A-32 - Act respecting insurance

Section 1 Disposition versions

2011-02-14

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S‐40) or any person who, in the field of insurance, offers or enters into only contracts of additional warranty under which he binds himself towards another person to assume directly or indirectly, wholly or partly, the cost of repair or replacement of property or part of any property in case of defect or malfunction;

(b)  “company” or “insurance company” : a business corporation constituted to transact insurance business and a mutual insurance company;

(c)  “mutual insurance company” : a mutual life‐insurance company and a mutual damage‐insurance company;

(d)  “mutual insurance association” : a legal person constituted under Chapter III.1 of Title III or a legal person resulting from a continuance provided for in the Act to amend the Act respecting insurance and other legislation (1985, chapter 17);

(e)  (paragraph repealed);

(f)  “mutual benefit association” : a mutual benefit association constituted under this Act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a legal person transacting mutual benefits under a special Act of Québec;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : a mutual insurance association and a mutual benefit association;

(i)  “insurance representative” : an insurance representative within the meaning of the Act respecting the distribution of financial products and services (chapter D‐9.2);

(j)  “claims adjuster” : a claims adjuster within the meaning of the Act respecting the distribution of financial products and services;

(k)  (paragraph repealed);

(l)  “officer” : the president, vice-president, treasurer and secretary of a legal person, or the chairman, vice-chairman, treasurer and secretary of its board of directors, their assistants, the managing director and general manager, and any person holding a similar function;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Authority” : the Autorité des marchés financiers;

(o)  (paragraph repealed);

(p)  “licence” : every licence issued under this Act;

(q)  (paragraph repealed);

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this Act by the Government;

(t)  (paragraph repealed);

(u)  “insurance fund” : a professional liability insurance fund set up by a professional order governed by the Professional Code (chapter C‐26);

(v)  “spouse” : a person who is married to, or in a civil union with, and cohabits with another person, or a person who lives with another person of the opposite or the same sex in a conjugal relationship and has been living with that person for at least one year;

(w)  “register” : the register referred to in Chapter II of the Act respecting the legal publicity of enterprises (chapter P-44.1).

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56; 1984, c. 22, s. 1; 1984, c. 47, s. 22; 1985, c. 17, s. 1; 1987, c. 54, s. 1; 1990, c. 86, s. 1; 1989, c. 48, s. 225; 1993, c. 48, s. 113; 1994, c. 40, s. 457; 1996, c. 63, s. 80; 1999, c. 14, s. 7; 1998, c. 37, s. 497; 1999, c. 40, s. 33; 2002, c. 6, s. 86; 2002, c. 45, s. 200; 2004, c. 37, s. 90; 2009, c. 52, s. 498; 2010, c. 7, s. 282.

2004-12-17

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S‐40) or any person who, in the field of insurance, offers or enters into only contracts of additional warranty under which he binds himself towards another person to assume directly or indirectly, wholly or partly, the cost of repair or replacement of property or part of any property in case of defect or malfunction;

(b)  “company” or “insurance company” : a joint stock company constituted to transact insurance business and a mutual insurance company;

(c)  “mutual insurance company” : a mutual life‐insurance company and a mutual damage‐insurance company;

(d)  “mutual insurance association” : a legal person constituted under Chapter III.1 of Title III or a legal person resulting from a continuance provided for in the Act to amend the Act respecting insurance and other legislation (1985, chapter 17);

(e)  (paragraph repealed);

(f)  “mutual benefit association” : a mutual benefit association constituted under this Act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a legal person transacting mutual benefits under a special Act of Québec;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : a mutual insurance association and a mutual benefit association;

(i)  “insurance representative” : an insurance representative within the meaning of the Act respecting the distribution of financial products and services (chapter D‐9.2);

(j)  “claims adjuster” : a claims adjuster within the meaning of the Act respecting the distribution of financial products and services;

(k)  (paragraph repealed);

(l)  “officer” : the president, vice-president, treasurer and secretary of a legal person, or the chairman, vice-chairman, treasurer and secretary of its board of directors, their assistants, the managing director and general manager, and any person holding a similar function;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Authority” : the Autorité des marchés financiers;

(o)  (paragraph repealed);

(p)  “licence” : every licence issued under this Act;

(q)  (paragraph repealed);

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this Act by the Government;

(t)  (paragraph repealed);

(u)  “insurance fund” : a professional liability insurance fund set up by a professional order governed by the Professional Code (chapter C‐26);

(v)  “spouse” : a person who is married to, or in a civil union with, and cohabits with another person, or a person who lives with another person of the opposite or the same sex in a conjugal relationship and has been living with that person for at least one year;

(w)  “register” : the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P‐45).

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56; 1984, c. 22, s. 1; 1984, c. 47, s. 22; 1985, c. 17, s. 1; 1987, c. 54, s. 1; 1990, c. 86, s. 1; 1989, c. 48, s. 225; 1993, c. 48, s. 113; 1994, c. 40, s. 457; 1996, c. 63, s. 80; 1999, c. 14, s. 7; 1998, c. 37, s. 497; 1999, c. 40, s. 33; 2002, c. 6, s. 86; 2002, c. 45, s. 200; 2004, c. 37, s. 90.

