A-23, r. 7 - Regulation respecting the practice of the land surveying profession within a partnership or a joint-stock company

Section 13 Disposition versions

2016-01-01

13. The following minimum conditions for the security must be set out in a specific rider or contract:

(1)  an undertaking by the insurer or surety to pay in lieu of the partnership or joint-stock company, over and above the amount of the security to be furnished by the land surveyor pursuant to the Ordre des arpenteurs-géomètres du Québec Liability Insurance Regulation (chapter A-23, r. 2) or the coverage taken out by a land surveyor if it is greater, up to the amount of the security, any sum that the partnership or joint-stock company may be legally bound to pay to an injured third person on a claim filed during the coverage period and arising from fault or negligence on the part of the land surveyor in the practice of the profession within the partnership or joint-stock company;

(2)  an undertaking by the insurer or surety to take up the cause of the partnership or joint-stock company and defend it in any action against it and to pay, in addition to the amounts covered by the security, all expenses and legal costs of actions against the partnership or joint-stock company, including those costs of the inquiry and defence and interest on the amount of the security;

(3)  an undertaking that the security extends to all claims submitted in the 5 years after the date on which a land surveyor in the partnership or joint-stock company dies, withdraws from the partnership or joint-stock company or ceases to be a member of the Order, in order to maintain coverage for the partnership or joint-stock company for fault or negligence on the part of the land surveyor in the practice of the profession within the partnership or joint-stock company;

(4)  a stipulation that the security is at least $1,000,000 per claim subject to a limit of the same amount for all claims filed against the partnership or joint-stock company within a 12-month coverage period;

(5)  where a land surveyor is a sole practitioner and sole shareholder of a joint-stock company in which no other land surveyor is an employee, an undertaking that the security is at least $500,000 per claim subject to a limit of the same amount for all claims filed against the joint-stock company within a 12-month coverage period; and

(6)  an undertaking by the insurer or surety to provide the secretary of the Order with a 30-day notice of intent to cancel or not renew the insurance or suretyship contract or to amend the contract in such a manner as to affect a condition of this section.

O.C. 627-2007, s. 13; I.N. 2016-01-01 (NCCP).

2012-09-01

13. The following minimum conditions for the security must be set out in a specific rider or contract:

(1)  an undertaking by the insurer or surety to pay in lieu of the partnership or joint-stock company, over and above the amount of the security to be furnished by the land surveyor pursuant to the Ordre des arpenteurs-géomètres du Québec Liability Insurance Regulation (chapter A-23, r. 2) or the coverage taken out by a land surveyor if it is greater, up to the amount of the security, any sum that the partnership or joint-stock company may be legally bound to pay to an injured third person on a claim filed during the coverage period and arising from fault or negligence on the part of the land surveyor in the practice of the profession within the partnership or joint-stock company;

(2)  an undertaking by the insurer or surety to take up the cause of the partnership or joint-stock company and defend it in any action against it and to pay, in addition to the amounts covered by the security, all legal costs of actions against the partnership or joint-stock company, including the costs of the inquiry and defence and interest on the amount of the security;

(3)  an undertaking that the security extends to all claims submitted in the 5 years after the date on which a land surveyor in the partnership or joint-stock company dies, withdraws from the partnership or joint-stock company or ceases to be a member of the Order, in order to maintain coverage for the partnership or joint-stock company for fault or negligence on the part of the land surveyor in the practice of the profession within the partnership or joint-stock company;

(4)  a stipulation that the security is at least $1,000,000 per claim subject to a limit of the same amount for all claims filed against the partnership or joint-stock company within a 12-month coverage period;

(5)  where a land surveyor is a sole practitioner and sole shareholder of a joint-stock company in which no other land surveyor is an employee, an undertaking that the security is at least $500,000 per claim subject to a limit of the same amount for all claims filed against the joint-stock company within a 12-month coverage period; and

(6)  an undertaking by the insurer or surety to provide the secretary of the Order with a 30-day notice of intent to cancel or not renew the insurance or suretyship contract or to amend the contract in such a manner as to affect a condition of this section.

O.C. 627-2007, s. 13.