2014-11-04

Notice on Filing Annual Returns and Documents for P&C Insurers in Quebec – Fiscal Year Ended October 31, 2014

The Autorité des marchés financiers requires Quebec-licensed property and casualty insurers to electronically file updated annual returns and supporting documents via the File Transfer Service for the fiscal year ending October 31, 2014. The updated filing framework mandates a dual-director sworn affidavit, revised compliance attestations, and strict file naming conventions alongside specific submission deadlines. Failure to submit the required materials within the prescribed periods subjects insurers to administrative monetary sanctions under section 405.1 of the Act respecting insurance.

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Notice of the Authority relating to filing of annual returns and other documents for the fiscal year ended October 31, 2014 – 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 ended October 31, 2014. 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. The Attestation of Compliance of Versions has also been revised after this modification. 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.

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.

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. 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. An updated version of 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. November 6, 2014

APPENDIX Unstructured Return Code File Format Due date

  1. P&C Annual Return. Hyperlink to instructions and updated form: http://www.lautorite.qc.ca/en/financial-returns-pro.html
  2. P&C Annual Return, duly signed. The pdf file must be complete, in printable format, and conform with the "paper" version kept on file at the insurer's premises. It must include, among others, the following documents:
  • Annual corporate information (pages 10.10 to 10.17)
  • Corporate organization chart (page 10.30)
  • Statement of cash flows (page 20.52)
  • Notes to the financial statements (page 20.60)
  • Duly signed independent auditor’s report to primary regulator covering pages 20.10 through 20.60 (page 20.70)
  • Duly signed independent auditor's report on MCT
  • Duly signed Actuary's Certificate of Opinion (page 20.80)
  • Duly signed Certification by President/Chief Executive Officer (page 99.10)
  • Duly signed Affidavit verifying Annual Return (page 99.20)
  1. Attestation of Compliance of Versions (P&C), duly signed. http://www.lautorite.qc.ca/en/financial-returns-pro.html
  2. Classes of insurance, duly signed (Regulation under the Act respecting insurance) (New) 120 pdf December 31, 2014 (New)
  3. Copy of major letters of credit and confirmations from trustees of deposits held for the account of the insurer reported on page 70.38 of the annual return. These confirmations must include the following or similar wording: “We confirm that we are holding deposits on behalf of (name of insurer) in the amount of $____ for the account of (name of reinsurer) as at October 31, 2014.” (if applicable). 180 pdf December 31, 2014
  4. Business Plan for the year 2015. The Business Plan should include a forecast of the Balance Sheet, the Income Statement and the Minimum Capital Test (MCT). 190 pdf December 31, 2014
  5. Audited consolidated financial statements presented to shareholders or members with the independent auditor’s report, duly signed ("Official" version). 200 Searchable pdf file December 31, 2014
  6. Annual report prepared for shareholders or members (if applicable), as soon as possible. 200 pdf
  7. Financial statements of the insurer, and subsidiaries, affiliates and other consolidated entities in which the insurer has an ownership interest (if applicable). 300 pdf December 31, 2014
  8. Appointed actuary’s report on policy liabilities, including certificate, duly signed. 400 Searchable pdf file December 31, 2014
  9. Data from the Unpaid Claims and Loss Ratio Exhibits. http://www.lautorite.qc.ca/en/policy-liabilities-report-pro.html
  10. Peer review - Appointed actuary's report. 440 pdf Note 1
  11. Dynamic Capital Adequacy Testing - DCAT, duly signed. ( 30 days after transmission to the Board of Directors/Audit Committee or see due date) 500 Searchable pdf file October 31, 2015
  12. Excel File related to certain DCAT data. (The Excel file that must be used will be available on the AMF website). http://www.lautorite.qc.ca/en/report-financial-condition-pro.html
  13. Peer review - DCAT. 520 pdf Note 1
  14. Earthquake Exhibits (Excel) or a pdf signed letter confirming no exposure in respect of earthquake. http://www.lautorite.qc.ca/en/earthquake-pro.html 510 Excel October 31, 2015 December 31, 2014 DOCUMENTS TO BE FILED BY P&C INSURERS LICENSED IN QUEBEC FOR FISCAL YEAR ENDED OCTOBER 31, 2014 740 Excel or pdf April 15, 2015 Note 1 : 30 days after transmission to the Audit Committee or the Chief Representative in Canada. FEDERAL
  • pdf December 31, 2014 110 pdf December 31, 2014
  • ASCII (.nu1/.tx1) December 31, 2014

Excel ASCII (.num)