Part 2 — Provincial Companies Subpart 1 Status and Powers of Provincial Companies
140 Allowed disbursements
section 139 to take all reasonable steps to ensure that the company
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is dissolved, no part of the capital of the company or interest on the
capital may be used for the payment of incorporation and
organization expenses, other than remuneration and costs referred
to in section 137, unless the payment has been approved by a
special resolution.
(2) If the amount of a payment approved by a special resolution for
the payment of any incorporation and organization expenses is
considered insufficient by the directors or if no special resolution
for the payment of such expenses is passed, the directors may apply
to the Court to settle and determine the amounts to be paid out of
the capital of the company and interest on the capital before
distribution of the balance to the shareholders or, where there are
no shareholders, to the incorporators.
(3) The directors must, at least 21 days prior to the date fixed for
the hearing of the application referred to in subsection (2), send to
the shareholders or incorporators, as the case may be, a notice of
the application, which notice must contain a statement of the
amounts that are proposed to be settled and determined by the
Court.
(4) In order that the amounts paid and payable under this section
may be equitably borne by the shareholders or incorporators, as the
case may be, the directors must, after the amounts of the payments
have been approved by special resolution or settled and determined
by the Court, fix the proportionate part of the amount of the
payment chargeable to each shareholder or incorporator in the ratio
of the amount paid in by each shareholder or incorporator to the
aggregate of all the amounts paid in by all the shareholders or
incorporators.
(5) After the amounts referred to in this section have been paid, the
directors must pay to the shareholders or incorporators the
respective balances of the money paid in by them together with any
interest earned on that money, less the amount chargeable to each
shareholder or incorporator under subsection (4).
1999 cI-5.1 s140
(4) and (5), 176(1), (3) and (5), 180(1), 187(3), 207,
211(1) and 213;
(iii) in Subpart 3, sections 216, 217(1) and (2), 218(1),
219(1), 220(1), 221, 222(3) and (6), 223, 224 and 225;
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(iv) in Subpart 4, sections 232(1) and (3), 233(1), 234(3),
235(1), (2) and (3), 238(2), 241(1) and (2), 242(3),
243(1) and (4), 245(2) and (3), 246(3), 247(2), 249(3),
250(1), (2), (3) and (4), 253(2) and (3), 257(1), (2), (3)
and (4), 262(1) and 263(2) and (3);
(v) in Subpart 5, sections 268(a) and (b), 270, 274(2) and
(3), 275(1), 276(1), 282(2), 284(1), 292(1), 294(1), 295,
296, 297, 298, 300(2) and (3), 304(1), 305(1) and (2),
306(1) and 307(2), (3), (4) and (5);
(vi) in Subpart 6, sections 309(2), 310(1) and (2), 315(1) and
(2), 316(2), 326(2), 327(1) and (2), 341(2), 343, 346(3)
and (4), 347(3) and (4), 348, 350(2), 351(1) and 354(1)
and (4);
(vii) in Subpart 8, sections 372(1), 375(1), 378(1), 379,
381(2), 382(1), 383, 385(1), 386(1) and (3), 387, 388(2),
389 and 390(1) and (2);
(viii) in Subpart 9, sections 393, 398(2), 401, 402, 403,
404(1), 405, 407(1), 408 and 409;
(ix) in Subpart 10, sections 413(3) and 414(2) and (6);
(x) in Subpart 11, sections 416(1), 417, 418(1), 419(1),
420(1), 421(1), 422, 425(1), 426, 427, 428, 429, 430 and
431(2);
(xi) in Subpart 12, sections 437, 439(2), 442(1), (3), (4), (5)
and (6), 444, 445(1), (3) and (5) and 446(1), (2) and (5);
(xii) in Subpart 13, sections 450.2(2) and (4) and 450.3;
(c) in Part 3, sections 452, 455(1), (2), (3) and (4), 457, 458(3),
460, 462(1), (2) and (3), 470(2), 473(2), 474(1), (2) and (3),
475(1) and (4), 476, 477, 478(1), 479, 481(2), 485, 486,
487, 488, 489, 490 and 491;
(d) in Part 4, sections 499, 500, 501(2) and (3), 502(2), 505(2),
506, 508 and 509;
(e) in Part 5,
(i) in Subpart 1, sections 515(1), 531(1) and 545(3);
(ii) in Subpart 2, sections 551(1) and (8), 555(3), 571(6) and
602(1);
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(iii) in Subpart 3, sections 61 4(1), (2) and (3), 615 and 616(2)
and (3);
(iv) in Subpart 4, sections 626, 629 and 630;
(v) in Subpart 6, section 745;
(f) in Part 6, Subpart 1, sections 758(2), 759(5), 768(6), 769(5),
(6) and (7) and 770(2) and (3);
(g) in Part 7, sections 822(2), (3), (4) and (5) and 825(4).
