As a financial advisor you are required to comply with numerous regulatory and industry standards in the course of operating your practice. It is critical for you, your clients and Empire Life that you operate your practice in a compliant manner. The material and links in this section have been included to assist you with your compliance responsibilities. However, the materials and information are not inclusive and it is your responsibility to keep abreast of all regulatory requirements and ensure your practice includes up-to-date compliant practices.
Code of Conduct
Outline what Empire Life expects of our Distribution Partners when dealing with customers
The Best Practices Handbook is a compilation of rules, procedures and guidelines relating to distribution compliance and market conduct.
Compliance – The Approach
"Serving clients through needs–based sales practices". This industry initiative summary outlines six elements of needs-based selling that should be used to assess and reinforce your own sales practices.
Reference Information
Needs-Based Sales Practices for IVICs
This CLHIA reference document includes a section for advisors which is intended to expand on and provide practical guidance in the area of Individual Variable Insurance Contracts (IVICs) and how “The Approach” should be applied.
Advisor Disclosure
At Empire Life, we believe that full written disclosure to clients is an important business practice that all advisors should follow. This section provides the Empire Life communications on Advisor Disclosure, reference materials and sample letters for your use.
Circulars
Reference Information
Anti-Money Laundering and Terrorist Financing
The Proceeds of Crime (Money Laundering) and Terrorist Financing Act was introduced to aid in the detecting and deterring of money laundering and the financing of terrorist activities. Advisors, as well as insurance companies, have certain responsibilities including, but not limited to: maintaining client information records, verifying identity of the owner, verifying any third party where the transaction is being made on behalf of a third party, reporting possession of terrorist property and reporting suspicious transactions.
Circulars
- Information Circular 2017-12 Amendments to Canada’s Anti-Money Laundering and Anti-Terrorist Financing Legislation
- Information Circular 2014-03 New Anti-Money Laundering (AML) Legislation
- Head Office Circular 2008-09 AML Business Processes
- Head Office Circular 2008-08 AML Application and Form Changes
- Head Office Circular 2008-07 AML and Anti-Terrorist Financing Changes
- Head Office Circular 2006-26 Advisor Responsibilities under the Proceeds of Crime (Money Laundering) & Terrorist Financing Act
Reference Information
National Do Not Call List
Due to amendments to the federal Telecommunications Act, the Canadian Radio-television and Telecommunications Commission (CRTC) has introduced new and revised telecommunications rules and the National Do Not Call List (NDNCL).
Presentation
Circulars
Reference documents
To ensure you fully understand your obligations under this new law, please go to http://www.crtc.gc.ca for a complete copy of the Act.
Corporate Errors and Omissions Insurance
Empire Life has always been a strong believer in E&O insurance for those working in our industry. This document provides clarification on corporate coverage requirements from Empire Life and the industry.
Circulars
Privacy
The protection of personal information is an integral part of dong business at Empire Life. Protecting personal information is important to us and this policy sets out how we collect and manage personal information in a manner that protects the personal privacy of our clients, contractors and employees.
Reference Information
Policy Replacement
Replacement disclosure is required when a customer is considering the purchase of a new life insurance contract that will replace an existing or recently lapsed or surrendered contract.
Life Insurance Replacement Declaration
Quebec Notice of Replacement of Insurance
Guide to preparing an LIRD
Canada’s new anti-spam legislation
The Government of Canada introduced the Anti-Spam Legislation (CASL) to helps protect Canadians while ensuring that businesses can continue to compete in the global marketplace.
Reference information
Enhanced Financial Account Information Reporting in Canada in response to FATCA and CRS
Canada has enacted legislation which has been incorporated into the Income Tax Act which is intended to reduce tax evasion and improve tax compliance around the world.
Referred to as “Enhanced Financial Account Information Reporting”, these requirements oblige Canadian financial institutions to provide specific information about certain account holders whose tax residence is not in Canada to the Canada Revenue Agency (CRA), who in turn transfers that information to:
- The Internal Revenue Service, in the case of ‘US persons’ who are subject to the US law known as FATCA; and
- Other countries regarding their residents as a result of Canada’s adoption of the Common Reporting Standards (CRS)
Insurance and annuity contracts that are reportable include non-registered life insurance policies with cash value and annuity contracts (including segregated fund contracts) held by individuals or entities resident for tax purposes in countries other than Canada or entities with primarily investment income controlled by persons who are tax resident in a country other than Canada.
Reference information
- Empire Life - Information Circular - FATCA (CIRE 2014-18)
- Information for Clients on the Canada-U.S. Information Exchange Agreement to Improve Cross-Border Tax Compliance
- Empire Life – Information Circular – CRS (CIRE 2017-13)
- Information for Clients on the Enhanced Financial Account Information Reporting-CRS
This document should not be construed as providing tax, legal or financial advice.
Sponsorship
Many provincial insurance regulators require advisors to be sponsored by an insurance company under certain circumstances. This comes with many obligations on the part of insurance companies.