ONTARIO INSURANCE ADJUSTERS ASSOCIATION
BY LAW NO. 1
CONSTITUTION
CODE OF ETHICS AND RULES OF ORDER
BY LAW NO. 1
ONTARIO INSURANCE ADJUSTERS ASSOCIATION
ARTICLE 1 – Name
This organization shall be known as the Ontario Insurance Adjusters Association. The Association shall be a non-partisan, non-sectarian body. The name of the Association shall not be used by any of its officers or members in connection with any partisan interests.
ARTICLE 2 – Objects
Section 1 – To promote and maintain a high standard of ethics in the business of insurance claims adjusting.
Section 2 – To secure and promote, in the interests of the business of insurance and of members of the Association, amicable relations with government departments and officials, the governing bodies and members of other organizations, insurance companies, insurance associations and fraternities and the general public, in matters connected with the business of insurance and insurance claims.
Section 3 – To deal with problems affecting the business of insurance claims adjusting as a whole.
Section 4 – To hold meetings for the purpose of:
(a) Providing opportunities for establishing and maintaining contacts among fellow members.
(b) Providing opportunities for round-table discussion and exchange of ideas on subjects
of common interest.
(c) Hearing invited speakers on subjects of interest to the members of the Association.
Section 5 – The objective of the Association is to provide homogenous representation of the Executive Committee and on the Executive Council consistent with the membership at large.
ARTICLE 3 – Membership and Classification
Section 1 – Membership
Membership shall be of five classes; namely, Active, Non-Active, Honorary, Honorary Life and Associate.
Section 2 – Classification
(a) Active Members
Men and women of good standing and character primarily engaged in obtaining their livelihood directly from the adjusting of claims in the province of Ontario on behalf of or employed by insurance companies, self-insurers or government agencies.
They shall be authorized by statute to carry on the above business as described in the Province of Ontario. They shall have full privileges and powers of the membership.
(b) Honorary Members
Men and women upon whom the association wishes to confer the privileges of membership without payment of dues. This shall include Past Presidents of the Association who have ceased to be actively engaged in the adjustment of claims in the Province of Ontario. Honorary Members shall not have the power to vote or hold office.
(c) Honorary Life Members
Men and women at any time eligible for Active membership who have rendered some single service to the Association. They shall have full privileges of the Association but shall not pay dues.
(d) Associate Members
Shall be all existing Associate Members holding such designation prior to February 13, 1991 and who continue to retain that designation by annual renewal of dues. Failure to renew annual membership dues will result in forfeiture of Associate Members status. The Associate Member shall not have the power to vote or hold office.
(e) Non Active Members
Men and women who have been in good standing as active members of the association for at least 10 consecutive years and are no longer actively engaged in the adjustment of claims. They shall retain this designation by annual renewal of dues; failure to renew annual membership dues will result in forfeiture of Non Active Member status. The Non Active Member shall not have the power to vote or hold office.
ARTICLE 4 – Admission to Membership
Section 1 – Active Membership
Applicants shall be admitted to Active Membership under the following procedure:
(a) An application for membership shall be submitted with full information concerning
the applicant upon the form approved by the Association;
(b) Each application shall include the signed recommendation of two Active Members in
good standing;
(c) Each application for membership shall be considered and passed upon by the Executive Council;
(d) The names of applicants approved by the Executive Council shall be published in the
next succeeding issue of the Official Journal;
(e) Such applicants shall be admitted to membership by a majority vote of voting members present at any regular meeting of the Association. A vote by ballot may be required by any voting member, by notifying the Secretary in writing of such intention not less than 48 hours prior to the date of the meeting.
Section 2 – Honorary Membership
Admission to Honorary Membership shall be in accordance with Article 3, Section 2(b) Honorary Members.
Section 3 – Honorary Life Membership
Admission to Honorary Life membership shall be upon the recommendation of the President and by a three-quarters majority vote of the Executive Council present and voting at any regular Executive meeting.
Section 4 – New Members
New Members shall be notified in writing by the Secretary of his/her designee, of their admission and shall be provided with a copy of the Constitution, Code of Ethics and Rules of Order of the Association.
Section 5 – Reinstatement
A former active member of good standing and who still qualifies for membership under Article 3, Section 2(a) may be reinstated to membership by the Executive Council upon payment of annual dues for the current year.
ARTICLE 5 – Discipline
Section 1
Any Active member being 60 days in arrears in the payment of his/her dues shall automatically stand suspended. Such member, upon payment of arrears within 30 days of such suspension, may be reinstated by the executive Council. In the absence of payment of arrears within 30 days, he/she shall be dropped from the membership. Subsequently, these members may re-apply for membership provided they still qualify under Article 3, Section 2(a).
