I-3, r. 1 - Regulation respecting the Taxation Act

Section 840r36 Disposition versions

2023-09-26

840R36. For the purposes of paragraph a of sections 840R35 and 844R1, the amount to be determined under this section in respect of an insurer for a taxation year, in respect of its groups of life insurance contracts in Canada at the end of the year, is the amount, which may be positive or negative, determined by the formula

A + B – (0.9 × C) – [D – (0.9 × E)].

In the formula in the first paragraph,

(a)  A is the total of all amounts each of which is the liability for remaining coverage for a group of life insurance contracts in Canada of the insurer at the end of the year;

(b)  B is the total of all amounts each of which is the liability for incurred claims for a group of life insurance contracts in Canada of the insurer at the end of the year;

(c)  C is the total of all amounts each of which is the contractual service margin for a group of life insurance contracts in Canada (other than a group of segregated fund policies) of the insurer at the end of the year;

(d)  D is the total of all amounts each of which is an amount, in respect of a group of reinsurance contracts held by the insurer at the end of the year, that is

i.  if no portion of the reinsurance contract held amount for the group is in respect of the reinsurance of a risk under an insurance policy other than a life insurance policy in Canada, the reinsurance contract held amount for the group, or

ii.  in any other case, the amount that would be the reinsurance contract held amount for the group if the amount were determined without taking into account any portion that is in respect of the reinsurance of a risk under an insurance policy other than a life insurance policy in Canada; and

(e)  E is the total of all amounts each of which is an amount, in respect of a group of reinsurance contracts held by the insurer at the end of the year, that is

i.  if no portion of the contractual service margin for the group is in respect of the reinsurance of a risk under an insurance policy other than a life insurance policy in Canada that is not a segregated fund policy, the contractual service margin for the group, or

ii.  in any other case, the amount that would be the contractual service margin for the group if the contractual service margin were determined without taking into account any portion that is in respect of the reinsurance of a risk under insurance policies other than a life insurance policy in Canada that is not a segregated fund policy.

s. 840R23.2; O.C. 1463-2001, s. 115; O.C. 1470-2002, s. 61; O.C. 1155-2004, s. 38; O.C. 134-2009, s. 1; O.C. 390-2012, s. 56; S.Q. 2023, c. 19, s. 173.

2012-09-01

840R36. For the purposes of paragraph a of sections 840R35 and 844R1, the amount to be determined under this section in respect of an insurer for a taxation year, in respect of its life insurance policies in Canada, is the amount, which may be positive or negative, determined by the formula

A + B + C + D – E.

In the formula in the first paragraph,

(a)  A is the amount, in respect of the insurer’s life insurance policies in Canada, except to the extent that the amount is determined in respect of a claim, dividend, premium or refund in respect of which an amount is included in computing any of the amounts determined under subparagraphs b to d, equal to the lesser of the total of the reported reserves of the insurer at the end of the year in respect of those policies and the total of the policy liabilities of the insurer at that time in respect of those policies;

(b)  B is the amount, in respect of the insurer’s life insurance policies in Canada under which there may be claims incurred before the end of the year that have not been made to the insurer before the end of the year, equal to 95% of the lesser of the total of the reported reserves of the insurer at the end of the year in respect of the possibility that there are such claims and the total of the policy liabilities of the insurer at the end of the year in respect of the possibility that there are such claims;

(c)  C is the total of all amounts each of which is the unearned portion at the end of the year of the premium paid by the policyholder in respect of the premium, determined by apportioning the premium equally over the period to which that premium relates, where the policy is a life insurance policy in Canada that is a group term life insurance policy that provides coverage for a period that does not exceed 12 months;

(d)  D is the total of all amounts each of which

i.  is not an amount deductible under paragraph b of section 841 of the Act,

ii.  is the amount, in respect of a dividend, refund of premiums or refund of premium deposits provided for under the terms of a life insurance policy in Canada that is a group life insurance policy, that will be used by the insurer to reduce or eliminate a future adverse claims experience under the policy, paid or unconditionally credited to the policyholder by the insurer, or be applied in discharge, in whole or in part, of a liability of the policyholder to pay premiums to the insurer under the policy, and

iii.  is equal to the least of

(1)  a reasonable amount as a reserve determined at the end of the year in respect of the dividend, refund of premiums or refund of premium deposits provided for under the terms of the policy,

(2)  25% of the amount of the premium under the terms of the policy for the 12-month period ending on the day the policy is terminated, if the policy is terminated in the year, or at the end of the year, in any other case, and

(3)  the amount of the reported reserve of the insurer at the end of the year in respect of the dividend, refund of premiums or refund of premium deposits provided for under the terms of the policy; and

(e)  E is the total of all amounts determined in respect of a life insurance policy in Canada, each of which is an amount payable in respect of a policy loan under a policy or interest that has accrued to the insurer to the end of the year in respect of a policy loan under the policy.

s. 840R23.2; O.C. 1463-2001, s. 115; O.C. 1470-2002, s. 61; O.C. 1155-2004, s. 38; O.C. 134-2009, s. 1; O.C. 390-2012, s. 56.