A-21, r. 6 - Regulation respecting the professional inspection committee of the Ordre des architectes du Québec

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chapter A-21, r. 6
Regulation respecting the professional inspection committee of the Ordre des architectes du Québec
ARCHITECTS — PROFESSIONAL INSPECTION COMMITTEE
Architects Act
(chapter A-21, s. 3)
A-21
Professional Code
(chapter C-26, s. 90)
C-26
September 1 2012
R.R.Q., 1981, c. A-21, r. 9; O.C. 822-91, s. 1.
DIVISION I
INTERPRETATION AND SCOPE
R.R.Q., 1981, c. A-21, r. 9, Div. I; O.C. 822-91, s. 1.
1.01. In this Regulation, unless the context indicates otherwise,
(a)  “committee” means the professional inspection committee;
(b)  (paragraph revoked);
(c)  “inspector” 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-21, r. 9, s. 1.01; O.C. 822-91, s. 2.
1.02. The professional inspection deals with the records, books and registers kept by an architect in the practice of his profession.
It also deals with the documents or reports in which the architect collaborated in the records, books and registers kept by his colleagues or his employer.
R.R.Q., 1981, c. A-21, r. 9, s. 1.02; O.C. 822-91, s. 3.
DIVISION II
COMMITTEE
2.01. The committee is composed of 5 members, 3 of which have been practising their profession for at least 10 years.
The members of the committee shall take office after having taken the oath prescribed in Schedule II to the Professional Code (chapter C-26), and shall continue in office until their death, resignation, replacement or striking off the roll.
R.R.Q., 1981, c. A-21, r. 9, s. 2.01; O.C. 822-91, s. 4.
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-21, r. 9, s. 2.02.
2.03. The committee designates a secretary from among its members.
R.R.Q., 1981, c. A-21, r. 9, s. 2.03.
2.04. The office of the committee is situated at the head office of the Ordre des architectes du Québec. All the records, books, registers and other documents of the committee are kept in the said office.
R.R.Q., 1981, c. A-21, r. 9, s. 2.04.
2.05. Subject to section 3.04, only the members of the professional inspection committee, the clerical staff assigned to the committee, and the president and the secretary of the Order have access to the records, books and registers of the committee; such persons must take the oath prescribed in Schedule II to the Professional Code (chapter C-26) before taking office.
R.R.Q., 1981, c. A-21, r. 9, s. 2.05; O.C. 822-91, s. 5.
DIVISION III
DRAWING UP OF THE REGISTER AND THE PROFESSIONAL RECORD
3.01. The committee shall keep a register in which shall be entered, in chronological order, the date of each inspection or inquiry, the address at which it was made, the name of the architect concerned, the name of the architect’s employer, where applicable, and the name of the inspector who made the inspection or inquiry.
R.R.Q., 1981, c. A-21, r. 9, s. 3.01.
3.02. As its activities progress, the committee shall draw up and keep up-to-date a professional record for each architect whose office has been the subject of an inspection under this Regulation.
R.R.Q., 1981, c. A-21, r. 9, s. 3.02.
3.03. The professional record contains a summary of the architect’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-21, r. 9, s. 3.03.
3.04. The architect is entitled to consult his professional record and to obtain a copy thereof.
R.R.Q., 1981, c. A-21, r. 9, s. 3.04.
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 general supervision program established by the board of directors.
R.R.Q., 1981, c. A-21, r. 9, 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-21, r. 9, s. 4.02.
4.03. Not less than 7 days before the date fixed for an inspection by an inspector, the committee shall, through its secretary, send to the architect in question a notice indicating the time and place at which it shall be held.
R.R.Q., 1981, c. A-21, r. 9, s. 4.03; O.C. 822-91, s. 6.
4.04. If an architect cannot receive an inspector on the date fixed, he must, upon receipt of the notice mentioned in section 4.03, notify the secretary of the committee thereof and decide on another date with him.
R.R.Q., 1981, c. A-21, r. 9, s. 4.04.
4.05. When an inspector ascertains that the architect was unable to take cognizance of the notice referred to in section 4.03, a new date for the inspection shall be fixed and the architect shall be duly notified.
R.R.Q., 1981, c. A-21, r. 9, s. 4.05.
4.06. An inspector must, if so required to do, submit a certificate attesting to his capacity and signed by the secretary of the Order.
R.R.Q., 1981, c. A-21, r. 9, s. 4.06.
4.07. An architect who is the subject of an inspection shall be present or be represented by a mandatary.
R.R.Q., 1981, c. A-21, r. 9, s. 4.07; O.C. 822-91, s. 7.
4.08. Where the inspector is not a member of the committee and if he has reason to believe that an architect should be the subject of a special inquiry, he shall draw up an inspection report and forward it to the committee for study within 15 days following his inspection.
