Acts and Regulations

I-12 - Insurance Act

Section 358.1
Disposition versions

Full text
Damage appraisers
2021, c.8, s.64
358.1(1)An insurance company or an adjusting firm that uses the services of a damage appraiser shall ensure that the damage appraiser has the appropriate qualifications and competency to appraise any insurance claim that the damage appraiser is involved in on behalf of the insurance company or adjusting firm, as the case may be, and shall oversee the activities of the damage appraiser with respect to any insurance claim.
358.1(2)If the Superintendent is of the opinion, on reasonable grounds, that a damage appraiser does any of the following, the Superintendent, after providing the damage appraiser an opportunity to be heard, may prohibit the damage appraiser from acting as a damage appraiser under this Act: 
(a) violated or failed to comply with a written undertaking made by the damage appraiser under this Act or the regulations;
(b) committed a fraudulent act or practice;
(c) committed any of the prohibited acts referred to in subsection (3);
(d) demonstrated incompetency or untrustworthiness; or
(e) is otherwise unsuitable.
358.1(3)In the appraisal of any insurance claim, a damage appraiser shall not
(a) possess any interest in the property the damage appraiser is engaged to appraise,
(b) seek to make a profit or seek or acquire an interest, other than fees or salary, in the property the damage appraiser is engaged to appraise,
(c) knowingly report the need to replace parts when the parts are repairable in a satisfactory manner, or agree or conspire with a garage, body shop or other repair facility to replace parts when the parts are repairable in a satisfactory manner,
(d) act or attempt to act as an adjuster in connection with a property the damage appraiser is appraising,
(e) fail or refuse to comply with any standards of practice and duties prescribed by regulation for damage appraisers, or
(f) fail or refuse to comply with or contravene a provision of this Act or the regulations.
1976, c.34, s.6; 1978, c.30, s.7; 2008, c.2, s.19; 2013, c.31, s.20; 2015, c.30, s.8; 2017, c.48, s.9; 2021, c.8, s.65
Licences of damage appraisers
358.1(1)The Superintendent may, upon the payment of the prescribed fee, issue to any person who complies with the requirements of this Act and any regulation made thereunder a licence to act as a damage appraiser or a licence to act as a student damage appraiser under the supervision of a licensed damage appraiser.
358.1(2)The applicant for a licence shall file with the Superintendent a written application in a form provided by the Superintendent in which the applicant certifies the truth of the information provided, stating the applicant’s name, age, residence and occupation for the five years immediately preceding the date of the application and any other information that the Superintendent requires.
358.1(3)Every licence issued under this section expires at such time as the regulations provide unless sooner revoked or suspended.
358.1(4)A licence may, in the discretion of the Superintendent and upon payment of the prescribed fee, be renewed without requiring anew the detailed information required in the case of an original application.
358.1(5)The Superintendent may, for cause shown and after a hearing, revoke the licence, or may suspend it for a period not exceeding the unexpired term thereof, and may, for cause shown and after a hearing, revoke the licence while so suspended; and he shall notify the licensee in writing of such revocation or suspension.
358.1(5.1)A decision of the Superintendent to revoke or suspend a licence under subsection (5) may be appealed to the Tribunal within 30 days after the date of the decision.
358.1(5.2)Despite subsection (5.1), the Tribunal may extend the period for appealing a decision, before or after the expiration of the time, if it is satisfied that there are reasonable grounds for an extension.
358.1(6)The Lieutenant-Governor in Council may make regulations
(a) respecting requirements and qualifications pertaining to the issuance and renewal of licences, including licence fees;
(b) providing for the examination of applicants for licences and renewals of licences;
(c) prescribing the period of time for which licences are effective;
(d) prescribing rules of conduct pertaining to the appraisal of damage;
(e) respecting accounts and records to be maintained by damage appraisers;
(f) requiring damage appraisers to supply information and make returns to the Superintendent;
(g) authorizing the Superintendent, or any person authorized by the Superintendent, to inspect the books, accounts, files or records of damage appraisers licensed under this section;
(h) prescribing the circumstances under which a person acting as a damage appraiser is excepted from the provisions of this section;
(i) 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;
(j) prescribing forms and providing for their use; and
(k) generally, for the better administration of this section.
