FALL 1999 - Volume 19 - No.81

President's Message

Qualification and Registration Committee Report

Election Reminder

Chris Ward Memorial Award

Annual General Meeting

Members' Forum Synopsis 1999

New Council Member

Decisions of the Discipline Committee

Additions & Deletions from the RIBO Register (Jun 3, 1999 - Sept 2, 1999)

Members of Council

Member Assistance Directory

President's Message

Lorie Guthrie Phair

I thank you for the opportunity to serve as president. Over the last year I have enjoyed the responsibility and feel confident that RIBO Council fulfils its mission to protect the public and regulate the profession.

In this edition, you will find a synopsis of this year's Members' Forums. Please take time to read the issues presented and comments discussed. These meetings offer RIBO council and staff the opportunity to find out what industry issues are affecting brokers across the province. This is only one part of our communication initiatives. We encourage you to write, fax, phone or e-mail any council or staff member with any questions or comments. We want to hear from you!

On the subject of communications, on September 1, 1999 we launched our re-designed website. I am sure you will find that it to be more user friendly. If you have internet access, please visit our site at www.ribo.com and let us know what you think.

We continue to hold meetings with the Financial Services Commission (FSCO) to discuss industry issues. FSCO is working to design a new regulatory structure, taking into account comments from all stakeholders, including RIBO. One of the issues they are presently looking at is marketing activities. We will continue to consult with FSCO and will let you know of any changes over the next few months.

It has been a pleasure to serve as president this year. I once again thank you for the opportunity

Sincerely,

Lorie Guthrie Phair

Qualification and Registration Committee Report

Art Despard, Chairperson

I hope everyone had a great summer. This is my last report to you as Qualification and Registration Chair.

Our staff receives many calls relating to the continuing education program requirements. You can appreciate that this takes up a lot of valuable resource time. We outline the program requirements at the beginning of each issue of the Continuing Education Summary. I urge you to review it and keep a copy for ready reference.

I would like to remind you that the Continuing Education Summary is a separate publication. It is not a quarterly piece like the Bulletin. Instead it is published twice a year, in summer and winter. Unfortunately due to time and expense we can not mail each publication separately. It is sent to the attention of the Principal Broker in each office. It is this person's responsibility to distribute it to all staff members. In between publications of the Continuing Education Summary you can find updated course information on our website at www.ribo.com.

Over the last 3 months the Qualification & Registration Committee reviewed many requests for a secondary business exemption and to waive the Level I examination. A total of 51 secondary business exemption requests were reviewed, of which 13 were for the sale of mutual funds, and in all cases, except one, exemptions were granted mainly to provide supplemental income for the individuals. Of the 9 requests reviewed to waive the Level I examination, 8 were granted an exemption from the examination based on their previous experience at an insurance company or in another province. The Qualification & Registration Committee also confirmed a proposal to revoke a brokerage firm registration for non- compliance of the Principal Broker requirement.

DECISIONS OF THE QUALIFICATION & REGISTRATION COMMITTEE

ROBERT G. McIVOR, R07794
The Qualification and Registration Committee, on July 14, 1999, granted Mr. McIvor's request for a Secondary Business Exemption to act as a Risk Management Consultant. This Exemption was granted on the condition that Mr. McIvor must disclose to any insurer and all clients using his services that he is a registered insurance broker employed by Prolink Aviation Inc.

KASHMIR GILL, R04215
The Qualification and Registration Committee, on July 14, 1999, confirmed the General Manager's Proposal to Refuse Application For Secondary Business Exemption. Mr. Gill had requested a Secondary Business Exemption to act as a mortgage broker. The Committee found that such a business could result in a conflict of interest and that Mr. Gill could be in a position to place undue influence on mortgage clients to obtain insurance business, and therefore confirmed the Manager's Proposal to refuse the request.

It has been my pleasure to represent you as the Qualification & Registration Chair. I thank you for your support over the last year.

Yours truly,

Art Despard
Chairperson

Election Reminder

November 1, 1999 is election day. Every member in good standing is entitled to vote for three candidates. You have received a nomination book, including information about each candidate up for election. Please follow the instructions outlined on the back of the return envelope. All ballots must be received at the RIBO office by 4:00 p.m. on November 1, 1999. Exercise your right to vote!

Chris Ward Memorial Award

This year's recipient of the Chris Ward Memorial Award is Herb J. Kelly, of Breckles Insurance Brokers Ltd. Mr. Kelly received a combined total of 81% on the Level II removal of restriction exam. In honour of the late Chris Ward, president of RIBO from 1993- 1994, this award is bestowed on the individual with the highest overall mark on both sections of the Level II exam. The council and staff would like to congratulate Mr. Kelly on his achievement. A formal presentation of this award will be made at the annual meeting on Thursday, November 4, 1999.

