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Insurance Adjusters Licensing Regulations

made under subsection 55(1) of the

Insurance Act

R.S.N.S. 1989, c. 231

O.I.C. 92-1145 (November 24, 1992), N.S. Reg. 245/92

as amended up to O.I.C. 2013-105 (March 28, 2013, effective April 1, 2013), N.S. Reg. 115/2013


Regulations under Part IV - Licenses for Adjusters                                                            

1     The Superintendent may, upon being satisfied that the requirements of the Act and this Part have been met, issue adjuster licenses to applicants and may designate the licenses as Level I, Level II, Level III, Level IV and Level V licenses.


Level I - Probationary Adjuster

2     Prerequisite to a Level I license issue, the applicant shall

                (a)    pass with a mark of not less than sixty per cent the course of study of the Insurance Institute of Canada identified as C11 - Principles and Practice of Insurance; and

 

                (b)    undertake to act under the continuous supervision of the holder of a Level V license who

 

                         (i)     agrees to supervise the applicant or provide for continuous supervision by a Level IV licensee employed in the same office premises who acts under the supervision of the Level V licensee, and

 

                         (ii)    agrees to be held accountable for all the business activities of the applicant.

 

3     A Level I licensee may perform any activities relating to the adjusting activity except a Level I licensee shall not:

 

                (a)    make or sign a report to any insurer;

 

                (b)    negotiate an insurance settlement; or

 

                (c)    attempt to interpret insurance coverage.


Level II - Assistant Adjuster

4     Prerequisite to a Level II license issue, the applicant shall

 

                (a)    establish eligibility to hold a Level I license;

 

                (b)    pass the following courses administered by the Insurance Institute of Canada or such other courses as the Superintendent considers to be equivalent:

 

                         (i)     C12 - Insurance on Property,

 

                         (ii)    C14 - Automobile Insurance,

 

                         (iii)   C110 - Essentials of Loss Adjusting; and

Clause 4(b) replaced: O.I.C. 2005-575, N.S. Reg. 231/2005.

 

                (c)    undertake to act under the continuous supervision of the holder of a Level V license who

 

                         (i)     agrees to supervise the applicant or provide for continuous supervision by a Level IV licensee employed in the same office premises who acts under the supervision of the Level V licensee, and

 

                         (ii)    agrees to be held accountable for all the business activities of the applicant.

 

5     A Level II licensee may on behalf of an insurer or insurers do any or all of the following:

 

                (a)    make or sign a report relating to insurance claims;

 

                (b)    negotiate an insurance settlement;

 

                (c)    interpret insurance coverage.

Section 5 amended: O.I.C. 2005-575, N.S. Reg. 231/2005.


Level III - Adjuster

6     Prerequisite to a Level III license issue, the applicant shall

 

                (a)    establish eligibility to hold a Level II license;

 

                (b)    pass the following courses administered by the Insurance Institute of Canada or such other courses as the Superintendent considers to be equivalent:

 

                         (i)     C13 - Insurance Against Liability,

 

                         (ii)    C111 - Advanced Loss Adjusting; and

Clause 6(b) replaced: O.I.C. 2005-575, N.S. Reg. 231/2005.

 

                (c)    undertake to be under the continuous supervision of the holder of a Level V license who

 

                         (i)     agrees to supervise the applicant or provide for continuous supervision by a Level IV licensee employed in the same office premises who acts under the supervision of the Level V licensee, and

 

                         (ii)    agrees to be held accountable for all the business activities of the applicant.

 

7     A Level III licensee may on behalf of an insurer or insurers do any or all of the following:

 

                (a)    make or sign a report relating to insurance claims;

 

                (b)    negotiate an insurance settlement;

 

                (c)    interpret insurance coverage.

Section 7 amended: O.I.C. 2005-575, N.S. Reg. 231/2005.


Level IV - Independent Adjuster

8     Prerequisite to a Level IV license issue, the applicant shall

 

                (a)    establish eligibility to hold a Level III license;

 

                (b)    have a minimum of two years practical experience as a Level II or III licensee; and

Clause 8(b) amended: O.I.C. 2005-575, N.S. Reg. 231/2005.

