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

Act current to 2021-02-15 and last amended on 2019-06-17. Previous Versions

PART XIIIForeign Companies (continued)

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

Miscellaneous

Marginal note:Prepayment protected

  •  (1) A foreign company shall not include in its assets in Canada any loan to a natural person that is repayable in Canada, the terms of which prohibit prepayment of the money advanced or any instalment thereon before its due date.

  • Marginal note:Non-application of subsection (1)

    (2) Subsection (1) does not apply in respect of a loan

    • (a) that is secured by a mortgage on real property; or

    • (b) that is made for business purposes and the principal amount of which is more than $100,000 or such other amount as may be prescribed.

  • 1991, c. 47, s. 606
  • 1997, c. 15, s. 313

Marginal note:Regulations — activities

 The Governor in Council may make regulations respecting any matters involving a foreign company’s dealings, or its employees’ or representatives’ dealings, with customers or the public, including

  • (a) what a foreign company may or may not do in carrying out any of the activities in which it is permitted to engage, or in providing any of the services that it may provide, under this Act and any ancillary, related or incidental activities or services; and

  • (b) the time and place at which and the form and manner in which any of those activities are to be carried out or any of those services are to be provided.

  • 2009, c. 2, s. 286
  • 2012, c. 5, s. 151

Marginal note:Regulations re customer information

 The Governor in Council may make regulations

  • (a) requiring a foreign company to establish procedures regarding the collection, retention, use and disclosure of any information about its customers in Canada or any class of customers in Canada;

  • (b) requiring a foreign company to establish procedures for dealing with complaints made by a customer in Canada about the collection, retention, use or disclosure of information about the customer;

  • (c) respecting the disclosure by a foreign company of information relating to the procedures referred to in paragraphs (a) and (b);

  • (d) requiring a foreign company to designate the officers and employees of the company who are responsible for

    • (i) implementing the procedures referred to in paragraph (b), and

    • (ii) receiving and dealing with complaints made by a customer, in Canada, of the foreign company about the collection, retention, use or disclosure of information about the customer;

  • (e) requiring a foreign company to report information relating to

    • (i) complaints made by its customers in Canada about the collection, retention, use or disclosure of information, and

    • (ii) its actions taken to deal with the complaints; and

  • (f) defining information, collection and retention for the purposes of paragraphs (a) to (e) and the regulations made under those paragraphs.

  • 1991, c. 47, s. 607
  • 1997, c. 15, s. 314

Marginal note:Regulations re disclosure

 The Governor in Council may, subject to any other provisions of this Act relating to the disclosure of information, make regulations respecting the disclosure of information by foreign companies or any prescribed class of foreign companies, including regulations respecting

  • (a) the information that must be disclosed, including information relating to

    • (i) any product or service or prescribed class of products or services offered by them,

    • (ii) any of their policies, procedures or practices relating to the offer by them of any product or service or prescribed class of products or services,

    • (iii) anything they are required to do or to refrain from doing under a consumer provision, and

    • (iv) any other matter that may affect their dealings, or their employees’ or representatives’ dealings, with customers or the public;

  • (b) the time and place at which, the form and manner in which and the persons to whom information is to be disclosed; and

  • (c) the content and form of any advertisement by foreign companies or any prescribed class of foreign companies relating to any matter referred to in paragraph (a).

  • 2001, c. 9, s. 445
  • 2007, c. 6, s. 283
  • 2012, c. 5, s. 152

Marginal note:Provisions that do not apply

  •  (1) Sections 598 to 607.1 do not apply in respect of a foreign company if

    • (a) the order made under subsection 574(1) in respect of the foreign company restricts it to the reinsurance of risks within a class of insurance specified in the order;

    • (b) the foreign company has provided the Commissioner with a declaration stating that it is not dealing with a prescribed group of consumers; and

    • (c) after providing the declaration, the foreign company continues to not deal with that prescribed group.

  • Marginal note:Notice if action taken that causes provisions to apply

    (2) The foreign company must give notice to the Commissioner if it subsequently deals with the prescribed group referred to in the declaration.

  • 2007, c. 6, s. 284
 
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