Proof of loss after a house fire in Canada: inventory and statutory conditions

In Canada outside Quebec, property insurance policies include statutory conditions: rules set by provincial law that form part of the contract and are usually printed in your policy. After a house fire, two of them matter from day one: giving notice of the loss and delivering a proof of loss with an inventory. This article summarizes what the conditions say in British Columbia, Ontario and Alberta and how to prepare.

What the statutory conditions say

Province	Notice	Proof of loss	When loss is payable
British Columbia (Insurance Act, s. 29, Condition 6 and 12)	Written notice immediately	As soon as practicable, verified by statutory declaration, with a complete inventory	Within 60 days after the completed proof of loss is delivered to the insurer, unless the policy sets a shorter period
Ontario (Insurance Act, s. 148, Condition 6 and 12; fire peril)	Written notice forthwith	As soon as practicable, verified by statutory declaration, with a complete inventory	Within 60 days after completion of the proof of loss
Alberta (Insurance Act, s. 540)	Written notice immediately	As soon as practicable	Unless the policy provides a shorter period, within 60 days after the proof of loss is completed

In Quebec, the Civil Code of Quebec sets the rules rather than statutory conditions: it sets the insured's duty to notify the insurer of a loss and the insurer's payment period; check the claims section of your policy and ask your insurer to confirm dates in writing.

What goes into a proof of loss

In British Columbia, the statutory conditions list what the proof of loss covers: a complete inventory of the destroyed and damaged property with quantities, costs and the amount claimed; when and how the loss occurred; a statement that the loss did not occur through any wilful act or neglect of the insured; other insurance; the interests of the insured and others, including liens; changes in title, use, occupation, location, possession or exposure; and where the property was at the time of loss. The insurer may also ask for an inventory of undamaged items and for invoices or vouchers if practicable. Ontario's Court of Appeal, quoting the section 148 proof of loss requirement, describes the inventory as complete, showing quantities, costs, actual cash value and the amount claimed.

A statutory declaration is a written statement declared to be true before a commissioner for oaths or a similar official. Your insurer will tell you which form it uses; in BC, insurers must provide proof of loss forms immediately on request, and in any event within 60 days after receiving notice of the loss, unless they adjust the loss within 30 days (Insurance Act, s. 27).

Building the inventory

Work room by room. For each line, record the quantity, a precise description, the age, today's replacement cost for a new item of like kind and quality, and the proof you have. Many people use grouped lines for categories like clothing or books, with a count. Ask your insurer in writing which format it accepts. Sources that help rebuild a list without receipts include card and bank statements, retailer and loyalty accounts, online order history and photos from friends and family.

Additional living expenses

If insured damage keeps you out of your home, ask your insurer whether you have additional living expenses (ALE) coverage and for how long (Insurance Bureau of Canada). Keep every receipt from day one and record what you would have paid anyway, since ALE generally covers the extra cost of living elsewhere within your policy limits.

Copies, time limits and complaints

• In BC, you can ask your insurer for a copy of your policy and application (Insurance Act, s. 26).
• Limitation periods to start legal action apply: for example 2 years in BC, from when you knew or ought to have known of the loss (s. 23), and 2 years in Alberta (s. 526). Ask a lawyer how they apply to you.
• For disputes, start with your insurer's complaint process; the General Insurance OmbudService (GIO), including in Quebec if your insurer is a GIO member, reviews a case only after the insurer's final position letter. In Quebec, you can also ask that your complaint file be transferred to the AMF.
• Adjusting claims for others requires a licence in the provinces. In Ontario, FSRA has warned that public claims adjusting services require an adjuster licence. Check any adjuster on your provincial regulator's registry.

Putting it together

The Canada Fire Total Loss Claim Kit turns these steps into ready-to-use files, with nothing pre-filled that should come from your records, your policy or your insurer:

• CA_Fire_Total_Loss_User_Guide.docx: step-by-step user guide with key terms, rules that may apply, sources and a final checklist.
• CA_Fire_Total_Loss_Contents_Inventory_TRACKER.xlsx: room-by-room contents inventory with RCV, depreciation and ACV calculated, summary by room and category.
• CA_Fire_Total_Loss_ALE_TRACKER.xlsx: additional living expenses tracker: receipts, extra cost, reimbursed, not yet reimbursed, monthly summary, mileage.
• CA_Fire_Total_Loss_Claim_Diary_TRACKER.xlsx: claim diary: key dates with alerts, contact log, documents sent, payments received.
• CA_Fire_Total_Loss_Claim_Letters_TEMPLATE.docx: editable letters to request documents, information or time, to send documents, and to confirm conversations in writing.
• CA_Fire_Total_Loss_Recoverable_Depreciation_TRACKER.xlsx: item-by-item tracker of withheld depreciation, replacements, receipts and amounts received.

Record your claim and deadlines in the diary, build the inventory room by room, log ALE receipts, follow withheld depreciation and use the letters for requests and confirmations. The guide summarizes provincial statutory conditions with sources.

General information, not legal or insurance advice. Your policy and your province's rules prevail.