Our Claims Adjusters Module provides answers to a number of questions with respect to the licensing and regulation of insurance claims adjusters in all Canadian provinces and territories.
This information is current as of October, 2017.
1. Under what legislation are insurance claims adjusters required to be licensed?
Alberta Insurance Act, Part 3, section 460.
2. What are the legislative definitions of an “insurance claims adjuster”?
"Adjuster" is defined in Section 2 of the Insurance Act (Alberta) as follows:
(1) For the purposes of this Act, “adjuster” means a person who, for compensation,
(a) directly or indirectly solicits the right to negotiate the settlement of a loss under a contract of insurance on behalf of an insured or insurer or a reciprocal insurance exchange, or
(b) negotiates the settlement of a loss under a contract of insurance on behalf of an insured or insurer or a reciprocal insurance exchange.
(2) For the purposes of this Act, an adjuster does not include
(a) a lawyer when practising law,
(b) a trustee of property or an agent of an owner of or person having an insurable interest in property who negotiates a settlement of a loss under a contract of insurance in respect of the property,
(c) an insurer, or
(d) an employee of an insured who negotiates the settlement of a loss under a contract of insurance on behalf of the insured.
(1) For the purposes of this Act, “adjuster” means a person who, for compensation,
(a) directly or indirectly solicits the right to negotiate the settlement of a loss under a contract of insurance on behalf of an insured or insurer or a reciprocal insurance exchange, or
(b) negotiates the settlement of a loss under a contract of insurance on behalf of an insured or insurer or a reciprocal insurance exchange.
(2) For the purposes of this Act, an adjuster does not include
(a) a lawyer when practising law,
(b) a trustee of property or an agent of an owner of or person having an insurable interest in property who negotiates a settlement of a loss under a contract of insurance in respect of the property,
(c) an insurer, or
(d) an employee of an insured who negotiates the settlement of a loss under a contract of insurance on behalf of the insured.
3. Is every individual acting as an insurance claims adjuster required to be licensed?
Yes. Sections 460 (2) and 489 of the Insurance Act (Alberta) provide that:
460. (2) No individual may act or offer to act as an adjuster in respect of a contract of insurance unless
(a) the individual is an employee or independent contractor of a business that holds a valid and subsisting adjuster’s certificate of authority and the employee or independent contractor holds a valid and subsisting adjuster’s certificate of authority…
489. No business or individual who is required to hold an insurance agent’s or adjuster’s certificate of authority before acting as an insurance agent or adjuster may indicate in an advertisement that the business or individual is an insurance agent or adjuster or offer in an advertisement to provide the services of an insurance agent or adjuster unless the business or individual, as the case may be, holds the appropriate valid and subsisting certificate of authority.
460. (2) No individual may act or offer to act as an adjuster in respect of a contract of insurance unless
(a) the individual is an employee or independent contractor of a business that holds a valid and subsisting adjuster’s certificate of authority and the employee or independent contractor holds a valid and subsisting adjuster’s certificate of authority…
489. No business or individual who is required to hold an insurance agent’s or adjuster’s certificate of authority before acting as an insurance agent or adjuster may indicate in an advertisement that the business or individual is an insurance agent or adjuster or offer in an advertisement to provide the services of an insurance agent or adjuster unless the business or individual, as the case may be, holds the appropriate valid and subsisting certificate of authority.
4. What exceptions are there to the requirements for an insurance claims adjuster to be licensed?
Sections 2(2) and 460(2) of the Insurance Act (Alberta) provide that:
2.(2) For the purposes of this Act, an adjuster does not include
(a) a lawyer when practising law,
(b) a trustee of property or an agent of an owner of or person having an insurable interest in property who negotiates a settlement of a loss under a contract of insurance in respect of the property,
(c) an insurer, or
(d) an employee of an insured who negotiates the settlement of a loss under a contract of insurance on behalf of the insured.
460.(2) No individual may act or offer to act as an adjuster in respect of a contract of insurance unless…
(b) the individual is an employee or independent contractor of a business that holds a valid and subsisting insurance agent’s certificate of authority and the individual holds a valid and subsisting insurance agent’s certificate of authority for the class of insurance under which the contract of insurance falls, the amount of the loss under the contract is less than the prescribed amount and the business is the business that sold the contract of insurance,
(c) the individual is an employee of an insurer and the contract was issued by that insurer or by an insurer that is an affiliate of that insurer, or
(d) the contract is a reciprocal contract of indemnity or inter-insurance of a licensed exchange and the individual is the principal attorney of the exchange.
Section 26(1) of the Insurance Agents and Adjusters Regulation to the Insurance Act (Alberta) provides that:
26.(1) The prescribed amount for the purpose of section 460 of the Act is $15,000 in the case of contracts covering damage to property including automobiles.
2.(2) For the purposes of this Act, an adjuster does not include
(a) a lawyer when practising law,
(b) a trustee of property or an agent of an owner of or person having an insurable interest in property who negotiates a settlement of a loss under a contract of insurance in respect of the property,
(c) an insurer, or
(d) an employee of an insured who negotiates the settlement of a loss under a contract of insurance on behalf of the insured.
460.(2) No individual may act or offer to act as an adjuster in respect of a contract of insurance unless…
(b) the individual is an employee or independent contractor of a business that holds a valid and subsisting insurance agent’s certificate of authority and the individual holds a valid and subsisting insurance agent’s certificate of authority for the class of insurance under which the contract of insurance falls, the amount of the loss under the contract is less than the prescribed amount and the business is the business that sold the contract of insurance,
(c) the individual is an employee of an insurer and the contract was issued by that insurer or by an insurer that is an affiliate of that insurer, or
(d) the contract is a reciprocal contract of indemnity or inter-insurance of a licensed exchange and the individual is the principal attorney of the exchange.
Section 26(1) of the Insurance Agents and Adjusters Regulation to the Insurance Act (Alberta) provides that:
26.(1) The prescribed amount for the purpose of section 460 of the Act is $15,000 in the case of contracts covering damage to property including automobiles.
5. Does every corporation or partnership acting as an insurance claims adjuster need to be licensed?
Yes. Section 460 (1) of the Alberta Insurance Act provides that:
460.(1) No business may act or offer to act as an adjuster in respect of a contract of insurance unless
(a) the business holds a valid and subsisting adjuster’s certificate of authority, or
(b) the business holds a valid and subsisting insurance agent’s certificate of authority for the class of insurance under which the contract of insurance falls, the certificate is not a restricted insurance agent’s certificate of authority, the amount of the loss under the contract is less than the prescribed amount and the business is the business that sold the contract of insurance.
For the purpose of this part “business” means a body corporate, partnership or sole proprietorship, but does not include an insurer.
Section 26(1) of the Insurance Agents and Adjusters Regulation to the Insurance Act (Alberta) provides that:
26.(1) The prescribed amount for the purpose of section 460 of the Act is $15,000 in the case of contracts covering damage to property including automobiles.
460.(1) No business may act or offer to act as an adjuster in respect of a contract of insurance unless
(a) the business holds a valid and subsisting adjuster’s certificate of authority, or
(b) the business holds a valid and subsisting insurance agent’s certificate of authority for the class of insurance under which the contract of insurance falls, the certificate is not a restricted insurance agent’s certificate of authority, the amount of the loss under the contract is less than the prescribed amount and the business is the business that sold the contract of insurance.
For the purpose of this part “business” means a body corporate, partnership or sole proprietorship, but does not include an insurer.
Section 26(1) of the Insurance Agents and Adjusters Regulation to the Insurance Act (Alberta) provides that:
26.(1) The prescribed amount for the purpose of section 460 of the Act is $15,000 in the case of contracts covering damage to property including automobiles.
6. Can a licensed insurance agent adjust claims without being licensed as a claims adjuster?
Yes, but only for claims less than $15,000 under contracts covering damage to property including automobiles.
Section 460(2) of the Insurance Act (Alberta) provides that:
No individual may act or offer to act as an adjuster in respect of a contract of insurance unless…
(b) the individual is an employee or independent contractor of a business that holds a valid and subsisting insurance agent’s certificate of authority and the individual holds a valid and subsisting insurance agent’s certificate of authority for the class of insurance under which the contract of insurance falls, the amount of the loss under the contract is less than the prescribed amount and the business is the business that sold the contract of insurance…
Section 26(1) of the Insurance Agents and Adjusters Regulation to the Insurance Act (Alberta) provides that:
26.(1) The prescribed amount for the purpose of section 460 of the Act is $15,000 in the case of contracts covering damage to property including automobiles.
Section 460(2) of the Insurance Act (Alberta) provides that:
No individual may act or offer to act as an adjuster in respect of a contract of insurance unless…
(b) the individual is an employee or independent contractor of a business that holds a valid and subsisting insurance agent’s certificate of authority and the individual holds a valid and subsisting insurance agent’s certificate of authority for the class of insurance under which the contract of insurance falls, the amount of the loss under the contract is less than the prescribed amount and the business is the business that sold the contract of insurance…
Section 26(1) of the Insurance Agents and Adjusters Regulation to the Insurance Act (Alberta) provides that:
26.(1) The prescribed amount for the purpose of section 460 of the Act is $15,000 in the case of contracts covering damage to property including automobiles.
7. Can an employee of a licensed insurer adjust claims under contracts issued by such insurer without being licensed as a claims adjuster?
Yes. Section 460(2) of the Insurance Act (Alberta) provides that:
460.(2) No individual may act or offer to act as an adjuster in respect of a contract of insurance unless…
(c) the individual is an employee of an insurer and the contract was issued by that insurer or by an insurer that is an affiliate of that insurer…
460.(2) No individual may act or offer to act as an adjuster in respect of a contract of insurance unless…
(c) the individual is an employee of an insurer and the contract was issued by that insurer or by an insurer that is an affiliate of that insurer…
8. Which jurisdictions issue restricted claims adjuster licences?
The Alberta Insurance Council issues Limited Adjusters Certificates of Authority to adjust one, but not more than one, of the following: hail (crop), equipment warranty or travel insurance claims.
1. Under what legislation are insurance claims adjusters required to be licensed?
Financial Institutions Act (British Columbia), Part 6 — Regulation of Other Persons, Division 2 — Insurance Agents and Adjusters, section 180.
2. What are the legislative definitions of an “insurance claims adjuster”?
"Insurance adjuster" is defined in section 168 of the Financial Institutions Act (British Columbia) as follows:
"insurance adjuster" means a person who makes an adjustment or settlement of a claim under a contract of insurance other than a contract of marine insurance.