2004-02-01

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S‐40) or any person who, in the field of insurance, offers or enters into only contracts of additional warranty under which he binds himself towards another person to assume directly or indirectly, wholly or partly, the cost of repair or replacement of property or part of any property in case of defect or malfunction;

(b)  “company” or “insurance company” : a joint stock company constituted to transact insurance business and a mutual insurance company;

(c)  “mutual insurance company” : a mutual life‐insurance company and a mutual damage‐insurance company;

(d)  “mutual insurance association” : a legal person constituted under Chapter III.1 of Title III or a legal person resulting from a continuance provided for in the Act to amend the Act respecting insurance and other legislation (1985, chapter 17);

(e)  (paragraph repealed);

(f)  “mutual benefit association” : a mutual benefit association constituted under this Act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a legal person transacting mutual benefits under a special Act of Québec;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : a mutual insurance association and a mutual benefit association;

(i)  “insurance representative” : an insurance representative within the meaning of the Act respecting the distribution of financial products and services (chapter D‐9.2);

(j)  “claims adjuster” : a claims adjuster within the meaning of the Act respecting the distribution of financial products and services;

(k)  (paragraph repealed);

(l)  “officer” : the president, vice-president, treasurer and secretary of a legal person, or the chairman, vice-chairman, treasurer and secretary of its board of directors, their assistants, the managing director and general manager, and any person holding a similar function;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Agency” : the Agence nationale d’encadrement du secteur financier;

(o)  (paragraph repealed);

(p)  “licence” : every licence issued under this Act;

(q)  (paragraph repealed);

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this Act by the Government;

(t)  (paragraph repealed);

(u)  “insurance fund” : a professional liability insurance fund set up by a professional order governed by the Professional Code (chapter C‐26);

(v)  “spouse” : a person who is married to, or in a civil union with, and cohabits with another person, or a person who lives with another person of the opposite or the same sex in a conjugal relationship and has been living with that person for at least one year;

(w)  “register” : the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P‐45).

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56; 1984, c. 22, s. 1; 1984, c. 47, s. 22; 1985, c. 17, s. 1; 1987, c. 54, s. 1; 1990, c. 86, s. 1; 1989, c. 48, s. 225; 1993, c. 48, s. 113; 1994, c. 40, s. 457; 1996, c. 63, s. 80; 1999, c. 14, s. 7; 1998, c. 37, s. 497; 1999, c. 40, s. 33; 2002, c. 6, s. 86; 2002, c. 45, s. 200.

2002-06-24

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S‐40) or any person who, in the field of insurance, offers or enters into only contracts of additional warranty under which he binds himself towards another person to assume directly or indirectly, wholly or partly, the cost of repair or replacement of property or part of any property in case of defect or malfunction;

(b)  “company” or “insurance company” : a joint stock company constituted to transact insurance business and a mutual insurance company;

(c)  “mutual insurance company” : a mutual life‐insurance company and a mutual damage‐insurance company;

(d)  “mutual insurance association” : a legal person constituted under Chapter III.1 of Title III or a legal person resulting from a continuance provided for in the Act to amend the Act respecting insurance and other legislation (1985, chapter 17);

(e)  (paragraph repealed);

(f)  “mutual benefit association” : a mutual benefit association constituted under this Act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a legal person transacting mutual benefits under a special Act of Québec;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : a mutual insurance association and a mutual benefit association;

(i)  “insurance representative” : an insurance representative within the meaning of the Act respecting the distribution of financial products and services (chapter D‐9.2);

(j)  “claims adjuster” : a claims adjuster within the meaning of the Act respecting the distribution of financial products and services;

(k)  (paragraph repealed);

(l)  “officer” : the president, vice-president, treasurer and secretary of a legal person, or the chairman, vice-chairman, treasurer and secretary of its board of directors, their assistants, the managing director and general manager, and any person holding a similar function;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Inspector General” : the Inspector General of Financial Institutions;

(o)  (paragraph repealed);

(p)  “licence” : every licence issued under this Act;

(q)  (paragraph repealed);

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this Act by the Government;

(t)  (paragraph repealed);

(u)  “insurance fund” : a professional liability insurance fund set up by a professional order governed by the Professional Code (chapter C‐26);

(v)  “spouse” : a person who is married to, or in a civil union with, and cohabits with another person, or a person who lives with another person of the opposite or the same sex in a conjugal relationship and has been living with that person for at least one year;

(w)  “register” : the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P‐45).

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56; 1984, c. 22, s. 1; 1984, c. 47, s. 22; 1985, c. 17, s. 1; 1987, c. 54, s. 1; 1990, c. 86, s. 1; 1989, c. 48, s. 225; 1993, c. 48, s. 113; 1994, c. 40, s. 457; 1996, c. 63, s. 80; 1999, c. 14, s. 7; 1998, c. 37, s. 497; 1999, c. 40, s. 33; 2002, c. 6, s. 86.

1999-10-22

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S‐40) or any person who, in the field of insurance, offers or enters into only contracts of additional warranty under which he binds himself towards another person to assume directly or indirectly, wholly or partly, the cost of repair or replacement of property or part of any property in case of defect or malfunction;

(b)  “company” or “insurance company” : a joint stock company constituted to transact insurance business and a mutual insurance company;

(c)  “mutual insurance company” : a mutual life‐insurance company and a mutual damage‐insurance company;

(d)  “mutual insurance association” : a legal person constituted under Chapter III.1 of Title III or a legal person resulting from a continuance provided for in the Act to amend the Act respecting insurance and other legislation (1985, chapter 17);

(e)  (paragraph repealed);

(f)  “mutual benefit association” : a mutual benefit association constituted under this Act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a legal person transacting mutual benefits under a special Act of Québec;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : a mutual insurance association and a mutual benefit association;

(i)  “insurance representative” : an insurance representative within the meaning of the Act respecting the distribution of financial products and services (chapter D‐9.2);

(j)  “claims adjuster” : a claims adjuster within the meaning of the Act respecting the distribution of financial products and services;

(k)  (paragraph repealed);

(l)  “officer” : the president, vice-president, treasurer and secretary of a legal person, or the chairman, vice-chairman, treasurer and secretary of its board of directors, their assistants, the managing director and general manager, and any person holding a similar function;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Inspector General” : the Inspector General of Financial Institutions;

(o)  (paragraph repealed);

(p)  “licence” : every licence issued under this Act;

(q)  (paragraph repealed);

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this Act by the Government;

(t)  (paragraph repealed);

(u)  “insurance fund” : a professional liability insurance fund set up by a professional order governed by the Professional Code (chapter C‐26);

(v)  “spouse” : a person who is married to and cohabits with another person, or a person who lives with another person of the opposite or the same sex in a conjugal relationship outside marriage and has been living with that person for at least one year;

(w)  “register” : the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P‐45).

