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A-32 - Act respecting insurance

Section 49
Disposition versions

Full text
49. For the purposes of sections 43 and 48, persons are associates where
(1)  one person is the spouse of the other, or is the minor child of either;
(2)  one person is a legal person and the other is a director or officer thereof, or the spouse or minor child of that director, officer or spouse;
(3)  one person is a legal person and the other person, or the spouse or a minor child of the other person or his spouse, or a group consisting of that other person, the spouse of that person or such a child or, in the case of a legal person, a director or officer thereof, holds 10% or more of the voting rights of that legal person;
(4)  one person is a partnership and the other is one of the partners;
(5)  they are affiliated legal persons;
(6)  they are parties to an agreement with a view to exercising voting rights attached to shares in the same legal person;
(7)  they are associates, within the meaning of paragraphs 1 to 6, of the same person;
(8)  they are controlled by associates within the meaning of paragraphs 1 to 7.
1974, c. 70, s. 49; 1982, c. 17, s. 38; 1984, c. 22, s. 20; 1990, c. 86, s. 4; 1996, c. 63, s. 80; 2002, c. 70, s. 27.
49. For the purposes of sections 43, 44 and 48, persons are associates where
(1)  one person is the spouse of the other, or is the minor child of either;
(2)  one person is a legal person and the other is a director or officer thereof, or the spouse or minor child of that director, officer or spouse;
(3)  one person is a legal person and the other person, or the spouse or a minor child of the other person or his spouse, or a group consisting of that other person, the spouse of that person or such a child or, in the case of a legal person, a director or officer thereof, holds 10 % or more of the voting rights of that legal person;
(4)  one person is a partnership and the other is one of the partners;
(5)  they are affiliated legal persons;
(6)  they are parties to an agreement with a view to exercising voting rights attached to shares in the same legal person;
(7)  they are associates, within the meaning of paragraphs 1 to 6, of the same person;
(8)  they are controlled by associates within the meaning of paragraphs 1 to 7.
1974, c. 70, s. 49; 1982, c. 17, s. 38; 1984, c. 22, s. 20; 1990, c. 86, s. 4; 1996, c. 63, s. 80.
49. For the purposes of sections 43, 44 and 48, persons are associates where
(1)  one person is the spouse of the other, or is the minor child of either;
(2)  one person is a corporation and the other is a director or officer thereof, or the spouse or minor child of that director, officer or spouse;
(3)  one person is a corporation and the other person, or the spouse or a minor child of the other person or his spouse, or a group consisting of that other person, the spouse of that person or such a child or, in the case of a corporation, a director or officer thereof, holds 10 % or more of the voting rights of that corporation;
(4)  one person is a partnership and the other is one of the partners;
(5)  they are affiliated corporations;
(6)  they are parties to an agreement with a view to exercising voting rights attached to shares in the same corporation;
(7)  they are associates, within the meaning of paragraphs 1 to 6, of the same person;
(8)  they are controlled by associates within the meaning of paragraphs 1 to 7.
1974, c. 70, s. 49; 1982, c. 17, s. 38; 1984, c. 22, s. 20; 1990, c. 86, s. 4.
49. For the application of sections 43 to 48:
(1)  a group must be considered related when each person belonging to it is related to each other person in the group;
(2)  the following are related persons or persons related to each other:
(a)  individuals connected by blood relationship, marriage or adoption;
(b)  a corporation and
i.  a person who controls that corporation,
ii.  a person who is a member of a related group that controls the corporation, or
iii.  a person related to the person contemplated by subparagraph i or ii;
(c)  any two corporations
i.  if they are controlled by the same person or group of persons,
ii.  if each of them is controlled by one person and the person who controls one of them is related to the person who controls the other,
iii.  if one of them is controlled by a person related to any member of a related group that controls the other,
iv.  if one of the corporations is controlled by a person related to each member of an unrelated group that controls the other,
v.  if any member of a related group that controls one of the corporations is related to each member of an unrelated group that controls the other, or
vi.  if each member of an unrelated group that controls one of the corporations is related to at least one member of an unrelated group that controls the other;
(3)  two corporations related to the same corporation under paragraph 2 are deemed, for the application of paragraph 1, to be related to each other;
(4)  for the application of paragraphs 1 to 3,
(a)  a related group which is in a position to control a corporation is deemed to be a related group which controls it, whether or not it is part of a larger group which in fact controls the corporation;
(b)  a person who had a right under a contract, either immediately or in the future and either absolutely or contingently, to, or to acquire shares in a corporation, or to control the voting rights of shares in a corporation, is, except where the contract provided that the right is not exercisable until the death of an individual designated therein, deemed to have had the same position in relation to the control of the corporation as if he owned the shares; and
(c)  a shareholder of two or more corporations is, as shareholder of one of such corporations, deemed to be related to himself as shareholder of each of the other corporations;
(5)  for the application of this section:
(a)  persons are connected by blood relationship if one is the descendant, brother or sister of the other;
(b)  persons are connected by marriage if one is married to the other or to a person who is connected with the other by blood relationship or by adoption; and
(c)  persons are connected by adoption if one has been adopted, legally or defacto, and would be connected with the other by blood relationship if his filiation by adoption were filiation by blood.