Section 180 of the Financial Institutions Act (British Columbia) provides that:
180. (1) A person must not act in British Columbia as an insurance adjuster or as an employed insurance adjuster unless the person is licensed as an insurance adjuster or as an employed insurance adjuster, as the case may be.
(2) Subsection (1) does not apply to a person or class of persons exempted by the regulations.
Section 6 of the Insurance Licensing Regulations to the Financial Institutions Act (British Columbia) provides that:
6. (1) Section 180 (1) of the Act does not apply to a person who
(a) does not act for compensation or in hope or for the promise of it,
(b) is employed as an expert by an insurance adjuster to make an appraisal or adjustment in a special case,
(c) is a solicitor or an employee of one in the solicitor's regular practice of law,
(d) is an insurance agent licensee acting on behalf of an insurer,
(e) is the manager or branch manager in British Columbia of an insurer authorized to conduct insurance business or is a salaried employee of that insurer, and who in either case is acting for that insurer,
(f) is a government employee or agent in the administration of any program established under the Insurance for Crops Act (British Columbia) or the Farm Income Insurance Act (British Columbia); or
(g) is a salaried employee of Catholic Mutual Canada who acts
(i) as an insurance adjuster or an employed insurance adjuster only in the course of employment with Catholic Mutual Canada, and
(ii) in relation to insurance provided by the Catholic Mutual Relief Society of America.
(2) Section 180 (1) of the Act does not apply to Catholic Mutual Canada in relation to insurance provided by the Catholic Mutual Relief Society of America.
"insurance adjuster" means a person who makes an adjustment or settlement of a claim under a contract of insurance other than a contract of marine insurance.
Section 180 of the Financial Institutions Act (British Columbia) provides that:
180. (1) A person must not act in British Columbia as an insurance adjuster or as an employed insurance adjuster unless the person is licensed as an insurance adjuster or as an employed insurance adjuster, as the case may be.
(2) Subsection (1) does not apply to a person or class of persons exempted by the regulations.
Section 6 of the Insurance Licensing Regulations to the Financial Institutions Act (British Columbia) provides that:
6. (1) Section 180 (1) of the Act does not apply to a person who
(a) does not act for compensation or in hope or for the promise of it,
(b) is employed as an expert by an insurance adjuster to make an appraisal or adjustment in a special case,
(c) is a solicitor or an employee of one in the solicitor's regular practice of law,
(d) is an insurance agent licensee acting on behalf of an insurer,
(e) is the manager or branch manager in British Columbia of an insurer authorized to conduct insurance business or is a salaried employee of that insurer, and who in either case is acting for that insurer,
(f) is a government employee or agent in the administration of any program established under the Insurance for Crops Act (British Columbia) or the Farm Income Insurance Act (British Columbia); or
(g) is a salaried employee of Catholic Mutual Canada who acts
(i) as an insurance adjuster or an employed insurance adjuster only in the course of employment with Catholic Mutual Canada, and
(ii) in relation to insurance provided by the Catholic Mutual Relief Society of America.
(2) Section 180 (1) of the Act does not apply to Catholic Mutual Canada in relation to insurance provided by the Catholic Mutual Relief Society of America.
3. Is every individual acting as an insurance claims adjuster required to be licensed?
Yes. Section 180(1) of the Financial Institutions Act (British Columbia) provides that:
180. (1) A person must not act in British Columbia as an insurance adjuster or as an employed insurance adjuster unless the person is licensed as an insurance adjuster or as an employed insurance adjuster, as the case may be.
180. (1) A person must not act in British Columbia as an insurance adjuster or as an employed insurance adjuster unless the person is licensed as an insurance adjuster or as an employed insurance adjuster, as the case may be.
4. What exceptions are there to the requirements for an insurance claims adjuster to be licensed?
Section 6 of the Insurance Licensing Regulations to the Financial Institutions Act (British Columbia) provides that:
Section 180 (1) of the Act does not apply to a person who
(a) does not act for compensation or in hope or for the promise of it,
(b) is employed as an expert by an insurance adjuster to make an appraisal or adjustment in a special case,
(c) is a solicitor or an employee of one in the solicitor's regular practice of law,
(d) is an insurance agent licensee acting on behalf of an insurer,
(e) is the manager or branch manager in British Columbia of an insurer authorized to conduct insurance business or is a salaried employee of that insurer, and who in either case is acting for that insurer,
(f) is a government employee or agent in the administration of any program established under the Insurance for Crops Act (British Columbia) or the Farm Income Insurance Act (British Columbia); or
(g) is a salaried employee of Catholic Mutual Canada who acts
(i) as an insurance adjuster or an employed insurance adjuster only in the course of employment with Catholic Mutual Canada, and
(ii) in relation to insurance provided by the Catholic Mutual Relief Society of America.
(2) Section 180 (1) of the Act does not apply to Catholic Mutual Canada in relation to insurance provided by the Catholic Mutual Relief Society of America.
Section 180 (1) of the Act does not apply to a person who
(a) does not act for compensation or in hope or for the promise of it,
(b) is employed as an expert by an insurance adjuster to make an appraisal or adjustment in a special case,
(c) is a solicitor or an employee of one in the solicitor's regular practice of law,
(d) is an insurance agent licensee acting on behalf of an insurer,
(e) is the manager or branch manager in British Columbia of an insurer authorized to conduct insurance business or is a salaried employee of that insurer, and who in either case is acting for that insurer,
(f) is a government employee or agent in the administration of any program established under the Insurance for Crops Act (British Columbia) or the Farm Income Insurance Act (British Columbia); or
(g) is a salaried employee of Catholic Mutual Canada who acts
(i) as an insurance adjuster or an employed insurance adjuster only in the course of employment with Catholic Mutual Canada, and
(ii) in relation to insurance provided by the Catholic Mutual Relief Society of America.
(2) Section 180 (1) of the Act does not apply to Catholic Mutual Canada in relation to insurance provided by the Catholic Mutual Relief Society of America.
5. Does every corporation or partnership acting as an insurance claims adjuster need to be licensed?
Yes (through a nominee). Section 170 of the Financial Institutions Act (British Columbia) provides that:
170. A partnership or corporation must nominate an individual who is a licensed insurance agent or licensed insurance adjuster approved by the council to exercise on behalf of the partnership or corporation the rights and privileges conferred by the licence.
170. A partnership or corporation must nominate an individual who is a licensed insurance agent or licensed insurance adjuster approved by the council to exercise on behalf of the partnership or corporation the rights and privileges conferred by the licence.
6. Can a licensed insurance agent adjust claims without being licensed as a claims adjuster?
Yes, but only if the licensed insurance agent is acting on behalf of an insurer. Section 6 of the Insurance Licensing Regulations to the Financial Institutions Act (British Columbia) provides that Section 180 (1) of the Act does not apply to a person who…
(d) is an insurance agent licensee acting on behalf of an insurer…
(d) is an insurance agent licensee acting on behalf of an insurer…
7. Can an employee of a licensed insurer adjust claims under contracts issued by such insurer without being licensed as a claims adjuster?
Yes. Section 6 of the Insurance Licensing Regulations to the Financial Institutions Act (British Columbia) provides that Section 180 (1) of the Act does not apply to a person who…
(e) is the manager or branch manager in British Columbia of an insurer authorized to conduct insurance business or is a salaried employee of that insurer, and who in either case is acting for that insurer…
(e) is the manager or branch manager in British Columbia of an insurer authorized to conduct insurance business or is a salaried employee of that insurer, and who in either case is acting for that insurer…
8. Which jurisdictions issue restricted claims adjuster licences?
N/A
1. Under what legislation are insurance claims adjusters required to be licensed?
The Insurance Act (Manitoba), Part XV, sections 385 and 391.
2. What are the legislative definitions of an “insurance claims adjuster”?
"Adjuster" is defined in section 1 of The Insurance Act (Manitoba) as follows:
"adjuster" means a person who
(a) for or on behalf of an insurer or an insured and for compensation, reward or the hope or expectation of compensation or reward,
(i) solicits the right to negotiate the settlement of or to investigate a loss or claim under a contract, or under a fidelity, surety or guaranty bond issued by an insurer, or
(ii) directly or indirectly negotiates, investigates, adjusts or settles such loss or claim, or
(b) holds himself or herself out as an adjuster, investigator, consultant or adviser with respect to the adjustment, negotiation or settlement of such losses or claims,
but does not include a member of The Law Society of Manitoba, entitled to practise as a solicitor in Manitoba, acting for or on behalf of a client in the course of and as part of that practice.
"adjuster" means a person who
(a) for or on behalf of an insurer or an insured and for compensation, reward or the hope or expectation of compensation or reward,
(i) solicits the right to negotiate the settlement of or to investigate a loss or claim under a contract, or under a fidelity, surety or guaranty bond issued by an insurer, or
(ii) directly or indirectly negotiates, investigates, adjusts or settles such loss or claim, or
(b) holds himself or herself out as an adjuster, investigator, consultant or adviser with respect to the adjustment, negotiation or settlement of such losses or claims,
but does not include a member of The Law Society of Manitoba, entitled to practise as a solicitor in Manitoba, acting for or on behalf of a client in the course of and as part of that practice.
3. Is every individual acting as an insurance claims adjuster required to be licensed?
Yes. Sections 385(8) and 391 of The Insurance Act (Manitoba) provide that:
385. (8) Any person who acts as an adjuster without a licence or during a suspension of his licence, is guilty of an offence.
391. Any person who, not being duly licensed as an agent, a broker, or an adjuster, represents or holds himself out to the public as being an agent, broker, or adjuster, or as being engaged in the insurance business, by means of advertisements, cards, circulars, letterheads, signs or other methods, or being duly licensed as such an agent, broker, or adjuster, advertises as aforesaid or carries on such a business in any other name than that stated in the licence, is guilty of an offence.
385. (8) Any person who acts as an adjuster without a licence or during a suspension of his licence, is guilty of an offence.
391. Any person who, not being duly licensed as an agent, a broker, or an adjuster, represents or holds himself out to the public as being an agent, broker, or adjuster, or as being engaged in the insurance business, by means of advertisements, cards, circulars, letterheads, signs or other methods, or being duly licensed as such an agent, broker, or adjuster, advertises as aforesaid or carries on such a business in any other name than that stated in the licence, is guilty of an offence.
4. What exceptions are there to the requirements for an insurance claims adjuster to be licensed?
The definition of "Adjuster" in section 1 of The Insurance Act (Manitoba) provides that an adjuster:
…does not include a member of The Law Society of Manitoba, entitled to practise as a solicitor in Manitoba, acting for or on behalf of a client in the course of and as part of that practice.
