C-26, r. 14 - Code of ethics of chartered administrators

Replaced on 27 February 2014

This document has official status.

chapter C-26, r. 14

Code of ethics of chartered administrators

Professional Code

(chapter C-26, s. 87).

Replaced, O.C. 45-2014, 2014 G.O. 2, 272; eff. 2014-02-27; see chapter C-26, r. 14.1.

CHAPTER I GENERAL

1. This Code determines, pursuant to section 87 of the Professional Code (chapter C-26), the chartered administrator’s duties, regardless of the structure or manner in which he engages in his professional activities or the nature of his contractual relationship with the client.

O.C. 234-2003, s. 1; O.C. 528-2011, s. 1.

1.1. A chartered administrator shall take reasonable measures to ensure compliance with the Professional Code (chapter C-26) and the regulations adopted thereunder by any person, other than a chartered administrator, who cooperates with him in the course of his professional activities or by any partnership or joint-stock company within which he engages in his professional activities.

O.C. 528-2011, s. 2.

1.2. A chartered administrator’s duties and obligations under the Professional Code (chapter C-26) and regulations thereunder are in no way modified or reduced by the fact that the chartered administrator carries on his professional activities within a partnership or a joint-stock company.

O.C. 528-2011, s. 2.

2. (Revoked).

O.C. 234-2003, s. 2; O.C. 528-2011, s. 3.

CHAPTER II DUTIES AND OBLIGATIONS TOWARDS THE PUBLIC

3. Chartered administrators shall not utter words, publish writings or commit acts which are contrary to law, nor may they advise, recommend or induce anyone to do so.

O.C. 234-2003, s. 3.

4. Chartered administrators shall support every measure likely to improve the quality and availability of professional services in the field in which they practise.

O.C. 234-2003, s. 4.

5. In the practice of the profession, chartered administrators must bear in mind all the foreseeable consequences which their research, work or interventions may have on the public.

O.C. 234-2003, s. 5; O.C. 528-2011, s. 4.

6. Chartered administrators shall promote measures of education and information in the field in which they practise. They shall also, as far as possible, perform the necessary acts to ensure such education and information.

O.C. 234-2003, s. 6.

CHAPTER III DUTIES AND OBLIGATIONS TOWARDS CLIENTS

DIVISION I GENERAL

7. Before accepting to act or to intervene for a client, chartered administrators shall bear in mind the extent of their proficiency, knowledge, professional experience, as well as the means available. Chartered administrators shall not, in particular, undertake work for which they are not sufficiently prepared without obtaining the necessary assistance and without informing their client.

O.C. 234-2003, s. 7.

8. Chartered administrators shall at all times respect the client’s right to consult another chartered administrator, a member of another professional order or any other competent person with whom they must, where necessary, work in close cooperation.

Chartered administrators shall inform the client as soon as they realize that it would be in the client’s interest to seek the services of another professional regarding an important aspect of the case.

Chartered administrators may not act or intervene if another professional or another competent person, such as another chartered administrator, is already involved in the case, unless they inform both that person and the client.

O.C. 234-2003, s. 8.

9. In addition to the provisions of section 54 of the Professional Code (chapter C-26), chartered administrators shall not practise under conditions or in states likely to impair the quality of their services and the dignity of the profession.

O.C. 234-2003, s. 9.

10. Chartered administrators shall not interfere in the personal affairs of their clients in matters that do not fall within their competence.

O.C. 234-2003, s. 10.

11. Chartered administrators shall, in the practice of their profession, identify themselves in relation to the client as chartered administrators. They shall, in particular, sign and make known their capacity as chartered administrators on any report or document produced in the practice of their profession.

O.C. 234-2003, s. 11.

DIVISION II INTEGRITY AND OBJECTIVITY

12. Chartered administrators shall discharge professional duties with integrity and act in the best interest of the client.

O.C. 234-2003, s. 12.

13. Chartered administrators shall avoid any misrepresentation with respect to their level of competence or the efficiency of their own services and of those generally provided by the members of the profession or by the persons who carry on their professional activities within the same partnership or a joint-stock company.

