On June 29, personal insurance brokers who deal with Intact Insurance received an announcement from the insurer about a new feature in the goBRIO computer system and the procedure for consulting Quebec's auto claims database (Fichier central des sinistres automobiles/FCSA).

Intact's announcement raised numerous questions among RCCAQ members. Many of you contacted us to check whether you were meant to assume from Intact's announcement that the rules for consulting and recording FCSA-related data had been modified. In response, we contacted Quebec's auto insurer association (Groupement des assureurs automobiles/GAA) to clarify the situation. The main points are summarized below.

Agreeing on the definition of a quote request

Some questions submitted to us indicated a degree of confusion about the definition of a quote request. After checking with the GAA, it appears that no legislative amendments were made to the FCSA access conditions: consulting the database can only be done in an "underwriting situation". Whether issuing an auto insurance policy, adding a driver to an existing policy or renewing a policy, the preconditions for accessing the FCSA are as follows:

1. You must be able to assess and take on the risk.
2. The client or the insured must clearly intend to enter into a contract.
3. The client or the insured must have informed you about his or her past claims (this requirement is affected by the AMF's interim measure, which is detailed below).
4. You must be able to put together a proposal based on the information provided by the client or the insured.

In other words, if you respond to a quote request and you meet the abovementioned conditions, you are authorized to consult the FCSA.

Therefore, there have been no changes to the FCSA access rules; your obligations remain unchanged in this regard.

However, Intact's announcement reflects the interim FCSA consultation measures put in place by the AMF last March.

In an attempt to relax the rules, the AMF no longer requires insurers or brokers to obtain details on consumers' claims history. As soon as an enquiry about the claims history has been made and the client has provided a response ("yes", "no" or "I don't know" are acceptable), the AMF takes the view that you have fulfilled your compliance requirements.

However, this change in no way releases you from your obligation to make a note of exchanges with your client by any means that can be used to verify the existence of said notes (e.g. data entered in a computer system, handwritten notes, audio recordings or any other solution enabling the GAA to verify that your practice is in compliance).

If you have any doubts, please be sure to consult the guide describing the compliance rules (available on the AMF's website) and/or the GAA's checklist.

Useful guidance

From time to time, you may receive requests or questions concerning the management of your firm or your professional practice. As a professional association, our role is to guide you and to take the necessary action with our legal department and the organizations concerned so you can work more effectively.

If you have any further questions in this regard or if you have any suggestions concerning other topics you would like us to look into, please send us an email (communications@rccaq.com).