C-15, r. 15 - Regulation respecting refresher training periods for chemists

Updated to 1 January 2016

This document has official status.

chapter C-15, r. 15

Regulation respecting refresher training periods for chemists

Professional Chemists Act

(chapter C-15, s. 3).

Professional Code

(chapter C-26, s. 94, par. j).

DIVISION I GENERAL PROVISIONS

1.01. In this Regulation, unless the context indicates otherwise,

(a)  “Order” means the Ordre des chimistes du Québec;

(b)  “chemist” means a person entered on the roll of the Order and who has fulfilled the conditions of paragraph b of subsection 1 of section 10 and of subsection 4 of the same section of the Professional Chemists Act (chapter C-15);

(c)  “training period” means period of refresher training contemplated by this Regulation;

(d)  “trainee chemist” means a chemist who is required to serve a training period;

(e)  “tutor” means a chemist responsible for verifying whether a training period or part of a training period is in conformity with the objectives and the terms and conditions determined by the board of directors.

R.R.Q., 1981, c. C-15, r. 9, s. 1.01.

1.02. The Interpretation Act (chapter I-16) applies to this Regulation.

R.R.Q., 1981, c. C-15, r. 9, s. 1.02.

DIVISION II TRAINING PERIOD

2.01. If the board of directors considers that the level of competence of a member does not meet the norms required for the protection of the public, it may oblige a chemist to serve a training period where:

(a)  his name is re-entered on the roll after failing to be entered thereon for more than 3 years;

(b)  his name is re-entered on the roll after he has been struck off for a period of more than 3 years;

(c)  he is the subject of a recommendation to that effect by the professional inspection committee or the disciplinary council pursuant to section 113 or 160 of the Professional Code (chapter C-26);

(d)  he has served a traning period considered, under section 2.10, not to be in conformity with the objectives and the terms and conditions determined by the board of directors.

R.R.Q., 1981, c. C-15, r. 9, s. 2.01.

2.02. A training period may not be prescribed more than 90 days after the time at which a chemist is liable to have to serve such training period.

R.R.Q., 1981, c. C-15, r. 9, s. 2.02.

2.03. A training period may, in particular, consist of one or more of the following activities:

(a)  a period of practical training;

(b)  studies;

(c)  courses;

(d)  research work.

R.R.Q., 1981, c. C-15, r. 9, s. 2.03.

2.04. A training period may not exceed 1,000 hours nor extend over a period of more than 12 consecutive months.

R.R.Q., 1981, c. C-15, r. 9, s. 2.04.

2.05. The decision of the board of directors to oblige a chemist to serve a training period must specify the objectives, duration and the terms and conditions of that training period.

R.R.Q., 1981, c. C-15, r. 9, s. 2.05.

2.06. The board of directors shall determine the place where and time when the training period must be held, and where necessary, shall designate one or several tutors.

R.R.Q., 1981, c. C-15, r. 9, s. 2.06.

2.07. A tutor shall submit a report to the board of directors within 5 days after completion of his mandate stating, with reasons in support thereof, whether the trainee chemist acted, while under his supervision, in conformity with the objectives and the terms and conditions determined by the board of directors.

R.R.Q., 1981, c. C-15, r. 9, s. 2.07.

2.08. The trainee chemist or his tutor may be required to submit additional reports to the board of directors on the dates determined by the latter.

R.R.Q., 1981, c. C-15, r. 9, s. 2.08.

2.09. The tutor must also send the trainee chemist a copy of the report at the same time as he sends it to the board of directors pursuant to section 2.07 or 2.08.

R.R.Q., 1981, c. C-15, r. 9, s. 2.09.

2.10. After study of each of the reports required under sections 2.07 and 2.08, the board of directors shall decide, within 30 days after completion of the training period, whether it is in conformity with the objectives and the terms and conditions it has determined.

R.R.Q., 1981, c. C-15, r. 9, s. 2.10.

DIVISION III LIMITATION OF PROFESSIONAL ACTIVITIES

3.01. The board of directors may, if it so considers necessary for public protection, limit the trainee chemist’s right to practise during all or part of the training period, in particular in one or several of the following ways:

(a)  by determining when and where he is authorized or, conversely, he is not authorized to practise;

(b)  by determining the professional acts which he is authorized or, conversely, he is not authorized to perform;

(c)  by requiring that the professional acts that he is authorized to perform, or that certain of them, be performed under the supervision of another chemist or group of chemists.

R.R.Q., 1981, c. C-15, r. 9, s. 3.01.

3.02. The decision of the board of directors to limit a trainee chemist’s right to practise must be transmitted to his employer, where applicable.

R.R.Q., 1981, c. C-15, r. 9, s. 3.02.

DIVISION IV DECISIONS OF THE BOARD OF DIRECTORS

4.01. Before prescribing a training period or limiting a trainee chemist’s right to practise, the board of directors must give the chemist concerned the opportunity to be heard. For such purpose, the board of directors must give the chemist a written notice of at least 5 days of the date of the hearing.

R.R.Q., 1981, c. C-15, r. 9, s. 4.01.

4.02. The reasons for a decision prescribing a training period, limiting a trainee chemist’s right to practise, or ruling on the validity of a completed training period, must be given in writing and transmitted to the chemist in question by service in accordance with the Code of Civil Procedure (chapter C-25.01) or by registered mail.

R.R.Q., 1981, c. C-15, r. 9, s. 4.02; I.N. 2016-01-01 (NCCP).

4.03. The decision of the board of directors prescribing a training period or limiting a trainee chemist’s right to practise shall take effect 30 days after being sent to or served on the latter.

R.R.Q., 1981, c. C-15, r. 9, s. 4.03.

4.04. During the training period, the board of directors may, following a duly reasoned request by the chemist transmitted to his tutor, reduce the duration and requirements of the training period and, where applicable, reduce the conditions of limitation of the trainee chemist’s right to practise.

R.R.Q., 1981, c. C-15, r. 9, s. 4.04.

4.05. A chemist is required to comply with every decision of the board of directors rendered in accordance with this Regulation.

R.R.Q., 1981, c. C-15, r. 9, s. 4.05.

REFERENCES

R.R.Q., 1981, c. C-15, r. 9

S.Q. 2008, c. 11, s. 212