C.C.S.M. c. I40
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| 1
| Definitions
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| PART I
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| SUPERINTENDENT AND HIS DUTIES
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| 2(1)
| Appointment of superintendent, deputy, and staff
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| (2)
| Duties of
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| (3)
| Applications under section 280 of The Corporations Act
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| 3
| Duties of deputy
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| 4(1)
| Agreement with Canada for inspection of insurers
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| (2)
| Provision for payment to Canada
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| (3)
| Regulations for carrying agreement into effect
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| (4)
| Superintendent to ascertain inspection expenditure during last preceding year
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| (5)
| Assessment
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| (6)
| Payment of assessment
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| 5(1)
| Agreement for guarantee of insurers
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| (2)
| Regulations
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| 6(1)
| Taking evidence
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| (2)
| Oaths
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| 7
| Superintendent not to be shareholder
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| 8(1)
| Immunity of superintendent and insurance council
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| (2)
| Actions by superintendent
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| (3)
| Leave
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| BOOKS AND RECORDS
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| 9(1)
| Records of superintendent
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| (2)
| Inspection
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| 10(1)
| Notice of licence in Manitoba Gazette
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| (2)
| Annual publication in Manitoba Gazette
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| (3)
| Certificate of filing evidence
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| DUTIES RESPECTING LICENCES
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| 11
| Superintendent to determine right to licence
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| 12(1)
| Applications for approval by superintendent
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| (2)
| Appeal
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| 13(1)
| Decision of superintendent
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| (2)
| Certified copy of
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| (3)
| Stenographic report of evidence
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| 14
| Appeal
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| INVESTIGATION OF INSURERS
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| 15
| Consequences of failure to answer inquiries
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| 16
| Access to books
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| 17
| Duty to furnish information on request
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| 18(1)
| Annual inspection of insurers
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| (2)
| Examination of affairs of insurer
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| (3)
| Duty of officers and agents to facilitate examination
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| (4)
| Production of books at head office
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| (5)
| Examination of affairs of an insurer
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| (6)
| Expenses of examination
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| (7)
| Recovery of expenses
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| (8)
| Assistants and their remuneration
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| (9)
| Disposal of moneys paid for expenses
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| (10)
| Inspection adopted
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| SERVICE OF PROCESS
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| 19(1)
| Service of process on superintendent
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| (2)
| Contracts on cessation of licence
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| (3)
| Insurer to file address
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| (4)
| Superintendent to forward process
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| (5)
| Record and remuneration
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| (6)
| No judgment by default unless service is proved
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| ANNUAL REPORT
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| 20(1)
| Annual report
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| (2)
| Permissible investments
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| (3)
| Superintendent's correction of annual statements
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| (4)
| Appraisement of real estate of insurer
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| (5)
| Appraisement of security
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| (6)
| Appraisement of other investments
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| (7)
| What investments allowed
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| (8)
| Saving
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| (9)
| Appeal
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| APPEAL FROM SUPERINTENDENT'S DECISION
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| 21(1)
| Appeal
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| (2)
| Certificate
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| PART II
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| GENERAL PROVISIONS APPLICABLE TO INSURERS IN MANITOBA CARRYING ON BUSINESS
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| 22(1)
| Undertaking insurance
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| (2)
| Carrying on business
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| 23(1)
| Certain organizations deemed insurers
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| (2)
| Definition of "contingency levy"
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| LICENCES
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| 24(1)
| Necessity of licence
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| (2)
| Prohibition of unlicensed insurance
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| (3)
| Prohibition against person acting on behalf of unlicensed insurer
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| (4)
| Exceptions
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| (5)
| Carrying on business in foreign jurisdiction without authority
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| (6)
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| 25
| Reinsurance with unlicensed insurer
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| 26(1)
| What insurers may be licensed
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| (2)
| Effect of licence
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| 27(1)
| Classes of insurance
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| (2)
| Limited or conditional licence
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| (3)
| Variation of conditions, etc.
