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[1st March, 1913.]
IS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:
"Automobile insurance" means insurance against accidental bodily injury or death to its driver, including insurance against loss or damage from accident to or injury suffered by an employee or other person caused by an automobile for which the owner is liable; and insurance against loss or damage to property from an accident caused by an automobile, except by fire; and insurance against loss or damage to an automobile by accident, burglary, or theft: "Canadian company" shall mean a company or body incor- "Canadian porated by or under the authority of an Act of the Parlia- company." ment of the Dominion of Canada:
Company" means and includes any corporation or any society "Company." or association incorporated or unincorporated, or any partnership, or underwriter or group of underwriters that undertakes or effects for valuable consideration, or agrees or offers so to undertake or effect, in the Province, any contract of insurance within the meaning of this Act: "Contract of insurance" means and includes any policy, "Contract of certificate, interim receipt, or renewal receipt, or writing evidencing the contract, or any agreement, sealed, written,
or oral, the subject-matter of which is indemnity, guarantee, suretyship, insurance, endowment, tontine, or annuity on life, or any like contract the benefit under which accrues payable on or after the occurrence of some contingent event, except a contract the subject-matter of which relates only to fire insurance, or to marine insurance:
"Court" means the Supreme Court or any Judge thereof, or the Court of Appeal, as the case may be:
"Dominion licence" means any licence granted under and pursuant to the provisions of the "Insurance Act, 1910," of Canada:
"Extra-provincial company" means any company other than a company incorporated under the laws of this Province or the former Colonies of British Columbia and Vancouver Island:
"Guarantee insurance" shall include insurance against the
"Minister" means the Minister of Finance and Agriculture:
of a sign or inscription containing the name of the com-
"Provincial company" means a company incorporated by or under any Act of the Legislature:
Superintendent" means the Superintendent of Insurance appointed under the provisions of the "British Columbia Fire Insurance Act," or his deputy.
3. This Act shall not apply-
(a.) To any company which carries on the business of fire insurance only, except to the extent hereinafter expressly provided; or
(b.) To any benevolent, provident, industrial, or co-operative society chartered or licensed under the Statutes of Canada or any Province thereof, provided that such society is not conducted as a mercantile or trading venture or for the purpose of commercial gain, or provided that the insurance or assurance funds of such society are not held other than
as trust funds for the members, or provided that the society is not the property of the officers thereof, or provided that the society does not belong to any private proprietary; or (c.) To any company which carries on the business of marine insurance, or marine and fire insurance, only.
4. No company shall undertake or solicit, or agree or offer to Licences. undertake, any contract of insurance, whether the contract of insurance be original or renewed, or accept or agree or negotiate for any premium or other consideration for such contract, or prosecute or maintain any action or proceeding in respect of such contract, except such actions or proceedings as arise in winding up the affairs of the company, without in each such case first obtaining from the Superintendent and holding an unexpired licence under this Act: Provided that the Superintendent, with the approval of the Minister, may issue, and from time to time renew, a temporary licence to any company heretofore licensed under the "Companies Act" or heretofore incorporated by Act of the Legislature, which shall empower such company to continue its business without being subject to any penalty under this Act, for such time or times as the Superintendent shall deem necessary to enable the company to apply for and obtain a regular licence under this Act.
5. The licence shall be in such form as may be from time to time Form of licences. determined by the Superintendent, and it shall specify the business
to be carried on by the company.
6. So soon as a company applying for a licence has deposited with Issue of licences. the Superintendent the security hereinafter mentioned, and has
otherwise conformed to the requirements of this Act, the Super
intendent may issue the licence.
7. Any company holding a Dominion licence shall, upon due Dominion licences. application, and upon proof of such Dominion licence subsisting,
and upon otherwise conforming to the provisions of this Act applicable to such companies, be entitled to a licence under this Act.
8. Every company which takes out and holds a licence under this Rights of licensed Act shall have the same powers and rights of carrying on in this Province the business covered by the licence as if such company had been incorporated by an Act of the Legislature of this Province.
9. A company other than a provincial company or a Canadian Temporary licences. company or a company holding a Dominion licence shall not be licensed unless it first shows to the satisfaction of the Superintendent that it has carried on business successfully for a period of at least
Licences expire annually.
