C-26, r. 90 - Regulation respecting the keeping of records and consulting offices by certified human resource and industrial relations counsellors

Updated to 1 September 2012

This document has official status.

chapter C-26, r. 90

Regulation respecting the keeping of records and consulting offices by certified human resource and industrial relations counsellors

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 whosoever is entered on the roll of the Order;

(c)  “consulting office” means the place where a counsellor usually receives the persons for whom he provides professional services, excluding in particular the place mentioned in section 3.02 and the workroom of the employees of that counsellor.

R.R.Q., 1981, c. C-26, r. 61, s. 1.01.

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

R.R.Q., 1981, c. C-26, r. 61, 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 counsellor.

R.R.Q., 1981, c. C-26, r. 61, s. 1.03.

1.04. Division III shall apply only to the consulting office in which a counsellor practises on his own account or for the account of another counsellor or a partnership of counsellors.

R.R.Q., 1981, c. C-26, r. 61, s. 1.04.

DIVISION II KEEPING OF RECORDS

2.01. Subject to section 2.07, the counsellor must keep in the premises where he practises his profession a record for each of his clients.

R.R.Q., 1981, c. C-26, r. 61, s. 2.01.

2.02. The counsellor must enter the following items and information in each record:

(a)  the date of opening the record;

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

(c)  a summary description of the reasons for the consultation;

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

(e)  the recommendation made to the client; and

(f)  the correspondence and other documents which belong to the client and relating to the professional services rendered.

R.R.Q., 1981, c. C-26, r. 61, s. 2.02.

2.03. A counsellor must keep each record up-to-date until he ceases to render professional services to the person concerned in that record.

R.R.Q., 1981, c. C-26, r. 61, s. 2.03.

2.04. A counsellor must keep each record for a period of at least 3 years from the date of the last service rendered.

R.R.Q., 1981, c. C-26, r. 61, s. 2.04.

2.05. A counsellor 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.

When, in accordance with section 1.03, the counsellor uses data processing or any other technical means in the constituting and keeping of his records, he must ensure that their confidentiality is respected.

R.R.Q., 1981, c. C-26, r. 61, s. 2.05.

2.06. When a client asks to take a document which belongs to him out of the record of a counsellor, the latter must insert a note in that record signed by the client indicating the nature of the document and the date on which it was taken out.

R.R.Q., 1981, c. C-26, r. 61, s. 2.06.

2.07. Where a counsellor 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 counsellor shall be 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 cannot do so, he must keep a record for each of these persons.

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

R.R.Q., 1981, c. C-26, r. 61, s. 2.07.

DIVISION III KEEPING OF CONSULTING OFFICES

3.01. The counsellor’s consulting office must be so appointed that the conduct and conversations of the persons therein cannot be learned outside that office.

R.R.Q., 1981, c. C-26, r. 61, s. 3.01.

3.02. The counsellor must have a place near his consulting office where the persons to whom he renders professional services are received.

R.R.Q., 1981, c. C-26, r. 61, s. 3.02.

3.03. The counsellor must post his permit in public view.

R.R.Q., 1981, c. C-26, r. 61, s. 3.03.

3.04. The counsellor must place in public view, in the place referred to in section 3.02, a copy of the Code of ethics of the members of the Ordre des conseillers en ressources humaines et en relations industrielles agréés du Québec (chapter C-26, r. 81) and of the Regulation respecting the procedure for conciliation and arbitration of accounts of certified human resource and industrial relations counsellors (chapter C-26, r. 88). He must also write the address of the Order on each of those regulations.

R.R.Q., 1981, c. C-26, r. 61, s. 3.04.

3.05. Subject to sections 3.03 and 3.04, the counsellor may, in addition to decorative or utilitarian objects unlikely to mislead his clients with respect to his professional background, display in his consulting office and in the other premises connected with the practice of his profession only the diplomas relating to the practice of his profession.

R.R.Q., 1981, c. C-26, r. 61, s. 3.05.

3.06. The counsellor who is absent from his consulting office for more than 5 consecutive working days must take the necessary measures to inform the persons likely to get in touch with him of the duration of his absence.

R.R.Q., 1981, c. C-26, r. 61, s. 3.06.

REFERENCES

R.R.Q., 1981, c. C-26, r. 61