Contents |
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Part 1 — Interpretation and Application |
| 1 | Definitions and interpretation |
| 2 | Application of Business Corporations Act |
| 3-5 | Repealed |
| 6 | Repealed |
| 7 | Repealed |
| 8 | Pre-existing trust company |
| 9-10 | Repealed |
| 10.1 | Specific rules respecting Business Corporations Act application to extraprovincial corporations |
| 11 | This Act paramount |
Part 2 — Incorporation, Significant Changes and Winding Up |
| Division 1 — Names |
| 12 | Names for trust companies and insurance companies |
| 12.1 | False representation prohibited |
| Division 1.1 — Formation of Trust Companies and Insurance Companies |
| 13 | Consent required for incorporation |
| 14 | Preliminary activities |
| Division 1.2 — Alteration of Charter of Trust Companies and Insurance Companies |
| 15 | Consent required for alteration of memorandum, notice of articles or articles |
| Division 1.3 — Conversion of Special Act Insurance Companies |
| 16 | Consent required for conversion of special Act insurance company |
| 17 | Continuation of business authorization on conversion of special Act insurance company |
| Division 1.4 — Continuation of Trust Companies and Insurance Companies |
| 18 | Consent required for continuation of extraprovincial trust corporation or extraprovincial insurance corporation into British Columbia |
| 19 | Consent required for continuation of trust company or insurance company out of British Columbia |
| Division 1.5 — Amalgamation of Trust Companies and Insurance Companies |
| 20 | Consent required for amalgamation of trust company or insurance company |
| Division 1.6 — Arrangements, Acquisitions or Dispositions by Trust Companies and Insurance Companies |
| 21 | Consent of Authority to arrangement, acquisition or disposition |
| Division 1.7 — Background for Consents |
| 22 | Consent required for continuation or amalgamation |
| 23 | Superintendent may obtain information to support consent considerations |
| Division 2 — Dissolution and Winding Up of Trust Companies and Insurance Companies |
| 24 | Notice to superintendent required on voluntary dissolution or winding up |
| 25 | Winding up by Supreme Court order — superintendent is party |
| 25.1 | Liquidation and dissolution by court order |
| 26 | Liquidation and dissolution on direction of Authority |
| 27 | Application of this Part |
| 28 | Duties of liquidators on Authority-ordered liquidation and dissolution |
| 29 | Deferral of dissolution |
| 30 | Publication of notice |
| 31 | Filing quarterly statements and producing records |
| 32 | Examination of trust and insurance companies being liquidated and dissolved |
| 33 | Information required on restoration applications |
| 33.1 | Provisional liquidator |
| 34-40 | Repealed |
| Division 3 — Special Provisions Respecting Insurance Companies Ceasing Business or Winding Up |
| 41 | Provisions for subsisting contracts of insurance |
| 42 | Reinsurance arranged by liquidator |
| 43 | Rights of the insured on reinsurance |
| 44 | Termination if reinsurance is not arranged |
| 45 | Liquidator's duty to give notice |
| 46 | Provision for payment of losses, preferred claims and unearned premiums |
| 47 | Endowment and life funds distributed |
| Division 4 — Ownership of Trust and Insurance Companies |
| 48 | Definitions and interpretation for Division |
| 49 | Determination of base level ownership percentage |
| 50 | Share acquisition restrictions |
| 51 | Grounds for refusal of consent to major share acquisition |
| 52 | Reporting requirement |
| 53 | Shares acquired in contravention of section 50 not registrable |
| 54 | Prohibition on dividends |
| 55 | No voting rights if excess shareholdings |
| 56 | Validity of transfer of voting shares |
| 57 | Directors' bylaws — members' declarations |
| 58 | Superintendent may require declaration of share ownership |
Part 3 — Business Authorization and Business |
| Division 1 — Business Authorization of Financial Institution |
| 59 | Commencement of business |
| 60 | Business authorizations for corporations now in business |
| 61 | Application for business authorization |
| 62 | Conditions on business authorization |
| 63 | Certificate of business authorization |
| 64 | Voluntary revocation of business authorization |
| Division 2 — Operation of Financial Institutions |
| 65 | Authorized business |
| 66 | Membership in insurance plan |
| 67 | Capital and liquidity of financial institutions |
| 68 | Repealed |
| 69 | Restriction on right to appoint receiver |
