Insurance Requirements
20. (1) An operator shall carry insurance in a form approved by the Superintendent of Financial Services of the Province of Ontario for every extermination business carried on by the operator with respect to the liability of the operator and all of the operator’s employees arising out of any extermination business carried on by the operator for death, injury or property damage. R.R.O. 1990, Reg. 914, s. 20 (1); O. Reg. 405/98, s. 15 (1). (2) Subject to subsection (3), where an operator carries on an extermination business, the liability coverage provided by the contract of insurance required under subsection (1) shall be in an amount of not less than $25,000 to each employee of the operator provided that the contract of insurance may limit the insurer’s liability under the contract of insurance arising out of any one incident to $50,000. R.R.O. 1990, Reg. 914, s. 20 (2). (3) If an operator furnishes satisfactory evidence that the operator’s business is covered under the Workplace Safety and Insurance Act, 1997 and that the operator is paying all premiums and other amounts due under that Act as they fall due, the operator is exempt from subsection (2) as long as the operator continues to pay all such amounts as they fall due and to comply with all applicable provisions of that Act. O. Reg. 405/98, s. 15 (2). (4) The contract of insurance required under subsection (1) shall provide comprehensive coverage in an amount of not less than $1,000,000 with respect to death, injury or property damage arising out of any one incident. O. Reg. 405/98, s. 15 (2). (5) The contract of insurance required under subsection (1) shall provide pollution coverage respecting the emission or discharge of chemicals into the environment as part of the business operated under the authority of the licence in an amount of not less than $200,000 with respect to death, injury or property damage arising out of any one incident. O. Reg. 405/98, s. 15 (2). (6) If the extermination business carried on by an operator involves the application of pesticides from an airborne machine, the contract of insurance required under subsection (1) shall provide coverage for liability for off target pesticide deposition in an amount of not less than, (a) $100,000 with respect to death or injury arising out of any one incident; and (b) $25,000 with respect to property damage arising out of any one incident. O. Reg. 405/98, s. 15 (2). (7) In subsections (4), (5) and (6), a reference to death or injury means death of or injury to a person who is not an employee of the operator. O. Reg. 405/98, s. 15 (2). (8) The contract of insurance required under subsection (1) may provide that the insured shall be responsible for the first $2,500 of each claim for which coverage is required under subsections (4), (5) and (6). O. Reg. 405/98, s. 15 (2). (9) Every contract of insurance furnished in satisfaction of the requirements of this section shall provide that, (a) the insurer shall give 30 days notice by registered mail to the Director prior to any cancellation of the contract by the insurer or the insured taking effect; (b) the contract of insurance shall remain in full force and effect until the notice provided for in clause (a) has expired; and (c) the insurer shall pay any claims covered by the contract of insurance to any person making such a claim who has recovered a judgment thereon despite any act or default of the insured which might make the policy void or give the insurer a defence to an action by the insured provided that such provision shall not limit the insurer’s right to recover any payment so made from the insured. R.R.O. 1990, Reg. 914, s. 20 (9); O. Reg. 405/98, s. 15 (3). Technicians and Trainees