c-16, r. 3 - Regulation respecting professional liability insurance of the Ordre des chiropraticiens du Québec

Updated to 1 September 2012

This document has official status.

chapter C-16, r. 3

Regulation respecting professional liability insurance of the Ordre des chiropraticiens du Québec

Chiropractic Act

(chapter C-16, s. 3).

Professional Code

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

DIVISION I COMMITTEE ON PROFESSIONAL LIABILITY INSURANCE

1. The committee consists of 3 members who are appointed by the board of directors. The board of directors designates the chair of the committee.

O.C. 551-84, s. 1.

2. The committee shall hold its meetings at the time and place determined by its chair. The quorum of the committee is 2 members.

O.C. 551-84, s. 2.

3. The committee shall study all matters pertaining to professional liability insurance. It shall verify, in particular by studying the proof of insurance provided for in section 10, whether each chiropractor complies with the obligation prescribed in section 5, and shall report thereon to the board of directors.

O.C. 551-84, s. 3.

4. The committee shall make the recommendations it considers appropriate to the board of directors and submit to it an annual report on its activities.

O.C. 551-84, s. 4.

DIVISION II LIABILITY INSURANCE

5. A chiropractor must hold and keep in force an insurance contract establishing coverage against any liability he or his employees may incur owing to fault or negligence committed in the practice of his profession.

In the case of a partnership of chiropractors, the insurance contract may be made in the name of the partnership, but coverage must extend individually to each chiropractor who is a partner or employee of the partnership.

In the case of a chiropractor employing other chiropractors, the coverage must extend to each chiropractor individually.

In all cases, coverage must extend to non-professional employees in the exercise of their duties.

O.C. 551-84, s. 5.

6. The amount of the coverage must be not less than $1,000,000 per loss and not less than $3,000,000 for the aggregate of losses during each period of coverage.

O.C. 551-84, s. 6.

7. The insurance contract must provide that:

(1)  the insurer undertakes to pay on behalf of the insured, up to and including the amount of the coverage, any damages that the insured may legally be bound to pay to a third party in respect of a claim filed during the period of coverage and resulting from professional services rendered or failure of the insured to render professional services in the performance of his duties;

(2)  the insurer undertakes to take up the interest of the insured and to assume his defence in any action brought against him before a civil court; the costs and expenses incurred for the inquiry, defence, negotiations and conclusion of a settlement as well as interest upon judgment, are borne by the insurer over and above the amounts of the coverage provided for in the insurance contract;

(3)  where the insured ceases to practise his profession voluntarily or dies, the insurer undertakes to sign with the insured or his legal heirs an insurance contract with coverage for professional services rendered or failure of the insured to render professional services in the performance of his duties prior to the coming into force of the contract;

(4)  the coverage applies to services rendered or the failure to render professional services prior to the coming into force of the insurance contract, until the expiry of the period of coverage.

O.C. 551-84, s. 7.

8. The exclusions generally accepted in professional liability insurance may be provided for in the insurance contract. However, an exclusion pertaining to acts committed under the influence of narcotics, soporifics, drugs or alcohol may not apply to a third party referred to in paragraph 1 of section 7.

O.C. 551-84, s. 8.

9. Where the Association des chiropraticiens du Québec has taken out a liability insurance policy in accordance with this Division for all or part of its members, a chiropractor may participate in that group insurance policy for the purposes of section 5. An insurance certificate must be issued to the Order and to each chiropractor participating in the insurance policy taken out by the Association des chiropraticiens du Québec; a copy of that insurance policy must be given to them upon written request.

O.C. 551-84, s. 9.

10. Except where he is insured pursuant to section 9, a chiropractor must, before 1 April of each year, provide the secretary with proof that he holds an insurance policy in force for a 12-month period beginning on that date and with proof that the policy complies with this Regulation.

However, where a chiropractor is entered or re-entered on the roll on a date other than 1 April, he must provide the secretary with proof that he holds an insurance policy in force at least until the following 1 April and with proof that the policy complies with this Regulation.

O.C. 551-84, s. 10.

11. (Omitted).

O.C. 551-84, s. 11.

REFERENCES

O.C. 551-84, 1984 G.O. 2, 1345

S.Q. 2008, c. 11, ss. 212 and 213