2015-10-26
The Autorité des marchés financiers requires Quebec-licensed property and casualty insurers to electronically file updated annual returns, financial statements, and actuarial reports via the File Transfer Service by prescribed deadlines. The notice updates filing procedures to mandate a dual-director sworn affidavit for the annual return, specifies electronic naming conventions, and requires insurers to retain signed paper copies at their premises for potential examination. Failure to submit complete documents on time may result in administrative monetary sanctions under section 405.1 of the Act respecting insurance.
Notice of the Authority relating to filing of annual returns and other documents for the fiscal year ending October 31, 2015 – Damage (“P&C”) insurers licensed in Quebec Under An Act respecting insurance, CQLR, c. A-32, (the “Act”), every insurer is required to file with the Autorité des marchés financiers (the “AMF” or the "Authority"), in such form as the AMF may determine and within the prescribed time period, the documents and information required under the Act or requested by the AMF pursuant to specific provisions of the Act (the “required or requested documents and information”). All required or requested documents and information must be filed electronically via the AMF website using the File Transfer Service (“FTS”)1 . See the Appendix attached to this Notice concerning specific AMF requirements for the filing of documents for the fiscal year ending October 31, 2015. Please note that following the update of the P&C Annual Return form, the Affidavit verifying annual return has changed. This certificate must be certified under oath by two directors. A complete set of « paper » copies of the signed documents must be kept at the insurer’s premises so that they are available for examination by the AMF, if necessary. Administrative monetary sanctions We remind you that each insurer is responsible for ensuring that the AMF receives, within the prescribed time periods, all required or requested documents and information in all forms as required. Under section 405.1 of the Act, the AMF may impose an administrative sanction where any of the documents referred to in the Appendix are filed late or are not filed. The Notice of the Autorité des marchés financiers related to administrative monetary sanctions imposed for late filing of information or documents (sections 405.1 and following of the Act) 2 (the “sanctions framework”) is posted on the AMF website at: http://www.lautorite.qc.ca/en/right-practice-pro.html. Electronic submission of financial returns and other documents The File Transfer Service (FTS) User Guide explains the procedure for submitting data via the AMF website. To consult this guide, access the FTS and click on Help. The Guide – Specific File Transfer Service (FTS) Requirements (the “guide of specific requirements”) contains instructions from the Direction principale de la surveillance des assureurs et du contrôle du droit d’exercice (Direction, Supervision of insurers and Control of Right to Practise), such as the appropriate file naming convention.
1 Decision no. 2012-PDG-0106 (in French only) dated June 5, 2012 and published in the AMF Bulletin of June 7, 2012, vol. 9, no. 23, section 5.6. 2 Update published in the AMF Bulletin (in French only) dated June 7, 2012, vol. 9, no. 23, section 5.1.
Please note that the guide of specific requirements does not list the required or requested documents and information and the dates by which they are to be filed. The guide of specific requirements is available on the AMF website at: http://www.lautorite.qc.ca/en/financial-returns-pro.html Further information Further information is available by sending an e-mail to info-divulgations@lautorite.qc.ca. October 29, 2015
APPENDIX Unstructured Return Code File Format Due date
December 31, 2015 Excel October 31, 2016 Note 1 : 30 days after transmission to the Audit Committee or the Chief Representative in Canada. FEDERAL
740 Excel