Annual General Meeting

November 4, 1999
Mark Your Calendar

The sixteenth Annual General Meeting of the membership of the Registered Insurance Brokers of Ontario will take place on Thursday, November 5, 1999, starting at 2:00 p.m. in Pier 4 & 5 at the Toronto Westin Harbour Castle.

A formal notice of meeting, annual report and proxy form has been mailed to each registrant in good standing.

Besides the usual business covered at every Annual Meeting, you will have an opportunity to meet and talk with this year's council members, incoming members, senior management and other members of RIBO staff.

All registrants in good standing are eligible to attend and to vote on matters brought before the meeting. A list of members who are qualified to vote will be available for review in the RIBO office during business hours.

Any member unable to attend the meeting is encouraged to submit a proxy to register their vote on questions that may be raised at the meeting.

Members' Forum Synopsis 1999

Once again, the Members' Forums offered RIBO council and staff an excellent opportunity to meet with brokers across the province. The structure of the questions this year allowed for an open forum discussion at each of the ten locations. The following synopsis under each topic sets out some of the points of view expressed. A complete set of all the minutes is available for anyone upon request.

MARKETPLACE ISSUES

Sole Occupation & the Sale of Financial Products

Questions:

What would be the effect on your operations if the current requirements were removed?

Is the current exemption policy for "other financial products & services" sufficient?

General Consensus:

Insurance brokers should be able to sell financial products. If the sole occupation requirement is removed altogether, concern was raised that there could be a conflict of interest and/or undue influence placed on the consumer.

Sample Comments

  • It would be nice to be able to provide all financial services to my clients within one office. This way we wouldn't risk losing our customers to the competition.

  • RIBO has to recognize changes in the marketplace. If we don't move with the times we risk losing our business all together.

  • One person doesn't have to sell all products or wear all the hats. I want to be able to hire professionals who sell a variety of financial products and services. Let me decide what products I want to sell.

  • If we maintain the status quo we will lose out in the end.

  • We can't be all things to all people.

  • If we open it up, the consumer will be the loser in the end. Brokers will be required to wear too many hats.

  • If we remove the restrictions we risk losing our professionalism.

  • We can't open it up and then say to the banks we can sell your products but you can't sell ours.
Ownership

Question:

What would be the effect on your operations if the current requirements were removed?

General Consensus: The current requirement should be removed. As long as there is a Principal Broker responsible for RIBO requirements, then ownership should not be an issue.

Sample Comments

  • As long as my business is being run properly, why does RIBO care who is the majority owner?

  • We have to be able to compete. In order to compete we need capital.

  • Brokers are already getting around the current regulations. Why not open it up so we don't have to spend our time finding ways to break the rules?

  • We have to stop trying to protect ourselves from the inevitable. If the regulation is removed, the marketplace will sort out who can and can't survive.

  • I want to be able to compete on a level playing field.

  • The loopholes should be tightened up. We have to maintain this regulation. If it disappears we risk losing our professionalism.

  • I worry that if a firm is not majority owned by a broker that there will be undue influence and the consumer will not be protected.
Market Conduct

RIBO's Market Practice Guidelines

Question:

Are RIBO's current market practice guidelines helpful, adequate or too restrictive in any area? Do you have additional suggestions?

General Consensus:

There was no general consensus regarding market practice guidelines. Brokers were asked to forward any feedback to RIBO.

Sample Comments

  • We get slapped on the wrist for doing the same thing that other insurance distributors are getting away with.

  • It's very frustrating to know that we don't all work on a level playing field.

  • If we start to give away a toaster with the sale of every insurance product, we cheapen ourselves and risk losing our professional image.

  • The consumer has to recognize that someone is paying for any giveaway.

  • We have created a world were customers want giveaways and inducements. Unfortunately, this type of business practice is a reality. We have to move with the times.

FSCO's Discussion Paper on Market Conduct

Question:

Are there any areas that ought to be included in FSCO's upcoming discussion paper on market conduct and practices?

General Consensus:

RIBO should continue to address the issue of market conduct and practices with FSCO.

Sample Comments

  • There seems to be different rules governing market practices for different sectors of the insurance industry. Until the playing field is leveled we will lose out.

  • The insurance industry is not competing on a level playing field. FSCO needs to regulate its members in the same way that brokers are regulated.

