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Budget Implementation Act, 2018, No. 1 (S.C. 2018, c. 12)

Assented to 2018-06-21

PART 6Various Measures (continued)

DIVISION 16Financial Sector Legislative Renewal (continued)

SUBDIVISION AFinancial Technology Activities (continued)

1992, c. 56Green Shield Canada Act
  •  (1) Paragraph 17(1)(f) of the Green Shield Canada Act is replaced by the following:

    • (f) paragraphs 441(1)(d) and (i), subsection 441(3) and sections 448, 450, 465 to 472 and 476 to 478 of Part VIII;

  • (2) Paragraph 17(1)(f) of the Act is replaced by the following:

    • (f) paragraphs 441(1)(c.1), (d) and (i), subsection 441(3) and sections 448, 450, 465 to 472 and 476 to 478 of Part VIII;

Coming into Force

Marginal note:Order in council

 The provisions of this Subdivision, other than subsections 310(2), 316(2), 324(2), 329(2) and 340(1), come into force on a day or days to be fixed by order of the Governor in Council.

SUBDIVISION BLife Insurance Companies (Infrastructure Investment)

1991, c. 47Insurance Companies Act

 Subsection 2(1) of the Insurance Companies Act is amended by adding the following in alphabetical order:

infrastructure asset

infrastructure asset means a physical asset, including a long-lived physical asset that supports the delivery of public services, prescribed by regulation. (infrastructure)

permitted infrastructure entity

permitted infrastructure entity means an entity that, in accordance with prescribed conditions, only makes investments in infrastructure assets or engages in any other activity prescribed by regulation. (entité d’infrastructure admissible)

 The Act is amended by adding the following after section 2.1:

Marginal note:Regulations — permitted infrastructure entities

2.2 The Governor in Council may make regulations prescribing

  • (a) physical assets for the purposes of the definition infrastructure asset;

  • (b) activities in which a permitted infrastructure entity is permitted to engage; and

  • (c) conditions applicable to investments made and other activities carried out by permitted infrastructure entities.

  •  (1) Section 495 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Permitted infrastructure entities

      (2.1) Subject to subsection (3) and Part XI, a life company may — under any prescribed terms and conditions — acquire control of, or acquire or increase a substantial investment in, a permitted infrastructure entity.

  • (2) The portion of subsection 495(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Restriction

      (3) A life company may not acquire control of, or acquire or increase a substantial investment in, an entity whose business includes any activity referred to in any of paragraphs (2)(a) to (e), or in any regulation made under paragraph 2.2(b), if the entity engages in the business of accepting deposit liabilities or if the activities of the entity include

  • (3) Subparagraphs 495(3)(d)(i) and (ii) of the Act are replaced by the following:

    • (i) in the case of an entity, other than a permitted infrastructure entity, that is controlled by the company, the company itself would be permitted under this Part to acquire a substantial investment in the other entity,

    • (ii) in the case of an entity, other than a permitted infrastructure entity, that is not controlled by the company, the company itself would be permitted to acquire a substantial investment in the other entity under subsection (1), (2) or (2.1) or 493(2), paragraph 493(3)(b) or (c) or subsection 493(4), or

    • (iii) in the case of a permitted infrastructure entity, whether or not that entity is controlled by the company, the company itself would be permitted to acquire a substantial investment in the other entity under subsection (2.1); or

  • (4) Subsection 495(9) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (b):

    • (b.1) the company is acquiring control of, or acquiring or increasing a substantial investment in, an entity whose activities are limited to acquiring or holding shares of, or ownership interests in, permitted infrastructure entities; or

 Section 501 of the Act is amended by striking out “and” at the end of paragraph (c), by adding “and” at the end of paragraph (d) and by adding the following after paragraph (d):

  • (e) for the purposes of subsection 495(2.1), establishing terms and conditions respecting the acquisition of control of, or the acquisition or increase of a substantial investment in, a permitted infrastructure entity by a life company.

  •  (1) Section 554 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Permitted infrastructure entities

      (2.1) Subject to subsection (3), a society may — under any prescribed terms and conditions — acquire control of, or acquire or increase a substantial investment in, a permitted infrastructure entity.

  • (2) The portion of subsection 554(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Restriction

      (3) A society may not acquire control of, or acquire or increase a substantial investment in, an entity whose business includes any activity referred to in any of paragraphs (2)(a) to (e), or in any regulation made under paragraph 2.2(b), if the entity engages in the business of accepting deposit liabilities or if the activities of the entity include

  • (3) Subparagraphs 554(3)(d)(i) and (ii) of the Act are replaced by the following:

    • (i) in the case of an entity, other than a permitted infrastructure entity, that is controlled by the society, the society itself would be permitted under this Part to acquire a substantial investment in the other entity,

    • (ii) in the case of an entity, other than a permitted infrastructure entity, that is not controlled by the society, the society itself would be permitted to acquire a substantial investment in the other entity under subsection (1), (2) or (2.1) or 552(2) or paragraph 552(3)(b) or (c), or

    • (iii) in the case of a permitted infrastructure entity, whether or not that entity is controlled by the society, the society itself would be permitted to acquire a substantial investment in the other entity under subsection (2.1); or

  • (4) Subsection 554(5) of the Act is replaced by the following:

    • Marginal note:Minister’s approval

      (5) Subject to the regulations, a society may not, without the prior written approval of the Minister, acquire control of, or acquire or increase a substantial investment in, a permitted entity other than a permitted infrastructure entity or an entity whose activities are limited to acquiring or holding shares of, or ownership interests in, permitted infrastructure entities.

  • (5) Subsection 554(9) of the Act is amended by striking out “and” at the end of paragraph (a), by adding “and” at the end of paragraph (b) and by adding the following after paragraph (b):

    • (c) for the purposes of subsection (2.1), establishing terms and conditions respecting the acquisition of control of, or the acquisition or increase of a substantial investment in, a permitted infrastructure entity by a society.

  •  (1) Section 971 of the Act is amended by adding the following after subsection (2):

    • Marginal note:Permitted infrastructure entities

      (2.1) Subject to subsection (3), an insurance holding company may — under any prescribed terms and conditions — acquire control of, or acquire or increase a substantial investment in, a permitted infrastructure entity.

  • (2) The portion of subsection 971(3) of the Act before paragraph (a) is replaced by the following:

    • Marginal note:Restriction

      (3) An insurance holding company may not acquire control of, or acquire or increase a substantial investment in, an entity whose business includes any activity referred to in any of paragraphs (2)(a) to (e), or in any regulation made under paragraph 2.2(b), if the entity engages in the business of accepting deposit liabilities or if the activities of the entity include

  • (3) Subparagraphs 971(3)(d)(i) and (ii) of the Act are replaced by the following:

    • (i) in the case of an entity, other than a permitted infrastructure entity, that is controlled by the insurance holding company, a company would be permitted under Part IX to acquire a substantial investment in the other entity,

    • (ii) in the case of an entity, other than a permitted infrastructure entity, that is not controlled by the insurance holding company, a company 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), (2) or (2.1), or

    • (iii) in the case of a permitted infrastructure entity, whether or not that entity is controlled by the insurance holding company, a company would be permitted to acquire a substantial investment in the other entity under subsection 495(2.1); or

  • (4) Subsection 971(7) of the Act is amended by striking out “or” at the end of paragraph (b) and by adding the following after paragraph (b):

    • (b.1) the insurance holding company is acquiring control of, or acquiring or increasing a substantial investment in, an entity whose activities are limited to acquiring or holding shares of, or ownership interests in, permitted infrastructure entities; or

 

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