RSA 2000 cI-3 s780;2003 c40 s19;2008 c19 s31;
2013 c18 s26;2022 c11 s9
Offences
781 A person who
(a) contravenes an order or direction made under section 21(4),
327(2), 423, 480.1, 507, 764, 766 or 788,
(b) contravenes a regulation specified by the Lieutenant
Governor in Council under section 790,
(c) contravenes a written undertaking given under this Act,
(c.1) contravenes a written procedure established by the
Superintendent under section 604,
(d) fails to report to the Minist er or Superintendent as required
by this Act,
(e) being a licensed insurer, contravenes any term or condition
to which a licence is subject, or
(f) being a provincial company, contravenes any term or
condition to which its instrument of incorporation is subject
is guilty of an offence.
RSA 2000 cI-3 s781;2001 c9 s12;2003 c40 s20;2008 c19 s32;
2020 c36 s7
Statements of financial standing
782 Every person who represents orally or in writing that
(a) the issue of a licence to an insurer,
(b) the printing or publication of a financial statement of a
provincial company in a report of the Minister, or
(c) the supervision or regulation of the business of an insurer by
this Act or the regulations or by the Minister
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is a warranty or guarantee of the financial standing of the insurer or
of its ability to provide for the payment of its contracts at maturity
is guilty of an offence.
1999 cI-5.1 s782
False or deceptive statements
783(1) A person who makes any wilfully false or deceptive
statement in any register, book of account, accounting record,
minute, financial statement or other record or document respecting
the affairs of a licensed insurer or in any statement, return, report or
reply to the Minister is guilty of an offence.
(2) A director, officer or employee of a licensed insurer and every
member or employee of a firm of accountants appointed as the
auditor of a provincial company who
(a) prepares, signs, approves or concurs in any register, book of
account, accounting record, minute, financial statement or
other record or document respecting the affairs of the
insurer, or any statement, return, report or reply to the
Minister, that the person knows to contain a false or
deceptive statement, or
(b) uses a record or document referred to in clause (a) with
intent to deceive or mislead any person,
is guilty of an offence.
1999 cI-5.1 s783
Trafficking in life insurance policies
784 Any person, other than a licensed life company, who
(a) through advertisements or other means makes it known that
the person is willing to purchase life insurance policies or
the benefits under those policies, or
(b) traffics or trades in life in surance policies for the purpose of
procuring the sale, surrender, transfer, assignment, pledge or
hypothecation of the benefits under those policies to any
person
is guilty of an offence.
1999 cI-5.1 s784
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Liability of directors and officers
785 If a body corporate commits an offence under this Act, then,
whether or not the body corporate has been prosecuted or convicted
in respect of the offence, any director or officer of the body
corporate who knowingly authorizes, permits or acquiesces in the
commission of the offence is guilty of the offence.
1999 cI-5.1 s785
General penalty
786(1) A person who is convicted of an offence is liable to a fine
of not more than $200 000.
(2) If an act or omission is an offence under this Act or the
regulations and the act or omission is of a continuing nature, each
day or part of a day that it continues constitutes a separate offence.
1999 cI-5.1 s786
Limitation on prosecution
787 A prosecution in respect of an offence under this Act must
not be commenced after 3 years from the date that the facts that
constitute the alleged offence become known to the Minister.
1999 cI-5.1 s787
Order to comply and make restitution
788 A justice who convicts a defendant of an offence under this
Act or the regulations may, in addition to any other penalty the
justice may impose, order the defendant
(a) to comply with, within a specified time, the provision of this
Act or the regulations on which the conviction is based, and
(b) on the application of an aggrieved person, to make
restitution to a maximum of $100 000 for loss of or damage
to property suffered by the applicant as a result of the
commission of the offence.
1999 cI-5.1 s788
Administrative penalties
789(1) Where the Minister is of the opinion that a person has
contravened a prescribed provision of this Act or the regulations or
has contravened a written procedure established by the Board under
section 604, the Minister may by notice in writing given to that
person require that person to pay to the Government an
administrative penalty by a date specified in the notice in the
amount set out in the notice for each day or part of a day the
contravention occurs or continues.
