Paddle Canada / Pagaie Canada Insurance Policy Summary

Transcription

1 Paddle Canada / Pagaie Canada Insurance Policy Summary Paddle Canada maintains three separate insurance policies. They are: Director s & Officer Liability Insurance Property Insurance (Office Equipment; Canot du Nords (2), Canot du Maitres (2), trailers (2)) Paddling Program 3 rd Party Liability Insurance This summary will deal only with the third policy, that being Paddle Canada s paddling program liability policy. Background: The intent of Paddle Canada s paddling program liability policy is to provide basic inexpensive third party liability insurance for the operation of Paddle Canada courses by currently qualified / current year Paddle Canada Instructors. As individual Instructors we would otherwise be unable to afford to procure insurance for our courses. Even the simplest of courses would cost in the thousands of dollars. Paddle Canada courses have a long history of SAFE delivery when delivered by qualified Paddle Canada Instructors. Paddle Canada Instructors have proven that they can indeed safely manage the risks associated with our recreation when delivering approved and sanctioned Paddle Canada program. Paddle Canada is Fully insured for 3 rd Party Liability Coverage (Bodily Injury and Property Insurance) for 5 million dollars per occurrence and 10 million aggregate. Paddle Canada Instructors, Assistant Instructors, Course or Clinic Volunteers act on behalf of Paddle Canada during the delivery of sanctioned Paddle Canada Courses. As such they are a party to the contract between Paddle Canada and its Insurer. They are named as Insured therein. As such they have no right to recover from the Paddle Canada Insurance provisions. The key words are 3 rd party, meaning the coverage would respond to cover our instructors and volunteers should action be taken against them by others (ie: third parties) while acting on behalf of PC in the operations and execution of sanctioned Paddle Canada events and courses. However, Paddle Canada Instructors, Assistant Instructors, Course or Clinic Volunteers, their companies, and or their employers are not insured under the Paddle Canada policy, since all of these positions are considered parties to the contract. In other words, if that instructor or volunteer, their companies and or their employers suffers a loss or injury during the Paddle Canada course or event, they are not covered. That would be 2 nd party coverage which we do not have. Paddle Canada s Paddling Program Liability Insurance covers: Paddle Canada approved paddling programs

2 The coverage commences at the start of the actual course or clinic (it does not include travel to the course), and ending at the end of the course or clinic (it does not include travel home from the course or clinic). Delivered by currently qualified Paddle Canada Instructors. Each course / clinic must be sanctioned by Paddle Canada (registered in advance with the Paddle Canada office). Operated within the Paddle Canada paddling program requirements, including: o Delivered in Canada. Paddle Canada courses / clinics can not be delivered outside of Canada. o Non- Canadians may be certified as Paddle Canada Instructors. However they can only be sanctioned to deliver Paddle Canada paddling programs in Canada. If it is delivered outside of Canada, it is NOT a Paddle Canada course or program. o Instructor to student ratio. o Paddling program contents. o Classification of water. o Program delivered outside / above / beyond the Paddle Canada paddling program may not be covered. Example: a portage on a canoe tripping course will be covered. An evening hike to a local mountain peak may not be. o Personal Flotation Devices / Personal Buoyancy Devices / and or Life Jackets must be properly worn by all Instructors and Course / Clinic Participants during the on the water and close to water (lining canoes along a rapids) components of the course. PFDs/PBDs/Life Jackets must be Canadian Coast Guard approved, in good shape, and properly worn. o Paddle Canada Waiver / Acknowledgement of Risk Form must be signed and witnessed (by someone other than the Course Instructors), preferably before the day the course or clinic starts, but in no case later than the actual start (time) of the of the course or clinic. The waiver / AoR must be reviewed with the course at the start of the course (read to the participants, ensure they all understand). o Paddle Canada, Instructor, Candidate equipment and vehicles are NOT covered by the Paddle Canada policy. What is NOT covered: Losses by Paddle Canada course staff. Includes medical costs, loss of wages, damage and or loss of equipment. Losses incurred by Paddle Canada course instructors and course volunteers companies and or employers. Travel to and from the course or clinic. Non-sanctioned Paddle Canada courses / clinics. Courses / clinics that operate beyond the Paddle Canada approved program (example: do not adhere to the instructor / student ratio, program curriculum, approved water conditions, do not adhere to Canadian Coast Guard requirements, or where course instructors, volunteers and students do not wear Life Jackets (this term now includes Personal Floatation Devices (PFDs) and Personal Buoyancy Devices (PBDs)). Courses / workshops offered outside of Canada.