| Division 3 — Trust Business |
| 70 | Unauthorized trust business by corporations prohibited |
| 71 | Repealed |
| 72 | Common trust funds authorized |
| 73 | Extent of liability |
| 74 | Execution of trusts |
| Division 4 — Insurance Business |
| 74.1 | Mutual company definition |
| 75 | Unauthorized insurance business prohibited |
| 76 | Exceptions |
| 77 | Reserves |
| 78 | Reinsurance |
| 79 | Rebates of premiums prohibited |
| 80 | Separation of class funds of insurance company |
| 80.1 | Coverage by property insurer |
| 80.2 | Obligation of insurer with respect to agent's commission |
| 80.3 | Insurer — complaint resolution |
| Division 5 — Deposits and Borrowing of Trust Companies and Credit Unions |
| 81 | Unauthorized deposit business prohibited |
| 82 | Deposits in credit unions |
| 83 | Deposits from persons unable to contract |
| 84 | Disposition of deposits |
| 85 | Inactive deposits |
| 86 | Limitation on lending |
| 87 | Subordinated notes |
| Division 6 — Marketing of Financial Products |
| 88-90 | Repealed |
| 91 | Disclosure of identity in advertising, etc |
| 92 | Insurers and licensees to file policy forms |
| 92.1 | Requirements of out of province insurers |
| 92.2 | Online sale of insurance |
| 93 | Prohibition against unfair, misleading or deceptive documents |
| 94 | Coercive tied selling prohibited |
| 94.1 | Insurance company — code of market conduct |
| 94.2 | Credit union — code of market conduct |
| 94.3 | Credit union — complaint resolution |
| 95 | Repealed |
| 96 | Substitute action of superintendent |
Part 4 — Corporate Governance |
| Division 1 — Directors and Officers of Financial Institutions |
| 97 | Number of directors and unaffiliated directors |
| 98 | Repealed |
| 98.1 | Cumulative voting for directors |
| 99 | Removal of directors and officers |
| 100 | Credit union directors ceasing to hold office |
| 101 | Standard of care for directors and officers |
| 101.1 | Director's application to Supreme Court — superintendent is party |
| 102 | Indemnification of directors and officers |
| 103 | Quorum and unaffiliated directors |
| 104 | Misuse of confidential information |
| 105 | Information required of directors and senior officers |
| 106 | Meeting requested by auditor |
| 107 | Meeting requested by superintendent |
| 108 | Director's statement on own resignation or pending removal |
| 109 | Circulation of director's statement |
| 110 | Directors' remuneration |
| 111 | Committees |
| 112 | Conduct review committee |
| Division 2 — Auditors and Audit Committees of Financial Institutions |
| 113 | Auditor |
| 114 | Auditor may be a depositor |
| 115 | Audit committee and unaffiliated directors |
| 116 | Auditor has right to attend directors' meetings |
| 117 | Appointment and removal of auditor |
| 118 | Report to accounting body |
| 119 | Resignation of auditor |
| 120 | Auditor appointment for subsidiary |
| 121 | Amendment of financial statements and auditor's report |
| 122 | Repealed |
| 123 | Report to directors |
| 124 | Additional reporting |
| 125 | Additional auditor |
| 126 | No liability |
| Division 2.1 — Actuaries — Insurance Companies |
| 126.1 | Definition |
| 126.11 | Actuaries |
| 126.12 | Notice of appointment |
| 126.13 | Designated individual |
| 126.14 | Qualifications of actuary |
| 126.15 | Senior officers precluded |
| 126.16 | Revocation of actuary's appointment |
| 126.17 | Declaration of vacancy by court |
| 126.18 | Ceasing to hold office |
| 126.19 | Filling vacancy |
| 126.2 | Statement of actuary |
| 126.21 | Duty of replacement actuary |
| 126.22 | Right to information |
| 126.23 | Actuary's valuation |
| 126.24 | Special valuation |
| 126.25 | Notice of meeting to actuary |
| 126.26 | Actuary's report |
| 126.27 | Report to directors |
| 126.28 | Report on matters requiring rectification |
| 126.29 | Actuary's procedures |
| 126.3 | Qualified privilege |
| 126.31 | No liability |
| Division 3 — Books, Records, Returns and Financial Statements of Financial Institutions |
| 127 | Filings |
| 128 | Financial statements |
| 129 | Accounting principles |
| 130 | Public access to financial information |
| 131 | Financial year end |
| 132 | Records filed with registrar |
| 133 | Location of records |
| 134 | Repealed |
| Division 4 — Investments and Lending of Financial Institutions |
| 135 | Investment and loan committee |
| 136 | Investment and loan standards |
| 137 | Superintendent's powers over investment and lending policy |
| 138 | Compliance with investment and lending limits |
| 139 | Credit unions not permitted to invest in other credit unions |