(2) A person who pays an administrative penalty by the date
specified in the notice in respect of a contravention must not be
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charged under this Act with an offence in respect of that
contravention.
(3) A notice of an administrative penalty must not be issued after 2
years from the later of
(a) the date on which the contravention to which the notice
relates occurred, and
(b) the date on which evidence of the contravention first came
to the attention of the Minister.
RSA 2000 cI-3 s789;2003 c40 s21;2008 c19 s33;
2020 c36 s8
Regulations
790 The Lieutenant Governor in Council may make regulations
(a) providing that the contravention of any provision of the
regulations under this Act constitutes an offence;
(b) prescribing the form and contents of notices of
administrative penalties for the purpose of section 789;
(c) prescribing contraventions of provisions of this Act or the
regulations in respect of which an administrative penalty
may be imposed and prescribing the amounts, or the manner
of determining the amounts, of the administrative penalties
that may be imposed, not to exceed $25 000 for each
contravention;
(d) respecting any other matter necessary for the administration
of the system of administrative penalties.
RSA 2000 cI-3 s790;2008 c19 s34
Subpart 3
Administration, Appeals and
General Matters
Administration
Delegation of powers
791(1) Subject to subsections (2) and (3), the Minister may
delegate in writing any power, duty or function conferred or
imposed on the Minister by this Act or the regulations to any
person and may authorize the person to further delegate the power,
function or duty.
(2) The Minister must not delegate the power
(a) to make regulations,
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(b) to make an order under section 764,
(c) to make recommendations to the Lieutenant Governor in
Council,
(d) to make a direction under section 766, or
(e) to make an application to the Court under section 767.
(3) The only powers, duties and functions that the Minister may
delegate to an insurance council are specified under section
498(m).
1999 cI-5.1 s791
Superintendent of Insurance
792(1) The Minister may appoint a Superintendent of Insurance
and a Deputy Superintendent of Insurance.
(2) The Superintendent may delegate any power, duty or function
conferred or imposed on the Superintendent by this Act or the
regulations to any person and may authorize the person to further
delegate the power, duty or function.
(3) The Deputy Superintendent of Insurance has all of the powers,
duties and functions of the Superintendent.
1999 cI-5.1 s792
Guidelines and interpretation bulletins
792.1 The Superintendent may issue guidelines and interpretation
bulletins respecting the interpretation or application of this Act or
any one or more regulations under this Act.
2005 c27 s17
Examiners
793(1) The Minister may appoint one or more examiners.
(2) An appointment may name an individual or the holder of an
office or position to be an examiner.
(3) The Superintendent and Deputy Superintendent are examiners.
1999 cI-5.1 s793
Insurance Register
794(1) The Minister must maintain a register known as the
"Insurance Register".
(2) The Register must contain the following information with
respect to insurers:
(a) the name of each insurer that has been issued a licence;
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(b) all terms, conditions and restrictions imposed on the licence
of the insurer;
(c) the classes of insurance that the insurer is authorized to
carry on in Alberta;
(d) the name and address of the insurer's attorney for service;
(e) the address of the insurer's chief agency in Alberta;
(f) information on the suspension or cancellation of the licence
of an insurer;
(g) any compliance undertakin g provided by an insurer;
(h) any other prescribed information.
(3) The Register must contain the following information with
respect to special brokers:
(a) the name and business address of each special broker that
has been issued a special broker's licence;
(b) the classes of insurance in respect of which the special
broker is authorized to transact business;
(c) information on the suspension or cancellation of the licence
of a special broker;
(d) any other prescribed information.
(4) The Register must contain the following information with
respect to reciprocal insurance exchanges:
(a) the name of each exchange that has been issued a licence
under Part 1, Subpart 3;
(b) the name and business address of the principal attorney of
each exchange that has been issued a licence under Part 1,
Subpart 3;
(c) the classes of insurance that the exchange is authorized to
undertake;
(d) if an exchange has an atto rney for service, the name and
address of the attorney;
(e) information on the suspension or cancellation of the licence
of an exchange;
(f) any compliance undertakin g provided by an exchange;
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(g) any other prescribed information.
