C-26, r. 161 - Regulation respecting the procedure for conciliation and arbitration of accounts of nursing assistants

Updated to 1 September 2012

This document has official status.

chapter C-26, r. 161

Regulation respecting the procedure for conciliation and arbitration of accounts of nursing assistants

Professional Code

(chapter C-26, s. 88).

DIVISION I DEFINITIONS AND INTERPRETATION

1.01. In this Regulation, unless the context indicates otherwise,

(a)  “Order” means the Ordre des infirmières et infirmiers auxiliaires du Québec;

(b)  “secretary” means the secretary of the Order;

(c)  “member” means every person holding a permit issued by the Order, whose name is entered on the roll of the latter and whose account is the object of a dispute with a patient;

(d)  “council” means the arbitration council set up under Division III;

(e)  “syndic” means the syndic, assistant syndic or one of the corresponding syndics of the Order;

(f)  “executive committee” means the executive committee of the Order.

R.R.Q., 1981, c. C-26, r. 117, s. 1.01; O.C. 1079-96, s. 7.

1.02. The Interpretation Act (chapter I-16) applies to this Regulation.

R.R.Q., 1981, c. C-26, r. 117, s. 1.02.

DIVISION II CONCILIATION

2.01. The syndic shall forward a copy of this Regulation to every person who so requests.

R.R.Q., 1981, c. C-26, r. 117, s. 2.01.

2.02. A patient who has a dispute with a member of the Order with respect to the amount of an account for professional services must, before seeking arbitration, apply for conciliation by the syndic in forwarding him by registered or certified mail the form in Schedule 1 duly completed.

R.R.Q., 1981, c. C-26, r. 117, s. 2.02.

2.03. An application for conciliation in respect of an account which was not paid or was paid, in whole or in part, must be transmitted to the syndic within 45 days following the day on which the patient received the account.

An application for conciliation in respect of a sum withdrawn or withheld by a member from funds he is holding or has received for or on behalf of the patient must be transmitted to the syndic within 45 days following the day the patient becomes aware that such sum has been withdrawn or withheld.

An application for conciliation in respect of an account or part thereof which was not paid may be transmitted to the syndic after the expiry of the 45-day period, provided that it is transmitted before a legal action is served by the member on the patient in respect of the unpaid account or part thereof.

R.R.Q., 1981, c. C-26, r. 117, s. 2.03; O.C. 1079-96, s. 1.

2.04. Within 5 days from the date on which he receives the application for conciliation, the syndic shall forward to the member a copy of such application by registered or certified mail.

R.R.Q., 1981, c. C-26, r. 117, s. 2.04.

2.05. The syndic shall proceed with the conciliation in the manner he considers most appropriate.

R.R.Q., 1981, c. C-26, r. 117, s. 2.05.

2.06. The syndic shall send a report of his conciliation to both parties as soon as possible and not later than 30 days from the date of receipt of the application for conciliation.

R.R.Q., 1981, c. C-26, r. 117, s. 2.06.

2.07. Where the conciliation does not result in an agreement between the parties, the patient may, within 15 days from the date of receipt of the syndic’s report or, in default of such report, within 45 days from the date of receipt of his application for conciliation, have recourse to arbitration in accordance with Division III.

R.R.Q., 1981, c. C-26, r. 117, s. 2.07.

DIVISION III ARBITRATION

§ 1 . — Submission to arbitration

3.01.01. A patient applies for arbitration by filing with the secretary 2 copies of a “submission to arbitration” drafted in the form prescribed in Schedule 2, duly completed and bearing his signature.

R.R.Q., 1981, c. C-26, r. 117, s. 3.01.01.

3.01.02. Within 5 days from the receipt of the application for arbitration, the secretary shall forward to the member, by registered or certified mail, a copy of the submission to arbitration signed by the patient.

R.R.Q., 1981, c. C-26, r. 117, s. 3.01.02.

3.01.03. Within 10 days from the receipt of such copy, the member shall sign it and return it to the secretary.

R.R.Q., 1981, c. C-26, r. 117, s. 3.01.03.

§ 2 . — Formation of council

3.02.01. In order to settle the dispute between the patient and the member, the executive committee shall set up an arbitration council composed of 3 members of the Order and designate a chair from among them. The executive committee shall also appoint a clerk to assist the council in the performance of its duties.

