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Investment Limits (Insurance Companies) Regulations (SOR/2001-396)

Regulations are current to 2022-09-11 and last amended on 2011-09-22. Previous Versions

Investment Limits (Insurance Companies) Regulations

SOR/2001-396

INSURANCE COMPANIES ACT

Registration 2001-10-04

Investment Limits (Insurance Companies) Regulations

P.C. 2001-1767  2001-10-04

Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to sections 494aFootnote a, 509Footnote a and 1021Footnote b of the Insurance Companies ActFootnote c, hereby makes the annexed Investment Limits (Insurance Companies) Regulations.

Interpretation

Marginal note:Definitions

 The following definitions apply in these Regulations.

Act

Act means the Insurance Companies Act. (Loi)

designated entity

designated entity, in respect of a company, means an entity other than

  • (a) a joint venture;

  • (b) a financial institution;

  • (c) a bank holding company;

  • (d) an insurance holding company;

  • (e) a subsidiary of a financial institution, other than where the subsidiary is a subsidiary of a financial institution only because it is a subsidiary of the company; or

  • (f) a subsidiary of a bank holding company or insurance holding company. (entité désignée)

insurance company

insurance company means an insurance company incorporated by or under the laws of Canada or a province. (société d’assurances)

joint venture

joint venture means a real property entity

  • (a) that was formed by a company, or by a designated entity controlled by a company, and one or more other persons for the purpose of a specific business undertaking;

  • (b) in which the company or designated entity has a substantial investment; and

  • (c) in respect of which the persons who formed it have agreed on joint control, regardless of the distribution of their equity. (coentre­prise)

minority interest

minority interest means an equity interest, in an entity that is controlled by a company, that is held by a person other than

  • (a) the company; or

  • (b) an entity controlled by the company. (participation minoritaire)

real property entity

real property entity means an entity that is primarily engaged in holding, managing or otherwise dealing with

  • (a) real property;

  • (b) shares of a body corporate that is primarily engaged in holding, managing or otherwise dealing with real property, including shares of a body corporate that is another real property entity; or

  • (c) ownership interests in an unincorporated entity that is primarily engaged in holding, managing or otherwise dealing with real property, including ownership interests in an unincorporated entity that is another real property entity. (entité immobilière)

related real property entity

related real property entity, in respect of a company, means

  • (a) a real property entity, other than a designated entity controlled by the company, in which the company or a designated entity controlled by the company beneficially owns sufficient shares or ownership interests to cause the company or designated entity to have a substantial investment in the real property entity; or

  • (b) a real property entity that is controlled by a real property entity described in paragraph (a). (entité immobilière apparentée)

securities dealer

securities dealer means an entity described in paragraph (g) of the definition financial institution in subsection 2(1) of the Act. (négociant en valeurs mobilières)

third party

third party, in respect of a company, means a person other than

  • (a) the company;

  • (b) a designated entity controlled by the company; or

  • (c) a related real property entity of the company. (tierce partie)

total assets

total assets, in respect of a company, at a particular time, means the amount determined by the formula

A - B

where

A
is the total of the assets that would be reported on the balance sheet of the company prepared as at that time in accordance with the accounting principles and specifications of the Superintendent referred to in subsection 331(4) of the Act; and
B
is the total of all amounts each of which is an amount included in the value of A that is in respect of an asset of a subsidiary of the company, if that subsidiary is
  • (a) a financial institution,

  • (b) a bank holding company,

  • (c) an insurance holding company,

  • (d) a subsidiary of a financial institution, other than where the subsidiary is a subsidiary of a financial institution only because it is a subsidiary of the company, or

  • (e) a subsidiary of a bank holding company or an insurance holding company. (actif total)

Marginal note:Book value of interest in real property

 For the purposes of sections 8 to 11, the book value of an asset that is an interest of a company in real property, at a particular time, is

  • (a) if the asset is real property, the gross book value of the real property, less any accumulated depreciation on the real property, that would be reported on a balance sheet of the company prepared as at that time in accordance with the accounting principles and specifications of the Superintendent referred to in subsection 331(4) of the Act; and

  • (b) if the asset is a security or loan, the book value of the security or loan that would be reported on a balance sheet of the company prepared as at that time in accordance with the accounting principles and specifications of the Superintendent referred to in subsection 331(4) of the Act.

Exemptions

Marginal note:Exempt companies

 Sections 506 to 508 of the Act do not apply to

  • (a) a mutual company having an aggregate of surplus and minority interests of five billion dollars or more; or

  • (b) a company, other than a mutual company, if it

    • (i) is widely held and has equity of five billion dollars or more, or

    • (ii) has equity of five billion dollars or more and is controlled by

      • (A) a widely held bank holding company,

      • (B) a widely held insurance holding company,

      • (C) an eligible financial institution, as defined in section 370 of the Bank Act, other than a foreign bank as defined in section 2 of that Act, or

      • (D) a foreign bank, as defined in section 2 of the Bank Act, that is widely held as defined in section 2.3 of that Act.

Prescribed Subsidiary

Marginal note:Prescribed subsidiary

 For the purposes of sections 506 to 508 of the Act, a prescribed subsidiary of a company is any subsidiary of the company, except where that subsidiary is

  • (a) a financial institution;

  • (b) a bank holding company;

  • (c) an insurance holding company;

  • (d) a subsidiary of a financial institution, other than where the subsidiary is a subsidiary of a financial institution only because it is a subsidiary of the company; or

  • (e) a subsidiary of a bank holding company or insurance holding company.

