Alberta: Considerations in Establishing a New Captive Jurisdiction

The Captive Insurance Companies Act, formerly Bill 76, was introduced by the government of Alberta in October 2021 and passed in December 2021. The act enables entities to establish their own insurance company, called a captive insurer. A captive insurance company is created and owned by a non-insurance parent for providing insurance coverage for the parent company’s exposures and/or those of associated parties. This paper discusses the regulatory policy elements that serve as the key foundations for the captive insurance market in major captive insurance jurisdictions, best practices for captive insurance regulation, and key elements of a best-of-breed regulatory regime that is needed in Alberta to be a competitive captive jurisdiction. We examine regulation and policy elements in leading captive insurance jurisdictions and identify policies that have been implemented to stimulate growth of captive insurance markets. To foster an environment for a robust captive insurance market, regulation must ensure fast and predictable licensing and setup (or redomiciliation), be cost neutral, and have simple, reasonable requirements for capital, solvency, and reporting. It is equally important that Alberta’s captive regulator have the mindset of a captive regulator, meaning that it appreciates the distinction between regulating traditional insurers versus captives, has a willingness to work with the captive industry, and is responsive to regulatory changes taking place in the competitive captive marketplace.