Section 385(9) of The Insurance Act (Manitoba) provides that section 385 does not apply to:
385.(9) This section does not apply to
(a) a person who does not act for compensation or reward or in the hope or on the promise thereof;
(b) a trustee or agent of the owner of property insured;
(c) a person who makes or assists in making an adjustment and who
(i) is a salaried employee of an insurer licensed under this Act; or
(ii) is the manager or branch manager of an insurer licensed under this Act and who is in charge of the head office or branch office of the insurer in the province;
and who, in either case, is acting for that insurer;
(d) a person who is employed as an appraiser, engineer, or other expert, solely for the purpose of giving expert advice or evidence;
(e) a lawyer who is entitled to practise law in Manitoba and who is acting in the usual course of his or her profession; or
(f) a licensed general insurance agent in the adjustment of a first party claim, where
(i) the value of the claim is less than the amount prescribed in the regulations,
(ii) the claim arises under a policy that was sold by the agent or by an agency of which the agent is a member, and
(iii) the agent or agency has received authorization to act as an adjuster from the insurer that issued the policy.
Section 19 of the Insurance Agents and Adjusters Regulation under The Insurance Act (Manitoba) provides that:
19. For the purpose of subsection 385(9)(f)(i) of the Act, the prescribed amount is $5,000.
…does not include a member of The Law Society of Manitoba, entitled to practise as a solicitor in Manitoba, acting for or on behalf of a client in the course of and as part of that practice.
Section 385(9) of The Insurance Act (Manitoba) provides that section 385 does not apply to:
385.(9) This section does not apply to
(a) a person who does not act for compensation or reward or in the hope or on the promise thereof;
(b) a trustee or agent of the owner of property insured;
(c) a person who makes or assists in making an adjustment and who
(i) is a salaried employee of an insurer licensed under this Act; or
(ii) is the manager or branch manager of an insurer licensed under this Act and who is in charge of the head office or branch office of the insurer in the province;
and who, in either case, is acting for that insurer;
(d) a person who is employed as an appraiser, engineer, or other expert, solely for the purpose of giving expert advice or evidence;
(e) a lawyer who is entitled to practise law in Manitoba and who is acting in the usual course of his or her profession; or
(f) a licensed general insurance agent in the adjustment of a first party claim, where
(i) the value of the claim is less than the amount prescribed in the regulations,
(ii) the claim arises under a policy that was sold by the agent or by an agency of which the agent is a member, and
(iii) the agent or agency has received authorization to act as an adjuster from the insurer that issued the policy.
Section 19 of the Insurance Agents and Adjusters Regulation under The Insurance Act (Manitoba) provides that:
19. For the purpose of subsection 385(9)(f)(i) of the Act, the prescribed amount is $5,000.
5. Does every corporation or partnership acting as an insurance claims adjuster need to be licensed?
No, the Insurance Council of Manitoba does not issue adjuster licences to corporations or partnerships.
6. Can a licensed insurance agent adjust claims without being licensed as a claims adjuster?
Yes, but only if the claim is under $5,000, the claim is a first party claim, the claim arises under a policy sold by the agent and the agent is authorized to act as an adjuster by the insurer that issued the policy.
Section 385(9) of The Insurance Act (Manitoba) provides that section 385 does not apply to…
(f) a licensed general insurance agent in the adjustment of a first party claim, where
(i) the value of the claim is less than the amount prescribed in the regulations,
(ii) the claim arises under a policy that was sold by the agent or by an agency of which the agent is a member, and
(iii) the agent or agency has received authorization to act as an adjuster from the insurer that issued the policy.
Section 19 of the Insurance Agents and Adjusters Regulation under The Insurance Act (Manitoba) provides that:
19. For the purpose of subsection 385(9)(f)(i) of the Act, the prescribed amount is $5,000.
Section 385(9) of The Insurance Act (Manitoba) provides that section 385 does not apply to…
(f) a licensed general insurance agent in the adjustment of a first party claim, where
(i) the value of the claim is less than the amount prescribed in the regulations,
(ii) the claim arises under a policy that was sold by the agent or by an agency of which the agent is a member, and
(iii) the agent or agency has received authorization to act as an adjuster from the insurer that issued the policy.
Section 19 of the Insurance Agents and Adjusters Regulation under The Insurance Act (Manitoba) provides that:
19. For the purpose of subsection 385(9)(f)(i) of the Act, the prescribed amount is $5,000.
7. Can an employee of a licensed insurer adjust claims under contracts issued by such insurer without being licensed as a claims adjuster?
Yes. Section 385(9) of The Insurance Act (Manitoba) provides that section 385 does not apply to…
(c) a person who makes or assists in making an adjustment and who
(i) is a salaried employee of an insurer licensed under this Act; or
(ii) is the manager or branch manager of an insurer licensed under this Act and who is in charge of the head office or branch office of the insurer in the province;
and who, in either case, is acting for that insurer…
(c) a person who makes or assists in making an adjustment and who
(i) is a salaried employee of an insurer licensed under this Act; or
(ii) is the manager or branch manager of an insurer licensed under this Act and who is in charge of the head office or branch office of the insurer in the province;
and who, in either case, is acting for that insurer…
8. Which jurisdictions issue restricted claims adjuster licences?
N/A
1. Under what legislation are insurance claims adjusters required to be licensed?
Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador), sections 4 and 45.
2. What are the legislative definitions of an “insurance claims adjuster”?
“Adjuster” is defined in section 2 of the Insurance Adjusters, Agents and Brokers Act
(Newfoundland and Labrador) as follows:
"adjuster" means a natural person who,
(i) for compensation or otherwise, directly or indirectly solicits the right to investigate a loss, assess damages, negotiate the settlement of a resultant claim for an insurer, self-insurer, claimant or insured under a contract of insurance or surety insurance or assumed liability instead of those contracts,
(ii) for compensation or otherwise, holds himself or herself out to a claimant or an insured as an adjuster, investigator, consultant, or adviser with respect to the settlement of losses or claims referred to in subparagraph (i),
(iii) for compensation or otherwise, in direct contact with a claimant or an insured, holds himself or herself out as an adjuster, assessor, investigator, consultant or adviser with respect to the settlement of losses or claims referred to in subparagraph (i), or
(iv) for compensation or otherwise, in direct contact with a claimant or an insured, investigates a loss, assesses damage, negotiates the settlement for losses or claims referred to in subparagraph (i)
but does not include a person referred to in section 3.
Section 3 of the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) provides that:
3. The provisions of this Act relating to adjusters and adjustment companies do not apply to
(a) a barrister or solicitor who is practising in the province and who is acting in the usual course of his or her profession;
(b) a liquidator or trustee in bankruptcy, in the performance of his or her duties;
(c) a testamentary executor, director, trustee or fiduciary, in the performance of his or her duties;
(d) a person who is employed as an appraiser, engineer or other expert who is employed solely for the purpose of giving expert advice or evidence;
(e) members of a police force, fire department or fire commissioner's office in the performance of their duties; and
(f) those classes of insurance, persons or claims exempted by the regulations.
Section 19 of the Insurance Adjusters, Agents and Brokers Regulations to the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) provides that:
19. The provisions of the Act and these regulations do not apply to a person adjusting or dealing solely with claims
(a) under a contract of aircraft insurance;
(b) under a contract of marine insurance;
(c) under a contract of life insurance;
(d) under a contract of accident insurance, sickness insurance or accident and sickness insurance;
(e) under a contract of automobile insurance, provided that total property damage incurred by all parties does not exceed $1,500 and the claim does not involve
(i) bodily injury,
(ii) salvage,
(iii) subrogation,
(iv) fraud,
(v) dispute as to coverage,
(vi) dispute as to liability,
(vii) total loss of a vehicle, or
(viii) breach of a statute;
(f) under a contract of property or liability insurance, provided that total damage incurred by all parties does not exceed $1,500 and the claim does not involve
(i) bodily injury,
(ii) salvage,
(iii) subrogation,
(iv) fraud,
(v) dispute as to coverage,
(vi) dispute as to liability,
(vii) breach of a statute, and
(g) arising as a result of a catastrophic event where, in the opinion of the superintendent, the number of adjusters licensed under the Act does not facilitate the timely adjusting of losses arising from the catastrophe.
"adjuster" means a natural person who,
(i) for compensation or otherwise, directly or indirectly solicits the right to investigate a loss, assess damages, negotiate the settlement of a resultant claim for an insurer, self-insurer, claimant or insured under a contract of insurance or surety insurance or assumed liability instead of those contracts,
(ii) for compensation or otherwise, holds himself or herself out to a claimant or an insured as an adjuster, investigator, consultant, or adviser with respect to the settlement of losses or claims referred to in subparagraph (i),
(iii) for compensation or otherwise, in direct contact with a claimant or an insured, holds himself or herself out as an adjuster, assessor, investigator, consultant or adviser with respect to the settlement of losses or claims referred to in subparagraph (i), or
(iv) for compensation or otherwise, in direct contact with a claimant or an insured, investigates a loss, assesses damage, negotiates the settlement for losses or claims referred to in subparagraph (i)
but does not include a person referred to in section 3.
Section 3 of the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) provides that:
3. The provisions of this Act relating to adjusters and adjustment companies do not apply to
(a) a barrister or solicitor who is practising in the province and who is acting in the usual course of his or her profession;
(b) a liquidator or trustee in bankruptcy, in the performance of his or her duties;
(c) a testamentary executor, director, trustee or fiduciary, in the performance of his or her duties;
(d) a person who is employed as an appraiser, engineer or other expert who is employed solely for the purpose of giving expert advice or evidence;
(e) members of a police force, fire department or fire commissioner's office in the performance of their duties; and
(f) those classes of insurance, persons or claims exempted by the regulations.
Section 19 of the Insurance Adjusters, Agents and Brokers Regulations to the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) provides that:
19. The provisions of the Act and these regulations do not apply to a person adjusting or dealing solely with claims
(a) under a contract of aircraft insurance;
(b) under a contract of marine insurance;
(c) under a contract of life insurance;
(d) under a contract of accident insurance, sickness insurance or accident and sickness insurance;
(e) under a contract of automobile insurance, provided that total property damage incurred by all parties does not exceed $1,500 and the claim does not involve
(i) bodily injury,
(ii) salvage,
(iii) subrogation,
(iv) fraud,
(v) dispute as to coverage,
(vi) dispute as to liability,
(vii) total loss of a vehicle, or
(viii) breach of a statute;
(f) under a contract of property or liability insurance, provided that total damage incurred by all parties does not exceed $1,500 and the claim does not involve
(i) bodily injury,
(ii) salvage,
(iii) subrogation,
(iv) fraud,
(v) dispute as to coverage,
(vi) dispute as to liability,
(vii) breach of a statute, and
(g) arising as a result of a catastrophic event where, in the opinion of the superintendent, the number of adjusters licensed under the Act does not facilitate the timely adjusting of losses arising from the catastrophe.
