3(1)A person acts as an adjuster when he or she offers, promises or attempts to act as an adjuster or claims that he or she is authorized to act in that capacity.

3(2)The following persons shall be deemed not to be acting as adjusters:

4(1)Licences authorizing persons to act as adjusters are classified as follows:

4(2)A level 3 licensee shall specialize in at least one of the following types of adjusting for which he or she has successfully completed the program set out in subsection 20(1):

5(1)Subject to sections 11 and 16, a level 1 or level 2 licensee is authorized to act as an adjuster with respect to any claim with respect to which his or her supervisor is authorized by licence to act.

5(2)A level 3 licensee specializing in property damage claims is authorized to act as an adjuster with respect to first or third party claims arising out of damage to or loss of property of any kind which is or is alleged to be covered by a policy of insurance or security having as its primary purpose the insuring of property, unless the claims arise under a policy of automobile insurance or ocean marine insurance.

5(3)A level 3 licensee specializing in automobile physical damage claims is authorized to act as an adjuster with respect to first or third party claims arising out of damage to property resulting from the ownership, possession or use of any kind of self-propelled vehicle which is or is alleged to be covered by a policy of automobile insurance.

5(4)A level 3 licensee specializing in automobile accident benefit claims is authorized to act as an adjuster with respect to accident benefit claims arising under a policy of automobile insurance.

5(5)A level 3 licensee specializing in bodily injury claims is authorized to act as an adjuster with respect to third party claims arising out of any bodily injury or death.

5(6)A level 4 licensee is authorized to act as an adjuster with respect to any claim that may be adjusted by a level 3 licensee specializing in any of the types of adjusting referred to in subsection 4(2).

7(1)A level 1 licence expires on the anniversary date of the issue of the licence.

7(2)A level 2 licence expires on the anniversary date of the issue or of the renewal of the licence.

7(3)A level 3 or a level 4 licence expires on June 30, following the issue or the renewal of the licence.

8(1)A level 2, a level 3 or a level 4 licence may be renewed if the licensee pays the fee prescribed in section 6 and meets the requirements of the Act and this Regulation.

8(2)A level 2 licence may be renewed only twice.

9(1)An adjuster’s licence shall contain the following information:

9(2)A licensee shall immediately advise the Superintendent of any changes to his or her information and shall return his or her adjuster’s licence to the Superintendent.

9(3)If the changes to an adjuster’s licence involve a change of classification of the licence, a change in the type of adjusting in which the licensee specializes or a change of employer, the licensee shall submit a new adjuster’s licence application and pay the fee prescribed in section 6.

9(4)For all other changes to an adjuster’s licence, the Superintendent shall amend the licence accordingly and return it to the licensee.

10(1)A licensee who ceases to act as an adjuster shall immediately inform the Superintendent in writing of the reasons he or she has ceased to act as an adjuster.

10(2)A licensee who ceases to act as an adjuster, or whose licence is revoked or not renewed, shall return his or her licence to the Superintendent.

11(1)A level 1 licensee shall be supervised by a level 3 licensee having a minimum of 12 months of experience at that level or by a level 4 licensee, and the supervisor shall be responsible for the instruction and conduct of the level 1 licensee.

11(2)A level 1 licensee shall not adjust an insurance claim in his or her own right.

11(3)A level 1 licensee shall not enter into correspondence, submit reports or prepare memoranda respecting the adjustment of an insurance claim assigned to his or her supervisor unless authorized by his or her supervisor.

11(4)A level 1 licensee shall have all claim reports and settlement offers countersigned by his or her supervisor.

11(5)On the request of the Superintendent, the supervisor of a level 1 licensee shall provide the Superintendent information with respect to the level 1 licensee.

13(1)If, for reasons beyond his or her control, a level 1 licensee is unable to obtain a level 2 licence within the time provided in section 12, he or she may apply to the Superintendent, in writing and before the expiration of the time provided, for an extension of time.

13(2)The Superintendent may extend the time provided in section 12 for the period of time the licensee is unable to obtain the level 2 licence, up to a maximum of one year, and the expiration date under section 7 is extended for an equivalent period of time.

13(3)An extension of time to obtain a level 2 licence may be granted only once.

14(1)A person who ceases to hold a level 1 licence may apply for reinstatement of his or her licence, if he or she is eligible, no earlier than one year after the date on which he or she ceased to hold the licence.

14(2)A person whose level 1 licence is reinstated shall not be credited with work experience acquired before the reinstatement, although any courses successfully completed under subsection 15(1) shall be recognized, subject to any conditions that may be imposed by the Superintendent under the Act.

14(3)If a person’s level 1 licence is reinstated and he or she again ceases to hold the licence, the person is not eligible for a further adjuster’s licence.

15(1)Either before a level 1 licence is issued or within 12 months after the licence is issued, unless an extension of time is given under section 13, an applicant for a level 2 licence shall have successfully completed one of the following programs offered by the Insurance Institute of Canada:

15(2)Within 12 months after a level 1 licence is issued, the applicant for a level 2 licence shall have acquired 12 months of work experience as an adjuster.

15(3)The Superintendent may waive any part of the work experience requirement for an applicant for a level 2 licence if the Superintendent is satisfied that the applicant has sufficient experience or training in the insurance industry.

16(1)A level 2 licensee shall be supervised by the holder of a level 3 licence who has a minimum of 12 months of experience at that level or by the holder of a level 4 licence, and the supervisor shall be responsible for the instruction and conduct of the level 2 licensee.

16(2)A level 2 licensee shall not adjust an insurance claim in his or her own right.

