CPATA took a risk-based approach to insurance and consulted industry experts and practitioners in the process of establishing requirements.
The College hired an independent risk management and actuarial consulting firm to perform an analysis and make recommendations. Axxima included in this review the UK regulator of P&T attorneys, and the most widely available commercial insurance programs for P&T agents in Canada and the UK. They made 16 recommendations regarding insurance to CPATA in this report.
In July 2021, CPATA published a consultation paper outlining its proposed approach to the insurance requirement. Some licensees engaged with the details of the proposal, before the CPATA Board of Directors made its ultimate decision. Out of 16 insurance requirements the firm suggested, CPATA only selected 4, taking as light a touch as possible to minimize the burdens to practitioners, and ultimately clients.
CPATA also only required licensees with a higher risk to have insurance, namely class 1 or class 3 licensees who provide services to the public. It excluded those who work in government or as in-house agents.