3. Is every individual acting as an insurance claims adjuster required to be licensed?
Yes. Section 45 (1) of the Insurance Adjusters, Agents And Brokers Act (Newfoundland and Labrador) provides that:
45. A natural person
(a) who not being the holder of a licence; or
(b) who while his or her licence is suspended, acts as or represents or holds himself or herself out to be an adjuster, representative or student, or
(c) who, being the holder of a licence which is in force, by any means acts as or represents or holds himself or herself out to be an adjuster, representative or student in a name other than that stated in his or her licence,
is guilty of an offence.
45. A natural person
(a) who not being the holder of a licence; or
(b) who while his or her licence is suspended, acts as or represents or holds himself or herself out to be an adjuster, representative or student, or
(c) who, being the holder of a licence which is in force, by any means acts as or represents or holds himself or herself out to be an adjuster, representative or student in a name other than that stated in his or her licence,
is guilty of an offence.
4. What exceptions are there to the requirements for an insurance claims adjuster to be licensed?
Section 3 of the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) provides that the provisions of this Act relating to adjusters and adjustment companies do not apply to:
3.(a) a barrister or solicitor who is practising in the province and who is acting in the usual course of his or her profession;
(b) a liquidator or trustee in bankruptcy, in the performance of his or her duties;
(c) a testamentary executor, director, trustee or fiduciary, in the performance of his or her duties;
(d) a person who is employed as an appraiser, engineer or other expert who is employed solely for the purpose of giving expert advice or evidence;
(e) members of a police force, fire department or fire commissioner's office in the performance of their duties; and
(f) those classes of insurance, persons or claims exempted by the regulations.
Section 19 of the Insurance Adjusters, Agents and Brokers Regulations to the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) provides that:
19. The provisions of the Act and these regulations do not apply to a person adjusting or dealing solely with claims
(a) under a contract of aircraft insurance;
(b) under a contract of marine insurance;
(c) under a contract of life insurance;
(d) under a contract of accident insurance, sickness insurance or accident and sickness insurance;
(e) under a contract of automobile insurance, provided that total property damage incurred by all parties does not exceed $1,500 and the claim does not involve
(i) bodily injury,
(ii) salvage,
(iii) subrogation,
(iv) fraud,
(v) dispute as to coverage,
(vi) dispute as to liability,
(vii) total loss of a vehicle, or
(viii) breach of a statute;
(f) under a contract of property or liability insurance, provided that total damage incurred by all parties does not exceed $1,500 and the claim does not involve
(i) bodily injury,
(ii) salvage,
(iii) subrogation,
(iv) fraud,
(v) dispute as to coverage,
(vi) dispute as to liability,
(vii) breach of a statute, and
(g) arising as a result of a catastrophic event where, in the opinion of the superintendent, the number of adjusters licensed under the Act does not facilitate the timely adjusting of losses arising from the catastrophe.
3.(a) a barrister or solicitor who is practising in the province and who is acting in the usual course of his or her profession;
(b) a liquidator or trustee in bankruptcy, in the performance of his or her duties;
(c) a testamentary executor, director, trustee or fiduciary, in the performance of his or her duties;
(d) a person who is employed as an appraiser, engineer or other expert who is employed solely for the purpose of giving expert advice or evidence;
(e) members of a police force, fire department or fire commissioner's office in the performance of their duties; and
(f) those classes of insurance, persons or claims exempted by the regulations.
Section 19 of the Insurance Adjusters, Agents and Brokers Regulations to the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) provides that:
19. The provisions of the Act and these regulations do not apply to a person adjusting or dealing solely with claims
(a) under a contract of aircraft insurance;
(b) under a contract of marine insurance;
(c) under a contract of life insurance;
(d) under a contract of accident insurance, sickness insurance or accident and sickness insurance;
(e) under a contract of automobile insurance, provided that total property damage incurred by all parties does not exceed $1,500 and the claim does not involve
(i) bodily injury,
(ii) salvage,
(iii) subrogation,
(iv) fraud,
(v) dispute as to coverage,
(vi) dispute as to liability,
(vii) total loss of a vehicle, or
(viii) breach of a statute;
(f) under a contract of property or liability insurance, provided that total damage incurred by all parties does not exceed $1,500 and the claim does not involve
(i) bodily injury,
(ii) salvage,
(iii) subrogation,
(iv) fraud,
(v) dispute as to coverage,
(vi) dispute as to liability,
(vii) breach of a statute, and
(g) arising as a result of a catastrophic event where, in the opinion of the superintendent, the number of adjusters licensed under the Act does not facilitate the timely adjusting of losses arising from the catastrophe.
5. Does every corporation or partnership acting as an insurance claims adjuster need to be licensed?
Yes. Section 9 of the Insurance Adjusters, Agents and Brokers Act (Newfoundland and Labrador) provides that:
9. (1) A partnership or corporation may, in accordance with this Act, apply for an adjustment company licence, an agent's licence or a broker's licence.
(2) All officers, partners or employees who act under an adjustment company's licence, an agent's licence or a broker's licence shall be individually licensed.
(3) An adjustment company licence, an agent's licence or a broker's licence may be issued to a corporation that is incorporated expressly for the purpose of acting as an adjustment company, agent or broker or for that and those purposes that the superintendent expressly approves of and where the corporation has been incorporated under the Corporations Act, the articles of incorporation shall have been approved by the superintendent before incorporation.
9. (1) A partnership or corporation may, in accordance with this Act, apply for an adjustment company licence, an agent's licence or a broker's licence.
(2) All officers, partners or employees who act under an adjustment company's licence, an agent's licence or a broker's licence shall be individually licensed.
(3) An adjustment company licence, an agent's licence or a broker's licence may be issued to a corporation that is incorporated expressly for the purpose of acting as an adjustment company, agent or broker or for that and those purposes that the superintendent expressly approves of and where the corporation has been incorporated under the Corporations Act, the articles of incorporation shall have been approved by the superintendent before incorporation.
6. Can a licensed insurance agent adjust claims without being licensed as a claims adjuster?
No. There is no specific exemption for licensed insurance agents.
7. Can an employee of a licensed insurer adjust claims under contracts issued by such insurer without being licensed as a claims adjuster?
No. There is no specific exemption for the employees of a licensed insurer.
8. Which jurisdictions issue restricted claims adjuster licences?
N/A
1. Under what legislation are insurance claims adjusters required to be licensed?
Insurance Act (New Brunswick), Part XV, sections 351 and 362.
2. What are the legislative definitions of an “insurance claims adjuster”?
“Adjuster” is defined in section 1 of the Insurance Act (New Brunswick) as follows:
“adjuster” means a person who, for compensation, not being a barrister or solicitor acting in the usual course of his profession or a trustee or an agent of the property insured, directly or indirectly solicits the right to negotiate the settlement of a loss under a contract of insurance on behalf of the insured or the insurer, or holds himself out as an adjuster of losses under such contracts.
“adjuster” means a person who, for compensation, not being a barrister or solicitor acting in the usual course of his profession or a trustee or an agent of the property insured, directly or indirectly solicits the right to negotiate the settlement of a loss under a contract of insurance on behalf of the insured or the insurer, or holds himself out as an adjuster of losses under such contracts.
3. Is every individual acting as an insurance claims adjuster required to be licensed?
Yes. Sections 351 and 362 of the Insurance Act (New Brunswick) provide that:
351. No person shall act or offer or undertake to act or represent himself as an insurance agent, broker, adjuster or damage appraiser in this Province unless he holds a subsisting licence issued under this Act or is otherwise authorized to do so under this Act.
362. Any person who not being duly licensed as an agent, broker, adjuster or damage appraiser represents or holds himself out to the public as being such an agent, broker, adjuster or damage appraiser or as being engaged in the insurance business, by means of advertisements, cards, circulars, letterheads, signs or other methods or, being duly licensed as such agent, broker, adjuster or damage appraiser advertises as aforesaid or carries on such business in any other name than that stated in the licence is guilty of an offence.
351. No person shall act or offer or undertake to act or represent himself as an insurance agent, broker, adjuster or damage appraiser in this Province unless he holds a subsisting licence issued under this Act or is otherwise authorized to do so under this Act.
362. Any person who not being duly licensed as an agent, broker, adjuster or damage appraiser represents or holds himself out to the public as being such an agent, broker, adjuster or damage appraiser or as being engaged in the insurance business, by means of advertisements, cards, circulars, letterheads, signs or other methods or, being duly licensed as such agent, broker, adjuster or damage appraiser advertises as aforesaid or carries on such business in any other name than that stated in the licence is guilty of an offence.
4. What exceptions are there to the requirements for an insurance claims adjuster to be licensed?
The definition of “Adjuster” in section 1 of the Insurance Act (New Brunswick) provides that an adjuster does not include:
…a barrister or solicitor acting in the usual course of his profession or a trustee or an agent of the property insured...
…a barrister or solicitor acting in the usual course of his profession or a trustee or an agent of the property insured...
5. Does every corporation or partnership acting as an insurance claims adjuster need to be licensed?
No, the Superintendent of Insurance does not issue adjuster licences to corporations or partnerships.
6. Can a licensed insurance agent adjust claims without being licensed as a claims adjuster?
No. There is no specific exemption for licensed insurance agents.
7. Can an employee of a licensed insurer adjust claims under contracts issued by such insurer without being licensed as a claims adjuster?
No. There is no specific exemption for the employees of a licensed insurer.
8. Which jurisdictions issue restricted claims adjuster licences?
N/A
1. Under what legislation are insurance claims adjusters required to be licensed?
Insurance Act (Northwest Territories), Part IX, sections 228(1) and 230(1).
2. What are the legislative definitions of an “insurance claims adjuster”?
“Adjuster” is defined in section 1 of the Insurance Act (Northwest Territories) as follows:
"adjuster" means a person who,
(a) on behalf of an insurer or an insured, for compensation, directly or indirectly solicits the right to negotiate the settlement of or investigate a loss or claim under a contract or a fidelity, surety or guaranty bond issued by an insurer, or investigates, adjusts or settles any such loss or claim, or
(b) holds himself or herself out as an adjuster, investigator, consultant or adviser with respect to the settlement of such losses or claims,
but does not include,
(c) a barrister or solicitor acting in the course of that profession,
(d) a trustee or agent of the property insured,
(e) a salaried employee of a licensed insurer while acting on behalf of the licensed insurer in the adjustment of losses,
(f) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(g) a person who acts as an adjuster of marine losses only.
