Information Technology Activities (Canadian Societies) Regulations (SOR/2003-63)

Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act

Act means the Insurance Companies Act. (Loi)

balance sheet value

balance sheet value, in respect of the shares and ownership interests held by an entity, means the value reported on its balance sheet on an unconsolidated basis. (valeur au bilan)

book value

book value[Repealed, SOR/2008-168, s. 19]

Investments

Marginal note:Prescribed activity

• 2 (1) For the purposes of paragraph 554(2)(f) of the Act and subject to subsections (2) and (3), a prescribed activity in relation to an entity is developing, designing, holding, managing, manufacturing, selling or otherwise dealing with any data transmission system, information site, communication device or information platform or portal that is used to provide information services.

• Marginal note:Limit on size of investment

  (2) A society may not acquire control of, or hold, acquire or increase a substantial investment in, an entity engaging in an activity described in subsection (1) if the sum of the following exceeds 5% of the society’s regulatory capital:

  • (a) the aggregate balance sheet value of the shares and ownership interests that the society and its subsidiaries, whether individually or jointly, would acquire in the entity under paragraph 554(2)(f) of the Act,

  • (b) the aggregate balance sheet value of the shares and ownership interests held by the society and its subsidiaries, whether individually or jointly, in entities engaging in an activity described in subsection (1) that the society holds control of, or a substantial investment in, under paragraph 554(2)(f) of the Act, and

  • (c) the aggregate value of outstanding loans made by the society and its subsidiaries, whether individually or jointly, to entities engaging in an activity described in subsection (1) that the society holds control of, or a substantial investment in, under paragraph 554(2)(f) of the Act.

• Marginal note:Restricted activities

  (3) A society may not acquire control of, or hold, acquire or increase a substantial investment in, an entity engaging in an activity described in subsection (1) if the entity engages in the business of accepting deposit liabilities or if the activities of the entity include

  • (a) activities that a company is not permitted to engage in under any of sections 466 and 469 of the Act or that a property and casualty company is not permitted to engage in under section 478 of the Act;

  • (b) any financial intermediary activity that exposes the entity to material market or credit risk, including the activities of a finance entity, a factoring entity and a financial leasing entity;

  • (c) the activities of a specialized financing entity;

  • (d) dealing in securities, except as may be permitted under paragraph 554(2)(e) of the Act or as may be permitted to a company under paragraph 440(2)(b) of the Act;

  • (e) dealing in goods, wares or merchandise that a company is not permitted to deal in under subsection 441(3) of the Act, other than as permitted under subsection (1);

  • (f) acquiring control of or acquiring or holding a substantial investment in another entity unless

    • (i) in the case of an entity that is controlled by the society, the society itself would be permitted under Part XII of the Act to acquire a substantial investment in the other entity, or

    • (ii) in the case of an entity that is not controlled by the society, the society itself would be permitted to acquire a substantial investment in the other entity under subsection 552(2), paragraph 552(3)(b) or (c) or subsection 554(1) or (2) of the Act; or

  • (g) any activity prescribed under paragraph 554(3)(e) of the Act.

Exemption from Restrictions on Investments

Marginal note:Exemption from restrictions

3 For the purposes of subparagraph 2(3)(f)(ii), subsections 554(4) and (5) of the Act do not apply in determining whether a society would be permitted to acquire a substantial investment in an entity under subsection 552(2), paragraph 552(3)(b) or (c) or subsection 554(1) or (2) of the Act.

Coming into Force

Marginal note:Coming into force

4 These Regulations come into force on the day on which they are registered.