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56; 1984, c. 22, s. 1; 1984, c. 47, s. 22; 1985, c. 17, s. 1; 1987, c. 54, s. 1; 1990, c. 86, s. 1; 1989, c. 48, s. 225; 1993, c. 48, s. 113; 1994, c. 40, s. 457; 1996, c. 63, s. 80; 1999, c. 14, s. 7; 1998, c. 37, s. 497; 1999, c. 40, s. 33.

1999-10-01

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S‐40) or any person who, in the field of insurance, offers or enters into only contracts of additional warranty under which he binds himself towards another person to assume directly or indirectly, wholly or partly, the cost of repair or replacement of property or part of any property in case of defect or malfunction;

(b)  “company” or “insurance company” : a joint stock company incorporated to transact insurance business and a mutual insurance company;

(c)  “mutual insurance company” : a mutual life‐insurance company and a mutual damage‐insurance company;

(d)  “mutual insurance association” : a legal person incorporated under Chapter III.1 of Title III or a legal person resulting from a continuance provided for in the Act to amend the Act respecting insurance and other legislation (1985, chapter 17);

(e)  (paragraph repealed);

(f)  “mutual benefit association” : a mutual benefit association incorporated under this Act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a legal person transacting mutual benefits under a special Act of the Legislature;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : a mutual insurance association and a mutual benefit association;

(i)  “insurance representative” : an insurance representative within the meaning of the Act respecting the distribution of financial products and services (chapter D‐9.2);

(j)  “claims adjuster” : a claims adjuster within the meaning of the Act respecting the distribution of financial products and services;

(k)  (paragraph repealed);

(l)  “officer” : the president, vice-president, treasurer and secretary of a legal person, or the chairman, vice-chairman, treasurer and secretary of its board of directors, their assistants, the managing director and general manager, and any person holding a similar function;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Inspector General” : the Inspector General of Financial Institutions;

(o)  (paragraph repealed);

(p)  “licence” : every licence issued under this Act;

(q)  (paragraph repealed);

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this Act by the Government;

(t)  (paragraph repealed);

(u)  “insurance fund” : a professional liability insurance fund set up by a professional order governed by the Professional Code (chapter C‐26);

(v)  “spouse” : a person who is married to and cohabits with another person, or a person who lives with another person of the opposite or the same sex in a conjugal relationship outside marriage and has been living with that person for at least one year;

(w)  “register” : the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P‐45).

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56; 1984, c. 22, s. 1; 1984, c. 47, s. 22; 1985, c. 17, s. 1; 1987, c. 54, s. 1; 1990, c. 86, s. 1; 1989, c. 48, s. 225; 1993, c. 48, s. 113; 1994, c. 40, s. 457; 1996, c. 63, s. 80; 1999, c. 14, s. 7; 1998, c. 37, s. 497.

1999-06-16

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S-40) or any person who, in the field of insurance, offers or enters into only contracts of additional warranty under which he binds himself towards another person to assume directly or indirectly, wholly or partly, the cost of repair or replacement of property or part of any property in case of defect or malfunction;

(b)  “company” or “insurance company” : a joint stock company incorporated to transact insurance business and a mutual insurance company;

(c)  “mutual insurance company” : a mutual life-insurance company and a mutual damage-insurance company;

(d)  “mutual insurance association” : a legal person incorporated under Chapter III.1 of Title III or a legal person resulting from a continuance provided for in the Act to amend the Act respecting insurance and other legislation (1985, chapter 17);

(e)  (paragraph repealed);

(f)  “mutual benefit association” : a mutual benefit association incorporated under this Act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a legal person transacting mutual benefits under a special Act of the Legislature;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : a mutual insurance association and a mutual benefit association;

(i)  “market intermediary in insurance business” : a market intermediary in insurance business within the meaning of the Act respecting market intermediaries (chapter I-15.1);

(j)  “claims adjuster” : a claims adjuster within the meaning of the Act respecting market intermediaries;

(k)  (paragraph repealed);

(l)  “officer” : the president, vice-president, treasurer and secretary of a legal person, or the chairman, vice-chairman, treasurer and secretary of its board of directors, their assistants, the managing director and general manager, and any person holding a similar function;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Inspector General” : the Inspector General of Financial Institutions;

(o)  (paragraph repealed);

(p)  “licence” : every licence issued under this Act;

(q)  (paragraph repealed);

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this Act by the Government;

(t)  (paragraph repealed);

(u)  “insurance fund” : a professional liability insurance fund set up by a professional order governed by the Professional Code (chapter C-26);

(v)  “spouse” : a person who is married to and cohabits with another person, or a person who lives with another person of the opposite or the same sex in a conjugal relationship outside marriage and has been living with that person for at least one year;

(w)  “register” : the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45).

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56; 1984, c. 22, s. 1; 1984, c. 47, s. 22; 1985, c. 17, s. 1; 1987, c. 54, s. 1; 1990, c. 86, s. 1; 1989, c. 48, s. 225; 1993, c. 48, s. 113; 1994, c. 40, s. 457; 1996, c. 63, s. 80; 1999, c. 14, s. 7.

