Saskatchewan Insurance Regulations, 2003, R.R.S. c. S-26 Reg. 8
| Citation: | Saskatchewan Insurance Regulations, 2003, R.R.S. c. S-26 Reg. 8 | |
| Information about this text: | under The Saskatchewan Insurance Act Chapter S-26 Reg 8 (effective October 3, 2003) as amended by Saskatchewan Regulations 91/2006 and 32/2008.Last posted date: 27 May 2008 | |
| Enabling Statute: | Saskatchewan Insurance Act, R.S.S. 1978, c. S-26 | |
| URL: | http://www.canlii.org/sk/laws/regu/s-26r.8/20080715/whole.html | |
| Version downloaded by CanLII on 2008-07-15 | ||
Warning: This document predates the last update of the collection. It might have been modified or omitted since this last update.
1
SASKATCHEWAN INSURANCE, 2003 S-26 REG 8
The Saskatchewan
Insurance
Regulations, 2003
being
Chapter S-26 Reg 8 (effective October 3, 2003) as amended by
Saskatchewan Regulations 91/2006 and 32/2008.
NOTE:
This consolidation is not official. Amendments have been
incorporated for convenience of reference and the original statutes
and regulations should be consulted for all purposes of interpretation
and application of the law. In order to preserve the integrity of the
original statutes and regulations, errors that may have appeared are
reproduced in this consolidation.
2
S-26 REG 8 SASKATCHEWAN INSURANCE, 2003
Table of Contents
PART I PART IV
Title, Interpretation and Fees Exemptions from Act
1 Title 9 Medical Services Incorporated
2 Interpretation 9.1 Exemption re Canadian Blood Services
3 Fees 10 Designated provincial insurers
11 Exemption re Saskatchewan Teachers' Federation
PART II
12 Exemption re BCAA Insurance Corporation
Reciprocal Insurance Exchanges
13 Subsection 431(2) of Act
4 Fire insurance
14 Sections 416 to 439 of Act
5 Automobile insurance
15 Section 447 of Act
6 Reserve Fund
7 Guarantee fund PART V
Repeal and Coming into Force
PART III
16 R.R.S. c.S-26 Reg 1 repealed
Insurance with Unlicensed Insurers
17 R.R.S. c.S-26 Reg 3 repealed
8 Document to be submitted
18 R.R.S. c.S-26 Reg 6 repealed
19 R.R.S. c.S-26 Reg 7 repealed
20 Sask. Reg. 574/68 repealed
21 Coming into force
Appendix
FEES
3
SASKATCHEWAN INSURANCE, 2003 S-26 REG 8
CHAPTER S-26 REG 8
The Saskatchewan Insurance Act
PART I
Title, Interpretation and Fees
Title
1 These regulations may be cited as The Saskatchewan Insurance
Regulations, 2003.
Interpretation
2 In these regulations, "Act" means The Saskatchewan Insurance Act.
17 Oct 2003 cS-26 Reg 8 s2.
Fees
3 The fees payable pursuant to the Act are set out in the Appendix.
17 Oct 2003 cS-26 Reg 8 s3.
PART II
Reciprocal Insurance Exchanges
Fire insurance
4(1) For the purposes of clause 380(a) of the Act, the prescribed number of
separate fire risks in Saskatchewan or elsewhere is 75.
(2) For the purposes of clause 380(b) of the Act, the prescribed amount is $1,500,000.
17 Oct 2003 cS-26 Reg 8 s4.
Automobile insurance
5(1) For the purposes of clause 380.1(a) of the Act, the prescribed number of
automobiles is 500.
(2) For the purposes of clause 380.1(b) of the Act, the prescribed limit is $1,000,000.
