C-26, r. 24.1 - Regulation respecting a professional activity that may be engaged in by certain probation officers and certain correctional counsellors

Updated to 20 January 2021

This document has official status.

not in force

chapter C-26, r. 24.1

Regulation respecting a professional activity that may be engaged in by certain probation officers and certain correctional counsellors

Professional Code

(chapter C-26, s. 94, 1st par., subpar. h).

DIVISION I EXERCISE OF A RESERVED PROFESSIONAL ACTIVITY

O.C. 41-2021, Div. I.

1. Probation officers or correctional counsellors within the meaning of the Act respecting the Québec correctional system (chapter S-40.1) employed on 30 April 2018 may, in the exercise of their functions, assess the criminogenic factors and offending behaviour of a person suffering from a mental or neuropsychological disorder attested by the diagnosis or evaluation of an authorized professional.

The first paragraph does not apply to a person who meets the conditions for the issue of a permit by one of the professional orders whose members may assess a person suffering from a mental or neuropsychological disorder attested by the diagnosis or evaluation of an authorized professional.

O.C. 41-2021, s. 1.

2. When the employment of a person referred to in the first paragraph of section 1 ends and the person is no longer registered on a valid qualifications list or in a bank of qualified persons for employment as a probation officer or correctional counsellor, the person must inform the Ordre professionnel des criminologues du Québec not later than 15 days after the person’s employment or registration ends.

O.C. 41-2021, s. 2.

DIVISION II TRAINING REQUIREMENT

O.C. 41-2021, Div. II.

3. A person authorized in accordance with the first paragraph of section 1 must complete at least 6 hours of eligible training activities in each 2-year reference period.

The following activities may, when in connection with the activity referred to in the first paragraph of section 1, in particular, constitute eligible training activities:

(1)  participation in courses, seminars, workshops, symposiums, conferences or congresses offered in particular by a professional order, university level educational institution or specialized institution;

(2)  participation in structured training activities offered in the workplace;

(3)  supervision of the professional activity referred to in the first paragraph of section 1 by a criminologist who engages in that professional activity.

O.C. 41-2021, s. 3.

4. An authorized person must send to the Order, not later than 45 days after the end of each reference period, the documents showing the hours of training completed, along with the fee prescribed by the board of directors.

O.C. 41-2021, s. 4.

5. An authorized person who is unable to comply with the training requirement may, for a given reference period, be exempted from training by the Order. The person must request exemption from the Order and give reasons in support of the request. At the request of the Order, the person also provides the required documents.

Before refusing a request for exemption, the Order must notify the person in writing and inform the person of the person’s right to present written observations within 15 days of receiving the notification. The Order must send its decision to the person not later than 60 days after the request for exemption is received and inform the person of the person’s right to apply for a review of the decision, in accordance with section 7.

O.C. 41-2021, s. 5.

6. The Order must send a written notice to an authorized person who fails to comply with the requirements of section 3 or section 4, setting out the requirements that the person has failed to meet and informing the person that the person has no more than 30 days from receipt of the notice to correct the failure.

A person who has not corrected the failure stated in the notice within 45 days from the date of the notice is no longer authorized to engage in the professional activity referred to in first paragraph of section 1.

The Order must inform the person of the person’s right to apply for a review of the suspension of authorization, in accordance with section 7.

The suspension of authorization to engage in the professional activity referred to in the first paragraph of section 1 remains in effect until the person provides the Order with evidence that the person has met the requirements of section 3 and until the Order confirms to the person that the person is once again authorized to engage in the professional activity.

O.C. 41-2021, s. 6.

7. A person subject to a negative decision under section 5 or a suspension of authorization under section 6 may apply for a review to the board of directors not later than 15 days from the date on which the person is notified of the decision.

The application for review must be in writing and sent to the secretary of the Order. It must briefly state the reasons on which it is based.

O.C. 41-2021, s. 7.

8. The secretary must inform the applicant in writing of the place and time of the meeting of the board of directors during which the person’s application for review will be examined, at least 5 days before the date of the meeting.

An applicant who wishes to be heard at the meeting must inform the secretary at least 2 days before the scheduled date of the meeting; an applicant who wishes to present written observations must forward them to the secretary at any time prior to the scheduled date of the meeting.

O.C. 41-2021, s. 8.

9. The board of directors must render a written and substantiated decision not later than 60 days after receiving the application for review.

The decision by the board of directors is final. It is forwarded in writing to the applicant not later than 30 days after the date on which it is rendered.

O.C. 41-2021, s. 9.

DIVISION III TRANSITIONAL AND FINAL

O.C. 41-2021, Div. III.

10. Persons authorized in accordance with the first paragraph of section 1 must, not later than 60 days after the coming into force of this Regulation, inform the Order, in the manner determined by the board of directors, that they engage in the reserved professional activity referred to in that section.

O.C. 41-2021, s. 10.

11. Despite section 3, the first reference period begins on the date of coming into force of this Regulation (2021-02-18) and ends on 31 March 2022.

O.C. 41-2021, s. 11.

12. (Omitted).

O.C. 41-2021, s. 12.

REFERENCES

O.C. 41-2021, 2021 G.O. 2, 429