Notwithstanding the foregoing, where the amount in dispute is less than $1,500, only 1 arbitrator is appointed by the executive committee and he shall act as council for the purposes of this Regulation.

R.R.Q., 1981, c. C-26, r. 117, s. 3.02.01; O.C. 1079-96, s. 2.

3.02.02. The clerk shall notify the arbitrators and the parties of the formation of the council.

R.R.Q., 1981, c. C-26, r. 117, s. 3.02.02.

3.02.03. A motion for recusation of an arbitrator shall only be made for one of the causes set forth in article 234 of the Code of Civil Procedure (chapter C-25) and must be forwarded in writing to the clerk, the arbitrators and the parties within 10 days from the day on which the party who invokes it becomes aware of the cause for recusation.

The executive committee shall decide on the motion for recusation and, where applicable, designate a new arbitrator.

R.R.Q., 1981, c. C-26, r. 117, s. 3.02.03.

3.02.04. Before acting, the arbitrators must take the oath of discretion provided in Schedule II to the Professional Code (chapter C-26).

R.R.Q., 1981, c. C-26, r. 117, s. 3.02.04.

3.02.05. In the case of death or inability to act of one of the arbitrators, the others shall settle the matter and their decision shall be valid. If the chair dies or is unable to act, the executive committee shall appoint a chair from among the other 2 arbitrators of the council.

In the case of a council consisting of 1 arbitrator, the latter shall be replaced by a new arbitrator appointed by the executive committee and the dispute shall be re-heard.

R.R.Q., 1981, c. C-26, r. 117, s. 3.02.05; O.C. 1079-96, s. 3.

§ 3 . — Hearing

3.03.01. The chair of the council shall fix the date, hour and place of the hearing. The clerk shall notify the arbitrators and the parties in writing at least 10 days prior to that date.

R.R.Q., 1981, c. C-26, r. 117, s. 3.03.01.

3.03.02. The council may ask each party to submit, within a given time limit, a statement of his pretensions with documents in support thereof.

R.R.Q., 1981, c. C-26, r. 117, s. 3.03.02.

3.03.03. The council shall convene the parties, hear them, receive their evidence or, if they offer none, record their default.

R.R.Q., 1981, c. C-26, r. 117, s. 3.03.03.

3.03.04. The council shall proceed with dispatch to the hearing of the dispute according to the procedure and mode of evidence it considers appropriate.

R.R.Q., 1981, c. C-26, r. 117, s. 3.03.04.

3.03.05. The evidence shall not be recorded unless the council or one of the parties so requests. In the latter case, that party shall assume the cost thereof.

R.R.Q., 1981, c. C-26, r. 117, s. 3.03.05.

3.03.06. The clerk shall draw up the minutes of the hearing and have them signed by the arbitrators.

The minutes constitute, in the absence of proof to the contrary, proof of their content.

R.R.Q., 1981, c. C-26, r. 117, s. 3.03.06.

3.03.07. Articles 945 and 947 of the Code of Civil Procedure (chapter C-25) apply, with the necessary modifications, to the arbitration held pursuant to this Regulation.

R.R.Q., 1981, c. C-26, r. 117, s. 3.03.07.

§ 4 . — Arbitration award

3.04.01. The council must render its decision within 60 days following the end of the hearing, unless the parties agree in writing to extend that period.

R.R.Q., 1981, c. C-26, r. 117, s. 3.04.01.

3.04.02. The council decides as mediator and renders the decision it considers most appropriate.

The council shall determine, where applicable, the reimbursement of fees to which the patient is entitled.

R.R.Q., 1981, c. C-26, r. 117, s. 3.04.02; O.C. 1079-96, s. 4.

3.04.03. The decision is rendered by the majority of the members of the council; in default of a majority, the decision is rendered by the chair.

The reasons for the decision must be given and it must be signed by the arbitrators who endorsed it; if an arbitrator refuses to sign, the others must indicate such refusal and the decision shall be as valid as if it had been signed by all of them.

The clerk shall forward the decision to the parties without delay.

R.R.Q., 1981, c. C-26, r. 117, s. 3.04.03.

3.04.04. The expenses incurred by the parties for the holding of the arbitration shall be assumed by each of them respectively and cannot be claimed by the adverse party.

R.R.Q., 1981, c. C-26, r. 117, s. 3.04.04.

