Part IMiscellaneous NoticeVolume 158, Number 15Published: April 13, 2024

Scotia General seeks CBCA continuance

Canada Gazette, Part I, Volume 158, Number 15: MISCELLANEOUS NOTICES

Scotia General Insurance Company says it will apply to the Minister of Finance, on or after 2024-04-15, for approval to seek a certificate of continuance to become a corporation under the Canada Business Corporations Act (CBCA). If approved, the company would move from the Insurance Companies Act framework to the CBCA corporate regime; the board may withdraw the application before it is acted on and publication is not proof of approval.

Published
April 13, 2024
Department
Unavailable
Section
SCOTIA GENERAL INSURANCE COMPANY
Comment deadline
Unavailable
Effective date
April 15, 2024
Publication part
Part I

Summary

Summary#

  • Scotia General Insurance Company says it will ask the Minister of Finance for permission, starting on or after April 15, 2024, to change its legal status so it can continue as a corporation under the Canada Business Corporations Act.
  • The notice is a formal step required under the Insurance Companies Act, but it does not mean the change has been approved.

What it does#

  • Gives public notice that Scotia General Insurance Company intends to apply for a certificate of continuance under the Canada Business Corporations Act (this would move the company from being regulated as an insurance company under the Insurance Companies Act to being a CBCA corporation).
  • Explains the company’s board can withdraw the application before it is acted on, without further approval from the company’s sole shareholder.
  • Notes that publication of the notice is not proof of approval; any approval depends on the normal government review and the discretion of the Minister of Finance.

Who's affected#

  • The main party is Scotia General Insurance Company itself and its sole shareholder.
  • Customers, policyholders, employees, creditors, and business partners of the company may be affected if the legal change leads to different rules for governance, reporting or claims handling.
  • Regulators and the Minister of Finance are involved in reviewing and approving the move.

Why it matters#

  • Changing from the Insurance Companies Act framework to the Canada Business Corporations Act would put the company under a different corporate law regime. That can affect governance, shareholder rights, reporting requirements, and how problems are handled if the company gets into financial trouble.
  • The notice does not say what operational or service changes (if any) customers should expect. It only signals an intention to start a legal process that could lead to those kinds of changes.

Key topics

Insurance Companies ActCanada Business Corporations ActCBCAcertificate of continuanceScotia General Insurance CompanyMinister of Finance (Canada)insurance regulationcorporate governancecorporate continuancesole shareholderboard of directorspolicyholders

Source: Canada Gazette

Official source