A-32 - Act respecting insurance

Section 406 Disposition versions

2004-12-17

406. Every person is guilty of an offence who:

(a)  acts as an insurer without being able to prove that he holds a licence;

(b)  makes a false declaration in an application for a licence;

(c)  knowingly gives the Authority or a member of its personnel incorrect information;

(d)  represents that he holds a licence which he does not have;

(e)  hinders or attempts to hinder any person performing functions which this Act or the regulations oblige or authorize him to perform;

(f)  communicates any information in contravention of this Act;

(g)  publishes or files with the Authority a statement or report that he knows to be false or makes in a book or register an entry that he knows to be false or refuses or neglects to make an entry which he is bound to make under this Act;

(h)  refuses or neglects to file with the Authority a statement or report he is bound to file under this Act;

(i)  (paragraph repealed);

(j)  (paragraph repealed);

(k)  (paragraph repealed);

(l)  (paragraph repealed);

(m)  (paragraph repealed);

(n)  (paragraph repealed);

(o)  (paragraph repealed);

(p)  otherwise contravenes this Act or the regulations;

(q)  being a director, authorizes the repayment of common shares or the redemption or repayment of preferred shares in contravention of sections 93.46 and 93.53;

(r)  being an insurer, contravenes section 43 or 275.4;

(s)  contravenes the first paragraph of section 50.1 or section 52.1;

(t)  being a director or officer, communicates information in contravention of the regulations or of the rules adopted by the ethics committee;

(u)  fails to comply with an order of the Authority given under this Act;

(v)  contravenes the provisions of Chapter III.1 of Title IV.

1974, c. 70, s. 406; 1977, c. 5, s. 14; 1982, c. 52, s. 74, s. 78; 1985, c. 17, s. 46; 1990, c. 86, s. 48; 1989, c. 48, s. 244; 2002, c. 70, s. 149; 2002, c. 45, s. 243; 2004, c. 37, s. 90.

2004-02-01

406. Every person is guilty of an offence who:

(a)  acts as an insurer without being able to prove that he holds a licence;

(b)  makes a false declaration in an application for a licence;

(c)  knowingly gives the Agency or a member of its personnel incorrect information;

(d)  represents that he holds a licence which he does not have;

(e)  hinders or attempts to hinder any person performing functions which this Act or the regulations oblige or authorize him to perform;

(f)  communicates any information in contravention of this Act;

(g)  publishes or files with the Agency a statement or report that he knows to be false or makes in a book or register an entry that he knows to be false or refuses or neglects to make an entry which he is bound to make under this Act;

(h)  refuses or neglects to file with the Agency a statement or report he is bound to file under this Act;

(i)  (paragraph repealed);

(j)  (paragraph repealed);

(k)  (paragraph repealed);

(l)  (paragraph repealed);

(m)  (paragraph repealed);

(n)  (paragraph repealed);

(o)  (paragraph repealed);

(p)  otherwise contravenes this Act or the regulations;

(q)  being a director, authorizes the repayment of common shares or the redemption or repayment of preferred shares in contravention of sections 93.46 and 93.53;

(r)  being an insurer, contravenes section 43 or 275.4;

(s)  contravenes the first paragraph of section 50.1 or section 52.1;

(t)  being a director or officer, communicates information in contravention of the regulations or of the rules adopted by the ethics committee;

(u)  fails to comply with an order of the Agency given under this Act;

(v)  contravenes the provisions of Chapter III.1 of Title IV.

1974, c. 70, s. 406; 1977, c. 5, s. 14; 1982, c. 52, s. 74, s. 78; 1985, c. 17, s. 46; 1990, c. 86, s. 48; 1989, c. 48, s. 244; 2002, c. 70, s. 149; 2002, c. 45, s. 243.

