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)
| Repealed
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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)
| Repealed
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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
| Repealed
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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
| Repealed
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| 43
| Repealed
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| 44 to 48
| Repealed
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| 49 to 50
| Repealed
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| 51
| Repealed
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| HEAD OFFICE
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| 52
| Changing head office
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| 53 to 75
| Repealed
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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
| Repealed
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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)
| Repealed
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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)
| Repealed
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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)
| Repealed
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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
| Repealed
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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
| Repealed
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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)
| Repealed
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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)
| Regulations
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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
| Repealed
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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)
|
|
| 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
|
| (2)
| Delivery to agent
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| 158(1)
| Default in paying premium
|
| (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
|
| (2)
| Incontestability
|
| (3)
| Incontestability in group insurance
|
| 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
|
| (2)
| Suicide and reinstatement
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| 166(1)
| Exceptions
|
| (2)
| Reinstatement
|
| (3)
| Exceptions
|
| (4)
| Application of other sections
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|
| DESIGNATION OF BENEFICIARIES
|
| 167(1)
| Designation of beneficiary
|
| (2)
| Change in designation
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| (3)
| Meaning of "heirs", etc.
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| 168(1)
| Designation of beneficiary irrevocably
|
| (2)
| Attempted designation
|
| 169(1)
| Designation in invalid will
|
| (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
|
| (3)
| Recurrence of disability
|
| (4)
| Limitation on liability
|
| (5)
| Rights of insured under replacing group contract
|
| 209(1)
| Contents of group certificate
|
| (2)
| Exception
|
| 210(1)
| Exceptions or reductions
|
| (2)
| Placing of exceptions
|
| (3)
| Reference in endorsements
|
| (4)
| Saving
|
| (5)
| Application of section
|
| 211
| Statutory conditions
|
|
| STATUTORY CONDITIONS
|
| 1(1)
| The contract
|
| (2)
| Waiver
|
| (3)
| Copy of application
|
| 2
| Material facts
|
| 3(1)
| Changes in occupation
|
| (2)
|
|
| 4
| Relations of earnings to insurance
|
| 5
| Termination by insured
|
| 6(1)
| Termination by insurer
|
| (2)
|
|
| (3)
|
|
| 7(1)
| Notice and proof of claim
|
| (2)
| Failure to give notice or proof
|
| 8
| Insurer to furnish forms for proof of claim
|
| 9
| Rights of examination
|
| 10
| When moneys payable other than for loss of time
|
| 11
| When loss of time benefits payable
|
| 12
| Limitation of actions
|
| 212(1)
| Omission or variation of conditions
|
| (2)
| Conditions 3, 4 and 9
|
| (3)
| Conditions 5 and 6
|
| (4)
| Less favourable variation
|
| (5)
| No variation
|
| (6)
| Time
|
| (7)
| Reproduction
|
| (8)
| Fraternal society
|
| 213
| Notice of statutory conditions
|
| 214(1)
| Termination for non-payment of initial or renewal premium
|
| (2)
| Exception
|
| 215(1)
| Right where premium unpaid
|
| (2)
| Where cheque or note for premium not paid
|
| (3)
| Exception
|
| (4)
| Fraternal society
|
| 216
| Insurable interest
|
| 217(1)
| Lack of insurable interest
|
| (2)
| Exceptions
|
| (3)
| Consent of minors
|
|
| POLICIES ON LIVES OF MINORS
|
| 218
| Capacity of minors
|
|
| AND NON-DISCLOSURE
|
| 219(1)
| Duty to disclose
|
| (2)
| Failure to disclose
|
| (3)
| Group insurance failure to disclose
|
| 220(1)
| Incontestability
|
| (2)
| Exception
|
| 221
| Application of incontestability to reinstatement
|
| 222
| Pre-existing conditions
|
| 223(1)
| Misstatement of age
|
| (2)
| Misstatement of age in group insurance
|
| (3)
| True age governs
|
|
| BENEFICIARIES
|
| 224(1)
| Designating a beneficiary
|
| (2)
| Designation in invalid will
|
| (3)
| Priorities
|
| (4)
| Revocation
|
| (5)
| Revocation
|
| 225(1)
| Meaning of "heirs", etc.
|
| (2)
| Death of beneficiary
|
| (3)
| Right to sue
|
| (4)
| Insurer's defences
|
| (5)
| Payment discharges insurer
|
| 226
| Trustee for beneficiary
|
| 227(1)
| Documents affecting title
|
| (2)
| Saving
|
| (3)
| Interest of assignee
|
| (4)
| Assignee deemed to be insured
|
| (5)
| Prohibition against assignment
|
| 228(1)
| Insurance money free from creditors
|
| (2)
| Contract exempt from seizure
|
| 229(1)
| Group person insured enforcing rights
|
| (2)
| Simultaneous deaths
|
| 230(1)
| Payment into court
|
| (2)
| Costs of proceedings
|
| (3)
| Discharge of insurer
|
| (4)
| Where beneficiary a minor
|
| (5)
| Costs
|
| (6)
| Procedure
|
| (7)
| Beneficiary under disability
|
| (8)
| Payments not exceeding $2,000.