(5) The Register must contain the following information with
respect to insurance agents and adjusters:
(a) the name and business address of each insurance agent and
adjuster that has been issued a certificate of authority;
(b) all terms and conditions imposed on the certificate of
authority of the insurance agent or adjuster;
(c) in the case of an insurance agent, the classes of insurance in
respect of which the insurance agent is authorized to
transact business;
(d) the name and business addr ess of the insurance agent's or
adjuster's designated representative, if there is one;
(e) information on the suspension or cancellation of a certificate
of authority;
(f) any compliance undertaking pr ovided by an insurance agent
or adjuster;
(g) any other prescribed information.
(6) The Register may be maintained in any form that the Minister
considers to be appropriate so long as copies of the Register can be
made.
1999 cI-5.1 s794
Inspection and copies of Register
795 The Minister must on the request of any person
(a) allow the person to inspect the information in the Insurance
Register, and
(b) provide a copy of the information in the Insurance Register.
1999 cI-5.1 s795
Extension of time
796 If something is required to be done under this Act or the
regulations within a certain period of time, the Minister may, on
written application of the person who must do the thing, made
before the expiration of the period of time, extend the time within
which the thing must be done.
1999 cI-5.1 s796
RSA 2000
Approval and consent
797(1) If this Act or the regulations provide for the giving of
approval or consent by the Minister, the Minister may make the
approval or consent subject to any terms and conditions the
Minister considers appropriate.
(2) An approval or consent must be in writing.
(3) Before refusing an approval or consent or granting an approval
or consent subject to terms and conditions, the Minister must give
the person seeking the approval or consent notice of the proposed
decision and an opportunity to be heard on the matter.
1999 cI-5.1 s797
Orders, etc., binding on successors
798 An order, consent, undertaking, compliance undertaking or
approval made or given under this Act, or a term, condition or
restriction imposed on the licence of a licensed insurer is binding
on the successors of the person or insurer to whom it relates.
1999 cI-5.1 s798
Publication by Minister
799(1) The Minister may authorize the publication of notices,
reports, correspondence, results of hearings, sanctions, decisions
and any other matter considered by the Minister to be in the public
interest.
(2) The Minister may prepare and publish a report respecting the
insurance undertaken by each licensed insurer during the previous
year.
1999 cI-5.1 s799
Matters under oath
800(1) The Minister may require that a document or a fact stated
in a document required by this Act or the regulations to be sent to
the Minister be verified by affidavit or declaration.
(2) For the purposes of this Act, the Superintendent and the
Deputy Superintendent may administer oaths and take and receive
affidavits and declarations.
1999 cI-5.1 s800
Fees
801(1) The Minister may establish and charge fees for filing or
issuing any licence or other document under this Act or the
regulations or for any approval, consent, service or other thing
given or done by or under the authority of the Lieutenant Governor
in Council, the Minister or the Superintendent under this Act or the
regulations.
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(2) Despite any other provision in this Act or the regulations, the
Lieutenant Governor in Council, Minister or Superintendent may
refuse to file or issue a licence or other document or give or
provide an approval, consent, service or thing under this Act or the
regulations unless the fee established under subsection (1) or a fine
imposed on the person requesting the action on a conviction of an
offence under this Act or the regulations is paid.
(3) Subject to section 802, a person who is charged a fee under
subsection (1) must pay the fee
(a) before the filing or other thing is given or done, or
(b) within the time specified by the Minister.
1999 cI-5.1 s801
Regulations
801.1 The Lieutenant Governor in Council may make regulations
authorizing the Minister to charge and collect from reciprocal
insurance exchanges, fraternal societies and insurers fees, levies or
other assessments to be used to recover the costs, including capital
costs, incurred in the administration of this Act and the regulations,
including, without limitation, regulations respecting
(a) the amount of fees, levies and other assessments,
(b) the manner in which fees, levies and other assessments are
to be determined,
(c) the manner in which and times at which fees, levies and
other assessments must be paid,
(d) the imposition of interest and penalties for unpaid fees,
levies and other assessments, and
(e) the waiving of fees, levies and other assessments.
2008 c19 s35;2026 c8 s4(21)
Penalty
802(1) All fees imposed by this Act on an insurer or reciprocal
insurance exchange become due and payable immediately on the
undertaking of insurance by the insurer or reciprocal exchange and,
if the fees are not paid within 30 days from the time they become
due and payable, a sum equal to 50% of the fees remaining unpaid
becomes a penalty that forms a part of the fees and is recoverable
with the fees.
(2) The President of Treasury Board and Minister of Finance may
waive or reduce all or a portion of a penalty or related interest.
