Warning

AMF’s Implementation Directive pertaining to the definition and exclusive activities of claims adjusters for the period from May 17 to July 15, 2017

Due to the heavy rains and floods that occurred in Québec, the AMF has published a news release declaring that the situation is “catastrophic” within the meaning 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 window.

End of the warning

Conditions

During this period, the AMF will allow a firm or independent partnership registered in the claims adjustment sector ("firm") to use the services of supernumeraries who are not certified claims adjusters to carry out activities that are reserved for claims adjusters.

A person authorized to act as a claims adjuster in another province or territory of Canada and a firm’s employees (“supernumeraries”) may act as claims adjusters for a firm where the following conditions are met:

  1. The firm on behalf of which the supernumerary is acting is fully responsible for the activities carried out under the exemption.
  2. Unless authorized to carry out claims adjustment activities in another Canadian province or territory for at least five of the past seven years, the supernumerary must:
    1. Act under the direct supervision of a certified claims adjuster; and
    2. Not perform activities at the location of a loss.
  3. The firm on behalf of which the supernumerary is acting carries liability insurance as required under 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 be in charge of the file once the period is over to ensure continuity in the processing of each file.
  5. In connection with claims adjustment activities in Québec, the supernumerary complies with all regulatory requirements applicable to the carrying out of such activities.

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 that the AMF has received the list before beginning to use the services of a supernumerary. The list must provide the name of the supernumerary and that of the supervisor as well as the branch address.

Documentation and tools

For the purpose of sending the list of supernumeraries to the AMF, firms are encouraged to use the template prepared by the AMF:

Liste des surnuméraires (xlsx - 33 KB)This link will open in a new window (Available in French only)