On occasion, the ICM receives inquiries about Council’s interpretation of section 391 of The Insurance Act (the “Act”), which deals with how licensed agents or adjusters may hold themselves out to the public. Section 391 of The Insurance Act says:
"Holding Out 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."
Essentially, there are three broad aspects to holding out obligations under section 391:
1. Any unlicensed person must not present themselves (hold out) as an agent/adjuster to members of the public. For example, a former licensee must not hold out as an agent/adjuster if their licence has lapsed, expired, been suspended, or has been cancelled; this includes all aspects of carrying on the activities of an agent/adjuster, including giving advice.
2. Advertising is also captured by section 391. If a person is no longer licensed, they must not hold out as an agent/adjuster through advertising to members of the public. Social media ought to be amended to reflect their status as a former agent/adjuster to eliminate confusion with members of the public as to their licensing status.
3. If duly licensed, any agent/adjuster who presents themselves as representing an agency or adjusting firm for which they are not licensed is guilty of an offence.
Therefore, in all advertisements, cards, letterheads, signs, or other methods, an agent/adjuster must clearly identify the agency’s or adjusting firm’s legal and/or trade name(s) as specified on their licence(s) as issued by the ICM. Use of an agency or adjusting firm name for which the agent/adjuster is not licensed would be a violation of section 391.
If agents/adjusters wish to begin using a new name different than that listed on their current licence(s), they may then need to either amend their current licence(s) to include the new name, or apply for a supplementary licence under that new name. This could allow the agent/adjuster to hold themselves out under all of the desired names.
IMPORTANT CHANGES - E&O INSURANCE REPORTING - General Agents and Adjusters
IMPORTANT CHANGES - E&O INSURANCE REPORTING - Life, A&S, or Hail Agents and Restricted Insurance Agents (RIA)
IMPORTANT CHANGES - E&O INSURANCE REPORTING - General Operating Agents and Adjusting Firm Designated Representatives
The exam process is separate from the licence application process. The exam registrant will focus on meeting the educational standard by passing a pre-requisite examination(s), one of several requirements in the licensing process.
A User Guide has been developed to assist with the registration of examinations.
1. Online Examination Registration Form: Before attempting to register, contact the ICM office at This email address is being protected from spambots. You need JavaScript enabled to view it. to request which date(s) you prefer to write. The Examination Coordinator will communicate the confirmation of the date(s) back to you via email. You can then proceed with registering.
2. Exam Fees: The $110.00 non-refundable exam sitting fee will be paid online via credit card (Visa or MasterCard only) when registering for the exam module(s). If you do not have a credit card, you must ensure you are registered on the ICM system and have a valid User ID before submitting the payment in the form of cash, money order, company cheque or certified personal cheque to the ICM. Credit card or debit payment is not available in the ICM office.
3. Copy of Photo ID: A copy of government issued photo ID is required to be submitted with the exam registration form. This same ID must be brought to theexam location the morning of the examination, and provided when requested to the exam registrar.
Examination Date and Location:
Examinations are typically written at the ICM office every Tuesday. Alternate examination sitting dates and times may be available to accommodate the registrant if arranged with the ICM.
The ICM office is located at 466 – 167 Lombard Avenue in Winnipeg, Manitoba.
Notification of Exam Results:
Examination results are valid for twelve (12) months and are posted in the online portal within 10 business days. Results will not be communicated by email or phone.
Successful completion of the exam is only one of the licensing requirements. To proceed with a licence application, view the information on the ICM website under “Licensing Info”. Until a licence has been issued you cannot act, offer to act, or hold out as an agent or adjuster.
Important Information including Safety Protocols are outlined in the below documents:
General and/or Adjuster Examination Registration Form
Registrant's Information Sheet - General and Adjuster Insurance Agent Examination
