D-9.2 - Act respecting the distribution of financial products and services

Section 290 Disposition versions

2021-12-08

290. The board members of a Chamber who qualify as independent members shall be appointed by the Minister, after consulting the board.

Board members qualify as independent members if they have no direct or indirect relations or interests, for example of a financial, commercial, professional or philanthropic nature, that are likely to interfere with the quality of their decisions as regards the interests of the Chamber.

A director is deemed not to be independent if the director

(1)  on the date of the director’s appointment or in the three years preceding that date,

(a)  is or was a personnel member of, or holds or held a position at, the Ministère des Finances or the Autorité des marchés financiers;

(b)  is or was in the employ, a member or elected as director of that Chamber; or

(c)  works or worked in the industry in which the representatives who are members of the Chamber pursue their activities; or

(2)  has an immediate family member who is a senior officer of the Chamber.

For the purposes of subparagraph 2 of the third paragraph, “immediate family member” means a person’s spouse or child, the spouse’s child, the person’s father, mother, brother or sister, the spouse of the person’s father or mother, the father or mother of the person’s spouse or the spouse of the person’s child.

The board shall send the Minister any document required by the Minister for the purpose of appointing an independent member, including an expertise and experience profile approved by the board.

1998, c. 37, s. 290; 2004, c. 37, s. 66; 2011, c. 26, s. 25; 2013, c. 18, s. 54; 2021, c. 34, s. 73.

2013-06-14

290. The board members of a Chamber who qualify as independent members shall be appointed by the Minister, on a recommendation of the board.

The situations that the board must examine in order to determine whether a board member qualifies as an independent member shall be specified in the Chamber’s internal management by-law.

The board shall send the Minister any document required by the Minister for the purpose of appointing an independent member.

1998, c. 37, s. 290; 2004, c. 37, s. 66; 2011, c. 26, s. 25; 2013, c. 18, s. 54.

2011-11-30

290. The members of the board of the Chambre de l’assurance de dommages who are from the industry shall be elected, according to the procedure set out in the Chamber’s internal management by-law, by damage insurance agents, damage insurance brokers and claims adjusters.

The board members who qualify as independent members shall be appointed by the Minister, on a recommendation of the board.

The situations that the board must examine in order to determine whether a board member qualifies as an independent member shall be specified in the Chamber’s internal management by-law.

The board shall send the Minister any document required by the Minister for the purpose of appointing an independent member.

1998, c. 37, s. 290; 2004, c. 37, s. 66; 2011, c. 26, s. 25.

2004-12-17

290. The members of the board of the Chambre de l’assurance de dommages, except those appointed by the Minister, shall be elected by damage insurance agents, damage insurance brokers and claims adjusters.

Eleven members shall be elected to the board by the damage insurance agents, damage insurance brokers and claims adjusters in the employ of an insurer and the claims adjusters not in the employ of an insurer, in proportion to the number of representatives in each group and in accordance with the procedure determined by the internal management by-law of the Chamber.

1998, c. 37, s. 290; 2004, c. 37, s. 66.

1999-10-01

290. The members of the board of the Chambre de l’assurance de dommages, except those appointed by the Minister, shall be elected by damage insurance agents, damage insurance brokers and claims adjusters.

Two members of the board shall be elected by damage insurance agents, five members by damage insurance brokers, and two members by claims adjusters, from among their number.

1998, c. 37, s. 290.