Vol. 145, No. 7 — February 12, 2011

ARCHIVED — Regulations Amending the Insurance Business (Trust and Loan Companies) Regulations

Statutory authority

Trust and Loan Companies Act

Sponsoring department

Department of Finance

REGULATORY IMPACT ANALYSIS STATEMENT

For the Regulatory Impact Analysis Statement, see Regulations Amending the Insurance Business (Banks and Bank Holding Companies) Regulations.

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to section 416 of the Trust And Loan Companies Act (see footnote a), proposes to make the annexed Regulations Amending the Insurance Business (Trust And Loan Companies) Regulations.

Interested persons may make representations concerning the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Jane Pearse, Director, Financial Institutions Division, Department of Finance, L’Esplanade Laurier, 15th Floor, East Tower, 140 O’Connor Street, Ottawa, Ontario K1A 0G5 (tel.: 613-992-1631; fax: 613-943-1334; email: finlegis@fin.gc.ca).

Ottawa, February 3, 2011

JURICA ČAPKUN
Assistant Clerk of the Privy Council

REGULATIONS AMENDING THE INSURANCE BUSINESS
(TRUST AND LOAN COMPANIES) REGULATIONS

AMENDMENTS

1. Section 2 of the Insurance Business (Trust And Loan Companies) Regulations (see footnote 1) is amended by adding the following in alphabetical order:

“company web page” means a web page that a company uses to carry on business in Canada, including any information provided by the company that is accessible on a telecommunications device. It does not include a web page that is only accessible by employees or agents of the company; (page Web de société)

2. The Regulations are amended by adding the following after section 2:

2.1 For the purposes of these Regulations, a web page is not a company web page by reason only that the web page provides access to a company web page or promotes the business of a company in Canada.

3. Section 3 of the Regulations is replaced by the following:

3. A company may carry on any aspect of the business of insurance, other than the underwriting of insurance, outside Canada.

4. Subparagraphs 6(b)(i) and (ii) of the Regulations are replaced by the following:

  • (i) all the holders of credit or charge cards issued by the company who regularly receive statements of account or notices of those statements,
  • (ii) all the company’s customers who are natural persons and who regularly receive statements of account or notices of those statements, or

5. Subparagraphs 7(1)(e)(i) and (ii) of the Regulations are replaced by the following:

  • (i) all the holders of credit or charge cards issued by the company who regularly receive statements of account or notices of those statements,
  • (ii) all the company’s customers who are natural persons and who regularly receive statements of account or notices of those statements, or

6. The Regulations are amended by adding the following after section 7:

WEB PROMOTION

7.1 (1) The promotion referred to in paragraph 6(b) may take place on a company web page if it relates to an insurance company, agent or broker that deals only in authorized types of insurance and the promotion referred to in paragraph 7(1)(c) or (e) may take place on a company web page if it relates to an authorized type of insurance.

(2) However, a company shall not, on a company web page, provide access to a web page — directly or through another web page — through which there is promotion of

  • (a) an insurance company, agent or broker that does not deal only in authorized types of insurance; or
  • (b) an insurance policy of an insurance company, agent or broker, or a service in respect of such a policy, that is not of only an authorized type of insurance.

7. Section 10 of the Regulations is replaced by the following:

10. A company shall not carry on business in Canada on premises that are adjacent to the premises of an insurance company, agent or broker unless the company clearly indicates to its customers that its business and the premises on which its business is carried on are separate and distinct from those of the insurance company, agent or broker.

COMING INTO FORCE

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

[7-1-o]

Footnote a
S.C. 1991, c. 45

Footnote 1
SOR/92-331; SOR/2002-270