If the interest of the client so requires, the chartered administrator shall, with the latter’s authorization, consult a colleague, a member of another professional order or another competent person, or send the client to one of those persons.

O.C. 234-2003, s. 13; O.C. 528-2011, s. 5.

14. Chartered administrators shall inform the client as soon as possible of the cost, the extent and the terms and conditions of their intervention. The chartered administrator shall obtain the client’s consent and ensure that the client understands the objectives and extent of the services involved and the billing method used.

O.C. 234-2003, s. 14.

15. Chartered administrators shall set out in a complete and objective manner to the client the nature and scope of the problem as they see it on the basis of all the facts brought to their attention.

O.C. 234-2003, s. 15.

16. Chartered administrators who consider that the client’s interest requires a change in the original mandate shall so notify the client no matter the possible consequences on the duration of the mandate and obtain the client’s consent before giving an opinion or advice.

O.C. 234-2003, s. 16.

17. Chartered administrators shall refrain from expressing opinions or giving advice that is contradictory or incomplete. To that end, they must endeavour to gain full knowledge of the facts before expressing an opinion or giving advice.

O.C. 234-2003, s. 17.

18. In the performance of their duties, chartered administrators shall maintain their independence of mind in relation to their client and ensure that their interventions, opinions and advice are based on an objective analysis of the facts.

O.C. 234-2003, s. 18.

19. Chartered administrators shall inform the client as soon as possible of any event likely to have, or that has had, a significant impact on their professional services.

O.C. 234-2003, s. 19.

20. Chartered administrators shall take reasonable care of the property entrusted to them by clients and they may not lend or use it for purposes other than those for which it was entrusted to them.

O.C. 234-2003, s. 20; O.C. 528-2011, s. 6.

21. Chartered administrators shall submit to the client any offer received for the client in the practice of the profession.

O.C. 234-2003, s. 21.

22. Chartered administrators may not use any subterfuge, trick, pretension, declaration or other misleading means intended to induce a person to require their professional services, whether or not that person has required their services.

O.C. 234-2003, s. 22.

23. Chartered administrators may not use or provide third parties with procedures, techniques, information, data, documents or other property that are not their own without the express authorization of the owner, administrator or other authorized representative or authorized holder.

O.C. 234-2003, s. 23.

24. (Revoked).

O.C. 234-2003, s. 24; O.C. 528-2011, s. 7.

DIVISION III AVAILABILITY AND DILIGENCE

25. In the practice of the profession, chartered administrators shall display reasonable availability and diligence.

O.C. 234-2003, s. 25.

26. In addition to opinions and advice, chartered administrators shall provide the client with any explanation necessary to the understanding and application of the services rendered to the client.

O.C. 234-2003, s. 26.

27. Chartered administrators shall render an account to the client when so requested by the latter and display reasonable diligence and availability in that respect.

O.C. 234-2003, s. 27.

28. Chartered administrators shall display objectivity and impartiality when persons other than clients ask them for information.

O.C. 234-2003, s. 28.

29. Unless they have a compelling reason for doing so, chartered administrators may not cease or refuse to act for the account of a client.

The following shall, in particular, constitute compelling reasons:

(1)  loss of trust between the chartered administrator and the client;

(2)  lack of cooperation on the client’s part;

(3)  the fact that the chartered administrator is in a real or apparent situation of conflict of interest or in a situation such that their professional independence could be questioned;

(4)  the fact of being incited by the client to perform illegal, unfair or fraudulent acts;

(5)  refusal by the client to pay expenses or fees due to the chartered administrator; and

(6)  the fact that the foreseeable consequences of the work, interventions or research are such as to go against or be detrimental for the public.

O.C. 234-2003, s. 29; O.C. 528-2011, s. 8.

30. Before ceasing to exercise their functions for the account of a client, chartered administrators shall so inform the client within a time that is reasonable in the circumstances and ensure that no prejudice is caused to the client as a result.

