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Terminology note

On this page, "firm" is used in a general sense for ease of reading. The term refers to all types of registrants, including firms, independent partnerships and independent representatives.

Likewise, "non-certified person" refers to any person covered by the exception under subparagraph 3 of the second paragraph of section 10 of the Act respecting the distribution of financial products and services.

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Conditions to be met by non-certified persons

A non-certified person must meet the following conditions:

• be domiciled in Canada
• be employed by a firm
• not hold a certificate in claims adjustment (they may hold a certificate in another sector, however)
• carry out their functions remotely, solely by means of information technologies (e.g., telephone, e-mail, chat, etc.), meaning the person must not go to the location of the loss or occurrence
• act under the supervision of a claims adjuster

Requirements applicable to non-certified persons

A non-certified person who settles a claim must:

• inform the claimant that they are acting under the supervision of a claims adjuster
• communicate the identity of the supervisor to the claimant
• refer the claimant’s record to the claims adjuster, at the claimant's request

Requirements to act as a supervisor

The supervisor of a non-certified person must:

• hold a certificate in claims adjustment or in the personal-lines claims adjustment sector class
• have acted as a claims adjuster for at least 24 of the last 36 months
• hold a certificate without restrictions or conditions under sections 218, 219 or 220 of the Distribution Act
• in the five years preceding the date on which they begin to act as a supervisor, have not been the subject of a disciplinary sanction imposed under the Distribution Act or been struck off the roll by a disciplinary committee of a professional order, and not be the subject of such a sanction or striking off the roll while acting as a supervisor

Requirements applicable to firms

A firm must be registered in the claims adjustment sector, and the supervisors it appoints must meet the expected requirements.

A firm that employs a non-certified person to settle certain claims must ensure, before the date the person begins to exercise their functions in that respect and thereafter every three years, that the person:

• has not made an assignment of property nor been placed under a receiving order pursuant to the Bankruptcy and Insolvency Act This link will open in a new window (R.S.C. 1985, c. B-3)
• has not been convicted by a court inside Canada of an act or offence which is linked to the pursuit of the activity of representative
• is not under tutorship or under a protection mandate
• does not hold a certificate that has been cancelled or suspended, or had restrictions or conditions imposed on it, by the discipline committee or by a body in Québec or another province or state that is responsible for supervising and monitoring persons acting as representatives

If a firm becomes aware that the non-certified person no longer meets any of the above conditions, the firm must cease to employ the person in that capacity. In addition, a firm must cease to employ the person in that capacity if it becomes aware that the person has been convicted by a foreign court of an act or offence that is linked to the pursuit of the activity of representative.

A firm is not required to submit the names of its supervisors to the AMF, and the AMF does not grant any specific authorization to claims adjusters to act as supervisors of non-certified persons. However, a firm must keep up-to-date documentation showing that the supervisors meet the stated requirements.

Register of non-certified persons

The firm must keep a register of the non-certified persons it employs, including certain information about them, up to date.

For each non-certified person, this register contains:

• Last name and first name
• Residential address
• Date of birth
• The date on which the person began or ceased to act in accordance with subparagraph 3 of the second paragraph of section 10 This link will open in a new window of the Distribution Act

Disclosure to the AMF

A firm must submit information on non-certified persons to the AMF:

• at the time of the firm’s registration
• each year, as part of the firm’s maintenance of registration
• within 30 days following any change (e.g., when adding a non-certified person), pursuant to section 9 This link will open in a new window of the Regulation respecting the registration of firms, representatives and independent partnerships