Acts and Regulations

I-12 - Insurance Act

Full text
Filing in office of Superintendent
282(1)Every society shall with its application for licence file in the office of the Superintendent, certified copies in duplicate of those articles of its constitution and rules that contain material terms not set out in the form of contract adopted for use by it, and of every amendment, revision or consolidation thereof, within thirty days after the passing thereof.
282(2)The Superintendent may, within thirty days after the date of such filing, take exception to any amendment or revision if in his opinion, such amendment or revision or any part thereof is
(a) contrary to the provisions of this Act,
(b) actuarially unsound,
(c) oppressive to or discriminatory in application against any class of the membership of the society, or
(d) unjust or unreasonable.
282(3)If the Superintendent takes exception to an amendment or revision, he or she shall notify the society in writing without delay, giving reasons, and the society or any member or person affected by the decision of the Superintendent may appeal the decision to the Tribunal, within 30 days after the date of the decision, and the Tribunal may approve the amendment or revision.
282(3.1)Despite subsection (3), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.
282(4)The constitution and rules and any amendment, revisions or consolidation thereof not excepted to, or if excepted to, that has been further amended, in accordance with the Superintendent’s direction, or approved by the Tribunal, shall be certified by the Superintendent to be duly passed by the society, and filed, and thereupon shall be deemed to be the rules in force on and after the date of the certificate until a subsequent amendment, revision or consolidation is in like manner certified and filed, and so from time to time, and are binding and obligatory upon all members of the society and upon everyone entitled to any benefit under any membership in or certificate of the society.
282(5)The failure of the Superintendent to take exception to any rule of the society or amendment or revision and his certifying and filing thereof does not make valid any provisions of such rule that are inconsistent with this Act.
1968, c.6, s.279; 2013, c.31, s.20; 2017, c.48, s.9
Constitution and rules
282(1)Every society shall with its application for licence file in the office of the Superintendent, certified copies in duplicate of those articles of its constitution and rules that contain material terms not set out in the form of contract adopted for use by it, and of every amendment, revision or consolidation thereof, within thirty days after the passing thereof.
282(2)The Superintendent may, within thirty days after the date of such filing, take exception to any amendment or revision if in his opinion, such amendment or revision or any part thereof is
(a) contrary to the provisions of this Act,
(b) actuarially unsound,
(c) oppressive to or discriminatory in application against any class of the membership of the society, or
(d) unjust or unreasonable.
282(3)If the Superintendent takes exception to an amendment or revision, he or she shall notify the society in writing without delay, giving reasons, and the society or any member or person affected by the decision of the Superintendent may appeal the decision to the Tribunal, and the Tribunal may approve the amendment or revision.
282(4)The constitution and rules and any amendment, revisions or consolidation thereof not excepted to, or if excepted to, that has been further amended, in accordance with the Superintendent’s direction, or approved by the Tribunal, shall be certified by the Superintendent to be duly passed by the society, and filed, and thereupon shall be deemed to be the rules in force on and after the date of the certificate until a subsequent amendment, revision or consolidation is in like manner certified and filed, and so from time to time, and are binding and obligatory upon all members of the society and upon everyone entitled to any benefit under any membership in or certificate of the society.
282(5)The failure of the Superintendent to take exception to any rule of the society or amendment or revision and his certifying and filing thereof does not make valid any provisions of such rule that are inconsistent with this Act.
1968, c.6, s.279; 2013, c.31, s.20
Constitution and rules
282(1)Every society shall with its application for licence file in the office of the Superintendent, certified copies in duplicate of those articles of its constitution and rules that contain material terms not set out in the form of contract adopted for use by it, and of every amendment, revision or consolidation thereof, within thirty days after the passing thereof.
282(2)The Superintendent may, within thirty days after the date of such filing, take exception to any amendment or revision if in his opinion, such amendment or revision or any part thereof is
(a) contrary to the provisions of this Act,
(b) actuarially unsound,
(c) oppressive to or discriminatory in application against any class of the membership of the society, or
(d) unjust or unreasonable.
282(3)If the Superintendent takes exception to any such amendment or revision he shall forthwith notify the society thereof in writing, giving the reasons therefor and the society or any member or person affected by the decision of the Superintendent may, within ten days, appeal therefrom to the Lieutenant-Governor in Council, who may approve of such amendment or revision.
282(4)The constitution and rules and any amendment, revisions or consolidation thereof not excepted to, or if excepted to, that has been further amended, in accordance with the Superintendent’s direction, or approved by the Lieutenant-Governor in Council, shall be certified by the Superintendent to be duly passed by the society, and filed, and thereupon shall be deemed to be the rules in force on and after the date of the certificate until a subsequent amendment, revision or consolidation is in like manner certified and filed, and so from time to time, and are binding and obligatory upon all members of the society and upon everyone entitled to any benefit under any membership in or certificate of the society.
282(5)The failure of the Superintendent to take exception to any rule of the society or amendment or revision and his certifying and filing thereof does not make valid any provisions of such rule that are inconsistent with this Act.
1968, c.6, s.279