A-12, r. 13 - Regulation respecting the procedure of the professional inspection committee of agrologists

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chapter A-12, r. 13
Regulation respecting the procedure of the professional inspection committee of agrologists
AGROLOGISTS — PROFESSIONAL INSPECTION COMMITTEE
Agrologists Act
(chapter A-12, s. 3)
A-12
Professional Code
(chapter C-26, s. 90)
C-26
September 1 2012
DIVISION I
DEFINITIONS AND INTERPRETATION
1.01. In this Regulation, unless the context indicates otherwise,
(a)  “committee” means the professional inspection committee;
(b)  “Order” means the Ordre des agronomes du Québec;
(c)  “records” means the records, books and registers relating to the practice of the profession by a member of the Order and including:
i.  among the records, books and registers of his employer or colleagues, the documents in which he has in fact collaborated; and
ii.  any property that has been entrusted to him by a client;
(d)  “investigator” means the committee, one of its members or a person authorized to assist the committee in the exercise of its functions.
R.R.Q., 1981, c. A-12, r. 12, s. 1.01.
1.02. The Interpretation Act (chapter I-16) applies to this Regulation.
R.R.Q., 1981, c. A-12, r. 12, s. 1.02.
DIVISION II
COMMITTEE
2.01. The committee is composed of 6 members appointed by the board of directors from among the agrologists who have been practising for at least 3 years.
R.R.Q., 1981, c. A-12, r. 12, s. 2.01.
2.02. The committee shall hold its sittings on the dates and at the places determined by it or by its chair.
R.R.Q., 1981, c. A-12, r. 12, s. 2.02.
2.03. The board of directors of the Order designates the secretary of the committee.
R.R.Q., 1981, c. A-12, r. 12, s. 2.03.
2.04. The office of the committee is situated at the head office of the Order. All the minutes, reports and other documents of the committee are kept in that office.
R.R.Q., 1981, c. A-12, r. 12, s. 2.04.
DIVISION III
DRAWING UP OF A PROFESSIONAL RECORD
3.01. As its activities progress, the committee shall draw up and keep up-to-date a professional record for each member of the Order who is the subject of an inspection under this Regulation.
R.R.Q., 1981, c. A-12, r. 12, s. 3.01.
3.02. The professional record contains a summary of the agrologist’s academic qualifications and experience as well as all the records pertaining to the inspection of which he is the subject under this Regulation.
R.R.Q., 1981, c. A-12, r. 12, s. 3.02.
3.03. An agrologist is entitled to consult his record and to obtain a copy thereof.
R.R.Q., 1981, c. A-12, r. 12, s. 3.03.
DIVISION IV
GENERAL SUPERVISION OF THE PRACTICE OF THE PROFESSION
4.01. The committee shall supervise the practice of the profession by the members of the Order according to the program established by it.
R.R.Q., 1981, c. A-12, r. 12, s. 4.01.
4.02. Each year, the board of directors shall publish the committee’s general supervision program in the bulletin of the Order.
R.R.Q., 1981, c. A-12, r. 12, s. 4.02.
4.03. At least 15 days before the date fixed for the inspection of an agrologist’s records by an investigator, the committee shall, through its secretary, send the agrologist in question, by registered mail, a notice in accordance with the form in Schedule 1.
R.R.Q., 1981, c. A-12, r. 12, s. 4.03; I.N. 2016-01-01 (NCCP).
4.04. The agrologist must acknowledge receipt of the notice within 5 days. If he cannot receive the investigator on the prescribed date, he must decide on another date with the secretary of the committee.
R.R.Q., 1981, c. A-12, r. 12, s. 4.04.
4.05. When an investigator ascertains that the agrologist was unable to take cognizance of the notice referred to in section 4.03, he shall so inform the committee which shall fix a new date for the verification and notify the agrologist thereof.
R.R.Q., 1981, c. A-12, r. 12, s. 4.05.
4.06. An investigator must, if so required to do, submit a certificate attesting to his qualifications, signed by the secretary of the committee.
R.R.Q., 1981, c. A-12, r. 12, s. 4.06.
4.07. The agrologist whose records are the object of verification may be present or be represented by a mandatary.
R.R.Q., 1981, c. A-12, r. 12, s. 4.07.
4.08. If he has reason to believe that the committee should subject an agrologist to special inquiry, the investigator shall draw up a verification report and forward it to the committee for study within 15 days following his verification.
R.R.Q., 1981, c. A-12, r. 12, s. 4.08.
DIVISION V
SPECIAL INQUIRY INTO THE COMPETENCE OF AN AGROLOGIST
5.01. At the request of the board of directors or on its own initiative, the committee or one of its members shall make a special inquiry into the competence of an agrologist, or designate an investigator for such purpose.
R.R.Q., 1981, c. A-12, r. 12, s. 5.01.
5.02. (1)  At least 5 clear days before the date of the special inquiry, the committee shall, through its secretary, send to the agrologist in question, by registered mail, a notice in accordance with the form in Schedule 2.
(2)  Notwithstanding subsection 1, where the sending of a notice to the agrologist could jeopardize the objects for which a special inquiry is to be held, the committee may authorize an investigator to make such inquiry without such notice.
R.R.Q., 1981, c. A-12, r. 12, s. 5.02; I.N. 2016-01-01 (NCCP).
5.03. An investigator may give the employer, representative or employee of an agrologist notice of the order to allow him access to the records of that agrologist.
R.R.Q., 1981, c. A-12, r. 12, s. 5.03.
5.04. Where records are held by a third party, the agrologist must, at the investigator’s request, authorize the latter to take cognizance or a copy thereof.
R.R.Q., 1981, c. A-12, r. 12, s. 5.04.
