Insurance Companies Act (S.C. 1991, c. 47)

Act current to 2014-09-01 and last amended on 2014-06-19. Previous Versions

Complaints

Marginal note:Procedures for dealing with complaints
  •  (1) A foreign company shall

    • (a) establish procedures for dealing with complaints made by persons having requested or received products or services in Canada from the foreign company;

    • (b) designate one of its officers or employees in Canada, or an agent in Canada, to be responsible for implementing those procedures; and

    • (c) designate one or more of its officers or employees in Canada, or agents in Canada, to receive and deal with those complaints.

  • Marginal note:Procedures to be filed with Commissioner

    (2) A foreign company shall file with the Commissioner a copy of its procedures established under paragraph (1)(a).

  • Marginal note:How procedures to be made available

    (3) A foreign company shall make its procedures established under paragraph (1)(a) available

    • (a) on its websites through which products or services are offered in Canada; and

    • (b) in written format to be sent to any person who requests them.

  • Marginal note:Information on contacting Agency

    (4) A foreign company shall also make prescribed information on how to contact the Agency available whenever it makes its procedures established under paragraph (1)(a) available under subsection (3).

  • 1991, c. 47, s. 604;
  • 1997, c. 15, s. 311;
  • 2001, c. 9, s. 444;
  • 2007, c. 6, s. 280.
Marginal note:Obligation to be member of complaints body

 In any province, if there is no law of the province that makes a foreign company subject to the jurisdiction of an organization that deals with complaints made by persons having requested or received products or services in the province from a foreign company, the foreign company shall be a member of an organization in Canada that is not controlled by it and that deals with those complaints that have not been resolved to the satisfaction of the persons under procedures established under paragraph 604(1)(a).

  • 2001, c. 9, s. 444;
  • 2007, c. 6, s. 281.
Marginal note:Information on contacting Agency
  •  (1) A foreign company shall, in accordance with the regulations, at the prescribed time and place and in the prescribed form and manner, provide a person in Canada requesting or receiving a product or service in Canada from it with prescribed information on how to contact the Agency if the person has a complaint about an arrangement referred to in subsection 601(3), a payment, credit or charge card referred to in subsection 601(2), the disclosure of or manner of calculating the cost of borrowing in respect of a loan repayable in Canada or an advance on the security or against the cash surrender value of a policy, or about any other obligation of the foreign company under a consumer provision.

  • Marginal note:Report

    (2) The Commissioner shall prepare a report, to be included in the report referred to in section 34 of the Financial Consumer Agency of Canada Act, respecting

    • (a) procedures for dealing with complaints established by foreign companies pursuant to paragraph 604(1)(a); and

    • (b) the number and nature of complaints that have been brought to the attention of the Agency by persons who have requested or received a product or service from a foreign company.

  • 1991, c. 47, s. 605;
  • 1997, c. 15, s. 312;
  • 2001, c. 9, s. 444;
  • 2007, c. 6, s. 282;
  • 2012, c. 5, s. 150.