O.C. 234-2003, s. 30.

DIVISION IV LIABILITY

31. A chartered administrator assumes full personal civil liability in the practice of his professional activities. He is forbidden to include in a declaration, an advertisement or a professional service contract, any clause to the effect of directly or indirectly, fully or partially, excluding this responsibility.

He may not invoke the liability of the company or partnership within which he carries on his professional activities, neither the responsibility of another person who also carries on his activities in the company or partnership as a ground for excluding or limiting his own liability.

O.C. 234-2003, s. 31; O.C. 528-2011, s. 9.

32. Chartered administrators may not in any way claim or make believe that the benefits that may result from their services are guaranteed.

O.C. 234-2003, s. 32.

DIVISION V INDEPENDENCE AND IMPARTIALITY

33. A chartered administrator shall place himself in a position where the interest of his client supersedes his self-interest or the interest of the company or partnership within which he carries on his professional activities or in which he or any other person carrying on their activities within the company or partnership has an interest.

O.C. 234-2003, s. 33; O.C. 528-2011, s. 10.

34. Chartered administrators shall ignore any intervention by a third party which could influence the performance of their professional duties to the detriment of the client.

O.C. 234-2003, s. 34.

35. Chartered administrators may not act under such conditions that their objectivity, professional independence or integrity could be questioned. They shall at all times avoid any situation likely to place them in a conflict of interest.

In particular, without limiting the generality of the foregoing, chartered administrators are in a conflict of interest

(1)  when in such a situation that they might tend to favour certain interests over those of their client or where their judgment and loyalty towards the latter might be unfavourably affected; or

(2)  when in such a situation that they could derive from it a direct or indirect, real or possible, personal benefit, in addition to the remuneration agreed upon.

O.C. 234-2003, s. 35.

36. As soon as they ascertain that they are likely to be in a situation of conflict of interest, chartered administrators shall notify the client thereof and, as soon as possible, rectify the situation by asking the client’s authorization before pursuing their intervention or their contract for professional services. Failing such authorization, they shall terminate the intervention or contract.

O.C. 234-2003, s. 36.

37. Generally speaking, chartered administrators may act only for their client in a single case. If their professional duties require a different course of action, they shall inform their client and the third party, specify the nature of their responsibilities as chartered administrators and keep them informed that they will cease to act if the situation becomes irreconcilable or incompatible with the provisions of this Code, the Professional Code (chapter C-26) or the regulations made under the latter Code.

O.C. 234-2003, s. 37.

38. A chartered administrator shall share his professional fees only with a chartered administrator or another person, a trust or an enterprise comtemplated in paragraph 1 of section 4 of the Regulation respecting the practice of the profession of chartered administrator within a partnership or a joint-stock company (chapter C-26, r. 17.1).

O.C. 234-2003, s. 38; O.C. 528-2011, s. 11.

39. A chartered administrator shall abstain from receiving any gratification, compensation or commission related to the practice of his profession, except from usual courtesies and presents of modest value. In addition, he shall not pay, offer to pay or agree to pay such gratification, compensation or commission.

O.C. 234-2003, s. 39; O.C. 528-2011, s. 12.

40. For a given service, chartered administrators must accept fees from one source only, unless explicitly agreed upon otherwise among all the parties concerned. Chartered administrators shall accept the payment of their fees only from the client or the client’s representative, unless the client gives different instructions.

O.C. 234-2003, s. 40.

DIVISION VI STANDARDS OF PROFESSIONAL PRACTICE

41. Chartered administrators shall act in accordance with accepted professional standards and generally recognized administration and management principles.

In addition, when acting as certified management advisors (CMC), they shall act in accordance with the rules and principles established in the various aspects of that practice and know and apply the advisory process, which includes the contact with the client, the exploratory assessment, the service offer, the wording of the contract, the organization of the intervention, the state of the situation, the preparation of recommendations, assistance to implementing them, the assessment of the intervention and the closing of the intervention.

O.C. 234-2003, s. 41.

