C-15, r. 14 - Regulation respecting specialities of the Ordre des chimistes du Québec

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chapter C-15, r. 14
Regulation respecting specialities of the Ordre des chimistes du Québec
Professional Chemists Act
(chapter C-15, s. 3).
Professional Code
(chapter C-26, s. 94, pars. e and i).
DIVISION I
GENERAL PROVISIONS
1. To obtain a specialist’s certificate, a candidate who is a member of the Order must:
(1)  (a)  have the qualifications recognized for such purposes by the Government under the first paragraph of section 184 of the Professional Code (chapter C-26);
(b)  have qualifications considered equivalent by the board of directors of the Ordre des chimistes du Québec according to standards set under paragraph c of section 93 of the Code; or
(c)  have training experience considered equivalent by the board of directors according to standards set under paragraph c of section 93 of the Code;
(2)  have completed the training period prescribed by this Regulation or benefit from an equivalence pursuant to sections 5.1 and 5.2;
(3)  have passed the examinations prescribed by this Regulation.
O.C. 2634-84, s. 1; O.C. 340-87, s. 1; O.C. 727-92, s. 1.
2. A committee will be set up by the board of directors for each specialty.
O.C. 2634-84, s. 2.
3. The committee’s functions are:
(1)  to make recommendations with a view to the recognition of training periods or their equivalence by the board of directors;
(2)  to develop additional training programs.
O.C. 2634-84, s. 3; O.C. 727-92, s. 2.
4. The board of directors recognizes the specialties in Schedule I.
O.C. 2634-84, s. 4.
DIVISION II
TRAINING PERIOD
5. The training period must take place in an institution recognized by the Ordre des chimistes du Québec under a training supervisor recognized by the board of directors.
O.C. 2634-84, s. 5.
5.1. A candidate who has acquired post-doctoral training as a specialist certified by a degree in a specialty prescribed in Schedule I to this Regulation, awarded by a university of Canada or of the United States and obtained following an examination is entitled to an equivalence allowing him to be eligible for written and oral or practical examinations in that specialty, and to obtain a specialist’s certificate without having to serve the training period, if he proves to the specialty committee that he:
(1)  has served, within a training program, training periods the duration and the content of which correspond to the requirements prescribed in this Regulation for the specialty applied for;
(2)   has practised that specialty competently and without interruption since he obtained the specialization;
(3)  is in good standing with the competent authority of the last place in which he practised his specialty.
O.C. 727-92, s. 3.
5.2. A canditate who has acquired post-doctoral training outside of Canada or the United States in a specialty prescribed in Schedule I to this Regulation is entitled to an equivalence allowing him to be immediately eligible for specialty examinations:
(1)  where the duration and the content of the training periods served by the candidate during his training correspond to the requirements of the training period prescribed in this Regulation;
(2)  where he has completed, in Québec, a training period recognized by the Order the duration of which, in all cases, may not be less than 6 months;
(3)  where the competence of the candidate is the subject of a favourable report by the director of the training period mentioned in paragraph 2 and a recommendation of equivalence is made by the specialty committee.
O.C. 727-92, s. 3.
6. Each year the board of directors shall adopt a list of recognized institutions, officially published by the Order.
A candidate may nevertheless have an institution not listed recognized by the board of directors.
O.C. 2634-84, s. 6.
7. The length of the training period required to obtain a specialist’s certificate is prescribed in Schedule I.
O.C. 2634-84, s. 7.
8. The training period will begin after the issue of a training card.
O.C. 2634-84, s. 8.
9. To obtain a training card, a candidate must:
(1)  apply for it to the secretary and pay the costs prescribed by resolution of the board of directors pursuant to paragraph 8 of section 86.0.1 of the Professional Code (chapter C-26);
(2)  be a member in good standing of the Order;
(3)  supply the name of the training supervisor.
O.C. 2634-84, s. 9; O.C. 727-92, s. 4.
10. The secretary shall issue the training card.
O.C. 2634-84, s. 10.
11. The training card will state:
(1)  his or her enrolment in specialist studies;
(2)  the name of the institution in which the candidate is to undertake the training period;
(3)  the specialty in which the candidate is registered;
(4)  the date on which the training card is issued.
O.C. 2634-84, s. 11.
12. The training supervisor’s report must be forwarded to the secretary of the Order when the training period has been completed.
O.C. 2634-84, s. 12.
13. The board of directors may recognize the candidate’s training, upon the recommendation of the committee.
O.C. 2634-84, s. 13.
14. A training period that does not meet the requirements of section 5 may be recognized by the board of directors upon the recommendation of the committee if the candidate so requests.
O.C. 2634-84, s. 14.
15. Nothing in this division may be interpreted as limiting the right of any member of the Order to practise any branch of chemistry.
O.C. 2634-84, s. 15.
DIVISION III
EXAMINATIONS
16. To take the examinations, a candidate must possess a letter of eligibility for the examinations and must have paid the costs prescribed by resolution of the board of directors for written, oral or practical examinations.
