Insurance Companies Act

Marginal note:Prohibited names

• 575 (1) No order shall be made approving the insuring in Canada of risks by a body corporate where the name under which the body corporate is to insure risks

  • (a) is prohibited by an Act of Parliament;

  • (b) is, in the opinion of the Superintendent, deceptively misdescriptive;

  • (c) is the same as or, in the opinion of the Superintendent, substantially the same as or confusingly similar to, any existing trade-mark, trade name or corporate name of a body corporate, except where

    • (i) the trade-mark or trade name is being changed or the body corporate is being dissolved or is changing its corporate name, and

    • (ii) consent to the use of the trade-mark, trade name or corporate name is signified to the Superintendent in such manner as the Superintendent may require;

  • (d) is the same as or, in the opinion of the Superintendent, substantially the same as or confusingly similar to, the known name under or by which any entity carries on business or is identified; or

  • (e) is reserved under section 45 for a company or society or proposed company or society.

• Marginal note:Affiliated company

  (2) Notwithstanding subsection (1), an order may be made by the Superintendent approving the insuring in Canada of risks by a body corporate under a name that is the same or substantially the same as that of an entity with which the body corporate is affiliated, within the meaning of subsection 6(2), if that other entity consents to the use of the name.

• Marginal note:Representations to Superintendent

  (3) Before deciding not to make an order referred to in subsection (1) for one of the reasons specified in that subsection, the Superintendent shall, by a notice in writing to that effect, give the body corporate and any other interested party an opportunity to make representations.