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SECTION III

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DEFINITIONS







SECTION III





Definitions have been included in these Instructions to assist insurers with the preparation of

their filings.



This section is not a complete set of insurance and insurance accounting definitions or

interpretations. It is related specifically to the preparation of the Annual Return.



Other definitions are contained in the Federal Insurance Companies Act and the various

provincial and territorial Insurance Acts.



Another Canadian source of definitions of insurance and insurance accounting terms and

concepts is:



Dictionary of Insurance, The Insurance Institute of Canada



However, definitions contained in this section take precedence, for the completion of the

Annual Return, over any definition of the same terms contained in non-legislative sources.



In some cases, there may be jurisdictional differences in the interpretations of certain terms.

If necessary, insurers should consult their primary Regulator for technical interpretations.





Affiliate

An enterprise is an affiliate of another enterprise if one is the subsidiary of the other or

if both are subsidiaries of the same other enterprise or if each of them is controlled by

the same person or enterprise. In addition, if one enterprise controls another, the two

enterprises are affiliated. "Control" exists where one enterprise is able to exercise

"significant influence" in accordance with GAAP over operating and financial

decisions of another enterprise.





Acquisition Expenses

Policy acquisition expenses are those expenses incurred in the acquisition of new and

renewal business. They include items such as commissions, premium taxes and an

allocation of operating expenses.









(1996) III-1 INSTRUCTIONS P&C-1

SECTION III DEFINITIONS







Ancillary Operations

Any function which can be considered to be providing support or service to the

insurance or investment operations, can be considered an ancillary operation.





Claims Ratio

With respect to any particular period, for any policies issued by an insurer for a

particular class of insurance, the ratio of claims incurred, including adjustment

expenses, during that period under those policies, to net premiums earned during that

period for those policies, expressed as a percentage.





Claims Ratio - By Year of Accident

The claims ratio determined when claims and premiums used in the calculation are

those which pertain to a specific accident year.





Claims Ratio - By Year of Account

The claims ratio determined when claims and premiums used in the calculation are

those which pertain to a specific calendar year.





Contingent Commission

Any commission not exclusively attributable to premium volume is a contingent

commission and would be considered non-deferrable. Refer to the Instructions for

Page 80.10 for further details on commissions.





Control

Control exists where one enterprise is able to exercise significant influence over

operating and financial decisions of another enterprise, in accordance with the meaning

of the term under GAAP.





Counselling Fees

Fees paid for investment advice.









(2003) III-2 INSTRUCTIONS P&C-1

SECTION III DEFINITIONS







Deferred Commissions

The estimated amount of commission expense on direct and assumed premiums relating

to the coverage period beyond the current year end. Deferred Commissions arising

from direct and assumed business must not be reduced by Unearned Commissions

arising from ceded business, and must be estimated by class of insurance.





Derivative Instruments

Refer to Instructions for Page 50.50, lines 91 and 95.





Expected Claims Ratio

With respect to the Calculation of Required Margin on Net Unearned Premiums, the

claims ratio that the person who signs the declaration under the applicable legislation

expects the insurer to experience under policies issued by it, for a particular class of

insurance during the unexpired terms of such policies.





Experience Rating Refunds

A refund to the insured that is based upon a clause or agreement in an insurance

contract that allows the insured to share in the favourable underwriting results of the

contract. Also known as "retrospective rating" refund.





Financing Reinsurance

Where an agreement that is called a reinsurance agreement does not have as its primary

purpose the transfer of insurance risk, such an agreement will be regarded as a

financing or funding agreement and not as reinsurance and must be reported

accordingly.





IBNR (Incurred But Not Reported)

The additional claim reserves established to cover claims, including related adjustment

expenses, which have occurred but which have not been reported to the insurer before

the date of valuation, and for additional reserves set-up to allow for an anticipated

development in case reserves.









(2003) III-3 INSTRUCTIONS P&C-1

SECTION III DEFINITIONS







In Arrears (Receivables)

Generally, balances are in arrears when they have not been settled in accordance with

the terms of the contract or the arrangements made between the parties.