DIVISION VII PROFESSIONAL SECRECY

42. Chartered administrators must respect the secrecy of confidential information obtained in the practice of the profession.

O.C. 234-2003, s. 42.

43. Chartered administrators shall avoid any indiscreet conversation about a client or the services rendered to a client.

O.C. 234-2003, s. 43.

44. A chartered administrator shall take reasonable measures to ensure the secrecy of confidential information revealed to him by reason of his profession is respected by all employees or by any person who cooperates or carries on activities within the company or partnership where the chartered administrator practises his profession.

O.C. 234-2003, s. 44; O.C. 528-2011, s. 13.

45. Chartered administrators shall not use confidential information to the detriment of the client in order to obtain directly or indirectly a benefit for themselves or for third persons.

O.C. 234-2003, s. 45.

46. Chartered administrators may be released from professional secrecy only upon the written authorization of the client or when so ordered by law. Chartered administrators may also be released from professional secrecy in the cases, under the conditions and in accordance with the terms and conditions set out in Division VII.1 of this Code.

O.C. 234-2003, s. 46; O.C. 777-2004, s. 1.

DIVISION VII.1 LIFTING OF PROFESSIONAL SECRECY TO PROTECT INDIVIDUALS

O.C. 777-2004, s. 2.

46.1. Chartered administrators may communicate information that is protected by professional secrecy in order to prevent an act of violence, including a suicide, where they have reasonable cause to believe that there is an imminent danger of death or serious bodily injury to a person or an identifiable group of persons.

However, chartered administrators may only communicate the information to the person exposed to the danger or the person’s representative, and to the persons who can come to the person’s aid. They may only communicate such information as is necessary to achieve the purposes for which the information is communicated.

Chartered administrators who communicate such information may do so orally or in writing, provided the method chosen will not prejudicially delay the communication of the information.

O.C. 777-2004, s. 2.

46.2. Chartered administrators who, pursuant to section 46.1, communicate information that is protected by professional secrecy in order to prevent an act of violence must, as soon as possible,

(1)  if the information was communicated orally, send a written confirmation to the person to whom it was communicated;

(2)  enter the following particulars in the client’s record:

(a)  the date and time that the information was communicated and the name of every person to whom the information was given;

(b)  the mode of communication;

(c)  the content of the information;

(d)  the circumstances under which the information became known to the chartered administrator; and

(e)  the reasons supporting the decision to communicate the information, including the name of the person who caused the chartered administrator to communicate the information and the name of the person exposed to a danger; and

(3)  send the syndic of the Order a notice regarding the communication that includes the particulars referred to in paragraph 2.

O.C. 777-2004, s. 2.

DIVISION VIII ACCESSIBILITY OF RECORDS

47. Chartered administrators may require that a request or right referred to in section 48, 51 or 55 be made or exercised at their professional domicile during regular business hours.

O.C. 234-2003, s. 47.

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

48. In addition to the special rules prescribed by law, chartered administrators shall, within 30 days following receipt, follow up on any request made by a client with a view to examining documents concerning the client in any record established in the client’s respect or to obtaining a copy thereof.

O.C. 234-2003, s. 48.

49. Access to the information in a record shall be free of charge. However, chartered administrators may require reasonable charges from a client who makes a request referred to in section 48 so long as the charges do not exceed the cost for reproducing or transcribing the documents or the cost for transmitting a copy of them.

A chartered administrator who requires such charges shall inform the client of the approximate amount payable before proceeding with the transcription, reproduction or transmission of the documents or copies requested.

O.C. 234-2003, s. 49.

50. Chartered administrators who, pursuant to the second paragraph of section 60.5 of the Professional Code (chapter C-26), refuse to give a client access to the information contained in a record established in the client’s respect shall inform the client in writing of the reasons for refusal.

O.C. 234-2003, s. 50; O.C. 528-2011, s. 14.

