Liability Insurance

All surveyors who provide surveys to the public must maintain Professional Liability insurance. This ensures that any person who suffers a loss because of an error or omission is protected. The AOLS voluntarily embraced the mandatory requirement for insurance in 1980, while virtually all other professional groups waited until mandatory insurance was legislated upon them.

Unlicensed practitioners do not carry liability insurance and may leave you subject to serious financial liabilities.

The Surveyors Act has the following provision:

32.

1.  No member of the Association or holder of a certificate of authorization shall engage in the practice of professional surveying unless insured against professional liability in accordance with the regulations or in accordance with arrangements under subsection
    
2.  R.S.O. 1990, c. S.29, s. 32 (1); 2009, c. 33, Sched. 22, s. 11 (46).
    

Ontario Regulation 1026 contains the following provisions:

LIABILITY INSURANCE

36.

1. Every professional member who holds a certificate of authorization or practises under the authority of a partnership, or corporation that holds a certificate of authorization shall have insurance coverage for liability for errors, omissions and negligent acts arising out of the performance or non-performance of all services within the practice of professional surveying offered or provided to the public by the member. O. Reg. 218/10, s. 18; O. Reg. 327/12, s. 14.
    
2. The insurance coverage shall be under a professional liability policy and shall be placed with an insurer licensed under the Insurance Act to undertake insurance in the Province of Ontario.  R.R.O. 1990, Reg. 1026, s. 36 (2).
    

37. 

1. The Association shall hold a master professional liability insurance policy with individual certificates issued to each member or holder of a certificate of authorization applying for one.  R.R.O. 1990, Reg. 1026, s. 37 (1).
    
2. The policy limit for each individual certificate under the master policy shall be not less than $500,000 for each single occurrence and not less than $1,000,000 a year for all occurrences.  R.R.O. 1990, Reg. 1026, s. 37 (2).
    
3. Every member and every holder of a certificate of authorization issued an individual certificate under the master policy shall inform the Registrar immediately upon notice of a claim or an impending claim under it.  R.R.O. 1990, Reg. 1026, s. 37 (3).
    

38.  

1. Every professional member, partnership, or corporation required to be insured under subsection 36 (1) that does not have an individual certificate under the master policy shall furnish the Registrar with a copy of his, her or its professional liability insurance policy and notice of any change in such a policy.  R.R.O. 1990, Reg. 1026, s. 38 (1); O. Reg. 509/99, s. 9 (1); O. Reg. 218/10, s. 19.
    
2. A policy under subsection (1) shall provide at least the minimum coverage required under subsection 37 (2) and shall contain a clause that the Association shall be given ten days notice before the policy is cancelled.  R.R.O. 1990, Reg. 1026, s. 38 (2); O. Reg. 509/99, s. 9 (2).
    

39. 

1. Any member who is not a holder of a certificate of authorization and does not offer services to the public under the authority of a certificate of authorization is exempt from the requirement to be insured against professional liability.  R.R.O. 1990, Reg. 1026, s. 39.