Exemptions 

An engineer who renders professional services to clients other than his employer or partnership (private practice) may be exempted from the obligation to subscribe to the group supplementary professional liability insurance plan contract entered into by the OIQ if he finds himself in one of the following situations:

• He is at the exclusive service of a public body contemplated in section 3 of the Act respecting access to documents held by public bodies and the protection of personal information (chapter A-2.1) or of a federal institution contemplated in section 3 of the Access to Information Act (R.S.C. 1985, c. A-1) (see subparagraph 1 of section 5 of the Regulation respecting professional liability insurance for engineers);
• He performs tasks for a public body or a federal institution that covers liability that may incur as a result of faults committed by him while practicing his profession (see subparagraph 2 of section 5 of the Regulation respecting professional liability insurance for engineers);
  
  For example, an engineer who has been named design approval representative and who acts on the basis of a delegation of power granted by Transport Canada.
  Note: the engineer will have to provide the required information when he declares an employment in his profile in which he works in private practice in the field of aeronautical or aerospace engineering and that a public body or federal institution covers liability for his work. An engineer who is in this situation and does not practice in the field of aeronautical or aerospace engineering will need to contact the OIQ to provide it with this information.
• He practices his profession for the account of a partnership or an employer that assumes financial liability for the damages caused by faults he commits in the practice of his profession by means of an insurance contract that meets the requirements listed in section 6 of the Regulation respecting professional liability insurance for engineers.

To be exempted, an engineer must forward to the OIQ an application signed by an officer of the partnership or employer on whose behalf he practices his profession, accompanied by the prescribed fee, the certificate of insurance and any endorsement demonstrating that the requirements set out in subparagraph 1 of the first paragraph of section 6 of the Regulation have been met, including:

• The amount of the coverage is at least $1,000,000 per loss and at least $2,000,000 for all losses arising during the year or for which a claim is filed during that year (sub-subparagraph c of subparagraph 1 of the first paragraph of section 6 of the Regulation respecting professional liability insurance for engineers;
• The coverage extends to all claims presented against the insured for a period of 5 years following the year he no longer is required to maintain security to cover his liability, without an applicable deductible (sub-subparagraphs b and d of subparagraph 1 of the first paragraph of section 6 of the Regulation respecting professional liability insurance for engineers;
• The deductible applicable to a claim other than the one provided for the 5 years of coverage (see paragraph above) must be at least $1,000,000 and the partnership or employer can pay it without having to resort to a reinsurance contract, surety bond or a third-party commitment to pay it (sub-subparagraph e of subparagraph 1 of the first paragraph of section 6 of the Regulation respecting professional liability insurance for engineers.

In addition, the partnership or employer must submit a report to the OIQ every 6 months from the date of the exemption granted by the OIQ, on the form provided for that purpose, setting out the professional liability claims made regarding the engineer and the claims made to the partnership's or employer's insurer.

To obtain the required forms, you must request them.