C-15, r. 5 - Regulation respecting the professional inspection committee of the Ordre des chimistes du Québec

Updated to 1 September 2012

This document has official status.

chapter C-15, r. 5

Regulation respecting the professional inspection committee of the Ordre des chimistes du Québec

Professional Chemists Act

(chapter C-15, s. 3).

Professional Code

(chapter C-26, s. 90).

R.R.Q., 1981, c. C-15, r. 7; O.C. 1048-91, s. 1.

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 whose name is entered on the roll of the Order;

(c)  “committee” means the professional inspection committee;

(d)  (paragraph revoked);

(e)  “investigator” 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. C-15, r. 7, s. 1.01; O.C. 1048-91, s. 2.

1.02. The professional inspection shall cover the records, books and registers kept by a chemist in the practice of his profession and the medications, poisons, products, substances, apparatus and equipment relating to the practice of that profession.

It shall also cover the documents or reports in which that chemist collaborated in the records, books and registers kept by his colleagues or his employer, including an institution within the meaning of the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5), or a laboratory within the meaning of the Act respecting medical laboratories, organ and tissue conservation and the disposal of human bodies (chapter L-0.2), and any property that has been entrusted to him by a client.

R.R.Q., 1981, c. C-15, r. 7, s. 1.02; O.C. 1048-91, s. 3; S.Q., 1992, c. 21, s. 375.

DIVISION II COMMITTEE

2.01. The committee is composed of 7 members appointed by the board of directors from among the chemists entered on the roll of the Order for at least 3 years. The quorum shall be 3 members.

The members shall take office upon their appointment and shall remain in office until their death, resignation, replacement or striking off the roll.

R.R.Q., 1981, c. C-15, r. 7, s. 2.01; O.C. 1048-91, 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. C-15, r. 7, s. 2.02.

2.03. The board of directors designates the secretary of the committee.

R.R.Q., 1981, c. C-15, r. 7, s. 2.03.

2.04. The secretariat of the committee is situated at the head office of the Order; all the minutes, reports and other documents of the committee are kept at the said office.

R.R.Q., 1981, c. C-15, r. 7, s. 2.04.

DIVISION III DRAWING UP OF A PROFESSIONAL RECORD

3.01. As its activities progress, the committee shall draw up and keep up-to-date a professional record for each member of the Order who is the subject of an inspection under this Regulation.

R.R.Q., 1981, c. C-15, r. 7, s. 3.01.

3.02. The professional record contains a summary of the chemist’s academic qualifications and experience as well as all the documents pertaining to an inspection of which he has been the subject under this Regulation.

R.R.Q., 1981, c. C-15, r. 7, s. 3.02.

3.03. A chemist is entitled to consult his record and to obtain a copy thereof.

R.R.Q., 1981, c. C-15, r. 7, s. 3.03.

3.04. The committee shall keep a register containing, in chronological order, the date of each verification or inquiry, the address where it was made, the name of the chemist concerned, the name of the professional’s employer, where applicable, and the name of the investigator who carried out the verification or inquiry.

R.R.Q., 1981, c. C-15, r. 7, 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 in accordance with the program established by it and submitted to the board of directors for approval.

R.R.Q., 1981, c. C-15, r. 7, s. 4.01.

4.02. Each year, the board of directors shall publish the committee’s general supervision program and a report on the latter’s activities for the preceding year in the bulletin of the Order, without, however, identifying in any way the chemists who were the subject of an inspection and the other persons involved.

R.R.Q., 1981, c. C-15, r. 7, s. 4.02.

4.03. At least 15 days before the date fixed for the verification by an investigator, the committee shall, through its secretary, send the chemist in question, by registered or certified mail, a notice in the form in Schedule 1.

R.R.Q., 1981, c. C-15, r. 7, s. 4.03; O.C. 1048-91, s. 5.

4.04. If a chemist cannot receive an investigator on the prescribed date, he must, upon receipt of the notice, notify the secretary of the committee and decide on another date with him.

R.R.Q., 1981, c. C-15, r. 7, s. 4.04.

4.05. When an investigator ascertains that the chemist has been unable to take cognizance of the notice referred to in section 4.03, he shall so inform the committee which shall fix a new date for the verification and notify the chemist thereof.

R.R.Q., 1981, c. C-15, r. 7, s. 4.05.

4.06. An investigator must, if required to do so, produce a certificate attesting his authority, signed by the secretary of the committee.

R.R.Q., 1981, c. C-15, r. 7, s. 4.06.

4.07. (Revoked).

R.R.Q., 1981, c. C-15, r. 7, s. 4.07; O.C. 1048-91, s. 6.

4.08. If he has reason to believe that the committee should subject a chemist to a special inquiry, the investigator shall draw up a verification report and transmit it to the committee for study within 15 days following his verification.

R.R.Q., 1981, c. C-15, r. 7, s. 4.08.

DIVISION V SPECIAL INQUIRY INTO THE COMPETENCE OF A CHEMIST

5.01. At the request of the board of directors or on its own initiative, the committee or one of its members shall make a special inquiry into the competence of a chemist or designate an investigator for such purpose.

R.R.Q., 1981, c. C-15, r. 7, s. 5.01.

5.02. At least 5 clear days before the date of the special inquiry, the committee shall, through its secretary, send the chemist in question, by registered or certified mail, a notice in accordance with the form in Schedule 2.

Where the sending of a notice to the chemist could jeopardize the objects for which a special inquiry is to be held, the committee may authorize an investigator to make such inquiry without notice.

R.R.Q., 1981, c. C-15, r. 7, s. 5.02.

