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insurance

(r) “Inland marine insurance" shall mean marine Inland marine insurance in respect of subjects of insurance at risk in Canada above the harbour of Montreal; (s) "Inland transportation insurance" shall mean Inland insurance against loss or damage to goods, wares, insurance merchandise or property of any kind, including matter transmitted by mail, in transit, otherwise than by water, from place to place in Canada;

transportation

(t) "Insurance" shall include the following, whether Insurance
the contract be one of primary insurance, or of
reinsurance, and whether the premium payable
be a sum certain, or consist of sums uncertain or
variable in time, number or amount;

(i) Insurance against death, sickness, infirmity,
casualty, accident, disability or any change of
physical or mental condition, whether payable
in money, services or otherwise;

(ii) Insurance against financial loss; or against
loss of work, employment, practice, custom,
wages, rents, profits, income or revenue;
(iii) Insurance of property against any loss or
injury from any cause whatsoever, whether
the obligation of the insurer is to indemnify
by a money payment or by restoring or
reinstating the property insured;

(iv) Contracts of endowment, assessment endow-
ment, tontine, semi-tontine, lifetime benefits,
annuities on lives, or contracts of investment
involving tontine or survivorship principles
for the benefit of persisting members; and
any contract of investment involving life.
contingencies;

(v) Any contract made in consideration of a
premium and based on the expectancy or
expectation, or probability of life; and any
contract made on such consideration and
having for its subject the life, safety, health,
fidelity or insurable interest of any person,
whether the benefit under the contract is
primarily payable to the assured or to a
donee, grantee or assignee, or to trustees,
guardians or representatives, or to or in trust
for any beneficiary, or to the assured by way
of indemnity or insurance against any lia-
bility incurred by him by or through the
death or injury of any person;

(vi) Any investment contract under which lapses
or payments made by discontinuing members
or investors accrue to the benefit of per-

Insurance on cash plan

Insurance corporation

Investment insurance

Legislature

Mutual insurance

Offer to undertake

Officer

Person

Plate glass insurance

sisting members or investors, except where a corporation other than an insurance corporation is expressly authorized to undertake such contract by a statute in force in Alberta; (vii) Generally any contract in the nature of any of the foregoing whereby the benefit under the contract accrues payable on or after the occurrence of some contingent event;

(u) "Insurance on the cash plan" shall mean insurance given for a money consideration without premium note;

(v) "Insurance corporation" shall include any com-
pany and any friendly society as defined by this
Act;

(w) "Investment insurance" shall mean
mean insurance
against loss of either principal or interest, or both,
of moneys lent, invested, or secured on mortgages
or debentures, and loss of deposits and loans of
every kind to any person at home or abroad, and
includes insurance against loss of rentals by any
cause except fire;

(x) "Legislature" shall mean the Legislature of Alberta
as established by section 12 of The Alberta Act
of the Parliament of Canada;

(y) "Mutual insurance" shall mean insurance given in consideration of a premium note or undertaking with or without any immediate cash payment thereof; and the expression "mutual company" means a company empowered solely to transact mutual insurance;

(z) "Offer to undertake" shall include the setting up
of a sign or inscription containing the name of
the insurance corporation, and the distribution or
publication of any proposal, circular, card, advert-
isement, printed form, or like document, in the
name of the insurance corporation, or any written
or oral solicitation on its behalf;

(aa) "Officer" shall include any trustee, director,
manager, treasurer, secretary or member of the
board or committee of management of a cor-
poration or any person appointed by the cor-
poration, to sue and be sued in its behalf;
(bb) "Person" shall include any company or cor-
poration, any society or association, incorporated
or unincorporated, and any firm or partnership;
(cc) "Plate glass insurance" shall mean insurance
against the breaking of plate or other glass, either
local or in transit;

(dd) "Policy" shall include any contract of insurance Policy
within the meaning of this Act;

(ee) "Premium note" shall mean an instrument given Premium note
as consideration for insurance whereby the maker
undertakes to pay such sum or sums as may be
legally demanded by the insurer, the aggregate
of such sums not to exceed an amount specified
in the instrument;

company

(ff) "Province" shall mean the Province of Alberta; Province
(gg) "Provincial company" shall mean any company Provincial
incorporated by or under the authority of the
Legislature;
(hh) "Provincial insurance corporation" shall mean Provincial
any insurance corporation incorporated by or corporation
under the authority of the Legislature;

insurance

(ii) "Registered" shall mean entered in the register Registered of the Superintendent;

insurance

insurance

(jj) "Sickness insurance" shall mean insurance against Sickness
loss through illness not ending in death, or dis-
ability not arising from accident or old age;
(kk) "Steam boiler insurance" shall mean insurance Steam boiler
against loss or damage to life, person, or property,
caused by the explosion of steam boilers, or engines
or pipes connected therewith or operated thereby;
(l) "Superintendent" and "Superintendent of Insur- Superintendent
ance" shall mean any superintendent of insurance of Insurance
appointed under this Act, and shall include his

deputy;