RSA 2000 cI-3 s802;2022 c11 s10
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Forms
803(1) The Minister may establish forms for the purposes of this
Act and the regulations.
(2) When the Minister establishes a form under subsection (1), that
form must be used for the purposes of this Act and the regulations.
1999 cI-5.1 s803
Filing by electronic means
804 Any document that is required to be filed with or submitted
to the Minister under this Act or the regulations may be filed by an
electronic means and in a format approved by the Minister.
1999 cI-5.1 s804
Priority of Government claim
805(1) If, with respect to any provincial company, the
Government pays money by way of expenditure certified by the
Minister as having been incurred by the Government in the course
of the Minister's administration of this Act that directly relates to
the company, the money so paid may be recovered by the
Government from the company by an action in debt.
(2) Claims by the Government against a provincial company in
respect of any money referred to in subsection (1) rank, on the
winding-up of the company, immediately after the remuneration of
the liquidator and of the receiver and manager, if any, and before
any other claims.
1999 cI-5.1 s805
Appeals
Review by review board
806(1) The Minister must serve each person who is directly
affected by the following decisions with a written notice of the
decision and the reasons for the decision:
(a) an order of the Mini ster under section 21(4);
(b) the Minister's rejection of an application for licence on the
basis of non-compliance with section 25(b);
(c) the Minister's decision under section 54(6) or (7);
(d) the Minister's refusal to approve a proposed continuance
under section 147(1)(b);
(e) the Minister's refusal to ap prove an agreement under section
161 on the basis of section 161(3)(a);
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(f) the Minister's refusal to approve a voluntary liquidation and
dissolution under section 187;
(g) the refusal to issue or amend an instrument of incorporation
in respect of a provincial company because the proposed
name of the provincial company does not comply with
section 211(1);
(h) the refusal to licence an in surer because the name of the
insurer does not comply with section 211(1);
(i) the decision to issue a cer tificate of change of name of a
provincial company under section 211(3);
(j) the Minister's refusal of consent under section 257 on the
basis of section 262(2);
(k) an order of the Mi nister under section 423;
(l) the Minister's designation, or refusal to revoke the
designation, of a person as a related party under section 435;
(l.1) an order of the Mi nister under section 480.1;
(m) the making of a permanent order under section 764(10);
(n) any other prescribed decision of the Minister.
(2) A person who is directly affected by a decision referred to in
subsection (1) and who feels aggrieved by the decision may object
to the decision by serving on the Minister a notice of objection,
specifying the decision objected to and the grounds for the
objection, within 90 days after being served with the notice of the
decision.
(3) The Minister must, within 30 days after being served with a
notice of objection, appoint a review board to conduct a review of
the matter objected to, unless the Minister decides within that
period to reverse the decision.
(4) A review board consists of one person designated by the
Minister as presiding officer and not fewer than 2 nor more than 4
other persons.
(5) The Minister must not appoint to any review board persons
who are employed in a part of the public service of Alberta under
the Minister's administration.
(6) The Minister may pay fees and travelling and living expenses
that the Minister considers proper to the members of a review
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board or to a person appointed to conduct a hearing under section
764.
(7) The Minister must set a period, not exceeding 90 days, within
which the review board is to conduct the review and give its written
decision, and may extend that period or any extension of that
period, before its expiry, by further periods not exceeding 45 days.
(8) Sections 4, 5, 8, 9, 10, 11 and 12 of the Public Inquiries Act
apply to a review under this section.
(9) The review board may confirm, rescind or vary the decision
reviewed.
(10) The review board must, forthwith after making its decision,
serve a copy of its decision, including the reasons for it, on the
objector and the Minister.
(11) Subject to this section and the regulations, a review board
may make rules governing its own procedure and business.
RSA 2000 cI-3 s806;2001 c9 s13;2008 c19 s36
Recording of evidence
807 Oral evidence taken before the Minister or before a review
board established under section 806 may be recorded by a
stenographer or otherwise recorded, and copies of a transcript of
the evidence must be furnished to the parties to the proceeding on
request and on the terms and for the same fees as are applicable to
transcripts in proceedings in the Court.
1999 cI-5.1 s807
Consent to apply to Court directly
808(1) An objector may, in a notice of objection under section
806, apply to the Minister for consent to apply directly to the Court
under section 809 without having a review conducted under section
806, and if the Minister considers the matter should go directly to
the Court, the Minister may, by notice in writing to that objector,
consent to a direct application to the Court.
