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"Point in Time" Regulation Content

Financial Institutions Act

Insurance Contracts (Life Insurance Replacement) Regulation

B.C. Reg. 327/90

NOTE: Links below go to regulation content as it was prior to the changes made on the effective date. (PIT covers changes made from September 19, 2009 to "current to" date of the regulation.)
SECTIONEFFECTIVE DATE
Section 1 January 26, 2012
Section 2 January 26, 2012
Section 3 January 26, 2012
Section 4 January 26, 2012
Schedule January 26, 2012

 Section 1 definition of "disclosure statement" BEFORE repealed by BC Reg 10/2012, effective January 26, 2012.

"disclosure statement" means the Basic Disclosure Statement Regarding Replacement of Contracts of Life Insurance set out in the Schedule and includes the agent's and applicant's statements on that form;

 Section 1 definition of "declaration statement" was added by BC Reg 10/2012, effective January 26, 2012.

 Section 2 (2) (part) BEFORE amended by BC Reg 10/2012, effective January 26, 2012.

(2)  No life insurance agent licensee shall induce an insured to lapse, forfeit or surrender for cash, or for paid up or extended insurance, or for other valuable consideration, the insured's contract of life insurance with an insurer in order to effect another contract of life insurance with that insurer unless replacement of the existing contract of life insurance with the new one

 Section 2 (3) and (4) were added by BC Reg 10/2012, effective January 26, 2012.

 Section 3 (1) to (5) BEFORE amended by BC Reg 10/2012, effective January 26, 2012.

(1)  Where a replacement of a contract of life insurance could be detrimental to the interests of an insured, a life insurance agent licensee shall make every reasonable effort to maintain the existing contract of life insurance in force.

(2)  Where it appears that, due to a change in circumstances, an existing contract of life insurance should be amended or changed to another contract of life insurance, a life insurance agent licensee shall endeavour to have the existing contract amended or changed by the insurer that issued the existing contract of life insurance, in order that any values, credits or privileges in the existing contract may be transferred to the amended or changed contract of life insurance, unless the amendment or change by the existing insurer is detrimental to the interests of the insured.

(3)  Every life insurance agent licensee shall

(a) obtain, as part of each application for a contract of life insurance, a statement signed by the applicant stating whether or not replacement of a contract of life insurance is intended, and

(b) prepare and forward to the insurer with each application for a contract of life insurance a statement as to whether or not replacement of a contract of life insurance is intended.

(4)  Where replacement of a contract of life insurance is intended, every life insurance agent licensee, before taking a new application, shall

(a) present and review with the applicant a completed disclosure statement, and

(b) secure the applicant's signature, along with the signature of the life insured if other than the applicant, attesting to the receipt of the disclosure statement.

(5)  On taking an application where replacement of a contract of life insurance is intended, every life insurance agent licensee

(a) within 3 working days of the date of application, shall forward to every insurer whose contract of life insurance is intended to be replaced a fully completed copy of the disclosure statement as presented to and signed by the applicant,

(b) shall forward to every insurer that has been requested to issue a new contract or contracts of life insurance a fully completed copy of the disclosure statement as presented to and signed by the applicant along with a copy of all written proposals presented to the applicant by the agent and all written directions received by the agent from the applicant, and

(c) unless contrary written instructions have been received from the applicant, shall deliver the new contract or contracts of life insurance as soon as practical.

 Section 4 BEFORE amended by BC Reg 10/2012, effective January 26, 2012.

 Duties of life insurer

4  (1)  Every life insurer shall

(a) ascertain whether or not its agent has complied with the requirements of this regulation and the Act respecting the replacement of contracts of life insurance,

(b) maintain in its chief office in Canada for at least 3 years copies of all material that its life insurance agent licensee is required to forward under section 3 (3) and (5), and

(c) issue all new contracts of life insurance as soon as practical.

(2)  An applicant for the replacement of a contract of life insurance may withdraw, in writing, the application within 20 days of the delivery of the completed disclosure statement signed by the life insurance agent licensee.

(3)  Where the applicant withdraws an application under subsection (2), the life insurer shall refund any premium deposit or other payment made by the applicant in respect of the proposed replacement of a contract of life insurance, unless the application is for a single premium contract of life insurance or for a contract of life insurance the value of which depends upon a stated rate of interest or a stated group of assets or both; and in that case the refund shall be adjusted to reflect the change in the capital value of the contract.

 Schedule BEFORE amended by BC Reg 10/2012, effective January 26, 2012.

Schedule

(Sections 1, 3 and 4)

Basic Disclosure Statement Regarding Replacement

This statement is designed to provide you with information that you might find helpful in deciding whether to change your life insurance. Such a change may involve the use of proceeds available to you under your life insurance to buy replacement life insurance. As it will be necessary to decide what change is the most advantageous for yourself or your beneficiaries, you are encouraged to seek comments or quotations from your life insurance agent and the life insurance company which issued your existing life insurance contract.