16(3)A level 2 licensee shall not enter into correspondence, submit reports or prepare memoranda respecting the adjustment of an insurance claim assigned to his or her supervisor unless authorized by his or her supervisor.

16(4)The supervisor of a level 2 licensee shall, upon the request of the Superintendent, provide the Superintendent information with respect to the level 2 licensee.

18(1)If, for reasons beyond his or her control, a level 2 licensee is unable to obtain a level 3 licence within the time provided under section 17, he or she may apply to the Superintendent, in writing and before the expiration of the time provided, for an extension of time.

18(2)The Superintendent may extend the time provided in section 17 for the period of time the licensee is unable to obtain the level 3 licence, up to a maximum of one year, and the expiration date in section 7 is extended for an equivalent period of time.

18(3)An extension of time to obtain a level 3 licence may be granted only once.

19(1)A person who ceases to hold a level 2 licence may apply for reinstatement of his or her licence, if he or she is eligible, no earlier than one year after the date on which he or she ceased to hold the licence.

19(2)Despite subsection (1), a person who does not hold a level 2 licence for a period of 2 years or more shall only be eligible to apply for a level 1 licence.

19(3)A person whose level 2 licence is reinstated shall not have work experience acquired before the reinstatement credited towards the obtainment of a level 3 licence, although any courses successfully completed under subsections 15(1) and 20(1) shall be recognized, subject to any conditions that may be imposed by the Superintendent under the Act.

19(4)A person who is issued a level 1 licence under this section shall not be credited with work experience acquired before the issuance, although any courses successfully completed under subsections 15(1) and 20(1) shall be recognized, subject to any conditions that may be imposed by the Superintendent under the Act.

19(5)A person reinstated with a level 2 licence who ceases to hold that licence is not eligible for a further adjuster’s licence.

19(6)A person issued a level 1 licence under this section who ceases to hold that licence, or who is subsequently issued a level 2 licence and ceases to hold that licence, is not eligible for a further adjuster’s licence.

20(1)Either before a level 2 licence is issued or within 36 months after the licence is issued, unless an extension of time is given under section 18, the applicant for a level 3 licence shall have successfully completed one of the following programs offered by the Insurance Institute of Canada:

20(2)Within 36 months after a level 2 licence is issued, the licensee shall acquire 24 months of work experience in claims adjusting, but any experience acquired before the level 2 licence was issued shall not count for the purpose of this subsection.

21(1)Despite section 20, a level 3 licence may be issued to an applicant who meets the following conditions:

21(2)If the applicant is an adjuster in good standing in another province or territory of Canada or a state of the United States of America who does not otherwise meet the conditions for issuing a level 3 licence, the Superintendent may issue the applicant a level 2 licence and, towards the obtainment of a level 3 licence, shall credit the applicant with any courses successfully completed and any work experience acquired as an adjuster as provided in subsection (1).

22(1)An applicant for a level 4 licence shall have successfully completed the following program offered by the Insurance Institute of Canada:

22(2)The applicant shall have acquired 24 months of work experience in claims adjusting while holding a level 3 licence.

23(1)Despite section 22, a level 4 licence may be issued to an applicant who meets the following conditions:

23(2)If an applicant meets the conditions for issuing a level 3 licence but not a level 4 licence, the Superintendent may issue the applicant a level 3 licence and, towards the obtainment of a level 4 licence, shall credit the applicant with any courses successfully completed and any work experience acquired as an adjuster as provided in subsection (1).

24(1)A person who ceases to hold a level 3 or a level 4 licence may apply for reinstatement of his or her licence, if he or she is eligible, subject to any conditions that may be imposed by the Superintendent under the Act.

24(2)Despite subsection (1), a person who ceases to hold a level 3 or level 4 licence for a period of 10 years or more shall be eligible to apply only for a level 1 licence.

24(3)A person who is issued a level 1 licence under this section shall not be credited with work experience acquired before the issuance, although any courses successfully completed under subsections 15(1), 20(1) and 22(1) shall be recognized, subject to any conditions that may be imposed by the Superintendent under the Act.

26(1)A licensee or an applicant for an adjuster’s licence shall immediately notify the Superintendent in writing of any of the following:

26(2)The notice required under subsection (1) shall be given within 10 business days of the disciplinary action, judgment, charge or conviction.

27(1)With respect to the adjustment of claims, no adjuster shall

28(1)Subject to subsection (2), unless obliged by law, no adjuster shall disclose any information obtained in the performance of his or her work to any person other than his or her employer or the person retaining him or her without the authorization of the employer or that person.

28(2)On the request of the Superintendent, an adjuster shall furnish to the Superintendent any information obtained in the performance of the adjuster’s work.

29(1)Except for an adjuster who is a salaried employee of an insurer, a holder of an adjuster’s licence shall furnish, in favour of the Superintendent, a bond or other security in the amount of $5,000 issued by an insurer licenced in the Province to provide that class of insurance.

29(2)The Superintendent shall hold the bond or other security in trust for any person who may incur a financial loss as the result of any improper or illegal act of the adjuster.

29(3)If the Superintendent becomes aware of any improper or illegal act on the part of an adjuster that may necessitate a call on the proceeds of the bond or other security, he or she shall notify the insurer who issued the bond or other security, and the insurer shall immediately conduct an investigation.

29(4)The insurer conducting the investigation shall furnish all the resulting information to the Superintendent.

29(5)If the investigation establishes that a financial loss has resulted from an improper or illegal act of an adjuster, a claim is payable under the bond or other security and the proceeds of the bond or other security shall be remitted to the Superintendent, who shall distribute the proceeds to those persons incurring financial loss in proportion to their respective financial losses.