R.R.Q., 1981, c. A-21, r. 9, s. 4.08.
DIVISION V
SPECIAL INQUIRY INTO THE COMPETENCE OF AN ARCHITECT
5.01. At least 5 clear days before the date of a special inquiry, the secretary of the committee shall send to the architect in question a notice indicating the date and hour at which it is to be held.
Where the sending of a notice to the architect could jeopardize the purposes for which a special inquiry is to be held, the committee may authorize an inspector to make such inquiry without notice.
R.R.Q., 1981, c. A-21, r. 9, s. 5.01; O.C. 822-91, s. 8.
5.02. An inspector may order the architect, his employer, his mandatary or his employee to allow him access to the records, books, registers and other items referred to in section 1.02.
R.R.Q., 1981, c. A-21, r. 9, s. 5.02; O.C. 822-91, s. 9.
5.03. Where records are held by a third party, the architect must, at the inspector’s request, authorize the latter to take cognizance or a copy thereof.
R.R.Q., 1981, c. A-21, r. 9, s. 5.03.
5.04. An inspector 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-21, r. 9, s. 5.04.
5.05. If the architect refuses to receive an inspector, the latter shall immediately notify the syndic.
R.R.Q., 1981, c. A-21, r. 9, s. 5.05.
5.06. The inspector 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-21, r. 9, s. 5.06.
5.07. 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-21, r. 9, s. 5.07.
DIVISION VI
RECOMMENDATIONS OF THE COMMITTEE
6.01. Where the committee, after study of the inspector’s report, has reason to believe that it is not expedient to recommend to the board of directors to take any of the measures provided for in section 113 of the Professional Code (chapter C-26), it shall notify the board of directors and the architect in question within 15 days of its decision.
R.R.Q., 1981, c. A-21, r. 9, s. 6.01; O.C. 822-91, s. 10.
6.02. Where the committee, after study of the inspector’s report, has reason to believe that it is expedient to recommend to the board of directors to take any of the measures provided for in section 113 of the Professional Code (chapter C-26), it shall notify, within the same time period, the secretary of the board of directors and the architect in question and shall allow the latter to be heard.
R.R.Q., 1981, c. A-21, r. 9, s. 6.02; O.C. 822-91, s. 10.
6.03. In the case prescribed in section 6.02, the committee shall convene the architect 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 inspector concerning him.
R.R.Q., 1981, c. A-21, r. 9, s. 6.03; I.N. 2016-01-01 (NCCP).
6.04. The committee shall receive the oath of the architect and the witnesses through the intermediary of a commissioner for oaths.
R.R.Q., 1981, c. A-21, r. 9, s. 6.04.
6.05. The hearing shall be closed to the public unless the committee, at the request of the architect, considers that it is in the public interest that it not be held in this manner.
During that hearing, the architect shall be entitled to the assistance of an advocate.
R.R.Q., 1981, c. A-21, r. 9, s. 6.05; O.C. 822-91, s. 11.
6.06. The committee may proceed by default if the architect does not appear on the date and at the hour fixed.
R.R.Q., 1981, c. A-21, r. 9, s. 6.06.
6.07. The committee and the architect shall pay their own expenses.
However, depositions shall be recorded at the request of the architect or the committee; the costs shall be at the charge of the person who made the request.
R.R.Q., 1981, c. A-21, r. 9, s. 6.07; O.C. 822-91, s. 12.
6.08. The recommendations of the committee are made by the majority of its members within 60 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 architect in question without delay.
R.R.Q., 1981, c. A-21, r. 9, s. 6.08; O.C. 822-91, s. 13.
6.09. (Revoked).
R.R.Q., 1981, c. A-21, r. 9, s. 6.09; O.C. 822-91, s. 14.
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 make the decision it considers appropriate and notify the architect and the committee as soon as possible.
R.R.Q., 1981, c. A-21, r. 9, s. 7.01.
7.02. The decision is final and the architect must comply therewith.
R.R.Q., 1981, c. A-21, r. 9, s. 7.02.
DIVISION VIII
MISCELLANEOUS
8.01. The committee shall submit to the board of directors, at the end of the months of March, June, September and December, a temporary report containing the following information:
(a)  the number of architects and the number of offices which have been the subject of an inspection or an inquiry since the date of the last report;
(b)  a statement on the deficiencies found and their frequency.
R.R.Q., 1981, c. A-21, r. 9, s. 8.01.
8.02. The annual report of the committee prescribed in section 115 of the Professional Code (chapter C-26) shall be submitted to the board of directors at the end of March each year.
R.R.Q., 1981, c. A-21, r. 9, s. 8.02.
REFERENCES
R.R.Q., 1981, c. A-21, r. 9
O.C. 822-91, 1991 G.O. 2, 1957
S.Q. 2008, c. 11, ss. 212 and 213