Information Technology Activities (Life Companies) Regulations

SOR/2003-67INSURANCE COMPANIES ACT
Registration 2003-02-13
Information Technology Activities (Life Companies) Regulations
P.C. 2003-187 2003-02-13Her Excellency the Governor General in Council, on the recommendation of the Minister of Finance, pursuant to sections 501Footnote a and 1021Footnote b of the Insurance Companies ActFootnote c, hereby makes the annexed Information Technology Activities (Life Companies) Regulations.

Return to footnote aS.C. 2001, c. 9, s. 426
Return to footnote bS.C. 2001, c. 9, s. 465
Return to footnote cS.C. 1991, c. 47
Interpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act
Loi

Act means the Insurance Companies Act. (Loi)

balance sheet value
valeur au bilan

balance sheet value, in respect of the shares and ownership interests held by an entity, means the value reported on its balance sheet on an unconsolidated basis. (valeur au bilan)
book value
book value[Repealed, SOR/2008-168, s. 23]

member of a life company’s group
membre du groupe d’une société d’assurance-vie

member of a life company’s group has the same meaning as in subsection 490(2) of the Act. (membre du groupe d’une société d’assurance-vie)

SOR/2008-168, s. 23.
Previous Version

Prescribed Purpose or Circumstance

Marginal note:Prescribed purpose or circumstance

2 For the purposes of subparagraph 441(1)(d.1)(iii) of the Act and subject to the approval required under paragraph 441(1)(d.1) of the Act, a life company may develop, design, hold, manage, manufacture, sell or otherwise deal with data transmission systems, information sites, communication devices or information platforms or portals that are used for a purpose or in a circumstance that is materially related to the provision of financial products or services by the life company or a member of the life company’s group.

Investments

Marginal note:Prescribed activity

3 (1) For the purposes of paragraph 495(2)(f) of the Act and subject to subsections (2) and (3), a prescribed activity in relation to an entity is developing, designing, holding, managing, manufacturing, selling or otherwise dealing with any data transmission system, information site, communication device or information platform or portal that is used to provide information services.

Marginal note:Limit on size of investment

(2) A life company may not acquire control of, or hold, acquire or increase a substantial investment in, an entity engaging in an activity described in subsection (1) if the sum of the following exceeds 5% of the life company’s regulatory capital:

(a) the aggregate balance sheet value of the shares and ownership interests that the life company and its subsidiaries, whether individually or jointly, would acquire in the entity under paragraph 495(2)(f) of the Act,
(b) the aggregate balance sheet value of the shares and ownership interests held by the life company and its subsidiaries, whether individually or jointly, in entities engaging in an activity described in subsection (1) that the life company holds control of, or a substantial investment in, under paragraph 495(2)(f) of the Act, and
(c) the aggregate value of outstanding loans made by the life company and its subsidiaries, whether individually or jointly, to entities engaging in an activity described in subsection (1) that the life company holds control of, or a substantial investment in, under paragraph 495(2)(f) of the Act.

Marginal note:Restricted activities

(3) A life company may not acquire control of, or hold, acquire or increase a substantial investment in, an entity engaging in an activity described in subsection (1) if the entity engages in the business of accepting deposit liabilities or if the activities of the entity include

(a) activities that a company is not permitted to engage in under any of sections 466, 469 and 475 of the Act;
(b) dealing in securities, except as may be permitted under paragraph 495(2)(e) of the Act or as may be permitted to a company under paragraph 440(2)(b) of the Act;
(c) dealing in goods, wares or merchandise that a company is not permitted to deal in under subsection 441(3) of the Act, other than as permitted under subsection (1);
(d) activities that a company is not permitted to engage in under any regulation made under section 489 of the Act if the entity engages in the activities of a finance entity or of any other entity prescribed under paragraph 495(3)(c) of the Act;

(e) acquiring control of or acquiring or holding a substantial investment in another entity unless

(i) in the case of an entity that is controlled by the life company, the life company itself would be permitted under Part IX of the Act to acquire a substantial investment in the other entity, or
(ii) in the case of an entity that is not controlled by the life company, the life company itself would be permitted to acquire a substantial investment in the other entity under subsection 493(2), paragraph 493(3)(b) or (c) or subsection 493(4) or 495(1) or (2) of the Act; or

(f) any activity prescribed under paragraph 495(3)(e) of the Act.

SOR/2008-168, s. 24.
Previous Version

Exemption from Restrictions on Investments

Marginal note:Exemption from restrictions

4 For the purposes of subparagraph 3(3)(e)(ii), subsections 495(6) to (8) of the Act do not apply in determining whether a life company would be permitted to acquire a substantial investment in an entity under subsection 493(2), paragraph 493(3)(b) or (c) or subsection 493(4) or 495(1) or (2) of the Act.

Non-application of Subsection 495(7) of the Act

Marginal note:Non-application

5 Subsection 495(7) of the Act does not apply where, under paragraph 495(2)(f) of the Act, a life company acquires control of, or acquires or increases a substantial investment in, an entity whose business is limited to activities described in subsection 3(1). Nothing in this section limits the operation of subsections 3(2) and (3).

Coming into Force

Marginal note:Coming into force

6 These Regulations come into force on the day on which they are registered.