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| (4)
| Determination of classes of insurance by superintendent
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| (5)
| Conditions of automobile insurance licence
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| (6)
| Penalty for breach
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| 28
| Scope of life insurance
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| 29(1)
| Scope of fire insurance licence
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| (2)
| Insurance of automobiles against fire
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| 30(1)
| Restrictions on granting licence
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| (2)
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| (3)
| Further restrictions on granting licences
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| (4)
| Mutual insurance company
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| (5)
| Application of other Part
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| (6)
| Evidence by insurer whose head office outside of province
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| (7)
| Certain types of agreements requiring superintendent's approval
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| (8)
| Regulations designating members of guarantee plan
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| (9)
| Obligations of membership
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| (10)
| Failure to observe obligations
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| (11)
| Exemptions from membership
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| 31
| Information preliminary to licence
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| 32(1)
| Documents to be filed by applicants for licence
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| (2)
| Exemption from certain filings
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| (3)
| Changes
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| 33(1)
| Statement of expenses of organization
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| (2)
| To what limited
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| (3)
| Conditions precedent to issue of licence
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| 34
| Form of licence
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| 35
| Issue of licence
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| CANCELLATION OF LICENCE
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| 36(1)
| Withdrawal of licence for non-payment of claims
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| (2)
| Revival of licence
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| 37
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| 37.1
| Suspending or cancelling a licence
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| 38(1)
| Insufficiency of assets to be reported by superintendent
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| (2)
| Suspension or cancellation
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| (3)
| Effect of
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| (4)
| Limited licence
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| (5)
| Failure to meet financial criteria
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| 39
| Suspension elsewhere
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| 40
| Revival of licence
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| 41
| Report of violations
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| SUPPLEMENTARY PROVISIONS RESPECTING CORPORATE GOVERNANCE OF INSURERS INCORPORATED IN MANITOBA
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| 41.1(1)
| Definitions
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| (2)
| Affiliated bodies
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| 41.2(1)
| Sections 41.1 to 41.25 supplementary to Corporations Act
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| (2)
| Precedence over Corporations Act
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| 41.3(1)
| Unanimous shareholder agreements not allowed
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| (2)
| Shareholders must appoint auditor
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| 41.4(1)
| Control of a body corporate or other entity
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| (2)
| Deemed control
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| (3)
| Deemed control — common ownership of securities
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| 41.5(1)
| Significant interest in insurer's shares
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| (2)
| Substantial investment in a body corporate
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| (3)
| Substantial investment in an unincorporated entity
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| 41.6(1)
| Five directors required
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| (2)
| Residency
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| (3)
| Majority to be residents
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| (4)
| Exception
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| 41.7(1)
| Duties of directors
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| (2)
| Duties re audits and controls
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| (3)
| Appointing actuary
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| (4)
| Filling vacancy in actuary's position
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| (5)
| Superintendent may exempt certain insurers
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| (6)
| Statement of actuary
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| (7)
| Duty of replacement actuary
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| (8)
| Exception
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| (9)
| Effect of non-compliance
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| 41.8
| Qualifications of directors
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| 41.9
| Limit on directors who are employees
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| 41.10(1)
| Limit on affiliated directors
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| (2)
| When a person is an affiliated director
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| (3)
| Determination of affiliation
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| 41.11(1)
| Determination by superintendent re affiliation
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| (2)
| Effective period of determination
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| 41.12(1)
| Statement of dissenting director
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| (2)
| Resignation of director due to disagreement
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| (3)
| Circulating statement
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| (4)
| Refraining from sending statement
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| (5)
| Immunity
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| 41.13(1)
| When composition of board fails
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| (2)
| Determining affiliation — vacancy
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| 41.14
| At least four directors' meetings per year
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| 41.15
| Quorum at meeting of directors' committee
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| 41.16(1)
