2012-10-22
The Autorité des marchés financiers requires Québec-licensed insurers to electronically submit annual returns and supporting documents via the File Transfer Service by prescribed deadlines for the fiscal year ending October 31, 2012. Insurers must maintain complete paper copies on their premises and adhere to specific file formats and naming conventions outlined in the accompanying guide. Failure to submit these documents on time or at all subjects insurers to administrative monetary sanctions under section 405.1 of the Act respecting insurance.
Notice of the Autorité des marchés financiers relating to filing of annual returns and other documents for the fiscal year ending October 31, 2012 – Insurers of persons licensed in Québec Under An Act respecting insurance, R.S.Q., 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 Appendix 1 attached to this Notice concerning specific AMF requirements. 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 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 An Act respecting insurance)2 (the “sanctions framework”) is posted on the AMF website at: http://www.lautorite.qc.ca/en/right-practice-pers-pro.html. 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.
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 outlines the specific requirements of the Direction principale de la surveillance des assureurs (AMF Main Supervision of Insurers Section), including file names to be used. Please note that a revised version of the Guide will be available in November 2012. The latest version of the Guide is available at http://www.lautorite.qc.ca/en/financial-reaturns-pers-pro.html. Further information Further information is available by sending an e-mail to info-divulgations@lautorite.qc.ca. October 25, 2012
APPENDIX 1 Unstructured Return Code File Format Due date
DOCUMENTS TO BE FILED BY INSURERS OF PERSONS LICENSED IN QUÉBEC FOR FISCAL YEAR ENDING OCTOBER 31, 2012 Name of document