Warning

Exceptional measure due to the amount of precipitation that fell this winter

Due to periods of heavy precipitation experienced this winter in Québec, that resulted in a large number of claims, and the risk that rapid melting of the snow cover could make the situation even worse, the Autorité des marchés financiers (“AMF”) has published a news release announcing that it is allowing firms to use the services of supernumeraries to act as claims adjusters, in accordance with point 2.1 of the Implementation Directive of the Autorité des marchés financiers pertaining to the definition and exclusive activities of claims adjusters (pdf - 58 KB)This link will open in a new windowUpdated on 21 November 2012Claims Adjusters ("Directive").

End of the warning

Conditions

Subject to the conditions below, the AMF will allow a firm or independent partnership duly registered in the claims adjustment sector (“firm”) to use, for a period of 60 days, the services of supernumeraries who are not certified claims adjusters to carry out activities ordinarily reserved for claims adjusters.

Therefore, from April 13th to June 12th, 2019 (the “exemption period”), the AMF will allow:

  • a person authorized to act as a claims adjuster in another province or territory of Canada (“out-of-province claims adjuster”); or
  • 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

(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. may not act at a location where a loss has occurred;
    3. 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 liability insurance as required under the Regulation respecting firms, independent representatives and independent partnerships, which covers the activities carried out by the supernumerary under the Directive;
  4. The supernumerary is assigned to a claims adjuster, who will be in  charge of the file upon expiry of the exemption period (June 12th, 2019) in order to ensure processing continuity ;
  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.

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 $7,500.

List of supernumeraries to be sent to the AMF

Each firm must send the AMF (qualification@lautorite.qc.ca) a list of the supernumeraries acting on its behalf and ensure it receives confirmation of receipt of the list from the AMF before beginning to use the services of a supernumerary.

The list must contain the name of each supernumerary, the address of the branch and, if applicable, 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 - 40 KB)This link will open in a new windowUpdated on 3 April 2019

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

Submission of activity report

Each firm must also complete the activity report (xlsx - 32 KB)This link will open in a new windowUpdated on 3 April 2019 available on the AMF’s website and send it by e-mail to qualification@lautorite.qc.ca, within 30 days of the end of the exemption period.

Firms must gather the data required to be able to complete the activity report.

List of supernumeraries authorized by the AMF

To come up