| At least one unaffiliated director at meeting
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| (2)
| Exception
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| 41.17(1)
| Record of attendance at directors' meetings
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| (2)
| Statement to shareholders
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| 41.18(1)
| Meeting required by superintendent
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| (2)
| Superintendent may attend and address meeting
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| 41.19
| Audit committee
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| 41.20(1)
| Duties of the audit committee
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| (2)
| Report to directors
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| (3)
| Audit committee may call a meeting of directors
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| 41.21(1)
| Auditor's statement re s. 162(5) of C225
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| (2)
| Circulating statement
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| 41.22
| Application of Division VIII of Part XXIV of C225
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| 41.23
| Conduct review committee
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| 41.24(1)
| Duties of the conduct review committee
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| (2)
| Insurer report to superintendent
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| 41.25
| Conduct committee to report to directors
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| 42
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| 43
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| 44 to 48
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| 49 to 50
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| 51
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| HEAD OFFICE
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| 52
| Changing head office
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| 53 to 75
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| INVESTMENTS
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| 76(1)
| Investment of surplus funds
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| (2)
| Deposit in bank, trust company, credit union or caisse populaire
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| BOOKS OF INSURERS
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| 77(1)
| Books to be kept
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| (2)
| Amount of accountant's expenses
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| 78
| Inspection of registers
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| RECORDS AND RETURNS
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| 79(1)
| Records to be kept
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| (2)
| Audit of
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| (3)
| Expense of
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| (4)
| Statement of premium income and losses
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| (5)
| Penalty
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| 80(1)
| Return by insurer of automobiles
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| (2)
| Agency to compile
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| (3)
| Application of sections
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| 81
| By-laws filed
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| 82
| Balance sheet filed
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| 83
| Report of auditor on books
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| 84(1)
| Annual statement
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| (1.1)
| Annual statement: reinsurance
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| (1.2)
| "Reinsurance" defined
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| (2)
| Verification of
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| (3)
| Answers to inquires
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| (4)
| Contents of statement
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| (5)
| Life insurance
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| (6)
| Restrictions
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| (7)
| Value of securities
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| (8)
| Discretion of superintendent
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| 85
| No publication before filing
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| 86
| Misrepresentation as to statement, report, etc.
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| 87
| Misleading statement prohibited
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| LIFE INSURANCE RESERVES
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| 88(1)
| Standard of valuation
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| (2)
| Deductions in first year policy
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| (3)
| Deductions in subsequent years
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| (4)
| Deductions where less than 10 premiums
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| (5)
| Contract self-supporting
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| (6)
| Accident and sickness benefits
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| (7)
| Annuity contracts
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| (8)
| Insurer with federal order
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| INSURANCE WITH UNLICENSED INSURERS
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| 89
| Insurance with unlicensed insurers
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| DEALINGS IN LIFE INSURANCE POLICIES
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| 90
| Traffic in life insurance policies prohibited
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| 91(1)
| Prohibition of certain policies
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| (2)
| Unfair forms of policy or application
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| (3)
| Insurer guilty of offence
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| (4)
| Insurer and agent guilty of offence
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| (5)
| Appeal
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| 92
| Effect of violation of law on enforcement of policy
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| 93
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| FORFEITURE FOR NON-USER OR DISCONTINUANCE
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| 94(1)
| Non-user forfeits charter
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| (2)
| Rights of creditors preserved
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| (3)
| Onus
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| APPOINTMENT OF SUPERVISOR
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| 95(1)
| When supervisor may be appointed
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| (2)
| Effect of appointment of supervisor
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| (3)
| Powers of minister
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| (4)
| Removal of supervisor by court
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| LIQUIDATION AND WINDING-UP
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| 96
| Application of Corporations Act to provincial insurance cos.