1976, c.34, s.6; 1978, c.30, s.7; 2008, c.2, s.19; 2013, c.31, s.20; 2015, c.30, s.8; 2017, c.48, s.9
Licences of damage appraisers
358.1(1)The Superintendent may, upon the payment of the prescribed fee, issue to any person who complies with the requirements of this Act and any regulation made thereunder a licence to act as a damage appraiser or a licence to act as a student damage appraiser under the supervision of a licensed damage appraiser.
358.1(2)The applicant for a licence shall file with the Superintendent a written application in a form provided by the Superintendent in which the applicant certifies the truth of the information provided, stating the applicant’s name, age, residence and occupation for the five years immediately preceding the date of the application and any other information that the Superintendent requires.
358.1(3)Every licence issued under this section expires at such time as the regulations provide unless sooner revoked or suspended.
358.1(4)A licence may, in the discretion of the Superintendent and upon payment of the prescribed fee, be renewed without requiring anew the detailed information required in the case of an original application.
358.1(5)The Superintendent may, for cause shown and after a hearing, revoke the licence, or may suspend it for a period not exceeding the unexpired term thereof, and may, for cause shown and after a hearing, revoke the licence while so suspended; and he shall notify the licensee in writing of such revocation or suspension.
358.1(5.1)A decision of the Superintendent to revoke or suspend a licence under subsection (5) may be appealed to the Tribunal.
358.1(6)The Lieutenant-Governor in Council may make regulations
(a) respecting requirements and qualifications pertaining to the issuance and renewal of licences, including licence fees;
(b) providing for the examination of applicants for licences and renewals of licences;
(c) prescribing the period of time for which licences are effective;
(d) prescribing rules of conduct pertaining to the appraisal of damage;
(e) respecting accounts and records to be maintained by damage appraisers;
(f) requiring damage appraisers to supply information and make returns to the Superintendent;
(g) authorizing the Superintendent, or any person authorized by the Superintendent, to inspect the books, accounts, files or records of damage appraisers licensed under this section;
(h) prescribing the circumstances under which a person acting as a damage appraiser is excepted from the provisions of this section;
(i) 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;
(j) prescribing forms and providing for their use; and
(k) generally, for the better administration of this section.
1976, c.34, s.6; 1978, c.30, s.7; 2008, c.2, s.19; 2013, c.31, s.20; 2015, c.30, s.8
Licences of damage appraisers
358.1(1)The Superintendent may, upon the payment of the prescribed fee, issue to any person who complies with the requirements of this Act and any regulation made thereunder a licence to act as a damage appraiser or a licence to act as a student damage appraiser under the supervision of a licensed damage appraiser.
358.1(2)The applicant for a licence shall file with the Superintendent a written application under oath upon a form provided by the Superintendent in which the applicant shall state his name, age, residence and occupation for the five years next preceding the date of the application and such other information as the Superintendent requires, and the applicant shall furnish a statement as to his trustworthiness and competency signed by at least three reputable persons resident in the Province.
358.1(3)Every licence issued under this section expires at such time as the regulations provide unless sooner revoked or suspended.
358.1(4)A licence may, in the discretion of the Superintendent and upon payment of the prescribed fee, be renewed without requiring anew the detailed information required in the case of an original application.
358.1(5)The Superintendent may, for cause shown and after a hearing, revoke the licence, or may suspend it for a period not exceeding the unexpired term thereof, and may, for cause shown and after a hearing, revoke the licence while so suspended; and he shall notify the licensee in writing of such revocation or suspension.
358.1(5.1)A decision of the Superintendent to revoke or suspend a licence under subsection (5) may be appealed to the Tribunal.
358.1(6)The Lieutenant-Governor in Council may make regulations
(a) respecting requirements and qualifications pertaining to the issuance and renewal of licences, including licence fees;
(b) providing for the examination of applicants for licences and renewals of licences;
(c) prescribing the period of time for which licences are effective;
(d) prescribing rules of conduct pertaining to the appraisal of damage;
(e) respecting accounts and records to be maintained by damage appraisers;
(f) requiring damage appraisers to supply information and make returns to the Superintendent;
(g) authorizing the Superintendent, or any person authorized by the Superintendent, to inspect the books, accounts, files or records of damage appraisers licensed under this section;
(h) prescribing the circumstances under which a person acting as a damage appraiser is excepted from the provisions of this section;
(i) 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;
(j) prescribing forms and providing for their use; and
(k) generally, for the better administration of this section.