Section 2
(a) The Executive Council may, in its discretion, after due inquiry as hereinafter provided, reprimand or censure or suspend or expel any member guilty of unbecoming conduct or of breach of any provisions of the Constitution of the Association;
(b) The Executive Council shall not take any such action until after a complaint in writing has been filed with the Secretary who shall give the accused member written notice of the complaint and notify him/her that he/she may see the original complaint by applying to the Secretary and that he/she may appear before the Discipline Committee, consisting of five Executive Council members, to explain his/her conduct and submit evidence in his/her defense;
(c) If the accused member, within 14 calendar days of the date of the letter from the Secretary, notifies the Secretary in writing that he/she wishes to appear before the discipline Committee, the discipline Committee shall appoint a date, time and place for such appearance and the secretary shall give the accused member at least 14 calendar days notice in writing thereof, and like notice shall be given to the complainant, who shall be obliged to appear;
(d) Not later than 45 calendar days from the date upon which complaint shall have been first received and whether or not the accused member has elected to appear with or without witness, but at the appointed date, time and place if he/she has so elected, the Discipline Committee after hearing such evidence as may be presented by the complainant or the accused member, within 7 calendar days thereafter, notify the accused member in writing of the majority decision of the Discipline committee. The decision of the majority of the Discipline Committee present and voting shall be final;
(e) The decision of the Discipline Committee may be appealed to the Executive Council. No such appeal shall be heard unless application in writing be filed with the Secretary within 14 days after the date of written notice of the accused member and complainant of the decision of the Discipline Committee. Pending such appeal section 3 of this Article shall not apply to the accused member;
(f) The member appealing and his/her witnesses and the complainant and his/her witnesses in that order shall, if they desire, orally address their evidence to the Executive Council hearing the appeal and may remain present while such evidence is being submitted but shall retire during any discussion of the evidence by the Executive Council members present. The decision by ballot of the majority of the Executive Council members present and voting shall be final and shall forthwith be communicated orally to the accused member and complainant by the Chair and confirmed in writing by the Secretary;
Section 3 – Any person whose membership in this Association has been terminated in any manner shall forfeit all interest in any funds or other property belonging to the Association and all right to the use of the Association’s name or any abbreviation thereof, crest or other insignia.
Section 4 – Any member of the Executive Council who fails to attend three successive meetings of the Executive Council shall be deemed to have resigned from the Executive Council.
ARTICLE 6 – Code of Ethics
The Code of Ethics of the Association shall be so adopted as follows:
The Adjuster shall so act as to promote public confidence in insurance companies through fair and conscientious dealing, and shall refrain from any fraud, deceit, misrepresentation, dishonest non-disclosure, undue influence or other mischievous practice.
The relationship of the adjuster to the company and the policyholder is one of trust and confidence calling for the highest degree of good faith in all transactions.
The Adjuster Shall
ONE – Diligently follow the instructions of the company and exercise his/her skill and care at all times primarily on its behalf, refusing to be influenced in his/her investigation or in any settlement by self-interest or by subversive considerations urged upon him/her by others.
TWO – Make full and prompt disclosure to the company of all policy violations and of all cases of fraud, misrepresentation, non-disclosure, falsification of facts or record, or attempts improperly to influence his/her findings or reports to the company.
THREE – When instructed to act for more than one company in the same matter, immediately notify each company of the interests of all companies for which he/she is acting or is requested to act, and shall not act for more than one company until all interested companies have approved.
FOUR – Strive to establish and maintain harmony and at all times to co-operate with opposing adjusters consistent with conscientious and unbiased service to his/her own principals.
The Adjuster Shall Not
ONE – Seek or make any secret profit or acquire any financial interest in any matter entrusted to him/her.
TWO – Solicit or seek to acquire the business of any company by any gratuity, emolument or financial inducement of any kind to brokers, agents, officers or employees of any company or any policy holder.
THREE – Enter upon any investigation without prior authorization, specific or general, from the company, and in particular shall not ask or encourage any person other than a representative of the company to advise him/her of the occurrence of any accident or loss or form any alliance with any purpose of securing such information.
FOUR – Approach any member of the public to ascertain details of his/her insurance for the purpose of being appointed to adjust a loss.
FIVE – Advise one of two or more companies insuring a loss that he/she has been appointed as adjuster by any of the other such companies, unless and until he/she has been specifically so appointed.
SIX – Seek to influence for his/her own benefit or directly or indirectly for the benefit of any company the conduct of any public office official or servant or the officials, servants or employees of any institution by any gratuity, emolument or financial inducement.
