C-26 - Professional Code

Section 86.1 Disposition versions

2019-06-13

86.1. The board of directors may establish a professional liability insurance fund and administer it in accordance with the provisions of the Insurers Act (chapter A-32.1) that are applicable to self-regulatory organizations.

In addition to the exclusive functions and powers delegated to the professional liability insurance decision-making committee by the board of directors under the second paragraph of section 354 of the Insurers Act, the board may delegate other functions and powers to it within the limits provided for in sections 354 and 355 of that Act. The order must take the measures necessary to preserve at all times the autonomy of the decision-making committee in the exercise of its functions and powers relating to the processing of notices of loss likely to fall under the coverage of the insurance contracts underwritten by the order.

Professional liability claims for any professional fault committed, by persons who have ceased being members of the order for five years or less or, if applicable, for a period of time determined in a regulation made under paragraph d or g of section 93, while they were still members and were contributing to the fund must be paid out of the assets of the fund and according to the limits and the conditions and procedures determined by the board of directors.

Nothing in this Code prevents a professional order, if it is so authorized in accordance with the Insurers Act, from providing the services described in section 41 of that Act.

1987, c. 54, s. 34; 1990, c. 52, s. 1; 1994, c. 40, s. 74; 2001, c. 34, s. 4; 2003, c. 1, s. 15; 2008, c. 11, s. 1, s. 55; 2018, c. 23, s. 6.

2008-10-15

86.1. The board of directors may set up a professional liability insurance fund and administer it in accordance with the Act respecting insurance (chapter A-32).

The resolution creating the fund is effective only if the Minister of Finance authorizes the professional order to act as insurer in accordance with section 174.5 of the Act respecting insurance.

Professional liability claims for any professional fault committed, by persons who have ceased being members of the order for five years or less, while they were still members and were contributing to the fund must be paid out of the equity of the fund and according to the limits and the conditions and procedures determined by the board of directors.

Nothing in this Code shall prevent a professional order from setting up, acquiring or managing an insurance company to insure its members in respect of professional liability and, where applicable, other risks referred to in the second paragraph of section 220 of the Act respecting insurance, or the liability of a partnership or company which may arise from fault on the part of members authorized to carry on their professional activities within the partnership or company in accordance with section 187.11.

1987, c. 54, s. 34; 1990, c. 52, s. 1; 1994, c. 40, s. 74; 2001, c. 34, s. 4; 2003, c. 1, s. 15; 2008, c. 11, s. 1, s. 55.

2003-06-21

86.1. The Bureau may, by resolution, set up a professional liability insurance fund and administer it in accordance with the Act respecting insurance (chapter A-32).

The resolution is effective only if the Minister of Finance authorizes the professional order to act as insurer in accordance with section 174.5 of the Act respecting insurance.

Where so prescribed by resolution of the Bureau, claims based on the professional liability of former members of the order by reason of professional fault or negligence committed while they were members of the order must be satisfied out of the fund’s equity and according to the limits and the terms and conditions set out in the resolution.

Nothing in this Code shall prevent a professional order from setting up, acquiring or managing an insurance company to insure its members in respect of professional liability and, where applicable, other risks referred to in the second paragraph of section 220 of the Act respecting insurance, or the liability of a partnership or company which may arise from fault or negligence on the part of members authorized to carry on their professional activities within the partnership or company in accordance with section 187.11.

Notwithstanding section 96, the administrative committee is not authorized to exercise the powers provided for in the first and third paragraphs.

1987, c. 54, s. 34; 1990, c. 52, s. 1; 1994, c. 40, s. 74; 2001, c. 34, s. 4; 2003, c. 1, s. 15.

2001-06-21

86.1. The Bureau may, by resolution, set up a professional liability insurance fund and administer it in accordance with the Act respecting insurance (chapter A-32).

The resolution is effective only if the Minister of Finance authorizes the professional order to act as insurer in accordance with section 174.5 of the Act respecting insurance.

Where so prescribed by resolution of the Bureau, claims based on the professional liability of former members of the order by reason of professional fault or negligence committed while they were members of the order must be satisfied out of the fund’s equity and according to the limits and the terms and conditions set out in the resolution.

Nothing in this Code shall prevent a professional order from setting up, acquiring or managing an insurance company to insure its members in respect of professional liability or the liability of a partnership or company which may arise from fault or negligence on the part of members authorized to carry on their professional activities within the partnership or company in accordance with section 187.11.

Notwithstanding section 96, the administrative committee is not authorized to exercise the powers provided for in the first and third paragraphs.

1987, c. 54, s. 34; 1990, c. 52, s. 1; 1994, c. 40, s. 74; 2001, c. 34, s. 4.

1994-10-15

86.1. The Bureau may, by resolution, set up a professional liability insurance fund and administer it in accordance with the Act respecting insurance (chapter A-32).

The resolution is effective only if the Minister of Finance authorizes the professional order to act as insurer to insure its members in respect of professional liability pursuant to a regulation adopted under paragraph d of section 93.

Where so prescribed by resolution of the Bureau, claims based on the professional liability of former members of the order by reason of professional fault or negligence committed while they were members of the order must be satisfied out of the fund’s equity and according to the limits and the terms and conditions set out in the resolution.

Nothing in this Code shall prevent a professional order from setting up, acquiring or managing an insurance company to insure its members in respect of professional liability.

Notwithstanding section 96, the administrative committee is not authorized to exercise the powers provided for in the first and third paragraphs.

1987, c. 54, s. 34; 1990, c. 52, s. 1; 1994, c. 40, s. 74.

1990-11-21

86.1. The Bureau may, by resolution, set up a professional liability insurance fund and administer that fund in accordance with the Act respecting insurance (chapter A-32).

The resolution is effective only if the Minister of Finance authorizes the professional corporation to act as insurer to insure its members in respect of professional liability pursuant to a regulation made under paragraph l of section 94.

Where so prescribed by the Bureau by resolution, claims based on the professional liability of former members of the corporation by reason of professional fault or negligence committed while they were members of the corporation must be satisfied out of the funds’ equity and according to the limits and the terms and conditions set out in the resolution.

Nothing in this Code prevents a professional corporation from setting up, acquiring or managing an insurance company to insure its members in respect of professional liability.

Notwithstanding section 96, the administrative committee is not authorized to exercise the powers provided for in the first and third paragraphs.

1987, c. 54, s. 34; 1990, c. 52, s. 1.

1987-06-23

86.1. The Bureau may, by resolution, set up a professional liability insurance fund and administer that fund in accordance with the Act respecting insurance (chapter A-32).

The resolution is effective only if the Minister of Finance authorizes the professional corporation to act as insurer to insure its members in respect of professional liability pursuant to a regulation made under paragraph l of section 94.

Nothing in this Code prevents a professional corporation from setting up, acquiring or managing an insurance company to insure its members in respect of professional liability.

Notwithstanding section 96, the administrative committee is not authorized to exercise the powers provided for in the first paragraph.

1987, c. 54, s. 34.