OPSI - UNENACTED working proposal

v308 | 2026-10-28T08:19:33+00:00 | Corpus 85

DRAFT ORDER REGULATION

REGULATION RESPECTING PROFESSIONAL LIABILITY INSURANCE OF MEMBERS OF THE ORDER

I - PARTICIPATION IN THE GROUP PLAN

Section 1 | ART_6XZ6U8K5E2QP5L4H | Version 3

This regulation is made by the board of directors under paragraph d of section 93 of the Professional Code, following communication to members under section 95.3, and approved by the Office under section 95.2. Premium funding remains governed by the Act’s express derogation.

Every member who practises the profession participates in the group professional liability insurance contract entered into by the Order, providing coverage for liability arising from faults or negligence committed in professional practice.

Section 2 | ART_FAYCNV4XD4TJYYR6 | Version 2

A member who declares that they perform no professional activities may be exempted from participation while that declaration remains accurate, subject to conditions established by the Order.

The member notifies the Order before resuming practice and joins the plan before performing a professional act.

II - MINIMUM COVERAGE

Section 3 | ART_956S5RG361R37WF5 | Version 3

The basic group policy provides, for each individually insured member, coverage of at least $_____ per claim and at least $_____ for all claims covered over a twelve-month coverage period. The minimum coverage applies separately to each member and may not be reduced by an aggregate limit shared among several professionals merely because they work in the same building, project or property complex. A single group policy remains permitted.

Defence costs are covered in addition to the limit where commercially reasonable terms are available.

Section 4 | ART_0F48F74N8CP26H3H | Version 2

The group insurance contract provides coverage for any claim made against a member arising from professional faults during the five years following the time at which the member is no longer required to maintain liability coverage or ceases to be a member of the Order. This minimum coverage is not conditional on insurance being available on commercially reasonable terms, in accordance with paragraph (d) of section 93 of the Professional Code.

Section 5 | ART_5XJXP11KKD5S12WQ | Version 3

The board of directors may determine categories of practice requiring complementary coverage having regard, in particular, to private practice, volume of acts, the nature of the systems involved, the value or complexity of buildings or reasonably foreseeable risk exposure.

Complementary coverage may, in particular, increase the limit to $_____ or more per claim where warranted by the risk.

III - FUNDING AND ADMINISTRATION

Section 6 | ART_4Y4M44AFGGXY3SXQ | Version 2

The costs of the basic group plan, including premiums and eligible expenses, may be paid in whole or in part from the Order’s general operating fund, regardless of the source of revenues, in accordance with section 39 of the Act and the applicable provisions of the Professional Code.

The board determines the full cost of the plan and, where applicable, apportions the remaining portion payable by members or classes pursuant to section 85.2 of the Professional Code, subject to the express statutory adaptation in the Act. Assets of a separately constituted insurance fund remain subject to their legal regime.

Any insurance contribution payable directly by a member is shown separately from base annual dues.

Section 7 | ART_T8WL6CCVA0SJM9J6 | Version 2

The Order provides each member with a certificate or evidence of participation stating at least the coverage period, applicable limits, deductible, principal exclusions and contact information required to report a claim.

Section 8 | ART_CTXT05AUZUH16206 | Version 2

The member provides the Order with information necessary to administer the plan and promptly reports any change that may affect the member’s risk category or eligibility for an exemption.

Practice through a firm does not excuse a member from maintaining the individual coverage required. Separate coverage for liability that the firm may incur is maintained where required under the Professional Code and applicable regulations, without diminishing individual protections.

Section 9 | ART_F853RZ6KNSTEW67P | Version 2

A retired member is exempt from insurance for new acts while performing no reserved professional activity. Statutory run-off coverage for earlier acts remains applicable under the Code and policy. Resumption requires active coverage before the first professional act.

Section 10 | ART_JW1ALLX6UJYEXUYK | Version 3

A member promptly reports claims and potentially claim-producing events under the policy. The Order publishes clear procedures for reporting, follow-up and reviewing coverage complaints; no exclusion may remove protection mandated by law.