 

                (c)    pass the following courses administered by the Insurance Institute of Canada or such other courses as the Superintendent considers to be equivalent:

 

                         (i)     C32 - Bodily Injury Claims,

 

                         (ii)    C112 - Practical Issues in Claims Management.

Clause 8(c) replaced: O.I.C. 2005-575, N.S. Reg. 231/2005.

 

9     A Level IV licensee may on behalf of an insured or insurers do any or all of the following:

 

                (a)    provide any insurance claim related services to insurers;

 

                (b)    provide any claim related services to any one principal;

 

                (c)    operate as a controlling proprietor or as a controlling principal in a partnership or corporation in the business of claims investigation or adjustments or both.

Section 9 amended: O.I.C. 2005-575, N.S. Reg. 231/2005.


Level V - Partnership or corporate adjuster's license

10   No partnership, corporation or business name other than an insurer transacting the business of insurance under Part I of Section 5 of the Insurance Act shall carry on the business of insurance adjusting without being the holder of a Level V adjuster's license and unless there is a natural person with a valid Level IV adjuster's license employed by the partnership, corporation or business name in each and every place of business of the partnership, corporation or business name.


Non-resident licenses

11   No adjuster's license shall be issued to an applicant who is not a resident of Nova Scotia unless

 

                (a)    the applicant provides to the Superintendent of Insurance for the Province of Nova Scotia a certificate from the appropriate licensing authority of the province or state in which the applicant is resident stating that the applicant is in current compliance with all legislative and regulated requirements of the resident jurisdiction and specifying the level and status of the license; and

 

                (b)    the applicant demonstrates eligibility to hold a Level IV license subject to the existence of a reciprocal arrangement with the province or state of residence of the applicant.


Applications for license

12   (1)    An application for an adjuster's license or any renewal thereof shall be in a form as the Superintendent may from time to time specify.

 

       (2)    A person shall not apply for a license under these regulations unless the person is at least nineteen years of age.

 

13   A resident adjuster who held an unrestricted license as of the date on which these regulations come into force shall be deemed to meet the requirements of a Level IV license and be licensed as a Level IV licensee.


Fees for licenses

14   The fees payable upon application for or renewal of a three year adjuster's license are as follows:

 

                (a)    Level I, II, III or IV license.................$386.50

Clause 14(a) amended: O.I.C. 2013-105, N.S. Reg. 115/2013.

 

                (b)    Level V license..................................$386.50

Clause 14(b) amended: O.I.C. 2013-105, N.S. Reg. 115/2013.


Clause 14(c) repealed: O.I.C. 2000-235, N.S. Reg. 81/2000.

 

15   (1)    Subject to subsections (2) and (3), a fee paid for an adjuster's license shall be refunded in respect of any unexpired second and third years of an adjuster's license in the following circumstances:

 

                (a)    where the licensee is an individual, upon the death or retirement of the licensee; and

 

                (b)    where the licensee carries on the business of insurance adjusting under a business name or is a partnership or corporation, upon sale of the business, partnership or corporation.

 

       (2)    The amount of any refund pursuant to subsection (1) shall be one third of the adjuster's license fee for each full unexpired year of the term of the adjuster's license.

 

       (3)    No refund is payable pursuant to subsections (1) and (2) unless

 

                (a)    an application for the refund is made in writing within a period of not later than one year immediately following the date of death, retirement or sale mentioned in subsection (1);

 

                 (b)    the adjuster's license is returned to the Superintendent before or upon the application for the refund; and

 

                (c)    the adjuster's license has not otherwise been suspended, cancelled or revoked by the Superintendent.

 

16   The regulations respecting insurance adjusters made by the Superintendent of Insurance on the 16th day of July, 1980, and approved by the Governor in Council by Order in Council 80-1343 made the 30th day of September, 1980, as amended, are repealed.