"adjuster" means a person who,
(a) on behalf of an insurer or an insured, for compensation, directly or indirectly solicits the right to negotiate the settlement of or investigate a loss or claim under a contract or a fidelity, surety or guaranty bond issued by an insurer, or investigates, adjusts or settles any such loss or claim, or
(b) holds himself or herself out as an adjuster, investigator, consultant or adviser with respect to the settlement of such losses or claims,
but does not include,
(c) a barrister or solicitor acting in the course of that profession,
(d) a trustee or agent of the property insured,
(e) a salaried employee of a licensed insurer while acting on behalf of the licensed insurer in the adjustment of losses,
(f) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(g) a person who acts as an adjuster of marine losses only.
3. Is every individual acting as an insurance claims adjuster required to be licensed?
Yes. Sections 228(1) and 230(1) of the Insurance Act (Northwest Territories) provide that:
228. (1) The Superintendent may, on the payment of insurance the prescribed fee, issue to any suitable person a licence to act as an adjuster, but a person licensed as an insurance agent or broker under this Part shall not receive a licence to act as an insurance adjuster.
230. (1) Every person is guilty of an offence who
(a) not being duly licensed as an agent, broker or adjuster, represents or holds himself or herself out to the public as being such an agent, broker or adjuster, or as being engaged in the insurance business by means of advertisements, cards, circulars, letterheads, signs or other methods; or
(b) being duly licensed as an agent, broker or adjuster, advertises as described in paragraph (a), or carries on such business in any other name than that stated in the licence.
228. (1) The Superintendent may, on the payment of insurance the prescribed fee, issue to any suitable person a licence to act as an adjuster, but a person licensed as an insurance agent or broker under this Part shall not receive a licence to act as an insurance adjuster.
230. (1) Every person is guilty of an offence who
(a) not being duly licensed as an agent, broker or adjuster, represents or holds himself or herself out to the public as being such an agent, broker or adjuster, or as being engaged in the insurance business by means of advertisements, cards, circulars, letterheads, signs or other methods; or
(b) being duly licensed as an agent, broker or adjuster, advertises as described in paragraph (a), or carries on such business in any other name than that stated in the licence.
4. What exceptions are there to the requirements for an insurance claims adjuster to be licensed?
The definition of “Adjuster” in section 1 of the Insurance Act (Northwest Territories) provides that an adjuster does not include:
(a) a barrister or solicitor acting in the usual course of that profession,
(b) a trustee or agent of the property insured,
(c) a salaried employee of a licensed insurer while acting on behalf of the licensed insurer in the adjustment of losses,
(d) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(e) a person who acts as an adjuster of marine losses only.
(a) a barrister or solicitor acting in the usual course of that profession,
(b) a trustee or agent of the property insured,
(c) a salaried employee of a licensed insurer while acting on behalf of the licensed insurer in the adjustment of losses,
(d) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(e) a person who acts as an adjuster of marine losses only.
5. Does every corporation or partnership acting as an insurance claims adjuster need to be licensed?
No, the Superintendent of Insurance does not issue adjuster insurance agent or broker licences to corporations or partnerships.
6. Can a licensed insurance agent adjust claims without being licensed as a claims adjuster?
No. There is no specific exemption for licensed insurance agents.
7. Can an employee of a licensed insurer adjust claims under contracts issued by such insurer without being licensed as a claims adjuster?
Yes. The definition of “Adjuster” in section 1 of the Insurance Act (Northwest Territories) provides that
an adjuster does not include…
(e) a salaried employee of a licensed insurer while acting on behalf of the licensed insurer in the adjustment of losses…
an adjuster does not include…
(e) a salaried employee of a licensed insurer while acting on behalf of the licensed insurer in the adjustment of losses…
8. Which jurisdictions issue restricted claims adjuster licences?
N/A
1. Under what legislation are insurance claims adjusters required to be licensed?
Insurance Act, Part III, sections 53 and 57.
2. What are the legislative definitions of an “insurance claims adjuster”?
“Adjuster” is defined in section 3 of the Insurance Act (Nova Scotia) as follows:
“adjuster” means a person who
(i) on behalf of an insurer or an insured, for compensation, directly or indirectly solicits the right to negotiate the settlement of or investigate a loss or claim under a contract or a fidelity, surety or guarantee bond issued by an insurer, or investigates, adjusts or settles any such loss or claim, or
(ii) holds himself out as an adjuster, investigator, consultant or adviser with respect to the settlement of such losses or claims, but does not include
(iii) a barrister or solicitor acting in the usual course of his profession,
(iv) a trustee or agent of the property insured,
(v) a licensed agent or a salaried employee of an insurer licensed pursuant to Section 6 to carry on the business of insurance in the Province while acting on behalf of such insurer in the adjustment of losses,
(vi) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(vii) a person who acts as an adjuster of marine losses only.
“adjuster” means a person who
(i) on behalf of an insurer or an insured, for compensation, directly or indirectly solicits the right to negotiate the settlement of or investigate a loss or claim under a contract or a fidelity, surety or guarantee bond issued by an insurer, or investigates, adjusts or settles any such loss or claim, or
(ii) holds himself out as an adjuster, investigator, consultant or adviser with respect to the settlement of such losses or claims, but does not include
(iii) a barrister or solicitor acting in the usual course of his profession,
(iv) a trustee or agent of the property insured,
(v) a licensed agent or a salaried employee of an insurer licensed pursuant to Section 6 to carry on the business of insurance in the Province while acting on behalf of such insurer in the adjustment of losses,
(vi) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(vii) a person who acts as an adjuster of marine losses only.
3. Is every individual acting as an insurance claims adjuster required to be licensed?
Yes. Sections 53(1) and 57 of the Insurance Act (Nova Scotia) provide that:
53. (1) Subject to Section 56, the Superintendent may issue to any person a license authorizing the person to act as an adjuster upon
(a) the filing of an application in the form prescribed by the Superintendent;
(b) payment of the fee prescribed by the regulations; and
(c) successful completion of courses or examinations, or both, as prescribed by the regulations.
57. (1) No person shall either on his own account or as a member or representative of a partnership or corporation, act or offer to undertake to act, as an adjuster or probationary adjuster unless he is the holder of a license that is in force.
(2) Subject to subsection (3), unless he holds an adjuster's license that is in force no person shall, on behalf of himself or any other person, directly or indirectly
(a) solicit the right to negotiate or negotiate or attempt to negotiate, for compensation, the settlement of a claim for loss or damage arising out of a motor vehicle accident resulting from bodily injury to or death of any person or damage to property on behalf of a claimant; or
(b) hold himself out as an adjuster, investigator, consultant or otherwise as an adviser, on behalf of any person having a claim against an insured for which indemnity is provided by a motor vehicle liability policy…
53. (1) Subject to Section 56, the Superintendent may issue to any person a license authorizing the person to act as an adjuster upon
(a) the filing of an application in the form prescribed by the Superintendent;
(b) payment of the fee prescribed by the regulations; and
(c) successful completion of courses or examinations, or both, as prescribed by the regulations.
57. (1) No person shall either on his own account or as a member or representative of a partnership or corporation, act or offer to undertake to act, as an adjuster or probationary adjuster unless he is the holder of a license that is in force.
(2) Subject to subsection (3), unless he holds an adjuster's license that is in force no person shall, on behalf of himself or any other person, directly or indirectly
(a) solicit the right to negotiate or negotiate or attempt to negotiate, for compensation, the settlement of a claim for loss or damage arising out of a motor vehicle accident resulting from bodily injury to or death of any person or damage to property on behalf of a claimant; or
(b) hold himself out as an adjuster, investigator, consultant or otherwise as an adviser, on behalf of any person having a claim against an insured for which indemnity is provided by a motor vehicle liability policy…
4. What exceptions are there to the requirements for an insurance claims adjuster to be licensed?
The definition of “Adjuster” in section 3 of the Insurance Act (Nova Scotia) provides that an adjuster does not include:
(iii) a barrister or solicitor acting in the usual course of his profession,
(iv) a trustee or agent of the property insured,
(v) a licensed agent or a salaried employee of an insurer licensed pursuant to Section 6 to carry on the business of insurance in the province while acting on behalf of such insurer in the adjustment of losses,
(vi) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(vii) a person who acts as an adjuster of marine losses only.
(iii) a barrister or solicitor acting in the usual course of his profession,
(iv) a trustee or agent of the property insured,
(v) a licensed agent or a salaried employee of an insurer licensed pursuant to Section 6 to carry on the business of insurance in the province while acting on behalf of such insurer in the adjustment of losses,
(vi) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(vii) a person who acts as an adjuster of marine losses only.
5. Does every corporation or partnership acting as an insurance claims adjuster need to be licensed?
Yes. Section 53(3) of the Insurance Act (Nova Scotia) provides that:
53. (3) A license issued to a partnership or corporation shall be issued in the name of the partnership or corporation.
53. (3) A license issued to a partnership or corporation shall be issued in the name of the partnership or corporation.
6. Can a licensed insurance agent adjust claims without being licensed as a claims adjuster?
No. There is no specific exemption for licensed insurance agents.
7. Can an employee of a licensed insurer adjust claims under contracts issued by such insurer without being licensed as a claims adjuster?
Yes. The definition of “Adjuster” in section 3 of the Insurance Act (Nova Scotia) provides that an adjuster does not include…
(v) a licensed agent or a salaried employee of an insurer licensed pursuant to Section 6 to carry on the business of insurance in the Province while acting on behalf of such insurer in the adjustment of losses…
(v) a licensed agent or a salaried employee of an insurer licensed pursuant to Section 6 to carry on the business of insurance in the Province while acting on behalf of such insurer in the adjustment of losses…
8. Which jurisdictions issue restricted claims adjuster licences?
N/A
1. Under what legislation are insurance claims adjusters required to be licensed?
Insurance Act (Nunavut), Part IX, sections 228 and 230(1).