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

51. In addition to the special rules prescribed by law, chartered administrators shall, within 30 days following receipt, follow up on any request made by a client with a view to

(1)  causing to be corrected, in a document concerning the client and contained in any record established in the client’s respect, information that is inaccurate, incomplete or ambiguous with regard to the purpose for which it was collected;

(2)  causing to be deleted any information that is outdated or not justified by the object of the record established in the client’s respect; or

(3)  filing in the record established in the client’s respect comments that the client has prepared in writing.

O.C. 234-2003, s. 51.

52. Chartered administrators who grant a request referred to in section 56 shall issue to the client, free of charge, a copy of the document or part thereof where information has been corrected or deleted or, as the case may be, a certificate attesting that the written comments prepared by the client have been filed in the record.

O.C. 234-2003, s. 52.

53. Upon written request by a client, chartered administrators shall, free of charge, send a copy of the corrected information or a certificate attesting that information has been deleted or, as the case may be, that written comments have been filed in the record to any person from whom the chartered administrator received the information involved, as well as to any person to whom the information has been transmitted.

O.C. 234-2003, s. 53.

54. Chartered administrators who hold information that is the subject of a request for access or correction shall, if they deny the request, keep the information for the time needed by the person involved to exhaust all legal recourses.

O.C. 234-2003, s. 54.

§ 3 . — Obligations for chartered administrators to release documents

55. Chartered administrators shall promptly follow up on any written request by a client who wishes to recover a document that the client had entrusted to the chartered administrator.

The chartered administrator shall mention in the client’s record, the reasons, if any, supporting the client’s request.

O.C. 234-2003, s. 55.

DIVISION IX DETERMINATION AND PAYMENT OF FEES

56. Chartered administrators shall charge and accept fair and reasonable fees.

O.C. 234-2003, s. 56.

57. Chartered administrators shall charge fees that are warranted by the circumstances and that correspond to the services rendered. In determining their fees, chartered administrators must in particular take the following factors into account:

(1)  the time devoted to the professional service;

(2)  the complexity and importance of the service;

(3)  the carrying out of unusual services or services requiring exceptional competence or celerity;

(4)  their experience;

(5)  the result obtained in a matter involving particular difficulties having an uncertain outcome; and

(6)  the scope of the responsibility assumed.

O.C. 234-2003, s. 57.

58. Chartered administrators shall ensure that the client is informed in advance of the approximate cost of the services, of the remuneration and payment methods and of the scope of the work.

O.C. 234-2003, s. 58.

59. Chartered administrators shall provide the client with all the explanations necessary to the understanding and justification of their statement of fees and the method of payment.

O.C. 234-2003, s. 59.

59.1. A chartered administrator who practises within a partnership shall ensure that professional fees related to professional services rendered by chartered administrators shall be listed separately on all invoice or fees statement given by the partnership to the client.

O.C. 528-2011, s. 15.

59.2. Where a chartered administrator practises his professional activities within a joint-stock company, all professional fees related to professional services he has rendered within and on behalf of the company belong to the company, unless otherwise agreed.

O.C. 528-2011, s. 15.

60. Chartered administrators may collect interest on outstanding accounts only after notifying the client. The interest thus charged must be at a reasonable rate.

O.C. 234-2003, s. 60.

61. Before having recourse to legal proceedings, chartered administrators must have exhausted all the other means available for obtaining payment of their fees.

O.C. 234-2003, s. 61.

62. (Revoked).

O.C. 234-2003, s. 62; O.C. 528-2011, s. 16.

63. Chartered administrators who entrust the collection of their fees to another person must ensure that that person will act with tact and moderation.

O.C. 234-2003, s. 63.

CHAPTER IV DUTIES TOWARDS THE PROFESSION

DIVISION I RELATIONS WITH THE ORDER AND COLLEAGUES

64. Chartered administrators shall at all times act in such a way as not to discredit the profession, the Order or their colleagues.

O.C. 234-2003, s. 64.

65. Chartered administrators shall not make false representations with regard to their competence, abilities, rights or powers.

O.C. 234-2003, s. 65.