1996-12-23

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S-40) or any person who, in the field of insurance, offers or enters into only contracts of additional warranty under which he binds himself towards another person to assume directly or indirectly, wholly or partly, the cost of repair or replacement of property or part of any property in case of defect or malfunction;

(b)  “company” or “insurance company” : a joint stock company incorporated to transact insurance business and a mutual insurance company;

(c)  “mutual insurance company” : a mutual life-insurance company and a mutual damage-insurance company;

(d)  “mutual insurance association” : a legal person incorporated under Chapter III.1 of Title III or a legal person resulting from a continuance provided for in the Act to amend the Act respecting insurance and other legislation (1985, chapter 17);

(e)  (paragraph repealed);

(f)  “mutual benefit association” : a mutual benefit association incorporated under this Act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a legal person transacting mutual benefits under a special Act of the Legislature;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : a mutual insurance association and a mutual benefit association;

(i)  “market intermediary in insurance business” : a market intermediary in insurance business within the meaning of the Act respecting market intermediaries (chapter I-15.1);

(j)  “claims adjuster” : a claims adjuster within the meaning of the Act respecting market intermediaries;

(k)  (paragraph repealed);

(l)  “officer” : the president, vice-president, treasurer and secretary of a legal person, or the chairman, vice-chairman, treasurer and secretary of its board of directors, their assistants, the managing director and general manager, and any person holding a similar function;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Inspector General” : the Inspector General of Financial Institutions;

(o)  (paragraph repealed);

(p)  “licence” : every licence issued under this Act;

(q)  (paragraph repealed);

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this Act by the Government;

(t)  (paragraph repealed);

(u)  “insurance fund” : a professional liability insurance fund set up by a professional order governed by the Professional Code (chapter C-26);

(v)  “spouse” : a person who is married and cohabits with the person to whom he is married, or a person who is living with another person in a conjugal relationship outside marriage and has been living with that person for at least one year;

(w)  “register” : the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45).

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56; 1984, c. 22, s. 1; 1984, c. 47, s. 22; 1985, c. 17, s. 1; 1987, c. 54, s. 1; 1990, c. 86, s. 1; 1989, c. 48, s. 225; 1993, c. 48, s. 113; 1994, c. 40, s. 457; 1996, c. 63, s. 80.

1994-10-15

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S-40) or any person who, in the field of insurance, offers or enters into only contracts of additional warranty under which he binds himself towards another person to assume directly or indirectly, wholly or partly, the cost of repair or replacement of property or part of any property in case of defect or malfunction;

(b)  “company” or “insurance company” : a joint stock company incorporated to transact insurance business and a mutual insurance company;

(c)  “mutual insurance company” : a mutual life-insurance company and a mutual damage-insurance company;

(d)  “mutual insurance association” : a corporation incorporated under Chapter III.1 of Title III or a corporation resulting from a continuance provided for in the Act to amend the Act respecting insurance and other legislation (1985, chapter 17);

(e)  (paragraph repealed);

(f)  “mutual benefit association” : a mutual benefit association incorporated under this Act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a corporation transacting mutual benefits under a special Act of the Legislature;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : a mutual insurance association and a mutual benefit association;

(i)  “market intermediary in insurance business” : a market intermediary in insurance business within the meaning of the Act respecting market intermediaries (chapter I-15.1);

(j)  “claims adjuster” : a claims adjuster within the meaning of the Act respecting market intermediaries;

(k)  (paragraph repealed);

(l)  “officer” : the president, vice-president, treasurer and secretary of a corporation, or the chairman, vice-chairman, treasurer and secretary of its board of directors, their assistants, the managing director and general manager, and any person holding a similar function;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Inspector General” : the Inspector General of Financial Institutions;

(o)  (paragraph repealed);

(p)  “licence” : every licence issued under this Act;

(q)  (paragraph repealed);

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this Act by the Government;

(t)  (paragraph repealed);

(u)  “insurance fund” : a professional liability insurance fund set up by a professional order governed by the Professional Code (chapter C-26);

(v)  “spouse” : a person who is married and cohabits with the person to whom he is married, or a person who is living with another person in a conjugal relationship outside marriage and has been living with that person for at least one year;

(w)  “register” : the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45).

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56; 1984, c. 22, s. 1; 1984, c. 47, s. 22; 1985, c. 17, s. 1; 1987, c. 54, s. 1; 1990, c. 86, s. 1; 1989, c. 48, s. 225; 1993, c. 48, s. 113; 1994, c. 40, s. 457.

1994-01-01

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S-40) or any person who, in the field of insurance, offers or enters into only contracts of additional warranty under which he binds himself towards another person to assume directly or indirectly, wholly or partly, the cost of repair or replacement of property or part of any property in case of defect or malfunction;

(b)  “company” or “insurance company” : a joint stock company incorporated to transact insurance business and a mutual insurance company;

(c)  “mutual insurance company” : a mutual life-insurance company and a mutual damage-insurance company;

(d)  “mutual insurance association” : a corporation incorporated under Chapter III.1 of Title III or a corporation resulting from a continuance provided for in the Act to amend the Act respecting insurance and other legislation (1985, chapter 17);

(e)  (paragraph repealed);

(f)  “mutual benefit association” : a mutual benefit association incorporated under this Act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a corporation transacting mutual benefits under a special Act of the Legislature;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : a mutual insurance association and a mutual benefit association;

(i)  “market intermediary in insurance business” : a market intermediary in insurance business within the meaning of the Act respecting market intermediaries (chapter I-15.1);

(j)  “claims adjuster” : a claims adjuster within the meaning of the Act respecting market intermediaries;

(k)  (paragraph repealed);

(l)  “officer” : the president, vice-president, treasurer and secretary of a corporation, or the chairman, vice-chairman, treasurer and secretary of its board of directors, their assistants, the managing director and general manager, and any person holding a similar function;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Inspector General” : the Inspector General of Financial Institutions;

(o)  (paragraph repealed);

(p)  “licence” : every licence issued under this Act;

(q)  (paragraph repealed);

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this Act by the Government;

(t)  (paragraph repealed);

(u)  “insurance fund” : a professional liability insurance fund set up by a professional corporation governed by the Professional Code (chapter C-26);

(v)  “spouse” : a person who is married and cohabits with the person to whom he is married, or a person who is living with another person in a conjugal relationship outside marriage and has been living with that person for at least one year;

(w)  “register” : the register instituted under the Act respecting the legal publicity of sole proprietorships, partnerships and legal persons (chapter P-45).