2. What are the legislative definitions of an “insurance claims adjuster”?
“Adjuster” is defined in section 1 of the Insurance Act (Nunavut) as follows:
"adjuster" means a person who,
(a) on behalf of an insurer or an insured, for compensation, directly or indirectly solicits the right to negotiate the settlement of or investigate a loss or claim under a contract or a fidelity, surety or guaranty bond issued by an insurer, or investigates, adjusts or settles any such loss or claim, or
(b) holds himself or herself out as an adjuster, investigator, consultant or adviser with respect to the settlement of such losses or claims,
but does not include,
(c) a barrister or solicitor acting in the usual course of that profession,
(d) a trustee or agent of the property insured,
(e) a salaried employee of a licensed insurer while acting on behalf of the licensed insurer in the adjustment of losses,
(f) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(g) a person who acts as an adjuster of marine losses only.
"adjuster" means a person who,
(a) on behalf of an insurer or an insured, for compensation, directly or indirectly solicits the right to negotiate the settlement of or investigate a loss or claim under a contract or a fidelity, surety or guaranty bond issued by an insurer, or investigates, adjusts or settles any such loss or claim, or
(b) holds himself or herself out as an adjuster, investigator, consultant or adviser with respect to the settlement of such losses or claims,
but does not include,
(c) a barrister or solicitor acting in the usual course of that profession,
(d) a trustee or agent of the property insured,
(e) a salaried employee of a licensed insurer while acting on behalf of the licensed insurer in the adjustment of losses,
(f) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(g) a person who acts as an adjuster of marine losses only.
3. Is every individual acting as an insurance claims adjuster required to be licensed?
Yes. Sections 228(1) and 230(1) of the Insurance Act (Nunavut) provide that:
228. (1) The Superintendent may, on the payment of the prescribed fee, issue to any suitable person a licence to act as an adjuster, but a person licensed as an insurance agent or broker under this Part shall not receive a licence to act as an insurance adjuster.
230. (1) Every person is guilty of an offence who
(a) not being duly licensed as an agent, broker or adjuster, represents or holds himself or herself out to the public as being such an agent, broker or adjuster, or as being engaged in the insurance business by means of advertisements, cards, circulars, letterheads, signs or other methods; or
(b) being duly licensed as an agent, broker or adjuster, advertises as described in paragraph (a), or carries on such business in any other name than that stated in the licence.
228. (1) The Superintendent may, on the payment of the prescribed fee, issue to any suitable person a licence to act as an adjuster, but a person licensed as an insurance agent or broker under this Part shall not receive a licence to act as an insurance adjuster.
230. (1) Every person is guilty of an offence who
(a) not being duly licensed as an agent, broker or adjuster, represents or holds himself or herself out to the public as being such an agent, broker or adjuster, or as being engaged in the insurance business by means of advertisements, cards, circulars, letterheads, signs or other methods; or
(b) being duly licensed as an agent, broker or adjuster, advertises as described in paragraph (a), or carries on such business in any other name than that stated in the licence.
4. What exceptions are there to the requirements for an insurance claims adjuster to be licensed?
The definition of “Adjuster” in section 1 of the Insurance Act (Nunavut) provides that an adjuster does not include:
(a) a barrister or solicitor acting in the usual course of that profession,
(b) a trustee or agent of the property insured,
(c) a salaried employee of a licensed insurer while acting on behalf of the licensed insurer in the adjustment of losses,
(d) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(e) a person who acts as an adjuster of marine losses only.
(a) a barrister or solicitor acting in the usual course of that profession,
(b) a trustee or agent of the property insured,
(c) a salaried employee of a licensed insurer while acting on behalf of the licensed insurer in the adjustment of losses,
(d) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(e) a person who acts as an adjuster of marine losses only.
5. Does every corporation or partnership acting as an insurance claims adjuster need to be licensed?
No, the Superintendent of Insurance does not issue adjuster licences to corporations or partnerships.
6. Can a licensed insurance agent adjust claims without being licensed as a claims adjuster?
The definition of “Adjuster” in section 1 of the Insurance Act (Nunavut) provides that an adjuster does not include…
(e) a salaried employee of a licensed insurer while acting on behalf of the licensed insurer in the adjustment of losses,
(e) a salaried employee of a licensed insurer while acting on behalf of the licensed insurer in the adjustment of losses,
7. Can an employee of a licensed insurer adjust claims under contracts issued by such insurer without being licensed as a claims adjuster?
Yes. The definition of “Adjuster” in section 1 of the Insurance Act (Nunavut) provides that an adjuster does not include…
(e) a salaried employee of a licensed insurer while acting on behalf of the licensed insurer in the adjustment of losses…
(e) a salaried employee of a licensed insurer while acting on behalf of the licensed insurer in the adjustment of losses…
8. Which jurisdictions issue restricted claims adjuster licences?
N/A
1. Under what legislation are insurance claims adjusters required to be licensed?
Insurance Act (Ontario), Part XIV, sections 397 and 401.
2. What are the legislative definitions of an “insurance claims adjuster”?
"Adjuster" is defined in section 1 of the Insurance Act (Ontario) as follows:
“adjuster” means a person who,
(a) on behalf of an insurer or an insured, for compensation, directly or indirectly solicits the right to negotiate the settlement of or investigate a loss or claim under a contract or a fidelity, surety or guaranty bond issued by an insurer, or investigates, adjusts or settles any such loss or claim, or
(b) holds himself, herself or itself out as an adjuster, investigator, consultant or adviser with respect to the settlement of such losses or claims,
but does not include,
(c) a barrister or solicitor acting in the usual course of the practice of law,
(d) a trustee or agent of the property insured,
(e) a salaried employee of a licensed insurer while acting on behalf of such insurer in the adjustment of losses,
(f) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(g) a person who acts as an adjuster of marine losses only.
“adjuster” means a person who,
(a) on behalf of an insurer or an insured, for compensation, directly or indirectly solicits the right to negotiate the settlement of or investigate a loss or claim under a contract or a fidelity, surety or guaranty bond issued by an insurer, or investigates, adjusts or settles any such loss or claim, or
(b) holds himself, herself or itself out as an adjuster, investigator, consultant or adviser with respect to the settlement of such losses or claims,
but does not include,
(c) a barrister or solicitor acting in the usual course of the practice of law,
(d) a trustee or agent of the property insured,
(e) a salaried employee of a licensed insurer while acting on behalf of such insurer in the adjustment of losses,
(f) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(g) a person who acts as an adjuster of marine losses only.
3. Is every individual acting as an insurance claims adjuster required to be licensed?
Yes. Sections 397 and 401 of the Insurance Act (Ontario) provide that:
397. (1) The Chief Executive Officer may, upon the payment of the fee established by the Minister and of any outstanding administrative penalty imposed under Part XVIII.1, issue to any suitable person a licence to act as an adjustor, but a person licensed as an insurance agent under this Part or an insurance broker under the Registered Insurance Brokers Act shall not receive a licence to act as an insurance adjuster.
401. A person who, not being duly licensed as an agent or adjuster, represents or holds himself, herself or itself out to the public as being such an agent or adjuster, or as being engaged in the insurance business by means of advertisements, cards, circulars, letterheads, signs, or other methods, or, being duly licensed as such agent or adjuster, advertises as aforesaid or carries on such business in any other name than that stated in the license, is guilty of an offence.
397. (1) The Chief Executive Officer may, upon the payment of the fee established by the Minister and of any outstanding administrative penalty imposed under Part XVIII.1, issue to any suitable person a licence to act as an adjustor, but a person licensed as an insurance agent under this Part or an insurance broker under the Registered Insurance Brokers Act shall not receive a licence to act as an insurance adjuster.
401. A person who, not being duly licensed as an agent or adjuster, represents or holds himself, herself or itself out to the public as being such an agent or adjuster, or as being engaged in the insurance business by means of advertisements, cards, circulars, letterheads, signs, or other methods, or, being duly licensed as such agent or adjuster, advertises as aforesaid or carries on such business in any other name than that stated in the license, is guilty of an offence.
4. What exceptions are there to the requirements for an insurance claims adjuster to be licensed?
The definition of "Adjuster" in section 1 of the Insurance Act (Ontario) provides that an adjuster does not include:
(c) a barrister or solicitor acting in the usual course of the practice of law,
(d) a trustee or agent of the property insured,
(e) a salaried employee of a licensed insurer while acting on behalf of such insurer in the adjustment of losses,
(f) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(g) a person who acts as an adjuster of marine losses only.
(c) a barrister or solicitor acting in the usual course of the practice of law,
(d) a trustee or agent of the property insured,
(e) a salaried employee of a licensed insurer while acting on behalf of such insurer in the adjustment of losses,
(f) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(g) a person who acts as an adjuster of marine losses only.
5. Does every corporation or partnership acting as an insurance claims adjuster need to be licensed?
Yes. Sections 399(1) and 400(1) and (6) of the Insurance Act (Ontario) provide that:
399. (1) A licence to act as an agent or an adjuster may be issued under section 392.4 or 397 to a partnership, except as otherwise provided in this section or the regulations.
400. (1) A licence to act as an agent or an adjuster may be issued under section 392.4 or 397 to a corporation, except as otherwise provided in this section or in the regulations…
(6) A corporation that holds a licence to act as an agent or adjuster, and every individual who is appointed to act as an agent or adjuster on behalf of and in the name of the corporation, is subject to the provisions of this Act that apply with respect to agents and adjusters.
399. (1) A licence to act as an agent or an adjuster may be issued under section 392.4 or 397 to a partnership, except as otherwise provided in this section or the regulations.
400. (1) A licence to act as an agent or an adjuster may be issued under section 392.4 or 397 to a corporation, except as otherwise provided in this section or in the regulations…
(6) A corporation that holds a licence to act as an agent or adjuster, and every individual who is appointed to act as an agent or adjuster on behalf of and in the name of the corporation, is subject to the provisions of this Act that apply with respect to agents and adjusters.
6. Can a licensed insurance agent adjust claims without being licensed as a claims adjuster?
No. There is no specific exemption for licensed insurance agents.
7. Can an employee of a licensed insurer adjust claims under contracts issued by such insurer without being licensed as a claims adjuster?
Yes. The definition of "Adjuster" in section 1 of the Insurance Act (Ontario) provides that an adjuster does not include…
(e) a salaried employee of a licensed insurer while acting on behalf of such insurer in the adjustment of losses…
(e) a salaried employee of a licensed insurer while acting on behalf of such insurer in the adjustment of losses…
8. Which jurisdictions issue restricted claims adjuster licences?
N/A
1. Under what legislation are insurance claims adjusters required to be licensed?
Insurance Act (Prince Edward Island), Part XVI, sections 359 and 370.