66. Upon request by the board of directors, chartered administrators shall, to the extent of their capacities, participate in a council for the arbitration of accounts, a disciplinary council, a professional inspection committee, a committee on a sector of professional activity, a regional committee or any other committee. Chartered administrators may request an exemption for good reasons.

O.C. 234-2003, s. 66.

67. Chartered administrators shall promptly answer all requests and correspondence addressed to them by the syndic, the assistant syndic, an inspector, an investigator or a member of the professional inspection committee.

O.C. 234-2003, s. 67.

68. Chartered administrators shall not abuse a colleague’s good faith or be guilty of breach of trust or disloyal practices towards a colleague. The chartered administrator shall not, in particular, take credit for work done by a colleague.

O.C. 234-2003, s. 68.

69. With the client’s authorization, a chartered administrator consulted by a colleague or another professional about a record on the client shall cooperate and provide the colleague or professional with the relevant information in the most complete way possible.

O.C. 234-2003, s. 69.

70. Chartered administrators shall refrain from making remarks that undermine the credit, integrity and reputation of a colleague.

O.C. 234-2003, s. 70.

DIVISION II CONTRIBUTION TO THE ADVANCEMENT OF THE PROFESSION

71. Chartered administrators shall, to the extent of their capacities, contribute to the development of the profession through the exchange of their knowledge and experience with their colleagues and by their participation in tutorship or professional development activities that require their cooperation.

O.C. 234-2003, s. 71.

72. Chartered administrators shall seek to improve their knowledge in the fields related to their professional activity by taking part in seminars, courses, symposiums or other similar sessions and by professional readings.

O.C. 234-2003, s. 72.

DIVISION III DEROGATORY ACTS

73. In addition to the acts referred to in the Professional Code (chapter C-26) or that may be determined pursuant to subparagraph 1 of the second paragraph of section 152 of that Code, the following acts are derogatory to the dignity of the profession of chartered administrator:

(1)  inducing someone insistently or in a pressing, unreasonable, undue or repeated manner to have recourse to the chartered administrator’s professional services;

(2)  communicating with the plaintiff without the prior written permission of the syndic or assistant syndic once informed of an investigation into the chartered administrator’s professional conduct or a complaint has been served on the chartered administrator;

(3)  continuing to act on behalf of a client where once aware that the client is acting fraudulently;

(4)  advising or encouraging someone to commit an illegal, fraudulent or reprehensible act;

(5)  not informing the syndic or assistant syndic within a reasonable time after personally becoming aware of a derogatory act committed by another chartered administrator;

(6)  refusing or neglecting to fulfill the requirements of the syndic or assistant syndic;

(7)  charging fees to a client for interviews, communications or correspondence with the syndic or assistant syndic following requests made by them for information or explanations about a matter concerning the chartered administrator;

(8)  charging fees for professional acts that were not performed or providing a receipt or another document that falsely indicates that services have been rendered;

(9)  not informing the client as soon as the chartered administrator realizes there is a possible conflict of interest;

(10)  not informing the client when the chartered administrator is no longer capable of performing the work or intervention accepted or entrusted;

(11)  continuing to act in violation of a provision of this Code, the Professional Code, a regulation made under the latter Code or a resolution of the board of directors; and

(12)  carrying on professional activities within a company or partnership, or having interest in such company or partnership, where a partner, shareholder, director, officer or employee of the company or partnership, is struck off the roll for a period of 3 months or has his professional permit revoked, except where the partner, shareholder, director, officer or employee:

(a)  ceases to act as a director or officer within 15 days from the date on which the striking off or revocation becomes executory;

(b)  ceases to attend all shareholders meetings and to exercise his right to vote within 15 days from the date on which the striking off or revocation becomes executory;

(c)  disposes of his company shares with voting rights or leaves them in the care of a trustee within 15 days from the date on which the striking off or revocation becomes executory.

O.C. 234-2003, s. 73; O.C. 528-2011, s. 17.

