Professional Liability Insurance

Professional Liability Insurance (PLI), also known as ‘Malpractice’ or ‘Errors and Omissions’ insurance, provides financial protection if legal action is taken against a registrant for errors or mistakes in their practice. A registrant’s requirement to have valid PLI is described in the Regulated Health Professions Act, 1991. Additionally, the CMLTO By-Law states “each licensed practicing registrant must hold and maintain professional liability insurance in an amount that is at least $1,000,000 per occurrence”.

Who is required to hold Professional Liability Insurance?
Practising registrants Non-practising registrants
The CMLTO By-Law requires registrants holding Practising certificates of registration to carry PLI. Registrants holding Practising certificates of registration, but who are not currently employed or otherwise engaged in professional practice, are not required to carry PLI. Registrants holding a Non-practising certificate of registration are not required to carry PLI as they are not currently engaged in medical laboratory technology practice. If they wish to change to a Practising certificate of registration, they are required to declare they understand and meet their PLI requirements.
How can I obtain Professional Liability Insurance?

Professional Liability Insurance can be obtained through different providers so long as it covers the registrant’s practice of medical laboratory technology and meets the CMLTO By-Law requirements. PLI providers may include:

  • An employer’s policy directly with an insurance provider
  • A professional association such as CSMLS and MLPAO
  • A union (i.e. OPSEU)
  • A private insurance companies

Will I be required to provide proof of my PLI to CMLTO?

Registrants are only required to submit proof if they are randomly selected for the PLI audit (see below for further details). However, CMLTO applicants and registrants are required to self-declare their understanding and compliance with the PLI requirements through various registration processes. These include:

  • New applicants as part of their online application
  • Practising registrants during their annual registration renewal
  • Suspended registrants when they reinstate their registration
  • Non-practicing registrants changing their certificate of registration to Practising 
As a Practising MLT, what do I need to check each year?

Practising MLTs will need to ensure they have PLI that meets the criteria described in the CMLTO By-Law, in all employment settings.

  • MLTs who work within a hospital setting, or in a private laboratory, may already have PLI through their employer(s) that meets the CMLTO By-Law requirements. You should check with your human resources department to confirm.
  • If you have PLI through a professional association or union, you can contact the organization directly to obtain the insurer’s name and the policy number.

When reflecting on your PLI coverage, you may consider asking yourself:

  • Do I have the correct type of coverage? 
  • What expenses does it cover? (i.e., legal fees)
  • Is there a deductible? If yes, how much is it? 
  • Are there any limits or exclusions described in the policy? 
  • If I needed to access the insurance, how would I do so?

CMLTO Annual Professional Liability Insurance Audit
CMLTO conducts an annual PLI audit in which randomly selected registrants must provide proof of their coverage. The audited registrants are notified about the audit by email and mail. The audit includes questions about a registrant’s insurance provider(s), policy number(s), and expiry date(s). Registrants have 30 days to complete and submit their audit to the CMLTO.
Please note that failure to provide proof of PLI coverage and/or failure to respond to the audit is considered professional misconduct. CMLTO staff are available to assist registrants during the audit process and maintaining their compliance with PLI requirements.