Insurance Companies Act

Marginal note:Prohibited names

• 575 (1) An order made under subsection 574(1) may not provide for the use of a name that

  • (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 trademark, trade name or corporate name of a body corporate, except where

    • (i) the trademark 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 trademark, trade name or corporate name is signified to the Superintendent in any manner that 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 entity

  (2) Despite subsection (1), an order made under subsection 574(1) may provide for the use of a name that is the same or substantially the same as that of an entity with which the foreign entity 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) If the Superintendent does not make an order for one of the reasons specified in subsection (1), he or she must, by a notice in writing to that effect, give the foreign entity and any other interested party an opportunity to make representations.