SEVEN – Hold himself/herself out as acting for or give as a reference the name of any company without authorization from the company.
EIGHT – Exceed the authority vested in him/her by the company.
NINE – Advise any claimant to refrain from seeking legal counsel.
TEN – Undertake to offer legal advise to a member of the public.
ELEVEN – Deal directly with any claimant represented by a solicitor to the knowledge of the adjuster unless the claimant has properly and of his own accord withdrawn his retainer of such solicitor.
TWELVE – Seek to procure a more advantageous settlement for the company by offering to increase the allowance for costs to the solicitor representing any claimant.
ARTICLE 7 – Chapters
Section 1 – An “Authorized District” shall be a geographical area so designated from time to time by the Executive Council for the purpose of adequate regional representation.
Section 2 – In any authorized district there may be formed by the members of the Association having their place of principal employment therein, one Chapter of the Association, provided always that the Executive Council shall, on written application to it, have approved the formation thereof. The name of such Chapter, in which it shall conduct all its business, shall be (name of District or Association) Chapter of the Ontario Insurance Adjusters Association.
Section 3 – All members of every Chapter so formed shall be and continue to be members of the Association and shall be subject to and governed by this Constitution. Each Chapter shall enact and be governed by its own by-laws which (except that any Chapter may have “Social Members” who are not members of this Association and who do not have any voting rights) shall not in any way conflict with but shall conform to the provisions of this Constitution. A copy of such Chapter By-laws and a copy of any amendments thereto shall be delivered to the Secretary of this Association for approval by the Executive Council.
Section 4 – Included in all such Chapter By-laws shall be provision for annual elections of a President, Vice-President, Treasurer and Secretary of the Chapter and of such additional members of the Chapter’s Executive Committee as may be deemed desirable; and they shall also provide for election of a member of the Chapter to serve on the Executive Council of this Association.
Section 5 – It shall be the duty of every Chapter to collect and to remit to the Treasurer of the Association any outstanding annual dues payable to this Association by all members of the Chapter on request by the Business Manager or designee.
Section 6 – Each such Chapter shall be autonomous in the management and expense of its own affairs and shall, in matters peculiar to the Chapter, have no right to the funds of this Association nor shall it incur any debt in the name of this Association without prior written approval of the Executive Council.
ARTICLE 8 – Officers – Executive Committee
Section 1 – The Officers of the Association shall be Immediate Past President, President, First Vice-President, Second Vice-President, Treasurer and Secretary and shall constitute its Executive Committee.
Section 2 – All Officers shall be Active Members in good standing.
Section 3 – All Officers shall enter upon their official duties as of the first day of July and shall serve for a term of one year or until their successors shall be duly elected and qualified.
Section 4 – The duties of the Officers shall be as follows:
(a) The President shall be the Executive Officer of the Association and shall preside over all meetings of the Association. He/she shall be an ex-officio member of all standing and special committees. He/she shall perform such other duties as usually pertain to the office of the President.
(b) The First Vice-President shall be Chair of the Executive Council and in the absence of the President shall preside at meetings of the Association.
(c) The Second Vice-President shall assume the duties of the First Vice-President in the event of his/her absence.
(d) The Treasurer shall be responsible for receiving and promptly depositing all funds paid to the Association to its credit in a duly authorized Chartered Bank. His/her accounts and books shall at all times be open to the inspection of any member of the Executive Council and the authorized auditor. He/she shall make a report at such times as the Executive Council may require. He/she shall keep the record of membership fees and dues. He/she shall be responsible for the presentation of all bills to the Executive Council for approval. He/she shall be responsible for all correspondence respecting accounts, membership fees and dues and suspensions and expulsions pertaining to the membership fees and dues. The report of the Treasurer for the preceding year shall be presented at the first meeting of the Association following receipt of the auditor’s report.
(e) The Secretary shall keep minutes of the meeting of the Association and of the Executive Council, and shall be custodian of the Constitution and of reports of Special Committees. He/she shall be corresponding Secretary of the Association on all matters except those pertaining to accounts, membership fees and dues, and the authorized correspondence of Special Committees.
(f) The Officers of the Association shall constitute its Executive Committee, answerable to the Executive Council and charged with such duties and powers of day-to-day administration as may be conferred upon it by that Council.
ARTICLE 9 – Executive Council
Section 1 – The Executive Council shall consist of the Executive Committee and in addition the immediate Past President, four council members elected from Metropolitan Toronto and one council member elected from each of the authorized Chapters. All members of the Executive Council shall be active members in good standing. In the event that the immediate Past President is unable to serve on this Council, the Association may elect any former President to do so.
