Conditions

Supernumeraries

Subject to the conditions below, the AMF authorizes a firm or independent partnership duly registered in the claims adjustment sector (“firm”) to use, for a period of 90 days, the services of supernumeraries who are not certified claims adjusters to carry out activities ordinarily reserved for claims adjusters.

Therefore, from August 12 to November 11, 2024 (“exemption period”), the AMF authorizes:

• a person authorized to act as a claims adjuster in another province or territory of Canada (“out-of-province claims adjuster”),
• a person who has held a claims adjuster certificate in Québec for at least five of the last seven years, or
• a “firm’s employee”

(collectively, the “supernumerary”) to act as a claims adjuster for a firm in Québec, subject to the following conditions:

1. The firm on behalf of which the supernumerary acts is wholly responsible for the activities carried out by the supernumerary under the exemption;
2. The supernumerary:
   1. must act under the direct supervision of a claims adjuster duly certified in Québec, and
   2. must not act at a location where a loss has occurred,
      
      except if the supernumerary is an out-of-province claims adjuster who has been authorized to act as a claims adjuster for at least five of the last seven years or a person who has held a claims adjuster certificate in Québec for at least five of the last seven years;
3. The firm on behalf of which the supernumerary acts carries professional liability insurance consistent with the requirements set out in the Regulation respecting firms, independent representatives and independent partnerships that covers the activities carried out by the supernumerary under the Directive;
4. The supernumerary is assigned to a claims adjuster, who will take charge of the file upon expiry of the exemption period in order to ensure processing continuity; and
5. The supernumerary complies with all regulatory requirements applicable to the carrying out of claims adjuster activities in Québec when performing such activities during the exemption period.

Exceptionally, persons who meet all the requirements to act as a supernumerary, whether domiciled in or outside Canada, may carry out the described activities on behalf of the firm that retains their services provided they do so from Canada and solely via a computer infrastructure hosted in Canada. Such activities are subject to Québec law.

Employees working by phone

During the same period, the AMF will allow the value of claims that can be processed by “employees working by phone” in accordance with point 2.2 of the Directive to be increased to $30,000.

Such an employee working by phone is not a supernumerary within the meaning of the term as defined above. When the exemption period expires, such employees will be able to complete any files that were begun by them.

The value of claims covered by this authorization corresponds to:

• The amount claimed by the claimant or
• The amount corresponding to the limit specified in the contract for the loss associated with the claim, if this amount is lower than the amount claimed.

List of supernumeraries to be sent to the AMF

Each firm must e-mail a list of the supernumeraries (but not of the “employees working by phone”) acting on its behalf to [email protected].

The list must contain the name of each supernumerary, the address of the branch and, if applicable, details of the experience of the supernumeraries and of the claims adjusters responsible for their supervision.

To send the list of supernumeraries to the AMF, firms are encouraged to use the template prepared by the AMF: List of supernumeraries (xlsx - 49 KB)This link will open in a new windowUpdated on August 13, 2024.

Firms must ensure that the information in the list sent to the AMF is up to date and send it a new list, if necessary.

Submission of activity report

Each firm will also need to complete the activity report (xlsx - 40 KB)This link will open in a new windowUpdated on August 13, 2024 and send it by e-mail to [email protected] within 30 days following the expiry of the exemption period.

Firms must make sure they gather the data required to complete the activity report.

List of supernumeraries authorized by the AMF

• List of supernumeraries authorized from August 12 to November 11, 2024 (pdf - 317 KB)This link will open in a new windowUpdated on November 19, 2024 (in French only)