Premiums receivable from agents or policyholders are in arrears as follows:



i) Federal, Ontario and Quebec use 65 days as the cut-off, with November 1 used

for ease of reference and calculation and, when permitted, September 1 for

insurers with an October 31 year-end;



ii) Alberta uses 3 months, with October 1 used for ease of reference.





Insurer

May include insurance companies, reinsurance companies, (farm) mutual insurance

companies or societies, captive insurance companies, or reciprocals. In Quebec, certain

professional corporations are also considered insurers.





Investment Grade



Refer to Instructions for Page 30.71.





Investment Real Estate

Investment in land and/or buildings other than for use in the insurance operations of the

insurer.





Mid Terminal Reserves

An actuarially determined calculation of the policy reserves required to cover Accident

and Sickness insurance policy benefits as at the end of the statement year.









(2003) III-4 INSTRUCTIONS P&C-1

SECTION III DEFINITIONS







Net Retention



- Insurers

The maximum amount of net insurance coverage that the insurer retained in the

reporting period on any one risk or exposure in the particular class of insurance, either

by underwriting the risk for its own net account, or after the application of all

reinsurance recoveries applicable to the risk.



- Reinsurers

The maximum amount of coverage that the reinsurer accepted in the reporting period

on any one risk or exposure in the particular class of insurance, either on a given

assumed treaty or on a group of treaties covering the same risk or exposure for the same

ceding insurer, either by underwriting the risk for the reinsurer's net account, or after

exhaustion of all retrocession recoveries applicable to the risk.





Policy Limit



- Insurers

The maximum amount of insurance coverage that the insurer provided during the

reporting period on any one risk in the particular class of insurance.



- Reinsurers

Not applicable.





Policy Dividends

Amounts paid to participating policyholders as determined by the insurer, and as

prescribed by the insurance contract.





Premium Deficiency

A premium deficiency exists where the unearned premiums will not be sufficient to

discharge all the expected liabilities that will accrue to the policies, including all

expenses associated with the servicing of the policies.





Rating Refunds

Refer to the definition of Experience Rating Refunds









(1996) III-5 INSTRUCTIONS P&C-1

SECTION III DEFINITIONS







Registered and Unregistered Insurer



The terms "registered" and "unregistered", as defined below are relevant in determining

whether credit can be taken for reinsurance placed by federally regulated insurers and

provincially incorporated insurers, respectively.



- Federally Regulated Insurers only:



Registered Reinsurer

A reinsurer is generally considered to be a registered reinsurer where it is:

(a) a federally regulated domestic insurance company;

(b) a foreign company that has reinsured in Canada the risks of the ceding company;

(c) a provincially/territorially regulated insurer that does not meet the definition of

unregistered reinsurer (defined below);

(d) the Insurance Corporation of British Columbia;

(e) The Manitoba Public Insurance Corporation;

(f) Saskatchewan Government Insurance; and

(g) Export Development Canada.



In order to help companies determine whether they were reinsured in Canada,

subsection 578(5) of the Insurance Companies Act requires a foreign company, in

respect of risks it reinsures in Canada, to set out in all premium notices, applications

for policies and policies (which may include cover notes offer letters or quotations) a

statement that the document was issued or made in the course of its insurance business

in Canada. In cases where the cover note, offer letter or quotation can neither be

considered an application for a policy nor a policy, a company will only be

permitted to treat a reinsurance arrangement as registered reinsurance only if the

reinsurer includes, in the cover note, offer letter or quotation, a statement that the

reinsurer intends to issue the policy under negotiation in the course of its insurance

business in Canada, and that it will take measures to ensure that the cedant’s risks will

be reinsured in Canada in accordance with OSFI’s Advisory No. 2007-01-R1 entitled

Insurance in Canada of Risks.



With respect to reinsurance of out-of-Canada business only, reinsurers regulated in an

OECD country may be recognized as “registered” on the basis of financial soundness,

provided that the reinsurance agreements are recognized by the regulatory agencies of

the countries in question. The primary Regulator (in Canada) retains the authority to

disqualify such reinsurance if not satisfied with the financial condition of the reinsuring

company.