  • RIBO should work with FSCO to establish one set of rules and regulation when it comes to market conduct and practices.
Marketplace Changes

Question:

What marketplace change, if any, is having the biggest effect on your operations?

General Consensus:

RIBO must continue to work with FSCO to develop new guidelines concerning "Group" plans.

Sample Comments

  • What constitutes a "Group"? If you are an air breather who lives in Ontario, you are considered a "Group".
Consumer Protection Initiatives

Market Capacity Disclosure

FSCO is currently examining substantive changes in consumer protection issues affecting all intermediaries in insurance distribution.

Question:

What has been the effect, if any, on the recent changes in market capacity disclosure (auto) on your operations?

General Consensus:

There is no objection to market capacity disclosure. However, there are issues regarding the practicality.

Sample Comments

  • Market capacity disclosure is really a non-issue. As independent licensed business people we should be trusted to do what's right for the consumer.

  • What if you represent 50 companies? Do you spend 10 minutes disclosing your markets before providing a quote?

  • There are lots of realistic ways of disclosing your markets without having to list them over the telephone.

  • Is market capacity disclosure really helping to protect the consumer?
Further Point of Sale Disclosure

Question:

What would be the effect of further point of sale disclosure requirements in other areas?

General Consensus:

Majority agreed that the consumers are bombarded with too much information when purchasing insurance. Further point of sale disclosure could lead to more confusion.

Sample Comments

  • The consumer doesn't need us to be disclosing every part of our business. We risk scaring them away.

  • My commission is no one's business other than my own.

  • Where will it end? We are all independent business people who need to make these sort of decisions for ourselves.
EDUCATION, QUALIFICATION & LICENSING

Common Entry Level Exam
FSCO is currently looking at qualification and licensing issues for all insurance intermediaries, including harmonization within Ontario and across Canada.

FSCO may consider a common examination testing basic knowledge of "financial services" for all intermediaries, including insurance brokers. Once passed, individuals would then be required to write examinations on their specialized areas (i.e. the RIBO exam).

Question:

How would you feel about this type of examination process?

General Consensus:

Another exam would deter people from entering into the insurance industry. The qualifications as they stand are fair. RIBO should use the continuing education program as a means of helping to maintain high professional standards.

Sample Comments

  • We have to raise the bar and step licensing is one way of doing this. Let's give everyone a broad idea of the financial sector and then let him or her decide if they want to apply to be a broker.

  • We need to set higher qualification standards.

  • Another exam would only scare people away from getting into our business.

  • The process works as it stands. Why rock the boat?

  • The RIBO exam is hard enough. RIBO should spend their time making sure that the CE courses are worthwhile.

  • Writing and passing several exams doesn't mean you will be a good broker. There are other measures of success.

New Council Member

HASSAN JAFFER
Hassan Jaffer joined RIBO Council in April as a public member, appointed by the Lieutenant Governor in Council. An entrepreneurial former senior partner of BDO Dunwoody, a national firm of chartered accountants, Hassan has over two decades of experience in corporate restructuring, insolvency and financial advisory assignments in Canada, USA, UK, the Middle East, Africa and India. Working for the Financial Services Group, Hassan made a significant contribution to the growth and development of BDO Dunwoody.

Born in Zanzibar (east Africa), Hassan moved to Canada in 1974 where he obtained his Certified General Accontant (CGA) and Chartered Insolvency Practitioner (CIP) designations. Hassan and his wife Millie have four children and live in Toronto.

We welcome Hassan to the Board and look forward to his future involvement.

Decisions of the Discipline Committee

Caution: While the information contained below is public, members should take caution that inappropriate use of this information may be considered to be misconduct.

JOHANNA SANDHAM, R10367
Johanna Sandham, of the City of Toronto, pleaded guilty to misconduct arising out of an instance whereby Mrs. Sandham failed to place automobile insurance on behalf of a client after being instructed to do so. The Certificate of Registration of Johanna Sandham was restricted to acting under supervision, effective August 1, 1999, for a period of not less than 1 year. In addition, Johanna Sandham was fined $500.00.

CONSENTS BEING RECEIVED IN EACH OF THE FOLLOWING MATTERS, THE DISCIPLINE COMMITTEE MADE THE FOLLOWING ORDERS

SENTRY INSURANCE GROUP, B2538
JAMES IAN VINCENT, R12166
James Ian Vincent, Principal Broker of Sentry Insurance Group, of the City of Toronto, knowingly concurred in the corporate broker's trust deficit and failed to maintain proper books and records in accordance with RIBO regulations. The brokerage was subsequently sold and the corporate brokerage's Certificate of Registration was deregistered. The Certificate of Registration of James Ian Vincent was restricted to acting under supervision, effective June 10, 1999 for a period of not less than 3 years. In addition, James Ian Vincent was ordered to successfully complete an education course in the event he wishes to remove the said restriction after the 3 year period.

