Yes, all members must renew by January 1st each year.

Clinical Work:

If you are or plan to work onsite in a private or public clinic, you should confirm with the employer what level (coverage limit(s)) they require for Professional Liability (referred to as Errors and Omissions) Insurance and Commercial General Liability (CGL) insurance (if any) to ensure you purchase the correct level(s) of coverage to meet your practice needs.

Community Work:

If you are or plan to work in a community (public recreation centres and/or a combination of private clinic and public spaces) setting, you will likely require a minimum of $5 million (per loss) coverage limit, along with matching coverage for CGL insurance. It is now a standard risk management policy for most cities, districts and municipalities to require all persons or entities utilizing their facilities or public spaces for business or professional purposes to carry high levels of insurance to reduce the local government’s exposure to loss, should something negative and unforeseen happens with, or to, a client while receiving your services in or on public facilities/property.

Additional things to consider:

1. Review the contractual agreements you have with the organizations/businesses/cities or municipalities you do business with or in. Does one or more agreement specify coverage levels and the types of insurance you require? You will want to ensure you are meeting the specified requirements in any contracts, as there is often a requirement to maintain certain limits for E&O and CGL coverage. This is particularly true if you work in public (city/municipal) or private gym facilities as a contractor or sub-contractor.
2. Consider your client/customer base. Do you work with clients who have high incomes, such as celebrities, doctors, lawyers or other professionals? Claims brought against you by clients who are high income earners can be substantially higher than the average person and may exceed the loss limit for coverage on many policies.
3. Review the services you provide. Do you provide rehabilitation therapy, or other modalities? Providing rehabilitation therapy or other treatments such as Shockwave therapy (ESWT), Low Intensity Laser Therapy (LILT), Therapeutic Ultrasound, Interferential current therapy, yoga or therapeutic yoga (this list is not exhaustive) can have a higher risk exposure to client injury and lawsuits, which may require additional premium to cover the risk. Members should always consider purchasing more E&O and CGL coverage when providing higher risk professional services and ensure you have extended reporting period coverage when you eventually retire or change careers.
4. Work outside of Canada (United States). Do you provide services to persons who are resident outside of Canada, either in person or via the Internet? If you do, you will need to estimate what percentage of revenue will come from US based clientele. If you generate US based revenue then contact the insurance broker to discuss your circumstances, as there are typically limits on how much US exposure Canadian based insurers will cover. If you have foreign revenue which is not US based, you will need to contact the insurance broker to determine if the policy coverage meets your needs.

Unfortunately, you can be sued for any injuries or property damages that occur while working with clients—even if you’re not at fault. This situation is so common that most venues, government parties, and corporations require that you have this type of coverage in place before you engage in any contract.

Additionally, if you run your business from home, you could be at risk. For example, if a delivery man slips and falls delivering a work-related package, your typical home owner’s policy may not cover it. Commercial General Liability will.

Commercial General Liability covers you in the case of third party injuries and property damage that occurs through your professional activities. It also provides you with insurance for Tenant’s Legal Liability, Employer’s Liability, Voluntary Compensation and Non-Owned Automobile coverage and more.

The insurance application requires you to input this information. It is only an estimate for the last 12 months and for most kinesiologists the gross revenue/income is somewhere between $20,000 and $60,000 per year, however members who run their own business and have employees or use contractors/sub-contractor will typically have higher gross revenues and this may impact the insurance premium. A low estimate will not impact your premium or eligibility for the liability insurance.

If you are just beginning your career, and are unsure or haven’t generated any revenue yet, please provide your best guess of what your Gross Revenue/Income will be once you have worked for a full year.

If you work in the community, the various cities, districts, municipalities, school/parks/police/community centres (the “facilities”) in which you work may require that you name them as an additional insured on your commercial general liability insurance policy prior to accessing a facility.

