Trust and Loan Companies Act

Marginal note:Restriction on insurance business

• 416 (1) A company shall not undertake the business of insurance except to the extent permitted by this Act or the regulations.

• Marginal note:Restriction on acting as agent

  (2) A company shall not act in Canada as agent for any person in the placing of insurance and shall not lease or provide space in any branch in Canada of the company to any person engaged in the placing of insurance.

• Marginal note:Regulations

  (3) The Governor in Council may make regulations respecting the matters referred to in subsection (1) and regulations respecting relations between companies and

  • (a) entities that undertake the business of insurance; or

  • (b) insurance agents or insurance brokers.

• Marginal note:Saving

  (4) Nothing in this section precludes a company from

  • (a) requiring insurance to be placed by a borrower for the security of the company; or

  • (b) obtaining group insurance for its employees or the employees of any bodies corporate in which it has a substantial investment pursuant to section 453.

• Marginal note:No pressure

  (5) No company shall exercise pressure on a borrower to place insurance for the security of the company in any particular insurance company, but a company may require that an insurance company chosen by a borrower meet with its approval, which shall not be unreasonably withheld.

• Definition of business of insurance

  (6) In this section, business of insurance includes

  • (a) the issuance of any annuity if the liability in respect of the annuity is contingent on the death of a person; and

  • (b) the issuance of any debt obligation, any of whose terms and conditions are established on the basis of mortality considerations, under which the issuer is obliged to make periodic payments.