C-26, r. 309 - Regulation respecting the keeping of records and consulting offices by town planners

Updated to 1 September 2012

This document has official status.

chapter C-26, r. 309

Regulation respecting the keeping of records and consulting offices by town planners

Professional Code

(chapter C-26, s. 91, 1st and 3rd pars.).

DIVISION I DEFINITIONS AND INTERPRETATION

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

(a)  “Order” means the Ordre professionnel des urbanistes du Québec;

(b)  “town planner” means every person who is entered on the roll of the Order;

(c)  “consulting office”: means the principal place where a town planner provides professional services, excluding the workroom of the employees of that town planner.

Decision 82-05-19, s. 1.01.

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

Decision 82-05-19, s. 1.02.

1.03. Nothing in this Regulation shall be interpreted as excluding the use of data processing or any other technical means in constituting and keeping the records of a town planner.

Decision 82-05-19, s. 1.03.

1.04. Division III applies only to a consulting office in which a town planner practises on his own account or for the account of another town planner or of a partnership of town planners.

Decision 82-05-19, s. 1.04.

DIVISION II KEEPING OF RECORDS

2.01. Subject to section 2.07, a town planner must keep, on the premises where he exercises his profession, a record for each of his clients. Where data processing or any other technical means is used for the constitution and keeping of a record, the data bank may be situated outside the consulting office on the condition that the town planner has access to that bank from his office and his access to the bank is exclusive.

Decision 82-05-19, s. 2.01.

2.02. A town planner must enter the following items and information in each record:

(a)  the date of opening of the record;

(b)  the name of the client, his address, his telephone number;

(c)  a summary description of the mandate entrusted to him by the client;

(d)  a succinct description of the professional services rendered and their date;

(e)  the recommendations made to the client and the documents that are given to him;

(f)  the notes, correspondence and other documents related to the professional services rendered;

(g)  a compilation of the time devoted to the consultation by him and his personnel;

(h)  a statement of the expenses incurred by the town planner and his personnel within the framework of the mandate entrusted to him by the client;

(i)  a list of documents lent by the client.

Decision 82-05-19, s. 2.02.

2.03. The town planner must keep each record up-to-date until he ceases to render professional services to the person concerned by that record.

Decision 82-05-19, s. 2.03.

2.04. The town planner must keep each record for a period of at least 5 years from the date of the last service rendered, unless the client takes possession of the record.

Decision 82-05-19, s. 2.04.

2.05. The town planner must keep his records in a room or cabinet which is not readily accessible to the public and which may be locked by means of a key or otherwise.

Decision 82-05-19, s. 2.05.

2.06. Where a client withdraws a document from the record that concerns him, the town planner inserts a note in that record indicating the nature of the document and the date of the withdrawal.

Decision 82-05-19, s. 2.06.

2.07. Where a town planner is a member of or employed by a partnership, or if he is employed by a natural or legal person, the records kept by such partnership or employer concerning the persons to whom services were rendered by that town planner, are considered, for the purposes of this Regulation, the latter’s records if he may enter therein the items or information referred to in section 2.02; if he may not do so, he must keep a record for each of these persons.

The town planner must sign or initial each entry or report that he inserts in a record in accordance with the first paragraph.

Decision 82-05-19, s. 2.07.

DIVISION III KEEPING OF CONSULTING OFFICES

3.01. The town planner’s consulting office must be so appointed that the confidentiality of conversations is ensured.

Decision 82-05-19, s. 3.01.

3.02. The town planner must post his permit so that it is visible to visitors to his consulting office.

Decision 82-05-19, s. 3.02.

3.03. The town planner must keep available for consultation by the client a copy of the Code of ethics of the members of the Ordre des urbanistes du Québec (chapter C-26, r. 302) and the Regulation respecting the procedure for conciliation and arbitration of accounts of town planners (chapter C-26, r. 308). He must also write the address of the Order on each of those regulations.

Decision 82-05-19, s. 3.03.

DIVISION IV FINAL PROVISION

4.01. (Omitted).

Decision 82-05-19, s. 4.01.

REFERENCES

Decision 82-05-19, 1982 G.O. 2, 1959, suppl. 290