C-26, r. 1.2 - Regulation for the conduct of proceedings relating to complaints and motions lodged with the disciplinary councils of professional orders

Updated to 5 August 2021

This document has official status.

chapter C-26, r. 1.2

Regulation for the conduct of proceedings relating to complaints and motions lodged with the disciplinary councils of professional orders

Professional Code

(chapter C-26, s. 184.3).

The former alphanumerical designation of this Regulation was chapter C-26, r. 8.1.

O.C. 641-2015; O.C. 1003-2021, s. 1.

DIVISION I GENERAL

1. This Regulation applies to the conduct of proceedings relating to complaints and motions lodged with the disciplinary councils of professional orders, including motions lodged with the chairs of the councils.

It promotes the handling of complaints and motions.

O.C. 641-2015, s. 1; O.C. 1003-2021, s. 2.

2. Holidays are those within the meaning of the first paragraph of article 82 of the Code of Civil Procedure (chapter C-25.01).

O.C. 641-2015, s. 2; O.C. 1003-2021, s. 3.

3. (Revoked).

O.C. 641-2015, s. 3; O.C. 1003-2021, s. 4.

4. In computing any time period, the day which marks the start of the period is not counted and, except for periods counted in clear days, the terminal day is.

Saturdays and holidays are counted but a period that would normally expire on such a day is extended to the next following working day.

O.C. 641-2015, s. 4; O.C. 1003-2021, s. 5.

5. Each party must inform the secretary of the disciplinary council

(1)  of a change of address, telephone number and, as the case may be, email address and fax number; and

(2)  of the name of the advocate who, where applicable, represents or assists the party, and indicate the advocate’s address, telephone number, email address and fax number.

O.C. 641-2015, s. 5; O.C. 1003-2021, s. 6.

5.1. Appropriate technological means that are available to both the parties and the disciplinary council or the chair of the disciplinary council should be used, taking into account the technological environment in place to support the activities of the council.

In accordance with the rules of natural justice, the disciplinary council or the chair of the disciplinary council, even on its own initiative, may use such means or, if required in the interest of justice, order that such means be used by the parties, in particular, for case management, to hold hearings or send and receive documents in a medium other than paper.

O.C. 1003-2021, s. 7.

DIVISION II COMPLAINTS

6. A complaint lodged against a professional must be sent to the secretary of the disciplinary council at the head office of the order.

To be admissible, a complaint must

(1)  be made in writing and supported by the oath of the complainant;

(2)  indicate the complainant’s name, address, telephone number and, where applicable, email address as well as fax number;

(3)  indicate the professional’s name, title and address;

(4)  indicate summarily the nature, time and place of the offence with which the professional is charged; and

(5)  be accompanied by any notice of disclosure of the exhibits invoked in its support.

The secretary of the disciplinary council offers a complainant whose complaint is incomplete the opportunity to complete it. If the complainant fails to do so, the secretary refuses the complaint.

The date of filing of a complaint is the date on which the secretary of the disciplinary council receives it.

O.C. 641-2015, s. 6; O.C. 1003-2021, s. 8.

7. (Revoked).

O.C. 641-2015, s. 7; O.C. 1003-2021, s. 9.

8. The secretary of the disciplinary council sends to the complainant, within 10 days from the reception of the complaint, an acknowledgement of receipt indicating the record number attributed to the complaint.

The secretary sends to the respondent and the complainant, if the complainant is a person other than a syndic, a copy of this Regulation.

O.C. 641-2015, s. 8; O.C. 1003-2021, s. 10.

DIVISION III OTHER APPLICATIONS AND PROCEEDINGS

9. Every application to the disciplinary council or the chair of the disciplinary council must be made by written motion notified to the opposite party and the secretary of the disciplinary council, not less than 5 clear days before the date of the hearing.

A motion may be presented orally during the hearing, if the disciplinary council or the chair of the disciplinary council authorizes it.

O.C. 641-2015, s. 9; O.C. 1003-2021, s. 11.

10. (Revoked).

O.C. 641-2015, s. 10; O.C. 1003-2021, s. 12.