|
| (9)
| Place of payment
|
| (10)
| Exception for group insurance
|
| (11)
| Dollars
|
| (12)
| Payment outside province
|
| (13)
| Payment to personal representative
|
| (14)
| Action in province
|
| (15)
| Insurer giving information
|
| (16)
| Undue prominence
|
| (17)
| Relief from forfeiture
|
| (18)
| Confinement condition
|
| (19)
| Presumption against agency
|
|
| PART VII
|
|
| AUTOMOBILE INSURANCE
|
| 231
| Definitions
|
| 232(1)
| Application of Part
|
| (2)
| Exception
|
| (3)
| Exception
|
| (4)
| Exception
|
|
| APPROVAL OF FORMS
|
| 233(1)
| Approval of forms by superintendent
|
| (2)
| Insurer requiring additional information
|
| (3)
| Approval of policies in special cases
|
| (4)
| Approval of extensions
|
| (5)
| Condition of approval of extension
|
| (6)
| Approval of standard owners policy
|
| (7)
| Publication of standard owners policy
|
| (8)
| Revocation of approval
|
| (9)
| Reason for decision
|
|
| APPLICATION AND POLICY
|
| 234
| Persons forbidden to act as agent
|
| 235(1)
| Copy of application in policy
|
| (2)
| Policy issued where no signed application
|
| (3)
| Insured entitled to copy
|
| (4)
| Form of policy
|
| (5)
| Endorsement on forms
|
| (6)
| Certificate where standard owners policy in force
|
| (7)
| Application of other provisions where certificate issued
|
| (8)
| Proof of contents of contract
|
| 236(1)
| Misrepresentation or violation of conditions renders claim invalid
|
| (2)
| Use of application as defence
|
| (3)
| Proof required
|
| 237(1)
| Statutory conditions
|
| (2)
| Interpretation
|
|
| STATUTORY CONDITIONS
|
| 1(1)
| Material change in risk
|
| (2)
| Definition
|
| 2(1)
| Prohibited use by insured
|
| (2)
| Prohibited use by others
|
| 3(1)
| Requirements where loss or damage to persons or property
|
| (2)
| Prohibited acts of insured
|
| (3)
| Obligation of insured
|
| 4(1)
| Requirements where loss or damage to automobile
|
| (2)
| Further loss
|
| (3)
| Repair
|
| (4)
| Examination of insured
|
| (5)
| Insurer liable for cash value of automobile
|
| (6)
| Repair or replacement
|
| (7)
| No abandonment; salvage
|
| (8)
| In case of disagreement
|
| 5
| Inspection of automobile
|
| 6(1)
| Time and manner of payment of insurance money
|
| (2)
| When action may be brought
|
| (3)
| Limitation of actions
|
| 7
| Who may give notice and proofs of claim
|
| 8(1)
| Termination
|
| (2)
| Refund
|
| (3)
| Excess premium
|
| (4)
| Mode of payment
|
| (5)
| Time
|
| 9
| Notice
|
| 238(1)
| Exceptions respecting statutory conditions
|
| (2)
| Condition 3
|
| (3)
| Condition 4
|
| (4)
| Application of clause 2(2)(b) of conditions
|
|
| MOTOR VEHICLE LIABILITY POLICIES
|
| 239(1)
| Coverage of owner's policy specific automobile
|
| (2)
| Other automobiles
|
| (3)
| Death of person named in owner's policy
|
| 240
| Coverage of non-owner's policy
|
| 241
| Persons deemed not owners
|
| 242
| Territorial limits
|
| 243
| Rights of unnamed insured
|
| 244
| Additional agreements
|
| 245
| Exceptions from liability
|
| 246
| Exceptions
|
| 247
| Exclusion for machinery, etc. in operation
|
| 248(1)
| Exceptions
|
| (2)
| Interpretation
|
| (3)
| Exception
|
| (4)
| Certain rules excepted
|
| 249(1)
| Minimum liability under policy
|
| (2)
| Priorities
|
| (3)
| Minimum limits where separate limits designated
|
| (4)
| Variation of limits
|
| 250(1)
| Stipulation in motor vehicle liability policy
|
| (2)
| Power of attorney binding
|
| 251
| Excess insurance
|
| 252
| Termination of excess insurance
|
| 253
| Agreement for partial payment of claim by insured
|
| 254
| Offence
|
| 255(1)
| Interpretation
|
| (2)
| Liability when nuclear energy contract also in force
|
| (3)
| When contract deemed in force
|
| (4)
| Effective payment on behalf of insured
|
| (5)
| Demand for release
|
| (6)
| Consideration of payment in judgments
|
| (7)
| Intent of section
|
| 256(1)
| Defence where more than one contract
