MODERNIZING RIBO’S COMPLAINTS & DISCIPLINE PROCESSES
The Registered Insurance Brokers of Ontario (RIBO) 2022-2025 strategic plan includes a commitment to modernizing its enforcement approaches. During the past year RIBO took several steps in updating its complaints and discipline processes towards achieving this goal.
To increase its effectiveness as a regulator and fulfill its public protection mandate, RIBO adopted a risk-based approach across its complaints and investigation processes.
After receiving a completed online complaint form, the complaint is reviewed by Intake staff. Our initial assessment of complaints now includes a risk assessment. Complaints which raise professional conduct issues that appear to be low/lower risk and can be easily resolved may be addressed in the Intake Department. However, complaints which raise professional conduct issues and appear to be high/higher risk, or which cannot be easily and quickly resolved are authorized for an investigation in accordance with The Registered Insurance Brokers Act (the Act), s. 25. It should be noted, however, that lower-risk cases that cannot be resolved at Intake, may still be authorized for an investigation.
Cases authorized for an investigation are transferred to the Investigations Department and assigned to an investigator for investigation. In accordance with s. 16 of the Act, investigators submit a report of the investigation to the Complaints Committee for consideration.
The Complaints Committee meets regularly to review and determine cases. Complainants, licensees and RIBO staff do not attend Complaints Committee meetings.
S. 16 (2) of The Act gives the Complaints Committee the authority to:
a) refer a case to the Discipline Committee
b) not refer a case to the Discipline Committee
c) take such action which the Complaints Committee considers appropriate, and which is consistent with The Act, Regulations or by laws.
Based on the authority s. 16 (2) the Complaints Committee will now be adopting a remedial approach to resolve certain cases. These are cases that do not warrant a referral to the Discipline Committee but do raise professional conduct concerns and are amenable to some regulatory action by the Complaints Committee. The Complaints Committee can adopt a remedial approach in appropriate cases by directing any of the following:
a) Issuing a Caution to a Licensee: This is a warning to the licensee about the professional conduct issues raised in the investigation that do not warrant a referral to the Discipline Committee but are serious enough for a caution to be issued. The text of the caution will be in the written decision of the Complaints Committee and remains on the
licensee’s file. The purpose of a caution is to point out to the licensee actions (or inactions) which may lead to further or escalated complaints.
b) Issuing Advice and Recommendations to a Licensee: The Complaints Committee can provide advice if there are concerns that the licensee’s conduct can or does have a direct impact on the Licensee’s client, compliance with the licensee’s obligations, and/or it is in the interest of the public to address the regulatory issue. This type of conduct, however, would not rise to the level of risk that would warrant a caution or a referral to the Discipline Committee. The decision contains the advice and recommendations provided to the licensee and explains the concerns the Complaints Committee has about the case.
c) Requiring a Licensee to take educational courses: The Complaints Committee may direct licensees to take courses in areas identified by the Complaints Committee in the case under consideration, to improve their skills or practice. The Complaints Committee may adopt this approach if the evidence suggests that there may be gaps in the licensee’s knowledge that can be sufficiently addressed by targeted educational courses and a referral to Discipline is not warranted.
The Complaints Committee prepares written decisions for each case. Where a matter is not referred to the Discipline Committee or the action taken by the Complaints Committee is further to 16(2)(c), only complainants and licensees will be provided with a copy of the decision for cases in which they are involved.
Decisions made by the Complaints Committee under Section 16(2)(c) do not become part of a licensee’s discipline history. They do, however, become part of the licensee’s regulatory history with RIBO.
RIBO does not publish the decisions of the Complaints Committee.
Rules of Procedure for the Discipline Committee process have also been implemented. All cases proceeding though this process must follow the Rules of Procedure. The Discipline Committee will continue to issue written decisions. These decisions will become part of a licensee’s discipline history and are public.