A-21, r. 12.1 - Regulation respecting the compensation procedure of the Ordre des architectes du Québec

Updated to 30 April 2020

This document has official status.

chapter A-21, r. 12.1

Regulation respecting the compensation procedure of the Ordre des architectes du Québec

Architects Act

(chapter A-21, s. 3).

Professional Code

(chapter C-26, s. 89.1).

1. A claimant may be compensated in accordance with this procedure following the use by an architect of funds for purposes other than those for which they were entrusted to the architect under a regulation of the Ordre des architectes du Québec made under section 89 of the Professional Code (chapter C-26).

O.C. 409-2020, s. 1.

2. The board of directors forms a committee charged with examining claims and decide claims.

The committee is composed of at least 3 members, 1 elected director and 1 director appointed to the board of directors.

O.C. 409-2020, s. 2.

3. To be admissible, a claim must

(1)  be sent in writing to the Order within 12 months of the claimant becoming aware that the funds have been used by the architect for purposes other than those for which they were entrusted to the architect;

(2)  be accompanied by proof of the steps taken with the architect to recover the funds;

(3)  state the facts in support of the claim and be accompanied by all relevant documents;

(4)  indicate the amount claimed.

The period referred to in subparagraph 1 of the first paragraph may be extended by the committee if the claimant shows that, for a reason beyond the claimant’s control, the claimant was unable to file the claim within that period.

O.C. 409-2020, s. 3.

4. A request made to the Order with regard to facts likely to give rise to a claim is deemed to be a claim if the request is filed within the period referred to in subparagraph 1 of the first paragraph of section 3.

The claim becomes admissible where the conditions set out in subparagraphs 2 to 4 of that first paragraph are met.

O.C. 409-2020, s. 4.

5. The secretary of the Order sends every admissible claim to the committee and the architect within 15 days following the date on which the claim becomes admissible.

O.C. 409-2020, s. 5.

6. The secretary of the Order informs the architect and the claimant of the date of the meeting during which the claim will be examined and of their right to make representations.

O.C. 409-2020, s. 6.

7. The committee decides whether it is expedient to accept a claim in whole or in part. Where applicable, it fixes the indemnity.

The substantiated decision is final.

O.C. 409-2020, s. 7.

8. The maximum amount that may be paid for the period covering the fiscal year of the Order is

(1)  $10,000 for a claimant in respect of an architect;

(2)  $50,000 for all the claimants in respect of an architect;

(3)  $100,000 for all the claimants.

Where all the claims filed for the period covering the fiscal year of the Order exceeds $100,000, the amount paid to each claimant is paid in proportion to the amount of each claim.

O.C. 409-2020, s. 8.

9. Where the claimant is in a vulnerable situation, in particular because of age, physical or psychological state or social condition, the committee may, exceptionally and after having obtained the approval of the board of directors, pay an amount greater than those provided for in section 8.

O.C. 409-2020, s. 9.

10. (Omitted).

O.C. 409-2020, s. 10.

REFERENCES

O.C. 409-2020, 2020 G.O. 2, 871