C-26 - Professional Code

Section 118.3 Disposition versions

2015-07-13

118.3. Where, being unable to act, a member is unable to continue with a hearing, whether it be the conviction hearing or the penalty hearing, the two remaining members, provided one is the chair, may validly proceed with the hearing and render a decision on the conviction and the penalty.

1996, c. 65, s. 1; 2008, c. 11, s. 1, s. 83; 2009, c. 35, s. 10; 2013, c. 12, s. 8.

2009-06-19

118.3. The members of the disciplinary council may, even though they have been replaced, continue to hear a complaint they had begun to hear and render a decision regarding the complaint.

Where a chair or substitute chair continues to hear a complaint pursuant to the first paragraph, the decision on a conviction and, if applicable, the decision on a penalty, must be rendered within six months from the time the chair or substitute chair is replaced. Failure to observe that time limit shall not cause the matter to be withdrawn from the former chair or substitute chair.

However, the replacement chair may, at the request of one of the parties, extend the time limit on specified conditions or remove the matter from the former chair or substitute chair if the decision is not rendered within the time allowed. The replacement chair must take the circumstances and the interest of the parties into account.

The request must be filed with the secretary of the disciplinary council concerned. It must be served in accordance with the Code of Civil Procedure (chapter C-25) on the council members who are seized of the complaint.

Where a chair or substitute chair is no longer seized of a complaint, a new division shall be formed without delay to hear it.

The replacement chair may not hear a complaint with respect to which he has made a decision under this section.

1996, c. 65, s. 1; 2008, c. 11, s. 1, s. 83; 2009, c. 35, s. 10.

2008-10-15

118.3. The members of the disciplinary council may, even though they have been replaced, continue to hear a complaint they had begun to hear and render a decision regarding the complaint.

1996, c. 65, s. 1; 2008, c. 11, s. 1, s. 83.

1996-12-23

118.3. The members of the committee may, even though they have been replaced, continue to hear a complaint of which they have been seized and render a decision regarding the complaint. A member of a committee on discipline or a committee on discipline is deemed to be seized of a complaint from the date on which the complaint is served upon the professional pursuant to section 132 or, where the committee is composed of more than three members, from the date on which the two members other than the chairman or substitute chairman are chosen pursuant to section 138.

1996, c. 65, s. 1.