DAVID McCANN AVIATION
INSURANCE, R1404

DAVID MICHAEL McCANN , R07536
David Michael McCann, the Principal Broker of David McCann Aviation Insurance, of the City of Richmond Hill, knowingly concurred in the corporate broker's trust deficit and failed to maintain proper books and records in accordance with RIBO Regulations. After correcting the problem, the corporate broker was ordered to file extra position reports for a period of one year. In addition, it was ordered that a failure by Mr. McCann to comply with terms and conditions of the Order would result in a restriction of his Certificate of Registration to acting under supervision.

Additions & Deletions from the RIBO Register (Feb 19, 1999 - Jun 3, 1999)

Additions
2941   METROCAP INSURANCE INC. TORONTO
2941   METROCAP INSURANCE INC. TORONTO
2942   KEITH STEWART INSURANCE LTD. CHATHAM
2944   GRCS AND ASSOCIATES O/B 1258159 ONT. INC. MISSISSAUGA
2945   CAR INSURANCE BROKERS OF CANADA INC. TORONTO
2946   TRIBAL CUSTOM INSURANCE SERVICES INC. TORONTO
2947   CROSS BORDER UNDERWRITING SERVICES INC. NORTH YORK
 
Deletions
2398   MICHAEL COLEMAN INSURANCE BROKERS LIMITED PEMBROKE
37   ALLARD-MOOREY INSURANCE BROKERS LTD. PEMBROKE
72   ARCON INSURANCE BROKERS LTD. KIRKLAND LAKE
87   PREMIER INSURANCE BROKERS INC. WINNIPEG
1666   DAVID C. ORR INSURANCE BROKER LIMITED ST. CATHARINES
914   ROBERT HARDER INSURANCE MANAGEMENT INC. ST. CATHARINES
926   R HARTFORD-DOBBIE INSURANCE BROKERS LTD. LONDON
1698   PATERSON INSURANCE BROKERS LTD. WINDSOR
941   MACDOWKIN INSURANCE BROKERS LIMITED BRAMPTON
977   PERRY J. HOADLEY GENERAL INSURANCE BROKERS LTD. THORNBURY
1007   HOWE INSURANCE BROKERS LIMITED TORONTO
1791   PURDY INSURANCE BROKERS LTD. CAMBRIDGE
292   BUDGET BROKERS LIMITED GLOUCESTER
319   CADE FRASER INSURANCE BROKERS LTD. TORONTO
1188   LAIRD & LAIRD INSURANCE BROKERS INC. KESWICK
423   BUTLER CLARKSON INSURANCE BROKERS LTD. PETERBOROUGH
1213   W.J. LANSDELL INSURANCE BROKERS LIMITED LONDON
2013   KENNETH E. SMITH INSURANCE BROKER LIMITED LONDON
451   COMPAC INSURANCE BROKERS INCORPORATED TORONTO
1266   LONDON GENERAL INSURANCE BROKERS LTD. SARNIA
2614   MERIDIAN RISK MANAGEMENT INC. TORONTO
1327   LESLIE L MANDIGO INSURANCE BROKERS LIMITED OTTAWA
1337   MAPLEDORAM BROKERS LIMITED THUNDER BAY
583   DESROCHES INSURANCE LTD. MISSISSAUGA
678   EMERALD INSURANCE BROKERS LIMITED ST. CATHARINES
1452   MCLAREN & WRIGHT INSURANCE BROKERS LTD. ALMONTE
2244   VIEIRA & ASSOCIATES INSURANCE BROKERS LIMITED TORONTO
2811   PETEK EDWARDS GROUP INC. TORONTO
2819   HURONIA SPECIALTY INSURANCE LTD. BARRIE
2311   WINDSOR-ESSEX INSURANCE BROKERS LTD T/A SPURR WINDSOR
2317   R.K. WILLIAMSON INSURANCE BROKERS LIMITED LONDON

Members of Council

PRESIDENT
Lorie J. Guthrie Phair
Guthrie Insurance Brokers
3080 Yonge Street, Ste. 4070
Toronto, Ontario M4N 3N1
Tel: (416) 487-5200
Fax: (416) 487-4614
VICE PRESIDENT
Art Despard
AON Reed Stenhouse Inc.
20 Bay St., Ste. 2400
Toronto, Ontario M2J 2N9
Tel: (416) 868-5500
Fax: (416) 868-5580
 
