C-26, r. 123 - Code of ethics of chartered appraisers

Updated to 12 April 2018

This document has official status.

chapter C-26, r. 123

Code of ethics of chartered appraisers

Professional Code

(chapter C-26, s. 87).

O.C. 1282-2000; O.C. 251-2018, s. 1.

CHAPTER I GENERAL

1. This Code determines the duties and obligations of chartered appraisers towards the public, their clients and their profession, in carrying on their professional activities.

O.C. 1282-2000, s. 1; O.C. 251-2018, s. 2; O.C. 653-2018.

1.1. Every chartered appraiser must take reasonable measures to ensure that persons who collaborate with him in the practice of the profession and any partnership or joint-stock company within which the chartered appraiser carries on professional activities comply with the Professional Code (chapter C-26) and its regulations, including this Code.

O.C. 161-2012, s. 1; O.C. 251-2018, s. 3.

1.2. The duties and obligations under the Professional Code (chapter C-26) and its regulations are not modified or reduced in any manner owing to the fact that a chartered appraiser carries on professional activities within a partnership or joint-stock company.

O.C. 161-2012, s. 1; O.C. 251-2018, s. 24.

1.3. A chartered appraiser must ensure that the obligations towards the partnership or joint-stock company of which the chartered appraiser is the director or officer are not incompatible with the obligations towards the client.

O.C. 161-2012, s. 1; O.C. 251-2018, s. 24.

CHAPTER II DUTIES TOWARD CLIENTS, THE PROFESSION, AND THE PUBLIC

DIVISION I COMPETENCE AND INTEGRITY

2. Every chartered appraiser must discharge his professional obligations with competence and integrity.

The chartered appraiser must provide high-quality professional services.

O.C. 1282-2000, s. 2; O.C. 251-2018, s. 24.

3. A chartered appraiser must maintain and increase his knowledge and skills and constantly seek to improve his professional skills.

O.C. 1282-2000, s. 3; O.C. 251-2018, ss. 4 and 24.

4. Every chartered appraiser must carry on professional activities in accordance with the standards of practice of the profession.

O.C. 1282-2000, s. 4; O.C. 251-2018, s. 5.

5. A chartered appraiser must consider the limitations of his skills, knowledge, experience, and the means at his disposal. In particular, no chartered appraiser shall undertake or continue an appraisal for which he is insufficiently qualified, without obtaining the necessary assistance.

O.C. 1282-2000, s. 5; O.C. 251-2018, s. 24.

6. Every chartered appraiser must refrain from carrying on professional activities if attendant conditions are likely to compromise the quality of his professional services or the dignity of the profession.

O.C. 1282-2000, s. 6; O.C. 251-2018, s. 6.

7. A chartered appraiser must consider the general effect that his research and work could have on the public.

O.C. 1282-2000, s. 7; O.C. 161-2012, s. 2; O.C. 251-2018, s. 24.

8. A chartered appraiser must promote all measures likely to improve the availability and quality of professional services in his field of practice.

The chartered appraiser must, among other things, promote all training or information designed to make such services known to the public and, at the request of the Ordre des évaluateurs agréés du Québec, participate in the implementation of such measures, unless he has serious cause not to do so.

O.C. 1282-2000, s. 8; O.C. 251-2018, s. 24; O.C. 653-2018.

DIVISION II CONDUCT

9. A chartered appraiser’s conduct must be irreproachable.

The chartered appraiser shall, in particular, act with courtesy, dignity, moderation, and objectivity.

O.C. 1282-2000, s. 9; O.C. 251-2018, s. 24.

10. Every chartered appraiser shall avoid attitudes and methods likely to diminish the good repute of the profession or his ability to serve the public interest. He shall avoid discriminatory, fraudulent, or illegal practices, and must refuse to participate in such practices.

O.C. 1282-2000, s. 10; O.C. 251-2018, s. 24.

10.1. A chartered appraiser must ensure that none of the activities in which the chartered appraiser engages in connection with an office or within an enterprise, and that does not constitute the practice of the profession of chartered appraiser, compromises compliance with the obligations of professional conduct prescribed by this Code, including honour, dignity and integrity of the profession.

O.C. 161-2012, s. 3; O.C. 251-2018, s. 24.

11. Every chartered appraiser shall show respect toward all commissions of inquiry, bodies, and courts, and the members thereof.