Classes of business may be limited.
Publication of licences.
Documents to be filed.
Certified copy of charter.
Statutory declaration of existence.
Notice of head office.
five years: Provided, however, that where a company has heretofore been licensed under the “Companies Act" it may, with the approval of the Minister, be granted from time to time such temporary or otherwise conditional or restricted licence as its circumstances warrant.
10. All licences issued under this Act, except the temporary, conditional, or restricted licences mentioned in sections 9 and 4, shall expire on the thirtieth day of June in each year, but shall be renewable from year to year.
11. A licence shall not be granted to any company, other than a company holding a Dominion licence, to carry on the business of life insurance in combination with any other branch of insurance:
Provided that where a company liable to make a deposit under this Act has been heretofore licensed under the "Companies Act" to carry on the business of life insurance in combination with any other branch or branches of insurance, a licence may be granted to such company to carry on the same branches of business in combination, upon such terms as to additional deposit as the Lieutenant-Governor in Council may direct.
12. The Lieutenant-Governor in Council may from time to time limit the classes or branches of insurance business, other than life insurance, which may be carried on by one company.
13. Upon a new company being licensed under this Act and upon the licence of a company being withdrawn, the Superintendent shall publish a notice thereof in the Gazette for the space of four weeks, the fees payable upon the publication of such notices to be paid by such company; and the Superintendent shall cause to be published yearly in the Gazette a list of companies licensed under this Act, with the amount of the deposit (if any) made by each company.
14. Before the issue of a licence to a company other than a provincial company, such company shall file in the office of the Superintendent the documents provided for in the next following subsections, that is to say:
(a.) A certified copy of the Act of incorporation or other instrument of association of the company, which shall include its charter and regulations, verified in manner satisfactory to the Superintendent; and if any such instrument is not written in the English language, a notarially certified translation thereof:
(b.) An affidavit or statutory declaration that the company is still in existence and legally authorized to transact business under its charter:
(c.) Notice of the place where the head office without the Province is situate:
(d.) Notice of the place where the head office of the company Notice of in the Province is to be situate: (e.) The amount of the capital of the company and the number Capital and shares. of shares into which it is divided; the number of shares subscribed and the amount paid up thereon:
to chief agent.
Execution of powers of attorney by general agent
(f.) A duly executed power of attorney under seal, empower- Power of attorney ing some person therein named and residing in the city or place where the head office of the company in the Province is situate, verified in manner satisfactory to the Superintendent, to act as its attorney and to sue and be sued, plead or be impleaded, in any Court, and generally on behalf of such company, and within the Province, to accept service of process and to receive all lawful notices, and to do all acts and to execute all deeds and other instruments relating to the matters within the scope of the power of attorney and of the company to give to its attorney: Provided that whenever the company has by power of attorney under seal appointed a general agent for territory which includes the Province of British Columbia, and has thereby authorized such general agent to appoint other agents in such territory, then, after filing with the Superintendent a copy of said power duly certified by a Notary Public to be a true copy thereof, other powers of attorney executed by the said general agent, under his seal, in the presence of a witness, verified in manner satisfactory to the Superintendent, shall be deemed sufficiently executed by the company for all the purposes of this Act: (g.) In the case of companies not licensed under the "Insurance Statement of Act, 1910," of Canada, a statement in such form as may be required by the Superintendent of the condition and affairs of the company on the thirty-first day of December then next preceding, or up to the usual balancing day of the company, or as the said Superintendent shall require.
15. Such power of attorney shall declare at what place in the Province the chief agency, head office, or office of the attorney of the company is or is to be established, and shall expressly authorize the attorneys to receive service of process in all actions, suits, and proceedings against the company in the Province in respect of any liabilities incurred by the company therein; and shall declare that service of process for or in respect of such liabilities thereat, or on the attorney, or any adult person in the employ of the company at the said office, shall be legal and binding on the company to all intents and purposes whatsoever.
affairs of company.
visions in powers
16. Whenever a company licensed under this Act changes its New power of attorney, head office, or chief agency in the Province, the company change made.