P-12, r. 3 - Regulation respecting professional liability insurance for podiatrists

Replaced on 1 April 2021

This document has official status.

chapter P-12, r. 3

Regulation respecting professional liability insurance for podiatrists

Podiatry Act

(chapter P-12, s. 3).

Professional Code

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

Replaced, Décision OPQ 2021-499, 2021 G.O. 2, 1316; eff. 2021-04-01; see chapter P-12, r. 3.01.

DIVISION I GENERAL PROVISIONS

1.01. In this Regulation, unless the context indicates otherwise,

(a)  “Order” means the Ordre des podiatres du Québec;

(b)  “podiatrist” means every person whose name is entered on the roll of the Order;

(c)  “committee” means the committee on the examination of insurance contracts;

(d)  “secretary” means the secretary of the Order.

R.R.Q., 1981, c. P-12, r. 2, s. 1.01.

1.02. The Interpretation Act (chapter I-16) applies to this Regulation.

R.R.Q., 1981, c. P-12, r. 2, s. 1.02.

DIVISION II COMMITTEE

2.01. The board of directors shall appoint the 3 members of the committee each year and designate a chair from among them.

R.R.Q., 1981, c. P-12, r. 2, s. 2.01.

2.02. The committee shall hold its sittings on the dates and at the hour and place determined by its chair. The quorum of the committee shall be 2 members.

R.R.Q., 1981, c. P-12, r. 2, s. 2.02.

2.03. The committee shall verify, in particular by studying the proofs of insurance provided for in section 3.05, whether each podiatrist is complying with the obligation provided for in section 3.01 and report thereon to the board of directors.

R.R.Q., 1981, c. P-12, r. 2, s. 2.03.

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

R.R.Q., 1981, c. P-12, r. 2, s. 2.04.

DIVISION III LIABILITY INSURANCE

3.01. A podiatrist must make an insurance contract establishing a guarantee against the liability which he may incur owing to fault or negligence committed in the exercise of his profession.

R.R.Q., 1981, c. P-12, r. 2, s. 3.01.

3.02. The insurance contract must provide that:

(a)  the coverage is for an amount of not less than $300,000 per claim and not less than $900,000 for the aggregate of claims relative to the period of coverage;

(b)  the insurer undertakes to pay in lieu and stead of the insured, within the limits of the coverage, any amount that the insured may legally be bound to pay in damages to a third party respecting a claim filed during the period of coverage and resulting from professional services rendered or that should have been rendered by the insured or his employees in the performance of their duties;

(c)  the coverage applies to services rendered or to the failure to render services prior to the coming into force of the insurance contract until the expiry of the period of coverage;

(d)  the insurer undertakes to take up the interest of the insured and to assume his defence in any action brought against him; the expenses and legal costs of suits against the insured, including those of the defence, and interest upon conviction, are borne by the insurer in, over and above the amounts prescribed in paragraph a;

(e)  when the insured ceases to practise his profession of his own will or dies, the insurer undertakes to sign with the insured or his legal heirs an insurance contract with a coverage for services rendered or failed to be rendered by the insured or his employees in the performance of their duties prior to the coming into force of such contract.

R.R.Q., 1981, c. P-12, r. 2, s. 3.02; I.N. 2016-01-01 (NCCP).

3.03. The exclusions generally accepted in professional liability insurance may be included in the insurance contract. However, an exclusion pertaining to acts committed under the influence of narcotics, soporifics, drugs or alcohol shall not apply to a third party contemplated in paragraph b of section 3.02 to whom the insured is legally bound to pay damages.

R.R.Q., 1981, c. P-12, r. 2, s. 3.03.

3.04. Nothing in this Regulation may be interpreted as preventing a podiatrist from subscribing to a group insurance policy in compliance with this Regulation.

R.R.Q., 1981, c. P-12, r. 2, s. 3.04.

3.05. The podiatrist must furnish proof to the secretary before 1 April each year that he holds an insurance policy in force for a period of 12 months from that date and that it is in compliance with this Regulation.

However, where the name of a podiatrist is entered or re-entered on the roll on a date other than 1 April, he must furnish proof to the secretary that he holds an insurance policy in force at least until 1 April following and that it is in compliance with this Regulation.

R.R.Q., 1981, c. P-12, r. 2, s. 3.05.

REFERENCES

R.R.Q., 1981, c. P-12, r. 2

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