|
| (2)
| Hearing
|
| (3)
| Order
|
| (4)
| Contribution
|
| 257(1)
| Limitation of group automobile insurance
|
| (2)
| Where special rate permitted
|
| (3)
| Same lessee
|
| 258(1)
| Application of insurance money under motor vehicle liability policy
|
| (2)
| Limitation
|
| (3)
| Other creditors excluded
|
| (4)
| Insurer absolutely liable
|
| (5)
| Section applicable to purported policy
|
| (6)
| Contribution among insurers
|
| (7)
| Payment into court
|
| (8)
| Effect of order
|
| (9)
| Section 248 coverage and limitation on coverage
|
| (10)
| Defence where coverage under ss. 246, 247
|
| (11)
| Defence where excess limits
|
| (12)
| Defence where vehicle used in business of carrying passengers
|
| (13)
| Insured's liability to reimburse insurer
|
| (14)
| Insurer may be made third party
|
| (15)
| Rights of insurer
|
| (16)
| More than one insurer
|
| 259(1)
| Insured to give notice of action
|
| (2)
| Insured to disclose insurance
|
|
| PHYSICAL DAMAGE COVER
|
| 260
| Stipulations in physical damage cover
|
| 261(1)
| Partial payment of loss clause
|
| (2)
| Stamping required
|
| 262(1)
| Claims to be adjusted with insured
|
| (2)
| Exception
|
|
| LIMITED ACCIDENT INSURANCE
|
| 263(1)
| Uninsured motorist cover
|
| (2)
| Limited application
|
| 264(1)
| Medical expense coverage
|
| (2)
| Release by claimant
|
| (3)
| First loss and excess insurance
|
| (4)
| Excess insurance
|
| (5)
| Excess insurance
|
| 265(1)
| Accident benefits
|
| (2)
| Release by claimant
|
| (3)
| First loss and excess insurance
|
| (4)
| Excess insurance
|
| (5)
| Limit of benefit payable
|
| 266(1)
| Demand for particulars of insurance
|
| (2)
| Offence
|
| 267(1)
| Rights of unnamed insured
|
| (2)
| Liability in first instance
|
| (3)
| Saving clause
|
| 268(1)
| Payment into court
|
| (2)
| Discharge of insurer
|
| 269
| Limitation of action
|
| 270
| Demand on claimant
|
| 271
| Terms of certain insurances
|
|
| OTHER INSURANCE
|
| 272(1)
| Other insurance
|
| (2)
| Rateable proportion
|
| (3)
| Meaning of "rateable proportion"
|
|
| SUBROGATION
|
| 273(1)
| Subrogation
|
| (2)
| Pro-rating recovery
|
| (3)
| Action when section 261 applies
|
| (4)
| Application to court
|
| (5)
| Parties
|
| (6)
| Concurrence in settlement of release
|
|
| PART VIII
|
|
| LIVESTOCK INSURANCE
|
| 274
| Application of Part
|
| 275
| Extent of insurance
|
| 276
| Part IV statutory conditions apply
|
| 277(1)
| Term of insurance
|
| (2)
| Renewal of policy for one year or less
|
|
| PART IX
|
|
| WEATHER INSURANCE
|
| 278
| Application of Part
|
| 279
| Extent of insurance
|
| 280
| Part IV statutory conditions apply
|
| 281
| Duration
|
| 282
| Cash payment with premium note
|
|
| PART X
|
|
| HAIL INSURANCE APPLICATION OF PART
|
| 283(1)
| Application of Part
|
| (2)
| Interpretation
|
|
| HAIL COVERAGE
|
| 284(1)
| Powers of insurers
|
| (2)
| Superintendent may approve form of contract
|
| (3)
| Additional coverage
|
| (4)
| Other losses
|
| 285(1)
| Insurable interest
|
| (2)
| Payee need not have insurable interest
|
|
| APPLICATION FOR INSURANCE
|
| 286(1)
| Application for insurance
|
| (2)
| Policy to contain application
|
| (3)
| Contents of application
|
| (4)
| Contents of application and policy
|
| 287
| Duty of agents to forward applications
|
|
| COMMENCEMENT OF LIABILITY
|
| 288(1)
| Commencement of liability
|
| (2)
| Date of mailing
|
| (2.1)
| Application taken by agent
|
| (2.2)
| Notification to insurer
|
| (3)
| Application declined
|
| (4)
| Notice to applicant
|
| (5)
| Delivery of notice
|
| (6)
| Disposition of premium
|
| (7)
| Premium held by insurer may be credited on new application
|
| 289
| Procedure where wrong premium tendered
|
| 290(1)
| Procedure by insurer on delivery of application
|
| (2)
| Time for acceptance or rejection of application
|
| (3)
| Time for acceptance or rejection where order on third party for premium
|
