Professional Liability Insurance

Understanding Your Obligations

Professional liability insurance is designed to protect you in the event of a professional error or omission. For you, it is a requirement, but for the public, it is a safeguard.

The Règlement sur l’assurance de la responsabilité professionnelle des ingénieurs (Regulation respecting professional liability insurance for engineers, in French only) (“Règlement”) provides two parts of insurance: the basic group plan (part 1) and the supplementary group plan (part 2).

An amendment to Section 187.11 of the Professional Code led to the creation of a third plan known as the group plan for non-reserved activities within an organization (part 3).

You automatically subscribe to the basic group plan during your annual registration. To determine whether Section 2 or 3 is required, you must consider:

– Are you in private practice?
– Are your activities reserved for engineers?
– Does your organization primarily provide engineering services?

Identifying your practice

GENERAL PRACTICE

You are in general practice if you provide professional engineering services internally, not to your employer’s clients. For example, if you design a part intended for sale: when the purpose of contracts is the sale of products and not only services, you are in general practice.

Members in general practice may work, for example:

  • In a manufacturing plant
  • For the government
  • For a municipality
  • For a state-owned enterprise
  • For a university, as a professor

If you are in general practice, you are covered by part 1*. You automatically subscribe to part 1 during your annual registration. No additional steps are required.

* Refer to the text of the basic group plan policy for complete terms and conditions.

PRIVATE PRACTICE

Even if you are not self-employed, when you provide professional services to a client of your employer or to a company, and your service does not include performing the actual work, you are in private practice.

Examples of private practice:

  • members in consulting services, whether self-employed or not;
  • building inspectors, whether self-employed or not;
  • members who manage projects for third parties, whether self-employed or not;
  • members in consulting services working for a cooperative or a nonprofit organization.

If you are in private practice, your insurance requirement depends on the activities you perform. Refer to Determine if your activities are reserved for engineers.

OCCASIONAL PRIVATE PRACTICE

Occasional private practice applies when the following two conditions are met:

  1. Your fees total $15,000 or less for professional services corresponding to activities reserved for engineers, or for pre-purchase inspection activities, provided during a 12-month period beginning April 1st of each year.
  2. You offer professional services alone and on your own behalf. This refers to a self-employed worker or an engineer working alone for a sole proprietorship, not for a corporation or legal entity (such as an incorporated company).

In this situation, your practice is covered by part 1.

If you do not meet these conditions, you must subscribe in part 2.

Examples where occasional private practice does not apply:

  • You provide your services thougth ugh a general partnership or a corporation. In this case, you are not considered as self-employed even if you work alone within your company and your fees are less than $15,000. Therefore, you are not eligible for occasional private practice and you must subscribe to part 2.
  • You hold a temporary restrictive engineering permit. In this case, you do not work alone but rather under the direct supervision of an engineer. Therefore, you are not eligible for occasional private practice and must subscribe to part 2.

 

Determine If Your Activities Are Reserved For Engineers

Your insurance requirement varies depending on whether your activities are reserved for engineers or not.

ACTIVITIES RESERVED FOR ENGINEERS

Reserved activities are not limited to signing plans.

The Guide de pratique professionnelle (Professional Practice Guide, in French only) clarifies the concepts of engineering and reserved activities defined by the Engineers Act. Consult its Section “Exercice de l’ingénierie et activités réservées à l’ingénieur” to help you identify your type of activities.

Examples of activities reserved for engineers:

  • You give a verbal opinion on a structural element of a building;
  • You supervise the work on a structure and inspect the project;
  • You modify a specification sheet or a decommissioning plan;
  • You prepare or authenticate the operating manual of industrial equipment;
  • You write the specifications for software intended to automate industrial equipment.

If you are in private practice and your reserved professional activities are performed from Quebec or relate to works located in Quebec, refer to part 2.

ACTIVITIES NOT RESERVED FOR ENGINEERS

Activities not reserved for engineers can be divided into two categories: those that are part of the practice of engineering and those that are not.

Activities that are part of engineering practice

Activities that correspond to engineering work as defined in Section 1.1 of the Engineers Act are considered part of the practice of engineering, even if those activities are not reserved for engineers.

Examples:

  • You manage engineering projects without issuing any verbal or written compliance notices;
  • You conduct research on a new material;
  • You carryout environmental impact assessments for road construction projects.

Refer to the Section on engineering work (Exercice de l’ingénierie et activités réservées à l’ingénieur, in French only) in the Guide de pratique professionnelle, to help you identify which types of activities apply to you.

If you carry out non-reserved activities in your engineering practice, you may be subject to the requirements of the Professional Code. See part 3.

Activities that are not part of engineering practice

You are not required to have insurance if your activities do not meet the characteristics of engineering work defined by Section 1.1 of the Engineers Act.

Examples:

  • You work as an estimator for a construction contractor;
  • You teach, without giving an opinion on an ongoing project;
  • You make technical product presentations for sales purposes.

 

 

PART 1: BASIC GROUP INSURANCE PLAN

 

PART 2: GROUP SUPPLEMENTARY INSURANCE PLAN  

 

PART 3 – GROUP PLAN FOR NON-RESERVED ACTIVITIES WITHIN AN ORGANIZATION
POSSIBLE EXEMPTIONS TO THE SUPPLEMENTARY GROUP PLAN

OUR INSURANCE BROKER AND INSURANCE MANAGER

The OIQ has an exclusive contract with the broker BFL CANADA.

BFL CANADA

2001, avenue McGill College, suite 2200

Montréal, Québec H3A 1G1

Tel.: 514-315-4529 or 1-833-315-4529

Email: [email protected]

The insurance manager for the group plans is Victor Insurance Managers Inc.

Don’t forget to disclose your claims!

Engineers must notify their clients, their insurer, and the OIQ immediately if a claim is made against them under the professional liability insurance plans. Refer to the claims page for more information on how to proceed and what conditions apply

You may be eligible for a discount on your premiums

If you are in private practice and are covered under the group supplementary plan, you may be eligible for a discount on your professional liability insurance premiums.

 

Warning!

The contents of this webpage are intended to convey general information and do not constitute legal advice or opinion.

The OIQ is here to answer your questions

The OIQ is here to answer your questions. If you need clarification on insurance requirements or the scope of coverage, please contact us!

Be sure to consult the Professional Practice Guide, which contains a wealth of important information about your practice, including professional liability insurance.
Contact the OIQ


Contact the OIQ