Marginal note:Filling vacancy
362. Where a vacancy occurs in the office of actuary of a company, the directors shall forthwith notify the Superintendent of and fill the vacancy.
Marginal note:Statement of actuary
363. An actuary of a company who resigns or whose appointment is revoked shall submit to the directors of the company and the Superintendent a written statement of the circumstances and reasons why the actuary resigned or why, in the actuary’s opinion, the actuary’s appointment was revoked.
Marginal note:Duty of replacement actuary
364. (1) Where an actuary of a company resigns or the appointment of an actuary of a company is revoked, no person shall accept an appointment or consent to be appointed as actuary of the company before requesting and receiving from the other actuary the written statement referred to in section 363.
(2) A person may accept an appointment or consent to be appointed as actuary of a company if no reply is received from the other actuary within fifteen days after a request under subsection (1) is made.
Marginal note:Effect of non-compliance
(3) Unless subsection (2) applies, an appointment as actuary of a company is void if subsection (1) is not complied with.
Valuations and Reports
Marginal note:Actuary’s valuation
365. (1) The actuary of a company shall value
(a) the actuarial and other policy liabilities of the company as at the end of a financial year; and
(b) any other matter specified in any direction that may be made by the Superintendent.
Marginal note:Actuarial practices
(2) The actuary’s valuation shall be in accordance with generally accepted actuarial practice with such changes as may be determined by the Superintendent and any additional directions that may be made by the Superintendent.
Marginal note:Superintendent may appoint actuary
365.1 (1) The Superintendent may appoint an actuary to value the matters referred to in paragraph 365(1)(a) or (b) in relation to a company if the Superintendent is of the opinion that the appointment is necessary. That actuary may not be an actuary of the company.
Marginal note:Expenses payable by company
(2) The expenses incurred in carrying out a valuation under subsection (1) are payable by the company on being approved in writing by the Superintendent.
- 1996, c. 6, s. 77;
- 1997, c. 15, s. 238.
Marginal note:Right to information
366. (1) On the request of the actuary of a company, the present or former directors, officers, employees or representatives of the company shall, to the extent that they are reasonably able to do so,
(a) permit access to such records held by the company, and
(b) provide such information and explanations
as are, in the opinion of the actuary, necessary to enable the actuary to perform the duties of actuary of the company.
Marginal note:No civil liability
(2) A person who in good faith makes an oral or written communication under subsection (1) shall not be liable in any civil action arising from having made the communication.
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