1974, c. 70, s. 49; 1982, c. 17, s. 38; 1984, c. 22, s. 20.
49. For the application of sections 45 to 48:
(1)  a group must be considered related when each person belonging to it is related to each other person in the group;
(2)  the following are related persons or persons related to each other:
(a)  individuals connected by blood relationship, marriage or adoption;
(b)  a corporation and
i.  a person who controls that corporation,
ii.  a person who is a member of a related group that controls the corporation, or
iii.  a person related to the person contemplated by subparagraph i or ii;
(c)  any two corporations
i.  if they are controlled by the same person or group of persons,
ii.  if each of them is controlled by one person and the person who controls one of them is related to the person who controls the other,
iii.  if one of them is controlled by a person related to any member of a related group that controls the other,
iv.  if one of the corporations is controlled by a person related to each member of an unrelated group that controls the other,
v.  if any member of a related group that controls one of the corporations is related to each member of an unrelated group that controls the other, or
vi.  if each member of an unrelated group that controls one of the corporations is related to at least one member of an unrelated group that controls the other;
(3)  two corporations related to the same corporation under paragraph 2 are deemed, for the application of paragraph 1, to be related to each other;
(4)  for the application of paragraphs 1 to 3,
(a)  a related group which is in a position to control a corporation is deemed to be a related group which controls it, whether or not it is part of a larger group which in fact controls the corporation;
(b)  a person who had a right under a contract, either immediately or in the future and either absolutely or contingently, to, or to acquire shares in a corporation, or to control the voting rights of shares in a corporation, is, except where the contract provided that the right is not exercisable until the death of an individual designated therein, deemed to have had the same position in relation to the control of the corporation as if he owned the shares; and
(c)  a shareholder of two or more corporations is, as shareholder of one of such corporations, deemed to be related to himself as shareholder of each of the other corporations;
(5)  for the application of this section:
(a)  persons are connected by blood relationship if one is the descendant, brother or sister of the other;
(b)  persons are connected by marriage if one is married to the other or to a person who is connected with the other by blood relationship or by adoption; and
(c)  persons are connected by adoption if one has been adopted, legally or defacto, and would be connected with the other by blood relationship if his filiation by adoption were filiation by blood.
1974, c. 70, s. 49; 1982, c. 17, s. 38.
49. For the application of sections 45 to 48:
(1)  a group must be considered related when each person belonging to it is related to each other person in the group;
(2)  the following are related persons or persons related to each other:
(a)  individuals connected by blood relationship, marriage or adoption;
(b)  a corporation and
i.  a person who controls that corporation,
ii.  a person who is a member of a related group that controls the corporation, or
iii.  a person related to the person contemplated by subparagraph i or ii;
(c)  any two corporations
i.  if they are controlled by the same person or group of persons,
ii.  if each of them is controlled by one person and the person who controls one of them is related to the person who controls the other,
iii.  if one of them is controlled by a person related to any member of a related group that controls the other,
iv.  if one of the corporations is controlled by a person related to each member of an unrelated group that controls the other,
v.  if any member of a related group that controls one of the corporations is related to each member of an unrelated group that controls the other, or
vi.  if each member of an unrelated group that controls one of the corporations is related to at least one member of an unrelated group that controls the other;
(3)  two corporations related to the same corporation under paragraph 2 are deemed, for the application of paragraph 1, to be related to each other;
(4)  for the application of paragraphs 1 to 3,
(a)  a related group which is in a position to control a corporation is deemed to be a related group which controls it, whether or not it is part of a larger group which in fact controls the corporation;
(b)  a person who had a right under a contract, either immediately or in the future and either absolutely or contingently, to, or to acquire shares in a corporation, or to control the voting rights of shares in a corporation, is, except where the contract provided that the right is not exercisable until the death of an individual designated therein, deemed to have had the same position in relation to the control of the corporation as if he owned the shares; and
(c)  a shareholder of two or more corporations is, as shareholder of one of such corporations, deemed to be related to himself as shareholder of each of the other corporations;
(5)  for the application of this section:
(a)  persons are connected by blood relationship if one is the descendant, brother or sister of the other;
(b)  persons are connected by marriage if one is married to the other or to a person who is connected by blood relationship to the other; and
(c)  persons are connected by adoption if one has been adopted, either legally or in fact, as the child of the other or as the child of a person who is so connected otherwise than as brother or sister to the other.
1974, c. 70, s. 49.
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