C-26, r. 84 - Regulation respecting the records of a certified human resource or industrial relations counsellor who ceases to practise

Updated to 1 September 2012

This document has official status.

chapter C-26, r. 84

Regulation respecting the records of a certified human resource or industrial relations counsellor who ceases to practise

Professional Code

(chapter C-26, s. 91).

DIVISION I GENERAL PROVISIONS

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

(a)  “Order” means the Ordre professionnel des conseillers en ressources humaines et en relations industrielles agréés du Québec;

(b)  “counsellor” means a person who is entered on the roll of the Order;

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

(d)  “records” means the records, books and registers that a counsellor must keep in the practice of his profession;

(e)  “transferee” means the counsellor to whom are transferred the records of another counsellor who ceases to practise permanently;

(f)  “provisional custodian” means the counsellor to whom are entrusted the records of another counsellor during his temporary cessation of practice.

R.R.Q., 1981, c. C-26, r. 54, s. 1.01.

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

R.R.Q., 1981, c. C-26, r. 54, s. 1.02.

1.03. Nothing in this Regulation shall be interpreted as excluding the use of data processing or any other technical means for the keeping of the records.

R.R.Q., 1981, c. C-26, r. 54, s. 1.03.

1.04. In the case of a counsellor who is a member or an employee of a partnership of professionals or an employee of a natural or legal person, this Regulation shall not apply to the records of such partnership or employer used by that counsellor in the practice of his profession. This Regulation shall, however, apply where all the members of a partnership of professionals cease to practise.

R.R.Q., 1981, c. C-26, r. 54, s. 1.04.

1.05. An agreement respecting the transfer or provisional custody of the records of a counsellor who ceases to practise must be certified in writing and sent to the secretary.

R.R.Q., 1981, c. C-26, r. 54, s. 1.05.

DIVISION II PERMANENT CESSATION OF PRACTICE

2.01. Subject to sections 2.02 and 2.03, where a counsellor ceases permanently to practise his profession, he must, not later than 15 days prior to the date fixed for the cessation of his practice:

(a)  if he has found a transferee, notify the secretary by registered or certified mail that he will cease to practise his profession effective from such date, and give him the name, address and telephone number of the transferee; or

(b)  if he has not found a transferee, inform the secretary thereof by registered or certified mail and notify him that he will give him custody of his records on the date fixed for the cessation of his practice.

R.R.Q., 1981, c. C-26, r. 54, s. 2.01.

2.02. Where a counsellor ceases to practise his profession as a result of his being permanently struck off the roll, the secretary must ensure that the counsellor who is struck off find a transferee within 60 days of the final decision regarding the striking off.

If a transferee has not been found upon the expiry of that period, the records of the counsellor who has been struck off shall be entrusted to the secretary.

R.R.Q., 1981, c. C-26, r. 54, s. 2.02.

2.03. Upon the death of a counsellor, the secretary must, as soon as he is notified thereof, ensure that the successors of the deceased counsellor find a transferee as quickly as possible.

R.R.Q., 1981, c. C-26, r. 54, s. 2.03.

2.04. The transferee or the secretary, as the case may be, must, within 30 days following the date on which he takes possession of the records of a counsellor who ceases permanently to practise, notify that counsellor’s clients in writing:

(a)  that he has custody of the latter’s records;

(b)  of his address, telephone number and office hours; and

(c)  of their right to consult another counsellor.

R.R.Q., 1981, c. C-26, r. 54, s. 2.04.

2.05. The transferee or the secretary, as the case may be, must respect the right of a person to take cognizance of the documents concerning him in any record made in his regard and to obtain copies of such documents. The fees for obtaining such copies shall be paid by the person who makes the request.

R.R.Q., 1981, c. C-26, r. 54, s. 2.05.

2.06. Where the secretary has custody of the records of a counsellor who has ceased permanently to practise his profession, he may at any time, after consulting that counsellor, entrust the records to a transferee.

R.R.Q., 1981, c. C-26, r. 54, s. 2.06.

2.07. While he has custody of the records of a counsellor who has ceased permanently to practise his profession, the secretary must take the necessary preservation measures in order to safeguard the interests of that counsellor’s clients.

R.R.Q., 1981, c. C-26, r. 54, s. 2.07.

2.08. Subject to section 2.06, the secretary must retain for a minimum period of 3 years the records he receives pursuant to this Division.

R.R.Q., 1981, c. C-26, r. 54, s. 2.08.

DIVISION III TEMPORARY CESSATION OF PRACTICE

3.01. Subject to section 3.02, where a counsellor ceases temporarily to practise his profession, he must, not later than 15 days prior to the date fixed for the cessation of his practice:

(a)  if he has found a provisional custodian, notify the secretary by registered or certified mail that he will cease temporarily to practise his profession effective from such date and advise him of the date on which he intends to resume practising his profession and the name, address and telephone number of the provisional custodian; or

(b)  if he has not found a provisional custodian, inform the secretary thereof by registered or certified mail and notify him that he will give him custody of the records on the date fixed for the cessation of his practice.

R.R.Q., 1981, c. C-26, r. 54, s. 3.01.

3.02. Where a counsellor ceases to practise his profession as a result of his being temporarily struck off the roll, the secretary must ensure that the counsellor who is struck off find a provisional custodian within 15 days of the expiry of the time allowed for appeal or the final decision regarding the striking off.

If a provisional custodian has not been found upon the expiry of that period, the records of the counsellor who is struck off shall be entrusted to the secretary.

R.R.Q., 1981, c. C-26, r. 54, s. 3.02.

3.03. The provisional custodian must communicate to the clients of the counsellor whose records he has custody of, the pertinent information respecting the progress of their record, keep such records up to date, and take the other necessary preservation measures in order to safeguard the interests of that counsellor’s clients.

R.R.Q., 1981, c. C-26, r. 54, s. 3.03.

3.04. Section 2.04 applies, with the necessary modifications, to this Division except in the case where a counsellor ceases to practise as a result of a temporary striking off lasting under 6 months.

R.R.Q., 1981, c. C-26, r. 54, s. 3.04.

3.05. Sections 2.05 to 2.07 apply, with the necessary modifications, to this Division.

R.R.Q., 1981, c. C-26, r. 54, s. 3.05.

3.06. The secretary or provisional custodian, as the case may be, must return the records to the counsellor immediately upon termination of the period of temporary cessation of practice.

R.R.Q., 1981, c. C-26, r. 54, s. 3.06.

3.07. A counsellor who no longer wishes to resume practising his profession during or after the expiry of the period in which he has temporarily ceased to practise, must comply with Division II.

R.R.Q., 1981, c. C-26, r. 54, s. 3.07.

REFERENCES

R.R.Q., 1981, c. C-26, r. 54