D-9.2, r. 12 - Regulation respecting the compulsory professional development of the Chambre de l’assurance de dommages

Replaced on 19 February 2014

This document has official status.

chapter D-9.2, r. 12

Regulation respecting the compulsory professional development of the Chambre de l’assurance de dommages

Act respecting the distribution of financial products and services

(chapter D-9.2, ss. 202.1 and 312).

Replaced, M.O. 2014-02, 2014 G.O. 2, 403; eff. 2014-02-19; see chapter D-9.2, r. 12.1.

DIVISION I SCOPE

1. This Regulation applies to all representatives who hold a certificate issued by the Autorité des marchés financiers authorizing them to practise in any sector or class of sector of damage insurance or claims adjustment.

O.C. 1452-2001, s. 1.

2. In this Regulation, the term “professional development unit”, or “PDU”, means the quantitative value assigned to a training activity recognized by the Chambre de l’assurance de dommages, one PDU representing one hour of activity.

O.C. 1452-2001, s. 2.

3. The Chamber shall recognize a training activity, dealing with one of the subjects mentioned in first paragraph of section 4 when it is given in accordance with an agreement concluded under section 316 of the Act respecting the distribution of financial products and services (chapter D-9.2).

O.C. 1452-2001, s. 3.

DIVISION II OBLIGATIONS

4. The training activities recognized by the Chamber shall fall within the following classes:

(1)  administration:

(a)  economics;

(b)  accounting and finance;

(c)  business management;

(2)  insurance techniques:

(a)  personal lines insurance;

(b)  commercial lines insurance;

(c)  risk management;

(d)  claims adjustment;

(e)  building mechanics;

(f)  investigation techniques;

(g)   loss prevention;

(3)  law:

(a)  laws and regulations respecting damage insurance;

(b)  (paragraph revoked);

(c)  civil law;

(d)  (paragraph revoked);

(4)  professional development:

(a)  customer service;

(b)  professional practice;

(5)  compliance:

(a)  ethics and the professional practice of damage insurance;

(b)  laws and regulations respecting the distribution of financial products and services;

(c)  laws and regulations respecting the protection of personal information.

O.C. 1452-2001, s. 4; O.C. 608-2004, s. 1; M.O. 2009-03, s. 1.

4.1. A representative who holds a certificate shall, for the reference period between 1 January 2010 and 31 December 2011, and every 24-month period thereafter, take part in training activities recognized by the Chamber and consisting of 20 PDUs in the subjects in the classes listed in paragraphs 1 to 5 of section 4.

The PDUs to be completed are as follows:

(1)  12 PDUs in the classes of insurance techniques, administration or law;

(2)  5 PDUs in the classes listed in paragraphs 1 to 5 of section 4; and

(3)  3 PDUs in the class of compliance.

A representative who is issued a certificate between 1 January 2010 and 31 December 2011, or over the course of any 24-month period thereafter, shall accumulate, in a subject listed in paragraphs 1 to 5 of section 4, one PDU for each complete month during which the representative holds a certificate, unless the representative has held the certificate for less than 6 months.

Members of the Chamber who obtain a certificate after passing the examinations prescribed by the Autorité des marchés financiers are exempted, for a period of 12 months after the examinations, from the requirement to accumulate PDUs.

O.C. 608-2004, s. 2; M.O. 2009-03, s. 2.

5. A representative cannot complete his PDUs within the context of an activity designed to promote an insurer’s insurance products or an activity designed to motivate representatives to sell such products.

O.C. 1452-2001, s. 5.

6. The Chamber may relieve a representative from the obligations referred to in section 4 if, due to superior force, he was unable to comply with them.

The fact that a representative was suspended or struck off the roll, or that his certificate was cancelled, revoked, suspended, not renewed or included restrictions and conditions does not constitute superior force.

O.C. 1452-2001, s. 6.

7. The representative referred to in the second paragraph of section 6 can take part in training activities recognized by the Chamber and earn PDUs. However, he may not act in the capacity of trainer, instructor or facilitator in these activities.

O.C. 1452-2001, s. 7.

8. A representative who decides to accumulate more than the PDUs required during any 24-month period may carry forward a maximum of 5 PDUs to the subsequent period.

O.C. 1452-2001, s. 8; O.C. 608-2004, s. 3; M.O. 2009-03, s. 3.

9. For each 24-month period, each representative shall keep the training attestations or exam or test result attestations given to him by the person, organization or educational institution who offers the training activity and for one year following the end of the 24-month period.

O.C. 1452-2001, s. 9.

10. At the latest by 15 January following the end of the 24-month period, each representative himself or through the firm for which he is acting or the independent partnership of which he is a partner or employee must forward to the Chamber a copy of the attestations he must keep in accordance with section 9.

O.C. 1452-2001, s. 10.

11. On 30 January following any given 24-month period, the Chamber shall send a default notice to each representative who has not accumulated the PDUs required under section 4 and notify him of the consequences of such default.

O.C. 1452-2001, s. 11.

12. A representative who is in default must, after having received such notice from the Chamber, accumulate the number of PDUs he has failed to accumulate in one or more of the classes referred to in section 3, at the latest by 31 March following the end of the 24-month period.

O.C. 1452-2001, s. 12.

13. At the end of the period referred to in section 12, the Chamber shall send a notice of non-compliance to each representative who has not accumulated the required number of PDUs and notify him of the consequences of such default.

O.C. 1452-2001, s. 13.

14. The Chamber shall notify the Autorité des marchés financiers when it sends the notice referred to in section 13 to any representative who is in default.

O.C. 1452-2001, s. 14; M.O. 2009-03, s. 4.

15. A representative who acts in the capacity of trainer, instructor or facilitator in an activity is entitled, only once for this activity, to double the number of PDUs assigned to it.

O.C. 1452-2001, s. 15.

16. (Omitted).

O.C. 1452-2001, s. 16.

REFERENCES

O.C. 1452-2001, 2001 G.O. 2, 6189

O.C. 608-2004, 2004 G.O. 2, 2153

M.O. 2009-03, 2009 G.O. 2, 1939