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BRIDGEFORCE 2014 COMPLIANCE MEETING . FSCO Compliance March 2014. About FSCO. FSCO is a provincial body with regulatory jurisdiction in Ontario and is governed by the Financial Services Commission of Ontario Act, 1997.

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bridgeforce 2014 compliance meeting
BRIDGEFORCE 2014 COMPLIANCE MEETING

FSCO Compliance March 2014

about fsco
About FSCO
  • FSCO is a provincial body with regulatory jurisdiction in Ontario and is governed by the Financial Services Commission of Ontario Act, 1997.
  • FSCO is an integrated regulator with solvency and market conduct oversight of the following sectors:
    • Insurance (Life & Health and Property & Casualty)
    • Pension Plans
    • Credit Unions and Caisses Populaires
    • Mortgage Brokers and Administrators
    • Co-operative Corporations
    • Loan and Trust Companies
outcomes of risk based market conduct regulation
Outcomes of Risk-based Market Conduct Regulation
  • FSCO’s expectations for the conduct of individual licensees:
    • Fair treatment of consumers and claimants
    • Disclosure of information to enable consumers to make informed decisions
    • Compliance with laws
    • Good corporate governance
  • FSCO’s expectation for system level conditions supported by individual licensees:
    • Stable marketplace
    • Proactive identification of issues
    • Fair Dispute Resolution
compliance regulatory and supervisory landscape
Compliance Regulatory and Supervisory Landscape

2004

2006

  • Removed unnecessary barriers to licensing
  • Introduced written disclosure of actual or potential conflicts of interest (O. Reg 347/04)
  • Insurance industry practices review:
    • Questionnaire
    • Industry sponsored codes of ethics rather than impose rules
    • Principles based
      • Priority of the Client’s interest
      • Disclose actual or potential conflicts
      • Recommend suitable products
compliance regulatory and supervisory landscape1
Compliance Regulatory and Supervisory Landscape

2012

2013

  • Agreement on Internal Trade, the Ontario Labour Mobility Act, the Ontario-Quebec Trade and Co-operation Agreement and industry requests for harmonization.
  • Life Insurance Product Suitability
    • Questionnaire
    • Agent non-compliance activity
    • Follow-up on improvements
  • Canadian Insurance Regulators Disciplinary Actions database
compliance regulatory and supervisory landscape2
Compliance Regulatory and Supervisory Landscape

2013

2014

  • Consultation on a Proposal to Modernize Disciplinary Hearings for Insurance Agents and Adjusters
  • Develop a harmonized proficiency standard to replace the LLQP and the standard currently in place in Quebec
  • New FSCO computer system under development to handle all types of licences on line
consumer complaint handling system
Consumer Complaint Handling System
  • Consumers have come to rely on a high level of complaint handling and dispute resolution service from the “Industry First Response” framework.
  • Ontario’s consumer complaint handling system is working well.
  • All stakeholders must continue to refine and strengthen industry standards for Consumer Complaint Handling Protocols.
  • Work with companies to ensure that complainants who have unresolved complaints are aware of the opportunity to have those complaints reviewed independently.
complaints life health insurance
Complaints – Life & Health Insurance

30%

Administration,

Claims /

Settlements, 36%

  • IMPORTANT: This presentation and the data included herein is intended for limited purposes and should NOT be used by any other parties or in advertising or any publications without FSCO’s prior written consent. The information above should only be considered in the context of this illustration.
how do we decide what action to take
How Do We Decide What Action to Take?
  • Within the Superintendent’s authority to do so
  • Public harm – number of victims or amount of money involved
  • Type of offence
  • Deterrence value – specific and general
  • Seriousness of misconduct
  • Frequency
  • Sensitivity
  • Repeat occurrences or the risk of reoccurrence
  • Timeliness
  • Chances of success
  • Appropriate remedy is available
  • Matter is subject to criminal prosecution or other litigation
  • Issue is systemic in nature
  • Sometimes, because it is the right thing to do
scope of possible compliance actions
Scope of Possible Compliance Actions

http://www.fsco.gov.on.ca/en/insurance/enforcement/Pages/agents.aspx

recommendations from the 2013 imf assessment of canada against the insurance core principles
Recommendations from the 2013 IMF Assessment of Canada Against the Insurance Core Principles

18. Intermediaries

a) Maintain the positive momentum in promoting appropriate harmonisation of the regulatory regimes and supervisory practices with respect to intermediaries across provinces;

b) Consider establishing proportionate expectation tailored for intermediaries, focusing on achieving fair treatment outcome for policyholders;

recommendations from the 2013 imf assessment of canada against the insurance core principles1
Recommendations from the 2013 IMF Assessment of Canada Against the Insurance Core Principles

19. Conduct of Business (COB)

Strengthen the current COB regimes by:

a) Continuing the proactive initiatives by CCIR and JFFMR to enhance consistency of COB regulatory regimes across provinces;

b) Empowering FSCO to issue enforceable rules on product development and promotion as well as require insurers and intermediaries to conduct needs analysis before providing advice and meet policy servicing obligations;

recommendations from the 2013 imf assessment of canada against the insurance core principles2
Recommendations from the 2013 IMF Assessment of Canada Against the Insurance Core Principles

21. Countering Fraud in Insurance

While their enforcement work has included action against intermediaries in relation to misrepresentation of insurance cover to a customer, consider the merits of setting out both AMF and FSCO expectations of intermediaries in the area of fraud controls more clearly.

recommendations from the 2013 imf assessment of canada against the insurance core principles3
Recommendations from the 2013 IMF Assessment of Canada Against the Insurance Core Principles

22. Anti-Money Laundering and Combating the Financing of Terrorism

In relation to intermediaries, consider how best AMF and FSCO should set out their AML/CFT expectations in more detail, drawing on their supervisory work and experience.

emerging issues complexity
Emerging Issues - Complexity

1. Products are targeted and marketed to customer groups for which they are not suitable.

2. The customer does not understand the product being targeted at them.

3. The intermediary does not understand the product.

4. The company does not fully understand how the product will perform or is unable to monitor the risks to customers.

5. The company cannot fully support a product after it is launched (systems / volumes).

6. All financial services sector market participants will be affected by global regulatory reforms and market trends.