Section 2 – The Executive Committee shall hold office for one year, commencing on the first day of July. The remaining executive council shall hold office for two years commencing on the first day of July.
Section 3 – The Executive Council shall be charged with the general administration of the affairs of the Association and the furtherance of its objects.
Section 4 – Fifty percent of the members of the Executive Council shall constitute a quorum.
Section 5 – Special Committees shall be appointed by the President and they shall perform such duties as directed.
ARTICLE 10 – Meetings and Quorum
Section 1 – Unless otherwise directed by the Executive Council, the regular meetings of the Association shall be held on the second Wednesday of each month in the province of Ontario except during January, July, August and September or as published in the Official Journal. Twenty voting members shall be a quorum.
Section 2 – Special meetings may be called by the President with the consent of the Executive Council or by the Secretary upon written petition of twenty voting members, with the location of such meeting being at the discretion of the President.
Section 3 – The Executive Council, fifty percent of whose members shall constitute a quorum, shall meet monthly except during the month of July.
Section 4 – The Out-of-Town meeting will be held in the various chapter locations in the province of Ontario in the month of May unless permission is granted to change the month by the executive council.
ARTICLE 11 – Election of Officers and Council Members
Section 1 – Not later than January 15th of each year the Executive Council shall appoint a Nominating Committee for the election of the Executive Committee and the Executive Council. The Nominating Committee shall consist of the immediate Past President as Chair and the President and First Vice-President.
In the event that one of the above cannot sit on the Nominating Committee, the President shall appoint another member of the Executive Committee to serve.
Section 2 – The elections of the Association’s Executive Committee for the upcoming year shall take place at the Executive Council meeting in March. Nominations shall be addressed to the Chair of the Nominating Committee at any time prior to elections.
The existing members of the Executive Committee shall automatically stand for office. A vacant position/positions to the Executive Committee shall be filled by election of a Council Member.
Section 3 – (a) Not less than two months before the April meeting, the Nominating Committee
shall seek out nominations for election of the Council members for the Toronto area.
(b) It shall also obtain from the various Council members from each Chapter a list of nominations for their respective Chapters.
(c) The Nomination Committee shall report to the Executive Council no less than one month prior to the April meeting with its list of nominations.
(d) No other nominations for the Toronto area shall be made or received as effective unless made in writing and signed by five active members and delivered to the Secretary of the Association not less than fourteen days before the April meeting. As publishing time permits candidates’ names will be published in the official journal.
Section 4 – Each year at the regular O.I.A.A. April meeting held in Toronto, elections are to be held to elect Council members for the next term. The nominations, elections and term of office shall be governed by this Constitution.
Section 5 – Every other designated Chapter shall elect at their May or earlier meeting one member to serve as Council member for the Association. The nominations, elections and term of office shall be governed by the Chapter’s own Constitution. The council member once elected shall abide by this Constitution.
Section 6 – Voting shall unless otherwise decided by motion carried at the meeting at which election takes place, be by secret ballot by the Executive and Council Members present and in any case a simple majority shall be sufficient to achieve election.
Section 7 – If after the election there occurs a vacancy in the Executive Council, the designated Chapter or Metropolitan Toronto, as the case may be shall hold a by-election in the normal process to elect a replacement. In the event of a vacancy occurring on the Executive Committee, it shall be filled by a person eligible from Executive Council and shall be appointed by majority vote at the next Executive Meeting.
ARTICLE 12 – Auditor and Business Manager
The auditor for the ensuing fiscal year shall be approved by the executive council at each May meeting of the Association. He/she shall not be a member of the Association.
A Business Manager shall be a salaried employee of the Association appointed by the Executive Council of the Association. Elected officers of the Association may, with the approval of the Executive Council delegate such responsibilities as they see fit to the Business Manager but the elected Officer shall remain responsible for such duties and shall report to the Executive Council in respect of them.
ARTICLE 13 – Revenue
Section 1 – The annual dues payable by all members shall be payable with application and thereafter on or before the first of September in each year.
Section 2 – Revenue from sources other than those defined in this article may be raised as recommended by the Executive Council and approved by the Association.
Section 3 – The fiscal year of the Association shall begin on the first day of August in each year.
Section 4 – The Association’s books of account shall be audited at least once a year.
Section 5 – The Executive Council shall designate the official bank.
Section 6 – Cheques drawn upon the bank account of the Association shall be signed by any two of the following – Treasurer, President, First Vice-President, Second Vice-President.
Section 7 – The Executive Council may in any special case waive the payment of dues by any member.
