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Version of document from 2006-03-22 to 2009-12-31:

Property and Casualty Companies Borrowing Regulations

SOR/92-281

INSURANCE COMPANIES ACT

Registration 1992-05-14

Regulations Respecting Debt Obligations and the Issuance of Shares by Property and Casualty Companies

P.C. 1992-1036  1992-05-14

His Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to the definition total assets in subsection 2(1) and sections 476 and 703 of the Insurance Companies ActFootnote *, is pleased hereby to make the annexed Regulations respecting debt obligations and the issuance of shares by property and casualty companies, effective June 1, 1992.

Short Title

 These Regulations may be cited as the Property and Casualty Companies Borrowing Regulations.

Interpretation

 In these Regulations, Act means the Insurance Companies Act. (Loi)

Prescribed Subsidiaries

 For the purposes of section 476 of the Act, a prescribed subsidiary of a property and casualty company is a subsidiary of the property and casualty company other than a subsidiary that is a financial institution that is not engaged in the insuring of property and casualty risks.

Debt Obligation

 For the purposes of section 476 of the Act, debt obligation has the meaning assigned to that expression by subsection 2(1) of the Act.

Manner of Determining Total Debt Obligations

 For the purposes of section 476 of the Act, the aggregate of the total debt obligations of a property and casualty company is the aggregate of

  • (a) the debt obligations of the property and casualty company, and

  • (b) any debt obligations of the prescribed subsidiaries of the property and casualty company that are not held by the property and casualty company,

less the total of the stated capital of the property and casualty company.

Total Assets

 For the purposes of section 476 of the Act, total assets, in respect of a property and casualty company, at a particular time, means the total of the assets of the property and casualty company that would be reported on the balance sheet of the property and casualty 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, less the total of the assets, determined in the same manner, of any subsidiary of the property and casualty company that is not a prescribed subsidiary.

  • SOR/94-67, s. 6

Prescribed Percentage of Total Assets

 For the purposes of section 476 of the Act, the prescribed percentage of the total assets of a property and casualty company is two per cent.


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