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| 97(1)
| Winding-up on application of superintendent
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| (2)
| Approval of Lieutenant Governor in Council
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| (3)
| Application of The Corporations Act to winding-up
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| 98(1)
| Appointment of provisional liquidator by minister
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| (2)
| Powers of provisional liquidator
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| (3)
| Petition by provisional liquidator for winding-up order
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| (4)
| Sale of business by liquidator or provisional liquidator
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| 99(1)
| Remuneration of provisional liquidator
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| (2)
| Payment of cost of provisional liquidator
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| (3)
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| 100(1)
| Notice of ceasing business or meeting to consider winding-up to be given
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| (2)
| Notice to superintendent of voluntary winding-up
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| (3)
| Publication of notice
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| (4)
| Consent to winding-up of fraternals and mutuals
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| 100.1
| Definitions
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| 101(1)
| Reinsurance arranged by liquidator or provisional liquidator
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| (2)
| Funds available for reinsurance
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| (3)
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| (4)
| Payments to creditors other than preferred
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| (5)
| Reinsurance of part of contracts only
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| (6)
| Approval of reinsurance by court
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| (7)
| Saving
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| 102
| Payment of costs of liquidator or provisional liquidator
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| 103(1)
| Termination date fixed where reinsurance not arranged
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| (2)
| Termination of Manitoba contracts where termination date fixed in another province
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| (3)
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| 104
| Publication of notice of termination date
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| 105(1)
| Provision for payment of claims for losses and preferred claims
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| (2)
| Provision for payment of unearned premiums
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| (3)
| Calculation of unearned premium claims
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| (4)
| Effect of refund of unearned premium
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| (5)
| Saving
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| 106
| Payment of government fees, taxes, etc.
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| 107(1)
| Filing with court of quarterly statements by receiver
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| (2)
| Production of books, etc., by liquidator
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| (3)
| Failing to provide information
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| 108(1)
| Endowment and life funds distributed
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| (2)
| Procedure
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| (3)
| Merger of funds
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| 109
| Extension of licence
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| FEE FOR LATE OR INCOMPLETE REPORTS, RETURNS OR STATEMENTS
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| 110
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| 111(1)
| Meaning of "default" re reports and returns
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| (1.1)
| Fee for default in filing of returns and reports
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| (2)
| Superintendent must give notice of default
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| (3)
| When liability to pay the fee arises
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| (4)
| Fee is a debt to the government
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| (5)
| Fee additional to fine
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| 112
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| 113(1)
| Definitions
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| (2)
| Prohibition
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| (3)
| Investigation by superintendent
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| (4)
| Order of superintendent
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| (5)
| Further contents of order
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| (6)
| Hearing
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| (7)
| Service and effect of order
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| (8)
| Appeal to minister
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| (9)
| Appeal to court
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| (10)
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| (11)
| Effect of termination of contract
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| (12)
| Restriction on insurer
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| FEES AND REGULATIONS
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| 114(1)
| Fees
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| (2)
| Payment of
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| (3)
| Power to regulate
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| (4)
| Effect of order
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| PART III
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| INSURANCE CONTRACTS IN MANITOBA
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| 115
| Application of Part
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| 116
| Contracts made in the province
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| POLICY OF INSURANCE
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| 117(1)
| Terms invalid unless set out in full
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| (2)
| Renewal
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| (3)
| Statements must be material
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| (4)
| Error in statement must be material to affect contract
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| (5)
| Materiality question of fact
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| (6)
| Exceptions
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| 118
| Copy of application
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| 119(1)
| Contracts generally
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| (2)
| Non-compliance not to invalidate
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| 120(1)
| Contents of policy
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| (2)
| Where section not applicable
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| 121(1)
| Application of section
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| (2)
| Appraisers
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| (3)
| Appraisal
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| (4)
| Costs
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| (5)
| Appointment by judge
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| 122
| Policy payable in Canadian money
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| 123(1)
| Waiver of term or condition
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| (2)
| Waiver
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| (3)
| Court may proceed where no appraisal made, etc.
