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Ask a Lawyer: Eligibility for CNPS Assistance: Working Outside of Canada

Canadian Nurses Protective Society > Ask CNPS > Ask a Lawyer: Eligibility for CNPS Assistance: Working Outside of Canada

Question:

I am a Canadian nurse currently working outside of Canada. Am I eligible for CNPS protection? 

Answer:

CNPS beneficiaries working outside of Canada remain eligible for assistance, provided that the claim was commenced in Canada, they were a CNPS beneficiary at the time of the events giving rise to the proceedings and they were practicing in compliance with the licensing requirements of the jurisdiction in which they were providing care. In the case of an action commenced in Canada for care provided in a foreign country, the limit of assistance is $3 million per claim.  CNPS professional liability protection does not generally extend to legal or regulatory proceedings brought outside of Canada.

The risk of a legal proceeding being commenced in another country may be greater where the services are provided while the patient is physically located in that country (for example, a Canadian nurse providing care to an American resident while practicing in the United States). As CNPS protection is not designed for nursing services rendered outside of Canada, it is recommended that nurses contact the organization or employer for which they are providing the international nursing services to discuss their options for professional liability protection or insurance. For example, Canadian nurses working in the United States of America are often required to carry private professional liability protection or insurance by state law or their employment contract.1

CNPS beneficiaries can contact CNPS at 1-800-267-3390 to speak with a member of CNPS legal counsel. All calls are confidential.


1. Butler, Shawna. “Do All Nurses Need Malpractice Insurance?” Journal of Radiology Nursing 38, no. 3 (September 2019): 148–49. https://doi.org/10.1016/j.jradnu.2019.05.018.

July 2023

THIS PUBLICATION IS FOR INFORMATION PURPOSES ONLY. NOTHING IN THIS PUBLICATION SHOULD BE CONSTRUED AS LEGAL ADVICE FROM ANY LAWYER, CONTRIBUTOR OR THE CNPS. READERS SHOULD CONSULT LEGAL COUNSEL FOR SPECIFIC ADVICE.

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