Superintendent

(mm) "Title insurance" shall include insurance where- Title insurance
by the insurer insures the validity of title to
property, real or personal, or insures the legality
and validity of written obligations or of other
instruments;

(nn) "Treasurer" shall mean the Treasurer of the Treasurer
Province of Alberta, or any member of the Exe-
cutive Council to whom from time to time may be
transferred, either for a limited period or otherwise,
the powers and duties which are by this Act
assigned to the Treasurer;

(00) "Undertake" shall include undertake, or negotiate, Undertake
or solicit, or agree, or offer to undertake;

(pp) "Written" as applied to any instrument, shall Written
include written or printed, or partly written and
partly printed.
[1915, c. 8, s. 2.]

insurance

3.-(1) Every insurance corporation which undertakes Annual tax on insurance within the Province other than the renewal companies

from time to time of life insurance policies shall pay to the Superintendent, for the use of the Province, an annual tax as follows:

(a) Every company undertaking

(i) life insurance.

$300.00

(ii) fire insurance (other than mutual fire
insurance) either alone or combined.
with one or more of the following, that it
to say: use and occupancy, rent,
profit, storm, cyclone, tornado, inland
marine, inland transportation, sprink-
ler leakage and explosion insurance.. 300.00
(iii) hail insurance..
200.00

(iv) accident (including vehicle and public

liability) either alone or combined with
one or more of the following, that is
to say: sickness or health, guarantee
or suretyship, burglary, liability and
automobile insurance.

(v) one or more of the following: auto-
mobile, plate glass, guarantee, burglary,
steam-boiler, storm, cyclone, tornado,
inland marine, inland transportation,
sprinkler leakage, explosion and live
stock insurance, or any other class of

200.00

[blocks in formation]

100.00

(b) Every underwriter's agency undertaking
one or more classes of insurance..
(c) Every friendly society, having less than
one hundred members in the Province,
undertaking any one or more of the classes
of insurance named in the following sub-
section.

(d) Every friendly society, having one hundred
members or more in the Province, under-
taking-

(i) sickness and funeral benefit insurance,
and having its head office-

1. Within Canada..

2. Without Canada.

(ii) life insurance, including sickness and
funeral benefit insurance, and hav-
ing its head office-

25.00

25.00

50.00

1. Within Canada.

2. Without Canada.

$ 50.00
100.00

separate

insurance

(2) Save as in this section provided, every insurance Taxes on corporation shall pay a separate tax in respect of each class classes of of insurance undertaken by it, and no insurance corporation other than a Dominion insurance corporation, undertaking life insurance, shall undertake any class of insurance except as in this section provided.

payable by

undertaking

(3) The tax payable by any insurance corporation, not Fixing tax undertaking insurance within the Province before the company not first day of July in any year shall, except as to the under- insurance taking of hail insurance, be such proportion of the annual date tax as the Lieutenant Governor in Council shall by order determine.

[1915, c. 8, s. 3; 1916, c. 3, s. 13(1); 1918, c. 33, s. 1(1); 1921, c. 37, s. 1.]

before fixed

penal sum to

4. All taxes imposed upon any insurance corporation Addition of by this Act shall become due and payable immediately unpaid taxes on the undertaking of insurance by it within the Province, and on the first day of January in each and every year thereafter, and if any such taxes are not paid within sixty days from the time when the same became due and payable there shall be added thereto by way of a penalty a sum equal to fifty per centum of such taxes remaining unpaid and such sum shall form a part of the said taxes and be recoverable therewith. [1915, c. 8, s. 4.]

issue of

5. The Superintendent shall keep a register in which Register and he shall enter the name of every insurance corporation certificates which has paid all taxes due by it, and shall, subject to the provisions of section 18 hereof, issue to any such insurance corporation a receipt or certificate of payment thereof in such form as he shall determine. [1915, c. 8, s. 5.]

certificate

6.—(1) A certificate of payment of taxes shall confer on Effect of the insurance corporation named therein the same corporate rights (except as otherwise provided by this or any other Act) as if it had been incorporated by an Act of the Legislature.

(2) No receipt, certificate of payment of taxes, nor the publication of the annual or other report or statement in any Government publication, shall be construed to be a guarantee, warranty or commendation of the financial standing or actuarial solvency of any insurance corporation, nor shall any person orally or in writing so represent. [1915, c. 8, s. 6.]

7.-(1) No company, other than a Dominion company, Minimum shall undertake insurance in this Province

amounts of subscribed and paid-up

(a) if it be a company undertaking fire, or fire and inland capital marine, or fire and accident, or life, or guarantee undertaking

necessary to

insurance

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