| 139.1 | Credit unions require consent for prescribed transactions |
| 140 | Other authorized loans, investments and activities of subsidiaries |
| 141 | Investment in a corporation |
| 142 | Other authorized investments |
| 143 | Disposal of investments |
| 143.1 | Loans and guarantees prohibited |
| 143.2 | Financial assistance restricted |
| 143.3 | Contract enforceable |
Part 5 — Related Parties |
| 144 | Interpretation and designation of related parties |
| 145 | When related party transactions are permitted |
| 146 | Conduct review committee's power to approve other transactions |
| 147 | When superintendent may consent to related party transactions |
| 148 | Restrictions on self dealing as a fiduciary |
| 149 | Disclosure by related parties |
| 150 | Voidable transactions |
| 151 | Derivative action |
| 152 | Liability arising from related party transactions |
| 153 | Burden of proof |
| 154 | Reporting by auditor |
| 155-156 | Repealed |
Part 6 — Regulation of Other Persons |
| Division 1 — Extraprovincial Corporations |
| 157 | Definition of "primary jurisdiction" |
| 158 | Application of this Division |
| 159 | Authorized business |
| 160 | Business authorization for extraprovincial trust or insurance corporation |
| 160.1 | Business authorization for extraprovincial credit union |
| 161 | Name |
| 162 | Records |
| 163 | Filings |
| 164 | Requirement for notice of regulatory action outside British Columbia |
| 165 | Examination of extraprovincial corporations |
| 166 | Amalgamation of extraprovincial corporations |
| 167 | Notice of ceasing business |
| Division 2 — Insurance Agents and Adjusters |
| 168 | Definitions for Division |
| 169 | Exercise of rights under licence |
| 170 | Nominees |
| 171 | Prohibition of unlicensed agents and salespersons |
| 172-173 | Repealed |
| 174 | Issue of licences |
| 175 | Repealed |
| 176 | Insurance applications to be accepted only from holders of licences |
| 177 | Selling offences |
| 178 | Payment of commission to unlicensed agents prohibited |
| 179 | Persons who may negotiate settlement of personal injury claim |
| 180 | Prohibition of unlicensed adjusters |
| 181-185 | Repealed |
| Division 3 — Reciprocal Exchanges for Insurance |
| 186 | Interpretation |
| 187 | Permit for reciprocal insurance |
| Division 4 — Mutual Fire Insurance Companies |
| 188 | Definition |
| 189 | Application |
| Division 5 — Societies Engaged in Insurance |
| 190 | Definition of society |
| 191 | Deemed business authorization for certain existing societies |
| 192 | Provisions applicable |
| 193 | Certain other existing societies exempt |
| 194 | When society not entitled to receive business authorization |
| 195 | Actuarial certificates |
| 196 | Limit of insurance money payable |
| 197 | Amendment of charter |
| 197.1 | Consent required for alteration to constitution or bylaws or for amalgamation of authorized society |
| 198 | Society operating outside British Columbia |
| 199 | Societies |
| 200 | Provisions applicable to certain societies |
Part 7 — Administration of the Regulation of Financial Institutions |
| Division 1 — BC Financial Services Authority |
| 201 | BC Financial Services Authority |
| 201.1 | Rules of the Authority |
| 201.2 | Procedures for rules |
| 201.3 | Regulation prevails over rule |
| 202-202.1 | Repealed |
| 203 | Panels |
| 204-205 | Repealed |
| 206 | Requirement to insure |
| 207 | Superintendent of Financial Institutions |
| 208 | Power to require undertakings and make agreements |
| 209 | Capacity outside British Columbia |
| 210 | Examinations, audits, inspections |
| 211 | Superintendent may require information |
| 211.1 | Requirement for notice of action outside British Columbia |
| 212 | Examination |
| 213 | Inquiries |
| Division 1.1 — Special Examinations and Investigations |
| 213.1 | Definitions |
| 214 | Special examination |
| 215 | Investigation |
| 215.1 | Extrajurisdictional evidence |
| 215.2 | Extrajurisdictional request for evidence |
| 216 | Witnesses in a special examination or investigation |
| 216.1 | Powers of entry |
| 216.2 | Warrant to enter residence |
| 216.3 | Powers on inspection |
| 216.4 | Certified copies of records as evidence |
| 216.5 | Obstructing or interfering with inspection |
| 216.6 | Immunities on special examination or investigation |
| Division 1.2 — Information and Records |
| 217 | Extension of time |
| 218 | Confidential information |
| 218.1 | Privileged information — supervisory information |
| 218.2 | Privileged information — self-evaluative compliance audits |