2. What are the legislative definitions of an “insurance claims adjuster”?
“Adjuster” is defined in section 1 of the Insurance Act (Prince Edward Island) as follows:
“adjuster” means a person who, for compensation, not being a barrister or solicitor acting in the usual course of his profession or a trustee or an agent of the property insured, directly or indirectly solicits the right to negotiate the settlement of a loss under a contract of insurance on behalf of the insured or the insurer, or holds himself out as an adjuster of losses under such contracts.
“adjuster” means a person who, for compensation, not being a barrister or solicitor acting in the usual course of his profession or a trustee or an agent of the property insured, directly or indirectly solicits the right to negotiate the settlement of a loss under a contract of insurance on behalf of the insured or the insurer, or holds himself out as an adjuster of losses under such contracts.
3. Is every individual acting as an insurance claims adjuster required to be licensed?
Yes. Sections 359(1) and 370 of the Insurance Act (Prince Edward Island) provide that:
359. (1) Subject to section 362, upon payment of a prescribed fee, the Superintendent may issue to any person who has complied with the requirements of this Part, a license authorizing the person to act as an adjuster.
370. Any person who, not being duly licensed as an agent, broker or adjuster, represents or holds himself out to the public as being such an agent, broker or adjuster, or as being engaged in the insurance business, by means of advertisements, cards, circulars, letterheads, signs or other methods, or being duly licensed as such agent, broker or adjuster advertises as aforesaid or carries on such business in any other name than that stated in the license, is guilty of an offence.
359. (1) Subject to section 362, upon payment of a prescribed fee, the Superintendent may issue to any person who has complied with the requirements of this Part, a license authorizing the person to act as an adjuster.
370. Any person who, not being duly licensed as an agent, broker or adjuster, represents or holds himself out to the public as being such an agent, broker or adjuster, or as being engaged in the insurance business, by means of advertisements, cards, circulars, letterheads, signs or other methods, or being duly licensed as such agent, broker or adjuster advertises as aforesaid or carries on such business in any other name than that stated in the license, is guilty of an offence.
4. What exceptions are there to the requirements for an insurance claims adjuster to be licensed?
The definition of “Adjuster” in section 1 of the Insurance Act (Prince Edward Island) provides that an adjuster does not include:
… a barrister or solicitor acting in the usual course of his profession or a trustee or an agent of the property insured...
Section 2 of the Insurance Adjusters Regulations under the Insurance Act (Prince Edward Island) provides that:
2. For the purposes of the Act and these regulations, the following persons are deemed not to be acting as adjusters in the circumstances indicated:
(a) a liquidator or trustee in bankruptcy who is acting in the performance of his or her duties;
(b) a testamentary executor, director, trustee or fiduciary who is acting in the performance of his or her duties;
(c) a person who is employed as an architect, appraiser, engineer or other expert who is employed solely for the purpose of giving expert advice or evidence; and
(d) a person who is adjusting or dealing solely with claims
(i) under a contract of marine insurance,
(ii) under a contract of aircraft insurance,
(iii) under a contract of life insurance, or
(iv) under a contract of accident insurance, sickness insurance or accident and sickness insurance.
… a barrister or solicitor acting in the usual course of his profession or a trustee or an agent of the property insured...
Section 2 of the Insurance Adjusters Regulations under the Insurance Act (Prince Edward Island) provides that:
2. For the purposes of the Act and these regulations, the following persons are deemed not to be acting as adjusters in the circumstances indicated:
(a) a liquidator or trustee in bankruptcy who is acting in the performance of his or her duties;
(b) a testamentary executor, director, trustee or fiduciary who is acting in the performance of his or her duties;
(c) a person who is employed as an architect, appraiser, engineer or other expert who is employed solely for the purpose of giving expert advice or evidence; and
(d) a person who is adjusting or dealing solely with claims
(i) under a contract of marine insurance,
(ii) under a contract of aircraft insurance,
(iii) under a contract of life insurance, or
(iv) under a contract of accident insurance, sickness insurance or accident and sickness insurance.
5. Does every corporation or partnership acting as an insurance claims adjuster need to be licensed?
No, the Superintendent of Insurance does not issue adjuster licences to corporations or partnerships.
6. Can a licensed insurance agent adjust claims without being licensed as a claims adjuster?
No. There is no specific exemption for licensed insurance agents.
7. Can an employee of a licensed insurer adjust claims under contracts issued by such insurer without being licensed as a claims adjuster?
No. There is no specific exemption for the employees of a licensed insurer.
8. Which jurisdictions issue restricted claims adjuster licences?
N/A
1. Under what legislation are insurance claims adjusters required to be licensed?
An Act Respecting The Distribution of Financial Products and Services (Quebec), section 44.
2. What are the legislative definitions of an “insurance claims adjuster”?
“Claims adjuster” is defined in section 10 of An Act Respecting The Distribution of Financial Products and Services (Quebec) as follows:
10. A claims adjuster is a natural person who, in the field of damage insurance, investigates insured losses, appraises damages and negotiates the settlement of claims.
The following are not claims adjusters:
(1) persons who, in pursuing activities in a field other than insurance, carry out one of the functions of a claims adjuster;
(2) natural persons who act as appraisers within the meaning of Title VI of the Automobile Insurance Act (Quebec).
10. A claims adjuster is a natural person who, in the field of damage insurance, investigates insured losses, appraises damages and negotiates the settlement of claims.
The following are not claims adjusters:
(1) persons who, in pursuing activities in a field other than insurance, carry out one of the functions of a claims adjuster;
(2) natural persons who act as appraisers within the meaning of Title VI of the Automobile Insurance Act (Quebec).
3. Is every individual acting as an insurance claims adjuster required to be licensed?
Yes. Section 44 of the An Act Respecting The Distribution of Financial Products and Services (Quebec) provides that:
44. No person may use the title of claims adjuster or an abbreviation of that title without holding the appropriate certificate issued by the Authority.
The same rule applies with regard to the titles similar to the title of claims adjuster, and the abbreviations of those titles, determined by regulation
44. No person may use the title of claims adjuster or an abbreviation of that title without holding the appropriate certificate issued by the Authority.
The same rule applies with regard to the titles similar to the title of claims adjuster, and the abbreviations of those titles, determined by regulation
4. What exceptions are there to the requirements for an insurance claims adjuster to be licensed?
Section 10 of An Act Respecting The Distribution of Financial Products and Services (Quebec) provides that:
10. The following are not claims adjusters:
(1) persons who, in pursuing activities in a field other than insurance, carry out one of the functions of a claims adjuster;
(2) natural persons who act as appraisers within the meaning of Title VI of the Automobile Insurance Act (Quebec).
10. The following are not claims adjusters:
(1) persons who, in pursuing activities in a field other than insurance, carry out one of the functions of a claims adjuster;
(2) natural persons who act as appraisers within the meaning of Title VI of the Automobile Insurance Act (Quebec).
5. Does every corporation or partnership acting as an insurance claims adjuster need to be licensed?
Every "legal person" (i.e. a corporation) that pursues the activities of an insurance representative (including a claims adjuster) must be registered pursuant to section 74 of An Act Respecting The Distribution of Financial Products and Services (Quebec):
74. The Authority shall register a legal person that meets the conditions established by this Act and the regulations and that provides the Authority, in the manner prescribed by regulation, with the information and documents relating to each representative through whom the legal person intends to pursue activities, for each sector for which it is applying for registration, together with any other information or documents prescribed by regulations.
74. The Authority shall register a legal person that meets the conditions established by this Act and the regulations and that provides the Authority, in the manner prescribed by regulation, with the information and documents relating to each representative through whom the legal person intends to pursue activities, for each sector for which it is applying for registration, together with any other information or documents prescribed by regulations.
6. Can a licensed insurance agent adjust claims without being licensed as a claims adjuster?
No. There is no specific exemption for licensed insurance agents.
7. Can an employee of a licensed insurer adjust claims under contracts issued by such insurer without being licensed as a claims adjuster?
No. There is no specific exemption for the employees of a licensed insurer.
8. Which jurisdictions issue restricted claims adjuster licences?
N/A
1. Under what legislation are insurance claims adjusters required to be licensed?
The Insurance Act (Saskatchewan), Part V, Division 3, Subdivision 1, section 5-42.
2. What are the legislative definitions of an “insurance claims adjuster”?
An "Adjuster" is defined in section 1-2(1) of the The Insurance Act(Saskatchewan) as follows:
“adjuster” means, subject to subsection (4), a person who, for compensation, through any medium does one or more of the following:
(a) directly or indirectly solicits the right to negotiate or investigate the settlement of a loss or claim under a contract of insurance on behalf of an insured or insurer;
(b) negotiates or investigates the settlement of a loss or claim under a contract of insurance on behalf of an insured or insurer;
(c) holds himself or herself out as an adjuster with respect to the settlement of any loss or claim mentioned in clause (a) or (b);
(d) assists a person with making a claim under an insurance policy or a contract of insurance.
“adjuster” means, subject to subsection (4), a person who, for compensation, through any medium does one or more of the following:
(a) directly or indirectly solicits the right to negotiate or investigate the settlement of a loss or claim under a contract of insurance on behalf of an insured or insurer;
(b) negotiates or investigates the settlement of a loss or claim under a contract of insurance on behalf of an insured or insurer;
(c) holds himself or herself out as an adjuster with respect to the settlement of any loss or claim mentioned in clause (a) or (b);
(d) assists a person with making a claim under an insurance policy or a contract of insurance.
3. Is every individual acting as an insurance claims adjuster required to be licensed?
Yes. Section 5-42 of The Insurance Act (Saskatchewan) provides that:
5-42. (2) No individual shall act or offer to act as an adjuster with respect to a contract of insurance unless:
(a) the individual:
(i) is an employee or independent contractor of a business or partner of a partnership that holds a valid adjuster’s licence; and
(ii) holds a valid adjuster’s licence for the class of insurance under which the contract of insurance falls;
5-42. (2) No individual shall act or offer to act as an adjuster with respect to a contract of insurance unless:
(a) the individual:
(i) is an employee or independent contractor of a business or partner of a partnership that holds a valid adjuster’s licence; and
(ii) holds a valid adjuster’s licence for the class of insurance under which the contract of insurance falls;
4. What exceptions are there to the requirements for an insurance claims adjuster to be licensed?
Section 1-2(4) of The Insurance Act (Saskatchewan) provides that:
For the purposes of the definition of “adjuster”, the following are not adjusters:
(a) a lawyer entitled to practise law in Saskatchewan with respect to activities that are undertaken in the course of, and are a part of, his or her practice of law;
(b) a trustee of property, or a registrant pursuant to The Real Estate Act, of an owner of or person having an insurable interest in property who negotiates a settlement of a loss or claim under a contract of insurance with respect to the property;
(c) a licensed insurer or a salaried employee of a licensed insurer while acting on behalf of that insurer in adjusting losses or claims;
(d) a salaried employee of an insured while acting on behalf of that insured in adjusting losses or claims;
(e) an insurance agent who investigates or negotiates the settlement of a loss or claim under a contract of insurance on behalf of an insured or insurer with respect to property up to a prescribed amount, excluding liability losses or claims;
(f) a person while acting under the direct authority and supervision of an adjuster, but only if the person does not:
(i) attempt to determine if the claim or loss is covered by an insurance contract;
(ii) transmit any insurance claim or loss documents to an insurer or adjuster; or
(iii) provide to an insured any advice or assistance with completing any insurance claim or loss documents;
(g) any other prescribed person.