2003-02-12

406. Every person is guilty of an offence who:

(a)  acts as an insurer without being able to prove that he holds a licence;

(b)  makes a false declaration in an application for a licence;

(c)  knowingly gives the Inspector General or a member of his personnel incorrect information;

(d)  represents that he holds a licence which he does not have;

(e)  hinders or attempts to hinder any person performing functions which this Act or the regulations oblige or authorize him to perform;

(f)  communicates any information in contravention of this Act;

(g)  publishes or files with the Inspector General a statement or report that he knows to be false or makes in a book or register an entry that he knows to be false or refuses or neglects to make an entry which he is bound to make under this Act;

(h)  refuses or neglects to file with the Inspector General a statement or report he is bound to file under this Act;

(i)  (paragraph repealed);

(j)  (paragraph repealed);

(k)  (paragraph repealed);

(l)  (paragraph repealed);

(m)  (paragraph repealed);

(n)  (paragraph repealed);

(o)  (paragraph repealed);

(p)  otherwise contravenes this Act or the regulations;

(q)  being a director, authorizes the repayment of common shares or the redemption or repayment of preferred shares in contravention of sections 93.46 and 93.53;

(r)  being an insurer, contravenes section 43 or 275.4;

(s)  contravenes the first paragraph of section 50.1 or section 52.1;

(t)  being a director or officer, communicates information in contravention of the regulations or of the rules adopted by the ethics committee;

(u)  fails to comply with an order of the Inspector General given under this Act;

(v)  contravenes the provisions of Chapter III.1 of Title IV.

1974, c. 70, s. 406; 1977, c. 5, s. 14; 1982, c. 52, s. 74, s. 78; 1985, c. 17, s. 46; 1990, c. 86, s. 48; 1989, c. 48, s. 244; 2002, c. 70, s. 149.

1991-09-01

406. Every person is guilty of an offence who:

(a)  acts as an insurer without being able to prove that he holds a licence;

(b)  makes a false declaration in an application for a licence;

(c)  knowingly gives the Inspector General or a member of his personnel incorrect information;

(d)  represents that he holds a licence which he does not have;

(e)  hinders or attempts to hinder any person performing functions which this Act or the regulations oblige or authorize him to perform;

(f)  communicates any information in contravention of this Act;

(g)  publishes or files with the Inspector General a statement or report that he knows to be false or makes in a book or register an entry that he knows to be false or refuses or neglects to make an entry which he is bound to make under this Act;

(h)  refuses or neglects to file with the Inspector General a statement or report he is bound to file under this Act;

(i)  (paragraph repealed);

(j)  (paragraph repealed);

(k)  (paragraph repealed);

(l)  (paragraph repealed);

(m)  (paragraph repealed);

(n)  (paragraph repealed);

(o)  (paragraph repealed);

(p)  otherwise contravenes this Act or the regulations;

(q)  being a director, authorizes the repayment of common shares or the redemption or repayment of preferred shares in contravention of sections 93.46 and 93.53;

(r)  being an insurer, contravenes section 43, 44 or 275.4;

(s)  contravenes the first paragraph of section 50.1 or section 52.1;

(t)  being a director or officer, communicates information in contravention of the regulations or of the rules adopted by the ethics committee;

(u)  fails to comply with an order of the Inspector General given under this Act;

(v)  contravenes the provisions of Chapter III.1 of Title IV.

1974, c. 70, s. 406; 1977, c. 5, s. 14; 1982, c. 52, s. 74, s. 78; 1985, c. 17, s. 46; 1990, c. 86, s. 48; 1989, c. 48, s. 244.

1991-03-15

406. Every person is guilty of an offence who:

(a)  acts as an insurer, insurance agent or claims adjuster without being able to prove that he holds a licence or certificate to that effect;

(b)  makes a false declaration in an application for a licence or certificate;

(c)  knowingly gives the Inspector General or a member of his personnel incorrect information;

(d)  represents that he holds a licence or certificate which he does not have;

(e)  hinders or attempts to hinder any person performing functions which this act or the regulations oblige or authorize him to perform;

(f)  communicates any information in contravention of this act;

(g)  publishes or files with the Inspector General a statement or report that he knows to be false or makes in a book or register an entry that he knows to be false or refuses or neglects to make an entry which he is bound to make under this act;