(2010) III-6 INSTRUCTIONS P&C-1

SECTION III DEFINITIONS







Registered and Unregistered Insurer (cont’d)



Unregistered Reinsurer

Any other reinsurer is generally considered to be an unregistered reinsurer where it is:

(a) incorporated or formed outside Canada and has reinsured outside Canada the risks

of the ceding company;

(b) either:

(i) incorporated federally; or

(ii) incorporated or formed outside Canada and has reinsured in Canada the risks

but is not authorized by order of the Superintendent to do so;

(c) a provincially/territorially regulated reinsurer that has not been approved by the

Superintendent.



- Provincially Incorporated Insurers:



Registered insurers in a particular jurisdiction are insurers that are licensed in that

jurisdiction. Certain Regulators will also accept (re)insurers not licensed in their

jurisdiction, but incorporated and licensed in another jurisdiction, as registered.

Verify for your jurisdiction.



Unregistered insurers are insurers not licensed by one or more provincial Regulators,

and not federally registered.



- Insurers in Quebec only:

To be deemed approved, the insurer must be approved in Quebec or another province,

or subject to federal regulation.



Registered reinsurer: A reinsurance agreement is deemed registered if it was assumed

by an insurer constituted under the laws of Québec, of another province, or the laws of

Canada and in this case licensed by one or more provincial regulator. A reinsurance

agreement is also deemed registered if it was assumed by the branch of a foreign

company authorized by the federal authority, licensed by one or more provincial

regulator, and the branch maintains assets which guarantee the fulfillment of its

obligations in relation to the agreement.









(2010) III-7 INSTRUCTIONS P&C-1

SECTION III DEFINITIONS







Regulator

The federal, provincial or territorial government agency responsible for the control and

regulation of the insurance industry under its jurisdiction. The "Primary Regulator" is

the Regulator in the jurisdiction under which the insurer: (a) obtained its order to carry

on business; or (b) was incorporated.





Retrospective Rating Credits

Refer to the definition of Experience Rating Refunds





Salvage and Subrogation Recoverable

Salvage is the residual value that belongs to the insurer as a result of paying an

insured's claim for the property covered by a policy issued by the insurer.



Subrogation is the assumption by an insurer of an insured's legal right to collect

damages.





Selected Claims Ratio

With respect to the Calculation of Required Margin on Net Unearned Premiums, the

claims ratio that the actuary selects as the ratio expected to be experienced under

policies issued by the insurer for a particular class of insurance during the unexpired

terms of such policies. The selected claims ratio must not be less than the expected

claims ratio or except with the approval of the Regulator, the claims ratio selected shall

not be less than the claims ratio experienced under the policies with respect to the most

recent year.





Structured Settlements

Refer to Section IV, "Special Topics"





Subsidiary

A subsidiary is any enterprise of which the insurer owns directly, or indirectly through

other subsidiaries, more than 50% of the voting rights and for which it has the right to

elect a majority of the members of the board of directors.









(1996) III-8 INSTRUCTIONS P&C-1

SECTION III DEFINITIONS







Substantial Investment

For federally registered insurers, Section 10 of the Insurance Companies Act (ICA)

defines a substantial investment as meaning:



• "the voting rights attached to the aggregate of any voting shares [owned] exceed 10

per cent of the voting rights attached to all of the outstanding voting shares";



or



• "the aggregate of any shares" which are owned "represents ownership of greater

than 25 per cent of the shareholders' equity".



Subsection 495(4) of the ICA provides that a property and casualty insurance company

wanting to acquire or increase a substantial investment in a financial institution must

control the financial institution (that is, must have more than 50% of the votes to elect

directors), except as permitted under subsection 495(5).





Unearned Commissions

The estimated amount of commission revenue on ceded premiums relating to the

coverage period beyond the current year end. Unearned Commissions arising from

ceded business must not be reduced by Deferred Commissions arising from direct and

assumed business, and must be estimated by class of insurance.





Unrecognized (Assets and Liabilities)

Assets and Liabilities that are not “recognized” as financial instruments under GAAP,

and are “off-balance sheet”.





Unregistered Insurer (Company)

Refer to the definition of Registered Insurer





Unregistered Reinsurer

Refer to the definition under Registered and Unregistered Insurers









(2010) III-9 INSTRUCTIONS P&C-1



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