5.03. An investigator may order the chemist, his employer, his mandatary or his agent to give him access to the records, books, registers and other items referred to in section 1.02.

R.R.Q., 1981, c. C-15, r. 7, s. 5.03; O.C. 1048-91, s. 7.

5.04. (Revoked).

R.R.Q., 1981, c. C-15, r. 7, s. 5.04; O.C. 1048-91, s. 8.

5.05. An investigator 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. C-15, r. 7, s. 5.05.

5.06. If the chemist refuses to receive an investigator, the latter shall immediately notify the syndic thereof.

R.R.Q., 1981, c. C-15, r. 7, s. 5.06.

5.07. The investigator shall draw up a report and transmit it to the committee for study within 15 days after termination of his inquiry.

R.R.Q., 1981, c. C-15, r. 7, s. 5.07.

5.08. Section 4.06 applies to an inquiry held under this Division.

R.R.Q., 1981, c. C-15, r. 7, s. 5.08; O.C. 1048-91, s. 9.

DIVISION VI RECOMMENDATIONS OF THE COMMITTEE

6.01. Where the committee, after study of the investigator’s report, has reason to believe that it is not expedient to recommend to the board of directors that it should take any of the measures prescribed in section 113 of the Code, it shall so notify the board of directors and the chemist in question within 15 days following its decision.

R.R.Q., 1981, c. C-15, r. 7, s. 6.01; O.C. 1048-91, s. 10.

6.02. Where the committee, after study of the investigator’s report, has reason to believe that it is expedient to recommend to the board of directors that it should take one of the measures provided for in section 113 of the Code, it shall notify, within the same time period, the secretary of the board of directors and the chemist in question and shall allow the latter to be heard.

R.R.Q., 1981, c. C-15, r. 7, s. 6.02; O.C. 1048-91, s. 10.

6.03. For such purpose, the committee shall convene the chemist and send him, by registered or certified 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 investigator concerning him.

R.R.Q., 1981, c. C-15, r. 7, s. 6.03.

6.04. A chemist or witness summoned before the committee may be assisted by an advocate.

R.R.Q., 1981, c. C-15, r. 7, s. 6.04.

6.05. The committee shall administer the oath to the chemist and the witnesses through a commissioner for oaths.

R.R.Q., 1981, c. C-15, r. 7, s. 6.05.

6.06. The hearing shall be closed to the public unless the committee, at the request of the chemist, considers that it is in the public interest that it not be held in this manner.

R.R.Q., 1981, c. C-15, r. 7, s. 6.06.

6.07. The committee may proceed by default if the chemist does not appear on the date and at the hour prescribed.

R.R.Q., 1981, c. C-15, r. 7, s. 6.07.

6.08. The depositions shall be recorded at the request of the chemist or of the committee.

R.R.Q., 1981, c. C-15, r. 7, s. 6.08.

6.09. The committee and the chemist shall pay their own costs, with the exception of recording expenses which shall be shared equally between them. However, where the recording is made at the request of the committee, it shall assume the expenses thereof.

R.R.Q., 1981, c. C-15, r. 7, s. 6.09.

6.10. In its recommendations concerning a chemist, the committee must take into account the type of professional activities in which the chemist is generally engaged.

R.R.Q., 1981, c. C-15, r. 7, s. 6.10.

6.11. The recommendations of the committee are made by the majority of its members within 45 days after the end of the hearing. The reasons on which they are based shall be given, signed by the members of the committee who endorsed them, and forwarded to the board of directors and the chemist in question without delay.

R.R.Q., 1981, c. C-15, r. 7, s. 6.11.

6.12. The committee may also make recommendations to the board of directors on the continuing training courses organized by the Order for its members.

R.R.Q., 1981, c. C-15, r. 7, s. 6.12.

6.13. When the committee has reason to believe that a complaint within the meaning of section 116 of the Professional Code (chapter C-26) might be laid against a chemist, it shall notify the syndic of the Order.

R.R.Q., 1981, c. C-15, r. 7, s. 6.13.

SCHEDULE 1

(s. 4.03)

ORDRE DES CHIMISTES DU QUÉBEC

PROFESSIONAL INSPECTION COMMITTEE

Notice of inspection

Notice is hereby given, within the framework of the general supervision program for the practice of the profession, that an investigator from our committee will inspect the records, books, registers, medications, poisons, products, substances, apparatus and equipment relative to the practice of your profession, on __________________________ 20________ at __________________________ o’clock.

The investigator will call upon you at ____________________________________________________

SIGNED AT ___________________________ this ____________________________ 20__________

The professional inspection committee

per: ________________________________________________________________________________

(Secretary of the committee)

R.R.Q., 1981, c. C-15, r. 7, Sch. 1; O.C. 1048-91, s. 11.

SCHEDULE 2

(s. 5.02)

ORDRE DES CHIMISTES DU QUÉBEC

PROFESSIONAL INSPECTION COMMITTEE

Notice of special inquiry

Notice is given that, at the request of the board of directors (or on its own initiative), the committee has designated an investigator to make a special inquiry into your professional competence on __________________________ 20________ at __________________________ o’clock.

The investigator will call upon you at ____________________________________________________

Signed at ___________________________ this ____________________________ 20__________

The professional inspection committee

per: ________________________________________________________________________________

Secretary of the committee

R.R.Q., 1981, c. C-15, r. 7, Sch. 2.

REFERENCES

R.R.Q., 1981, c. C-15, r. 7

O.C. 1048-91, 1991 G.O. 2, 3210

S.Q. 2008, c. 11, ss. 212 and 213