11. All proceedings must be legibly written on one side only of a sheet measuring 21.59 cm by 27.94 cm (8.5 in. x 11 in.), must indicate the names of the parties and the record number, and must state their purpose and the conclusions sought. The proceedings must be accompanied by any exhibit invoked in their support. They are notified to the other party and the secretary of the disciplinary council.

O.C. 641-2015, s. 11.

DIVISION IV ADJOURNMENT

12. (Revoked).

O.C. 641-2015, s. 12; O.C. 1003-2021, s. 12.

13. As soon as the reasons to be invoked are known, the party wishing to have the hearing adjourned submits a motion to the chair of the disciplinary council or, if the latter has not yet been designated, the senior chair. The motion is sent to the secretary of the disciplinary council and notified to the other party.

No adjournment is granted solely by the consent of the parties.

O.C. 641-2015, s. 13; O.C. 1003-2021, s. 13.

DIVISION V CESSATION OF REPRESENTATION BY AN ADVOCATE

14. Before a date of hearing has been set, an advocate who wishes to cease representing a party may do so after notifying the party, the other parties and the secretary of the disciplinary council.

If a date of hearing has been set, the advocate may not cease representing the party, nor may another advocate be brought in as a substitute, without the authorization of the chair of the disciplinary council or, if the latter has not yet been designated, the senior chair.

O.C. 641-2015, s. 14; O.C. 1003-2021, s. 14.

DIVISION VI CASE MANAGEMENT CONFERENCE

15. Every case management conference is recorded.

O.C. 641-2015, s. 15; O.C. 1003-2021, s. 15.

16. The minutes of a case management conference drawn up by the secretary of the disciplinary council must record the discussions held and the decisions made during the conference. The minutes state the electronic means used for conducting the conference and the specific terms and conditions of management of the hearing agreed to by the parties and, where applicable, the procedure and time limit for the disclosure of exhibits and other evidence, the list of witnesses and the subject of the testimonies.

The secretary of the disciplinary council sends a copy of the minutes to the parties, who are bound by their content.

O.C. 641-2015, s. 16.

DIVISION VII DISCLOSURE OF EXHIBITS AND EVIDENCE

17. Unless the procedure and the time limit for the disclosure of exhibits and other evidence are determined during the case management conference, a party who intends to produce an exhibit in the party’s possession at the hearing, whether the exhibit be real evidence or a document, must disclose it in accordance with the provisions of this Division.

O.C. 641-2015, s. 17.

18. A party who intends to produce an exhibit in the party’s possession at the hearing must, not less than 30 days before the hearing, send a copy to the other party. The party must also file with the secretary of the disciplinary council proof of the disclosure to the other party.

However, when the complainant intends to produce an exhibit that was disclosed to the respondent in connection with evidence disclosure, the complainant may send to the respondent a notice in which the complainant identifies the respondent. The complainant must then file with the secretary of the disciplinary council proof of the disclosure of the notice to the respondent.

Unless determined otherwise at the case management conference, the exhibit filed in paper form must be filed in 6 copies at the hearing and in 4 copies at the hearing of a motion presented before the chair of the disciplinary council.

Documents written in a language other than French or English must be accompanied by a translation in French or in English. The translation must be certified to be true to the original by a translator who is a member of the Ordre des traducteurs, terminologues et interprètes agréés du Québec or, if the translator is not from Québec, by a translator recognized by the competent authority in the translator’s province or country.

O.C. 641-2015, s. 18; O.C. 1003-2021, s. 16.

19. A party that is unable to deliver a copy of an exhibit, because of circumstances or the nature of the exhibit, is required to provide access to the exhibit by some other means not less than 30 days before the hearing.

O.C. 641-2015, s. 19; O.C. 1003-2021, s. 17.

20. A party may, before a hearing, request the other party to file an exhibit in that party’s possession for examination, whether the exhibit be real evidence or a document.

If the party refuses or disagrees, the chair of the disciplinary council issues any appropriate orders.

O.C. 641-2015, s. 20.

