Licences of insurance adjusters
358(1)The Superintendent may, upon the payment of a fee prescribed by regulation, issue to any person who applies in the form provided by the Superintendent and complies with the requirements of this Act and the regulations, a licence of a class prescribed by regulation authorizing that person to act as an adjuster.
358(2)A licence issued under this section is effective for such period of time as is prescribed by regulation, unless sooner revoked or suspended, and may be renewed in accordance with the regulations.
358(3)The Superintendent may, for cause shown and after a hearing, refuse to renew a licence, suspend a licence for a period not exceeding the unexpired term thereof, or revoke a licence, whether under suspension or not; and the Superintendent shall notify the licensee in writing of such refusal to renew, suspension or revocation.
358(3.1)A decision of the Superintendent under this section may be appealed to the Tribunal within 30 days after the date of the decision.
358(3.2)Despite subsection (3.1), the Tribunal may extend the period for appealing a decision under this section, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.
358(4)The Superintendent may grant a temporary licence to an adjuster from another jurisdiction to act within the Province where in his opinion an emergency situation requires that the adjuster be granted such a licence.
358(5)Where an adjuster dies, becomes bankrupt or otherwise incapacitated so that his property becomes vested in another person as executor, trustee in bankruptcy, trustee, committee or otherwise by operation of law, the Superintendent may give his written permission to such person to carry on the business of the adjuster for a period of six months following the event upon which the property became vested in that person, under such conditions and subject to such restrictions as are set out in the written permission, or are prescribed from time to time by him; and the Superintendent may extend the period beyond six months if, in his opinion, the circumstances of the case warrant the extension.
358(6)The Lieutenant-Governor in Council may make regulations
(a)
prescribing requirements, qualifications and conditions pertaining to the issuance and renewal of licenses, including licence fees;
(b)
providing for the examination of applicants for licenses and renewals of licenses;
(c)
prescribing a classification system for licences, the conditions and restrictions pertaining to each class of licence, and the activities authorized by each class of licence;
(d)
prescribing the period of time for which licences are effective;
(e)
prescribing rules of conduct pertaining to the adjustment of claims;
(f)
prescribing accounts and records to be maintained by adjusters;
(g)
requiring adjusters to supply information and make returns to the Superintendent;
(h)
requiring adjusters to furnish a bond or other security and fixing the amount, form, requirements and terms thereof;
(i)
prescribing the terms and conditions under which a person suffering loss may recover on the bond or other security referred to in paragraph (
h);
(j)
authorizing the establishment of an advisory board with whom the Superintendent may consult concerning the granting, renewal, suspension or revocation of a licence under this section, and the constitution, functions and powers of such advisory board;
(k)
prescribing forms and providing for their use; and
(l)
generally, for the better administration of this section.
1968, c.6, s.355; 1974, c.22 (Supp.), s.8; 2013, c.31, s.20; 2015, c.30, s.7; 2017, c.48, s.9