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56; 1984, c. 22, s. 1; 1984, c. 47, s. 22; 1985, c. 17, s. 1; 1987, c. 54, s. 1; 1990, c. 86, s. 1; 1989, c. 48, s. 225; 1993, c. 48, s. 113.

1991-09-01

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S-40) or any person who, in the field of insurance, offers or enters into only contracts of additional warranty under which he binds himself towards another person to assume directly or indirectly, wholly or partly, the cost of repair or replacement of property or part of any property in case of defect or malfunction;

(b)  “company” or “insurance company” : a joint stock company incorporated to transact insurance business and a mutual insurance company;

(c)  “mutual insurance company” : a mutual life-insurance company and a mutual damage-insurance company;

(d)  “mutual insurance association” : a corporation incorporated under Chapter III.1 of Title III or a corporation resulting from a continuance provided for in the Act to amend the Act respecting insurance and other legislation (1985, chapter 17);

(e)  (paragraph repealed);

(f)  “mutual benefit association” : a mutual benefit association incorporated under this Act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a corporation transacting mutual benefits under a special Act of the Legislature;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : a mutual insurance association and a mutual benefit association;

(i)  “market intermediary in insurance business” : a market intermediary in insurance business within the meaning of the Act respecting market intermediaries (chapter I-15.1);

(j)  “claims adjuster” : a claims adjuster within the meaning of the Act respecting market intermediaries;

(k)  (paragraph repealed);

(l)  “officer” : the president, vice-president, treasurer and secretary of a corporation, or the chairman, vice-chairman, treasurer and secretary of its board of directors, their assistants, the managing director and general manager, and any person holding a similar function;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Inspector General” : the Inspector General of Financial Institutions;

(o)  (paragraph repealed);

(p)  “licence” : every licence issued under this Act;

(q)  (paragraph repealed);

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this Act by the Government;

(t)  (paragraph repealed);

(u)  “insurance fund” : a professional liability insurance fund set up by a professional corporation governed by the Professional Code (chapter C-26);

(v)  “spouse” : a person who is married and cohabits with the person to whom he is married, or a person who is living with another person in a conjugal relationship outside marriage and has been living with that person for at least one year.

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56; 1984, c. 22, s. 1; 1984, c. 47, s. 22; 1985, c. 17, s. 1; 1987, c. 54, s. 1; 1990, c. 86, s. 1; 1989, c. 48, s. 225.

1991-03-15

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S-40) or any person who, in the field of insurance, offers or enters into only contracts of additional warranty under which he binds himself towards another person to assume directly or indirectly, wholly or partly, the cost of repair or replacement of property or part of any property in case of defect or malfunction;

(b)  “company” or “insurance company” : a joint stock company incorporated to transact insurance business and a mutual insurance company;

(c)  “mutual insurance company” : a mutual life-insurance company and a mutual damage-insurance company;

(d)  “mutual insurance association” : a corporation incorporated under Chapter III.1 of Title III or a corporation resulting from a continuance provided for in the Act to amend the Act respecting insurance and other legislation (1985, chapter 17);

(e)  (paragraph repealed);

(f)  “mutual benefit association” : a mutual benefit association incorporated under this Act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a corporation transacting mutual benefits under a special Act of the Legislature;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : a mutual insurance association and a mutual benefit association;

(i)  “insurance agent” : every person who, on behalf of another and for remuneration or on behalf on his employer but not on behalf of a person who, in the field of insurance, offers or enters into only contracts of additional warranty contemplated in paragraph a, transacts the business of insurance by negotiating for or placing risks, soliciting or obtaining applications for insurance, issuing policies or collecting premiums, including a special broker contemplated in section 346 and an insurance broker within the meaning of the Insurance Brokers Act (chapter C-74);

(j)  “claims adjuster” : every person who, in insurance matters, on behalf of another and for remuneration or on behalf of his employer, but not on behalf of a person who, in the field of insurance, offers or enters into only contracts of additional warranty contemplated in paragraph a, investigates a loss, assesses damage arising from it or negotiates settlement of the claim, subject to the Act respecting the Barreau du Québec (chapter B-1);

(k)  “for remuneration” : in addition to its usual meaning, in consideration of any direct or indirect commission or benefit, promise of remuneration or intention to obtain remuneration;

(l)  “officer” : the president, vice-president, treasurer and secretary of a corporation, or the chairman, vice-chairman, treasurer and secretary of its board of directors, their assistants, the managing director and general manager, and any person holding a similar function;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Inspector General” : the Inspector General of Financial Institutions;

(o)  (paragraph repealed);

(p)  “licence” : every licence issued under this Act;

(q)  “certificate” : every certificate issued under this Act to an insurance agent or a claims adjuster;

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this Act by the Government;

(t)  (paragraph repealed);

(u)  “insurance fund” : a professional liability insurance fund set up by a professional corporation governed by the Professional Code (chapter C-26);

(v)  “spouse” : a person who is married and cohabits with the person to whom he is married, or a person who is living with another person in a conjugal relationship outside marriage and has been living with that person for at least one year.