3 Courses wherein all Instructors, Volunteers, and Participants have not signed the Paddle Canada Acknowledgement of Risk / Waiver Form. Personal equipment including canoes, kayaks, paddles, etc. Activities outside of the approved Paddle Program. Frequently Asked Questions: Certificates of Cross Insurance o Must be requested by the policy holder, Paddle Canada, and not directly by an Instructor to the Insurance Broker. The Paddle Canada Past President, Eric Williams, currently serves as Paddle Canada s single point of contact with the Insurance Broker. o National, Provincial, and Municipal Parks, private camps, and other facilities which are hosting or allowing Paddle Canada programs to be delivered on their property or facilities may be considered for Certificates of Cross Insurance. o Paddle Canada Instructor s Companies or Organizations, or Companies or Organizations which employ Paddle Canada Instructors, are NOT eligible to be covered by this policy. o Successful requests will receive a certificate indicating that they are listed on Paddle Canada s Liability Insurance Policy for the specific Paddle Course / Instructor(s) / dates listed on the certificate. o Certificates must be requested at least 21 days prior to the start of the course or clinic. Enhancing Activities o Enhancing activities may be included in a sanctioned Paddle Canada course or clinic providing: All other Paddle Canada course activities for that specific course have been completed. The enhancing activity is part of another approved Paddle Canada Course. The Instructor is qualified to deliver the enhancing activity components from the other and or more advanced program. The Paddle Canada Instructor agrees that the course participants are prepared and competent to attempt the other and or advanced component. The Course participants understand that the advanced program material is above and beyond the course they are attempting, and agree to undertake it. Medical Insurance o Paddle Canada s Insurance Policy DOES NOT include medical insurance for Instructors and or Course Candidates. o It is understood that Canadians, by definition, have adequate medical insurance coverage. o Non-Canadian Instructors and or Non-Canadian Course Candidates must provide proof of medical insurance coverage while in Canada for the duration of the course or program.

4 Paddle Canada Waiver / Acknowledgement of Risk Forms o Must be signed by all Paddle Canada Course / Clinic Participants no later than the start of the course or clinic, and preferably before the day the course or clinic begins. o The waiver / acknowledgement of risk forms must be witnessed by someone other than Paddle Canada course Instructors. o Must be retained by the Course Director for a period ending seven (7) years after the youngest participant on the course turns 18 years of age. Example: The waiver / AOR form for a 14 year old taking a course in 2009 would have to be retained until (18-14=) (statute of limitations) equals end of year Scouts Canada / Girl Guides Canada / Military Cadets o Paddle Canada requires that all Paddle Canada course / clinic participants sign the Paddle Canada Waiver / Acknowledgement of Risk Form prior to the start of the program, and have it witnessed by someone other than the Paddle Canada Instructors. o Scout s Canada / Girl Guides of Canada / Military Cadets all have policies forbidding them from signing another organization s waiver / acknowledgement of risk forms. o Paddle Canada continues to work on finding a mechanism to allow participation by members of these groups. Waiver / Acknowledgement of Risk Clause 6b release and forever discharge. Including negligence / breach of duty. How do we explain this to our course participants who want to strike it out? Paddling courses, as are all water activities, are inherently risky. Instructors, no matter how diligent, can not be in every canoe / kayak and or see everything going on at all times. With paddling sometimes bad things happen no matter how fore thinking and careful the course Instructors are. This clause is included to remind the participant that they ultimately are responsible for their own safety, and that bad things can happen which are beyond the control of the Instructor and or Paddle Canada. It is legal text, and is required by the Insurance Company to help protect them in the event of an accident. In reality, although this Clause might be considered by the Courts, if the Instructor and or Paddle Canada were found clearly negligent in the case of a mishap, they / we would remain liable for their / our errors and / or omissions. If the Course Participant can not sign this form, they can not take the Paddle Canada course. No changes are accepted. Period. The form is a form of Risk Management for Paddle Canada and the Insurance Company, and is an industry standard.

5 Bottom line: Sport has risks. Participants must accept responsibility for their participation. o Insurance for Guides / Trip Leaders Our Broker is considering investigating an On Line - Self Serve Liability Insurance option for Sea / Coastal Kayaking Guides, Canoe Trip Leaders, and other eco-tourism type paddling events. If successful and other paddling community guides, trip leaders, and tour leaders buy in, we could access the Insurance Company link via a Paddle Canada link, fill out the insurance policy application form specifying such information as their qualifications, other leader qualifications, participant information (number, ages, qualifications), route and length of the planned trip, water classifications, safety policy, etc. The On Line Self Serve program would then ask for clarification if required, and generate a fee for the policy required. The requesting Instructor would then pay On Line via credit card, and print out their policy. Such policies could cover one trip up to a season s worth of outings. From the Brokers point of view, this process would have to be On Line Self serving to reduce Broker fees, and cover the majority of small paddling organization s outings across Canada. Paddle Canada and all their Provincial / Territorial Affiliates MAY start to get close to the numbers that would be required to make this a reality. Would you be interested? An online survey will be available soon to gather your support and input on this issue. Bottom line: Is there profit in this endeavour for the Insurance Companies. If we can not assemble a critical mass, it will not happen. o New Paddle Canada Paddling Programs / Major Modifications: Insurance Implications Once Paddle Canada approves new paddling programs (example: the Big Canoe Program ) or makes serious changes to existing program (example: increasing the classification of River Water for a level), the Paddle Canada approved program MUST be forwarded to our Insurance Broker for review, analysis, and possible policy changes. If you have other questions, please contact me. Eric L. Williams Canoe Tripping Instructor Trainer Past President - Paddle Canada canoe.about@bmts.com