No chartered appraiser shall, directly or indirectly, broadcast or publish comments or remarks that he knows to be false or that are manifestly false, concerning a commission of inquiry, a body, or a court, or any member thereof.

O.C. 1282-2000, s. 11; O.C. 251-2018, s. 24.

12. No chartered appraiser shall, directly or indirectly, comment publicly in any manner whatsoever on any case that is pending before a commission of inquiry, a body, or a court, and in which he or one of his partners or employees is involved.

O.C. 1282-2000, s. 12; O.C. 251-2018, ss. 7 and 24.

13. No chartered appraiser shall

(1)  lead or attempt to lead a court into error, create doubt in favour of a client, or restrict or deform reality by his testimony;

(2)  prevent or try to prevent another party from being assisted by a chartered appraiser or represented by an advocate.

O.C. 1282-2000, s. 13; O.C. 251-2018, s. 24.

DIVISION III IMPARTIALITY AND INDEPENDENCE

14. A chartered appraiser must subordinate his personal interests, those of the partnership or joint-stock company within which the chartered appraiser carries on professional activities or in which the chartered appraiser has an interest and those of any other person carrying on activities within such a partnership or joint-stock company, to those of his client.

For the purposes of this Regulation, the word “client” means the person requiring the services of the chartered appraiser.

O.C. 1282-2000, s. 14; O.C. 161-2012, s. 4; O.C. 251-2018, s. 24.

15. No chartered appraiser shall agree to render professional services where he knows that a contract for the same services has already been concluded with another chartered appraiser, unless he advises his client of a possible multiplication of costs and services.

O.C. 1282-2000, s. 15; O.C. 251-2018, ss. 8 and 24.

16. No chartered appraiser shall refuse to render professional services without reasonable cause.

However, no chartered appraiser shall accept more contracts or records than are dictated by the laws and regulations and the standards of practice of the profession.

O.C. 1282-2000, s. 16; O.C. 251-2018, ss. 9 and 24.

17. Every chartered appraiser shall safeguard his professional independence at all times. He shall, in particular,

(1)  ignore any intervention which could incite him to depart from his professional duties, in particular the duty to act with objectivity;

(2)  retain his professional independence when called upon to collaborate with another person, notably, another member of the Order or a member of another professional order;

(3)  avoid performing a task contrary to his professional conscience or to the standards of the profession;

(4)  avoid appraising, examining, or holding a consultation on a thing or a right in which he or his partners have an interest, whether direct or indirect, present or future;

(5)  refrain from sitting as a member of an adjudicatory body in a decision or recommendation relating to the rights and obligations of his client or the client of a partner;

(6)  refrain from acting in a situation where he could derive personal advantage, whether direct or indirect, present or future.

O.C. 1282-2000, s. 17; O.C. 251-2018, ss. 10 and 24; O.C. 653-2018.

18. A chartered appraiser who, without compromising his professional independence, acts for a client both as a chartered appraiser and in another capacity or solely in another capacity, must disclose this fact and the manner in which he is remunerated, to the client in writing, and explain how his independence is maintained.

A chartered appraiser who acts solely in another capacity must also obtain his client’s agreement that no act will be held to be a considered opinion of value.

The chartered appraiser’s disclosure and the client’s agreement do not exempt the chartered appraiser from his obligation to maintain professional independence at all times and to cease to act where the situation becomes irreconcilable with his duty to remain independent.

O.C. 1282-2000, s. 18; O.C. 251-2018, s. 24.

19. Every chartered appraiser shall avoid any situation in which he could be in a conflict of interest. Without restricting the generality of the foregoing, the chartered appraiser is in a conflict of interest

(1)  where he serves opposing interests, notably, where he agrees with a third party to appraise an immovable situated in the territory of a municipality for which he prepares and maintains the municipal roll;

(2)  where the interests in question are such that he might favour some of them over those of his client or where his judgment and loyalty toward his client could be unfavourably affected.

In all cases in which a chartered appraiser carries on professional activities within a partnership or joint-stock company, situations of conflict of interest are assessed with regard to all clients of persons with whom the chartered appraiser carries on professional activities within the partnership or joint-stock company.

As soon as he becomes aware that he is in a situation of conflict of interest, or apparent conflict of interest, the chartered appraiser must disclose this fact in writing to the clients concerned and request authorization to continue to act for them. Mention of this must be made by the chartered appraiser in his report.

O.C. 1282-2000, s. 19; O.C. 161-2012, s. 5; O.C. 251-2018, s. 24.