(h)  refuses or neglects to file with the Inspector General a statement or report he is bound to file under this act;

(i)  being an insurance agent or claims adjuster, directly or indirectly pays or promises to pay remuneration to a person who does not hold a certificate in order that the latter act as an insurance agent or claims adjuster, as the case may be, or assume the title thereof;

(j)  being an insurance agent or claims adjuster, has remuneration directly or indirectly promised or paid to him to act as such, by a person who, without holding the required certificate, acts or attempts to act as insurance agent or claims adjuster;

(k)  being an insurance agent or claims adjuster, employs, to act in either capacity, a person who does not hold a certificate or pays, offers or promises remuneration to him;

(l)  being an insurance agent or claims adjuster, has remuneration promised or paid to him by a person other than the one who has retained his services;

(m)  being an insurance agent or claims adjuster, shares, offers or promises to share his remuneration with another person who does not hold the required certificate;

(n)  being an insurance agent or claims adjuster, pays or promises to pay remuneration so that his services may be retained;

(o)  being an insurance agent, induces a person to insure property for an amount greater than its real value for the sole purpose of obtaining a greater commission;

(p)  otherwise contravenes this Act or the regulations;

(q)  being a director, authorizes the repayment of common shares or the redemption or repayment of preferred shares in contravention of sections 93.46 and 93.53;

(r)  being an insurer, contravenes section 43, 44 or 275.4;

(s)  contravenes the first paragraph of section 50.1 or section 52.1;

(t)  being a director or officer, communicates information in contravention of the regulations or of the rules adopted by the ethics committee;

(u)  fails to comply with an order of the Inspector General given under this Act;

(v)  contravenes the provisions of Chapter III.1 of Title IV.

1974, c. 70, s. 406; 1977, c. 5, s. 14; 1982, c. 52, s. 74, s. 78; 1985, c. 17, s. 46; 1990, c. 86, s. 48.

1985-09-11

406. Every person is guilty of an offence who:

(a)  acts as an insurer, insurance agent or claims adjuster without being able to prove that he holds a licence or certificate to that effect;

(b)  makes a false declaration in an application for a licence or certificate;

(c)  knowingly gives the Inspector General or a member of his personnel incorrect information;

(d)  represents that he holds a licence or certificate which he does not have;

(e)  hinders or attempts to hinder any person performing functions which this act or the regulations oblige or authorize him to perform;

(f)  communicates any information in contravention of this act;

(g)  publishes or files with the Inspector General a statement or report that he knows to be false or makes in a book or register an entry that he knows to be false or refuses or neglects to make an entry which he is bound to make under this act;

(h)  refuses or neglects to file with the Inspector General a statement or report he is bound to file under this act;

(i)  being an insurance agent or claims adjuster, directly or indirectly pays or promises to pay remuneration to a person who does not hold a certificate in order that the latter act as an insurance agent or claims adjuster, as the case may be, or assume the title thereof;

(j)  being an insurance agent or claims adjuster, has remuneration directly or indirectly promised or paid to him to act as such, by a person who, without holding the required certificate, acts or attempts to act as insurance agent or claims adjuster;

(k)  being an insurance agent or claims adjuster, employs, to act in either capacity, a person who does not hold a certificate or pays, offers or promises remuneration to him;

(l)  being an insurance agent or claims adjuster, has remuneration promised or paid to him by a person other than the one who has retained his services;

(m)  being an insurance agent or claims adjuster, shares, offers or promises to share his remuneration with another person who does not hold the required certificate;

(n)  being an insurance agent or claims adjuster, pays or promises to pay remuneration so that his services may be retained;

(o)  being an insurance agent, induces a person to insure property for an amount greater than its real value for the sole purpose of obtaining a greater commission;

(p)  otherwise contravenes this Act or the regulations;

(q)  being a director, authorizes the repayment of common shares or the redemption or repayment of preferred shares in contravention of sections 93.46 and 93.53.

1974, c. 70, s. 406; 1977, c. 5, s. 14; 1982, c. 52, s. 74, s. 78; 1985, c. 17, s. 46.

