act respecting administrative justice (chapter J‐3), stating the grounds which appear to justify the order, the date on which the order is to take effect and the right of the contravener to present observations.
1990, c. 86, s. 46; 1996, c. 63, s. 82; 1997, c. 43, s. 80; 2002, c. 45, s. 237; 2002, c. 70, s. 139; 2004, c. 37, s. 90; 2008, c. 7, s. 41.
325.1. The Authority may order a legal person or partnership referred to in subparagraphs 1 to 8 of the first paragraph of section 325.0.1 to cease a course of action or to implement specified measures if the Authority is of the opinion that the legal person or partnership
(1)  is not adhering to sound and prudent management practices, in particular concerning any of the objects referred to in subparagraphs 1 to 4 of the first paragraph of section 325.0.2;
(2)  is not complying with a provision of this Act, a regulation, an order made pursuant to section 33.2.2 or 93.162 or a written instruction; or
(3)  is not complying with an undertaking under this Act.
The Authority may also order a legal person or a partnership controlled by an insurer to cease a course of action or to implement specified measures if the Authority is of the opinion that the legal person or partnership is not complying with a provision of this Act, a regulation or a written instruction or is not complying with an undertaking under this Act.
At least 15 days before issuing an order, the Authority shall notify the contravener as prescribed in section 5 of the Act respecting administrative justice (chapter J‐3), stating the grounds which appear to justify the order, the date on which the order is to take effect and the right of the contravener to present observations.
1990, c. 86, s. 46; 1996, c. 63, s. 82; 1997, c. 43, s. 80; 2002, c. 45, s. 237; 2002, c. 70, s. 139; 2004, c. 37, s. 90.
325.1. The Agency may order a legal person or partnership referred to in subparagraphs 1 to 8 of the first paragraph of section 325.0.1 to cease a course of action or to implement specified measures if the Agency is of the opinion that the legal person or partnership
(1)  is not adhering to sound and prudent management practices, in particular concerning any of the objects referred to in subparagraphs 1 to 4 of the first paragraph of section 325.0.2;
(2)  is not complying with a provision of this Act, a regulation, an order made pursuant to section 33.2.2 or 93.162 or a written instruction; or
(3)  is not complying with an undertaking under this Act.
The Agency may also order a legal person or a partnership controlled by an insurer to cease a course of action or to implement specified measures if the Agency is of the opinion that the legal person or partnership is not complying with a provision of this Act, a regulation or a written instruction or is not complying with an undertaking under this Act.
At least 15 days before issuing an order, the Agency shall notify the contravener as prescribed in section 5 of the Act respecting administrative justice (chapter J-3), stating the grounds which appear to justify the order, the date on which the order is to take effect and the right of the contravener to present observations.
1990, c. 86, s. 46; 1996, c. 63, s. 82; 1997, c. 43, s. 80; 2002, c. 45, s. 237; 2002, c. 70, s. 139.
325.1. Where, in the opinion of the Agency, an insurer, a director or officer, a federation of mutual insurance associations or a guarantee fund has failed to adhere to sound and prudent management practices, in particular those relating to commercial practices or contravenes this Act, the regulations or the rules of ethics, the Agency may order the person or body to cease such practices and to remedy the situation.
At least 15 days before issuing an order, the Agency shall notify the contravener as prescribed by section 5 of the Act respecting administrative justice (chapter J‐3), stating the grounds which appear to justify the order, the date on which the order is to take effect and the right of the contravener to present observations.
1990, c. 86, s. 46; 1996, c. 63, s. 82; 1997, c. 43, s. 80; 2002, c. 45, s. 237.
325.1. Where, in the opinion of the Inspector General, an insurer, a director or officer, a federation of mutual insurance associations or a guarantee fund does not adhere to sound financial practices or contravenes this Act, the regulations or the rules of ethics, he may order him or it to cease such practices and to remedy the situation.
At least 15 days before issuing an order, the Inspector General shall notify the contravener as prescribed by section 5 of the Act respecting administrative justice (chapter J-3), stating the grounds which appear to justify the order, the date on which the order is to take effect and the right of the contravener to present observations.
1990, c. 86, s. 46; 1996, c. 63, s. 82; 1997, c. 43, s. 80.
325.1. Where, in the opinion of the Inspector General, an insurer, a director or officer, a federation of mutual insurance associations or a guarantee fund does not adhere to sound financial practices or contravenes this Act, the regulations or the rules of ethics, he may order him or it to cease such practices and to remedy the situation.
Before issuing an order, the Inspector General shall serve on the contravener prior notice of at least 15 days stating the grounds which appear to justify the order, the date on which the order is to take effect and the right of the contravener to be heard.
1990, c. 86, s. 46; 1996, c. 63, s. 82.
325.1. Where, in the opinion of the Inspector General, an insurer, a director or officer, a federation of mutual insurance associations or a guarantee fund corporation does not adhere to sound financial practices or contravenes this Act, the regulations or the rules of ethics, he may order him or it to cease such practices and to remedy the situation.
Before issuing an order, the Inspector General shall serve on the contravener prior notice of at least 15 days stating the grounds which appear to justify the order, the date on which the order is to take effect and the right of the contravener to be heard.
1990, c. 86, s. 46.
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