Summary

Canada’s insurance industry is increasingly complex and the legislation surrounding it affects every industry. Whether your business wishes to enter into Canada, add new insurance products, or expand into new markets or distribution channels, it is imperative to understand the laws that affect you. BLG’s Insurance – Corporate and Regulatory Group can provide you with the information and strategies you need to fully understand the legal and regulatory aspects of insurance as they relate to your business.

Our Insurance — Corporate and Regulatory Group has proven expertise in all matters related to:

  • Formation, organization and licensing of insurers, reinsurers, intermediaries and adjusters, including the entrance of foreign insurers and non-resident agents and brokers into the Canadian market
  • The Insurance Companies Act and provincial insurance laws, regulations and guidelines
  • Federal and provincial regulatory approvals related to insurance products and distribution channels
  • Reorganizations and the withdrawal or winding-up of insurance undertakings
  • Day to day issues faced by insurance companies and other entities that work in or provide services to the financial services sector

Members of the Insurance – Corporate and Regulatory Group work closely with our lawyers in other specialized areas, including tax, banking, capital markets, regulatory, investment management, competition, employment and litigation. As a full-service national law firm, we can assemble the right teams to handle your complex matters such as negotiating reinsurance and distribution agreements; self-insurance, risk retention and captive strategies; anti-money laundering legislative compliance; telemarketing, advertising and anti-spam rules.

Presentations & Publications

Presentations

  • Speaker, “A Canadian Legal & Regulatory Update”, 12th Edition Optimum Seminar on Travel Insurance, September 2013 - Jill McCutcheon.
  • Speaker, “Managing the Impact of Recent Regulatory and Legislative Changes on the Administration of Insurance,” 18th Annual Regulatory Compliance for Financial Institutions event, November 2012 – Jill McCutcheon.
  • Speaker, “Formation of an Insurance Company in Under a Year,” ITIC Barcelona 2012, October 2012 - Jill McCutcheon.
  • Speaker, “Corporate Developments,” Canadian Life and Health Insurance Association, Legal Section Annual Meeting, September 2012 – Jill McCutcheon.
  • Speaker, “Legal Issues in the Travel Health Insurance Industry,” Travel Health Insurance Association Conference, April 2012 – Jill McCutcheon.
  • Speaker, “Power of Information: Revolution or Evolution,” Chartered Insurance Professional Society Symposium, April 2012 – Kelly Morris.
  • Speaker, “Cross Country Update: Reviewing Provincial and Legislative Developments Affecting Insurance Providers,”The Canadian Institute, November 2010 – Jill McCutcheon and Kelly Morris.
  • Speaker, “Privacy: Responding to a Changing Legislation and Consumer Complaints,”Canadian Life and Health Insurance Association Legal Section, September 2010 – Kelly Morris.
  • Speaker, “Reviewing Critical Regulatory and Legislative Developments Affecting Insurance Providers,” The Canadian Institute, November 2009 – Kelly Morris.

Publications

Representative Work

  • Advising with respect to the incorporation, organization and licensing of insurers, brokers and agents.
  • Advising foreign insurers entering Canada with respect to federal and provincial regulatory requirements and federal and provincial licensing applications.
  • Advising on governance of insurance companies and advising Boards of  insurance companies.
  • Obtaining federal and provincial insurance regulatory approvals.
  • Advising and obtaining regulatory permission with respect to transfers of books of insurance business.
  • Withdrawal and winding up of insurers.
  • Resolving distribution, product and other regulatory issues with regulators on behalf of clients.
  • Preparing distribution and outsourcing agreements.
  • Reviewing and developing policy wording.
  • Drafting and negotiating distribution, reinsurance, agency, networking, insurance telemarketing and other specialized agreements germane to the sector.
  • Reviewing insurance marketing and promotional material and advising on compliance with applicable laws and industry guidelines.
  • Advising on reinsurance.
  • Advising on self-insured, risk retention and captive strategies.
  • Advising on market conduct and compliance requirements.
  • Advising on privacy laws, the resolution of privacy complaints and privacy breach responses.
  • Preparing privacy policies and procedures and conducting privacy audits.
  • Advising on anti-money laundering issues and preparing anti-money laundering policies and procedures.
  • Advising on compliance with provincial and federal legislative and regulatory changes.

Rankings & Recognitions

The Insurance — Corporate and Regulatory Group or its members are recognized:

  • Recognized in the 2018 edition of The Legal 500 Canada (Mergers and Acquisitions, and Regulatory).
  • Recognized in Chambers Canada — Canada's Leading Lawyers for Business (Insurance).
  • Recognized in the Canadian Legal Lexpert ® Directory (Financial Institutions Regulation).
  • Selected by peers for inclusion in the International Who's Who of Insurance and Reinsurance Lawyers.
  • Recognized in the Who's Who Legal: Canada (Insurance & Reinsurance).
  • Lexology Client Choice Award winner (Insurance and Reinsurance) — Ontario and overall for Canada (2014).