(2) Where the Minister gives consent under subsection (1), the
objector waives the right to a review under section 806.
(3) Where
(a) any period established under section 806(7) expires without
having been extended or further extended under that
subsection, and
(b) the review board has not made its decision,
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the objector has a right to elect to apply directly to the Court
pursuant to section 809 or to allow the review board to give its
decision after the expiration of that period.
1999 cI-5.1 s808
Application to Court
809(1) An objector who receives a copy of a review board's
decision under section 806, the Minister and an objector to whom
section 808 applies may apply to the Court for an order under this
section.
(2) Where the application is made by an objector to whom section
808(1) applies, the application must be accompanied with the
consent given under that subsection.
(3) An application under this section must
(a) be filed in the office of the clerk of the Court and served on
the other persons who received a copy of the decision within
30 days after the applicant received the decision or the
expiry of the period referred to in section 806(7), as the case
may be, or within any longer period the Court allows, and
(b) be made returnable within 90 days after the date of filing of
the application.
(4) On hearing the application, the Court may confirm, rescind or
vary the decision of the review board and may make any other
order it considers appropriate.
1999 cI-5.1 s809
Stay
810(1) Subject to this section, neither an objection nor an
application to the Court operates as a stay of the decision objected
to or appealed from.
(2) The review board or the Court, as the case may be, may grant a
stay in respect of a decision referred to in section 806(1)(a), (i), (l)
or (m) or any other prescribed decision.
(3) Where a review board decides against the Minister in the case
of a decision referred to in section 806(1)(b), (g), (h), (i) or (n) and
the Minister applies to the Court under section 809 in respect of the
decision, the Minister need not act under the provisions referred to
in those clauses pending the Court's decision.
1999 cI-5.1 s810
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General
Published notice as evidence
811 A notice published in The Alberta Gazette over the name of
the Minister or Superintendent is proof, in the absence of evidence
to the contrary, of the facts stated in the notice.
1999 cI-5.1 s811
Certificate evidence
812 A certificate of the Minister or the Superintendent is
admissible as evidence in any civil, criminal or administrative
action or proceeding without proof of the signature or official
character of the person appearing to have signed it, and the
certificate is proof, in the absence of evidence to the contrary, of
the facts set out in the certificate.
1999 cI-5.1 s812
Copies of documents as evidence
813 Copies of, or extracts from, any book, record, instrument or
document in the office of the Minister or of or from any instrument
or document issued under this Act, if certified by the Minister to be
true copies or extracts, have the same legal effect as the original.
1999 cI-5.1 s813
Photocopies of documents
814 If a notice or document is required under this Act to be sent
to the Minister, the Minister may accept a copy of the notice or
document.
1999 cI-5.1 s814
Court applications
815(1) An application to the Court made under this Act or the
regulations must be made in accordance with the Alberta Rules of
Court.
(2) The Superintendent may apply to seek the advice and direction
of the Court respecting the application of this Act, the
interpretation of this Act or the rights or obligations of a person to
whom this Act applies.
RSA 2000 cI-3 s815;2009 c53 s86;2022 c11 s11
Confidentiality of information
816(1) In this section,
(a) "insurer information" means information that the Minister
or the Minister's officials obtain or create for the purpose of
administering or enforcing this Act and the regulations and
that relates to the business or affairs of an insurer, a
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reciprocal insurance exchange or a dissolved insurer or to an
application for incorporation of a provincial company;
(b) "Minister's officials" means
(i) any person acting under the Minister's direction or
authority for the purposes of the administration or
enforcement of this Act and the regulations,
(ii) the Superintendent and Deputy Superintendent of
Insurance, and
(iii) any person who exercises or performs a power, duty or
function delegated under this Act or the regulations.
(2) Insurer information is confidential and neither the Minister, nor
the Minister's officials, may disclose or provide insurer
information to any person except in accordance with this section.
(3) The Minister may disclose and provide insurer information to
the Minister's officials and the Minister's officials may disclose
and provide insurer information to the Minister and other
Minister's officials.
