c-26, r. 130.1 - Regulation respecting the compensation procedure of the Ordre des évaluateurs agréés du Québec

Updated to 3 June 2021

This document has official status.

chapter C-26, r. 130.1

Regulation respecting the compensation procedure of the Ordre des évaluateurs agréés du Québec

Professional Code

(chapter C-26, s. 89.1).

1. A claimant may be compensated in accordance with this procedure following the use by a chartered appraiser of funds for purposes other than those for which they were entrusted to the chartered appraiser under a regulation of the Ordre des évaluateurs agréés du Québec made under section 89 of the Professional Code (chapter C-26).

O.C. 649-2021, s. 1.

2. The board of directors forms a committee charged with examining and deciding claims.

The committee is composed of at least 3 members, including 1 director appointed to the board of directors.

O.C. 649-2021, s. 2.

3. To be admissible, a claim must

(1)  be sent in writing to the Order within 12 months of the claimant becoming aware that the funds have been used by a chartered appraiser for purposes other than those for which they were entrusted to the chartered appraiser;

(2)  be accompanied by proof of the steps taken with the chartered appraiser to recover the funds;

(3)  state the facts in support of the claim and be accompanied by all relevant documents; and

(4)  indicate the amount claimed.

The period referred to in subparagraph 1 of the first paragraph may be extended by the committee if the claimant shows that, for a reason beyond the claimant’s control, the claimant was unable to file the claim within that period.

O.C. 649-2021, s. 3.

4. A request made to the Order with regard to facts likely to give rise to a claim is deemed to be a claim if the request is filed within the period referred to in subparagraph 1 of the first paragraph of section 3.

The claim becomes admissible where the conditions set out in subparagraphs 2 to 4 of the first paragraph of section 3 are met.

O.C. 649-2021, s. 4.

5. The secretary of the Order sends every admissible claim to the committee and the chartered appraiser within 15 days following the date on which the claim becomes admissible.

O.C. 649-2021, s. 5.

6. The secretary of the Order informs the chartered appraiser and the claimant of the date of the meeting during which the claim will be examined and of their right to make representations.

O.C. 649-2021, s. 6.

7. The committee decides, within 90 days following the date on which the claim becomes admissible, whether it is expedient to accept a claim in whole or in part. Where applicable, it fixes the compensation.

The substantiated decision is final.

O.C. 649-2021, s. 7.

8. The maximum amount that may be paid for the period covering the fiscal year of the Order is

(1)  $5,000 for a claimant in respect of a chartered appraiser;

(2)  $25,000 for all the claimants in respect of a chartered appraiser;

(3)  $50,000 for all the claimants.

Where all the claims filed for the period covering the fiscal year of the Order exceeds $50,000, the amount paid to each claimant is paid in proportion to the amount of each claim.

O.C. 649-2021, s. 8.

9. Where the committee believes that a number of claims may be filed in respect of a chartered appraiser and the total of the claims may exceed $25,000, the board of directors must suspend the payment of the compensations until it has reviewed all claims in respect of the chartered appraiser. If the circumstances allow it, the board of directors must draw an inventory of the funds received by that chartered appraiser and notify in writing the persons likely to file a claim.

O.C. 649-2021, s. 9.

10. Where the claimant is in a vulnerable situation, in particular because of age, physical or psychological state or social condition, the committee may, exceptionally and after having obtained the approval of the board of directors, pay an amount greater than those provided for in section 8.

O.C. 649-2021, s. 10.

11. (Omitted).

O.C. 649-2021, s. 11.

REFERENCES

O.C. 649-2021, 2021 G.O. 2, 1441