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| 124(1)
| Red ink
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| (2)
| Where section not applicable
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| 125(1)
| Effect of delivery of policy
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| (2)
| Suit for premium
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| (3)
| Termination of contract
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| LOSS UNDER POLICY
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| 126(1)
| Forms of proof
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| (2)
| Failure to provide proof of loss forms
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| (3)
| Allowance of void policy
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| (4)
| Effect of furnishing forms
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| 127(1)
| Right of injured third party against insurer
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| (2)
| Where subsection (1) not applicable
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| 128(1)
| Consolidating actions
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| (2)
| Infants' actions
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| (3)
| Apportionment of insurance money
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| (4)
| Payment to foreigner
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| 129(1)
| Insurer paying into court
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| (2)
| Indemnity
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| 130
| Relief from forfeiture
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| 131
| Limitation of actions
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| NOTICES
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| 132(1)
| Service of notice
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| (2)
| Service by letter
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| INSURANCE AS COLLATERAL SECURITY
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| 133(1)
| Insurance clauses in mortgages, etc.
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| (2)
| Mortgagee not to receive commission from insurer
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| (3)
| Payment of commission prohibited
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| (4)
| Specifying of insurer prohibited
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| (5)
| Rights of mortgagee or vendor
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| (6)
| Right of mortgagee or vendor to insurer
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| (7)
| Duty to give description of property and amount of insurance
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| (8)
| Effect of section
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| (9)
| Offence
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| 134(1)
| Effect of assignment of right to refund
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| (2)
| Statement by insurer
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| 135 and 136
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| PART IV
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| FIRE INSURANCE
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| 137(1)
| Application of Part
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| (2)
| Exception
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| 138(1)
| Perils insured against
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| (2)
| Radio-active contamination
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| (3)
| Removal to prevent loss
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| (4)
| Extended insurance
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| (5)
| Livestock
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| 139
| Renewal of contract
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| 140
| Effect of making application
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| 141(1)
| Cancellation by insurer
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| (2)
| Notice of cancellation
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| 142(1)
| Effect of Statutory Conditions
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| (2)
| Meaning of "policy"
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| STATUTORY CONDITIONS
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| 1
| Misrepresentation
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| 2
| Property of others
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| 3
| Change of interest
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| 4
| Material change
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| 5(1)
| Termination of contract
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| (2)
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| (3)
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| (4)
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| (5)
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| 6(1)
| Requirements after loss
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| (2)
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| 7
| Fraud
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| 8
| Who may give notice and proof
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| 9(1)
| Salvage
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| (2)
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| 10
| Entry, control abandonment
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| 11
| Appraisal
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| 12
| When loss payable
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| 13(1)
| Replacement
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| (2)
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| 14
| Action
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| 15
| Notice
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| 143
| Limitation clauses
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| 144(1)
| Several policies
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| (2)
| Policy deemed in force
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| (3)
| Division into items
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| (4)
| Deductible clauses
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| (5)
| Limitation
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| (6)
| First loss insurance
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| 145
| Unjust exclusions
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| 146(1)
| Subrogation
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| (2)
| Loss divided
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| 147(1)
| Return of premium paid on insurance in excess of appraised value of property
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| (2)
| Where not applicable
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|
| PART V
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|
| LIFE INSURANCE
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| 148(1)
| Definitions
|
| (2)
| Annuities as insurance for Part V
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|
| APPLICATION OF PART
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| 149(1)
| Application
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| (2)
| Beneficiary for value
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| (3)
| Preferred beneficiary
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| 150
| Group insurance
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| ISSUANCE OF POLICY AND CONTENTS THEREOF
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| 151(1)
| Insurer to issue policy
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| (2)
| Documents forming contract
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| (3)
| Contract of fraternal society
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| (4)
| Copy of application
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| 152(1)
| Exceptions
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| (2)
| Contents of policy
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| 153
| Contents of group policy
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| 154
| Contents of group certificate
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| CONDITIONS GOVERNING FORMATION OF CONTRACT
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| 155(1)
| Insurable interest
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| (2)
| Exceptions
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| (3)
| Consent in case of minor
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| (4)
| Where court may order termination
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| 156
| Insurable interest defined
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| 157(1)
| Contract taking effect
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| (2)
| Delivery to agent
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| 158(1)
| Default in paying premium
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| (2)
| Payment by registered letter
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| 159(1)
| Who may pay premium
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| (2)
| Period of grace
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| (3)
| Contract in force during grace period
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| 160(1)
| Duty to disclose
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| (2)
| Failure to disclose
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| 161(1)
| Exceptions
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| (2)
| Incontestability
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| (3)
| Incontestability in group insurance
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| 162
| Non-disclosure by insurer
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| 163(1)
| Exceptions
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| (2)
| Misstatement of age
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| (3)
| Limitation of insurable age
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| 164
| Misstatement of age in group insurance
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| 165(1)
| Effect of suicide
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| (2)
| Suicide and reinstatement
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| 166(1)
| Exceptions
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| (2)
| Reinstatement
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| (3)
| Exceptions
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| (4)
| Application of other sections
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| DESIGNATION OF BENEFICIARIES
|
| 167(1)
| Designation of beneficiary
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| (2)
| Change in designation
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| (3)
| Meaning of "heirs", etc.