In the event that you decide to replace any existing contract(s) of life insurance you should make certain that the new contract(s) that has (have) been delivered to you, is (are) in force and is (are) acceptable to you before you take any action to terminate the existing contract(s).

AGENT'S STATEMENT:The primary reason for recommending replacement of the life insurance
referred to on this Disclosure Statement is:

......................................................................................................................................................................

......................................................................................................................................................................

The life insurance to be replaced cannot adequately fulfill the policy owner's intended objective for the following reason(s):

......................................................................................................................................................................

......................................................................................................................................................................

......................................................................[Agent's Name (please print)]

......................................................................[Date]

......................................................................[Agent's Signature]

APPLICANT'S STATEMENT:I acknowledge being advised that there may be advantages or
disadvantages in replacing life insurance policies, some of which are:

(a) by replacing my contract of life insurance I may be paying the acquisition costs twice because these are charged in the early years of my contract(s);

(b) because my contract of life insurance was purchased at a younger age, I may pay more for a new contract having the same or similar benefits;

(c) as the incontestable and suicide clauses begin to run again in a new contract, a claim may be denied under a new contract which would have been paid under the contract replaced;

(d) as a change in my health may have adversely affected my insurability, a new contract may contain certain restrictions or limitations and may be more costly;

(e) policy conditions or benefits, including the interest rate on policy loans, may be more favourable under the existing contract of life insurance to be replaced;

(f) if the transaction to purchase a new contract(s) of life insurance involves borrowing the cash value of my existing contract(s) of life insurance beyond my expected ability or intention to repay the loan, a loss or reduction of the benefits under my existing contract(s) of life insurance will result;

(g) by replacing or changing my contract of life insurance acquired prior to December 2, 1982, or in the case of corporate owned life insurance prior to June 29, 1982, I may lose valuable tax advantages within the existing policy.

A copy of this disclosure form will be sent to the life insurers which issued the contract(s) of life insurance to be replaced.

I also acknowledge receipt of a fully completed Disclosure Statement Regarding Replacement of Contracts of Life Insurance and acknowledge that it was presented to me before the application for new insurance was signed.

I have been advised by the agent who signed this form that I may withdraw, in writing, my application for new insurance within 20 days and that the insurer will refund any premium deposit or other payment made by me in respect of the proposed replacement of a contract of life insurance, except if the application is for a single premium life insurance policy, or a policy the value of which depends upon a stated rate of interest and/or a stated group of assets, in which case the refund shall be adjusted to reflect the change in the capital value of the contract.

...................[Date] ..................................................[Signature of Applicant]

..................................................[Name of Applicant (please print)]

...................[Date] ..................................................[Signature of Applicant]

..................................................[Name of Life Insured (if other than applicant) (please print)]

NOTE TO AGENT: If more than one existing contract of life insurance is to be replaced, a separate form must be completed for each existing contract.

This form has been approved by C.L.H.I.A. and L.U.A.C. and is recommended for use by the Canadian Council of Insurance Regulators

Basic Disclosure Statement Regarding Replacement of
Contracts of Life Insurance

 Existing InsuranceProposed Insurance
GENERAL INFORMATION
Policy Number  
Name of life insured  
Date of birth of life insured  
Name of policy owner (if other than life insured)  
Insurance company  
Type of contract (Whole Life, Term, Univ. Life, etc.)  
Date of Application  
Note: The date your existing life insurance
  policy was acquired will be a major
  factor in determining the tax rules that
  will apply of the policy is surrendered
  or changed.
  
Date of issue  
Issued standard Yes No 
Policy registered Yes No Yes No
Guaranteed insurability option (at what ages)  
Loan interest rate  
Loan outstanding Yes No 
Date suicide period expires  
Date contestable period expires  
Additional benefits (specify)  
DEATH BENEFITS
Face amount of  insurance - now  
 -at age 65  
-protection expires  
Face Amount of Term Rider- now  
 -at age 65  
-protection expires  
Additional Death Benefit (specify)  
GUARANTEED CASH VALUES OR DEPOSITS
Now  
At age 65  
Current and projected interest rate if applicable  
(Adjustable contract, eg. Univ. Life)  
DIVIDENDS
Participating Policy Yes No Yes No
Dividend option selected  
ANNUALIZED PREMIUMS  
Basic Policy -current amount  
 -guaranteed until  
-payable until  
Term Rider-current amount  
 -guaranteed until  
-payable until  
Additional Benefits-current amount  
 -guaranteed until  
-payable until  
Total annualized premium  
Have the income tax implications of this change or
replacement been fully explained to the policyowner
Yes No 
   
Additional comments/special circumstances
 
Agent's Name (please print)Applicant's Name (please print)
Agent's SignatureApplicant's Signature
Date