(4) The Minister, and with the approval of the Minister, the
Minister's officials may disclose or provide insurer information to
(a) the insurer, reciprocal in surance exchange or applicants
applying for the incorporation of a provincial company that
are the subject of the information,
(b) the auditor or actuary of an insurer for the purposes of
carrying out the functions of auditor or actuary, as the case
may be,
(c) a law enforcement authority for the purposes of law
enforcement,
(d) the government of any other province or territory or of
Canada, or an agency of such a government for a purpose
approved by the Minister,
(e) any employee or member of the Alberta Securities
Commission for the purposes of the administration or
enforcement of the Securities Act,
(f) any employee in the public service of Alberta who is
involved in the administration of the Loan and Trust
Corporations Act for the purposes of the administration or
enforcement of that Act,
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(g) any employee in the public service of Alberta who is
involved in the administration of the Credit Union Act for
the purposes of the administration or enforcement of that
Act, or
(h) any prescribed person for any prescribed purpose.
(5) A person to whom information is communicated or provided
under subsection (3) for a specified purpose and any person acting
under that person's authority or direction or to whose notice
information comes as a result of any relationship with that person
may use the information only for that purpose.
(6) Where, for the purposes of the administration of this Act or the
regulations, the Minister receives information from the government
of or a public body of Canada or any other province or territory,
neither the Minister nor the Minister's officials may disclose the
information other than with the consent of that government or
public body.
(7) This section does not apply to disclosure or provision of
insurer information when the information
(a) is provided under section 761(2),
(b) is disclosed or provided from the Insurance Register under
section 795, or
(c) is disclosed or provided in a report or other thing that is
published under section 799.
(8) Despite the Access to Information Act, that Act does not apply
to insurer information.
RSA 2000 cI-3 s816;AR 141/2025
Privileged information
816.1 Any information, document, record, statement or other
thing concerning a person licensed or applying for a licence under
this Act that is made or disclosed to the Minister, the
Superintendent, the Deputy Superintendent or an examiner by a
person other than the person licensed or applying for a licence is
privileged and may not be used as evidence in any civil or
administrative proceeding brought by or on behalf of that person.
2008 c19 s37
Insurance compliance self-evaluative audit
816.2(1) In this section,
(a) "insurance compliance self-evaluative audit" means an
evaluation, review, assessment, audit, inspection or
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investigation conducted by or on behalf of a licensed insurer
or fraternal society, either voluntarily or at the request of the
Minister or the Superintendent, for the purpose of
identifying or preventing non-compliance with, or
promoting compliance with or adherence to, statutes,
regulations, guidelines or industry, company or professional
standards;
(b) "insurance compliance se lf-evaluative audit document"
means a document with recommendations or evaluative or
analytical information prepared by or on behalf of a licensed
insurer or fraternal society or the Minister or the
Superintendent directly as a result of or in connection with
an insurance compliance self-evaluative audit and includes
any response to the findings of an insurance compliance
self-evaluative audit, but does not include documents kept
or prepared in the ordinary course of business of a licensed
insurer or fraternal society for the purpose of responding to
a consumer complaint.
(2) Subject to subsection (6), an insurance compliance
self-evaluative audit document is privileged information and is not
discoverable or admissible as evidence in any civil or
administrative proceeding.
(3) Subject to subsection (6), no person or entity may be required
to give or produce evidence relating to an insurance compliance
self-evaluative audit or any insurance compliance self-evaluative
audit document in any civil or administrative proceeding.
(4) Disclosure of an insurance compliance self-evaluative audit
document to a person reasonably requiring access to it, including to
a person acting on behalf of a licensed insurer or fraternal society
with respect to the insurance compliance self-evaluative audit, to
the external auditor of the licensed insurer or fraternal society, to
the board of directors of the licensed insurer or fraternal society or
a committee of the licensed insurer or fraternal society or to the
Minister or the Superintendent, whether voluntarily or pursuant to
law, does not constitute a waiver of the privilege with respect to
any other person.
(5) A licensed insurer or fraternal society that prepares or causes to
be prepared an insurance compliance self-evaluative audit
document may expressly waive privilege in respect of all or part of
the insurance compliance self-evaluative audit document.
(6) The privileges set out in subsections (2) and (3) do not apply
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(a) to a proceeding commenced against a licensed insurer or
fraternal society by the Minister or the Superintendent in
which an insurance compliance self-evaluative audit
document has been disclosed,
(b) if the privilege is asserted for fraudulent purposes,
(c) in a proceeding in which a person who was involved in
conducting an insurance compliance self-evaluative audit is
a party seeking admission of the insurance compliance
self-evaluative audit document in a dispute related to the
person's participation in conducting the insurance
compliance self-evaluative audit, or
(d) to information referred to in an insurance compliance
self-evaluative audit document that was not prepared as a
result of or in connection with an insurance compliance
self-evaluative audit.