CHAPTER V CONDITIONS, OBLIGATIONS AND PROHIBITIONS RESPECTING ADVERTISING

DIVISION I GENERAL

74. Chartered administrators may not, by any means whatsoever, engage in or allow the use of advertising that is false, deceptive, incomplete or liable to be misleading.

A chartered administrator who carries on his professional activities within a company or partnership shall not allow the company or partnership to use, by any means whatsoever, false, incomplete or misleading advertising.

O.C. 234-2003, s. 74; O.C. 528-2011, s. 18.

75. Chartered administrators may not claim to possess specific qualities or skills, in particular with regard to their level of competence or the scope or efficacy of their services, unless they can substantiate such claim.

O.C. 234-2003, s. 75.

76. Chartered administrators may not use advertising practices likely to denigrate or discredit a colleague.

O.C. 234-2003, s. 76.

77. Chartered administrators who advertise prices, rates, fees, commissions or other remuneration methods shall avoid giving the advertisement a profit-seeking or unreasonably commercial character. In particular, chartered administrators shall

(1)  establish fixed prices, rates, fees, commissions or other remuneration methods;

(2)  specify the nature and extent of services included in the prices, tariffs, fees, commissions or other remuneration methods;

(3)  indicate whether expenses are included in the prices, tariffs, fees, commissions or other remuneration methods;

(4)  indicate whether additional services might be required for which an additional sum could be charged.

The particulars and indications shall be such as to reasonably inform a person so that an enlightened choice may be made among the professional services offered and the related remuneration.

O.C. 234-2003, s. 77.

78. The prices, tariffs, fees, commissions or other remuneration methods announced in such advertisement shall remain in force for at least 90 days following the last broadcast or publication.

O.C. 234-2003, s. 78.

79. Chartered administrators shall keep a complete copy of any advertisement in its original form for 5 years following the date of the last broadcast or publication. Upon request, that copy shall be handed over to the syndic or assistant syndic.

O.C. 234-2003, s. 79.

80. Chartered administrators may not, in their advertising, use or allow the use of an endorsement or statement of gratitude concerning them, except distinctions, awards for excellence and other prizes given by the Order or a body recognized by the board of directors, or underlining a contribution or an achievement the honour of which is shared by all the profession.

O.C. 234-2003, s. 80.

DIVISION II GRAPHIC SYMBOL OF THE ORDER

81. The Ordre des administrateurs agréés du Québec is represented by a graphic symbol complying with the original held by the secretary of the Order.

O.C. 234-2003, s. 81.

82. Chartered administrators who reproduce or allow the reproduction of the graphic symbol of the Order for advertising purposes shall ensure that the symbol conforms to the original held by the secretary of the Order.

O.C. 234-2003, s. 82.

83. Chartered administrators who use the graphic symbol of the Order in advertising placed in printed or televised media shall include the following notice in the advertisement:

“This advertisement is not an advertisement of the Ordre des administrateurs agréés du Québec and does not commit its liability.”.

O.C. 234-2003, s. 83.

DIVISION III NAME

O.C. 234-2003, Div. III; O.C. 528-2011, s. 19.

84. A chartered administrator shall not carry on his profession within a company or partnership under a name which is misleading, derogatory to the honour or dignity of the profession or which is a number name.

Only a company or partnership in which all the services are provided by chartered administrators may use in its name the titles reserved for the profession.

O.C. 234-2003, s. 84; O.C. 528-2011, s. 20.

85. (Revoked).

O.C. 234-2003, s. 85; O.C. 528-2011, s. 21.

86. This Code replaces the Code of ethics of chartered administrators (R.R.Q., 1981, c. C-26, r. 10) and the Regulation respecting advertising by chartered administrators (R.R.Q., 1981, c. C-26, r. 17).

O.C. 234-2003, s. 86.

87. (Omitted).

O.C. 234-2003, s. 87.

REFERENCES

O.C. 234-2003, 2003 G.O. 2, 1171

O.C. 777-2004, 2004 G.O. 2, 2548

S.Q. 2006, c. 22, s. 177

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

O.C. 528-2011, 2011 G.O. 2, 1243