19.1. A chartered appraiser must take the necessary measures to ensure that information and documents protected by professional secrecy are not disclosed to a partner, shareholder, director, officer or employee of a partnership or joint-stock company within which the chartered appraiser carries on professional activities or in which the chartered appraiser has an interest, where the chartered appraiser becomes aware that the partner, shareholder, director, officer or employee has a conflict of interest. Those measures take into account the following factors:

(1)  the size of the partnership or joint-stock company;

(2)  the precautions taken to prevent access to the chartered appraiser’s record by the person having a conflict of interest;

(3)  the instructions given to protect information or documents protected by professional secrecy;

(4)  isolation, from the chartered appraiser, of the person having a conflict of interest.

O.C. 161-2012, s. 6; O.C. 251-2018, s. 24.

20. Generally, a chartered appraiser shall act for only one party in any given case.

Where a chartered appraiser’s professional duties require him to act for more than one party, such as in the capacity of arbitrator or amiable compositeur, he must specify the nature of his duties or responsibilities to all parties concerned and inform them that he will cease to act if the situation becomes irreconcilable with his duty to remain independent.

O.C. 1282-2000, s. 20; O.C. 251-2018, s. 24.

21. Every chartered appraiser shall refuse any benefit, commission, or return relative to the practice of his profession that is in addition to the remuneration to which he is entitled. Similarly, no chartered appraiser shall pay, offer to pay, or undertake to pay such benefit, commission, or return.

O.C. 1282-2000, s. 21; O.C. 251-2018, s. 24.

DIVISION IV DILIGENCE AND AVAILABILITY

22. A chartered appraiser shall display reasonable availability and diligence. He shall, among other things, inform his client upon request of the approximate time required for the execution of the professional service.

O.C. 1282-2000, s. 22; O.C. 251-2018, s. 24.

DIVISION V FEES

23. Every chartered appraiser must charge fair and reasonable fees.

Fees are considered fair and reasonable if they are warranted under the circumstances and in proportion to the services provided.

O.C. 1282-2000, s. 23; O.C. 251-2018, s. 24.

24. In determining the amount of his fees, a chartered appraiser shall consider the following factors in particular:

(1)  the knowledge or skill required to perform the professional services;

(2)  the degree of responsibility assumed;

(3)  the degree of difficulty and the importance of the professional services;

(4)  his experience;

(5)  the performance of professional services that are unusual or that require exceptional speed or competence;

(6)  the tariff suggested by the Order for the professional services rendered;

(7)  the time required to perform the professional services.

O.C. 1282-2000, s. 24; O.C. 251-2018, ss. 11 and 24.

24.1. Subject to a decision of a tribunal or another authority and to the exceptions provided for in the second paragraph, no chartered appraiser may agree to conditional fees, that is, fees whose amount depends on the results of the professional services obtained.

A chartered appraiser may agree to conditional fees in respect of the following professional consultation services:

(1)  verification of the accuracy, presence or absence of an entry on the municipal assessment roll or on the roll of rental values relating to a property;

(2)  negotiations to determine the amount of indemnities in case of expropriation;

(3)  verification and negotiations of the operating expenses of an immovable under lease.

Despite the second paragraph, when appearing before a tribunal or an arbitrator or before a body or a person carrying out judicial or quasi-judicial duties, no chartered appraiser may in any case determine or accept conditional fees in respect of professional consultation services, including acting as an expert witness.

O.C. 251-2018, s. 12; O.C. 653-2018.

24.2. No chartered appraiser may undertake professional services for which conditional fees have been agreed upon, unless the terms and conditions for determining the fees have also been agreed upon in writing.

O.C. 251-2018, s. 12.

24.3. When undertaking professional services referred to in subparagraphs 1 and 2 of the second paragraph of section 24.1 and regardless of the method of remuneration agreed upon, a chartered appraiser must, in accordance with the standards of practice of the profession, prepare and file in the client’s record a preliminary analysis of the value or, as the case may be, of the indemnities to which the services pertain.

O.C. 251-2018, s. 12.

25. (Revoked).

O.C. 1282-2000, s. 25; O.C. 251-2018, s. 13.

26. A chartered appraiser must receive fees from only one source in payment of a professional service, unless all parties concerned explicitly agree otherwise.

He shall inform his client before accepting payment of his fees from another person.

