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:
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.
For more information and to obtain the required forms to apply for an exemption under section 6 of the Regulation, please contact the OIQ by email at the following address: email@example.com or by calling 514 845-6141 or 1 800 461-6141, extension 2467.