McD.Intro Flashcards

1
Q

Identify 4 federal areas of exclusive authority.

A
  1. Regulation of trade & commerce
  2. Taxation
  3. Banking
  4. Bankruptcy & insolvency
  5. Aliens & naturalization
  6. Criminal Law
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2
Q

Identify the 4 provincial areas of exclusive authority.

A
  1. Provincial taxes
  2. Civil property rights
  3. Hiring & supervising provincial employees
  4. Operating jails & hospitals
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3
Q

Briefly explain the term ‘intra-vires’

A

Within the powers of a particular government

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4
Q

Briefly explain the term ‘ultra-vires’.

A

Beyond the powers of a particular government.

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5
Q

Identify the 2 areas/matters under provincial insurance regulation.

A
  1. Contract matters

2. Transaction matters

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6
Q

Identify 4 examples of contract matters under provincial insurance regulation.

A
  1. Policy contents
  2. Policy terms (includes effective date)
  3. Premium payment
  4. Insurable interest
  5. Reinstatement
  6. Designation of beneficiaries
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7
Q

Identify the 3 transaction matters under provincial insurance regulation. (Hint: AUC)

A
  1. Agent licensing
  2. Unfair practices
  3. Claims handling
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8
Q

True or False?

It would be feasible to replace provincial regulation of auto with federal regulation.

A

False:

  • This would be ultra-vires for the federal government
  • Insurance Reference Case says regulation of commerce doesn’t cover licensing a particular trade
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9
Q

What was the ‘Citizen’s v Parsons’ case about?

A

Province ability to pass legislation that applies to a federally regulated insurer

Insurer disputes ON’s Fire Insurance Act

The Act is required certain statutory conditions for fire policies in ON

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10
Q

What were the issues in the ‘Citizen’s v Parsons’ case?

A

Is ON Fire Act ultra-vires?
(relates to regulation of trade, which is federal)

Insurer claims province can’t legislate to deprive federally incorporated insurer of status & capacity

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11
Q

What was the JCPC ruling of the ‘Citizen’s v Parsons’ case?

A

The Ontario Fire Insurance Policy Act was deemed to be intra‐vires
All insurers are treated equally
Trade is inter‐provincial, not intra‐provincial

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12
Q

Briefly describe the Insurance Reference Case (AG Can v AG AB).

A

Ability of insurers to operate in more than 1 province

The Federal Insurance Act required a Federal license of all insurers except if incorporated by Province and operating solely in Province.

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13
Q

What was the issue in the Insurance Reference Case (AG Can v AG AB)?

A

Is this version of the Federal Insurance Act intra-vires?

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14
Q

What was the JCPC ruling in the Insurance Reference Case (AG Can v AG AB)?

A

Licensing provisions are ultra-vires.

Regulation of trade/commerce did not extend to a licensing system of a particular trade.

Trespasses on provincial authority in civil rights.

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15
Q

In the Insurance Reference Case, what was the conclusion regarding an insurer’s right to operate in other provinces?

A

Provincial insurer has the capacity, but not the right to operate in another province if he has the permission to do so by the other province.

Federal insurer has both the capacity and right to operate in any province.

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16
Q

In the Insurance Reference Case, what was the conclusion regarding a foreign insurer’s right to operate in Canada?

A

Federal government can require a federal license for a foreign insurer even if the foreign insurer is operating in only 1 province.

17
Q

What is the year of the creation of the Supreme Court of Canada?

A

1949

18
Q

Briefly describe the ‘CIC v AG(BC)’ case

A

Elimination of private auto insurance in BC

  • > BC legislature establishes compulsory public auto insurance plan
  • > Legislature refuses license renewal of private insurers
  • > Insurers sue
19
Q

What was the issue in the CIC v AG(BC) case?

A

Insurers claimed BC legislation is ultra-vires because:

  • It relates to regulation of trade, which is federal
  • Province can’t legislate to deprive federally incorporated insurer of status & capacity
20
Q

What was the Supreme Court ruling in the CIC v AG(BC) case?

A

BC legislature acted within its powers (legislation is INTRA VIRES)

21
Q

Identify 5 areas under federal insurance regulation. (Hint: CIRC-P)

A
  1. Conditions for entering business
  2. Investments
  3. Reporting
  4. Calculation of assets & reserves
  5. Protection of policyholders
22
Q

Identify 3 considerations OSFI look at in an insurer’s application for corporation?

(i.e. what does the Minister of Finance consider when deciding whether to issue a letters patent)

A
  • financial resources (must be sufficient)
  • business plan (detailed & realistic)
  • business record of applicants (check for past bankruptcies)
  • Character, Competence, Experience of management
  • Positive effect on Canadian financial system (jobs, GDP growth)
  • if owned by a foreign parent, OSFI must be satisfied that subsidiary will be treated fairly
23
Q

Identify 3 reasons for insurance regulation in Canada.

A
  1. Prevent insolvencies
  2. Prevent undesirable business practices
  3. Consider economic impact on Canada
24
Q

Briefly describe the AG(ON) v reciprocal insurers case.

A

Parliament amended Federal Insurance Act: criminalized accepting risks without federal license.

25
Q

What was the issue in the AG(ON) v Reciprocal Insurers case?

A

Were Parliament’s 1917 amendements to the criminal code valid?

26
Q

What was the JCPC ruling in the AG(ON) v Reciprocal Insurers case?

A

Amendments are not valid: Fed does not have power to regulate insurance contracts.