| 219 | Agreements with other jurisdictions |
| 219.01 | Agreement with other authorities and market conduct database administrator |
| 219.1 | Collecting and sharing information respecting financial institutions |
| 219.2 | Collecting personal information |
| Division 2 — Insurance Council of British Columbia |
| 220 | Establishment of the Insurance Council of British Columbia |
| 221 | Alternates |
| 222 | Executive director |
| 223 | Committees |
| 224 | Voting |
| 225 | Meetings |
| 225.1 | Rules of council |
| 225.2 | Procedures for and availability of rules |
| 225.3 | Regulation prevails over council rule |
| 226 | Administrative policies |
| 227 | Duties of council |
| 228-229 | Repealed |
| 230 | Effect of a transfer of powers to superintendent |
| 231 | Council may suspend, cancel or restrict licences and impose fines |
| 232 | Investigation |
| 232.1 | Witnesses on an investigation |
| 232.2 | Powers of entry |
| 232.3 | Warrant to enter residence |
| 232.4 | Powers on investigation |
| 232.5 | Certified copies of records as evidence |
| 232.6 | Obstructing or interfering with investigation |
| 233-234 | Repealed |
| Division 3 — Hearings and Appeals |
| 235 | Orders, consents and refusals to be in writing |
| 236 | Power to impose conditions |
| 237 | Hearing requirements |
| 238 | Summary procedure — superintendent or council |
| 238.1 | Summary procedure — superintendent or Authority |
| 239 | Public hearing |
| 240 | Witnesses at hearings |
| 241 | Costs of investigation |
| 241.1 | Assessment of costs |
| 242 | Appeal from a decision of the superintendent or council |
| 242.1 | Financial Services Tribunal |
| 242.2 | Practice and procedure |
| 242.3 | Judicial review |
| 242.4 | Appeal from a decision of the Authority |
| 243 | Personal liability protection |
Part 8 — Sanctions |
| Division 1 — General Sanctions |
| 244 | Authority's order to cease or remedy |
| 245 | Order to freeze property |
| 246 | Order for compliance |
| 247 | Valuation of assets and insurance contracts |
| 248 | Supervision of central credit union |
| 249 | Revocation of business authorization |
| 250 | Notice of revocation of business authorization |
| 251 | Court order to appoint receiver, etc. |
| Division 2 — Offences and Penalties |
| 252 | Offences |
| 253 | Penalties |
| 253.1 | Administrative penalties |
| 253.2 | Limitation on proceedings |
| 253.3 | Failure to pay administrative penalty |
| 254 | Remedies preserved |
| 255 | Limitation period |
| 256 | Court order to comply |
| 257 | Restitution |
| 258 | Innocent third parties |
| 259 | Remedy of irregularities |
Part 9 — Deposit Insurance and Stabilization of Credit Unions |
| 260 | Definitions and interpretation for Part |
| Division 1 — Credit Union Deposit Insurance Corporation of British Columbia |
| 261 | Credit Union Deposit Insurance Corporation of British Columbia |
| 262 | General powers of the deposit insurance corporation |
| 263 | Accounting records |
| 264 | Appointment of auditor |
| 265 | Auditor's report |
| Division 2 — Deposit Insurance |
| 266 | Guarantee of credit union deposits |
| 267 | Fund |
| 268 | Contributions to fund |
| 269 | Issue of debentures |
| 270 | Redemption of debentures |
| 271 | Fund impaired |
| 272 | Investment by deposit insurance corporation |
| 273 | Acts not applicable |
| 274 | Fund protection symbol |
| Division 3 — Stabilization |
| 275 | Supervision of credit union |
| 276 | Duration of supervision |
| 277 | Orders in relation to credit union that is subject to supervision |
| 277.1 | Additional circumstances in which section 277 (2) orders may be made |
| 277.2 | Assistance to administrator in relation to section 277 (2) orders |
| 278 | Administrator's powers |
| 279 | Administrator |
| 280 | Financial assistance |
| Division 4 — Stabilization Authority |
| 281 | Stabilization authority defined |
| 282 | Designation |
| 283 | Mandatory membership |
| 284 | Revocation of stabilization authority status and delegated powers |
| 285 | Superintendent may delegate to stabilization authority |
| 286 | Repealed |
| 287 | Advance from fund to stabilization authority |
| 288 | Annual report of stabilization authority |
Part 10 — Regulations and Transition |
| Division 1 — Regulations |
| 289 | Regulations |
| 290 | Transfer of disciplinary powers |
| Division 2 — Transitional Provisions |
| 291 | Validity of loans |
| 292 | Validity of credit union amalgamations before June 25, 1975 |
| 293 | Variation of agreements |
Part 11 — Review of Act |
| 294 | Review of Act |