2012-06-15
The Autorité des marchés financiers mandates electronic filing via its File Transfer Service for all interim returns and supporting documents submitted by Québec-licensed damage insurers for the half year ending June 30, 2012. Insurers must now submit documents electronically in ASCII, Excel, or pdf formats and retain signed paper copies on premises, while also completing a new mandatory Attestation of Compliance of Versions to verify data consistency. The regulator has revised its administrative monetary sanctions framework to enforce timely electronic submissions and will no longer issue personal reminders prior to statutory due dates.
Notice relating to filing of interim returns and other documents for the half year ending June 30, 2012 – Damage (“P&C”) insurers 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, the documents and information it requires. To promote environmentally friendly practices and reduce insurers’ administrative burden, the AMF will no longer require paper copies of documents to be filed under the Act, with some exceptions. Interim returns as well as all other required documents and information must be submitted via the AMF website using the File Transfer Service (“FTS”). AMF Notice – Administrative monetary sanctions Electronic filing is now mandatory1 for all documents and information required under the Act, in particular documents and information stipulated in the “Notice of the Autorité des marchés financiers relating 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”). The sanctions framework was revised in June 2012, to add: • documents to the lists in the Appendices, in particular, the Attestation of Compliance of Versions for half-year filings; • format requirements (ASCII, Excel and pdf); • that failure to submit the required documents and information via FTS constitutes a default and could be subject to sanctions. The sanctions framework is available on the AMF website at http://www.lautorite.qc.ca/en/right-practice-pro.html. Please note that the AMF will no longer issue personal reminders prior to the filing due dates of these documents and information. Each insurer is responsible for submitting these statutory filings by the dates stipulated in the Act or determined by the AMF. The AMF will apply the sanctions framework to insurers who fail to comply with these obligations. Documents to file Appendices 1and 2 of this Notice set out the AMF’s specific requirements for each insurer and filing due dates.
1 See Decision 2012-PDG-0106 dated June 5, 2012, published in the AMF Bulletin of June 7, 2012, (2012) Vol. 9, no. 23, section 5.6 (in French only). 2 The revised sanctions framework was published in the AMF Bulletin of June 7, 2012, (2012) Vol. 9, no. 23, section 5.1 (in French only).
APPENDIX 1 Description of form Form Suffix Due before Interim Return P&C-1◊ Hyperlink to instructions and updated forms: http://www.lautorite.qc.ca/en/financial-returns-pro.html P&C-1 pdf*, Excel, ASCII August 15 Attestation of Compliance of Versions (half year) - P&C-1 (new) pdf August 15 Interim Return P&C-1◊ Hyperlink to instructions and updated forms: http://www.osfi-bsif.gc.ca/osfi/index_e.aspx?ArticleID=641 P&C-1 pdf*, Excel, ASCII August 15 Attestation of Compliance of Versions (half year) - P&C-1 (new) pdf August 15 Interim Return P&C-2◊ Hyperlink to instructions and updated forms: http://www.osfi-bsif.gc.ca/osfi/index_e.aspx?ArticleID=645 P&C-2 pdf*, Excel, ASCII August 15 Attestation of Compliance of Versions (half year) - P&C-2 (new) pdf August 15 ◊ The paper version of the complete signed document must be kept on file at the insurer's premises (including the signed Attestation of Compliance of Versions).
APPENDIX 2 Description of form Form Suffix Due before Interim Return P&C-1◊ Hyperlink to instructions and updated forms: http://www.lautorite.qc.ca/en/financial-returns-pro.html P&C-1 pdf*, Excel, ASCII August 31 Attestation of Compliance of Versions (half year) - P&C-1 (new) pdf August 31 Interim Return P&C-1◊ Hyperlink to instructions and updated forms: http://www.osfi-bsif.gc.ca/osfi/index_e.aspx?ArticleID=641 P&C-1 pdf*, Excel, ASCII August 31 Attestation of Compliance of Versions (half year) - P&C-1 (new) pdf August 31 Interim Return P&C-2◊ Hyperlink to instructions and updated forms: http://www.osfi-bsif.gc.ca/osfi/index_e.aspx?ArticleID=645 P&C-2 pdf*, Excel, ASCII August 31 Attestation of Compliance of Versions (half year) - P&C-2 (new) pdf August 31