C-26, r. 88.1 - Regulation respecting the compensation procedure of the Ordre des conseillers en ressources humaines et en relations industrielles agréés du Québec

Updated to 7 January 2021

This document has official status.

chapter C-26, r. 88.1

Regulation respecting the compensation procedure of the Ordre des conseillers en ressources humaines et en relations industrielles agréés du Québec

Professional Code

(chapter C-26, s. 89.1).

1. A claimant may be compensated in accordance with this procedure following the use by a member of the Ordre des conseillers en ressources humaines et en relations industrielles agréés du Québec of funds for purposes other than those for which they were entrusted to the member under a regulation of the Order made under section 89 of the Professional Code (chapter C‑26).

O.C. 1328-2020, s. 1.

2. To be admissible, a claim must

(1)  be sent in writing to the Order within 12 months of the claimant becoming aware that the funds have been used by the member for purposes other than those for which they were entrusted to the member;

(2)  be accompanied by proof of the steps taken with the member to recover the funds;

(3)  state the facts in support of the claim and be accompanied by all relevant documents;

(4)  indicate the amount claimed.

The period referred to in subparagraph 1 of the first paragraph may be extended by the board of directors if the claimant shows that, for a reason beyond the claimant’s control, the claimant was unable to file the claim within that period.

O.C. 1328-2020, s. 2.

3. A request made to the Order with regard to facts likely to give rise to a claim is deemed to be a claim if the request is filed within the period referred to in subparagraph 1 of the first paragraph of section 2.

The claim becomes admissible where the conditions set out in subparagraphs 2 to 4 of the first paragraph of section 2 are met.

O.C. 1328-2020, s. 3.

4. The secretary of the Order enters every admissible claim on the agenda for the first meeting of the board of directors following the date on which the claim becomes admissible.

O.C. 1328-2020, s. 4.

5. The secretary of the Order informs the member and the claimant of the date of the meeting during which the claim will be examined and of their right to make representations.

O.C. 1328-2020, s. 5.

6. The board of directors decides, as soon as possible, whether it is expedient to accept a claim in whole or in part. Where applicable, it fixes the indemnity.

The substantiated decision is final.

O.C. 1328-2020, s. 6.

7. The maximum amount that may be paid for the period covering the fiscal year of the Order is

(1)  $10,000 for a claimant in respect of a member;

(2)  $50,000 for all the claimants in respect of a member;

(3)  $100,000 for all the claimants.

Where all the claims filed for the period covering the fiscal year of the Order exceeds $100,000, the amount paid to each claimant is paid in proportion to the amount of each claim.

O.C. 1328-2020, s. 7.

8. Where the board of directors believes that two or more claims may be filed in respect of a member and that the total amount claimed may exceed $50,000, it must suspend the payment of compensations until it has reviewed all claims in respect of the member. If circumstances permit, the board of directors must draw an inventory of the funds entrusted to the member and notify in writing the persons likely to file a claim.

O.C. 1328-2020, s. 8.

9. If the claimant is vulnerable due to his or her age or physical, psychological or social condition, the board of directors may, exceptionally, pay an amount greater than those provided for in section 7.

O.C. 1328-2020, s. 9.

10. (Omitted).

O.C. 1328-2020, s. 10.

REFERENCES

O.C. 1328-2020, 2020 G.O. 2, 3635