The agreement contemplated in the first paragraph must also state whether the fees, payment of costs, or other amounts he may receive from another person will be deducted from the fees agreed upon.

O.C. 1282-2000, s. 26; O.C. 251-2018, s. 24.

27. No chartered appraiser shall share his fees with another person unless responsibilities and services are also shared.

Where a chartered appraiser carries on professional activities within a joint-stock company, the fees and expenses relating to the professional services the chartered appraiser provided within and on behalf of the joint-stock company belong to the company, unless otherwise agreed.

O.C. 1282-2000, s. 27; O.C. 161-2012, s. 7; O.C. 251-2018, s. 24.

28. No chartered appraiser may collect interest on an outstanding account unless the rate of interest has been agreed upon with the client or any other person who undertook to pay the fees to the chartered appraiser. The rate must be reasonable.

O.C. 1282-2000, s. 28; O.C. 251-2018, ss. 14 and 24.

29. Before having recourse to legal proceedings, a chartered appraiser must have exhausted all other available means for obtaining payment of his fees.

O.C. 1282-2000, s. 29; O.C. 251-2018, s. 24.

30. Every chartered appraiser who entrusts the collection of his fees to another person must, as far as possible, ensure that that person acts with tact and moderation.

O.C. 1282-2000, s. 30; O.C. 251-2018, s. 24.

31. Every chartered appraiser shall provide the explanations required by a client and any other person who undertook to pay his fees to understand his statement of account and the terms and conditions of payment.

O.C. 1282-2000, s. 31; O.C. 251-2018, ss. 15 and 24.

DIVISION VI LIABILITY

32. Every chartered appraiser shall fully assume civil liability. No chartered appraiser shall include in a contract for professional services any clause directly or indirectly excluding his civil liability in whole or in part. A chartered appraiser may not exclude or limit that liability or attempt to do so, in particular by invoking the liability of the partnership or joint-stock company within which the chartered appraiser carries on professional activities or that of a person carrying on activities within that partnership or joint-stock company.

No appraiser shall sign a contract containing such a clause.

O.C. 1282-2000, s. 32; O.C. 161-2012, s. 8; O.C. 251-2018, s. 24.

33. Every chartered appraiser shall ensure that the provisions of the law and the regulations applicable to members of the Order are respected by the persons or partners with whom he acts. In particular, every chartered appraiser is responsible for any work he has caused to be executed by other persons. He must train and supervise such persons and review their work to ensure that it complies with the laws, regulations, and standards of practice applicable to members of the Order.

O.C. 1282-2000, s. 33; O.C. 251-2018, s. 24.

DIVISION VII ADDITIONAL DUTIES IN THE PRACTICE OF THE PROFESSION

34. Every chartered appraiser must, in the practice of the profession, hold himself out as a member of the Order. A chartered appraiser must in particular sign and indicate his capacity as a chartered appraiser on any report or other document produced in the practice of the profession.

O.C. 1282-2000, s. 34; O.C. 251-2018, s. 16.

35. Every chartered appraiser shall seek to establish a relationship of mutual trust between himself and his client.

O.C. 1282-2000, s. 35; O.C. 251-2018, s. 24.

36. No chartered appraiser shall intervene in the personal affairs of a client on issues that are not relevant to the profession or to the reasons for which the client requested professional services.

O.C. 1282-2000, s. 36; O.C. 251-2018, s. 24.

37. Every chartered appraiser must recognize his client’s right to consult another member of the Order, a member of another professional order, or any other competent person at any time.

O.C. 1282-2000, s. 37; O.C. 251-2018, s. 24.

38. If a client’s welfare so requires, the chartered appraiser shall, with the client’s authorization, consult another member of the Order, a member of another professional order, or any other competent person, or refer him to one of these persons.

O.C. 1282-2000, s. 38; O.C. 251-2018, s. 24.

39. Every chartered appraiser shall explain to his client, in a complete and objective manner, the nature and scope of the problem as he sees it on the basis of facts presented to him by the client.

He must inform the client as soon as possible of the extent, terms, and conditions of the requested professional services, and obtain the client’s agreement thereto.

If a new fact arises that could alter the extent, terms, or conditions of the requested professional services, the chartered appraiser must inform his client as soon as possible and obtain his consent to continue.

O.C. 1282-2000, s. 39; O.C. 251-2018, s. 24.

40. Every chartered appraiser must attempt to acquire full knowledge of the facts before giving advice or counsel to a client.