Amount Determined

Marginal note:Amount determined — real property

  •  (1) For the purpose of section 506 of the Act, the amount determined in respect of a company referred to in that section is

    • (a) if the company is a life company, the total of

      • (i) 70% of the amount determined under subsection (4),

      • (ii) 15% of the liabilities of the company in respect of life insurance policies that are not participating policies,

      • (iii) 25% of the liabilities of the company in respect of life insurance policies that are participating policies, and

      • (iv) 5% of the liabilities of the company in respect of

        • (A) all life annuities, whether or not for a guaranteed term, in respect of which the company has contracted with the annuitant to make regular periodic payments of defined amounts,

        • (B) all annuities in respect of which the company has guaranteed a rate of interest for a term of more than 10 years after the date on which the contract is entered into,

        • (C) all group long-term disability annuities in respect of which the company has contracted with the annuitant to make regular periodic payments of defined amounts to retirement age, and

        • (D) all other disability annuities in respect of which the company has contracted with the annuitant to make regular periodic payments of defined amounts

          • (I) while the disability of the annuitant continues, to age 65, or

          • (II) for life; and

    • (b) if the company is a property and casualty company or a marine company, 10% of its total assets.

  • Marginal note:Amount determined — equity

    (2) For the purpose of section 507 of the Act, the amount determined in respect of a company referred to in that section is

    • (a) if the company is a life company, the total of

      • (i) 70% of the amount determined under subsection (4),

      • (ii) 15% of the liabilities of the company in respect of life insurance policies that are not participating policies,

      • (iii) 25% of the liabilities of the company in respect of life insurance policies that are participating policies, and

      • (iv) 5% of the liabilities of the company in respect of

        • (A) all life annuities, whether or not for a guaranteed term, in respect of which the company has contracted with the annuitant to make regular periodic payments of defined amounts,

        • (B) all annuities in respect of which the company has guaranteed a rate of interest for a term of more than 10 years after the date on which the contract is entered into,

        • (C) all group long-term disability annuities in respect of which the company has contracted with the annuitant to make regular periodic payments of defined amounts to retirement age, and

        • (D) all other disability annuities in respect of which the company has contracted with the annuitant to make regular periodic payments of defined amounts

          • (I) while the disability of the annuitant continues, to age 65, or

          • (II) for life; and

    • (b) if the company is a property and casualty company or a marine company, 25% of its total assets.

  • Marginal note:Amount determined — aggregate limit

    (3) For the purpose of section 508 of the Act, the amount determined in respect of a company referred to in that section is

    • (a) if the company is a life company, the total of

      • (i) 100% of the amount determined under subsection (4),

      • (ii) 20% of the liabilities of the company in respect of life insurance policies that are not participating policies,

      • (iii) 40% of the liabilities of the company in respect of life insurance policies that are participating policies, and

      • (iv) 5% of the liabilities of the company in respect of

        • (A) all life annuities, whether or not for a guaranteed term, in respect of which the company has contracted with the annuitant to make regular periodic payments of defined amounts,

        • (B) all annuities in respect of which the company has guaranteed a rate of interest for a term of more than 10 years after the date on which the contract is entered into,

        • (C) all group long-term disability annuities in respect of which the company has contracted with the annuitant to make regular periodic payments of defined amounts to retirement age, and

        • (D) all other disability annuities in respect of which the company has contracted with the annuitant to make regular periodic payments of defined amounts

          • (I) while the disability of the annuitant continues, to age 65, or

          • (II) for life; and

    • (b) if the company is a property and casualty company or a marine company, 35% of its total assets.

  • Marginal note:Amount determined for subsections (1) to (3)

    (4) For the purposes of subparagraphs (1)(a)(i), (2)(a)(i) and (3)(a)(i), the amount determined under this subsection in respect of a company is the amount determined under the formula

    A - B

    where

    A
    is the regulatory capital of the company; and
    B
    is the total of
    • (a) all amounts each of which is included in the regulatory capital of the company and is

      • (i) the excess of the total assets of any financial institution, bank holding company or insurance holding company controlled by the company, or of any entity controlled by a financial institution, bank holding company or insurance holding company controlled by the company, over the total liabilities (including deferred taxes and subordinated indebtedness) of the financial institution, bank holding company, insurance holding company or entity,

      • (ii) an amount equal to the total deferred realized capital gains less the total deferred realized capital losses from real estate and share transactions of a financial institution referred to in subparagraph (i) that is a life company, or

      • (iii) the amount of subordinated indebtedness issued by a financial institution, bank holding company, insurance holding company or entity referred to in subparagraph (i);

    • (b) all amounts each of which is the amount of a minority interest in a financial institution, bank holding company or insurance holding company controlled by the company, or in an entity controlled by a financial institution, bank holding company or insurance holding company controlled by the company, that is included in the regulatory capital of the company;

    • (c) all amounts each of which is the amount of an investment, other than subordinated indebtedness referred to in subparagraph (a)(iii), of the company or a designated entity controlled by the company in a financial institution, bank holding company or insurance holding company controlled by the company, or in an entity controlled by a financial institution, bank holding company or insurance holding company controlled by the company, if the investment is part of

    • (d) all amounts each of which is the amount of a loan, other than subordinated indebtedness referred to in subparagraph (a)(iii), made by the company or by a designated entity controlled by the company to an insurance company or securities dealer controlled by the company, or to an entity controlled by an insurance company or securities dealer controlled by the company, if the loan is part of

      • (i) the regulatory capital, within the meaning of the Regulatory Capital (Insurance Companies) Regulations, of a company, or

      • (ii) the amount that would be treated as the capital of any other insurance company, or of a securities dealer, by a regulatory body that regulates the insurance company or securities dealer.

  • SOR/2009-296, s. 30
  • SOR/2011-196, s. 23(F)
 
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