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56; 1984, c. 22, s. 1; 1984, c. 47, s. 22; 1985, c. 17, s. 1; 1987, c. 54, s. 1; 1990, c. 86, s. 1.

1987-06-23

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S-40) or any person who, in the field of insurance, offers or enters into only contracts of additional warranty under which he binds himself towards another person to assume directly or indirectly, wholly or partly, the cost of repair or replacement of property or part of any property in case of defect or malfunction;

(b)  “company” or “insurance company” : a joint stock company incorporated to transact insurance business and a mutual insurance company;

(c)  “mutual insurance company” : a mutual life-insurance company and a mutual damage-insurance company;

(d)  “mutual insurance association” : a corporation incorporated under Chapter III.1 of Title III or a corporation resulting from a continuance provided for in the Act to amend the Act respecting insurance and other legislation (1985, chapter 17);

(e)  (paragraph repealed);

(f)  “mutual benefit association” : a mutual benefit association incorporated under this act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a corporation transacting mutual benefits under a special act of the Legislature;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : a mutual insurance association and a mutual benefit association;

(i)  “insurance agent” : every person who, on behalf of another and for remuneration or on behalf on his employer but not on behalf of a person who, in the field of insurance, offers or enters into only contracts of additional warranty contemplated in paragraph a, transacts the business of insurance by negotiating for or placing risks, soliciting or obtaining applications for insurance, issuing policies or collecting premiums, including a special broker contemplated in section 346 and an insurance broker within the meaning of the Insurance Brokers Act (chapter C-74);

(j)  “claims adjuster” : every person who, in insurance matters, on behalf of another and for remuneration or on behalf of his employer, but not on behalf of a person who, in the field of insurance, offers or enters into only contracts of additional warranty contemplated in paragraph a, investigates a loss, assesses damage arising from it or negotiates settlement of the claim, subject to the Act respecting the Barreau du Québec (chapter B-1);

(k)  “for remuneration” : in addition to its usual meaning, in consideration of any direct or indirect commission or benefit, promise of remuneration or intention to obtain remuneration;

(l)  “officer” : the chairman of the board of directors, the president, vice-president, secretary, treasurer, managing director and the general manager as well as the administrator of an insurance fund and, if the administrator is a corporation, its directors;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Inspector General” : the Inspector General of Financial Institutions;

(o)  (paragraph repealed);

(p)  “licence” : every licence issued under this act;

(q)  “certificate” : every certificate issued under this act to an insurance agent or a claims adjuster;

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this act by the Government;

(t)  “subsidiary” : a corporation over fifty per cent of the voting shares of which are held, directly or indirectly, by a parent company that may, by that fact, elect a majority of its directors;

(u)  “insurance fund” : a professional liability insurance fund set up by a professional corporation governed by the Professional Code (chapter C-26).

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56; 1984, c. 22, s. 1; 1984, c. 47, s. 22; 1985, c. 17, s. 1; 1987, c. 54, s. 1.

1985-09-11

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S-40) or any person who, in the field of insurance, offers or enters into only contracts of additional warranty under which he binds himself towards another person to assume directly or indirectly, wholly or partly, the cost of repair or replacement of property or part of any property in case of defect or malfunction;

(b)  “company” or “insurance company” : a joint stock company incorporated to transact insurance business and a mutual insurance company;

(c)  “mutual insurance company” : a mutual life-insurance company and a mutual damage-insurance company;

(d)  “mutual insurance association” : a corporation incorporated under Chapter III.1 of Title III or a corporation resulting from a continuance provided for in the Act to amend the Act respecting insurance and other legislation (1985, chapter 17);

(e)  (paragraph repealed);

(f)  “mutual benefit association” : a mutual benefit association incorporated under this act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a corporation transacting mutual benefits under a special act of the Legislature;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : a mutual insurance association and a mutual benefit association;

(i)  “insurance agent” : every person who, on behalf of another and for remuneration or on behalf on his employer but not on behalf of a person who, in the field of insurance, offers or enters into only contracts of additional warranty contemplated in paragraph a, transacts the business of insurance by negotiating for or placing risks, soliciting or obtaining applications for insurance, issuing policies or collecting premiums, including a special broker contemplated in section 346 and an insurance broker within the meaning of the Insurance Brokers Act (chapter C-74);

(j)  “claims adjuster” : every person who, in insurance matters, on behalf of another and for remuneration or on behalf of his employer, but not on behalf of a person who, in the field of insurance, offers or enters into only contracts of additional warranty contemplated in paragraph a, investigates a loss, assesses damage arising from it or negotiates settlement of the claim, subject to the Act respecting the Barreau du Québec (chapter B-1);

(k)  “for remuneration” : in addition to its usual meaning, in consideration of any direct or indirect commission or benefit, promise of remuneration or intention to obtain remuneration;

(l)  “officer” : the chairman of the board of directors, the president, vice-president, secretary, treasurer, managing director and the general manager;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Inspector General” : the Inspector General of Financial Institutions;

(o)  (paragraph repealed);

(p)  “licence” : every licence issued under this act;

(q)  “certificate” : every certificate issued under this act to an insurance agent or a claims adjuster;

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this act by the Government;

(t)  “subsidiary” : a corporation over fifty per cent of the voting shares of which are held, directly or indirectly, by a parent company that may, by that fact, elect a majority of its directors.

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56; 1984, c. 22, s. 1; 1984, c. 47, s. 22; 1985, c. 17, s. 1.