17 Oct 2003 cS-26 Reg 8 s5.
Reserve Fund
6 Every reciprocal insurance exchange must maintain, with its attorney, a
reserve fund in cash or approved securities in the amount A calculated in
accordance with the following formula:
A = [0.50 x (B C)] + [(D E) (F G)]
where:
B is the amount of premiums collected or credited to the accounts of
subscribers on reciprocal contracts that are in force but have one year or less
until expiration;
4
S-26 REG 8 SASKATCHEWAN INSURANCE, 2003
C is the amount paid to licensed insurers to reinsure the reciprocal contracts
mentioned in item B;
D is the amount of premiums collected or credited to the accounts of
subscribers on reciprocal contracts that are in force but have more than one
year until expiration;
E is the amount of premiums mentioned in item D that are attributable to the
expired portions of the reciprocal contracts mentioned in item D;
F is the amount paid to licensed insurers to reinsure the reciprocal contracts
mentioned in item D; and
G is the amount paid to licensed insurers mentioned in item F that is
attributable to the expired portions of the reciprocal contracts mentioned in
item D.
17 Oct 2003 cS-26 Reg 8 s6.
Guarantee fund
7(1) In this section, "unearned premiums" means the portion of premiums
collected or credited to the accounts of subscribers on reciprocal contracts that are
attributable to the unexpired portion of those reciprocal contracts.
(2) A reciprocal insurance exchange shall maintain a guarantee fund in cash or
approved securities in the amount A calculated in accordance with the following
formula:
A = B C + D
where:
B is all liabilities, other than unearned premiums, associated with the
operation of the reciprocal insurance exchange, including liabilities under
reciprocal contracts undertaken by the reciprocal insurance exchange;
C is the amount that is recoverable from licensed insurers that have reinsured
the reciprocal contracts mentioned in item B; and
D is $50,000.
17 Oct 2003 cS-26 Reg 8 s7.
PART III
Insurance with Unlicensed Insurers
Document to be submitted
8 For the purposes of clause 465(a) of the Act, a licensed agent must submit a
document that contains the following information respecting each person the
licensed agent acted for pursuant to section 464.1 of the Act:
(a) the name of the insured;
(b) a description of the nature of the insurance;
(c) the name of any licensed insurer who refused to provide coverage to the
insured;
(d) the name of the unlicensed insurer who is providing coverage to the
insured;
5
SASKATCHEWAN INSURANCE, 2003 S-26 REG 8
(e) the amount of insurance obtained from the unlicensed insurer;
(f) the premium paid to the unlicensed insurer;
(g) the particulars of the calculation used to determine the amount of tax
payable pursuant to section 463 of the Act;
(h) a declaration by the licensed agent that, to the best of his or her
knowledge:
(i) sufficient insurance was not obtainable at reasonable rates from an
insurer licensed pursuant to the Act; or
(ii) sufficient insurance was not obtainable on the terms stipulated by
the insured from an insurer licensed pursuant to the Act.
17 Oct 2003 cS-26 Reg 8 s8.
PART IV
Exemptions from Act
Medical Services Incorporated
9 The Act does not apply to Medical Services Incorporated.
17 Oct 2003 cS-26 Reg 8 s9.
Exemption re Canadian Blood Services
9.1 The Act does not apply to:
(a) CBS Insurance Company Limited; or
(b) Canadian Blood Services Captive Insurance Company Limited.
6 Oct 2006 SR 91/2006 s2.
Designated provincial insurers
10(1) In this section, "designated provincial insurer" means:
(a) Additional Municipal Hail Limited;
(b) Co-operative Hail Insurance Company Limited;
(c) Germania Mutual Insurance Company;
(d) GMS Insurance Inc.;
(e) Mennonite Mutual Fire Insurance Company of Saskatchewan;
(f) Palliser Insurance Company Limited;
(g) Rain and Hail Insurance Corporation;
(h) Robin Hood Employees' Mutual Insurance Association;
(i) Assurepro Insurance Company Limited;
(j) SGI Canada Insurance Services Ltd.
6
S-26 REG 8 SASKATCHEWAN INSURANCE, 2003
(2) Subject to subsection (3), subsections 81(1) and (2) of the Act do not apply to a
designated provincial insurer to the extent that those subsections restrict the
designated provincial insurer from investing in the shares of another corporation.