1983-04-01

406. Every person is guilty of an offence who:

(a)  acts as an insurer, insurance agent or claims adjuster without being able to prove that he holds a licence or certificate to that effect;

(b)  makes a false declaration in an application for a licence or certificate;

(c)  knowingly gives the Inspector General or a member of his personnel incorrect information;

(d)  represents that he holds a licence or certificate which he does not have;

(e)  hinders or attempts to hinder any person performing functions which this act or the regulations oblige or authorize him to perform;

(f)  communicates any information in contravention of this act;

(g)  publishes or files with the Inspector General a statement or report that he knows to be false or makes in a book or register an entry that he knows to be false or refuses or neglects to make an entry which he is bound to make under this act;

(h)  refuses or neglects to file with the Inspector General a statement or report he is bound to file under this act;

(i)  being an insurance agent or claims adjuster, directly or indirectly pays or promises to pay remuneration to a person who does not hold a certificate in order that the latter act as an insurance agent or claims adjuster, as the case may be, or assume the title thereof;

(j)  being an insurance agent or claims adjuster, has remuneration directly or indirectly promised or paid to him to act as such, by a person who, without holding the required certificate, acts or attempts to act as insurance agent or claims adjuster;

(k)  being an insurance agent or claims adjuster, employs, to act in either capacity, a person who does not hold a certificate or pays, offers or promises remuneration to him;

(l)  being an insurance agent or claims adjuster, has remuneration promised or paid to him by a person other than the one who has retained his services;

(m)  being an insurance agent or claims adjuster, shares, offers or promises to share his remuneration with another person who does not hold the required certificate;

(n)  being an insurance agent or claims adjuster, pays or promises to pay remuneration so that his services may be retained;

(o)  being an insurance agent, induces a person to insure property for an amount greater than its real value for the sole purpose of obtaining a greater commission;

(p)  otherwise contravenes this act or the regulations.

1974, c. 70, s. 406; 1977, c. 5, s. 14; 1982, c. 52, s. 74, s. 78.

1977-12-31

406. Every person is guilty of an offence who:

(a)  acts as an insurer, insurance agent or claims adjuster without being able to prove that he holds a licence or certificate to that effect;

(b)  makes a false declaration in an application for a licence or certificate;

(c)  knowingly gives the Superintendent or a functionary of his service incorrect information;

(d)  represents that he holds a licence or certificate which he does not have;

(e)  hinders or attempts to hinder any person performing functions which this act or the regulations oblige or authorize him to perform;

(f)  communicates any information in contravention of this act;

(g)  publishes or files with the Service des assurances a statement or report that he knows to be false or makes in a book or register an entry that he knows to be false or refuses or neglects to make an entry which he is bound to make under this act;

(h)  refuses or neglects to file with the Service des assurances a statement or report he is bound to file under this act;

(i)  being an insurance agent or claims adjuster, directly or indirectly pays or promises to pay remuneration to a person who does not hold a certificate in order that the latter act as an insurance agent or claims adjuster, as the case may be, or assume the title thereof;

(j)  being an insurance agent or claims adjuster, has remuneration directly or indirectly promised or paid to him to act as such, by a person who, without holding the required certificate, acts or attempts to act as insurance agent or claims adjuster;

(k)  being an insurance agent or claims adjuster, employs, to act in either capacity, a person who does not hold a certificate or pays, offers or promises remuneration to him;

(l)  being an insurance agent or claims adjuster, has remuneration promised or paid to him by a person other than the one who has retained his services;

(m)  being an insurance agent or claims adjuster, shares, offers or promises to share his remuneration with another person who does not hold the required certificate;

(n)  being an insurance agent or claims adjuster, pays or promises to pay remuneration so that his services may be retained;

(o)  being an insurance agent, induces a person to insure property for an amount greater than its real value for the sole purpose of obtaining a greater commission;

(p)  otherwise contravenes this act or the regulations.

1974, c. 70, s. 406; 1977, c. 5, s. 14.