Acts and Regulations

85-11 - Damage Appraisers

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Revoked on 11 June 2021
NEW BRUNSWICK
REGULATION 85-11
under the
Insurance Act
(O.C. 85-57)
Filed February 1, 1985
Under subsection 358.1(6) of the Insurance Act, the Lieutenant-Governor in Council makes the following Regulation:
Repealed: 2021, c.8, s.101
1This Regulation may be cited as the Damage Appraisers Regulation - Insurance Act.
2In this Regulation
“Act” means the Insurance Act.(loi)
3(1)A person acts as a damage appraiser when he offers, promises or attempts to act as a damage appraiser or claims in any manner to be authorized to act in that capacity.
3(2)Notwithstanding subsection (1), an employee of a garage, body shop or other repair facility may estimate damage to a motor vehicle in the course of employment without being considered to be acting as a damage appraiser.
3(3)The following persons shall not be considered to be acting as damage appraisers:
(a) a liquidator or trustee in bankruptcy in the performance of his duties;
(b) a testamentary executor, director, trustee or fiduciary in the performance of his duties;
(c) an engineer, architect, appraiser, assessor or other expert whose services are merely required by a party with a view to obtaining the opinion or testimony of an expert;
(d) an insurance claims adjuster while acting in the course of his employment; and
(e) any person not employed by an insurance company or appraisal firm, who, in the course of employment because of technical or expert knowledge, is called on to estimate the damage to or the value of property, either his own, his employer’s or his employer’s customers’.
4(1)Every application for a licence to act as a damage appraiser, or a renewal thereof, shall be submitted to the Superintendent together with such documents as the Superintendent requires and a fee of twenty-five dollars.
4(2)Every licence to act as a damage appraiser expires on the thirtieth day of September in each year.
5(1)The following are deemed to be improper acts on the part of a damage appraiser:
(a) where the damage appraiser possesses any interest in the property he is engaged to appraise;
(b) where the damage appraiser seeks to make any profit or seeks or acquires any interest, other than fees or salary, in any property he is engaged to appraise;
(c) where the damage appraiser knowingly reports the need to replace parts when such parts are repairable in a satisfactory manner, or agrees to or connives at such acts by any garage, body shop or other repair facility; and
(d) where the damage appraiser acts or attempts to act as an insurance claims adjuster in connection with any property he is appraising.
5(2)The Superintendent may restrict, suspend or cancel or refuse to issue or renew any licence authorized to be issued to any person who, in his opinion, has committed any improper act referred to in subsection (1), or who has been convicted of an offence under the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, with respect to any matter related to his acting as a damage appraiser, or who, in the opinion of the Superintendent, has conducted himself in a manner contrary to the public interest.
5(3)The Superintendent may take into consideration any information known to him in making a decision to issue, renew or restrict a licence.
6(1)An applicant for a licence to act as a damage appraiser shall have a minimum of two years’ experience in automobile repair and automobile body work, and such other qualifications as the Superintendent considers appropriate.
6(2)Notwithstanding subsection (1), the Superintendent may take into consideration such other experience and qualifications shown to him as equivalent to the qualifications set forth in subsection (1).
7(1)A damage appraiser’s licence shall contain the name of the licensee and, if the licensee is employed, the name of the person, partnership or corporation employing the licensee.
7(2)The licensee shall inform the Superintendent of any change of status of employment or employer, and the licence, together with such records respecting the licensee as the Superintendent has, shall be amended accordingly.
8The Superintendent, or any person authorized by the Superintendent to act in his place, may at any time inspect the books, accounts, files or records of every person licensed to act as a damage appraiser.
9Repealed: 2015-45
2015-45
10Regulation 78-140 under the Insurance Act is repealed.
N.B. This Regulation is consolidated to June 11, 2021.