(3) A designated provincial insurer may invest in the shares of another corporation
only if the investment:
(a) is not prohibited by subsections 81(3) to (12) of the Act; and
(b) is an investment that a reasonable and prudent person would make with
respect to a portfolio of investments and loans with a view to avoiding undue
risk and of obtaining a reasonable return.
(4) Subject to subsection (5), subsections 81(1) and (2) of the Act do not apply to a
designated provincial insurer to the extent that those subsections restrict the
designated provincial insurer from investing in bonds, debentures or other
evidences of indebtedness.
(5) A designated provincial insurer may invest in bonds, debentures or other
evidences of indebtedness only if the investment complies with the following
conditions:
(a) the investment is a permitted investment pursuant to clause 81(1)(h) of
the Act;
(b) at the time the investment is made, the investment has a rating that
would be generally accepted as investment grade with a bond rating agency
that in the ordinary course of its business rates the debt obligations of issuers
of like obligations;
(c) the total amount invested by the designated provincial insurer in the
bonds, debentures or other evidences of indebtedness of any corporation or
group of affiliated or associated corporations would, if the investment is
made, not exceed 5% of the designated provincial insurer's total investment;
(d) the total amount invested by the designated provincial insurer pursuant
to this section, when combined with the total amount invested by the
designated provincial insurer pursuant to clauses 81(1)(d), (e) or (f) of the Act,
or any two or more of those clauses would, if the investment is made, not
exceed 25% of the designated provincial insurer's total investment.
(6) Section 294 of the Act does not apply to a mutual insurance company that is a
designated provincial insurer.
17 Oct 2003 cS-26 Reg 8 s10; 9 May 2008 SR
32/2008 s2.
7
SASKATCHEWAN INSURANCE, 2003 S-26 REG 8
Exemption re Saskatchewan Teachers' Federation
11(1) In this section:
(a) "annual return" means the annual return required by subsection 86(2)
of the Act;
(b) "Federation" means the Saskatchewan Teachers' Federation.
(2) Subject to subsections (3) and (4), sections 81 and 85.1, and clause 86(3)(b) of
the Act do not apply to the Federation.
(3) As a condition of being exempted from complying with section 81 of the Act,
the Federation may only invest in accordance with the Pension Benefits Standards
Regulations, 1985 (Canada), S.O.R./87-19.
(4) As a condition of being exempted from complying with section 85.1 and
clause 86(3)(b) of the Act, the Federation shall:
(a) designate in its bylaws the period commencing on July 1 in one year and
ending on June 30 in the following year as its financial year; and
(b) file the annual return within 120 days after the end of the financial year
with respect to which the return relates.
17 Oct 2003 cS-26 Reg 8 s11.
Exemption re BCAA Insurance Corporation
12(1) In this section "corporation" means BCAA Insurance Corporation.
(2) Subject to subsection (3), section 85.1 of the Act does not apply to the
corporation.
(3) As a condition of being exempted from complying with section 85.1 of the Act,
the corporation shall designate in its bylaws the period commencing on October 1 in
one year and ending on September 30 in the following year as its financial year.
17 Oct 2003 cS-26 Reg 8 s12.
Subsection 431(2) of Act
13(1) Subsection 431(2) of the Act does not apply to the holder of a licence as an
agent for life insurance if the holder is:
(a) an individual who has been licensed as an agent for life insurance for at
least two years; or
(b) a firm or corporation having a member, agent or employee who is an
individual mentioned in clause (a).
(2) The holder of a licence mentioned in subsection (1) may act as an agent for the
following but only if the holder does not represent himself or herself to the public by
advertisement or otherwise as the agent of any insurer for whom the holder of the
licence has not been authorized to act:
(a) the insurer whose name is stated in the licence;
(b) without a separate licence, any other insurer for life insurance.
17 Oct 2003 cS-26 Reg 8 s13.
8
S-26 REG 8 SASKATCHEWAN INSURANCE, 2003
Sections 416 to 439 of Act
14 Sections 416 to 439 of the Act do not apply to the Saskatchewan Association of Rural
Municipalities, or to a salaried employee of that Association while that person is acting on
behalf of the Association, in connection with fidelity bonds, insurance on registered mail or
burglary insurance provided to municipalities or for the benefit of municipalities.
