Insurance Contracts (continued)
Marginal note:Invalid will
12 (1) An apportionment in an instrument purporting to be a will is not ineffective by reason only of the fact that the instrument is invalid as a will or that the apportionment is invalid as a bequest under the will.
(2) An apportionment in a will is of no effect against a declaration made later than the making of the will.
(3) Where an apportionment is contained in a will and the will is subsequently revoked by operation of law or otherwise, the apportionment is thereby revoked.
(4) Where an apportionment is contained in an instrument that purports to be a will and the instrument, if valid as a will, would subsequently be revoked by operation of law or otherwise, the apportionment is thereby revoked.
- R.S., 1952, c. 49, s. 12
- 1974-75-76, c. 42, s. 7
Marginal note:Where no apportionment is made
13 Where no apportionment is made of the insurance money as hereinbefore provided, all persons interested shall be held to share equally therein.
- R.S., 1927, c. 23, s. 13
Marginal note:Documents affecting title
14 (1) A payment of insurance money made pursuant to this Act before the Superintendent of Financial Institutions receives in Ottawa an instrument or an order of a court affecting the payment of the insurance money or a notarial copy or a copy verified by statutory declaration of the instrument or order discharges Her Majesty from liability under the insurance contract to the extent of the amount paid as if there were no instrument or order.
(2) Subsection (1) does not affect the rights or interests of any person other than Her Majesty.
- R.S., 1952, c. 49, s. 14
- 1974-75-76, c. 42, s. 8
- 1992, c. 1, s. 40
Marginal note:Tables to be constructed
15 (1) The Minister shall cause tables to be constructed fixing the premiums to be paid by the insured to the Minister as the consideration for insurance contracts, and also all other tables necessary for the carrying out of the provisions of this Act.
Marginal note:Basis of same
(2) All such tables shall be based on the H.M. Mortality Table of the Institute of Actuaries of Great Britain, and on a rate of interest of six per cent per annum, and no allowance shall be made for expenses.
Marginal note:Premiums how payable
(3) The tables shall be framed so that the premium to obtain an insurance contract may be paid in one sum, or in annual, semi-annual, quarterly, or monthly instalments, and either during the life of the insured or during a limited period.
- R.S., 1927, c. 23, s. 15
Marginal note:Amount of insurance
16 The minimum and maximum amounts payable at death that may be contracted for under this Act are one thousand dollars and ten thousand dollars, respectively.
- R.S., 1927, c. 23, s. 16
Marginal note:Medical certificate
17 Every applicant for insurance shall furnish with his application a medical certificate in such form as is prescribed by the Minister.
- R.S., 1927, c. 23, s. 17
Marginal note:Designation of beneficiaries
17.1 Despite any other provision of this Act, an insured may, in a declaration, an insurance contract, a will or an instrument purporting to be a will, designate as beneficiary the insured’s child, spouse, common-law partner, father, mother, brother, sister or any other person dependent on the insured, apportioned among them as the insured sees fit.
- 2000, c. 12, s. 79
Marginal note:Regulations by Governor in Council
18 The Governor in Council may, for the purposes of this Act, from time to time make regulations for
(a) regulating the mode and form of making contracts;
(b) prescribing the mode of proving the age, identity, and the existence or death of persons;
(c) prescribing the mode of paying money in connection with insurance contracts;
(d) providing for the payment of the insurance money as an annuity for a term of years certain or for the lifetime of the beneficiary or beneficiaries or otherwise, and prescribing from time to time the tables to be used in the calculations of such annuities;
(e) dispensing with the production of probate of a will or letters of administration, either generally or in any particular class of cases;
(f) prescribing the accounts to be kept and their management;
(g) determining beforehand the cases or classes of cases in which an insurance contract may be surrendered and a cash surrender value paid therefor, or a free or paid-up insurance contract issued instead thereof, and for prescribing the manner in which such cash surrender value or amount of paid-up insurance shall be determined;
(h) determining the cases, not otherwise provided for in this Act, in which a person not originally named as, but who is eligible under this Act to be a beneficiary may be made a beneficiary; and in which an apportionment of the insurance money once made may be varied; and
(i) any other purpose for which it is deemed expedient to make regulations in order to carry this Act into effect.
- R.S., 1952, c. 49, s. 18
- 1974-75-76, c. 42, s. 9
19 [Repealed, 1992, c. 1, s. 41]
Marginal note:Moneys part of Consolidated Revenue Fund
20 Moneys received under this Act form part of the Consolidated Revenue Fund, and moneys payable under this Act are payable out of the Consolidated Revenue Fund.
- R.S., 1927, c. 23, s. 20
Marginal note:Annual reports
21 (1) The Superintendent of Financial Institutions shall, not later than June 30 in each fiscal year, submit to the Minister a statement showing the amount received for premiums during the preceding fiscal year and the amount of all sums paid in connection with insurance contracts during that fiscal year.
(2) The Minister shall cause each statement to be laid before each House of Parliament on any of the first fifteen days on which that House is sitting after the Minister receives it.
- R.S., 1952, c. 49, s. 21
- 1992, c. 1, s. 42
- Date modified: