I-10, r. 10 - Regulation respecting the procedure for conciliation and arbitration of accounts of forest engineers

Updated to 1 January 2016

This document has official status.

chapter I-10, r. 10

Regulation respecting the procedure for conciliation and arbitration of accounts of forest engineers

Forest Engineers Act

(chapter I-10, s. 4).

Professional Code

(chapter C-26, s. 88).

DIVISION I GENERAL PROVISIONS

1.01. This Regulation is made under section 88 of the Professional Code (chapter C-26).

R.R.Q., 1981, c. I-10, r. 8, s. 1.01.

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

(a)  “secretary” means the secretary of the Ordre des ingénieurs forestiers du Québec (Order);

(b)  “forest engineer” means the member of the Order whose account is the object of a dispute with a client;

(c)  “council” means the council for the arbitration of accounts set up under Division III;

(d)  “syndic” means the syndic, assistant syndic or one of the associated syndics of the Order.

R.R.Q., 1981, c. I-10, r. 8, s. 1.02.

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

R.R.Q., 1981, c. I-10, r. 8, s. 1.03.

DIVISION II CONCILIATION

2.01. The syndic shall send a copy of this Regulation to every person who applies therefor or who requests conciliation by the syndic.

R.R.Q., 1981, c. I-10, r. 8, s. 2.01; O.C. 1428-92, s. 1.

2.02. A client who has a dispute with a member of the Ordre des ingénieurs forestiers du Québec concerning the amount of an unpaid account for professional services may file a written application for conciliation with the syndic by sending the form in Schedule I to the secretary of the Order, provided that the member has not instituted proceedings to recover the account.

A client who has a dispute with a member concerning the amount of an account for professional services that he has already paid in whole or in part may also file a written application for conciliation with the syndic within a 45-day period from the date of receipt of the account.

Where the amount of the account has been withdrawn or withheld by the member from the funds that he holds or receives for or on behalf of the client, the period runs from the day on which the client becomes aware of the withdrawal or withholding.

R.R.Q., 1981, c. I-10, r. 8, s. 2.02; O.C. 1428-92, s. 1.

2.03. A member may not institute proceedings to recover an account for professional services before the expiry of a 45-day period from the date of receipt of the account by the client.

R.R.Q., 1981, c. I-10, r. 8, s. 2.03; O.C. 1428-92, s. 1.

2.04. Within 5 days of receiving an application for conciliation, the syndic shall notify the member concerned or, where he is unable to notify the member personally within that period, shall notify the member’s firm.

Once the syndic has informed the member that the client has applied for conciliation, the member may not institute proceedings to recover his account so long as the dispute may be settled by conciliation or arbitration.

Notwithstanding the foregoing, a member may request provisional measures in accordance with article 623 of the Code of Civil Procedure (chapter C-25.01).

R.R.Q., 1981, c. I-10, r. 8, s. 2.04; O.C. 1428-92, s. 1; I.N. 2016-01-01 (NCCP).

2.05. The syndic shall proceed with the conciliation in the manner he considers most appropriate.

R.R.Q., 1981, c. I-10, r. 8, s. 2.05.

2.06. The syndic shall send a report of his conciliation to both parties as soon as possible and not later than 30 days from the date of receipt of the application for conciliation.

R.R.Q., 1981, c. I-10, r. 8, s. 2.06.

2.07. Where the conciliation does not result in agreement between the parties, the client may, within 15 days from the date of receipt of the syndic’s report or, in default of such report, within 45 days from the date of receipt of his application for conciliation, have recourse to arbitration in accordance with Division III.

R.R.Q., 1981, c. I-10, r. 8, s. 2.07.

DIVISION III ARBITRATION

§ 1 . — Submission to arbitration

3.01.01. A client shall apply for arbitration by sending the form in Schedule II to the secretary of the Order.

A copy of the conciliation report shall accompany the client’s application for arbitration.

R.R.Q., 1981, c. I-10, r. 8, s. 3.01.01; O.C. 1428-92, s. 2.

3.01.02. Within 5 days from the receipt of the application for arbitration, the secretary shall forward to the forest engineer, by registered mail, a copy of the submission to arbitration signed by the client.

R.R.Q., 1981, c. I-10, r. 8, s. 3.01.02; I.N. 2016-01-01 (NCCP).

3.01.03. Within 10 days from the receipt of such copy, the forest engineer shall sign it and return it to the secretary.

R.R.Q., 1981, c. I-10, r. 8, s. 3.01.03.

§ 2 . — Formation of council

3.02.01. The council of arbitration shall be composed of 3 arbitrators where the amount in dispute is $1,500 or more, and of a single arbitrator where the amount is less than $1,500.

The executive committee shall appoint the member or members of the council of arbitration from among the members of the Order and, if the council is composed of 3 arbitrators, shall designate the chair and the secretary thereof.

R.R.Q., 1981, c. I-10, r. 8, s. 3.02.01; O.C. 1428-92, s. 3.

3.02.02. Before acting, the members of the council of arbitration shall take the oath in Schedule III.

R.R.Q., 1981, c. I-10, r. 8, s. 3.02.02; O.C. 1428-92, s. 3.

3.02.03. The Secretary of the Order shall send written notice to the arbitrators and to the parties informing them of the formation of the council of arbitration.

R.R.Q., 1981, c. I-10, r. 8, s. 3.02.03; O.C. 1428-92, s. 3.

3.02.04. A request that an arbitrator be recused may be filed only for a reason provided for in article 202 of the Code of Civil Procedure (chapter C-25.01). The request shall be sent in writing to the secretary of the Order, to the council of arbitration and to the parties and their advocates within 10 days of receipt of the notice provided for in section 3.02.03 or within 10 days of the day on which the reason for the request becomes known.

The executive committee shall decide the request and, where applicable, shall see that the arbitrator is replaced.

R.R.Q., 1981, c. I-10, r. 8, s. 3.02.04; O.C. 1428-92, s. 3; I.N. 2016-01-01 (NCCP).

3.02.05. Should an arbitrator die or be unable to act, the other arbitrators shall see the matter through. Should the chair die or be unable to act, the executive committee shall appoint a chair from among the 2 other arbitrators of the council.

If the council of arbitration consists of a single arbitrator, he shall be replaced by a new arbitrator and the dispute shall be reheard.

R.R.Q., 1981, c. I-10, r. 8, s. 3.02.05; O.C. 1428-92, s. 3.

§ 3 . — Hearing

3.03.01. The chair of the council shall fix the date, time and place of the hearing. The secretary shall give the parties or their advocates and the arbitrators at least 10 days’ written notice of the date, time and place of the hearing.

R.R.Q., 1981, c. I-10, r. 8, s. 3.03.01; O.C. 1428-92, s. 4.

3.03.02. The council may ask each party to submit, within a given time limit, a statement of his pretensions with documents in support thereof.

R.R.Q., 1981, c. I-10, r. 8, s. 3.03.02.

3.03.03. The council of arbitration shall, as soon as possible, hear the parties and receive their evidence or record any failure on their part. For those purposes, it shall follow such procedure as it considers appropriate.

The parties are entitled to be represented or assisted by an advocate.

R.R.Q., 1981, c. I-10, r. 8, s. 3.03.03; O.C. 1428-92, s. 4.

3.03.04. (Revoked).

R.R.Q., 1981, c. I-10, r. 8, s. 3.03.04; O.C. 1428-92, s. 5.

3.03.05. The evidence shall not be recorded unless the council or one of the parties so requests. In the latter case, such party shall assume the cost thereof.

R.R.Q., 1981, c. I-10, r. 8, s. 3.03.05.

3.03.06. The secretary shall draw up the minutes of the hearing and have them signed by the arbitrators.

The minutes shall constitute proof of their content, in the absence of proof to the contrary.

R.R.Q., 1981, c. I-10, r. 8, s. 3.03.06; O.C. 1428-92, s. 4.

3.03.07. Articles 644 and 648 of the Code of Civil Procedure (chapter C-25.01) shall apply, with the necessary modifications, to the arbitration held pursuant to this Regulation.

R.R.Q., 1981, c. I-10, r. 8, s. 3.03.07; I.N. 2016-01-01 (NCCP).

§ 4 . — Award

3.04.01. The council must render its decision within 60 days following the end of the hearing, unless the parties agree in writing to extend that time period.

R.R.Q., 1981, c. I-10, r. 8, s. 3.04.01.

3.04.02. The council decides as amiable conpositeur and renders the decision it considers most appropriate.

R.R.Q., 1981, c. I-10, r. 8, s. 3.04.02.

3.04.03. The decision shall be a majority decision of the members of the council; failing a majority decision, the decision shall be taken by the chair.

The decision shall be substantiated and shall be signed by all the members. Where a member refuses or is unable to sign, the others shall mention that fact and the decision shall have the same effect as though it were signed by all the members.

In its decision, the council may uphold or reduce the amount of the account in dispute, determine the reimbursement or payment to which a party may be entitled, and rule on the amount that the client acknowledges owing and that accompanied his application for arbitration.

The decision shall be filed with the secretary of the Order. It shall be immediately sent to the parties or to their advocates.

R.R.Q., 1981, c. I-10, r. 8, s. 3.04.03; O.C. 1428-92, s. 6.

3.04.04. The expenses incurred by the parties for the holding of the arbitration shall be assumed by each of them respectively and cannot be claimed by the adverse party.

R.R.Q., 1981, c. I-10, r. 8, s. 3.04.04.

3.04.05. The decision must adjuge on the arbitration fees.

The total amount of the arbitration fees shall in no case exceed 10% of the amount which is the object of the arbitration as fixed in section 3 of the submission to arbitration.

Where an agreement is reached between the parties before the decision of the council is rendered, the latter shall nevertheless adjudge on the arbitration fees in accordance with this section.

R.R.Q., 1981, c. I-10, r. 8, s. 3.04.05.

3.04.06. The decision is binding on the parties but is subject to forced execution only after having been homologated in accordance with the procedure provided for in articles 645 and 646 of the Code of Civil Procedure (chapter C-25.01).

R.R.Q., 1981, c. I-10, r. 8, s. 3.04.06; O.C. 1428-92, s. 6; I.N. 2016-01-01 (NCCP).

3.04.07. The complete record of arbitration is filed with the secretary who, unless explicitly authorized by the parties, shall issue a copy thereof in whole or in part only to the latter, their attorney, the syndic and members of the board of directors.

R.R.Q., 1981, c. I-10, r. 8, s. 3.04.07.

SCHEDULE I

(s. 2.02)

APPLICATION FOR CONCILIATION

I, the undersigned, __________(name and address)__________ in person or (where applicable) representing ______________________________ for the purposes of this application, as attested to by the authorization annexed hereto, being duly sworn, declare:

(1) __________(name of forest engineer)__________ claims from me the sum of ______________________________ for professional services rendered between ______________________________ and ______________________________ as attested to by the account a copy of which is annexed hereto;

(2) I refuse to pay this account for the following reason(s):

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but (where applicable) I acknowledge that I owe the sum of ______________________________ for the professional services referred to in such account;

(3) I apply for conciliation by the syndic pursuant to Division II of the Regulation respecting the procedure for conciliation and arbitration of accounts of forest engineers (chapter I-10, r. 10), of which I declare having received a copy and taken cognizance.

Sworn to before me

at ____________________________________ this _____________________________________ 20__________

And I have signed

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(signature of client or his duly authorized representative)

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(Commissioner for oaths)

R.R.Q., 1981, c. I-10, r. 8, Sch. 1.

SCHEDULE II

(s. 3.01.01)

APPLICATION FOR ARBITRATION OF AN ACCOUNT

I, the undersigned, __________(client’s name)__________ __________(domicile)__________ declare that:

(1) __________(member’s name)__________ is claiming from me (or refuses to reimburse to me) a sum of money for professional services.

(2) I have enclosed a copy of the conciliation report.

(3) I am applying for arbitration of the account under the Regulation respecting the procedure for conciliation and arbitration of accounts of forest engineers (chapter I-10, r. 10).

(4) I have received a copy of the Regulation mentioned above and have taken cognizance thereof.

(5) I agree to submit to the procedure provided for in that Regulation and, where required, to pay to __________(name of member)__________ the amount of arbitration award.

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Signature

R.R.Q., 1981, c. I-10, r. 8, Sch. 2; O.C. 1428-92, s. 7.

SCHEDULE III

(s. 3.02.02)

OATH

I swear that I will perform all my duties and to exercise all my powers as an arbitrator faithfully, impartially and honestly, to the best of my abilities and knowledge.

I also swear that I will not, without being so authorized by law, disclose or make known anything whatsoever of which I may take cognizance in the performance of my duties.

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Signature

Sworn before me at ____________________________________ on ____________________________________

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Commissioner for oaths

O.C. 1428-92, s. 8.

REFERENCES

R.R.Q., 1981, c. I-10, r. 8

O.C. 1428-92, 1992 G.O. 2, 4571

S.Q. 2008, c. 11, ss. 212 and 213