21. If it is necessary and offers reasonable safeguards of reliability, hearsay evidence is admissible, including at the hearing of a request for immediate provisional striking off the roll or immediate provisional restriction of the right to engage in professional activities.

O.C. 641-2015, s. 21; O.C. 1003-2021, s. 18.

22. A party who intends to adduce an expert’s report as evidence must disclose it according to the terms provided for in section 18 and must attach to it the expert’s résumé.

O.C. 641-2015, s. 22.

23. In the absence of a report and unless different terms and time limit for the disclosure have been determined at the case management conference, an expert witness may be heard provided that, not less than 30 days before the hearing, the party who intends to have the expert witness testify sends to the other party a sufficiently reasoned and detailed summary of the expert’s testimony and the expert’s résumé. The party must also file with the secretary of the disciplinary council proof of the disclosure to the other party.

O.C. 641-2015, s. 23; O.C. 1003-2021, s. 19.

DIVISION VIII SUMMONING WITNESSES

24. Witnesses are called to appear before the disciplinary council by subpoena issued by the secretary of the disciplinary council acting at the request of the disciplinary council or a party.

They must be called at least 10 days before the time at which they are scheduled to appear, unless there are urgent circumstances and the chair of the disciplinary council shortens the notification period. However, the notification period cannot be shortened to less than 24 hours; the decision to shorten the notification period must be recorded on the subpoena.

The application for a subpoena to call witnesses by a party must be made in writing to the secretary of the disciplinary council and indicate the contact information of the witnesses.

O.C. 641-2015, s. 24; I.N. 2016-01-01 (NCCP).

DIVISION IX HEARING ROLL

25. A hearing roll kept by the secretary of the disciplinary council in accordance with section 120.1 of the Professional Code (chapter C-26) must mention

(1)  the names of the members of the disciplinary council, indicating the member who is the chair;

(2)  the record number;

(3)  the names of the parties and, where applicable, the names of their advocates;

(4)  the object of the complaint;

(5)  the object of the hearing;

(6)  the date and time of the hearing; and

(7)  the place of the hearing, indicating the room, where applicable.

O.C. 641-2015, s. 25.

DIVISION X HEARING AND DECISION

26. The chair of the disciplinary council sees to the orderly conduct of the hearing.

O.C. 641-2015, s. 26.

27. Persons attending the hearing must behave with dignity and respect. They must not interfere with the conduct of the hearing or do anything that would adversely affect the decorum and good order.

The following, among other things, are prohibited: taking photographs, making audio or video recordings and using pagers and cellular telephones in a resonant mode.

O.C. 641-2015, s. 27.

28. The secretary of the disciplinary council draws up the minutes of the hearing.

In addition to what is set out in section 153 of the Professional Code (chapter C-26), the minutes include

(1)  the names of the members of the disciplinary council, indicating the member who is the chair;

(2)  the record number;

(3)  the name of the person who draws up the minutes;

(4)  the name of the person who makes the recording and the means of recording;

(5)  the names and addresses of the parties;

(6)  the names and addresses of the parties’ advocates, where applicable;

(7)  the names and addresses of the witnesses heard and an indication that they swore an oath;

(8)  the date, place and time of the beginning and the end of the hearing;

(9)  the date and time of any stay or resumption of the hearings;

(10)  the name of any interpreter and an indication that the interpreter swore an oath;

(11)  the presence or absence of the parties;

(12)  a plea of guilty, where applicable;

(13)  the various steps of the hearing;

(14)  the code and a description of the exhibits filed;

(15)  the incidental proceedings and objections;

(16)  the orders and decisions rendered at the hearing;

(17)  the admissions, agreements and undertakings of the parties; and

(18)  the date the matter is taken under advisement.

O.C. 641-2015, s. 28; O.C. 1003-2021, s. 20.

DIVISION XI FINAL

29. (Omitted).

O.C. 641-2015, s. 29.

REFERENCES

O.C. 641-2015, 2015 G.O. 2, 1550

O.C. 1003-2021, 2021 G.O. 2, 2764