Professional Liability Insurance

On June 1, 2023, the AMF published regulatory amendments relating to professional liability insurance. The regulatory amendments are intended to, on the one hand, increase consumer protection and, on the other, relax certain controls put in place by the AMF to monitor professional liability insurance policies and ensure their compliance.

The amendments primarily involve the following elements:

Transitional provisions are provided to give insurers enough time to make the necessary adjustments to their contracts. Representatives and registrants that purchase or renew their insurance contracts between June 1 and September 30, 2023 will have to ensure that their insurance contracts are consistent with the new regulatory requirements not later than 12 months after purchase or renewal.

In all other situations, the insurance contract covering registrants’ and representatives’ liability will have to be consistent with the new regulatory requirements not later than June 1, 2024.

Disclosures

The following disclosures apply to authorized insurers that provide professional liability insurance coverage to representatives and registrants governed by the Distribution Act This link will open in a new window or the Securities Act This link will open in a new window for the mutual fund dealer and scholarship plan dealer categories.

1- Non-renewal or cancellation (termination) of a professional liability insurance contract

If the insurer decides not to renew or to cancel a professional liability insurance policy, it must notify the AMF through AMF E-Services. The insurer must send the notice to the AMF not less than 30 days prior to the date of non-renewal or cancellation of the policy. 

In addition, the insurer must notify the AMF as soon as it receives a notice of non-renewal or cancellation of an insurance contract.

To notify the AMF:

  1. Sign in to AMF E-Services.
  2. Validate the information in the identification section.
  3. Select “Professional liability insurance” under the “Insurer” menu, then “Cancellation or non-renewal”. 
  4. Enter the information about the cancelled or unrenewed insurance contract:
    1. Insurance policy No.
    2. Insurance certificate No. (if any)
    3. Date of cancellation or non-renewal
  5. Enter the information about the named insured or insureds in the cancelled or unrenewed insurance contract:
    1. Insurance policy No.
    2. Insurance certificate No. (if any)
    3. Full name of named insured or insureds
    4. AMF identifier (client No./certificate No./registration No./NRD) or date of birth (in the case of a representative)
  6. Submit the information.

2- Professional liability insurance claims

The insurer must complete and send the form Notice of claim (pdf - 118 KB)This link will open in a new windowUpdated on September 18, 2023 by mail or submit it through AMF E-Services to notify the AMF of any claim relating to professional liability (E&O) insurance.

When responding to annual disclosure requests (disclosure schedule), the insurer should complete and submit the form Absence of claims (pdf - 122 KB)This link will open in a new windowUpdated on September 18, 2023 through AMF E-Services if it does not have any claims to report for a given period.

3- Wording of professional liability (E&O) insurance contractsNote that disclosure relating to insurance policy wording will cease in 2024. The final disclosure is required on or before January 31, 2024.

When responding to annual disclosure requests (disclosure schedule), the insurer should complete and submit the form Insurance policy wording (new or amended) (pdf - 134 KB)This link will open in a new windowUpdated on September 18, 2023Insurance wording, New wording, amendments wording, Insurance wording, insurance policies through AMF E-Services if new wording is added or amendments are made to an existing professional liability (E&O) insurance policy.

When responding to annual disclosure requests (disclosure schedule), the insurer should complete and submit the form Insurance policy wording (no new wording or amendments) (pdf - 149 KB)This link will open in a new windowUpdated on September 18, 2023 through AMF E-Services if no new wording is added or no amendments are made to an existing professional liability (E&O) insurance policy for a given period.

Disclosure schedule

Notices of disclosure relating to claims and insurance policy wording must be submitted through  AMF E-Services annually between January 1 and January 31 for the period of January 1 to December 31 of the preceding year:

Forms concerned by these disclosures

These disclosures must be filed with the AMF through AMF E-Services within 30 days following the end of each period. Please refer to your "Disclosure schedule".

To submit disclosures to the AMF:

  1. Sign in to AMF E-Services.
  2. Validate the information in the identification section.
  3. Select “Client File”, then “Disclosure schedule”.
  4. Select “Insurance, F. Pl. and Mortgage Brokerage (ADFPS)” and click on “Display”.
  5. Click on the disclosure concerned and attach the relevant form.
  6. Submit the request.

Lexicon of terms to use in professional liability insurance policies

The AMF recommends that insurers use the following terms when drafting their professional liability insurance contracts.

Applicable coverage based on the way of carrying on business

  • Firm
    • Employees
    • All attached representatives who are not employees (optional)
    • Trainees
    • Mandataries
  • Independent partnership
    • Employees
    • Partners
    • Trainees
    • Mandataries
  • Independent representative
    • Employees
    • Trainees
    • Mandataries
  • Attached representative who is not an employee
    • Employees
    • Trainees
    • Mandataries
  • Firm registered in mutual funds or scholarship plans
    • Employees
    • All attached representatives who are not employees (optional)
    • Mandataries

Sectors or sector classes

  • Insurance of persons
    • Accident and sickness insurance
  • Group insurance of persons
    • Group insurance plans
    • Group annuity plans
  • Damage insurance
    • Personal-lines damage insurance
    • Commercial-lines damage insurance
  • Claims adjustment
    • Claims adjustment in personal-lines damage insurance
    • Claims adjustment in commercial-lines damage insurance
  • Financial planning
  • Mortgage brokerage
  • Group savings plan brokerage
  • Scholarship plan brokerage

Types of liability

  • Errors
  • Fault
  • Gross fault
  • Negligence
  • Omissions

Notice

  • Cancellation
  • Renewal
  • Claim

Other terms

  • Extension of coverage
  • Defence costs

References