Acts and Regulations

I-12 - Insurance Act

Full text
Repealed
66Repealed: 2013, c.31, s.20
1968, c.6, s.66; O.C.68-516; 2013, c.31, s.20
Reciprocal deposits
66(1)Where an insurer has its head office for Canada in New Brunswick and makes a deposit under this Act for the purposes of this section by virtue whereof the insurer will not be required to make a deposit in another province in which it is or may become licensed to undertake insurance, the following provisions shall have effect:
(a) the amount of the deposit to be made and maintained by the insurer shall be fixed by order of the Lieutenant-Governor in Council and the order shall declare what provinces are reciprocating provinces with respect to that insurer’s deposit;
(b) the deposit shall be held and administered as security pari passu for the New Brunswick contracts of the insurer and for its contracts in any reciprocating province;
(c) the Minister shall, upon the request of the official who issues or proposes to issue a licence to the insurer in another province, certify under his hand that the deposit is held in the manner provided by paragraph (b), and the Superintendent shall forward the certificate to that official and a copy to the Superintendent of Insurance in each province;
(d) where, with respect to the outstanding contracts of the insurer, it appears to the Superintendent from the annual statement under section 79 or any examination of the affairs of the insurer that a further deposit for the purposes of this section is necessary, or where it appears to the Superintendent of Insurance for another province in which the insurer is licensed from any annual report made to him by the insurer or any examination of the affairs of the insurer that a further deposit for the purposes of this section is necessary and such Superintendent requests the Superintendent to obtain a further deposit the insurer shall forthwith deposit such further sum as the Lieutenant-Governor in Council may fix;
(e) if the insurer obtains a certificate of registration from the Government of Canada extending to this or another province and as a registrant makes a deposit under the Canadian and British Insurance Companies Act, chapter I-15 of the Revised Statutes of Canada, 1970, or the Foreign Insurance Companies Act, chapter I-16 of the Revised Statutes of Canada, 1970, the Minister may, on the request of the insurer, authorize the Minister of Finance to deliver to the insurer or to transfer to the Minister of Finance for Canada all or any part of such deposit as the Minister thinks fit having regard to the extent of the certificate of registration, and the Superintendent shall forthwith give notice of the delivery or transfer to the Superintendent of Insurance of each reciprocating province;
(f) where the licence of the insurer is suspended or cancelled under this Act, the Superintendent shall forthwith give notice to the Superintendent of Insurance in each province;
(g) where the insurer ceases to carry on insurance business in Canada and its deposit may be withdrawn under this Act, the Superintendent shall notify the Superintendent of Insurance in each province, and all claims and liabilities arising in any such province shall be verified by the Superintendent of Insurance of that province and a statement thereof communicated to the Superintendent; and
(h) where the insurer ceases to transact business in or its licence is suspended or cancelled in a reciprocating province and notice thereof is given to the Superintendent, the Minister and the Superintendent, upon the request of the Superintendent in the reciprocating province, may take any action that could be taken if the insurer ceased to transact business in or its licence was suspended or cancelled in New Brunswick.
66(2)The insurer shall not change the location of its head office to another province without the consent of the Minister, but where the Minister so consents, he may authorize the Superintendent to transfer the insurer’s deposit to the Minister responsible for the deposit in that province or to the insurer, as the Minister in that province requests, and the Superintendent shall forthwith give notice of any change or transfer to the Superintendent of Insurance of each reciprocating province.
1968, c.6, s.66; O.C.68-516