17 Oct 2003 cS-26 Reg 8 s14.
Section 447 of Act
15 Section 447 of the Act does not apply to a licensed general agent, or to a salaried
employee of a licensed general agent while acting on behalf of that licensed general agent,
in the adjustment of losses.
17 Oct 2003 cS-26 Reg 8 s15.
PART V
Repeal and Coming into Force
R.R.S. c.S-26 Reg 1 repealed
16 The Saskatchewan Insurance Regulations are repealed.
17 Oct 2003 cS-26 Reg 8 s16.
R.R.S. c.S-26 Reg 3 repealed
17 The Medical Services Incorporated Exemption Regulations are repealed.
17 Oct 2003 cS-26 Reg 8 s17.
R.R.S. c.S-26 Reg 6 repealed
18 The Saskatchewan Insurance Exemption (Teachers' Federation) Regulations are
repealed.
17 Oct 2003 cS-26 Reg 8 s18.
R.R.S. c.S-26 Reg 7 repealed
19 The Designated Provincial Insurers Investment Exemption Regulations are repealed.
17 Oct 2003 cS-26 Reg 8 s19.
Sask. Reg. 574/68 repealed
20 Saskatchewan Regulations 574/68 are repealed.
17 Oct 2003 cS-26 Reg 8 s20.
Coming into force
21(1) Subject to subsection (2), these regulations come into force on the day on which
section 1 of The Saskatchewan Insurance Amendment Act, 2003 comes into force.
(2) If section 1 of The Saskatchewan Insurance Amendment Act, 2003 comes into force
before the day on which these regulations are filed with the Registrar of Regulations, these
regulations come into force on the day on which they are filed with the Registrar of
Regulations.
17 Oct 2003 cS-26 Reg 8 s21.
9
SASKATCHEWAN INSURANCE, 2003 S-26 REG 8
Appendix
FEES
1 The fee for a licence is:
(a) for a fraternal society ............................................................................. $ 500.
(b) for a mutual or co-operative insurance company,
not registered under the Insurance Companies Act (Canada) ..................... 500.
(c) for a reciprocal insurance exchange ....................................................... 1,500.
(d) for an underwriters agency .................................................................... 1,500.
(e) for an insurer to undertake reinsurance exclusively ............................ 1,500.
2 The fee for a licence as any insurer, other than
one mentioned in section 1, is an amount that is
equal to the sum of:
(a) a basic fee of $2,000; and
(b) an additional fee of $2,000 to a maximum
of $6,000 for each of the following classes of
insurance that the insurer applies to be to be licensed under:
(i) life insurance;
(ii) fire insurance;
(iii) accident insurance;
(iv) any other class of insurance not mentioned
in subclauses (i) to (iii).
3 An applicant who is applying for a licence as any
insurer for the first time shall pay, in addition
to any other fees, a review fee of $1,000.
4 The fee for renewal of the licence of an insurer
who has discontinued undertaking contracts of
insurance in Saskatchewan is $500.
5 The following fees apply for:
(a) a five-year permit for a vending machine .............................................. $ 200.
(b) a certificate under seal of the superintendent ...................................... 50.
(c) issuing a new licence if there has been a change in
the membership of a partnership .................................................................. 25.
(d) reviewing an application to amalgamate .............................................. 100.
(e) filing an annual statement of the condition of affairs of the insurer ... 100.
17 Oct 2003 cS-26 Reg 8 Appendix.
10
S-26 REG 8 SASKATCHEWAN INSURANCE, 2003
REGINA, SASKATCHEWAN
Printed by the authority of
THE QUEEN'S PRINTER
Copyright©2008
The Saskatchewan's Queen's Printer Freelaw Web site contains additional conditions to the CanLII Terms of Use. These conditions can be consulted on the page entitled Copyright Policy.
