Certification and registration
Certification is the basis of the damage insurance professional’s right to practice. Section 12 of the Act respecting the distribution of financial products and services (ADFPS) states that “(…) no person may act as or purport to be a representative without holding the appropriate certificate issued by the Authority [des marchés financiers] (…)”.
The sectors and classes of sectors in damage insurance are as follows:
|Damage Insurance Representative||Claims Adjuster|
|Damage insurance – 3a (agent) – 4a (broker)||Claims adjustment – 5a|
|Personal lines damage insurance – 3b (agent) – 4b (broker)||Claims adjustment in personal lines damage insurance – 5b|
|Commercial lines damage insurance – 3c (agent) – 4c (broker)||Claims adjustment in commercial lines damage insurance – 5c|
A certified professional cannot act in a sector or class of sector for which they do not hold a certification from the Autorité. Section 13 of the ADFPS states that “representatives pursue their activities in the sectors or classes of sectors in which they are authorized to act by a certificate issued by the Authority.” For example, a claims adjuster cannot do the job of a damage insurance agent. Similarly, a personal lines damage insurance agent cannot work on a commercial lines damage insurance file.
In order to obtain certification, professionals must:
- Meet the minimum qualifications required by the Autorité;
- Pass the damage insurance or claims adjustment examinations required by the Autorité;
- Pass the probationary period;
- Submit an application for a certificate to the Autorité before the validity of the examinations expires.
After obtaining certification and the necessary qualifications, damage insurance brokers may submit a request to the ChAD to obtain a professional designation : chartered insurance broker or associate insurance broker. To learn more.
In order to maintain certification, professionals must:
- Respect their professional development obligations;
- Comply with their code of ethics;
- Pay to renew their certificate annually.
Employers at damage insurance companies and firms must ensure that their employees’ damage insurance certificates are valid and that they have the right to practice their profession.
The annual fee for issuing or renewing a representative certificate for the year 2022: $325, plus applicable taxes.
Under the Règlement sur la cotisation de la Chambre de l’assurance de dommages prévu à la Loi sur la distribution de produits et services financiers stemming from the Act respecting the distribution of financial products and services (L.R.Q. c D-9.2, a. 320), the annual fee is indexed to January 1stof each year according to the increase rate of Quebec’s consumer price index, for the period ending on September 30 of the preceding year. The ChAD’s fee indexation notice is published every year in the Gazette officielle du Québec, as well as in the Bulletin de l’Autorité des marchés financiers.
Incompatible occupations and professions
Certain occupations, such as judge and police officer, are incompatible with the representative profession. A non-exhaustive list of activities and professions that are incompatible with the activities of damage insurance agents, brokers and claims adjusters is enumerated in sections 2 and 3 of the Regulation respecting the pursuit of activities as a representative.
More specifically, the following activities are incompatible with the damage insurance agent, broker, and claims adjuster professions:
- Professions that sell, rent out, or repair road vehicles, off-road vehicles and boats;
- Professions that sell, rent out, or repair movable property;
- Contractors (as defined in section 7 of the Building Act);
- Suppliers of goods or services that could be required following a loss.
Other occupations may be considered incompatible if they place the representative in conflict of interest or the appearance of conflict of interest.
You are obliged to declare any new activity or employment to the Autorité des marchés financiers within five days of starting the activity or employment. For more information, consult the Autorité des marchés financiers website.