Oversight and Your Profession
In order to distribute damage insurance products, firms, independent partnerships and independent representatives must register with the Autorité des marchés financiers (the Authority); agents, brokers and claims adjusters must obtain a certificate to practice from the Authority in order to carry on activities in Quebec.
The Role of the Authority
The Government of Quebec has mandated the Authority to oversee Quebec’s financial sector in order to ensure that the sector operates smoothly and to protect consumers of financial products and services. Furthermore, the Authority is responsible for enforcing the legislation governing each of the areas it oversees.
Main damage insurance activities under the Authority’s responsibility:
- Overseeing firms and insurers
- Inspecting firms and insurers
- Issuing certificates to practice and renewals
- Collecting required fees
- Monitoring illegal practice
- Overseeing distribution without a representative
- Receiving complaints from consumers or professionals
- Managing the Fonds d’indemnisation pour les victimes de fraude
By working collaboratively, the ChAD and the Authority complement each other’s actions.
The Role of the ChAD
The ChAD’s mission is to protect the public by maintaining discipline and overseeing the training and ethical behaviour of damage insurance agents, damage insurance brokers, and claims adjusters. It is active in three areas:
Ethics
- Enforces the codes of ethics
- Designs practical tools and advisory material on ethics
- Offers support services on matters related to ethics
Training
- Ensures that professionals fulfill their training obligations
- Accredits all training available on the market
- Creates mandatory training in Compliance
- Offers on-line training on the ÉduChAD platform; training is created by a variety of trainers
Discipline
- Receives complaints from consumers, professionals and the Authority
- Investigates complaints it receives regarding a professional’s practice
- Files formal complaints before the Discipline Committee
Acts, Regulations and Codes that Oversee Your Profession
Codes of Ethics
Representatives (agents and brokers) and claims adjusters each have their own code of ethics. These codes, which were passed by the Minister of Finance, embody an ideal of good conduct, while the rules set out in the codes represent a minimum standard for professional practice.
Act respecting the distribution of financial products and services
Here are a few sections that apply to your professional practice.
- Adjusters must investigate insured losses, appraise damages and negotiate the settlement of claims. (section 10).
- Adjusters must act with honesty, loyalty, competence and professional integrity in their dealings with their clients (section 16).
- Agents and brokers must identify their clients’ needs, appropriately advise them, and, if they can, offer their clients a product that meets their needs (section 27).
- Agents and brokers must, before making an insurance contract, describe the proposed product to the client in relation to the needs identified and specify the needs of the coverage offered, including any limits and exclusions (section 28).
- At contract renewal time, agents and brokers should ensure that the coverage provided continues to correspond to their client’s needs (section 39).
Act respecting the protection of personal information in the private sector
This act establishes the rules applying to all personal information on clients that you collect, hold, use or disclose.
Certain Regulations
Compulsory professional development of the ChAD
Obligation to take 20 hours of training every two years, including a mandatory course on Compliance created by the ChAD.
Information to be given to the consumer
In particular, the disclosure of any business relationship with insurers whose products you offer.
Pursuit of activities as a representative
Including occupations that are incompa¬tible with your title of damage insurance representative, the rules regarding representation and client solicitation, or your professional liability obligations.
Regulation respecting firms, independent representatives and independent partnerships
Including the contents of the client record and the standards to be met with respect to managing records at home or electronically.
Regulation respecting the keeping and preservation of books and registers
Concerning the mandatory period for preserving closed client records.