5.05. An investigator may request that a person who makes a declaration to him relative to an inquiry attest such declaration under oath.
R.R.Q., 1981, c. A-12, r. 12, s. 5.05.
5.06. If the agrologist refuses to receive an investigator, the latter shall immediately notify the syndic.
R.R.Q., 1981, c. A-12, r. 12, s. 5.06.
5.07. The investigator shall draw up a report and forward it to the committee for study within 30 days after termination of his inquiry.
R.R.Q., 1981, c. A-12, r. 12, s. 5.07.
5.08. Sections 4.06 and 4.07 shall apply, with the necessary modifications, to an inquiry held under this Division.
R.R.Q., 1981, c. A-12, r. 12, s. 5.08.
DIVISION VI
RECOMMENDATIONS OF THE COMMITTEE
6.01. Where the committee, after study of an investigator’s report, has reason to believe that it is not expedient to recommend to the board of directors that an agrologist be required to serve a period of refresher training and that the right of such professional to engage in professional activities during such period be limited, it shall notify the board of directors and the agrologist in question within 15 days following its decision.
R.R.Q., 1981, c. A-12, r. 12, s. 6.01.
6.02. Where the committee, after study of an investigator’s report, has reason to believe that it is expedient to recommend to the board of directors that an agrologist be required to serve a period of refresher training and that the right of such agrologist to engage in professional activities during such period be limited, it must permit the agrologist in question to present a full and complete defence relative to the appraisal of his competence.
R.R.Q., 1981, c. A-12, r. 12, s. 6.02.
6.03. For such purpose, the committee shall convene the agrologist and send him, by registered mail, 15 days before the date fixed for the hearing, the following information and documents:
(a)  a notice specifying the date and hour of the hearing;
(b)  a statement of the facts and reasons for convening him before the committee; and
(c)  a copy of the report made by the investigator concerning him.
R.R.Q., 1981, c. A-12, r. 12, s. 6.03; I.N. 2016-01-01 (NCCP).
6.04. An agrologist or witness summoned before the committee may be assisted by an advocate.
R.R.Q., 1981, c. A-12, r. 12, s. 6.04.
6.05. The committee shall receive the oath of the agrologist and the witnesses through the intermediary of a commissioner for oaths.
R.R.Q., 1981, c. A-12, r. 12, s. 6.05.
6.06. The hearing shall be closed to the public unless the committee, at the request of the agrologist, considers that it is in the public interest that it not be held in this manner.
R.R.Q., 1981, c. A-12, r. 12, s. 6.06.
6.07. The committee may proceed by default if the agrologist does not appear on the date and at the hour prescribed.
R.R.Q., 1981, c. A-12, r. 12, s. 6.07.
6.08. The deposition shall be recorded at the request of the agrologist or of the committee.
R.R.Q., 1981, c. A-12, r. 12, s. 6.08.
6.09. (1)  The committee and the agrologist shall pay their own costs, with the exception of recording expenses which shall be shared equally between them.
(2)  Notwithstanding subsection 1, where the recording of depositions is made at the request of the committee, the latter shall assume the expenses thereof.
R.R.Q., 1981, c. A-12, r. 12, s. 6.09.
6.10. In its recommendations concerning an agrologist, the committee shall take into account the type of professional activities in which the agrologist is generally engaged.
R.R.Q., 1981, c. A-12, r. 12, s. 6.10.
6.11. The recommendations of the committee are made by the majority of its members within 90 days after the end of the hearing. The reasons shall be given on which they are based, signed by the members of the committee who concurred in them and forwarded to the board of directors and the agrologist in question without delay.
R.R.Q., 1981, c. A-12, r. 12, s. 6.11.
6.12. The committee may also make recommendations to the board of directors on the refresher training periods organized by the Order for its members.
R.R.Q., 1981, c. A-12, r. 12, s. 6.12.
6.13. When the committee has reason to believe that a complaint within the meaning of section 116 of the Professional Code (chapter C-26) might be laid against an agrologist, it shall notify the syndic of the Order.
R.R.Q., 1981, c. A-12, r. 12, s. 6.13.
DIVISION VII
DECISION OF THE BOARD OF DIRECTORS
7.01. The board of directors shall study the recommendations of the committee at the first meeting held following their receipt; it shall take the decision it considers appropriate and notify the agrologist and the committee as soon as possible.
R.R.Q., 1981, c. A-12, r. 12, s. 7.01.
SCHEDULE 1
(s. 4.03)
ORDRE DES AGRONOMES DU QUÉBEC
Professional inspection committee
NOTICE OF VERIFICATION
Notice is given that, within the framework of the program for general supervision of the practice of the profession of agrologist, an investigator of this committee will make a professional inspection visit at your office, on the __________ day of _______________________ 20_______ at __________ o’clock.
Signed at ______________________________ on ______________________________ 20________.
The professional inspection committee
per ______________________________
Secretary of the committee
R.R.Q., 1981, c. A-12, r. 12, Sch. 1; O.C. 1066-84, s. 1.
SCHEDULE 2
(s. 5.02)
ORDRE DES AGRONOMES DU QUÉBEC
Professional inspection committee
Notice of special inquiry
Notice is given that, at the request of the board of directors (or on its own initiative), the committee has designated an investigator to make a special inquiry into your professional competence on ______________________________ 20__________ at __________ o’clock.
Signed at ______________________________ on ______________________________ 20________.
The professional inspection committee
per ______________________________
Secretary of the committee
R.R.Q., 1981 c. A-12, r. 12, Sch. 2.
REFERENCES
R.R.Q., 1981, c. A-12, r. 12
O.C. 1066-84, 1984 G.O. 2, 1985
S.Q. 2008, c. 11, ss. 212 and 213