3.04.05. The decision must adjudge on the arbitration fees, that is, the costs actually incurred by the Order for the holding of the arbitration. However, the total amount of the arbitration fees shall in no case exceed 10% of the amount which is the object of the arbitration as fixed in section 3 of the submission to arbitration.

Where an agreement is reached between the parties before the decision of the council is rendered, the latter shall nevertheless adjudge on the arbitration fees in accordance with this section.

R.R.Q., 1981, c. C-26, r. 117, s. 3.04.05.

3.04.06. The decision is final.

R.R.Q., 1981, c. C-26, r. 117, s. 3.04.06.

3.04.07. The complete record of arbitration is filed with the secretary who, unless explicitly authorized by the parties, shall issue a copy thereof in whole or in part only to the latter, their attorneys, the syndic and the members of the executive committee.

R.R.Q., 1981, c. C-26, r. 117, s. 3.04.07.

SCHEDULE 1

(s. 2.02)

APPLICATION FOR CONCILIATION

I, the undersigned __________(name and address)__________ in person or (where applicable) representing ______________________________ for the purposes of this application, as attested by the authorization annexed hereto, being duly sworn, declare that:

(1) __________(name of professional)__________ claims from me the sum of __________ for professional services rendered between ______________________________ and ______________________________, as attested by the account a copy of which is annexed hereto;

Check the appropriate box

(2) I refuse to pay this account □

or

I ask for a reimbursement of $__________ □

for the following reasons:

---

---

---

(3) I apply for conciliation by the syndic pursuant to Division II of the Regulation respecting the procedure for conciliation and arbitration of accounts of nursing assistants (chapter C-26, r. 161), of which I declare having received a copy and taken cognizance.

And I have signed

---

(signature of patient or his duly authorized representative)

Sworn before me

at __________________________________________________________________________________

this ____________________________________________________________________ 20__________

---

Commissioner for oaths

R.R.Q., 1981, c. C-26, r. 117, Sch. 1; O.C. 1079-96, s. 5.

SCHEDULE 2

(s. 3.01.01)

SUBMISSION TO ARBITRATION

Entered into by:

---

(name and address)

in person or (where applicable) representing ______________________________ for the purposes of this submission, as attested by the authorization annexed hereto, hereinafter referred to as “the party of the first part”, and

---

(name and address)

member of the Ordre des infirmières et infirmiers auxiliaires du Québec, hereinafter referred to as “the party of the second part”, who make the following declarations and agreements:

(1) The party of the second part claims from the party of the first part the sum of __________ for professional services rendered between ______________________________ and ______________________________, as attested by the account a copy of which is annexed hereto;

(2) The party of the first part

Check the appropriate box

(a) refuses to pay this account □

or

(b) asks for a reimbursement of $ __________ □

for the following reasons:

---

---

---

For the purposes of prescription, the party of the first part waives the benefit of elapsed time;

(3) The dispute between the parties bears on the entire account or (where applicable) on that part of the account which exceeds that which the party of the first part acknowledges that he owes to the party of the second part, namely, the sum of __________;

(4) The dispute between the parties will be settled by arbitration held in accordance with Division III of the Regulation respecting the procedure for conciliation and arbitration of accounts of nursing assistants (chapter C-26, r. 161), of which the parties declare having received a copy and taken cognizance;

(5) The party of the second part undertakes, for the duration of the arbitration, not to claim before the civil courts that part of the account which is the object of the dispute.

The party of the first part undertakes, for the duration of the arbitration, not to claim, before civil courts, reimbursement of the amount it paid towards all or part of the account in dispute;

(6) The arbitration award is binding upon the parties and the rules set forth in Book VII of the Code of Civil Procedure (chapter C-25) apply to its enforcement;

(7) This submission may be annulled only with the written consent of the parties.

---

(signature of patient or his duly authorized representative)

Signed at ____________________________________________________________________________

this ____________________________________________________________________ 20_________

---

(signature of professional)

Signed at ____________________________________________________________________________

this ____________________________________________________________________ 20_________

R.R.Q., 1981, c. C-26, r. 117, Sch. 2; O.C. 1079-96, ss. 6 and 7.

REFERENCES

R.R.Q., 1981, c. C-26, r. 117

O.C. 1079-96, 1996 G.O. 2, 3976

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