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    Professional Liability Insurance 

    New Regulation Effective date: April 1, 2021

     

    On March 26, 2020, the Board of Directors adopted a new Regulation respecting professional liability insurance for engineers. This regulation will come into force on April 1, 2021.

    Objectives:

    • add clarifications that will help members understand the Regulation;
    • obtain non-nominal data on the loss experience of exempted firms to better steer our prevention efforts for the protection of the public.

    Here are the main changes in the new professional liability insurance Regulation:

    Basic group plan

    The maximum amount of fees that may be received by engineers, who work alone and for their own account, for the professional services they provide during a 12-month period has increased from $10,000 to $15,000.

    The engineers in this case are considered to be engaged in occasional private practice and are not required to enrol in the supplementary group plan because the basic group plan will cover their practice.

    • The period begins on April 1 of every year.
    • • The fees received by engineers refer to fees for professional services that they provide to a client in relation to activities reserved for engineers (sections 2 and 3 of the Engineers Act) :
      • who practice in Quebec;
      • who practice outside Quebec and perform acts of engineering for works located in Quebec.

    Supplementary group plan

    Stricter regulation of the exemptions granted to organizations and employers contemplated by section 5 of the current Regulation:

    • Non-nominal information on the loss experience of exempted organizations will be disclosed. This information will allow us to better steer our prevention efforts and thus fulfill our mission of protecting the public;
    • Reinsurance will still be prohibited and third parties will still not be allowed to pay the deductible;
    • There will be no deductible in the 5-year extended coverage period.

    New cases of exemption from enrolling in the supplementary group plan

    Engineers who are in one or more of the following situations will not be required to enrol in the supplementary group plan:

    For example, engineers who have been named design approval representatives and who act on the basis of a delegation of power granted by Transport Canada.

    Engineers who will from now on be required to enrol in the group plan by the new Regulation

    Engineers who are employees, such as of cooperatives or non-profit legal persons, and provide professional services to clients other than their employer, unless they are exempted under an exemption provided in the Regulation.

    However, these engineers may be exempted if they do not perform any activities reserved for engineers, either in Quebec or in relation to works that are located in Quebec.

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