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Insurance Companies Act (S.C. 1991, c. 47)

Act current to 2021-06-03 and last amended on 2019-06-17. Previous Versions

PART XVIIInsurance Holding Companies (continued)

DIVISION 10Adequacy of Capital and Liquidity

Marginal note:Adequacy of capital and liquidity

  •  (1) An insurance holding company shall, in relation to its business, maintain

    • (a) adequate capital, and

    • (b) adequate and appropriate forms of liquidity,

    and comply with any regulations in relation to capital and liquidity.

  • Marginal note:Regulations and guidelines

    (2) The Governor in Council may make regulations and the Superintendent may make guidelines respecting the maintenance by an insurance holding company of adequate capital and adequate and appropriate forms of liquidity.

  • Marginal note:Directives

    (3) Even if an insurance holding company is complying with regulations or guidelines made under subsection (2), the Superintendent may, by order, direct the insurance holding company

    • (a) to increase its capital; or

    • (b) to provide additional liquidity in such forms and amounts as the Superintendent may require.

  • Marginal note:Compliance

    (4) An insurance holding company shall comply with an order made under subsection (3) within the time specified by the Superintendent in the order.

  • 2001, c. 9, s. 465

DIVISION 11Regulation of Insurance Holding Companies

Supervision

Returns

Marginal note:Required information

 An insurance holding company shall provide the Superintendent with such information, at such times and in such form as the Superintendent may require.

  • 2001, c. 9, s. 465

Marginal note:Names of directors and auditors

  •  (1) An insurance holding company shall, within thirty days after each annual meeting of the insurance holding company, provide the Superintendent with a return showing

    • (a) the name, residence and citizenship of each director holding office immediately following the meeting;

    • (b) the mailing address of each director holding office immediately following the meeting;

    • (c) the bodies corporate of which each director referred to in paragraph (a) is an officer or director and the firms of which each director is a member;

    • (d) the names of the directors referred to in paragraph (a) who are officers or employees of the insurance holding company or any affiliate of the insurance holding company, and the positions they occupy;

    • (e) the name of each committee of the insurance holding company on which each director referred to in paragraph (a) serves;

    • (f) the date of expiration of the term of each director referred to in paragraph (a); and

    • (g) the name, address and date of appointment of the auditor of the insurance holding company.

  • Marginal note:Changes

    (2) Where

    • (a) any information relating to a director or auditor of an insurance holding company shown in the latest return made to the Superintendent under subsection (1), other than information referred to in paragraph (1)(c), becomes inaccurate or incomplete,

    • (b) a vacancy in the position of auditor of the insurance holding company occurs or is filled by another person, or

    • (c) a vacancy on the board of directors of the insurance holding company occurs or is filled,

    the insurance holding company shall forthwith provide the Superintendent with such information as is required to maintain the return in a complete and accurate form.

  • 2001, c. 9, s. 465

Marginal note:Copy of by-laws

 An insurance holding company shall send to the Superintendent within thirty days after the coming into effect of a by-law or an amendment to a by-law, a copy of the by-law or amendment.

  • 2001, c. 9, s. 465

Marginal note:Register for insurance holding company

  •  (1) The Superintendent shall, in respect of each insurance holding company, cause a register to be maintained containing a copy of

    • (a) the incorporating instrument of the insurance holding company; and

    • (b) the information referred to in paragraphs 994(1)(a) and (c) to (g) contained in the latest return provided to the Superintendent under section 994.

  • Marginal note:Form

    (2) The register may be maintained in

    • (a) a bound or loose-leaf form or in a photographic film form; or

    • (b) a system of mechanical or electronic data processing or any other information storage device that is capable of reproducing any required information in intelligible written form within a reasonable time.

  • Marginal note:Access

    (3) Persons are entitled to reasonable access to the register and may make copies of or take extracts from the information in it.

  • Marginal note:Evidence

    (4) A statement containing information in the register and purporting to be certified by the Superintendent is admissible in evidence in all courts as proof, in the absence of evidence to the contrary, of the facts stated in the statement without proof of the appointment or signature of the Superintendent.

  • 2001, c. 9, s. 465

Marginal note:Production of information and documents

  •  (1) The Superintendent may, by order, direct a person who controls an insurance holding company or any entity that is affiliated with an insurance holding company to provide the Superintendent with such information or documents that are specified in the order if the Superintendent believes that the production of the information or documents is necessary in order to

    • (a) determine whether the insurance holding company is complying with the provisions of this Act; or

    • (b) ascertain the financial condition of the insurance holding company.

  • Marginal note:Time

    (2) Any person to whom a direction has been issued under subsection (1) shall provide the information or documents specified in the order within the time specified in the order and, where the order does not specify a time, the person shall provide the information or documents within a reasonable time.

  • Marginal note:Exemption

    (3) Subsection (1) does not apply in respect of an entity that controls an insurance holding company or is affiliated with an insurance holding company where that entity is a financial institution regulated

    • (a) by or under an Act of Parliament; or

    • (b) by or under an Act of the legislature of a province where the Superintendent has entered into an agreement with the appropriate official or public body responsible for the supervision of financial institutions in that province concerning the sharing of information on such financial institutions.

  • 2001, c. 9, s. 465

Marginal note:Confidential information

  •  (1) All information regarding the business or affairs of an insurance holding company, or regarding a person dealing with an insurance holding company, that is obtained by the Superintendent, or by any person acting under the direction of the Superintendent, as a result of the administration or enforcement of any Act of Parliament, and all information prepared from that information, is confidential and shall be treated accordingly.

  • Marginal note:Disclosure permitted

    (2) Nothing in subsection (1) prevents the Superintendent from disclosing any information

    • (a) to any government agency or body that regulates or supervises financial institutions, for purposes related to that regulation or supervision,

    • (b) to any other agency or body that regulates or supervises financial institutions, for purposes related to that regulation or supervision,

    • (c) to the Canada Deposit Insurance Corporation or any compensation association designated by order of the Minister pursuant to subsection 449(1), for purposes related to its operation, and

    • (d) to the Deputy Minister of Finance or any officer of the Department of Finance authorized in writing by the Deputy Minister of Finance or to the Governor of the Bank of Canada or any officer of the Bank of Canada authorized in writing by the Governor of the Bank of Canada, for the purposes of policy analysis related to the regulation of financial institutions,

    if the Superintendent is satisfied that the information will be treated as confidential by the agency, body or person to whom it is disclosed.

  • 2001, c. 9, s. 465
 
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