1985-03-13

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S-40) or any person who, in the field of insurance, offers or enters into only contracts of additional warranty under which he binds himself towards another person to assume directly or indirectly, wholly or partly, the cost of repair or replacement of property or part of any property in case of defect or malfunction;

(b)  “company” or “insurance company” : a joint stock company incorporated to transact insurance business and a mutual life-insurance company;

(c)  “mutual life-insurance company” : a company contemplated in section 67;

(d)  “mutual fire-insurance association” : a mutual fire insurance association incorporated under section 95, or a mutual fire insurance company, in counties, incorporated under Division II of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974;

(e)  “mutual company of insurance against fire, lightning and wind” : a mutual insurance company against fire, lightning and wind governed by the Act respecting certain mutual companies of insurance against fire, lightning and wind (chapter C-39);

(f)  “mutual benefit association” : a mutual benefit association incorporated under this act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a corporation transacting mutual benefits under a special act of the Legislature;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : every association or company contemplated in paragraph d, e or f;

(i)  “insurance agent” : every person who, on behalf of another and for remuneration or on behalf on his employer but not on behalf of a person who, in the field of insurance, offers or enters into only contracts of additional warranty contemplated in paragraph a, transacts the business of insurance by negotiating for or placing risks, soliciting or obtaining applications for insurance, issuing policies or collecting premiums, including a special broker contemplated in section 346 and an insurance broker within the meaning of the Insurance Brokers Act (chapter C-74);

(j)  “claims adjuster” : every person who, in insurance matters, on behalf of another and for remuneration or on behalf of his employer, but not on behalf of a person who, in the field of insurance, offers or enters into only contracts of additional warranty contemplated in paragraph a, investigates a loss, assesses damage arising from it or negotiates settlement of the claim, subject to the Act respecting the Barreau du Québec (chapter B-1);

(k)  “for remuneration” : in addition to its usual meaning, in consideration of any direct or indirect commission or benefit, promise of remuneration or intention to obtain remuneration;

(l)  “officer” : the chairman of the board of directors, the president, vice-president, secretary, treasurer, managing director and the general manager;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Inspector General” : the Inspector General of Financial Institutions;

(o)  (paragraph repealed);

(p)  “licence” : every licence issued under this act;

(q)  “certificate” : every certificate issued under this act to an insurance agent or a claims adjuster;

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this act by the Government;

(t)  “subsidiary” : a corporation over fifty per cent of the voting shares of which are held, directly or indirectly, by a parent company that may, by that fact, elect a majority of its directors.

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56; 1984, c. 22, s. 1; 1984, c. 47, s. 22.

1984-06-20

1. In this Act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S-40);

(b)  “company” or “insurance company” : a joint stock company incorporated to transact insurance business and a mutual life-insurance company;

(c)  “mutual life-insurance company” : a company contemplated in section 67;

(d)  “mutual fire-insurance association” : a mutual fire insurance association incorporated under section 95, or a mutual fire insurance company, in counties, incorporated under Division II of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974;

(e)  “mutual company of insurance against fire, lightning and wind” : a mutual insurance company against fire, lightning and wind governed by the Act respecting certain mutual companies of insurance against fire, lightning and wind (chapter C-39);

(f)  “mutual benefit association” : a mutual benefit association incorporated under this act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a corporation transacting mutual benefits under a special act of the Legislature;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : every association or company contemplated in paragraph d, e or f;

(i)  “insurance agent” : every person who, on behalf of another and for remuneration or on behalf of his employer, transacts the business of insurance by negotiating for or placing risks, soliciting or obtaining applications for insurance, issuing policies or collecting premiums, including a special broker contemplated in section 346 and an insurance broker within the meaning of the Insurance Brokers Act (chapter C-74);

(j)  “claims adjuster” : every person who, in insurance matters, on behalf of another and for remuneration or on behalf of his employer, investigates a loss, assesses damage arising from it or negotiates settlement of the claim, subject to the Act respecting the Barreau du Québec;

(k)  “for remuneration” : in addition to its usual meaning, in consideration of any direct or indirect commission or benefit, promise of remuneration or intention to obtain remuneration;

(l)  “officer” : the chairman of the board of directors, the president, vice-president, secretary, treasurer, managing director and the general manager;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Inspector General” : the Inspector General of Financial Institutions;

(o)  (paragraph repealed);

(p)  “licence” : every licence issued under this act;

(q)  “certificate” : every certificate issued under this act to an insurance agent or a claims adjuster;

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this act by the Government;

(t)  “subsidiary” : a corporation over fifty per cent of the voting shares of which are held, directly or indirectly, by a parent company that may, by that fact, elect a majority of its directors.

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56; 1984, c. 22, s. 1.

1983-04-01

1. In this act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S-40);

(b)  “company” or “insurance company” : a joint stock company incorporated to transact insurance business;

(c)  “mutual life-insurance company” : a company contemplated in section 67;

(d)  “mutual fire-insurance association” : a mutual fire insurance association incorporated under section 95, or a mutual fire insurance company, in counties, incorporated under Division II of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974;

(e)  “mutual company of insurance against fire, lightning and wind” : a mutual insurance company against fire, lightning and wind governed by the Act respecting certain mutual companies of insurance against fire, lightning and wind (chapter C-39);

(f)  “mutual benefit association” : a mutual benefit association incorporated under this act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a corporation transacting mutual benefits under a special act of the Legislature;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : every association or company contemplated in paragraph d, e or f;

(i)  “insurance agent” : every person who, on behalf of another and for remuneration or on behalf of his employer, transacts the business of insurance by negotiating for or placing risks, soliciting or obtaining applications for insurance, issuing policies or collecting premiums, including a special broker contemplated in section 346 and an insurance broker within the meaning of the Insurance Brokers Act (chapter C-74);

(j)  “claims adjuster” : every person who, in insurance matters, on behalf of another and for remuneration or on behalf of his employer, investigates a loss, assesses damage arising from it or negotiates settlement of the claim, subject to the Act respecting the Barreau du Québec;

(k)  “for remuneration” : in addition to its usual meaning, in consideration of any direct or indirect commission or benefit, promise of remuneration or intention to obtain remuneration;

(l)  “officer” : the chairman of the board of directors, the president, vice-president, secretary, treasurer, managing director and the general manager;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Inspector General” : the Inspector General of Financial Institutions;

(o)  repealed;

(p)  “licence” : every licence issued under this act;

(q)  “certificate” : every certificate issued under this act to an insurance agent or a claims adjuster;

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this act by the Government.