No chartered appraiser shall give a client advice or counsel that is contradictory or incomplete.

O.C. 1282-2000, s. 40; O.C. 251-2018, s. 24.

41. Every chartered appraiser must agree in advance with his client on the nature and form of the report. The report must conform to the standards of practice of the profession and, in particular, must describe the methodology used and the extent of research carried out in order to perform the required professional services. In the case of an appraisal, he must submit a report to his client, unless the client relieves him of this obligation in writing.

O.C. 1282-2000, s. 41; O.C. 251-2018, ss. 17 and 24.

42. Every chartered appraiser shall provide the explanations required by his client to evaluate and understand the professional services received.

Further, he shall notify his client of the approximate and foreseeable costs of his professional services, in disbursements and fees.

O.C. 1282-2000, s. 42; O.C. 251-2018, s. 24.

42.1. A chartered appraiser must first inform the client when the chartered appraiser intends to resort to a third person to provide essential aspects of the services.

O.C. 161-2012, s. 9; O.C. 251-2018, s. 24.

43. No chartered appraiser shall perform or create professional acts that are not justified by the nature of the professional services requested by the client.

O.C. 1282-2000, s. 43; O.C. 251-2018, s. 24.

44. Every chartered appraiser shall submit to his client all offers of settlement concerning the professional services requested by the client.

O.C. 1282-2000, s. 44; O.C. 251-2018, s. 24.

45. A chartered appraiser shall report on progress to a client upon request.

O.C. 1282-2000, s. 45; O.C. 251-2018, s. 24.

46. A chartered appraiser shall cease to provide professional services to a client if the client resiliates the contract for services.

O.C. 1282-2000, s. 46; O.C. 251-2018, s. 24.

47. No chartered appraiser shall, without just and reasonable cause, unilaterally terminate his professional services.

The following, in particular, constitute just and reasonable cause:

(1)  the client is deceitful or fails to cooperate;

(2)  the chartered appraiser is in a conflict of interest or in a situation in which his professional independence could be questioned;

(3)  the client or any other person who undertook to pay his fees refuses to pay the chartered appraiser’s fees;

(4)  it is impossible for the chartered appraiser to communicate with his client or to obtain the elements he considers necessary to perform the requested professional services;

(5)  the client attempts to induce the chartered appraiser to commit a discriminatory, fraudulent, or illegal act;

(6)  loss of confidence between the chartered appraiser and the client.

O.C. 1282-2000, s. 47; O.C. 251-2018, ss. 18 and 24.

48. Every chartered appraiser who, with just and reasonable cause, intends to unilaterally terminate a contract must give prior notice to that effect, indicating when the contract will be terminated.

He must give the notice within a reasonable time and ensure, as far as possible, that it is not prejudicial to his client.

O.C. 1282-2000, s. 48; O.C. 251-2018, s. 24.

49. Every chartered appraiser must appear in person, or be represented, at the time fixed for any proceeding relating to the practice of his profession, unless he is prevented therefrom for good and sufficient cause and, where possible, has given prior notice of his absence to his client and to the other parties involved.

O.C. 1282-2000, s. 49; O.C. 251-2018, s. 24.

DIVISION VIII DIGNITY OF THE PROFESSION

O.C. 1282-2000, Div. VIII; O.C. 251-2018, s. 19.

50. Every chartered appraiser must refrain from performing any of the following acts:

(1)  communicating with a complainant without the prior written permission of the syndic, or the assistant or corresponding syndic, where he is informed that he is the subject of an inquiry into his conduct or professional competence or where he has been served notice of a complaint against him;

(2)  repeatedly or insistently inciting a person whether personally or through a natural or legal person, a partnership or joint-stock company, a group, to have recourse to his professional services;

(3)  failing to notify the syndic of the Order that he has reason to believe that there is a situation likely to affect the competence or integrity of another chartered appraiser or that another chartered appraiser contravenes the Professional Code or a regulation made under the Code or that a partnership or joint-stock company within which members carry on their professional activities contravenes the Code and its regulations;

(4)  ordering or inciting another chartered appraiser to perform an act that contravenes the regulations of the Order;

(5)  conspiring with any person, in any manner whatsoever, to procure clients or business whether personally or through a natural or legal person, a partnership or joint-stock company, a group;

(6)  drawing up an unqualified declaration or report that he knows to be incomplete, or a report that he knows to be false or the conclusion of which has been predetermined with respect to the value of a thing or a right;