Adding additional insureds to a CGL policy requires time for the insurer to assess the risk, so you should ensure this is completed well in advance of your required access date, preferably at the time the initial coverage is purchased, or may result in a delay (it can require 2 weeks or more) before the addition is approved and you receive a certificate of insurance.

Again, this delay may impact your ability to earn income should you be denied entry to a recreation facility, public park or school property and are unable to work with clients until such time as you provide written proof (i.e., the certificate of insurance) the entity has been added as an additional insured.

What if someone makes a claim after your claims-made policy expires?   That’s where the Extended Reporting Period (ERP) kicks in. An ERP keeps your policy in force for a specified period of time following cancellation or expiration; that means you’ll be covered for claims made against you for the duration of the 6 year ERP policy term.

For Kins insured through the CKA Plan, a 6 Year ERP is AUTOMATICALLY included within the Professional Liability Insurance Policy. It will apply in the event that a Kin:

• Retires from practice;
• Passes away;
• Ceases practicing as a Kin or continues practicing and does not renew CKA/AKA or OKA membership.

This ERP offered by Trisura is the broadest form of coverage available on the market, and meets all of the requirements of the different regulatory bodies such as the College of Kinesiologists of Ontario.

Your CKA Professional Liability Insurance policy provides coverage for any advice, services, and training that you provide in a digital format (i.e. online or virtual care)— as long as you ensure that you are operating within your scope as a Kinesiologist as defined by the CKA.

However, please be advised that this policy will only respond if a lawsuit or allegation is brought against you in Canada.

If you are providing online services to clients and patients based outside of Canada (such as within the US), please contact PROLINK at CKA@prolink.insure. We will help you secure separate coverage for lawsuits and allegations brought against you outside of Canada.

Libel and slander (AKA “personal injury”) can be encompassed under the umbrella term “defamation”. These are statements that damage a person or organization’s reputation resulting in emotional injury. Slander means any verbal defamatory statements. Libel refers to written defamatory statements. However, you are only covered if you unknowingly committed something that is considered libel or slander.

This refers to vehicles that are not owned by your company, but are being used for business purposes. For example, it provides protection if an employee must drive their own personal vehicle for business use. It covers bodily injury and property damage that is caused by such vehicles, because otherwise the employer can be held liable for employee-perpetrated accidents.

It protects you (the employer) from losses arising from job-related injuries of employees.

If you rent or lease a commercial property for your clinic and accidentally cause property damage, you could be held liable. Tenant’s Legal Liability will help defend you against legal actions and will provide you with funds to cover the damages.

Not necessarily. You need to check your policy or request PROLINK‘s assistance to determine if adequate coverage is available.

Every business runs the risk of experiencing a cyber/privacy breach at least once in their lifetime. Recently, sophisticated fraudsters have proven that even the most secure organizations are at risk, too. The prevalence of cyber-attacks is only expected to increase and businesses report massive financial losses as a result of managing the fall-out. While a good defence strategy can certainly help, it’s not a question of IF your company will experience a breach but when.

In Canada, privacy laws are ever-changing. And the process of navigating a breach is confusing and expensive. Damages are being awarded for not only sensitive information exposed, but for the resulting emotional injury as well. Finally, is every single one of your employees tech-savvy? Can they recognize a phish and stop scammers at the gate? The reality is that many breaches are caused by employee errors or mal-intent. And you need to be protected. Cyber/Privacy Liability insurance can help with that.

• Our Cyber/Privacy Liability policy will provide you with funding for Public Relations services to manage the reputational impact of the breach, as well as, provisions for credit monitoring and client notification fees if sensitive client information is exposed.
• Additionally, you will be able to cover the legal defence fees in the case of a civil suit made against you, along with funds for court-awarded damages.
• Finally, you will have access to a breach coach who will guide you through the entire process.

A breach coach is a lawyer who specializes in guiding firms through a Cyber/Privacy breach. They are there to provide you with the advice you’ll need to make the process as simple as possible.