T-5, r. 8 - Regulation respecting the practice of the profession of medical imaging technologist, radiation oncology technologist or medical electrophysiology technologist within a partnership or a joint-stock company

Section 12 Disposition versions

2012-11-21

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

(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 member pursuant to the Règlement sur l’assurance de la responsabilité professionnelle des technologues en imagerie médicale, en radio-oncologie et en électrophysiologie médicale (chapter T-5, r. 3) or the coverage actually taken out by the member 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 on the part of the member in the practice of the profession;

(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)  the security must be at least $1,000,000 per claim and for all claims filed against the partnership or joint-stock company within a 12-month coverage period;

(4)  where a member is a sole practitioner and sole shareholder of a joint-stock company in which no other member of the Order is an employee, the security must be at least $500,000 per claim and for all claims filed against the company within a 12-month coverage period;

(5)  an undertaking by the insurer or surety to give the secretary of the Order a 30-day prior notice of intent to terminate the insurance or suretyship contract, to modify it with respect to any of the conditions set out in this section; and

(6)  an undertaking by the insurer or surety to give the secretary of the Order a notice that the insurance or suretyship contract has not been renewed; the notice must be sent within 15 days following the expiry of the contract.

O.C. 433-2009, s. 12.

2012-09-01

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

(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 member pursuant to the Règlement sur l’assurance de la responsabilité professionnelle des technologues en imagerie médicale et des technologues en radio-oncologie (chapter T-5, r. 3) or the coverage actually taken out by the member 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 on the part of the member in the practice of the profession;

(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)  the security must be at least $1,000,000 per claim and for all claims filed against the partnership or joint-stock company within a 12-month coverage period;

(4)  where a member is a sole practitioner and sole shareholder of a joint-stock company in which no other member of the Order is an employee, the security must be at least $500,000 per claim and for all claims filed against the company within a 12-month coverage period;

(5)  an undertaking by the insurer or surety to give the secretary of the Order a 30-day prior notice of intent to terminate the insurance or suretyship contract, to modify it with respect to any of the conditions set out in this section; and

(6)  an undertaking by the insurer or surety to give the secretary of the Order a notice that the insurance or suretyship contract has not been renewed; the notice must be sent within 15 days following the expiry of the contract.

O.C. 433-2009, s. 12.