Credit Information (Insurance Companies) Regulations (SOR/97-11)

Use of Credit Information

3 No company or foreign company shall use credit information to promote, in Canada, an insurance company or insurance agent or broker unless

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

• (b) the promotion takes place outside the offices of the company or foreign company and is directed to

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

  • (ii) all credit customers of the company or foreign company who receive regularly mailed statements of account, or

  • (iii) the general public.

• 4 (1) No company or foreign company shall use credit information to promote, in Canada, a policy of an insurance company or of an insurance agent or broker, or a service in respect thereof, 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 a personal accident insurance policy, or the service is in respect of such a policy, and the promotion takes place outside the offices of the company or foreign company; or

  • (c) the promotion takes place outside the offices of the company or foreign company and is directed to

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

    • (ii) all credit customers of the company or foreign company who receive regularly mailed statements of account, or

    • (iii) the general public.

• (2) Notwithstanding subsection (1) and section 3, a company or foreign company may exclude from a promotion referred to in paragraph (1)(c) or 3(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 or foreign company in writing that they do not wish to receive promotional material from the company or foreign company; or

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

• 5 (1) No company or foreign company shall

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

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

  • (c) provide any of its affiliates that are not subsidiaries of the company or foreign company with credit information unless the company or foreign company ensures that the affiliate does not directly or indirectly provide the information to an insurance company or insurance agent or broker.

• (2) Subsection (1) does not apply in respect of a company or foreign company where

  • (a) the company or foreign company has informed the insurance company or insurance agent or broker that the information is credit information;

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

  • (c) the insurance company or insurance agent or broker has given an undertaking to the company or foreign company in a form acceptable to the Superintendent, that the credit information will not be used to promote, in Canada, the insurance business of the insurance company or insurance agent or broker or to promote, in Canada, an insurance policy or a service in respect thereof.