■ Risk management toolbox:
Governing Law and Jurisdiction Agreement
Protecting physicians and healthcare organizations when treating non-residents of Canada
The CMPA and Healthcare Insurance Reciprocal of Canada (HIROC) have updated the two "Governing Law and Jurisdiction Agreement" forms, which are designed for the use of physicians in private practice and healthcare organizations. The updated versions reflect developments in the law since the forms were originally published in 2005.
As with the original agreements, the updated versions are intended to streamline the process for physicians and healthcare organizations providing medical or other healthcare and treatment to a non-resident of Canada.
Physicians and healthcare organizations should make reasonable efforts in the circumstances to ensure a Governing Law and Jurisdiction Agreement is completed before treatment is provided to a non-resident of Canada. The agreements assist in establishing Canadian jurisdiction for any potential legal actions that may result from care or treatment provided by Canadian physicians or healthcare organizations to non-residents.
Please note that physicians providing care and treatment in a healthcare organization setting are not required to also have the "Physicians in private practice" agreement completed. Physicians working in a healthcare organization setting are specifically included in the "Healthcare organization" agreement.
Governing Law and Jurisdiction Agreement (for physicians in private practice) [PDF]
Governing Law and Jurisdiction Agreement (for healthcare organizations) [PDF]
(Updated: March 2014)