2008 c19 s37;2022 c11 s12
Compensation Associations
Agreements with compensation associations
817 The Minister may enter into agreements with compensation
associations relating to a plan for the compensation by
compensation associations of policyholders and eligible claimants
of insolvent insurers.
1999 cI-5.1 s817
Compensation association regulations
818 The Lieutenant Governor in Council may make regulations
(a) designating a compensation association that has entered into
an agreement with the Minister under section 817 as a
compensation association for one or more classes of
insurance;
(b) designating an insurer as being adequately covered by a plan
of compensation other than that provided by reason of
membership in a designated compensation association.
1999 cI-5.1 s818
Compensation associations
819(1) When an entity has been designated by the regulations as a
compensation association for a class of insurance, every insurer,
while licensed to carry on that class of insurance and for 180 days
after ceasing to be licensed, is a member of that compensation
association.
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(2) Subsection (1) does not apply to an insurer that is designated
by a regulation under section 818(b) or whose business is limited to
that of reinsurance.
(3) Every member of a designated compensation association is
bound by the bylaws and memorandum of operation of the
compensation association.
(4) A member of a designated compensation association must pay
to the compensation association all assessments and levies made
against the member by the compensation association.
(5) If a member fails to pay an assessment or levy within 30 days
after the mailing of the notice of the assessment or levy to the
member,
(a) the designated compensa tion association may claim the
amount of the assessment or levy, with interest, as a debt
due from the member, and
(b) the Minister may suspend the member's licence subject to
any terms or conditions the Minister considers appropriate
or cancel the member's licence.
(6) The debt due under subsection (5)(a) does not cease to be due
on the termination of the member's membership.
(7) Before suspending or cancelling a member's licence under
subsection (5)(b), the Minister must notify the insurer of the
proposed suspension or cancellation and provide the insurer with
an opportunity to make representations to the Minister.
(8) When an insurer's licence is cancelled under subsection (5)(b),
the insurer must cease to carry on business in Alberta, except so far
as is necessary for the winding-up of its business in Alberta.
(9) When an insurer's licence is suspended under subsection
(5)(b), the insurer must cease to carry on business in Alberta in
accordance with the terms and conditions of the suspension.
1999 cI-5.1 s819
General Insurance OmbudService
819.1(1) Every insurer, while licensed to undertake automobile
insurance or any other prescribed class of insurance, is a member of
the General Insurance OmbudService incorporated under the
Canada Corporations Act (Canada) or any other entity designated
by the Minister in substitution for the General Insurance
OmbudService.
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(2) Every member of the General Insurance OmbudService is
bound by the bylaws and memorandum of operation of the General
Insurance OmbudService.
(3) A member of the General Insurance OmbudService must pay
to it all assessments and levies made against the member by the
General Insurance OmbudService.
(4) If a member fails to pay an assessment or levy within 30 days
after the mailing of the notice of the assessment or levy to the
member,
(a) the General Insurance OmbudService may claim the amount
of the assessment or levy, with interest, as a debt due from
the member, and
(b) the Minister may suspend the member's licence subject to
any terms or conditions the Minister considers appropriate
or cancel the member's licence.
(5) The debt due under subsection (4)(a) does not cease to be due
on the termination of the member's membership.
(6) Before suspending or cancelling a member's licence under
subsection (4)(b), the Minister must notify the insurer of the
proposed suspension or cancellation and provide the insurer with
an opportunity to make representations to the Minister.
(7) When an insurer's licence is cancelled under subsection (4)(b),
the insurer must cease to carry on business in Alberta, except so far
as is necessary for the winding-up of its business in Alberta.
(8) When an insurer's licence is suspended under subsection
(4)(b), the insurer must cease to carry on business in Alberta in
accordance with the terms and conditions of the suspension.
(9) If, under subsection (1), the Minister designates another entity
in substitution for the General Insurance OmbudService, every
insurer, while licensed to undertake automobile insurance or any
other prescribed class of insurance, is a member of that entity and
is not by virtue of this section a member of the General Insurance
OmbudService, and all references to the General Insurance
OmbudService in subsections (2) to (4) shall be read as references
to that entity.
2005 c27 s18
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Regulations
Regulations
820 The Lieutenant Governor in Council may make regulations
respecting any matter that is to be prescribed for the purposes of
this Subpart.
1999 cI-5.1 s820