O.C. 2634-84, s. 16; O.C. 727-92, s. 5.
17. A letter of eligibility will be issued to the candidate who:
(1)  applies for it to the secretary and pays the costs prescribed by resolution of the board of directors;
(2)  provides evidence he has met the requirements of paragraphs 1 and 2 of section 1;
(3)  supplies 2 copies of a recent photograph of himself (passport type, 8 cm × 8 cm);
(4)  forwards the abovementioned documents a month prior to the date of the written examinations.
O.C. 2634-84, s. 17; O.C. 727-92, s. 6.
18. The secretary will advise the candidate in writing of eligibility to take the examinations.
O.C. 2634-84, s. 18.
19. A candidate must take the examinations within 3 years following the date of his letter of eligibility. After this period has expired, the candidate wishing to take examinations or repeat an examination must make a new application for eligibility according to regular procedure.
O.C. 2634-84, s. 19.
20. The examinations that a candidate must take comprise written examinations and oral or practical examinations.
O.C. 2634-84, s. 20.
21. The examinations will assess a candidate’s readiness to practise the specialty in which he is enrolled.
O.C. 2634-84, s. 21.
22. Copying, attempted copying or being accessory to copying at an examination entails failure, if the board of directors so decides.
O.C. 2634-84, s. 22.
23. For each specialty, a board of examiners composed of at least 3 chemists, not less than 2 of whom must be specialists in the field concerned, will be appointed by the board of directors. The secretary of the Order or, in his absence, the president, may name a specialist to replace an examiner who is absent, sick or otherwise unable to act.
O.C. 2634-84, s. 23.
24. Examiners will be appointed for a 2-year period, subject to renewal.
O.C. 2634-84, s. 24.
25. Two examiners of the specialty in question constitute a quorum and may proceed with the holding of written and oral or practical specialist examinations.
O.C. 2634-84, s. 25.
26. Examinations shall be held at least once a year. The secretary will set the time and place for the holding of examinations and will notify the candidates.
O.C. 2634-84, s. 26.
27. The candidate may take the examinations in either French or English.
O.C. 2634-84, s. 27.
28. A candidate who fails an examination at the first session may repeat the examination at a later session.
Failure at this second or any subsequent session means the candidate must follow an additional training period.
O.C. 2634-84, s. 28.
29. Additional training may be theoretical or practical, depending on the case, and may last up to one year, according to a program developed by the committee and approved by the board of directors. The program developed must take into account the candidate’s knowledge and lack thereof as evidenced by the examination.
O.C. 2634-84, s. 29.
30. The candidate wishing to repeat an examination must file an application to that effect with the secretary and provide evidence that he has completed any additional training period required under section 29. These documents must be forwarded to the secretary along with a fee of $75.
O.C. 2634-84, s. 30.
§ 1.  — Written examinations
31. For each examination, the board of directors will decide whether the questions will be of the essay or multiple-choice variety or if another form is to be used.
O.C. 2634-84, s. 31.
32. The board of examiners sets the questions, corrects the answers and determines if the candidate has passed the examination or not.
O.C. 2634-84, s. 32.
33. A candidate may inspect his answers in the presence of a member of the board within 15 days after his examination has been corrected.
O.C. 2634-84, s. 33.
34. In the event of failure, the candidate may request a review of his examination.
The board of directors may name another board of examiners or entrust the review of the examination to the existing board.
O.C. 2634-84, s. 34.
35. The secretary or other person designated by the board of directors in that behalf will arrange the holding of written examinations and their invigilation.
O.C. 2634-84, s. 35.
36. The candidate’s anonymity will be preserved at the correction of examinations.
O.C. 2634-84, s. 36.
§ 2.  — Oral or practical examinations
37. A candidate must have passed the written examination before taking the oral or practical one.
O.C. 2634-84, s. 37.
38. At the oral or practical examination, an identification card signed by the secretary and bearing the candidate’s photograph, along with a summary of his file prepared by the secretary, must be presented to the board of examiners.
O.C. 2634-84, s. 38.
39. The board of examiners decides whether or not the candidate has passed the examination.
O.C. 2634-84, s. 39.
DIVISION IV
THE AWARDING OF SPECIALIST’S CERTIFICATES
40. A specialist’s certificate will be issued in the name of the candidate who meets the conditions set forth by this Regulation.
O.C. 2634-84, s. 40.
DIVISION V
TRANSITIONAL AND FINAL PROVISIONS
41. (Obsolete).
42. (Obsolete).
O.C. 2634-84, s. 42.
43. (Omitted).
O.C. 2634-84, s. 43.
SCHEDULE I
(ss. 4 and 7)
1. Specialty in clinical biochemistry: The length of the training period is 1 year.
O.C. 2634-84, Sch. I.
REFERENCES
O.C. 2634-84, 1984 G.O. 2, 4120
O.C. 340-87, 1987 G.O. 2, 1115
O.C. 727-92, 1992 G.O. 2, 2740
S.Q. 2008, c. 11, s. 212