Insurance Companies Act (S.C. 1991, c. 47)

Act current to 2013-05-26 and last amended on 2012-12-19. Previous Versions

Marginal note:Non-application of Part

491. This Part does not apply in respect of

  • (a) assets of a segregated fund maintained pursuant to section 451;

  • (b) the holding of a security interest in real property, unless the security interest is prescribed under paragraph 509(a) to be an interest in real property; or

  • (c) the holding of a security interest in securities of an entity.

  • 1991, c. 47, s. 491;
  • 2001, c. 9, s. 426.

General Constraints on Investments

Marginal note:Investment standards

492. The directors of a company shall establish and the company shall adhere to investment and lending policies, standards and procedures that a reasonable and prudent person would apply in respect of a portfolio of investments and loans to avoid undue risk of loss and obtain a reasonable return.

  • 1991, c. 47, s. 492;
  • 2001, c. 9, s. 426.
Marginal note:Restriction on control and substantial investments

  • 493. (1) Subject to subsections (2) to (4), no company shall acquire control of, or hold, acquire or increase a substantial investment in, any entity other than a permitted entity.

  • Marginal note:Exception: indirect investments

    (2) A company may, subject to Part XI, acquire control of, or acquire or increase a substantial investment in, an entity other than a permitted entity by way of

    • (a) an acquisition of control of an entity referred to in any of paragraphs 495(1)(a) to (j), or of a prescribed entity, that controls or has a substantial investment in the entity; or

    • (b) an acquisition of shares or ownership interests in the entity by

      • (i) an entity referred to in any of paragraphs 495(1)(a) to (j), or a prescribed entity, that is controlled by the company, or

      • (ii) an entity controlled by an entity referred to in any of paragraphs 495(1)(a) to (j), or a prescribed entity, that is controlled by the company.

  • Marginal note:Exception: temporary investments, realizations and loan workouts

    (3) A company may, subject to Part XI, acquire control of, or acquire or increase a substantial investment in, an entity by way of

    • (a) a temporary investment permitted by section 498;

    • (b) an acquisition of shares of a body corporate or of ownership interests in an unincorporated entity permitted by section 499; or

    • (c) a realization of security permitted by section 500.

  • Marginal note:Exception: specialized financing regulations

    (4) A life company may, subject to Part XI, acquire control of, or hold, acquire or increase a substantial investment in, an entity other than a permitted entity if it does so in accordance with regulations made under paragraph 494(d) concerning specialized financing.

  • Marginal note:Exception: uncontrolled event

    (5) A company is deemed not to contravene subsection (1) if the company acquires control of, or acquires or increases a substantial investment in, an entity solely as the result of an event not within the control of the company.

  • Marginal note:Application of other provision

    (6) Despite having acquired control of, or a substantial investment in, an entity under a particular provision of this Part, a company may continue to control the entity or hold the substantial investment in the entity as though it had made the acquisition under another provision of this Part so long as the conditions of that other provision are met.

  • Marginal note:Timing of deemed acquisition

    (7) If a company decides to exercise its right under subsection (6), the company is deemed to be acquiring the control or the substantial investment under the other provision.

  • 1991, c. 47, s. 493;
  • 1997, c. 15, s. 265;
  • 2001, c. 9, s. 426;
  • 2007, c. 6, s. 234.
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