Licensees may be asked to place a client’s insurance business with an insurer who is not authorized to conduct business in British Columbia when the necessary coverage is not available from an authorized insurance company or if coverage from an authorized insurer did not meet the client’s specific insurance needs. However, before conducting business with an unauthorized insurer, licensees have specific requirements under Insurance Council Rules, the
Financial Institutions Act and the Insurer Exemption Regulation.
Among other requirements, licensees are required to notify the Insurance Council in writing that they intend to rely on section 76(1)(c) of the
Act prior to completing a transaction with an unauthorized insurer. Licensees who are involved with the placement of insurance with unauthorized insurers are also required to file with the Superintendent of Financial Institutions (Superintendent) a Placement of Insurance with Unauthorized Insurers Return (BCFSA Return) within 30 days at the end of each quarter. Notice
ICN 21-001 Use of Unauthorized Insurers outlines regulatory requirements for licensees placing business with an unauthorized insurer.
An insured who takes out a contract of insurance with an unauthorized insurer is also required, under the
Insurance Premium Tax Act, to pay the insurance premium tax on the contract and make the required filings with the British Columbia Ministry of Finance Income Taxation Branch. Changes to the
Insurance Premium Tax Act effective January 1, 2024, require that the filing and payment of insurance premium tax for unauthorized insurer placements be submitted electronically through
eTaxBC. The previously accepted BC Financial Services Authority Placement of Insurance with Unauthorized Insurers Return form will no longer be accepted after December 31, 2023. Federal taxes may also be payable.
Written notification can be emailed to
practice@insurancecouncilofbc.com.