Julie Maciura

The applicant, an insurance agent, filed a request for hearing with the Financial Services Tribunal five days after the 15-day statutory deadline to dispute a proposal to revoke his licence and impose an administrative penalty.

The respondent requested the matter be dismissed for lack of jurisdiction.

The Tribunal held that it had no independent authority to extend the statutory time limit without the consent of both parties under the Statutory Powers Procedure Act.

As the respondent did not consent, the Tribunal dismissed the request for hearing without a hearing.

The Applicant sought a hearing before the Financial Services Tribunal after the Superintendent of Financial Services proposed to refuse the renewal of his insurance agent licence.

The Superintendent alleged that the Applicant submitted five fraudulent continuing education certificates with his renewal application.

The Tribunal found that the Applicant had not completed the required 30 hours of continuing education and had purchased the fraudulent certificates from a third party without completing any coursework.

Applying the Henderson factors, the Tribunal concluded that the Applicant's conduct demonstrated untrustworthiness and a lack of integrity, rendering him unsuitable to hold a licence.

The Tribunal ordered the Superintendent to refuse to renew the licence.

The appellant, an insurance agent, appealed a summary administrative penalty of $3,000 imposed for failing to disclose the names of all insurers he represented.

The Notice of Appeal was filed five days after the 15-day statutory deadline.

The Tribunal held that the 15-day deadline in subsection 441.4(4) of the Insurance Act is a substantive requirement, not a procedural one, and therefore cannot be waived under the Statutory Powers Procedure Act.

The appeal was dismissed without a hearing for lack of jurisdiction.