| (4)
| When insurance effective
|
| (5)
| How notice of rejection given
|
| (6)
| When acceptance presumed
|
| 291
| Policy deemed to be in accordance with application
|
| 292(1)
| Expiry of contracts
|
| (2)
| When liability of insurer lapses
|
| (3)
| Term of contract may be extended
|
| 293(1)
| Partial payment of loss
|
| (2)
| No variation of statutory conditions
|
| 294(1)
| Premium rates
|
| (2)
| Effect of new rate
|
| 295(1)
| Rate of agents' commission to be filed
|
| (2)
| Rate filed to be maximum payable
|
| (3)
| Where maximum rate to apply to all agents
|
| 296
| Notice of termination when loss payable to third party
|
| 297
| Copy of adjustment given to insured
|
| 298(1)
| Procedure where acreage less than stated in application
|
| (2)
| Procedure where acreage more than stated in application
|
| 299
| Statutory conditions part of every policy
|
|
| STATUTORY CONDITIONS
|
| 1
| Misdescription, misrepresentation or omission
|
| 2
| Waiver of condition
|
| 3
| Officers of insurer deemed agents
|
| 4
| Minimum amount of damage
|
| 5
| Injury by causes other than hail
|
| 6
| Notice of claim
|
| 7
| Right of access of insurer
|
| 8
| Ascertainment of damage
|
| 9
| Proof of loss
|
| 10
| Proof to be made by insured personally
|
| 11
| Fraud or false statement vitiates claim
|
| 12
| Payment of loss
|
| 13
| When insured liable for expenses of adjustment
|
| 14
| Cancellation of policy
|
| 15
| Appraisal in case of disagreement
|
| 16
| Limitation of action
|
| 17
| Assignment or change of property
|
|
| PART XI
|
|
| FRATERNAL SOCIETIES
|
| 300
| Definitions
|
|
| APPLICATION OF PART
|
| 301
| Application of Part
|
|
| LICENSING OF SOCIETY
|
| 302
| Societies not to be licensed
|
| 303
| Endowment insurance annuities permitted
|
| 304
| Head office in the province
|
| 305(1)
| Governing body to represent lodge
|
| (2)
| Governing body in province
|
|
| CONSTITUTION AND RULES
|
| 306(1)
| Constitution and by-laws to be filed
|
| (2)
| Disallowance of amendments
|
| (3)
| Notice and appeal
|
| (4)
| Certifying by-laws and rules
|
| (5)
| Invalid certification
|
| 307
| Improper rules corrected before licence
|
| 308(1)
| Delivery of copy of rules
|
| (2)
| Penalty
|
| 309(1)
| Payment of insurance by instalments
|
| (2)
| Unpaid instalment at death
|
| (3)
| Unmatured contract not a liability
|
|
| MEMBER'S RIGHTS AND LIABILITIES
|
| 310(1)
| Liability of members
|
| (2)
| Withdrawal of member
|
| (3)
| Release from liability
|
| (4)
| Rules
|
| 311(1)
| Forfeiture of contract
|
| (2)
| "Fixed dates" defined
|
| (3)
| Reinstatement of member
|
| 312(1)
| Contract suspended or forfeited for just cause
|
| (2)
| Condition re intoxicating liquors
|
| 313(1)
| Notices to members
|
| (2)
| Notice of reduction of benefits
|
|
| REPORTS AND READJUSTMENT OF CONTRACTS
|
| 314(1)
| Filing of certified valuation of actuary
|
| (2)
| Declaration of actuary of soundness of society
|
| (3)
| Mailing to members
|
| (4)
| Exception
|
| 315(1)
| Report of inability of society
|
| (2)
| Minister's order to change rates and benefits
|
| (3)
| Action on order
|
| (4)
| Meeting to consider order
|
| 316
| Power to change rates and benefits
|
| 317(1)
| Failure of society to comply with order
|
| (2)
| Report of readjustment committee
|
| (3)
| Date of operation report
|
| (4)
| Duty of society
|
| 318(1)
| Inability of government employee society
|
| (2)
| Superintendent not responsible
|
|
| SPECIAL RATES AND BENEFITS
|
| 319(1)
| Special fund from new rates to pay contracts
|
| (2)
| New certificates to old members
|
| (3)
| Valuation to show separate fund
|
| (4)
| Merger of fund on declaration being filed
|
| (5)
| Saving
|
| 320
| Contracts on limited payments
|
| 321
| Special assessment for epidemic
|
| 322
| Pensions and endowments
|
| 323
| Special rates for expenses
|
| 324
| Certificate of actuary approving new rates
|
| 325
| Surplus
|
