Insurance Business (Trust and Loan Companies) Regulations (SOR/92-331)

Promotion

6 A company shall not, in relation to its business in Canada, promote an insurance company, agent or broker unless

• (a) the insurance company, agent or broker deals only in authorized types of insurance; or

• (b) the promotion takes place outside a branch of the company and is directed to

  • (i) all the holders of credit or charge cards issued by the company who regularly receive statements of account or notices of those statements,

  • (ii) all the company’s customers who are natural persons and who regularly receive statements of account or notices of those statements, or

  • (iii) the general public.

• 7 (1) A company shall not, in relation to its business in Canada, promote an insurance policy of an insurance company, agent or broker, or a service in respect of such a policy, unless

  • (a) the policy is of an authorized type of insurance or the service is in respect of such a policy;

  • (b) the policy is to be provided by a corporation without share capital, other than a mutual insurance company or a fraternal benefit society, that carries on business without pecuniary gain to its members and the policy provides insurance to a natural person in respect of the risks covered by travel insurance;

  • (c) the policy is a personal accident insurance policy and the promotion takes place outside a branch of the company;

  • (d) the service is in respect of a policy referred to in paragraph (b) or of a policy referred to in paragraph (c) that is promoted as described in that paragraph; or

  • (e) the promotion takes place outside a branch of the company and is directed to

    • (i) all the holders of credit or charge cards issued by the company who regularly receive statements of account or notices of those statements,

    • (ii) all the company’s customers who are natural persons and who regularly receive statements of account or notices of those statements, or

    • (iii) the general public.

• (2) Notwithstanding subsection (1) and section 6, a company may exclude from a promotion referred to in paragraph (1)(e) or 6(b) persons

  • (a) in respect of whom the promotion would contravene an Act of Parliament or of the legislature of a province;

  • (b) who have notified the company in writing that they do not wish to receive promotional material from the company; or

  • (c) who are holders of a credit or charge card that was issued by the company and in respect of which the account is not in good standing.

Web Promotion

• 7.1 (1) The promotion referred to in paragraph 6(b) may take place on a company web page if it relates to an insurance company, agent or broker that deals only in authorized types of insurance and the promotion referred to in paragraph 7(1)(c) or (e) may take place on a company web page if it relates to only an authorized type of insurance.

• (2) However, a company shall not, on a company web page, provide access to a web page — directly or through another web page — through which there is promotion of

  • (a) an insurance company, agent or broker that does not deal only in authorized types of insurance; or

  • (b) an insurance policy of an insurance company, agent or broker, or a service in respect of such a policy, that is not of only an authorized type of insurance.

Prohibited Activities

• 8 (1) No company shall

  • (a) provide, directly or indirectly, an insurance company, agent or broker with any information respecting

    • (i) a customer of the company in Canada,

    • (ii) an employee of a customer of the company in Canada,

    • (iii) where a customer of the company is an entity with members in Canada, any such member, or

    • (iv) where a customer of the company is a partnership with partners in Canada, any such partner;

  • (b) permit any of its subsidiaries to provide, directly or indirectly, an insurance company, agent or broker with any information that it receives from the company respecting

    • (i) a customer of the company in Canada,

    • (ii) an employee of a customer of the company in Canada,

    • (iii) where a customer of the company is an entity with members in Canada, any such member, or

    • (iv) where a customer of the company is a partnership with partners in Canada, any such partner;

  • (b.1) provide an affiliate of the company that is not a subsidiary of the company with information unless the company ensures that the affiliate does not directly or indirectly provide the information to an insurance company, agent or broker if the information is in respect of

    • (i) a customer of the company in Canada,

    • (ii) an employee of a customer of the company in Canada,

    • (iii) where a customer of the company is an entity with members in Canada, any such member,

    • (iv) where a customer of the company is a partnership with partners in Canada, any such partner; or

  • (c) permit a subsidiary of the company that is a provincial trust or loan company to provide, directly or indirectly, an insurance company, agent or broker with any information respecting

    • (i) a customer of the subsidiary in Canada,

    • (ii) an employee of a customer of the subsidiary in Canada,

    • (iii) where a customer of the subsidiary is an entity with members in Canada, any such member, or

    • (iv) where a customer of the subsidiary is a partnership with partners in Canada, any such partner.

• (2) Subsection (1) does not apply in respect of a company or a subsidiary of a company that is a provincial trust or loan company where

  • (a) the company or the subsidiary has established procedures to ensure that the information referred to in that subsection will not be used by an insurance company, agent or broker to promote in Canada the insurance company, agent or broker or to promote in Canada an insurance policy, or a service in respect thereof; and

  • (b) the insurance company, agent or broker, as the case may be, has given an undertaking to the company or to the subsidiary, in a form acceptable to the Superintendent, that that information will not be used to promote in Canada the insurance company, agent or broker or to promote in Canada an insurance policy, or a service in respect thereof.

9 No company shall provide a telecommunications device that is primarily for the use of customers in Canada and that links a customer with an insurance company, agent or broker.

10 A company shall not carry on business in Canada on premises that are adjacent to the premises of an insurance company, agent or broker unless the company clearly indicates to its customers that its business and the premises on which its business is carried on are separate and distinct from those of the insurance company, agent or broker.

Transitional

11 Where a company administered a policy on May 6, 1992 the administration of which is not permitted under section 4, the company may continue to administer the policy in respect of any person in respect of whom coverage was provided under the policy on that date.