1976, c.34, s.6; 1978, c.30, s.7; 2008, c.2, s.19; 2013, c.31, s.20
Licences of damage appraisers
358.1(1)The Superintendent may, upon the payment of the prescribed fee, issue to any person who complies with the requirements of this Act and any regulation made thereunder a licence to act as a damage appraiser or a licence to act as a student damage appraiser under the supervision of a licensed damage appraiser.
358.1(2)The applicant for a licence shall file with the Superintendent a written application under oath upon a form provided by the Superintendent in which the applicant shall state his name, age, residence and occupation for the five years next preceding the date of the application and such other information as the Superintendent requires, and the applicant shall furnish a statement as to his trustworthiness and competency signed by at least three reputable persons resident in the Province.
358.1(3)Every licence issued under this section expires at such time as the regulations provide unless sooner revoked or suspended.
358.1(4)A licence may, in the discretion of the Superintendent and upon payment of the prescribed fee, be renewed without requiring anew the detailed information required in the case of an original application.
358.1(5)The Superintendent may, for cause shown and after a hearing, revoke the licence, or may suspend it for a period not exceeding the unexpired term thereof, and may, for cause shown and after a hearing, revoke the licence while so suspended; and he shall notify the licensee in writing of such revocation or suspension.
358.1(6)The Lieutenant-Governor in Council may make regulations
(a) respecting requirements and qualifications pertaining to the issuance and renewal of licences, including licence fees;
(b) providing for the examination of applicants for licences and renewals of licences;
(c) prescribing the period of time for which licences are effective;
(d) prescribing rules of conduct pertaining to the appraisal of damage;
(e) respecting accounts and records to be maintained by damage appraisers;
(f) requiring damage appraisers to supply information and make returns to the Superintendent;
(g) authorizing the Superintendent, or any person authorized by the Superintendent, to inspect the books, accounts, files or records of damage appraisers licensed under this section;
(h) prescribing the circumstances under which a person acting as a damage appraiser is excepted from the provisions of this section;
(i) 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;
(j) prescribing forms and providing for their use; and
(k) generally, for the better administration of this section.
1976, c.34, s.6; 1978, c.30, s.7; 2008, c.2, s.19
Licences of damage appraisers
358.1(1)The Superintendent may, upon the payment of the prescribed fee, issue to any person who complies with the requirements of this Act and any regulation made thereunder a licence to act as a damage appraiser or a licence to act as a student damage appraiser under the supervision of a licensed damage appraiser.
358.1(2)The applicant for a licence shall file with the Superintendent a written application under oath upon a form provided by the Superintendent in which the applicant shall state his name, age, residence and occupation for the five years next preceding the date of the application and such other information as the Superintendent requires, and the applicant shall furnish a statement as to his trustworthiness and competency signed by at least three reputable persons resident in the Province.
358.1(3)Every licence issued under this section expires at such time as the regulations provide unless sooner revoked or suspended.
358.1(4)A licence may, in the discretion of the Superintendent and upon payment of the prescribed fee, be renewed for each succeeding year without requiring anew the detailed information required in the case of an original application.
358.1(5)The Superintendent may, for cause shown and after a hearing, revoke the licence, or may suspend it for a period not exceeding the unexpired term thereof, and may, for cause shown and after a hearing, revoke the licence while so suspended; and he shall notify the licensee in writing of such revocation or suspension.
358.1(6)The Lieutenant-Governor in Council may make regulations
(a) respecting requirements and qualifications pertaining to the issuance and renewal of licences, including licence fees;
(b) providing for the examination of applicants for licences and renewals of licences;
(c) prescribing the period of time for which licences are effective;
(d) prescribing rules of conduct pertaining to the appraisal of damage;
(e) respecting accounts and records to be maintained by damage appraisers;
(f) requiring damage appraisers to supply information and make returns to the Superintendent;
(g) authorizing the Superintendent, or any person authorized by the Superintendent, to inspect the books, accounts, files or records of damage appraisers licensed under this section;
(h) prescribing the circumstances under which a person acting as a damage appraiser is excepted from the provisions of this section;
(i) 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;
(j) prescribing forms and providing for their use; and
(k) generally, for the better administration of this section.
1976, c.34, s.6; 1978, c.30, s.7