The preamble to s. 138.1(1), which defined a “segregated fund” as a specified group of properties in respect of which an insurer’s life insurance policy reserves varied depending on the specified group’s fair market value, was amended, effective for taxation years beginning after 2022, to add a further condition that, to be a segregated fund, the specified group of properties also must be specifically reported (as interpreted in s. 138(12.3)) to the relevant authority (i.e., OSFI or, failing a requirement to report to OSFI, then the Superintendent of Insurance or other similar authority of the insurer’ province of incorporation) as a segregated fund.
CRA confirmed that a life insurance policy, issued by a foreign insurer that does not operate in Canada and has no reporting obligation to a relevant authority with respect to such a policy, would not qualify as a segregated fund under s. 138.1(1) after giving effect to this amendment. In particular, an amount referred to in s. 138(12.3)(a) to (d) (including a nil amount under s. 138(12.3)(d)), in respect of a specified group of properties, must be reported to a relevant authority in order to meet the requirements in s. 138.1(1). Furthermore, “the Act does not provide for the grandfathering of foreign segregated funds that no longer meet the definition in the preamble of amended subsection 138.1(1) of the Act for taxation years that begin after 2022.”