ARTICLE 14 – Official Journal
The Official Journal of the Association shall be the magazine, “Without Prejudice”, with editors appointed by the Association. It shall record the activities of the Association and matters of general interest to the members. It shall publish all notices of motions and notice of all regular meetings.
ARTICLE 15 – Crest & Logo
The Official crest of the Association shall be as at present in use, namely:
Surmounting a shield on a field azure maple leaf or charged Dexter chief and sinister base, a bend sinister or; a scroll or bearing device azure “Justitia Omnibus”, a crested king’s helmet; the whole superimposed upon crossed lances.
No use of or reproduction in any form of that crest shall be allowed without written consent of the Executive Council.
The official logo of the Association shall be a white or blue stylized capital letter O embracing an outline of the Province of Ontario, coloured blue or white, horizontally followed by the capital letters I.A.A. coloured white or blue.
ARTICLE 16 – Order of Meeting
The order of meeting shall be, unless otherwise ordered as follows:
Call to Order.
Approval of the Minutes of the Previous Meeting.
Introduction of Visitors and New Members.
Programme.
Reports of Committees.
Unfinished Business.
New Business.
Adjournment.
ARTICLE 17 – Dissolution
Section 1 – The Association may be dissolved only after due Notice of Motion in writing for such dissolution has been given at a preceding regular meeting but may not be dissolved in the event of fifteen or more voting members opposing the dissolution.
Section 2 – A motion to dissolve the Association shall be made at one of the two regular meetings next succeeding that at which the Notice of Motion is given.
Section 3 – In event of dissolution of the Association, the disposal of funds in the Treasury shall be voted upon at the last regular meeting.
ARTICLE 18 – Amendment of Constitution or Rules of Order
Section 1 – The Constitution or Rules of Order may be amended by a two-thirds vote of the voting members present at any regular meeting, provided that Notice of Motion has been given in writing at a preceding regular meeting and/or been published in the previous month’s issue of the Official Journal.
Section 2 – The motion to amend the Constitution or Rules of Order shall be made at one of the two business meetings next succeeding that at which the Notice of Motion is given.
ARTICLE 19 – Privacy Policy
Section 1 – The officers of the association known as the executive committee shall be the privacy officers for the association.
Section 2 – The Association’s privacy policy shall be made available to anyone requesting a copy. The privacy policy shall be displayed on the association’s web site.
RULES OF ORDER
1. The President or in his/her absence the First Vice-President or, in the absence of both, the Second Vice-President, shall open and close the meeting at the time directed. In the absence of such officers, a Chair pro tem shall be chosen by the Association.
2. The President shall be privileged to debate on all subjects on calling any member to the Chair.
3. No motion to amend the minutes shall be admissible unless there are omissions or errors of fact.
4. Any member who wishes to speak shall rise, respectfully address the Chair and await his/her recognition before proceeding. He/she shall confine himself/herself to the question under discussion and avoid personalities.
5. If two or more members rise to speak at the same time, the Chair shall decide who may speak first.
6. No member shall speak more than twice on any substantive motion and once on each of the amendments to the motion without first asking and obtaining permission from the Chair.
7. A motion must be moved, seconded and stated from the Chair before it is open to debate.
8. When a motion or resolution has been moved, seconded and stated by the Chair, it may be withdrawn by the mover only with the consent of the seconder and of the Chair.
9. No person may speak to any motion after the vote on it has been taken.
10. A motion shall be placed in writing if any member demands it.
11. No member shall vote on any question in the result of which he/she only is financially interested.
12. When a member is called to order he/she shall sit down until the point of order is decided.
13. An appeal may at all times be made from the decision of the Chair. The Chair shall then put the question: “Shall the decision of the Chair stand as the judgment of the Association?” two-thirds majority being necessary to sustain the appeal.
14. Member moving the adjournment of the meeting shall be allowed to speak for not more than ten minutes each.
15. The previous question may be moved on a substantive motion either before or after it has been amended, unless it shall appear to the Chair that such motion is an abuse of the Rules of the Association and an infringement on the rights of the minority. After the previous question has been stated, no amendment shall be entertained, all debate shall cease, and the Association shall proceed forthwith to vote. Should the motion be defeated, there shall be no further discussion of the original motion or amendments if any, during that meeting.
16. Any of the above Rules may be suspended for any length of time not to exceed one meeting, by a two-thirds vote of the members present.
17. “Robert’s Rules of Order” shall be the authority to decide all questions not provided for in these rules.
Amended, 1956
Amended, 1968
Amended, 1972
Amended, 1978
Amended, 1987
Amended, 1993
Amended, 1998
Amended, 2000
Amended, 2002
Amended, 2004
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