Section 1-2(6) of The Insurance Regulation (Saskatchewan) to The Insurance Act (Saskatchewan) provides that:
For the purposes of clause 1-2(4)(g) of the Act, the following are not adjusters:
(a) a third party administrator that holds a valid third party administrator’s licence and is adjusting a policy that the third party administrator otherwise administers;
(b) a duly qualified medical practitioner who provides information to an insurer for the purposes of assisting a person with making a claim under an insurance policy or a contract of insurance;
(c) a licensed pharmacist as defined in The Pharmacy and Pharmacy Disciplines Act who provides information to an insurer for the purposes of assisting a person with making a claim under an insurance policy or a contract of insurance.
For the purposes of the definition of “adjuster”, the following are not adjusters:
(a) a lawyer entitled to practise law in Saskatchewan with respect to activities that are undertaken in the course of, and are a part of, his or her practice of law;
(b) a trustee of property, or a registrant pursuant to The Real Estate Act, of an owner of or person having an insurable interest in property who negotiates a settlement of a loss or claim under a contract of insurance with respect to the property;
(c) a licensed insurer or a salaried employee of a licensed insurer while acting on behalf of that insurer in adjusting losses or claims;
(d) a salaried employee of an insured while acting on behalf of that insured in adjusting losses or claims;
(e) an insurance agent who investigates or negotiates the settlement of a loss or claim under a contract of insurance on behalf of an insured or insurer with respect to property up to a prescribed amount, excluding liability losses or claims;
(f) a person while acting under the direct authority and supervision of an adjuster, but only if the person does not:
(i) attempt to determine if the claim or loss is covered by an insurance contract;
(ii) transmit any insurance claim or loss documents to an insurer or adjuster; or
(iii) provide to an insured any advice or assistance with completing any insurance claim or loss documents;
(g) any other prescribed person.
Section 1-2(6) of The Insurance Regulation (Saskatchewan) to The Insurance Act (Saskatchewan) provides that:
For the purposes of clause 1-2(4)(g) of the Act, the following are not adjusters:
(a) a third party administrator that holds a valid third party administrator’s licence and is adjusting a policy that the third party administrator otherwise administers;
(b) a duly qualified medical practitioner who provides information to an insurer for the purposes of assisting a person with making a claim under an insurance policy or a contract of insurance;
(c) a licensed pharmacist as defined in The Pharmacy and Pharmacy Disciplines Act who provides information to an insurer for the purposes of assisting a person with making a claim under an insurance policy or a contract of insurance.
5. Does every corporation or partnership acting as an insurance claims adjuster need to be licensed?
Section 5-42(1) of The Insurance Act (Saskatchewan) provides that:
5-42. (1) No business shall act or offer to act as an adjuster with respect to a contract of insurance unless:
(a) the business holds a valid adjuster’s licence; or
(b) all of the following apply:
(i) the business holds a valid insurance agent’s licence for the class of insurance under which the contract of insurance falls;
(ii) the licence mentioned in subclause (i) is not a restricted insurance agent’s licence;
(iii) the amount of the loss under the contract is less than the prescribed amount;
(iv) the business is the business that sold the contract of insurance.
Section 5-16 of The Insurance Regulation (Saskatchewan) to The Insurance Act (Saskatchewan) provides that:
5‑16 For the purposes of subclauses 5-42(1)(b)(iii) and (2)(b)(ii) of the Act, the amount is $10,000.
5-42. (1) No business shall act or offer to act as an adjuster with respect to a contract of insurance unless:
(a) the business holds a valid adjuster’s licence; or
(b) all of the following apply:
(i) the business holds a valid insurance agent’s licence for the class of insurance under which the contract of insurance falls;
(ii) the licence mentioned in subclause (i) is not a restricted insurance agent’s licence;
(iii) the amount of the loss under the contract is less than the prescribed amount;
(iv) the business is the business that sold the contract of insurance.
Section 5-16 of The Insurance Regulation (Saskatchewan) to The Insurance Act (Saskatchewan) provides that:
5‑16 For the purposes of subclauses 5-42(1)(b)(iii) and (2)(b)(ii) of the Act, the amount is $10,000.
6. Can a licensed insurance agent adjust claims without being licensed as a claims adjuster?
Yes. Section 15 of the Saskatchewan Insurance Regulations to The Saskatchewan Insurance Act provides that:
Section 447 of the Act does not apply to a licensed general insurance agent, or to a salaried employee of a licensed general insurance agent while acting on behalf of that licensed general agent, in the adjustment of losses.
Section 447 of the Act does not apply to a licensed general insurance agent, or to a salaried employee of a licensed general insurance agent while acting on behalf of that licensed general agent, in the adjustment of losses.
7. Can an employee of a licensed insurer adjust claims under contracts issued by such insurer without being licensed as a claims adjuster?
Yes. The definition of "Adjuster" is defined in The Saskatchewan Insurance Act provides that an adjuster does not include…
(iii) a salaried employee of a licensed insurer while acting on behalf of such insurer in the adjustment of losses…
(iii) a salaried employee of a licensed insurer while acting on behalf of such insurer in the adjustment of losses…
8. Which jurisdictions issue restricted claims adjuster licences?
N/A
1. Under what legislation are insurance claims adjusters required to be licensed?
Insurance Act (Yukon), Part 11, sections 241 and 243(1).
2. What are the legislative definitions of an “insurance claims adjuster”?
“Adjuster” is defined in the Insurance Act (Yukon) as follows:
“adjuster” means a person who,
(a) on behalf of an insurer or an insured, for compensation, directly or indirectly solicits for the right to negotiate the settlement of or investigate a loss or claim under a contract or a fidelity, surety, or guarantee bond issued by an insurer, or investigates, adjusts, or settles any such loss or claim, or
(b) holds themselves out as an adjuster, investigator, consultant, or advisor with respect to the settlement of those losses or claims,
but does not include
(c) a lawyer acting in the usual course of their profession,
(d) a trustee or agent of the property insured,
(e) a salaried employee of a licensed insurer while acting on behalf of that insurer in the adjustment of losses,
(f) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(g) a person who acts as an adjuster of marine losses only.
“adjuster” means a person who,
(a) on behalf of an insurer or an insured, for compensation, directly or indirectly solicits for the right to negotiate the settlement of or investigate a loss or claim under a contract or a fidelity, surety, or guarantee bond issued by an insurer, or investigates, adjusts, or settles any such loss or claim, or
(b) holds themselves out as an adjuster, investigator, consultant, or advisor with respect to the settlement of those losses or claims,
but does not include
(c) a lawyer acting in the usual course of their profession,
(d) a trustee or agent of the property insured,
(e) a salaried employee of a licensed insurer while acting on behalf of that insurer in the adjustment of losses,
(f) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(g) a person who acts as an adjuster of marine losses only.
3. Is every individual acting as an insurance claims adjuster required to be licensed?
Yes. Sections 241(1) and 243(1) of the Insurance Act (Yukon) provide that:
241. (1) The superintendent may, on the payment of the prescribed fee, issue to any suitable person a licence to act as an adjuster, but a person licensed as an insurance agent or broker under this Part shall not receive a licence to act as an insurance adjuster.
243. (1) A person who, not being duly licensed as an agent, broker, or adjuster, represents or holds themselves out to the public as being such an agent, broker, or adjuster, or as being engaged in the insurance business by advertisements, cards, circulars, letterheads, signs, or other methods, or being duly licensed as such an agent, broker, or adjuster advertises as aforesaid or carries on that business in any other name than that stated in the licence, is guilty of an offence.
241. (1) The superintendent may, on the payment of the prescribed fee, issue to any suitable person a licence to act as an adjuster, but a person licensed as an insurance agent or broker under this Part shall not receive a licence to act as an insurance adjuster.
243. (1) A person who, not being duly licensed as an agent, broker, or adjuster, represents or holds themselves out to the public as being such an agent, broker, or adjuster, or as being engaged in the insurance business by advertisements, cards, circulars, letterheads, signs, or other methods, or being duly licensed as such an agent, broker, or adjuster advertises as aforesaid or carries on that business in any other name than that stated in the licence, is guilty of an offence.
4. What exceptions are there to the requirements for an insurance claims adjuster to be licensed?
The definition of “Adjuster” is defined in the Insurance Act (Yukon) provides that an adjuster does not include:
(c) a lawyer acting in the usual course of their profession,
(d) a trustee or agent of the property insured,
(e) a salaried employee of a licensed insurer while acting on behalf of that insurer in the adjustment of losses,
(f) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(g) a person who acts as an adjuster of marine losses only.
(c) a lawyer acting in the usual course of their profession,
(d) a trustee or agent of the property insured,
(e) a salaried employee of a licensed insurer while acting on behalf of that insurer in the adjustment of losses,
(f) a person who is employed as an appraiser, engineer or other expert solely for the purpose of giving expert advice or evidence, or
(g) a person who acts as an adjuster of marine losses only.
5. Does every corporation or partnership acting as an insurance claims adjuster need to be licensed?
No, the Superintendent of Insurance does not issue adjuster licences to corporations or partnerships.
6. Can a licensed insurance agent adjust claims without being licensed as a claims adjuster?
No. There is no specific exemption for licensed insurance agents.
7. Can an employee of a licensed insurer adjust claims under contracts issued by such insurer without being licensed as a claims adjuster?
Yes. The definition of “Adjuster” is defined in the Insurance Act (Yukon) provides that an adjuster does not include…
(e) a salaried employee of a licensed insurer while acting on behalf of that insurer in the adjustment of losses…
(e) a salaried employee of a licensed insurer while acting on behalf of that insurer in the adjustment of losses…
8. Which jurisdictions issue restricted claims adjuster licences?
N/A
