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

Updated to 15 October 2023

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. (See French Edition).

O.C. 551-84, s. 7; Décision OPQ 2023-748 (French only), a. 1.

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

Décision OPQ 2023-748, 2023 G.O. 2 (French only), 4701