SECRETARY
Brian Hitchlock
Marsh Insurance Ltd.
Box 75, 199 Coleman Street
Belleville, Ontario K8N 4Z9
Tel: (613) 969-7007
Fax: (613) 969-6578
e-mail: brash@home.com
TREASURER
Darren Hamilton
Hamilton & Hamilton
Insurance Brokers Ltd.
1701 Woodward Drive
Ottawa, Ontario K2L 0R4
Tel: (613) 224-3200
Fax: (613) 224-5544
 
MEMBERS
* Public members are appointed by the Lieutenant Governor-in-Council to represent the public interest.
 
* James Chestnutt
4076 Deer Run Court
Mississauga, Ontario L5C 3P2
Tel: (416) 922-0553 (ext. 249)
Fax: (416) 922-8011
Barry Downs
Partners Indemnity Insurance Brokers Ltd.
44 Victoria St., Ste. 1610
Toronto, Ontario M5C 1Y2
Tel: (416) 366-5243
Fax: (416) 862-2416
 
* Paul Gahunia
Dixie Financial Services
1380 Cardiff Blvd. #4
Mississauga, Ontario L5S 1P9
Direct Line: (416) 677-0047
Office: (905) 565-1199
Fax: (905) 565-8033
* Al Hawco
3311 Warner Way
Osgood, Ontario K0A 2W0
Tel: (613) 826-2804
Fax: (613) 826-0143
 
* Hassan A. Jaffer
70 Baronial Court
West Hill, Ontario M1C 3J7
Tel: (416) 283-7468
Fax: (416) 724-8001
Beverly Lannon
Capital Insurance Brokers Ltd.
715 Hewitson St., Ste. 1000
Thunder Bay, Ontario P7B 6B5
Tel: (807) 626-1770
Fax: (807) 626-9624
 
Andrew Osbourne
Firstbrook, Cassie & Anderson Ltd.
1867 Yonge Street, Ste. 300
Toronto, Ontario M4S 1Y5
Tel: (416) 486-1421
Fax: (416) 486-7035
Michael A. Teixeira
Axion Insurance Services Inc.
95 Mural St., Ste. 104
Richmond Hill, Ontario L4B 3G2
Tel: (905) 731-3118
Fax: (905) 731-4446
e-mail: mteixeira@axioninsurance.ca
 
Kip Van Kempen
Brown Pineo Van Kempten and Associates Ltd.
Associates Ltd.
81 Old Kingston Rd.
Ajax, Ontario L1T 3A6
Tel: (905) 427-5888
Fax: (905) 427-4615

Member Assistance Directory

RIBO Office: (416) 365-1900 or 1-800-265-3097 Fax: (416) 365-7664
P.O. Box 45, 401 Bay Street, Suite 1200, Simpson Tower, Toronto, ON M5H 2Y4

Receptionist - Stacey Oliver
General Manager - Jeff Bear (
jeff@ribo.com)
Secretary - Lise Clements (lise@ribo.com)

ADMINISTRATION & FINANCE
Manager - George Martin (george@ribo.com)
Accounting & Data Supervisor - Mary Yan (mary@ribo.com)
Registration/Data Entry - Valrie Bailey (valrie@ribo.com), Irene Chung (irene@ribo.com), Erica Lo (erica@ribo.com), Karla Poirier (karla@ribo.com)

COMPLAINTS & INVESTIGATIONS
Manager - Tim Goff (tim@ribo.com)
Complaints Officer - Sharon Bentley (sharon@ribo.com)
Senior Investigators - Nadine Austin (nadine@ribo.com), Crystal Skyvington (crystal@ribo.com)
Secretary - Angela Daley (angela@ribo.com)
Co-ordinator - Diana Campoli (diana@ribo.com)
Financial Investigators - Michael Buck (michael@ribo.com),
Winston Koo (winston@ribo.com)

CORPORATION LEGAL SERVICES
In-house Legal Counsel - Bradley Nairn (bradley@ribo.com)
Secretary - Angela Daley (angela@ribo.com)

MARKETING & COMMUNICATIONS
Communications Co-ordinator

QUALIFICATION & REGISTRATION
Manager - Lilian Croucher (lilian@ribo.com)
Assistant - Vivian Lee (vivian@ribo.com)
Secretary - Sonia Lyew (sonia@ribo.com)
Clerk - Anna Rouse (anna@ribo.com)