A-23, r. 2 - Ordre des arpenteurs-géomètres du Québec Liability Insurance Regulation

Updated to 1 September 2012

This document has official status.

chapter A-23, r. 2

Ordre des arpenteurs-géomètres du Québec Liability Insurance Regulation

Land Surveyors Act

(chapter A-23, s. 4).

Professional Code

(chapter C-26, s. 93, par. d).

Replaced, Décision 2012-02-09, 2012 G.O. 2, 915; eff. 2012-04-01; see c. A-23, r. 1.1

DIVISION I DEFINITIONS

1. In this Regulation, unless the context indicates otherwise:

“insurer” means the one who issues or proposes to issue an insurance contract, collects premiums under such a contract and undertakes to pay insurance benefits;

“associate member” means any land surveyor who, while not engaged in professional practice, is enrolled in the Ordre des arpenteurs-géomètres du Québec (Order);

“retired” means any person who has stopped practising the profession of land surveyor and is no longer on the roll of the Order; and

“claim” means one or more claims resulting from the same event or set of circumstances at the time professional advice or services were rendered or should have been rendered to one or more persons.

O.C. 255-84, s. 1.

DIVISION II LIABILITY INSURANCE

2. A land surveyor in professional practice on his own account, whether on a part-time or full-time basis, either alone or as member of a partnership and the land surveyor employed in any manner whatsoever by an individual land surveyor, a partnership, a joint-stock company or a company in which the Government is not majority shareholder must hold and keep in force liability insurance that covers professional fault and negligence by subscribing to the group insurance plan taken out by the Order.

O.C. 255-84, s. 2.

3. Any land surveyor not covered by section 2 must file a statement to that effect with the secretary of the Order during the month before the policy renewal date; this statement, as prescribed in Schedule 1, must be written under his oath of office.

O.C. 255-84, s. 3.

4. An insurance contract of the Order must provide for:

(1)  a minimum guarantee of $100,000 for each claim;

(2)  a commitment by the insurer to pay, on behalf of the insured, any amount (except for a group and an individual deductible set by resolution of the board of directors) within the limits of the guarantee that the insured may be legally bound to pay in damages to a third party for a claim submitted during the guarantee period arising from professional advice or services that were rendered or should have been rendered by the insured or his agent in the performance of duty;

(3)  a clause under which the guarantee applies to services rendered or omitted before the insurance contract came into force, up to the end of the guarantee period and extends to all land surveyors, except for those not covered by section 2, enrolled in the Order, including deceased and retired members, providing that they were or should have been eligible for the protection offered by the policy on the date of death or retirement.

However, deceased, associate and retired members, as well as those not in professional practice under the terms set forth in section 2 but who had previously practised under these terms, are considered insured only for claims arising from professional services that were rendered or should have been rendered when practising according to the terms of section 2 and covered by the said policy or would have been if it had been in force;

(4)  a commitment by the insurer to institute legal proceedings on behalf of the insured and assume his defense in any lawsuit brought against him before a civil court; in addition to the amount prescribed in paragraph 1 above, the costs of a lawsuit brought against the insured, including his defense as well as any interest on the amount of the guarantee, shall be assumed by the insurer;

(5)  a clause to the effect that the insurer promises to give the Order 90 days’s notice of a cancellation, non-renewal or change to a contract.

O.C. 255-84, s. 4; O.C. 1725-91, s. 1.

DIVISION III PROFESSIONAL LIABILITY INSURANCE COMMITTEE AND CLAIMS COMMITTEE

5. The board of directors shall form a professional liability insurance committee consisting of a least 5 members including a chair and a secretary.

O.C. 255-84, s. 5.

6. The committee shall hold its meetings at the time and place the chair decides. Three members constitute a quorum.

O.C. 255-84, s. 6.

7. The committee may add any person it requires to carry out its mandate as long as this entails no professional expense for the Order. Where expenses are involved, the prior approval of the executive committee must be obtained.

O.C. 255-84, s. 7.

8. The purpose of the professional liability insurance committee is:

(1)  to represent the board of directors and members of the Order in dealings with the insurer and the broker concerning all group insurance plan matters, especially negotiations, changes, implementation and control;

(2)  to put together a file and gather data on each claim;

(3)  to see that the insurer abides by all terms of the insurance contract and that this Regulation is applied in its entirety by both the insurer and insured;

(4)  to make any general recommendation to the board of directors about compliance with this Regulation and any Order regulation where it affects this Regulation;

(5)  to suggest means of preventing and reducing accidents for the better protection of the public.

O.C. 255-84, s. 8.

9. Where a majority of committee members have serious grounds for believing that failure to observe a standard of practice prescribed by Order regulation was the cause of an accident, the committee chair must so advise the board of directors.

O.C. 255-84, s. 9.

10. The board of directors shall form a claims committee and decide on its membership, mandate and operating procedures.

O.C. 255-84, s. 10.

11. (Omitted).

O.C. 255-84, s. 11.

12. (Omitted).

O.C. 255-84, s. 12.

SCHEDULE 1

(s. 3)

EXEMPTION STATEMENT

I, the undersigned ______________________________, land surveyor,(registration number ____________________ ) declare, under my oath of office, that I am exempt from subscribing to the group insurance plan of the Order for one of the following reasons:

(1) I am not in professional practice on my own account, either on a part-time or a full-time basis, alone or as member of a partnership, nor am I employed in any manner whatsoever by an individual land surveyor, a partnership, a joint-stock company or a company in which the Government is not majority shareholder: I practice my profession exclusively for ______________________________;

and outside the framework of such employment I do none of the tasks mentioned in section 34 of the Land Surveyors Act (chapter A-23), namely:

(a) the surveying of land, the taking of measurements for boundary purposes; the drawing of boundaries, mapping, the drawing up of all types of maps, minutes, reports, territorial descriptions, certificates of localization as well as all documents and operations made by direct, photogrammetric, electronic or other methods connected in any way with the fixing of boundaries, the laying out of lots, establishing the seat of servitudes, the staking of lots and the scaling of lakes, rivers and other bodies of water in Québec, with calculating the area of public and private property, all cadastral operations, or compiling of lots or parts thereof and cartographic description of territory for the aforesaid purposes;

(b) establishing and updating a skeletal map of geodetic points to any degree of precision and the defining of photogrammetric controls for purposes listed in paragraph a;

(2) I am enrolled as member of the Ordre des arpenteurs-géomètres du Québec and under no circumstances whatsoever do I carry out any of the tasks mentioned in section 34 of the Land Surveyors Act. I agree not to perform any of the said tasks, and, outside the employment framework to which paragraph 1 refers, not to sign or certify, within the meaning of section 36 of the Land Surveyors Act, any document connected with land surveying or an operation defined in section 34 of the said Act.

I also promise to immediately advise the Ordre if I begin to practise professionally under any of the terms prescribed by section 2 of this Regulation and to subscribe to the group insurance plan.

DATE ___________________________________ ___________________________________

Signature

O.C. 255-84, Sch. 1.

REFERENCES

O.C. 255-84, 1984 G.O. 2, 1081

O.C. 1725-91, 1991 G.O. 2, 5012

S.Q. 2008, c. 11, ss. 212