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
To promote and maintain a high standard of ethics amongst insurance claims professionals.
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.
To deal with issues affecting the business of insurance claims adjusting as a whole.
To hold meetings for the purpose of maintaining fellowship, networking and education.
ARTICLE 3 – Membership
Classification of membership is as follows:
- Active Members shall be those in good standing and character whose principal interest and attention is devoted in a duly qualified manner to adjustment of claims in the province of Ontario on behalf of or employed by insurance companies, self-insurers or government agencies excluding adjusters acting on behalf of the public. They shall be authorized by statute to carry on the above business in the Province of Ontario. They shall have full privileges and powers of the membership.
- Honorary Members shall be all existing honorary members holding such designation prior to April 25, 2008.
- Honorary Life Members shall be those 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.
- Social Members shall be all existing Associate Members holding such designation prior to February 13, 1991 and who continue to retain that designation by payment of annual renewal dues. Social member shall be defined as an individual who is employed in the industry with a connection to claims, but not members as defined by the OIAA constitution as set out in the Classification of Membership a, b, c, d, e, f, g. Members shall pay the set membership fee and be required to keep in good standing. The Social member shall have no voting rights within the OIAA and OIAA chapters, nor are they party to financial information of OIAA or the OIAA chapters. They shall adhere to the governing principles and code of ethics as written in the OIAA Constitution.
- Alumni shall be those who have been in good standing as active members of the association for at least 10 consecutive years and no longer qualify as “Active Members”. They shall retain this designation by annual renewal of dues. The Alumni 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:
- An application for membership shall be submitted with full information concerning the applicant upon the form approved by the Association;
- Each application shall include the signed recommendation of two Active Members in good standing;
- Each application for membership shall be considered by the Executive Council and if passed by a majority vote of the Executive Council, such applicant shall be accepted as a member.
- The names of applicants approved by the Executive Council shall be published in the next succeeding issue of the Official Journal;
Section 2 – 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, excluding abstentions at any regular Executive meeting.
Section 3 – New Members
New Members shall be notified in writing by the Secretary or 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 4 – Retired Members
Shall be a retired active member that no longer is employed in the field of adjusting. Retired members have no voting rights.
Section 5 – Student Members
Shall be students registered and attending an Ontario, post-secondary institution and be enrolled in a recognized Insurance Program. Student members have no voting rights.
ARTICLE 5 – Discipline
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. If the conduct of a member shall be in the opinion of the Executive Council be injurious to the character or the interest of the association, the member shall be subject to an expulsion on a three quarters majority vote of the Executive Council present and voting excluding abstentions. Any person so expelled shall have the right to appeal with written notice to the Executive Council within 90 days of the expulsion. The Executive Council will notify the expelled member of the appeal date to be held at a regular scheduled meeting of the Executive Council. The expulsion shall stand unless overruled by a three quarters majority vote of members present and voting excluding abstentions at such meeting. Any member so expelled will forfeit any rights all interest in any funds or other property belonging to the association. Subsequently, these members may re-apply for membership provided they still qualify under Article 3, Section 2(a).
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.
The Executive Council has the right to remove an Executive Council member by a three quarters majority vote of the Executive Council members present and voting excluding abstentions.
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 – Put interests of the public, employer and association ahead of your own.
- TWO – Promptly and appropriately disclose all information pertinent to the investigation.
- THREE – Protect and secure all information in accordance with privacy laws.
- FOUR – Shall use their full knowledge and ability to perform their duties.
The Adjuster Shall Not
- ONE – Act in any way detrimental to the association or the industry.
- TWO – Profit or acquire any financial interest in any matter entrusted to him/her.
- THREE – Knowingly lend themselves, their names or their services to any unlawful act.
- FOUR – Act outside the scope of their employment.
- FIVE – Advise any claimant to refrain from seeking legal representation or deal with them directly if they have legal representation.
ARTICLE 7 – Chapters
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.
In any authorized district there may be formed by the members of the Association residing or employed 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.
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.
Included in all such Chapter By-laws shall be provision for annual or bi-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.
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 association Treasurer or designee.
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.
Included in all chapter bylaws shall be a provision for dissolution of the chapter.
ARTICLE 8 – Officers – Executive Committee
The Officers of the Association shall be the Immediate Past President, President, First Vice-President, Second Vice-President, Treasurer and Secretary and shall constitute its Executive Committee.
All Officers shall be Active Members in good standing.
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.
The duties of the Officers shall be as follows:
- 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.
- 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.
- The Second Vice-President shall assume the duties of the First Vice-President in the event of his/her absence.
- 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.
- 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.
- 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.
- The Officers of the Association shall recuse themselves from participating in any motion that would be considered a conflict of interest by virtue of personal relationships, business relationships, or those relationships of those of their immediate families. Officers are not permitted to participate in any motion that would result in personal or business gain, or would call the impartiality of the Association into question.
ARTICLE 9 – Executive Council
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 Executive Council may elect any former President to do so.
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.