(7)  refusing or neglecting to meet or communicate with the syndic, or the assistant or corresponding syndic, after being informed that he is the subject of an inquiry into his conduct or professional competence, or after being served notice of a complaint against him;

(8)  attempting to obtain a contract that, to his knowledge, has already been awarded to a colleague;

(9)  entering into an agreement or permitting an agreement to be entered into within a partnership or joint-stock company in which the chartered appraiser practises, including a unanimous agreement between shareholders, that operates to impair the independence, objectivity and integrity required for the practice of the profession or compliance by the chartered appraiser with the Professional Code and the regulations made under the Code;

(10)  carrying on professional activities within, or having interest in, a partnership or joint-stock company if a partner, shareholder, director, officer or representative of the partnership or joint-stock company governed by the Professional Code, has been struck off the roll for more than 3 months or has had his or her permit revoked, unless the partner, shareholder, director, officer or representative

(a)  ceases to hold a position of director, officer or representative within the partnership or joint-stock company within 10 days of the date on which the striking off the roll or permit revocation becomes executory;

(b)  ceases to attend shareholder meetings and to exercise voting rights, if applicable, within 10 days of the date on which the striking off the roll or permit revocation becomes executory;

(c)  disposes of his or her voting shares or transfers them to a trustee within 10 days of the date on which the striking off the roll or permit revocation becomes executory; and

(11)  committing any act involving collusion, corruption, malfeasance, breach of trust or influence peddling.

O.C. 1282-2000, s. 50; O.C. 161-2012, s. 10; O.C. 251-2018, ss. 20 and 24; O.C. 653-2018.

DIVISION IX CONFIDENTIAL INFORMATION

O.C. 1282-2000, Div. IX; O.C. 251-2018, s. 21.

51. To ensure the secrecy of confidential information that becomes known to him in the practice of his profession, a chartered appraiser shall

(1)  refrain from using such information to the prejudice of a client or for purposes other than those for which it was given to him, such as, in particular, to obtain a direct or indirect benefit for himself or another person;

(2)  take the necessary measures to ensure that any person who cooperates or collaborates with the chartered appraiser or carries on activities with the chartered appraiser within a partnership or joint-stock company does not disclose or use such information that becomes known to the chartered appraiser in the performance of their duties;

(3)  avoid initiating or participating in indiscreet conversations concerning a client or services provided to the client;

(4)  refrain from revealing that a person has requested his services unless it is required by the nature of the case or the person has given written authorization to do so;

(5)  ensure, where he asks a client to disclose information of a confidential nature or allows such information to be confided to him, that the client is fully aware of the purpose of the interview and of the various uses that could be made of such information.

O.C. 1282-2000, s. 51; O.C. 161-2012, s. 11; O.C. 251-2018, s. 24.

51.1. A chartered appraiser who communicates information in accordance with the third paragraph of section 60.4 of the Professional Code (chapter C-26) shall communicate the information immediately and enter in the record the reasons supporting the decision to communicate the information, the content of the communication, the mode of communication and the name of the person to whom the information was communicated.

If the well-being of the person exposed to the danger requires it, the chartered appraiser shall consult the syndic before communicating the information, provided the consultation will not prejudicially delay communication of the information.

O.C. 1118-2003, s. 1; O.C. 251-2018, s. 24.

DIVISION X ACCESSIBILITY AND CORRECTION OF FILES

§ 1 . — General

52. In addition to respecting the special rules established by law, a chartered appraiser shall respond to a client’s request for access or correction in respect of any record concerning the client within 20 days after receipt of the request. If the chartered appraiser fails to reply within this period, he shall be deemed to have refused to grant it.

O.C. 1282-2000, s. 52; O.C. 251-2018, s. 24.

§ 2 . — Terms and conditions for the exercise of the right of access provided for in section 60.5 of the Professional Code

53. A chartered appraiser may, in respect of a request for a copy of a document, charge reasonable fees not exceeding reproduction or transcription costs and the cost of transmitting the copy.

Before reproducing, transcribing, or transmitting the information, the chartered appraiser who requests such fees must inform the client of the approximate amount that must be paid.

O.C. 1282-2000, s. 53; O.C. 251-2018, s. 24.

54. A chartered appraiser who, pursuant to the second paragraph of section 60.5 of the Professional Code (chapter C-26), refuses to allow a client access to information contained in a record established in the client’s respect must indicate to the client in writing, the reasons for the refusal.

