Information Technology Activities (Life Companies) Regulations

Marginal note:Prescribed activity

• 3 (1) For the purposes of paragraph 495(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 life company 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 life company’s regulatory capital:

  • (a) the aggregate book value of the shares and ownership interests that the life company and its subsidiaries, whether individually or jointly, would acquire in the entity under paragraph 495(2)(f) of the Act;

  • (b) the aggregate book value of the shares and ownership interests held by the life company and its subsidiaries, whether individually or jointly, in entities engaging in an activity described in subsection (1) that the life company holds control of, or a substantial investment in, under paragraph 495(2)(f) of the Act; and

  • (c) the aggregate value of outstanding loans made by the life company and its subsidiaries, whether individually or jointly, to entities engaging in an activity described in subsection (1) that the life company holds control of, or a substantial investment in, under paragraph 495(2)(f) of the Act.

• Marginal note:Restricted activities

  (3) A life company 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, 469 and 475 of the Act;

  • (b) dealing in securities, except as may be permitted under paragraph 495(2)(e) of the Act or as may be permitted to a company under paragraph 440(2)(b) of the Act;

  • (c) 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);

  • (d) activities that a company is not permitted to engage in under any regulation made under section 489 of the Act if the entity engages in the activities of a finance entity or of any other entity prescribed under paragraph 495(3)(c) of the Act;

  • (e) 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 life company, the life company itself would be permitted under Part IX 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 life company, the life company itself would be permitted to acquire a substantial investment in the other entity under subsection 493(2), paragraph 493(3)(b) or (c) or subsection 493(4) or 495(1) or (2) of the Act; or

  • (f) any activity prescribed under paragraph 495(3)(e) of the Act.