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| 168(1)
| Designation of beneficiary irrevocably
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| (2)
| Attempted designation
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| 169(1)
| Designation in invalid will
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| (2)
| Priorities
|
| (3)
| Revocation
|
| (4)
| Revocation
|
| 170(1)
| Trustee for beneficiary
|
| (2)
| Payment to trustee
|
| 171(1)
| Beneficiary predeceasing life insured
|
| (2)
| Several beneficiaries
|
| 172
| Right to sue
|
| 173(1)
| Insurance money free from creditors
|
| (2)
| Contract exempt from seizure
|
|
| DEALINGS WITH CONTRACT DURING LIFETIME OF INSURED
|
| 174
| Insured dealing with contract
|
| 175(1)
| Insured entitled to dividends
|
| (2)
| Insurer may use dividends
|
| 176(1)
| Transfer of ownership
|
| (2)
| Successive owners
|
| (3)
| Saving
|
| 177(1)
| Interest of assignee
|
| (2)
| Effect on beneficiary's rights
|
| (3)
| Assignee deemed to be insured
|
| (4)
| Prohibition against assignment
|
| 178
| Group life insured enforcing rights
|
|
| MINORS
|
| 179
| Capacity of minors
|
|
| PROCEEDINGS UNDER CONTRACT
|
| 180
| Proof of claim
|
| 181(1)
| Place of payment
|
| (2)
| Dollars
|
| 182(1)
| Payment outside province
|
| (2)
| Exception for group insurance
|
| 183
| Action in province
|
| 184(1)
| Limitation of action
|
| (2)
| Exception
|
| 185(1)
| Documents affecting title
|
| (2)
| Saving
|
| 186
| Declaration as to sufficiency of proof
|
| 187
| Declaration as to presumption of death
|
| 188(1)
| Court may make order
|
| (2)
| Payment under order
|
| 189
| Stay of proceedings
|
| 190
| Appeal
|
| 191
| Power of court
|
| 192
| Payment into court
|
| 193
| Simultaneous deaths
|
| 194(1)
| Insurance money payable in instalments
|
| (2)
| Commutation by beneficiary
|
| (3)
| Commutation after death of beneficiary
|
| (4)
| Interpretation
|
| 195(1)
| Insurer holding insurance money
|
| (2)
| Exception
|
| 196
| Court may order payment
|
| 197
| Costs
|
| 198
| Where beneficiary a minor
|
| 199
| Beneficiary under disability
|
|
| MISCELLANEOUS PROVISIONS
|
| 200
| Presumption against agency
|
| 201
| Insurer giving information
|
| 202
| Uniform interpretation
|
|
| PART VI
|
|
| ACCIDENT AND SICKNESS INSURANCE
|
| 203
| Interpretation
|
| 204(1)
| Application of this Part
|
| (2)
| Application of sections of prior Act
|
| (3)
| Exceptions
|
| 205
| Group insurance
|
| 206
| Issue of policy
|
| 207(1)
| Exceptions
|
| (2)
| Contents of policy
|
| (3)
| Contents of group policy
|
| 208(1)
| Definitions
|
| (2)
| Liability of group insurer on termination
|
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