The Executive Council shall be charged with the general administration of the affairs of the Association and the furtherance of its objects.
Special Committees shall be appointed by the President and they shall perform such duties as directed.
The executive council members of the association shall recuse themselves from participating in any motion that would be considered a conflict of interest by virtue of personal relationships, business relationships, or those relationships of those of their immediate families. Executive Council Members are not permitted to participate in any motion that would result in personal or business gain, or would call the impartiality of the Association into question.
ARTICLE 10 – Meetings and Quorum
Unless otherwise directed by the Executive Council the association will hold its regular meetings in the Toronto area, for the coming fiscal year, as published in the September edition of the Official Journal and on the Associations official website.
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.
The Executive Council, fifty percent of whose members shall constitute a quorum, shall meet monthly except during the month of July. A meeting may take place using appropriate available technology as directed by the Executive Committee.
One meeting per fiscal year will be held in the pre-designated chapter location in the province of Ontario in the month of May unless permission is granted to change the month by the executive council.
Twenty voting members shall be a quorum for regular meetings of the association.
ARTICLE 11 – Election of Officers and Council Members
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.
The elections of the Association’s Executive Committee for the upcoming year shall take place by the Executive Council 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.
- 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.
- It shall also obtain from the various Council members from each Chapter a list of nominations for their respective Chapters.
- The Nomination Committee shall report to the Executive Council no less than one month prior to the April meeting with its list of nominations.
- 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.
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.
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 shall be governed by the Chapter’s own bylaws. The council member once elected shall abide by this Constitution.
Voting shall unless otherwise decided by motion carried at the meeting at which election takes place, be by secret ballot and in any case a simple majority shall be sufficient to achieve election. The chair or his/her designate from the nominating committee shall only vote in the event of a tie.
If after the election there occurs a vacancy in the Executive Council, the designated Chapter or Toronto area, 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 private contractor 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
The annual dues payable by new members shall be payable with applications and thereafter on or before the first of September in each year with their renewal.
Revenue from sources other than those defined in this article may be raised as recommended and approved by the Executive Council.
The fiscal year of the Association shall begin on the first day of August in each year.
The Association’s books of account shall be audited at least once a year.
The Executive Council shall designate the official bank.
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.
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 Executive Council. 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. 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. No use of or reproduction in any form of the crest or the official logo of the Association shall be allowed without written consent of the Executive Council.
ARTICLE 16 – Order of Meeting
Unless otherwise required. The order of meeting shall be:
- Call to Order.
- Approval of the Minutes of the Previous Meeting.
- Introduction of Visitors and New Members.
- Reports of Committees.
- Unfinished Business.
- New Business.
ARTICLE 17 – Dissolution
The Association may be dissolved only after due Notice of Motion in writing for such dissolution has been given at a preceding regular meeting and will be published in the next available issue of the Official Journal.
A vote to consider a motion for dissolving the Association will be held. In order for a motion calling for the dissolution of the Association to pass it must be supported by the majority of the votes cast at a general meeting called for that purpose.
In event of dissolution of the Association, the disposal of funds in the Treasury shall be in accordance with Roberts Rules and the laws of Ontario.
In the event of the dissolution of the Association, the Chapters shall automatically dissolve one day prior to the effective date of the dissolution of the Association.
ARTICLE 18 – Amendment of Constitution
The Constitution may be amended by a two-thirds majority vote of the members present and voting excluding abstentions 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.
The motion to amend the Constitution shall be made at one of the two regular meetings next succeeding that at which the Notice of Motion was published in the Official Journal.
ARTICLE 19 – Rules of Order
- 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, an interim Chair shall be chosen by Executive Council.
- The President shall be privileged to debate on all subjects on calling any member to the Chair.
- No motion to amend the minutes shall be admissible unless there are omissions or errors of fact.
- Any member who wishes to speak shall identify themselves address the Chair and await his/her recognition before proceeding. He/she shall confine himself/herself to the question under discussion and avoid personalities.
- If two or more members rise to speak at the same time, the Chair shall decide who may speak first.
- 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.
- A motion must be moved, seconded and stated from the Chair before it is open to debate.
- 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.
- No person may speak to any motion after the vote on it has been taken.
- A motion shall be placed in writing if any member demands it.
- No member shall vote on any question which he/she have a conflict of interest.
- When a member is called to order he/she shall sit down until the point of order is decided.
- 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.
- Members shall be allowed to speak for not more than ten minutes each.
- 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.
- Any of the above Rules may be suspended for any length of time not to exceed one meeting, by a two-thirds majority vote of the members present and voting excluding abstentions.
- “Robert’s Rules of Order” shall be the authority to decide all questions not provided for or if there is ambiguity in these rules.
The officers of the association known as the executive committee shall be the privacy officers for the association.
- Amended, 1956
- Amended, 1968
- Amended, 1972
- Amended, 1978
- Amended, 1987
- Amended, 1993
- Amended, 1998
- Amended, 2000
- Amended, 2002
- Amended, 2004
- Amended, 2008