O.C. 1282-2000, s. 54; O.C. 161-2012, s. 12; O.C. 251-2018, s. 24.

§ 3 . — Terms and conditions for the exercise of the right of correction provided for in section 60.6 of the Professional Code

55. A chartered appraiser who grants a request for correction shall, free of charge, give his client a copy of the document or part of document that allows the client to see for himself that the information has been corrected or deleted, or, as the case may be, written confirmation that the comments prepared by the client in writing have been filed in the record.

O.C. 1282-2000, s. 55; O.C. 251-2018, s. 24.

56. Every chartered appraiser must, upon his client’s written request and free of charge, forward a copy of the corrected information, or, as the case may be, written confirmation that the information has been deleted or that written comments have been filed in the record, to the person from whom the information was obtained and to any person to whom the information has been given.

Every chartered appraiser who refuses his client’s request for correction must notify the client in writing of his refusal, giving reasons and informing him of available remedies.

O.C. 1282-2000, s. 56; O.C. 251-2018, s. 24.

§ 4 . — The chartered appraiser’s obligation to give documents to his client

O.C. 1282-2000, Sd. 4; O.C. 251-2018, s. 24.

57. Every chartered appraiser shall promptly honour a client’s written request to retrieve a document entrusted to him, even if the fees for his services have not been paid in full.

A chartered appraiser who carries on professional activities within a partnership or joint-stock company must take reasonable measures to ensure that the partnership or joint-stock company complies with the requirements of the first paragraph.

O.C. 1282-2000, s. 57; O.C. 161-2012, s. 13; O.C. 251-2018, s. 24.

DIVISION XI ADVERTISING

O.C. 1282-2000, Div. XI; O.C. 251-2018, s. 22.

58. Every chartered appraiser shall ensure that his name and professional title appear in his advertising.

O.C. 1282-2000, s. 58; O.C. 251-2018, s. 24.

59. No chartered appraiser shall, by whatever means, engage in or allow the use of advertising that is false, incomplete, misleading, or liable to be misleading.

O.C. 1282-2000, s. 59; O.C. 251-2018, s. 24.

60. A chartered appraiser who, in advertising, claims to possess skills or specific qualities, particularly in respect of the chartered appraiser’s level of competence, the effectiveness or scope of the chartered appraiser’s services or, as the case may be, the effectiveness of the services of persons who carry on their activities within the same partnership or joint-stock company as the chartered appraiser, must be able to substantiate such claims.

O.C. 1282-2000, s. 60; O.C. 161-2012, s. 14; O.C. 251-2018, s. 24.

61. No chartered appraiser shall use or allow to be used, in his advertising, any endorsement or statement of gratitude in his regard or in regard of persons who carry on their activities within the same partnership or joint-stock company as the chartered appraiser, save awards for excellence and other prizes received in recognition of a contribution or achievement, the honour of which is reflected on the profession as a whole.

O.C. 1282-2000, s. 61; O.C. 161-2012, s. 15; O.C. 251-2018, s. 24.

62. No chartered appraiser shall resort to advertising practices likely to discredit or denigrate another person with whom he has dealings in the practice of the profession, in particular another member of the Order or a member of another professional order.

O.C. 1282-2000, s. 62; O.C. 251-2018, s. 24.

63. Every chartered appraiser who advertises professional fees or prices must do so in a manner easily comprehensible to the public, and in particular, must

(1)  set fixed fees or prices;

(2)  specify the services included in his fees or prices;

(3)  indicate whether expenses or other disbursements are included in his fees or prices;

(4)  indicate whether additional services incurring additional fees or costs may be required;

(5)  give as much significance to the professional services offered as to fees and prices.

O.C. 1282-2000, s. 63; O.C. 251-2018, s. 24.

64. In any advertising involving fees or prices, the chartered appraiser must specify the period during which such fees or prices are valid. This period must not be less than 90 days following the last broadcast or publication.

However, the chartered appraiser may agree with his client on an amount lower than the one broadcast or published.

O.C. 1282-2000, s. 64; O.C. 251-2018, s. 24.

65. No chartered appraiser shall, by any means whatever, engage in or allow the use of advertising intended for persons who may be emotionally or physically vulnerable as the result of a specific event.

O.C. 1282-2000, s. 65; O.C. 251-2018, s. 24.