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24; 1982, c. 52, s. 56.

1981-06-18

1. In this act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S-40);

(b)  “company” or “insurance company” : a joint stock company incorporated to transact insurance business;

(c)  “mutual life-insurance company” : a company contemplated in section 67;

(d)  “mutual fire-insurance association” : a mutual fire insurance association incorporated under section 95, or a mutual fire insurance company, in counties, incorporated under Division II of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974;

(e)  “mutual company of insurance against fire, lightning and wind” : a mutual insurance company against fire, lightning and wind governed by the Act respecting certain mutual companies of insurance against fire, lightning and wind (chapter C-39);

(f)  “mutual benefit association” : a mutual benefit association incorporated under this act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a corporation transacting mutual benefits under a special act of the Legislature;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : every association or company contemplated in paragraph d, e or f;

(i)  “insurance agent” : every person who, on behalf of another and for remuneration or on behalf of his employer, transacts the business of insurance by negotiating for or placing risks, soliciting or obtaining applications for insurance, issuing policies or collecting premiums, including a special broker contemplated in section 346 and an insurance broker within the meaning of the Insurance Brokers Act (chapter C-74);

(j)  “claims adjuster” : every person who, in insurance matters, on behalf of another and for remuneration or on behalf of his employer, investigates a loss, assesses damage arising from it or negotiates settlement of the claim, subject to the Act respecting the Barreau du Québec;

(k)  “for remuneration” : in addition to its usual meaning, in consideration of any direct or indirect commission or benefit, promise of remuneration or intention to obtain remuneration;

(l)  “officer” : the chairman of the board of directors, the president, vice-president, secretary, treasurer, managing director and the general manager;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Superintendent” : the Superintendent of Insurance appointed under section 4;

(o)  “Minister” : the Minister of Financial Institutions and Cooperatives;

(p)  “licence” : every licence issued under this act;

(q)  “certificate” : every certificate issued under this act to an insurance agent or a claims adjuster;

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this act by the Government.

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11; 1981, c. 9, s. 24.

1977-12-31

1. In this act and in the regulations, unless the context indicates a different meaning, the following expressions mean:

(a)  “insurer” : any person who directly or indirectly advertises or acts as an insurer, issues or undertakes to issue an insurance contract, receives premiums, assessments or other amounts under such a contract or to pay mutual benefits, or undertakes to pay insurance benefits or mutual benefits, excluding any professional syndicate authorized to exercise the powers provided in subparagraph 1 of section 9 of the Professional Syndicates Act (chapter S-40);

(b)  “company” or “insurance company” : a joint stock company incorporated to transact insurance business;

(c)  “mutual life-insurance company” : a company contemplated in section 67;

(d)  “mutual fire-insurance association” : a mutual fire insurance association incorporated under section 95, or a mutual fire insurance company, in counties, incorporated under Division II of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974

(e)  “mutual company of insurance against fire, lightning and wind” : a mutual insurance company against fire, lightning and wind governed by the Act respecting certain mutual companies of insurance against fire, lightning and wind (chapter C-39);

(f)  “mutual benefit association” : a mutual benefit association incorporated under this act or Division VIII of the Insurance Act (Revised Statutes, 1964, chapter 295) replaced by chapter 70 of the statutes of 1974, and a corporation transacting mutual benefits under a special act of the Legislature;

(g)  “mutual benefits” : amounts paid to or benefits conferred upon persons who are members of a group or to or upon members of their families in case of misfortune, sickness, accident or death, out of the premiums, assessments, gifts or subscriptions from persons who are members of that group;

(h)  “mutual association” : every association or company contemplated in paragraph d, e or f;

(i)  “insurance agent” : every person who, on behalf of another and for remuneration or on behalf of his employer, transacts the business of insurance by negotiating for or placing risks, soliciting or obtaining applications for insurance, issuing policies or collecting premiums, including a special broker contemplated in section 346 and an insurance broker within the meaning of the Insurance Brokers Act (chapter C-74);

(j)  “claims adjuster” : every person who, in insurance matters, on behalf of another and for remuneration or on behalf of his employer, investigates a loss, assesses damage arising from it or negotiates settlement of the claim, subject to the Act respecting the Barreau du Québec;

(k)  “for remuneration” : in addition to its usual meaning, in consideration of any direct or indirect commission or benefit, promise of remuneration or intention to obtain remuneration;

(l)  “officer” : the chairman of the board of directors, the president, vice-president, secretary, treasurer, managing director and the general manager;

(m)  “actuary” : a Fellow of the Canadian Institute of Actuaries;

(n)  “Superintendent” : the Superintendent of Insurance appointed under section 4;

(o)  “Minister” : the Minister of Consumer Affairs, Cooperatives and Financial Institutions;

(p)  “licence” : every licence issued under this act;

(q)  “certificate” : every certificate issued under this act to an insurance agent or a claims adjuster;

(r)  “annual statement” : the statement contemplated in section 305;

(s)  “regulations” : the regulations made under this act by the Government.

1974, c. 70, s. 1 (part); 1975, c. 76, s. 11.