66. A chartered appraiser shall conserve copies of all documents relating to every advertisement, for a period of the least 5 years following the date on which the advertisement was last published or broadcast and in their original form.

O.C. 1282-2000, s. 66; O.C. 251-2018, s. 24.

67. Where a chartered appraiser uses the graphic symbol of the Order in his advertising, he must, except on a professional card, include the following warning: “This advertisement does not originate from the Ordre des évaluateurs agréés du Québec.”.

O.C. 1282-2000, s. 67; O.C. 251-2018, s. 24.

DIVISION XII RELATIONS WITH THE ORDER AND OTHER PERSONS IN THE PRACTICE OF THE PROFESSION

68. A chartered appraiser who is asked by the board of directors or the executive committee of the Order to be a member of the professional inspection committee, the disciplinary council, the review committee constituted under section 123.3 of the Professional Code (chapter C-26), or the council for the arbitration of accounts established pursuant to the regulation made under section 88 of the Code, must accept that duty unless he has reasonable cause to refuse it.

O.C. 1282-2000, s. 68; O.C. 251-2018, s. 24.

69. Every chartered appraiser shall reply as soon as possible to any correspondence from the Secretary of the Order, the syndic of the Order, the assistant or corresponding syndic, an expert appointed by the syndic, or a member, investigator, expert, or inspector of the professional inspection committee.

O.C. 1282-2000, s. 69; O.C. 251-2018, s. 24.

70. No chartered appraiser shall breach the trust or betray the good faith of, or voluntarily mislead or use unfair practices toward any person with whom he has dealings in the practice of his profession, and in particular, any other member of the Order or any member of another professional order.

No chartered appraiser shall take credit for work performed by another person, particularly another member of the Order.

O.C. 1282-2000, s. 70; O.C. 251-2018, s. 24.

DIVISION XIII CONTRIBUTION TO THE DEVELOPMENT OF THE PROFESSION

71. Every chartered appraiser shall, as far as he is able, contribute to the development of the profession by sharing his knowledge and experience with other members of the Order and with students and trainees, and by taking part in activities and in refresher courses and training organized for members of the Order.

O.C. 1282-2000, s. 71; O.C. 251-2018, s. 24.

DIVISION XIV USE OF THE CHARTERED APPRAISER’S NAME IN A PARTNERSHIP NAME

O.C. 1282-2000, Div. XIV; O.C. 251-2018, s. 24.

72. No chartered appraiser shall include his name in a partnership name unless the partnership name includes the names of other members of the Order who practise together.

No chartered appraiser shall allow his name to appear in a partnership name that includes the expression “and associate” or any similar expression unless he has a partner and at least one partner’s name does not appear in the partnership name.

A chartered appraiser’s name may appear in a partnership name even if that name includes the name of a deceased or retired partner.

O.C. 1282-2000, s. 72; O.C. 251-2018, s. 24.

73. Except as provided in the following paragraph, every chartered appraiser who withdraws from a partnership must ensure that his name no longer appears in the partnership name or in any advertising of the partnership after one year following his withdrawal.

Where a chartered appraiser ceases to practise or dies, his name must no longer appear in the partnership name without his written authorization or that of his successors.

O.C. 1282-2000, s. 73; O.C. 251-2018, s. 24.

DIVISION XV REPRODUCTION OF THE GRAPHIC SYMBOL OF THE ORDER

74. A chartered appraiser who, for any purpose whatsoever, reproduces the graphic symbol of the Order must ensure that it is identical to the original held by the Secretary of the Order and shall add the following phrase: “Member of the Ordre des évaluateurs agréés du Québec.”

O.C. 1282-2000, s. 74; O.C. 251-2018, s. 24.

CHAPTER III FINAL PROVISIONS

75. This Code replaces the Code of ethics of chartered appraisers (R.R.Q., 1981, c. C-26, r. 91) and the Regulation respecting advertising by chartered appraisers (R.R.Q., 1981, c. C-26, r. 96).

O.C. 1282-2000, s. 75.

76. (Omitted).

O.C. 1282-2000, s. 76.

REFERENCES

O.C. 1282-2000, 2000 G.O. 2, 5300

O.C. 1118-2003, 2003 G.O. 2, 3258

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

O.C. 161-2012, 2012 G.O. 2, 686

O.C. 251-2018, 2018 G.O. 2, 1350

O.C. 653-2018, 2018 G.O. 2, 2355